32034 Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations DATES: This suspension is effective May The filing and processing suspension suspension until after publication in the 31, 2012. It has been enforced with applies only to applications for new or Federal Register. Such a delay would have actual notice since April 26, 2012. expanded use of T–Band frequencies for been impractical, unnecessary, and contrary the following radio services in the 470– to the public interest because it would ADDRESSES: Federal Communications undercut the purposes of the suspension.3 Commission, 445 12th St. SW., 512 MHz band: Washington, DC 20554. Part 22 Public Mobile Services: Paging Procedural Matters and Radiotelephone (radio service code FOR FURTHER INFORMATION CONTACT: For CD), Offshore Radiotelephone (radio 1. Paperwork Reduction Act Analysis additional information or questions, service code CO) This document does not contain please contact Mr. Keith Harper of the Part 90 Industrial/Business Pool: proposed information collection(s) Wireless Telecommunications Bureau, Industrial/Business Pool—Conventional subject to the Paperwork Reduction Act (202) 418–2759, [email protected], (radio service code IG), Industrial/ of 1995 (PRA), Public Law 104–13. In regarding Part 22 applications; Mr. Business Pool—Commercial, addition, therefore, it does not contain Terry Fishel of the Wireless Conventional (radio service code IK), any new or modified ‘‘information Telecommunications Bureau, (717) 338– Industrial/Business Pool—Trunked collection burden for small business 2602, [email protected], regarding (radio service code YG), Industrial/ concerns with fewer than 25 Part 90 Industrial/Business Pool Business Pool—Commercial, Trunked employees,’’ pursuant to the Small applications; or Mr. Tracy Simmons of (radio service code YK) Business Paperwork relief Act of 2002, the Public Safety and Homeland Part 90 Public Safety Pool: Public Public Law 107–198, See 44 U.S.C. Security Bureau, (717) 338–2657, Safety Pool—Conventional (radio 3506(c)(4). [email protected], regarding Part service code PW), Public Safety Pool— 90 Public Safety Pool applications. Trunked (radio service code YW). 2. Congressional Review Act SUPPLEMENTARY INFORMATION: This is a As such, effective immediately and The Commission’s Consumer and summary of the Commission’s Public until further notice, the Bureaus will not Governmental Affairs Bureau, Reference Notice, (‘‘PN’’) in DA 12–643, which accept or process (1) applications for Information Center, SHALL SEND a was released on April 26, 2012. The full new licenses; (2) applications that seek copy of this Public Notice in a report to text of this document available for to modify existing licenses by adding or be sent to Congress and the Government public inspection and copying during changing frequencies or locations; (3) Accountability Office pursuant to the business hours in the FCC Reference applications that seek to modify existing Congressional Review Act, see 5 U.S.C. Information Center, Portals II, 445 12th licenses by changing technical 801(a)(1)(A). St., SW., Room CY–A257, Washington, parameters in a manner that expands Federal Communications Commission. the station’s spectral or geographic DC, 20554 or by downloading the text Scot Stone, from the Commission’s Web site at footprint, such as, but not limited to, increases in bandwidth, power level, Deputy Chief, Mobility Division, Wireless http://www.fcc.gov/. The complete text Telecommunications Bureau. also may be purchased from the antenna height, or area of operation; and [FR Doc. 2012–12953 Filed 5–30–12; 8:45 am] Commission’s duplicating contractor, (4) any other application that could Best Copy and Printing, Inc., Portals II, increase the degree to which the 470– BILLING CODE 6712–01–P 445 12th Street, Suite CY–B402, 512 MHz band currently is licensed. We Washington, DC 20554. Alternative clarify that affected applications that are FEDERAL COMMUNICATIONS formats are available for people with now pending will not be further COMMISSION disabilities (Braille, large print, processed until the Commission decides electronic files, audio format), by how to implement the Act, except that 47 CFR Part 73 sending an email to <[email protected]> defective applications and applications or calling the Consumer and in return status that are not timely [MB Docket No. 09–52; FCC 11–190] resubmitted will be dismissed. Government Affairs Bureau at (202) Policies To Promote Rural Radio 418–0530 (voice), (202) 418–0432 The decision to impose this suspension is Service and To Streamline Allotment (TTY). procedural in nature, and therefore is not and Assignment Procedures subject to the notice, comment, and effective Synopsis of the Public Notice date requirements of the Administrative AGENCY: Federal Communications On April 26, 2012, the Wireless Procedure Act.2 Moreover, there was good Commission. cause for not delaying the effect of the Telecommunications Bureau and Public ACTION: Final rule; announcement of Safety and Homeland Security Bureau effective date. released a Public Notice which nine years after the date of enactment, the Commission shall ‘‘reallocate the spectrum in the SUMMARY: In this document, the suspended the acceptance and 470–512 MHz band * * * currently used by public processing of certain applications for safety eligibles * * *.’’ Id. at 6103(a). The Act Commission announces that the Office Part 22 and 90 services operating in the instructs the Commission to ‘‘begin a system of of Management and Budget (OMB) has 470–512 MHz spectrum band (T–Band). competitive bidding under section 309(j) of the approved, for a period of three years, the Communications Act of 1934 (47 U.S.C. 309(j)) to information collection requirements and The suspension will serve to stabilize grant new initial licenses for the use of the the spectral environment while the spectrum.’’ Id. It also provides that ‘‘relocation of form revisions associated with the Commission considers issues public safety entities from the T–Band Spectrum’’ Commission’s rules contained in the surrounding future use of the T–Band, shall be completed not later than two years after Third Report and Order, FCC 11–190, completion of the system of competitive bidding. pertaining to the policies to promote solicits input from interested parties, Id. at 6103(b) and (c). and determines how best to implement 2 See 5 U.S.C. 553(b)(A), (d); see also, e.g., rural radio service and to streamline recent spectrum legislation contained in Neighborhood TV Co. v. FCC, 742 F.2d 629, 637– allotment and assignment procedures. the Middle Class Tax Relief and Job 38 (D.C. Cir. 1984) (holding that the Commission’s This notice is consistent with the Third 1 filing freeze is a procedural rule not subject to the Report and Order, which stated that the Creation Act of 2012. notice and comment requirements of the Administrative Procedure Act); Buckeye Commission would publish a document 1 Public Law 112–96, 126 Stat. 156 (2012). Cablevision, Inc. v. United States, 438 F.2d 948, Section 6103 of the Act provides that, not later than 952–53 (6th Cir. 1971). 3 See 5 U.S.C. 553(b)(B), (d)(3). VerDate Mar<15>2010 16:27 May 30, 2012 Jkt 226001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1 mstockstill on DSK4VPTVN1PROD with RULES1 Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations 32035 in the Federal Register announcing the Total Annual Burden: 20,497 hours. Allotment proponent did at the effective date of these rules and form Total Annual Costs: $90,659,382. allotment stage. If it wishes its changes. Obligation to Respond: Required to previously filed Form 301 application to obtain or retain benefits. The statutory DATES: 47 CFR 73.3573 and FCC Form be considered at this stage, then during authority for this collection of 301, published at 77 FR 2916, January the TQ Window the original Tribal information is contained in Sections 20, 2012, are effective July 2, 2012. Allotment proponent must submit 154(i), 303 and 308 of the notice to process its pending Form 301 FOR FURTHER INFORMATION CONTACT: Communications Act of 1934, as application immediately. Cathy Williams on (202) 418–2918 or amended. If only one acceptable application is via email to: [email protected]. Nature and Extent of Confidentiality: filed during the TQ Window, whether SUPPLEMENTARY INFORMATION: This There is no need for confidentiality with by the original Tribal allotment document announces that, on April 27, this collection of information. proponent submitting notification to 2012, OMB approved, for a period of Privacy Impact Assessment(s): No process its previously filed Form 301, or three years, the information collection impact(s). by another qualified applicant, that requirements contained in the Needs and Uses: On January 28, 2010, application will be promptly processed Commission’s Third Report and Order, the Commission adopted a First Report and the Tribal Allotment will not be FCC 11–190, published at 77 FR 2916, and Order and Further Notice of auctioned. In the event that two or more January 20, 2012. The OMB Control Proposed Rulemaking (‘‘First R&O’’) in acceptable applications are filed during Number is 3060–0027. The Commission MB Docket No. 09–52, FCC 10–24. To the TQ Window, the Commission will publishes this notice as an enhance the ability of federally announce a limited period in which the announcement of the effective date of recognized Native American Tribes to parties may negotiate a settlement or the rule section and form revisions. provide vital radio services to their bona fide merger, as a way of resolving citizens on Tribal lands, in the First Synopsis the mutual exclusivity between their R&O the Commission established a applications. If a settlement or merger is As required by the Paperwork Tribal Priority for use in its radio reached, the parties must notify the Reduction Act of 1995 (44 U.S.C.