Federal Register - November 22, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Rules and Regulations requirements for information collection associated with this final rule.
List of Subjects for 37 CFR Part 1
Administrative practice and procedure, Biologics, Courts, Freedom of information, Inventions and patents, Reporting and recordkeeping requirements, Small businesses.
For the reasons stated in the preamble, the Office amends 37 CFR
part 1 as follows:
PART 1RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for 37 CFR
part 1 continues to read as follows:
Authority: 35 U.S.C. 2b2, unless otherwise noted.
1.16
Amended
2. Amend 1.16 in paragraph u introductory text by removing January 1, 2022 and adding January 1, 2023
in its place.
Andrew Hirshfeld, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
FR Doc. 202125368 Filed 111921; 8:45 am BILLING CODE 351016P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 73, and 74
GEN Docket No. 12268; FCC 21111; FR
ID 56167
Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auction Federal Communications Commission.
ACTION: Final rule.
AGENCY:
In this document, the Commission adopts several rule updates to reflect the conclusion of the incentive auction and post-incentive auction transition period. First, the Commission adopts a revised Table of Allotments Table to reflect changes to full power television channel allotments contained in the 2018 Post-Transition Table of DTV Allotments to codify Commission actions taken over the past several years that modified the DTV channel allotments reflected in the 2018 Table, primarily actions related to the incentive auction and repacking process authorized by the Spectrum Act. The Order also deletes or revises
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SUMMARY:
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Commission rules that no longer have any practical effect given the conclusion of the incentive auction and postincentive auction transition period, or that are otherwise obsolete or irrelevant.
DATES:
Effective December 22, 2021.
FOR FURTHER INFORMATION CONTACT:
Kevin Harding, Media Bureau, at 202
4187077 or Kevin.Harding@fcc.gov.
This is a synopsis of the Commissions Order, in Gen Docket No. 12268; FCC 21111, adopted on October 22, 2021 and released on October 25, 2021. The full text of this document is available for download at https docs.fcc.gov/public/
attachments/FCC-21-111A1.pdf. To request materials in accessible formats braille, large print, computer diskettes, or audio recordings, please send an email to FCC504@fcc.gov or call the Consumer & Government Affairs Bureau at 202 4180530 VOICE, 202 418
0432 TTY.
SUPPLEMENTARY INFORMATION:
Synopsis Channel allotments for full power television stations in the United States, its territories, and possessions are listed and codified in 47 CFR part 73 of the Commissions rules, and applicants for full power television stations may only apply to construct on the channels designated in the codified Table of Allotments and only in the communities listed therein. To accommodate the analog to digital television transition, in 1997 the Commission allotted a paired DTV channel to analog television licensees and permittees. All full power stations terminated analog operations on June 12, 2009 with minor and temporary exceptions and thereafter broadcast solely on its allotted digital channel. In 2012, Congress passed the Spectrum Act that required the Commission to reorganize the ultra-high frequency UHF band using a two-sided incentive auction that reallocated broadcast television spectrum for mobile broadband services, which included a repacking process that reorganized and assigned new channels to full power and Class A broadcast TV
stations that would remain on the air after the auction. In implementing the Spectrum Act, the Commission decided, after seeking comment on the issue, that it would not use a codified Table or rulemaking procedures to implement channel changes resulting from the repacking process, instead determining that the Table would be amended to codify all new full power channel assignments after completion of the repacking and channel substitution process.
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As a result of the incentive auction, 145 broadcast stations accepted incentive payments to relinquish their spectrum rights and either go off the air or, in some cases, continue broadcasting through a channel sharing arrangement.
In addition, as a result of the repacking process, 987 full power and Class A
stations were reassigned to new channels, and twenty-four winning channel sharing bidders filed applications to change their stations community of license. After the incentive auction, the Media Bureau opened two filing windows for stations that were repacked. These windows permitted certain reassigned stations or band changing stations to seek alternate channels. A total of 49 stations applied for an alternate channel during these two windows and received a construction permit for a new channel.
With the incentive auction and 39month post-incentive auction transition period completed in July 2019, the Media Bureau lifted a number of filing freezes, effective November 2020, that pertained to the 2018 Table.
Specifically, the Media Bureau lifted freezes on:
Petitions for rulemaking to change channels in the Table of Allotments.
Petitions for rulemaking for new allotments.
Petitions for rulemaking to change communities of license.
The Bureau received almost 50
petitions, primarily to substitute a UHF
channel for a VHF channel, to change a stations community of license, or to allot a new channel. The majority have been acted on and the changes effective, and the effective channel or community changes are reflected in the new Table.
All the petitions were subject to a Notice of Proposed Rulemaking seeking comment on the proposed rule changes and all were adopted through a Report and Order, pursuant to the Administrative Procedure Act, and published in the Federal Register.
The Post-Transition Table of Allotments. The Order adopts a Table that reflects all previously approved changes since the last table of allotments update in 2018. Specifically, the new Table reflects the following actions by the Commission, described above: 1 The incentive auction and television repacking process authorized by the Spectrum Act; 2 channel changes requested by stations assigned to new channels as part of the incentive auction repacking process; and 3
changes adopted after lifting the freeze in November 2020 on the filing of rulemaking petitions to change the 2018
Table. In the Order, the Commission found good cause to make these
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