[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50813-50814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20011]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

August 22, 2008.
SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission invites the general 
public and other Federal agencies to comment on the following 
information collection(s). Comments are requested concerning (a) 
whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including

[[Page 50814]]

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. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
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.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before October 27, 2008. 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: Interested parties may submit all PRA comments by e-mail or 
U.S. mail. To submit your comments by e-mail, send them to <a href="/cdn-cgi/l/email-protection#3d6d6f7c7d5b5e5e135a524b"><span class="__cf_email__" data-cfemail="51010310113732327f363e27">[email protected]</span></a>. 
To submit your comments by U.S. mail, mark them to the attention of 
Cathy Williams, Federal Communications Commission, Room 1-C823, 445 
12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, send an e-mail to <a href="/cdn-cgi/l/email-protection#b9e9ebf8f9dfdada97ded6cf"><span class="__cf_email__" data-cfemail="baeae8fbfadcd9d994ddd5cc">[email protected]</span></a> or contact Cathy 
Williams at 202-418-2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0896.
    Title: Broadcast Auction Form Exhibits.
    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: 3,000 respondents; 7,605 
responses.
    Estimated Hours per Response: 0.5 to 2 hours.
    Frequency of Response: On occasion reporting requirement.
    Annual Burden: 8,628 hours.
    Annual Cost Burden: $10,163,100.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
154(i) and 309 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: On December 18, 2007, the Commission adopted a 
Report and Order and Third Further Notice of Proposed Rulemaking (``the 
Diversity Order'') in MB Docket Nos. 07-294; 06-121; 02-277; 04-228, MM 
Docket Nos. 01-235; 01-317; 00-244; FCC 07-217, which expands 
opportunities for participation in the broadcasting industry by new 
entrants and small businesses, including minority and women-owned 
businesses.
    Currently, the media interests held by an individual or company 
with an equity and/or debt interest in an auction applicant are 
attributed to that applicant, for purposes of determining its 
eligibility for the new entrant bidding credit, if the equity and debt 
interests exceed 33 percent of the total asset value of the applicant. 
In order to make it easier for small businesses and new entrants to 
acquire broadcast licenses, and acquire the capital to compete in the 
marketplace with better financed companies, in the Diversity Order the 
Commission relaxed the rule standard, so to allow for higher investment 
opportunities in entities meeting the definition of ``eligible 
entities.'' An ``eligible entity'' is defined as an entity that would 
qualify as a small business consistent with the Small Business 
Administration (``SBA'') standards for its industry grouping, based on 
revenue.
    Pursuant to the Diversity Order, the Commission will now allow the 
holder of an equity or debt interest in the applicant to exceed the 
above-noted 33 percent threshold without triggering attribution 
provided: (1) the combined equity or debt in the ``eligible entity'' is 
less than 50 percent, or (2) the total debt in the ``eligible entity'' 
does not exceed 80 percent and the interest holder does not hold any 
option to acquire an additional interest in the ``eligible entity.''
    Consistent with actions taken by the Commission in the Diversity 
Order, a new question has been added to the new entrant bidding credit 
section of the broadcast auction application form. It simply requires 
applicants to make explicit any claim that they are ``eligible 
entities,'' as a basis for claiming a bidding credit. The question 
states: ``Does the applicant claim to be an `eligible entity' as 
defined in 47 CFR 73.5008(c), for purposes of claiming eligibility for 
the new entrant bidding credit?'' Additional information showing proof 
of compliance is not required at the pre-auction application stage. The 
Commission also foresees a new universe of respondents to the 
collection--those broadcast auction applicants claiming eligibility for 
the new entrant bidding credit based on their status as an ``eligible 
entity.''
    The Commission auctions mutually exclusive applications for full 
power commercial AM and FM radio, television services, Instructional 
Television Fixed Services (ITFS), and all secondary commercial 
broadcast services (e.g. , Low Power TV (LPTV), FM translators and 
television translators). The Commission requires the use of the FCC 
Form 175 (OMB Control Number 3060-0600) to participate in all broadcast 
auctions. Broadcast applicants are also required to submit certain 
exhibits which are covered in this information collection as discussed 
below.
    To facilitate the identification of groups of mutually exclusive 
applicants for non-table services which include the AM radio, LPTV, and 
TV/FM translator services, the Commission requires applicants to submit 
the engineering portions of the pertinent long-form application (FCC 
Form 301 (OMB Control Number 3060-0027), FCC Form 346 (OMB Control 
Number 3060-0016), or FCC Form 349 (OMB Control Number 3060-0405) ) 
necessary to determine mutual exclusivity. In instances where analog 
television licensees file major modification applications, the 
Commission requires that such applicants also file the engineering 
data. These applicants are required to file the electronic versions of 
FCC Forms 301, 346 or 349.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-20011 Filed 8-27-08; 8:45 am]
BILLING CODE 6712-01-P


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