[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Notices]
[Pages 6663-6666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2906]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collections Being Reviewed by the 
Federal Communications Commission, Comments Requested

02/04/2010.
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, 44 U.S.C. 3501-3520. 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; (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 burden for 
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 valid control number.

DATES: Persons wishing to comment on this information collection should 
submit comments by April 12, 2010. 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 PRA comments to Nicholas A. Fraser, Office of 
Management and Budget (OMB), via fax at (202) 395-5167, or via e-mail 
at <a href="/cdn-cgi/l/email-protection#26684f454e494a47557967087960544755435466494b440843495608414950"><span class="__cf_email__" data-cfemail="cc82a5afa4a3a0adbf938de2938abeadbfa9be8ca3a1aee2a9a3bce2aba3ba">[email protected]</span></a> and to Cathy Williams, Federal 
Communications Commission (FCC), via e-mail at <a href="/cdn-cgi/l/email-protection#e2b2b0a3a2848181cc858d94"><span class="__cf_email__" data-cfemail="b9e9ebf8f9dfdada97ded6cf">[email protected]</span></a> and to 
<a href="/cdn-cgi/l/email-protection#155674617d6c3b427c79797c747866557376763b727a63"><span class="__cf_email__" data-cfemail="6122001509184f36080d0d08000c12210702024f060e17">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection(s) send an e-mail to <a href="/cdn-cgi/l/email-protection#ebbbb9aaab8d8888c58c849d"><span class="__cf_email__" data-cfemail="4c1c1e0d0c2a2f2f622b233a">[email protected]</span></a> or contact 
Cathy Williams on (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0837.
    Title: Application for DTV Broadcast Station License.
    Form Number: FCC Form 302-DTV.
    Type of Review: Reinstatement without change of a previously 
approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents and Responses: 300 respondents and 300 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i), 303 and 308 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 600 hours.
    Total Annual Costs: $133,800.
    Privacy Impact Assessment(s): No impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to

[[Page 6664]]

submit confidential information to the Commission.
    Needs and Uses: The Commission is requesting reinstatement of OMB 
control number 3060-0837. In 2008, we merged the requirements that were 
previously under this OMB control number into an existing information 
collection OMB control number 3060-0029, Application for TV Broadcast 
Station License, FCC Form 302-TV. Although the requirements were merged 
under the supporting statement, the forms themselves remained separate 
and only shared the same OMB control number. Since that time, we find 
the merging of these requirements under one OMB control number as 
ineffective causing delays for submission to OMB for review especially 
when the various requirements were revised by multiple Commission 
actions.
    Form 302-DTV is used by licensees and permittees of Digital TV 
(``DTV'') broadcast stations to obtain a new or modified station 
license and/or to notify the Commission of certain changes in the 
licensed facilities of those stations. It may be used: (1) To cover an 
authorized construction permit (or auxiliary antenna), provided that 
the facilities have been constructed in compliance with the provisions 
and conditions specified on the construction permit; or (2) To 
implement modifications to existing licenses as permitted by 47 C.F.R. 
Sections 73.1675(c) or 73.1690(c).
    OMB Control Number: 3060-0405.
    Title: Application for Authority to Construct or Make Changes in an 
FM Translator or FM Booster Station.
    Form Number: FCC Form 349.
    Type of Review: Reinstatement without change of a previously 
approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents and Responses: 1,200 respondents and 1,200 
responses.
    Estimated Time per Response: 1 to 1.5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i), 303 and 308 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 4,500 hours.
    Total Annual Costs: $4,598,100.00.
    Privacy Impact Assessment(s): No impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: The Commission is requesting reinstatement of OMB 
control number 3060-0405. In 2008, we merged the requirements that were 
previously under this OMB control number into an existing information 
collection, OMB control number 3060-0029, Application for TV Broadcast 
Station License, FCC Form 302-TV. Although the requirements were merged 
under the supporting statement, the forms themselves remained separate 
and only shared the same OMB control number. Since that time, we find 
that the merging of these requirements under one OMB control number is 
ineffective, causing delays in submissions to OMB for review, 
especially when the various requirements were revised by multiple and 
simultaneously adopted Commission actions.
    FCC Form 349 is used to apply for authority to construct a new FM 
translator or FM booster broadcast station, or to make changes in the 
existing facilities of such stations.
    Form 349's Newspaper Notice (third party disclosure) requirement; 
47 CFR Sec.  73.3580. Form 349 also contains a third party disclosure 
requirement, pursuant to Section 73.3580. This rule requires stations 
applying for a new broadcast station, or to make major changes to an 
existing station, to give local public notice of this filing in a 
newspaper of general circulation in the community in which the station 
is located. This local public 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. In 
addition, a copy of this notice must be placed in the station's public 
inspection file along with the application, pursuant to Section 
73.3527. This recordkeeping information collection requirement is 
contained in OMB Control No. 3060-0214, which covers Section 73.3527.
    OMB Control Number: 3060-0029.
    Title: Application for Construction Permit for Reserved Channel 
Noncommercial Educational Broadcast Station.
    Form Number: FCC Form 340.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents and Responses: 2,710 respondents and 2,710 
responses.
    Estimated Time per Response: 2 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i), 303 and 308 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 6,700 hours.
    Total Annual Costs: $27,894,950.00.
    Privacy Impact Assessment(s): No impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: On April 7, 2009, the Commission adopted a Notice 
of Proposed Rule Making in the Matter of Policies to Promote Rural 
Radio Service and to Streamline Allotment and Assignment Procedures, MB 
Docket No. 09-52, FCC 09-30, 24 FCC Rcd 5239 (2009). 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. 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 (with the 
Tribes or entities occupying tribal lands that are covered by at least 
50 percent of the daytime principal community contour of the proposed 
facility); (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 tribal-owned noncommercial educational 
transmission service at the proposed community of license. The proposed 
Tribal Priority would apply, if applicable, before the fair 
distribution analysis currently used by noncommercial educational 
applicants. The Tribal Priority does not prevail over an applicant 
proposing first overall

[[Page 6665]]

reception service to a significant population.
    FCC Form 340 and its instructions are being revised to accommodate 
those applicants qualifying for the new Tribal Priority. Specifically, 
we are adding 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 have been revised to assist applicants 
with completing the new questions and preparing the exhibit.
    Also, the Commission is removing FCC Form 302-DTV, Application for 
Digital Television Broadcast Station License, and FCC Form 349, 
Application for Authority to Construct or Make Changes in an FM 
Translator or FM Booster Station, from this information collection to 
allow the Commission to more effectively mange the information 
collections. FCC Form 302-DTV will have its previous OMB control number 
reinstated (3060-0837) and FCC Form 349 will have its previous OMB 
control number reinstated as well (3060-0405).
    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    Form Number: FCC Form 301.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents and Responses: 4,453 respondents and 7,889 
responses.
    Estimated Time per Response: 3 to 6.25 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i), 303 and 308 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 19,561 hours.
    Total Annual Costs: $85,096,314.00.
    Privacy Impact Assessment(s): No impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: On January 28, 2010, the Commission adopted a First 
Report and Order and Further Notice of Proposed Rulemaking (the 
``Order'') in MB Docket No. 09-52, FCC 10-24. The Order adopts 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) of the Communications Act of 1934, as 
amended (the ``Act''). With regard to AM application processing, the 
Commission adopted a proposal to explicitly prohibit the downgrading of 
proposed AM facilities that receive a dispositive preference under 
Section 307(b) of the Act and thus are not awarded through competitive 
bidding. Specifically, an AM applicant that receives a dispositive 
preference under Section 307(b) will not be allowed to later modify 
that proposal to serve a smaller population or otherwise negate the 
factors that led to the award of the preference. The Commission imposed 
these restrictions for a period of four years of on-air operations. 
These procedural safeguards are necessary to protect the integrity of 
our Section 307(b) analyses.
    Consistent with actions taken by the Commission in the Order, FCC 
Form 301 has been revised to add questions, specifically asking the 
applicants to certify that the construction permit application complies 
with the four year service requirements. The instructions for FCC Form 
301 have been revised to assist applicants with completing the new 
questions.

    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 for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents and Responses: 160 respondents and 160 
responses.
    Estimated Time per Response: 0.5 to 3 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i), 307(b) and 309 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 375 hours.
    Total Annual Costs: $71,200.00.
    Privacy Impact Assessment(s): No impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: On January 28, 2010, the Commission adopted a First 
Report and Order and Further Notice of Proposed Rulemaking (the 
``Order'') in MB Docket No. 09-52, FCC 10-24. The Order adopts 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 Order, 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. 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 daytime principal community 
contour of the proposed facilities will cover 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. The 
Commission will dismiss, without further processing, the previously 
filed AM auction filing window application and technical proposal of 
any applicant that fails to file an amendment addressing the Section 
307(b) criteria, where required. Mutually exclusive AM applicants may 
not use this as an opportunity to change the technical proposal 
specified in the AM auction filing window application. The Section 
307(b) amendment must be based on the technical proposal as specified 
in the AM auction filing window application.
    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License, FCC Form 314; Application for Consent 
to Transfer Control of Entity Holding Broadcast Station Construction 
Permit or License, FCC Form 315; Section 73.3580, Local Public Notice 
of Filing of Broadcast Applications.

[[Page 6666]]

    Form Number: FCC Forms 314 and 315.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents and Responses: 4,820 respondents and 12,520 
responses.
    Estimated Time per Response: 2 to 6 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i), 303(b) and 308 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 18,443 hours
    Total Annual Costs: $36,168,450.00
    Privacy Impact Assessment(s): No impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: On January 28, 2010, the Commission adopted a First 
Report and Order and Further Notice of Proposed Rulemaking (the 
``Order'') in MB Docket No. 09-52; FCC 10-24. The Order adopts rule 
changes designed to streamline and clarify certain procedures 
associated with the award of broadcast radio construction permits by 
competitive bidding. In the Order, the Commission also adopted a 
priority under Section 307(b) of the Communications Act of 1934, as 
amended, to assist federally recognized Native American Tribes and 
Alaska Native Villages (``Tribes''), enrolled members of Tribes, and 
entities primarily owned or controlled by Tribes or enrolled members of 
Tribes, in obtaining broadcast radio construction permits designed 
primarily to serve tribal lands (the ``Tribal Priority''). Applicants 
affiliated with Tribes who meet certain conditions regarding tribal 
membership and signal coverage qualify for the Tribal Priority, which 
in most cases will enable the qualifying applicants to obtain 
construction permits without proceeding to competitive bidding, in the 
case of commercial stations, or to point system evaluation, in the case 
of noncommercial educational (``NCE'') stations. Once a permit is 
obtained, it cannot be assigned or transferred to another person or 
entity for a period beginning with issuance of the construction permit 
until the station has completed four years of on-air operations, unless 
the assignee or transferee also qualifies for the Tribal Priority.
    Consistent with actions taken by the Commission in the Order, the 
following changes are made to Forms 314 and 315: Section I of each form 
includes a new question asking applicants to indicate whether any of 
the authorizations involved in the transaction were obtained (or, in 
the case of non-reserved band commercial FM stations) the allotment for 
the station was obtained through the Tribal Priority. The instructions 
for Section I of Forms 314 and 315 have been revised to assist 
applicants with completing the new questions.
    OMB Control Number: 3060-0009.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License or Transfer of Control of Corporation 
Holding Broadcast Station Construction Permit or License.
    Form Number: FCC Form 316.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents and Responses: 750 respondents and 750 
responses.
    Estimated Time per Response: 1.5 to 4.5 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i) and 310(d) of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 1,231 hours
    Total Annual Costs: $711,150.00
    Privacy Impact Assessment(s): No impacts.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality and respondents are not being asked to submit 
confidential information to the Commission.
    Needs and Uses: On January 28, 2010, the Commission adopted a First 
Report and Order and Further Notice of Proposed Rulemaking (the 
``Order'') in MB Docket No. 09-52, FCC 10-24. The Order adopts rule 
changes designed to streamline and clarify certain procedures 
associated with the award of broadcast radio construction permits by 
competitive bidding. To prevent unjust enrichment by parties that 
acquire broadcast construction permits through the use of a bidding 
credit in an auction, Section 73.5007(c) of the Rules requires 
reimbursement to the Commission of all or part of the bidding credit 
upon a subsequent assignment or transfer of control, if the proposed 
assignee or transferee is not eligible for the same percentage of 
bidding credit. The rule is routinely applied to ``long form'' 
assignment or transfer applications filed on FCC Forms 314 and 315. In 
the Order, the Commission also sought to clarify that the unjust 
enrichment payments to the government must be made even when an 
assignment or transfer is pro forma in nature and therefore filed on 
FCC Form 316. This ensures that applicants do not use the summary pro 
forma assignment and transfer procedures to circumvent the unjust 
enrichment requirements.
     Consistent with actions taken by the Commission in the Order, FCC 
Form 316 has been revised to add the broadcast auction-based questions 
presently included on FCC Forms 314 and 315, specifically asking the 
applicants to certify that the proposed assignment or transfer complies 
with the unjust enrichment provisions of the Commission's competitive 
bidding rules. The instructions for FCC Form 316 have been revised to 
assist applicants with completing the new questions.

Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-2906 Filed 2-9-10; 8:45 am]
BILLING CODE 6712-01-S


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