Notice of Public Information Collection(s) Submitted to OMB for Review and Approval

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collection(s) Submitted to OMB for

Review and Approval

August 25, 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(s), 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, 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 information techniques or other forms of information

technology.

DATES: Written comments should be submitted on or before October 1,

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,

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

[email protected].

[[Page 46445]]

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: 3060-0767.

Title: Auction Forms and License Transfer Disclosures--Supplement

for the Second R & O, Order on Reconsideration, and Fifth NPRM in CC

Docket No. 92-297.

Form Number: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities; State, Local

or Tribal Government.

Number of Respondents: 44,000 (180,000 annual responses).

Estimated Time Per Response: 0.5-4.0 hours.

Frequency of Response: Recordkeeping; On occasion reporting

requirements.

Total Annual Burden: 773,000 hours.

Cost to Respondents: $47,452,000.

Needs and Uses: The auction rules, among other things, require

small business applicants to submit ownership information and gross

revenue calculations, and all applicants to submit terms of joint

bidding agreements (if any). Furthermore, in case a licensee defaults

or losses its license, the Commission retains the discretion to

reauction such licenses. If licenses are reauctioned, the new license

winner would be required at the close of the reauction, to comply with

the same disclosure requirements. Finally, licensees who transfer

licenses within three years will be required to maintain certain

information to ensure compliance with Commission rules.

Specifically: (1) Small business license winners (and their

successors in interest as licensees) will be required to maintain a

file over the license term containing ownership and gross revenues

information, necessary to determine their business eligibility as a

small business and (2) licensees who transfer licensees within three

years are required to maintain a file of all documents and contracts

pertaining to the transfer. Applicants that do not obtain the

license(s) for which they applied shall maintain such files until the

grant of such license(s) is final, or one year from the date of the

filing of their short-form, application (FCC Form 175), whichever is

earlier.

The Commission also adopted rules to determine the amount of unjust

enrichment payments to be assessed upon assignment, transfer,

partitioning and disaggregation of licenses. This rule, applicable to

all current and future licensees, is based upon the unjust enrichment

of rule currently applicable to broadband PCS licensees. Additionally,

the Commission amended its general anticollusion rules, permitting the

holder of a non-controlling attributable interest in an applicant to

obtain an ownership interest in or enter into a consortium arrangement

with another applicant for a license in the same geographic area

provided that the original applicant has withdrawn from the auction, is

no longer placing bids, and has no further eligibility. To meet the

requirements of the exception, the attributable interest holder will be

required to certify to the Commission that it did not communicate with

the new applicant prior to the date the original applicant withdrew

from the auction, and that it will not convey bidding information, or

otherwise serve as a nexus between the previous and the new applicant.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 98-23440 Filed 8-31-98; 8:45 am]

BILLING CODE 6712-10-P