[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46382-46384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21518]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket No. 07-172; FCC 09-59].


Amendment of Service and Eligibility Rules for FM Broadcast 
Translator Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective 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 47 CFR 74.1284, 
FCC Form 303-S and FCC Form 345. Therefore, this rule and forms will 
take effect on October 1, 2009. On September 1, 2009, the Commission 
published the summary document of the Report and Order, In the Matter 
of the Amendment of Service and Eligibility Rules for FM Broadcast 
Translator Stations, MB Docket No. 07-172, FCC 09-59, at 74 FR 45126. 
The Ordering Clause of the Report and Order stated that the Commission 
would publish a notice in the Federal Register announcing when OMB 
approval for Section 74.1284 and information collection requirements 
(revisions to FCC Form 303-S and 345) have been received and when the 
revised rule and requirements will take effect. This notice is 
consistent with the statement in the Report and Order.
    FCC Form 349 has not received OMB approval to date. The Commission 
will publish a notice in the Federal Register announcing when OMB 
approval has been received.

DATES: The amendments to 47 CFR 74.1284, published September 1, 2009 
(74 FR 45130) are effective on October 1, 2009.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, <a href="/cdn-cgi/l/email-protection#670406130f1e49100e0b0b0e060a142701040449000811"><span class="__cf_email__" data-cfemail="99faf8edf1e0b7eef0f5f5f0f8f4ead9fffafab7fef6ef">[email protected]</span></a> 
or on (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on September 
1, 2009, OMB approved, for a period of three years, the information 
collection requirement(s) contained in Section 74.1284 of the rules and 
revisions to FCC Forms 303-S and 345. The Commission publishes this 
notice to announce the effective date of this rule and requirements. If 
you have any comments on the burden estimates listed below, 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, 3060-0075 (Form 345), 3060-0110 
(Form 303-S) and 3060-0250 (Section 74.1284) in your correspondence. 
The Commission will also accept your comments via the Internet if you 
send them to <a href="/cdn-cgi/l/email-protection#673735262701040449000811"><span class="__cf_email__" data-cfemail="84d4d6c5c4e2e7e7aae3ebf2">[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#b5d3d6d6808581f5d3d6d69bd2dac3"><span class="__cf_email__" data-cfemail="97f1f4f4a2a7a3d7f1f4f4b9f0f8e1">[email protected]</span></a> or call the Consumer & Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
    SYNOPSIS
    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 September 1, 2009, for the information collection 
requirement(s) contained in the Commission's rules at 47 CFR 74.1284 
and revisions to FCC Forms 303-S and 345.
    Under 5 CFR 1320, an agency may not conduct or sponsor a collection 
of information unless it displays a current, valid OMB Control Number.

[[Page 46383]]

    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 3060-0075, 3060-0110 and 3060-0250 and 
the total annual reporting burdens for respondents for these 
information collections are as follows:
    OMB Control Number: 3060-0075.
    OMB Approval Date: September 1, 2009.
    Expiration Date: August 31, 2012.
    Title: Application for Transfer of Control of a Corporate Licensee 
or Permittee or Assignment of License or Permit for an FM or TV 
Translator Station or a Low Power Television Station, FCC Form 345.
    Form Number: FCC Form 345.
    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: 1,700 respondents; 2,700 
responses.
    Estimated Time per Response: 0.084 -1.25 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 2,667 hours.
    Total Annual Costs: $2,678,025.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Sections 154(i) and 310 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On June 29, 2009, the Commission adopted a Report 
and Order, Amendment of Service and Eligibility Rules for FM Broadcast 
Translator Stations, MB Docket No. 07-172, FCC 09-59. In the Report and 
Order, the Commission adopted changes to the FM translator rules that 
would allow AM stations to use authorized FM translator stations to 
rebroadcast the AM signal locally, retransmitting their AM programming 
as a ''fill-in'' service. The adopted cross-service translating rules 
limit FM translators to providing ''fill-in'' service only, 
specifically within the AM primary station's authorized service area. 
In addition, the Commission limited the cross-service rule changes to 
''currently authorized FM translators,'' that is, those translators 
with licenses or permit in effect as of May 1, 2009.
    Consistent with actions taken by the Commission in the Report and 
Order, the following changes are made to Form 345: Section III of Form 
345 includes a new certification concerning compliance with the AM 
station ''fill-in'' service requirements. Specifically, in the AM 
service, applicants certify that the coverage contour of the FM 
translator station is contained within the lesser of: (a) The 2 mV/m 
daytime contour of the AM primary station being rebroadcast, or (b) a 
25-mile radius centered at the AM station's transmitter site. The 
instructions for Section III have been revised to assist applicants 
with completing the new question.
    Filing of the FCC Form 345 is required when applying for authority 
for the assignment of license or permit, or for consent to transfer of 
control of a corporate licensee or permittee for an FM or TV translator 
station, or low power TV station.
    OMB Control Number: 3060-0110.
    OMB Approval Date: September 1, 2009.
    Expiration Date: August 31, 2012.
    Title: Application for Renewal of Broadcast Station License, FCC 
Form 303-S.
    Form Number: FCC Form 303-S.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; not-for-profit 
institutions.
    Number of Respondents and Responses: 3,884 respondents; 3,884 
responses.
    Estimated Time per Response: 1 - 11.83 hours.
    Frequency of Response: Every eight year reporting requirement; 
Third party disclosure requirement.
    Total Annual Burden: 7,727 hours.
    Total Annual Costs: $2,148,549.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
154(i), 303, 307 and 308 of the Communications Act of 1934, as amended, 
and Section 204 of the Telecommunications Act of 1996.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On June 29, 2009, the Commission adopted a Report 
and Order, Amendment of Service and Eligibility Rules for FM Broadcast 
Translator Stations, MB Docket No. 07-172, FCC 09-59. In the Report and 
Order, the Commission adopted changes to the FM translator rules that 
would allow AM stations to use authorized FM translator stations to 
rebroadcast the AM signal locally, retransmitting their AM programming 
as a ''fill-in'' service. The adopted cross-service translating rules 
limit FM translators to providing ''fill-in'' service only, 
specifically within the AM primary station's authorized service area. 
In addition, the Commission limited the cross-service rule changes to 
''currently authorized FM translators,'' that is, those translators 
with licenses or permit in effect as of May 1, 2009.
    Consistent with actions taken by the Commission in the Report and 
Order, the following changes are made to Form 303-S: Section V of Form 
303-S, to be completed by FM and TV Translator and Low Power TV 
licensees only, includes a new certification concerning compliance with 
the AM station ''fill-in'' service requirements. Specifically, in the 
AM service, applicants certify that the coverage contour of the FM 
translator station is contained within the lesser of: (a) The 2 mV/m 
daytime contour of the AM primary station being rebroadcast, or (b) a 
25-mile radius centered at the AM station's transmitter site. The 
instructions for Section V have been revised to assist applicants with 
completing the new question.
    FCC Form 303-S is used in applying for renewal of license for a 
commercial or noncommercial AM, FM or TV broadcast station and FM 
translator, TV translator or Low Power TV, and Low Power FM broadcast 
stations. It can also be used in seeking the joint renewal of licenses 
for an FM or TV translator station and its co-owned primary FM, AM, TV, 
or LPTV station.
    OMB Control Number: 3060-0250.
    OMB Approval Date: September 1, 2009.
    Expiration Date: August 31, 2012.
    Title: Sections 73.1207, 74.784 and 74.1284, Rebroadcasts.
    Form Number: Not applicable.
    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: 6,462 respondents; 11,012 
responses.
    Estimated Time per Response: 0.50 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirement; semi-annual reporting requirement; third party 
disclosure requirement.
    Total Annual Burden: 5,506 hours.
    Total Annual Costs: None.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Sections 154(i) and

[[Page 46384]]

325(a) of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On June 29, 2009, the Commission adopted a Report 
and Order, Amendment of Service and Eligibility Rules for FM Broadcast 
Translator Stations, MB Docket No. 07-172, FCC 09-59. In the Report and 
Order, the Commission adopted several rule changes that would allow AM 
stations to use FM translator stations to rebroadcast the AM signal. 
Therefore, 47 CFR 74.1284 is one of the rules that was changed as a 
result of the Commission adopting FCC 09-59. 47 CFR 74.1284 requires 
that the licensee of an FM translator station obtain prior consent to 
rebroadcast programs of any broadcast station or other FM translator. 
The licensee of the FM translator station must notify the Commission of 
the call letters of each station rebroadcast and must certify that 
written consent has been received from the licensee of that station.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-21518 Filed 9-8-09; 8:45 am]
BILLING CODE 6712-01-S


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