[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Notices]
[Pages 59227-59229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22227]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection(s) Requirement Submitted to OMB for 
Emergency Review and Approval

September 28, 2004
SUMMARY: The Federal Communications Commission, as part of its 
continuing

[[Page 59228]]

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, Public Law 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.

DATES:  Written comments should be submitted on or before November 3, 
2004. 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 contacts listed below as soon as possible.

ADDRESSES:  Direct all comments to Kristy L. LaLonde, Office of 
Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, 
(202) 395-3087 or via the Internet at <a href="/cdn-cgi/l/email-protection#c08bb2a9b3b4b99f8cee9f8ca18cafaea4a580afada2eea5afb0eea7afb6"><span class="__cf_email__" data-cfemail="4e053c273d3a3711026011022f0221202a2b0e21232c602b213e60292138">[email protected]</span></a>, 
and Les Smith, Federal Communications Commission, Room 1-A804, 445 12th 
Street, SW., Washington, DC 20554 or via Internet to 
<a href="/cdn-cgi/l/email-protection#470b22342b2e2269142a2e332f0721242469202831"><span class="__cf_email__" data-cfemail="a8e4cddbc4c1cd86fbc5c1dcc0e8cecbcb86cfc7de">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT:  For additional information or copies 
of the information collections contact Les Smith at (202) 418-0217 or 
via Internet at <a href="/cdn-cgi/l/email-protection#82cee7f1eeebe7acd1efebf6eac2e4e1e1ace5edf4"><span class="__cf_email__" data-cfemail="44082137282d216a17292d302c042227276a232b32">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:  The Commission has requested approval of 
these two information collections under the emergency processing 
provisions of the PRA by September 28, 2004.
    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301.
    Form Number: FCC 301.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 3,247.
    Estimated Hours per Response: 2 to 4 hours.
    Frequency of Response: On occasion requirements; Third party 
disclosure.
    Total Annual Burden: 8,380 hours.
    Total Annual Cost: $44,630,924.00.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 301 is used to apply for authority to 
construct a new commercial AM, FM, or TV broadcast station, or to make 
changes in existing facilities of such a station. In addition, FM 
licensees or permittees may request, by application on FCC Form 301, 
upgrades on adjacent and co-channels, modifications to adjacent 
channels of the same class and downgrades to adjacent channels without 
first submitting a petition for rulemaking. All applicants using this 
one-step process must demonstrate that a suitable site exists which 
would comply with allotment standards with respect to minimum distance 
separation and city-grade coverage and which would be suitable for 
tower construction. To receive authorization for commencement of 
Digital Television (``DTV'') operation, commercial broadcast licensees 
must file FCC Form 301 for a construction permit. This application may 
be filed anytime after receiving the initial DTV allotment but must be 
filed before mid-point in a particular applicant's required 
construction period. The Commission will consider these applications as 
minor changes in facilities. Applications will not have to supply full 
legal or financial qualification information.
    On June 24, 2004, the U. S. Court of Appeals for the Third Circuit 
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in 
which it upheld certain aspects of the new Commission's ownership rules 
adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)), specifically 
those dealing with local radio ownership, while requiring further 
explanation for all other aspects of the new rules. The Court stated 
that its prior stay of all the new rules would remain in effect pending 
the outcome of the remand proceeding. The Commission filed a petition 
for rehearing requesting that the Court lift the stay partially--i.e., 
with respect to the radio ownership rules which the Court's Remand 
Order upheld. In the Rehearing Order, the Court granted the petition, 
thus partially lifting the stay. As a result of the Rehearing Order, 
the new radio ownership rules took effect September 3, 2004.

    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License, FCC Form 314.
    Form Number: FCC 314.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities and Not-for-
profit institutions.
    Number of Respondents: 2,225.
    Estimated Hours per Response: 1--2 hours.
    Frequency of Response: On occasion reporting requirement, Third 
party disclosure.
    Total Annual Burden: 3,990 hours.
    Total Annual Cost: $16,017,631.25.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 314 and applicable exhibits/explanations 
are required to be filed when applying for consent for assignment of an 
AM, FM, or TV broadcast station construction permit or license. In 
addition, the applicant must notify the Commission when an approved 
assignment of a broadcast station construction permit or license has 
been consummated.
    This collection also includes the third party disclosure 
requirement of 47 CFR 73.3580. This section requires local public 
notice in a newspaper of general circulation of the filing of all 
applications for assignment of license/permit. This notice must be 
completed within 30 days of the tendering of the application. This 
notice must be published at least twice a week for two consecutive 
weeks in a three-week period. A copy of this notice must be placed in 
the public inspection file along with the application. Additionally, an 
applicant for assignment of license must broadcast the same notice over 
the station at least once daily on four days in the second week 
immediately following the tendering for filing of the application.
    On June 24, 2004, the U.S. Court of Appeals for the Third Circuit 
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in 
which it upheld certain aspects of the new Commission's ownership rules 
adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)), specifically 
those dealing with local radio ownership, while requiring further 
explanation for all other aspects of the new rules. The Court stated 
that its prior stay of all the new rules would remain in effect pending 
the outcome of the remand proceeding. The Commission filed a petition 
for rehearing requesting that the Court lift the stay partially--i.e., 
with respect to the radio ownership rules which the Court's Remand 
Order upheld. In the Rehearing Order, the Court granted the petition, 
thus partially lifting the stay.

[[Page 59229]]

As a result of the Rehearing Order, the new radio ownership rules took 
effect September 3, 2004.

    OMB Control Number: 3060-0032.
    Title: Application for Consent to Transfer Control of Entity 
Holding Broadcast Station Construction Permit or License, FCC Form 315.
    Form Number: FCC 315.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities and Not-for-
profit institutions.
    Number of Respondents: 2,225.
    Estimated Time per Response: 1-2 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure.
    Total Annual Burden: 3,990 hours.
    Total Annual Cost: $16,017,631.25.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 315 and applicable exhibits/explanations 
are required to be filed when applying for transfer of control of a 
corporation holding an AM, FM, or TV broadcast station construction 
permit or license. In addition, the applicant must notify the 
Commission when an approved transfer of control of a broadcast station 
construction permit or license has been consummated.
    This collection also includes the third party disclosure 
requirement of 47 CFR 73.3580. This section requires local public 
notice in a newspaper of general circulation of the filing of all 
applications for transfer of control of license/permit. This notice 
must be completed within 30 days of the tendering of the application. 
This notice must be published at least twice a week for two consecutive 
weeks in a three-week period. A copy of this notice must be placed in 
the public inspection file along with the application. Additionally, an 
applicant for transfer of control of license must broadcast the same 
notice over the station at least once daily on four days in the second 
week immediately following the tendering for filing of the application.
    On June 24, 2004, the U. S. Court of Appeals for the Third Circuit 
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in 
which it upheld certain aspects of the new Commission's ownership rules 
adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)), specifically 
those dealing with local radio ownership, while requiring further 
explanation for all other aspects of the new rules. The Court stated 
that its prior stay of all the new rules would remain in effect pending 
the outcome of the remand proceeding. The Commission filed a petition 
for rehearing requesting that the Court lift the stay partially--i.e., 
with respect to the radio ownership rules which the Court's Remand 
Order upheld. In the Rehearing Order, the Court granted the petition, 
thus partially lifting the stay. As a result of the Rehearing Order, 
the new radio ownership rules took effect September 3, 2004.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-22227 Filed 10-1-04; 8:45 am]
BILLING CODE 6712-01-P


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