Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collection(s) Being Reviewed by the

Federal Communications Commission

August 20, 1998.

SUMMARY: The Federal Communications Commission, as part of its

continuing effort to reduce paperwork burden invites the general public

and other Federal agencies to take this opportunity to comment on the

following information collection, as required by the Paperwork

Reduction Act of 1995, Pub. L. 104-13. An agency may not conduct or

sponsor a collection of information unless it displays a currently

valid control number. No person shall be subject to any penalty for

failing to comply with a collection of information subject to the

Paperwork Reduction Act (PRA) that does not display a valid control

number. Comments are requested concerning (a) whether the proposed

collection of information is necessary for the proper performance of

the functions of the Commission, including whether the information

shall have practical utility; (b) the accuracy of the Commission's

burden estimate; (c) ways to enhance the quality, utility, and clarity

of the information collected; and (d) ways to minimize the burden of

the collection of information on the respondents, including the use of

automated collection techniques or other forms of information

technology.

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DATES: Persons wishing to comment on this information collection should

submit comments by October 26, 1998. If you anticipate that you will be

submitting comments, but find it difficult to do so within the period

of time allowed by this notice, you should advise the contact listed

below as soon as possible.

ADDRESSES: Direct all comments to Les Smith, Federal Communications

Commission, Room 234, 1919 M St., NW, Washington, DC 20554 or via

internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies

of the information collections contact Les Smith at 202-418-0217 or via

internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval Number: 3060-0656.

Title: Application to Participate in an FCC MDS Auction.

Form Number: FCC 175-M.

Type of Review: Extension of currently approved collection.

Respondents: Businesses, or other-for-profit entities.

Number of Respondents: 50.

Estimated Time Per Response: 40 minutes (10 minutes/respondent + 30

minutes/contracting attorney).

Frequency of Response: On occasion reporting requirements.

Total Annual Burden: 2 hours.

Cost to Respondents: $5,000.

Needs and Uses: On 6/15/95, the Commission adopted a Report and

Order in MM Docket No. 94-131 and PP Docket No. 93-253, Amendment of

Parts 21 and 74 of the Commission's Rules with Regard to Filing

Procedures in the Multipoint Distribution Service and in the

Instructional Television Fixed Service and Implementation of Section

309(j) of the Communications Act--Competitive Bidding. The purpose of

this Report and Order was to streamline the procedures for filing MDS

applications and facilitate the development and rapid deployment of

wireless cable services. Among other things, this Report and Order

establishes competitive bidding rules and procedures for the Multipoint

Distribution Service (MDS). The Commission determined that simultaneous

multiple round bidding would be used in the MDS auctions.

For the MDS auctions, the Commission determined that designated

entities would only include small businesses. Due to the differing

criteria for establishing designated entity status, the Commission

created FCC 175M. This form essentially has the same data elements as

the current FCC 175 (3060-0600). The form FCC 175-M is tailored for use

only by MDS applicants.

The information will be used by FCC staff to determine whether the

applicant is legally, technically and otherwise qualified to

participate in the auction. The rules and requirements were designed to

ensure that the competitive bidding process is limited to serious,

qualified applicants and to deter possible abuses of the bidding and

licensing processes.

OMB Approval Number: 3060-0658.

Title: Section 21.960, Designated entity provisions of MDS.

Form Number: N/A.

Type of Review: Extension of currently approved collection.

Respondents: Businesses or other for-profit.

Number of Respondents: 75.

Estimated Hours Per Response: 1-2 hours (1 hour for records

maintenance; 2 hours for designated entity exhibits: 1 hour/respondent

+ 1 hour/contract attorney).

Frequency of Response: Recordkeeping; On occasion reporting

requirements.

Total Annual Burden: 75 hours.

Cost to Respondents: $4,000.

Needs and Uses: Section 21.960(e) requires winning bidders who are

designated entities (small businesses) to file with its long-form

application or statement of intention an exhibit which includes

eligibility requirements as listed in Section 21.960(e). This exhibit

should also list and summarize all agreements that affect designated

entity status.

Section 21.960(f) requires all holders of BTA authorizations

acquired by auction that claim designated entity status to maintain, at

their principal place of business or with their designated agent, an

updated documentary file of ownership and revenue information necessary

to establish their status. All BTA authorization holders claiming

eligibility under designated entity provisions are subject to audits

under Section 21.960(g). Selection for an audit may be random, on

information from any source, or on the basis of other factors. These

audits may include inspection of the BTA holders' books, documents and

other materials sufficient to confirm that such holders'

representations are, and remain, accurate.

The exhibit submitted under Section 21.960(e) is necessary for the

Commission to determine whether the applicant is qualified as a

designated entity (small business) and therefore eligible for special

measures including installment payments, reduced up-front payments and

bidding credits. The records maintenance and audit provisions of

Sections 21.960(f) and (g) are necessary to prevent abuse of the

special measures offered to those MDS auction winners claiming

designated entity status. These provisions requiring the retention of

records should not prove overly burdensome, and they will help to

ensure that only entities eligible under the auction rules will be able

to take advantage of the designated entity measures.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-23019 Filed 8-26-98; 8:45 am]

BILLING CODE 6712-01-P