Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Notices 15977 

complaints and resolve interference and 

operational complaints that may arise 

among the users. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2011–6596 Filed 3–21–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

March 16, 2011. 

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 (PRA) of 1995, 44 U.S.C. 3501–3520. 

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; (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, and (e) ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC 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 currently valid OMB 

control number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before May 23, 2011. If 

you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

the Federal Communications 

Commission via e-mail to PRA@fcc.gov 

and Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Cathy 

Williams on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0027. 

Title: Application for Construction 

Permit for Commercial Broadcast 

Station, FCC Form 301. 

Form Number: FCC Form 301. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Not-for-profit entities; 

State, local or Tribal governments. 

Number of Respondents and 

Responses: 4,544 respondents; 7,980 

responses. 

Estimated Time per Response: 1–6.25 

hours (average). 

Frequency of Response: On occasion 

reporting requirement; Third-party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for the information collection 

requirements is contained in Sections 

154(i), 303 and 308 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 20,257 hours. 

Total Annual Costs: $88,116,793. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On January 28, 2010, 

the Commission adopted a First Report 

and Order and Further Notice of 

Proposed Rulemaking in MB Docket No. 

09–52, FCC 10–24. On March 3, 2011, 

the Commission adopted a Second 

Report and Order (‘‘Second R&O’’), First 

Order on Reconsideration, and Second 

Further Notice of Proposed Rule Making 

in MB Docket No. 09–52, FCC 11–28. 

The Second R&O adopts modifications 

to the manner in which the Commission 

awards preferences to applicants under 

the provisions of Section 307(b) of the 

Act. For Section 307(b) purposes, 

licensees and permittees seeking to 

change community of license must 

demonstrate that the facility at the new 

community represents a preferential 

arrangement of allotments (FM) or 

assignments (AM) over the current 

facility. Applications that are submitted 

to change an existing radio facility’s 

community of license must include an 

Exhibit containing information 

demonstrating that the proposed change 

of community of license will result in a 

preferential arrangement of allotments 

or assignments under Section 307(b). 

Consistent with actions taken by the 

Commission in the Second R&O, the 

Instructions to the Form 301 have been 

revised to incorporate the information 

that must be included in the Exhibit, 

which is responsive to the ‘‘Community 

of License Change—Section 307(b)’’ 

question in the Form 301. The Form 301 

itself has not been revised, nor have any 

questions been added to the Form 301. 

Rather, the Instructions for the Form 

301 have been revised to assist 

applicants with completing the 

mandatory, responsive Exhibit. 

The modifications to the 

Commission’s allotment and assignment 

policies adopted in the Second R&O 

include a rebuttable ‘‘Urbanized Area 

service presumption’’ under Priority (3), 

whereby an application to locate or 

relocate a station as the first local 

transmission service at a community 

located within an Urbanized Area, that 

would place a daytime principal 

community signal over 50 percent or 

more of an Urbanized Area, or that 

could be modified to provide such 

coverage, will be presumed to be a 

proposal to serve the Urbanized Area 

rather than the proposed community. 

In the case of an AM station, the 

determination of whether a proposed 

facility ‘‘could be modified’’ to cover 50 

percent or more of an Urbanized Area 

will be made based on the applicant’s 

certification in the Exhibit that there 

could be no rule-compliant minor 

modifications to the proposal, based on 

the antenna configuration or site, and 

spectrum availability as of the filing 

date, that could cause the station to 

place a principal community contour 

over 50 percent or more of an Urbanized 

Area. In the case of an FM station, the 

determination of whether a proposed 

facility ‘‘could be modified’’ to cover 50 

percent or more of an Urbanized Area 

will be based on an applicant’s 

certification in the Exhibit that there are 

no existing towers in the area to which, 

at the time of filing, the applicant’s 

antenna could be relocated pursuant to 

a minor modification application to 

serve 50 percent or more of an 

Urbanized Area. Specifically, an FM 

applicant would need to certify that 

there could be no rule-compliant minor 

modification on the proposed channel 

to provide a principal community signal 

over 50 percent or more of an Urbanized 

Area, in addition to covering the 

proposed community of license. In 

doing so, FM applicants will be required 

to consider all existing registered towers 

in the Commission’s Antenna Structure 

Registration database, in addition to any 

unregistered towers currently used by 

licensed radio stations. Furthermore, we 

expect all applicants to consider widelyused techniques, such as directional 

antennas and contour protection, when 


srobinson on DSKHWCL6B1PROD with NOTICES
15978 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Notices 

certifying that the proposal could not be 

modified to provide a principal 

community signal over the community 

of license and 50 percent or more of an 

Urbanized Area. 

To the extent the applicant wishes to 

rebut the Urbanized Area service 

presumption, the Exhibit must include 

a compelling showing (a) that the 

proposed community is truly 

independent from the Urbanized Area; 

(b) of the community’s specific need for 

an outlet of local expression separate 

from the Urbanized Area; and (c) the 

ability of the proposed station to 

provide that outlet. 

For applicants making a showing 

under Priority (4), other public interest 

matters, the Exhibit must provide a 

description of all populations gaining or 

losing third, fourth, or fifth reception 

service, and the percentage of the 

population in the station’s current 

protected contour that will lose third, 

fourth, or fifth reception service, if any. 

The Commission will also require 

applicants to not only set forth the 

populations gaining and losing service 

under the proposal, but also the 

numbers of services those populations 

will receive if the application is granted, 

and an explanation as to how the 

proposal provides a preferential 

arrangement of allotments or 

assignments and advances the revised 

Section 307(b) policies. 

The Commission specifically stated 

that these modified allotment and 

assignment procedures will apply to any 

applications to change community of 

license that are pending as of the release 

date of the Second R&O, March 3, 2011. 

Therefore, an applicant with a pending 

community of license change 

application must file an amendment 

demonstrating how the proposal 

represents a preferential arrangement of 

allotments or assignments under the 

policy modifications adopted in the 

Second R&O. For example, an applicant 

claiming Priority (3) would have to file 

the above-referenced ‘‘could be 

modified’’ certification, if appropriate, 

or a showing to rebut the Urbanized 

Area service presumption, if applicable. 

Similarly, an applicant claiming Priority 

(4) will have to make a showing as to 

the populations gaining or losing service 

under the proposed community of 

license change, as well as the numbers 

of services those populations will 

receive if the application is granted, and 

an explanation as to how the proposal 

advances the revised Section 307(b) 

priorities set out in the Second R&O. 

See Second R&O, FCC 11–28, at 22–23 

¶ 39. Such amendments must be filed 

once the information collection 

requirements are approved by OMB and 

the effective date for the requirements is 

announced by the Commission. Finally, 

under Priority (4) applicants may offer 

any other information they believe 

pertinent to a public interest showing 

and relevant to the Commission’s 

consideration. 

OMB Control Number: 3060–0029. 

Title: Application for Construction 

Permit for Reserved Channel 

Noncommercial Educational Broadcast 

Station, FCC Form 340. 

Form Number: FCC Form 340. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Not-for-profit entities; 

State, local or Tribal governments. 

Number of Respondents and 

Responses: 2,765 respondents; 2,765 

responses. 

Estimated Time per Response: 1–6 

hours (average). 

Frequency of Response: On occasion 

reporting requirement; Third-party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for the information collection 

requirements is contained in Sections 

154(i), 303 and 308 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 7,150 hours. 

Total Annual Costs: $29,079,700. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On January 28, 2010, 

the Commission adopted a First Report 

and Order in the Matter of Policies to 

Promote Rural Radio Service and to 

Streamline Allotment and Assignment 

Procedures, MB Docket No. 09–52, FCC 

10–24 (released February 3, 2010). On 

March 3, 2011, the Commission adopted 

a Second Report and Order, First Order 

on Reconsideration, and Second Further 

Notice of Proposed Rule Making in MB 

Docket No. 09–52, FCC 11–28 (released 

March 3, 2011). In the First Report and 

Order, the Commission adopted the 

Tribal Priority proposed in the Notice of 

Proposed Rule Making, with some 

modifications. Under the Tribal Priority, 

a Section 307(b) priority will apply to 

an applicant meeting all of the following 

criteria: (1) The applicant is either a 

Federally recognized Tribe or Tribal 

consortium, or an entity 51 percent or 

more owned or controlled by a Tribe or 

Tribes; (2) at least 50 percent of the 

daytime principal community contour 

of the proposed facilities covers Tribal 

Lands, in addition to meeting all other 

Commission technical standards; (3) the 

specified community of license is 

located on Tribal Lands; and (4) the 

applicant proposes the first local Tribalowned noncommercial educational 

transmission service at the proposed 

community of license. The proposed 

Tribal Priority would apply, if at all, 

before the fair distribution analysis 

currently used to evaluate 

noncommercial educational 

applications. The Tribal Priority does 

not prevail over an applicant proposing 

first overall reception service to a 

significant population. The First Order 

on Reconsideration modifies the 

initially adopted Tribal Priority 

coverage requirement, by creating an 

alternative coverage standard under 

criterion (2), enabling Tribes to qualify 

for the Tribal Priority even when their 

Tribal Lands are too small or irregularly 

shaped to comprise 50 percent of a radio 

station’s signal. In such circumstances, 

Tribes may claim the priority (i) if the 

proposed principal community contour 

of the station encompasses 50 percent or 

more of that Tribe’s Tribal Lands, but 

does not cover more than 50 percent of 

the Tribal lands of a non-applicant 

Tribe, (ii) serves at least 2,000 people 

living on Tribal Lands, and (iii) the total 

population on Tribal Lands residing 

within the station’s service contour 

constitutes at least 50 percent of the 

total covered population, with provision 

for waivers as necessary to effectuate the 

goals of the Tribal Priority. This 

modification will enable Tribes with 

small or irregularly shaped lands to 

qualify for the Tribal Priority. The First 

Order on Reconsideration also provides 

that, under criterion (2), even an 

applicant whose Tribal Lands would be 

covered by 50 percent or more of the 

proposed principal community contour 

(the original coverage standard set forth 

in the First Report and Order) may not 

claim the credit if the principal 

community contour would cover more 

than 50 percent of the Tribal Lands of 

a non-applicant Tribe. 

FCC Form 340 and its instructions 

have been revised to accommodate 

those applicants qualifying for the new 

Tribal Priority. After adoption of the 

First Report and Order, we added new 

Questions 1 and 2, which seek 

information as to the applicant’s 

eligibility for the Tribal Priority and 

direct applicants claiming the priority to 

prepare and attach an exhibit, to Section 

III. The instructions for Section III were 

also revised to assist applicants with 

completing the new questions and 

preparing the exhibit. In the First Order 

on Reconsideration, the Commission 

added an alternative definition of 

‘‘Tribal Coverage’’ to that adopted in the 

First Report and Order. Accordingly, we 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Notices 15979 

have modified the instructions for 

Section III, Question 2, to comport with 

the new alternative Tribal Coverage 

definition. The form itself has not been 

revised, nor have any questions been 

added to Form 340. 

OMB Control Number: 3060–0996. 

Title: AM Auction Section 307(b) 

Submissions. 

Form Number: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Not-for-profit entities; 

State, local or Tribal governments. 

Number of Respondents and 

Responses: 210 respondents; 210 

responses. 

Estimated Time per Response: 0.5–6 

hours (average). 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for the information collection 

requirements is contained in Sections 

154(i), 307(b) and 309 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 1,029 hours. 

Total Annual Costs: $2,126,100. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On January 28, 2010, 

the Commission adopted a First Report 

and Order and Further Notice of 

Proposed Rulemaking (‘‘First R&O’’) in 

MB Docket No. 09–52, FCC 10–24. The 

First R&O adopted changes to certain 

procedures associated with the award of 

broadcast radio construction permits by 

competitive bidding, including 

modifications to the manner in which it 

awards preferences to applicants under 

the provisions of Section 307(b). In the 

First R&O, the Commission added a new 

Section 307(b) priority that would apply 

only to Native American and Alaska 

Native Tribes, Tribal consortia, and 

majority Tribal-owned entities 

proposing to serve Tribal lands. As 

adopted in the First R&O, the priority is 

only available when all of the following 

conditions are met: (1) The applicant is 

either a Federally recognized Tribe or 

Tribal consortium, or an entity that is 51 

percent or more owned or controlled by 

a Tribe or Tribes; (2) at least 50 percent 

of the area within the proposed station’s 

daytime principal community contour is 

over that Tribe’s Tribal lands, in 

addition to meeting all other 

Commission technical standards; (3) the 

specified community of license is 

located on Tribal lands; and (4) in the 

commercial AM service, the applicant 

must propose first or second aural 

reception service or first local 

commercial Tribal-owned transmission 

service to the proposed community of 

license, which must be located on Tribal 

lands. Applicants claiming Section 

307(b) preferences using these factors 

will submit information to substantiate 

their claims. 

On March 3, 2011, the Commission 

adopted a Second Report and Order 

(‘‘Second R&O’’), First Order on 

Reconsideration, and Second Further 

Notice of Proposed Rule Making in MB 

Docket No. 09–52, FCC 11–28. The First 

Order on Reconsideration modifies the 

initially adopted Tribal Priority 

coverage requirement, by creating an 

alternate coverage standard under 

criterion (2), enabling Tribes to qualify 

for the Tribal Priority even when their 

Tribal lands are too small or irregularly 

shaped to comprise 50 percent of a 

station’s signal. In such circumstances, 

Tribes may claim the priority (i) if the 

proposed principal community contour 

encompasses 50 percent or more of that 

Tribe’s Tribal lands, but does not cover 

more than 50 percent of the Tribal lands 

of a non-applicant Tribe; (ii) serves at 

least 2,000 people living on Tribal 

lands, and (iii) the total population on 

Tribal lands residing within the 

station’s service contour constitutes at 

least 50 percent of the total covered 

population, with provision for waivers 

as necessary to effectuate the goals of 

the Tribal Priority. This modification 

will now enable Tribes with small or 

irregularly shaped lands to qualify for 

the Tribal Priority. 

The modifications to the 

Commission’s allotment and assignment 

policies adopted in the Second R&O 

include a rebuttable ‘‘Urbanized Area 

service presumption’’ under Priority (3), 

whereby an application to locate or 

relocate a station as the first local 

transmission service at a community 

located within an Urbanized Area, that 

would place a daytime principal 

community signal over 50 percent or 

more of an Urbanized Area, or that 

could be modified to provide such 

coverage, will be presumed to be a 

proposal to serve the Urbanized Area 

rather than the proposed community. In 

the case of an AM station, the 

determination of whether a proposed 

facility ‘‘could be modified’’ to cover 50 

percent or more of an Urbanized Area 

will be made based on the applicant’s 

certification in the Section 307(b) 

showing that there could be no rulecompliant minor modifications to the 

proposal, based on the antenna 

configuration or site, and spectrum 

availability as of the filing date, that 

could cause the station to place a 

principal community contour over 50 

percent or more of an Urbanized Area. 

To the extent the applicant wishes to 

rebut the Urbanized Area service 

presumption, the Section 307(b) 

showing must include a compelling 

showing (a) that the proposed 

community is truly independent from 

the Urbanized Area; (b) of the 

community’s specific need for an outlet 

of local expression separate from the 

Urbanized Area; and (c) the ability of 

the proposed station to provide that 

outlet. 

In the case of applicants for new AM 

stations making a showing under 

Priority (4), other public interest 

matters, an applicant that can 

demonstrate that its proposed station 

would provide third, fourth, or fifth 

reception service to at least 25 percent 

of the population in the proposed 

primary service area, where the 

proposed community of license has two 

or fewer transmission services, may 

receive a dispositive Section 307(b) 

preference under Priority (4). An 

applicant for a new AM station that 

cannot demonstrate that it would 

provide the third, fourth, or fifth 

reception service to the required 

population at a community with two or 

fewer transmission services may also, 

under Priority (4), calculate a ‘‘service 

value index’’ as set forth in the case of 

Greenup, Kentucky and Athens, Ohio, 

Report and Order, 2 FCC Rcd 4319 

(MMB 1987). If the applicant can 

demonstrate a 30 percent or greater 

difference in service value index 

between its proposal and the next 

highest ranking proposal, it can receive 

a dispositive Section 307(b) preference 

under Priority (4). Except under these 

circumstances, dispositive Section 

307(b) preferences will not be granted 

under Priority (4) to applicants for new 

AM stations. The Commission 

specifically stated that these modified 

allotment and assignment procedures 

will not apply to pending applications 

for new AM stations and major 

modifications to AM facilities filed 

during the 2004 AM Auction 84 filing 

window. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2011–6598 Filed 3–21–11; 8:45 am] 

BILLING CODE 6712–01–P 


srobinson on DSKHWCL6B1PROD with NOTICES