[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Rules and Regulations]
[Pages 73976-73979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29671]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 09-52; FCC 10-24]


Policies To Promote Rural Radio Service and To Streamline 
Allotment and Assignment Procedures

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of compliance date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection requirements associated with the 
Commission's rules and FCC Forms 301, 314, 315, 316 and 340. These 
rules and form changes were approved on May 27, 2010 and June 4, 2010 
and the compliance date will be November 30, 2010.

DATES: The compliance date for Sec. Sec.  73.3571(k), 73.7000, 
73.7002(b), and 73.7002(c) and FCC Forms 301, 314, 315, 316 and 340 
published at 75 FR 9797, March 4, 2010 is November 30, 2010.

FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418-2918 or 
send an e-mail to: <a href="/cdn-cgi/l/email-protection#b4f7d5c0dccd9ae3ddd8d8ddd5d9c7f4d2d7d79ad3dbc2"><span class="__cf_email__" data-cfemail="6e2d0f1a06174039070202070f031d2e080d0d40090118">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: As required by the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3507), the Commission is notifying the public that 
it received OMB approval on May 27, 2010, and June 4, 2010, for a 
period of three years, for the information collection requirements 
contained in Sections 73.3571(k), 73.7000, 73.7002(b), and 73.7002(c) 
of the Commission's rules and FCC Forms 301, 314, 315, 316 and 340 and 
that the compliance date for these rules and forms published at 75 FR 
9797, March 4, 2010, is November 30, 2010. If you have any comments on 
the burden estimates, or how the Commission can improve the collections 
and reduce any burdens caused thereby, please contact Cathy Williams, 
Federal Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC 20554. Please include OMB Control Numbers 3060-0029, 
3060-0027, 3060-0996, 3060-0031 and/or 3060-0009 in your 
correspondence. The Commission also will accept your comments via the 
Internet if you send them to <a href="/cdn-cgi/l/email-protection#e1b1b3a0a1878282cf868e97"><span class="__cf_email__" data-cfemail="4b1b190a0b2d2828652c243d">[email protected]</span></a>. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection#ff999c9ccacfcbbf999c9cd1989089"><span class="__cf_email__" data-cfemail="bbddd8d88e8b8ffbddd8d895dcd4cd">[email protected]</span></a> or 
call the Consumer & Governmental Affairs Bureau at (202)418-0530 
(voice), (202) 418-0432 (TTY).
    Under 5 CFR 1320, an agency may not conduct or sponsor a collection 
of information unless it displays a current, valid OMB 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 
that does not display a valid OMB Control Number. The OMB Control 
Numbers are 3060-0027, 3060-0029, 3060-0996, 3060-0031 and 3060-0009 
and the total annual reporting burdens and costs for respondents are as 
follows:
    OMB Control Number: 3060-0029.
    OMB Approval Date: June 4, 2010.
    Expiration Date: June 30, 2013.
    Title: Application for Construction Permit for Reserved Channel 
Noncommercial Educational Broadcast Station.
    Form Number: FCC Form 340.
    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

[[Page 73977]]

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.
    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 (the ``Order''), MB Docket No. 09-52, FCC 10-24, 
25 FCC Rcd 1583 (2010). In the 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 of which is 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 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 removed 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 manage the information collections.

    OMB Control Number: 3060-0027.
    OMB Approval Date: June 4, 2010.
    Expiration Date: June 30, 2013.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    Form Number: FCC Form 301.
    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.
    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, 25 FCC Rcd 1583 (2010). 
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 applicant 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.
    OMB Approval Date: May 27, 2010.
    Expiration Date: May 31, 2013.
    Title: AM Auction Section 307(b) Submissions.
    Form Number: N/A.
    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.
    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, 25 FCC Rcd 1583 (2010). 
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

[[Page 73978]]

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) showing must be based on the technical proposal as specified in 
the AM auction filing window application.

    OMB Control Number: 3060-0031.
    OMB Approval Date: May 27, 2010.
    Expiration Date: May 31, 2013.
    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.
    Form Number: FCC Forms 314 and 315.
    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.
    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, 25 FCC Rcd 1583 (2010). 
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.
    OMB Approval Date: May 27, 2010.
    Expiration Date: May 31, 2013.
    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.
    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.
    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, 25 FCC Rcd 1583 (2010). 
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

[[Page 73979]]

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.
Gloria Miles,
Federal Register Liaison.
[FR Doc. 2010-29671 Filed 11-29-10; 8:45 am]
BILLING CODE 6712-01-P


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