[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50616-50618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19886]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Approved by the Office 
of Management and Budget

August 20, 2008.
SUMMARY: The Federal Communications Commission has received Office of 
Management and Budget (OMB) approval for the following public 
information collection(s) pursuant to 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 OMB 
control number, and no person is required to respond to a collection of 
information unless it displays a currently valid OMB control number. 
Comments concerning the accuracy of the burden estimate(s) and any 
suggestions for reducing the burden should be directed to the person 
listed in the ``FOR FURTHER INFORMATION CONTACT'' section below.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Cathy Williams, Performance and Evaluation Records Management Division, 
Office of the Managing Director, at (202) 418-2918 or at 
<a href="/cdn-cgi/l/email-protection#c487a5b0acbdea93ada8a8ada5a9b784a2a7a7eaa3abb2"><span class="__cf_email__" data-cfemail="9fdcfeebf7e6b1c8f6f3f3f6fef2ecdff9fcfcb1f8f0e9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0027.
    OMB Approval Date: August 8, 2008.
    Expiration Date: August 31, 2011.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    Form Number: FCC Form 301.
    Estimated Annual Burden: 4,278 responses; 2-5 hours per response; 
11,072 hours total per year.
    Annual Cost Burden: $51,802,197.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
154(i), 303

[[Page 50617]]

and 308 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: On December 18, 2007, the Commission adopted a 
Report and Order and Order on Reconsideration (``Quadrennial Order'') 
in its 2006 Quadrennial Regulatory Review of the Commission's Broadcast 
Ownership Rules pursuant to Section 202 of the Telecommunications Act 
of 1996, MB Docket No. 06-121, FCC 07-216. Section 202 requires the 
Commission to review its broadcast ownership rules every four years and 
determine whether any of such rules are necessary in the public 
interest. Further, Section 202 requires the Commission to repeal or 
modify any regulation it determines to be no longer in the public 
interest.
    FCC Form 301 and the applicable exhibits/explanations are required 
to be filed when applying for authority to construct a new commercial 
AM, FM, or TV broadcast station or to make changes in the existing 
facilities of such a station. The instructions and a worksheet included 
with Form 301 have been revised to reflect the changes to the daily 
newspaper cross-ownership rule, 47 CFR 73.3555(d) that the Commission 
adopted in the Quadrennial Order. The rule change to section 73.3555(d) 
of the Commission's rules was published in the Federal Register on 
February 21, 2008 (73 FR 9481) and became effective on July 9, 2008 (73 
FR 39269).
    The instructions for Section II (Legal Information) to Form 301 
have been revised to include a reference to the Quadrennial Order as a 
source of information regarding the Commission's multiple ownership 
rules and attribution rules in order for applicants to determine 
relevant parties to the application. Worksheet <greek-i>2, Section 
A.IV. (Cross Ownership) and Section B (Family Relationships), which 
applicants use to respond to Section II, Item 4 (Multiple Ownership) of 
Form 301, have been revised to incorporate the new newspaper/broadcast 
cross-ownership rule, 47 CFR 73.3555(d) and the revised definition of a 
```Daily Newspaper,'' Note 6 to 47 CFR 73.3555, that the Commission 
adopted in the Quadrennial Order. An applicant uses Worksheet 
<greek-i>2 to determine the circumstances under which an entity may own 
a daily newspaper and a broadcast station in the same local market.
    47 CFR 73.3555(d) (daily newspaper cross-ownership rule) states:
    (1) No license for an AM, FM or TV broadcast station shall be 
granted to any party (including all parties under common control) if 
such party directly or indirectly owns, operates or controls a daily 
newspaper and the grant of such license will result in: (i) The 
predicted or measured 2 mV/m contour of an AM station, computed in 
accordance with Sec. 73.183 or Sec. 73.186, encompassing the entire 
community in which such newspaper is published; or (ii) The predicted 1 
mV/m contour for an FM station, computed in accordance with Sec. 
73.313, encompassing the entire community in which such newspaper is 
published; or (iii) The Grade A contour of a TV station, computed in 
accordance with Sec. 73.684, encompassing the entire community in which 
such newspaper is published.
    (2) Paragraph (1) shall not apply in cases where the Commission 
makes a finding pursuant to Section 310(d) of the Communications Act 
that the public interest, convenience, and necessity would be served by 
permitting an entity that owns, operates or controls a daily newspaper 
to own, operate or control an AM, FM, or TV broadcast station whose 
relevant contour encompasses the entire community in which such 
newspaper is published as set forth in paragraph (1).
    (3) In making a finding under paragraph (2), there shall be a 
presumption that it is not inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV 
broadcast station whose relevant contour encompasses the entire 
community in which such newspaper is published as set forth in 
paragraph (1), provided that, with respect to a combination including a 
commercial TV station: (i) The station is not ranked among the top four 
TV stations in the DMA, based on the most recent all-day (9 a.m.-
midnight) audience share, as measured by Nielsen Media Research or by 
any comparable professional, accepted audience ratings service; and 
(ii) At least 8 independently owned and operated major media voices 
would remain in the DMA in which the community of license of the TV 
station in question is located (for purposes of this provision major 
media voices include full-power TV broadcast stations and major 
newspapers).
    (4) In making a finding under paragraph (2), there shall be a 
presumption that it is inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper and an AM, FM or TV broadcast station whose relevant 
contour encompasses the entire community in which such newspaper is 
published as set forth in paragraph (1) in a DMA other than the top 20 
Nielsen DMAs or in any circumstance not covered under paragraph (3).
    (5) In making a finding under paragraph (2), the Commission shall 
consider: (i) Whether the combined entity will significantly increase 
the amount of local news in the market; (ii) whether the newspaper and 
the broadcast outlets each will continue to employ its own staff and 
each will exercise its own independent news judgment; (iii) the level 
of concentration in the Nielsen Designated Market Area (DMA); and (iv) 
the financial condition of the newspaper or broadcast station, and if 
the newspaper or broadcast station is in financial distress, the 
proposed owner's commitment to invest significantly in newsroom 
operations.
    (6) In order to overcome the negative presumption set forth in 
paragraph (4) with respect to the combination of a major newspaper and 
a television station, the applicant must show by clear and convincing 
evidence that the co-owned major newspaper and station will increase 
the diversity of independent news outlets and increase competition 
among independent news sources in the market, and the factors set forth 
above in paragraph (5) will inform this decision.
    (7) The negative presumption set forth in paragraph (4) shall be 
reversed under the following two circumstances: (i) the newspaper or 
broadcast station is failed or failing; or (ii) the combination is with 
a broadcast station that was not offering local newscasts prior to the 
combination, and the station will initiate at least seven hours per 
week of local news programming after the combination. Note 6 to 47 CFR 
73.3555 states: For purposes of this section a daily newspaper is one 
which is published four or more days per week, which is in the dominant 
language in the market, and which is circulated generally in the 
community of publication. A college newspaper is not considered as 
being circulated generally.
    47 CFR 73.3580 requires that applicants for construction permits 
for new broadcast stations and for major change in existing broadcast 
facilities (as defined in 47 CFR 73.3571(a)(1) (for AM applicants), 
73.3572(a)(1) (for television applicants), or 73.3573(a)(1) (for FM 
applicants)) give local notice in a newspaper of general circulation in 
the community to which the station is licensed. This publication 
requirement also applies with respect to major amendments as defined in 
47 CFR 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM). 
This publication

[[Page 50618]]

requirement also applies with respect to applications for minor 
modification to existing AM and FM facilities in which the applicant 
seeks to change the existing facility's community of license. Local 
notice is also required to be broadcast over the station, if operating. 
However, if the station is the only operating station in its broadcast 
service licensed to the community involved, publication of the notice 
in a newspaper is not required. Completion of publication may occur 
within 30 days before or after the tender of the application to the 
Commission.
    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 a broadcast station's public inspection file along with the 
application. The Commission's actions in this proceeding did not revise 
this requirement.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-19886 Filed 8-26-08; 8:45 am]
BILLING CODE 6712-01-P


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