[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Notices]
[Page 42162-42164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy04-75]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Submitted to OMB
for Review and Approval
June 28, 2004.
SUMMARY: The Federal Communications Commissions, 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, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. 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; 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.
DATES: Written comments should be submitted on or before August 13,
2004. 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 comments to Les Smith, Federal Communications
Commission, Room 1-A804, 445 12th Street, SW., Washington, DC 20554 or
via the Internet to Leslie.Smith@fcc.gov or Kristy L. LaLonde, Office
of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503,
(202) 395-3087 or via the Internet at Kristy_L._LaLonde@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: For additional information or copy of
the information collection(s) contact Les Smith at (202) 418-0217 or
via the Internet at Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0027.
Title: Application for Construction Permit for Commercial Broadcast
Station, FCC Form 301.
Form Number: FCC 301.
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 2,570.
Estimated Time per Response: 2 to 4 hours.
Frequency of Response: On occasion reporting requirements; Third
party disclosure.
Total Annual Burden: 5,827 hours.
Total Annual Costs: $30,811,550.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On September 3, 2003, the United States Circuit
Court of Appeals for the Third Circuit issued an Order staying the
effectiveness of the new media ownership rules adopted by the
Commission on June 2, 2003. (Report and Order, MB Docket 02-277 and MM
Docket 01-235, 01-237, and 00-244, and Notice of Proposed Rulemaking,
In the Matter of 2020 Biennial Regulatory Review--Review of the
Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant
to section 202 of the Telecommunications Act of 1996.) 68 FR 46285,
August 5, 2003. The Court ordered ``that the prior ownership rules
remain in effect pending resolution of these proceedings.'' Prometheus
Radio Project v. FCC, No. 03-3388 (3d Cir. Sept. 3, 2003) (per curiam).
The Court's Order requires that the Commission process broadcast
station applications under the prior ownership rules.
Licensees/permittees use FCC Form 301 to apply for authority to
construct a new commercial AM, FM, or TV broadcast station or to make
changes to the existing facilities of such a station. In addition, FM
licensees/permittees may use Form 301 to request upgrades on adjacent
and co-channels, modifications to adjacent channels of the same class,
and downgrades to adjacent channels without first submitting a petition
for rulemaking. Applicants using this ``one step'' process must
demonstrate that a suitable site exists, which complies with allotment
standards, i.e., minimal distance separation and city-grade coverage,
and is suitable for tower construction. Commercial broadcast licensees
must file Form 301 for a construction permit to receive
[[Page 42163]]
authorization to commence DTV operation. This application may be filed
anytime after receiving the initial DTV allotment but must be filed
before mid-point in a particular applicant's required construction
period. The Commission will consider these applications as minor
changes in facilities. Applications will not have to supply full legal
or financial qualification information. Under 47 CFR 73.3580,
applicants must publish a notice in a local paper of general
circulation when filing for new or major changes in facilities. A copy
of the public notice is to be kept with the application in the
station's public file.
OMB Control Number: 3060-0031.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License.
Form Number: 314.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; and Not-for-
profit institutions.
Number of Respondents: 1,591.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: On occasion reporting requirements; Third
party disclosure.
Total Annual Burden: 2,547 hours.
Total Annual Costs: $12,356,203.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On September 3, 2003, the United States Court of
Appeals for the Third Circuit issued an Order staying the effectiveness
of the new media ownership rules adopted by the Commission on June 2,
2003. (Report and Order, MB Docket 02-2777 and MM Docket 01-235, 01-
317, and 00-244, and Notice of Proposed Rulemaking, In the Matter of
2002 Biennial Regulatory Review--Review of the Commission's Broadcast
Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the
Telecommunications Act of 1996.) 68 FR 46285, August 5, 2003. The Court
ordered ``that the prior ownership rules remain in effect pending
resolution of these proceedings.'' Prometheus Radio Project v. FCC, No.
03-3388 (3d Cir. Sept. 3, 2003) (per curiam). The Court's Order
requires that the Commission process broadcast station applications
under the prior ownership rules.
Applicants must file FCC Form 314 and applicable exhibits/
explanations when applying for consent to assignment of an AM, FM, or
TV broadcast station construction permit or license. In addition, the
applicant must notify the Commission when an approved assignment of a
broadcast station construction permit or license has been consummated.
Under 47 CFR 73.3580, applicants must publish a notice in a local
paper of general circulation when filing for assignment of all
licenses/permits. A copy of the notice is to be kept with the
application in the station's public file. Additionally, an applicant
for assignment of license must broadcast the same notice from the
station in the second week immediately following the tendering for the
application filing. On April 4, 2000, the Commission adopted a Report
and Order in MM Docket 95-31, In the Matter of Reexamination of the
Comparative Standards for Noncommercial Educational Applicants. This
Report and Order adopted new procedures to select among competing
applicants for noncommercial educational (NCE) broadcast channels. The
new procedures use points to compare objective characteristics whenever
there are competing applications for full-service radio or television
channels reserved for NCE use. The new procedure established a four-
year holding period of on-air operations for license approved as a
result of evaluations in a point system. FCC Form 314 has been revised
to reflect the new policy and to require stations authorized under the
point system, which have not operated for a four-year period, to submit
with their applications an exhibit demonstrating compliance with 47 CFR
73.7005. The FCC staff use the data to determine whether the applicants
meet basic statutory requirements to become a Commission licensee/
permittee and to assure that the public interest is served by grant of
the application.
OMB Control Number: 3060-0032.
Title: Application for Consent to Transfer Control of Entity
Holding Broadcast Station Construction Permit or License, FCC Form 315.
Form Number: 315.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; and Not-for-
profit institutions.
Number of Respondents: 1,591.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: On occasion reporting requirements; Third
party disclosure.
Total Annual Burden: 2,547 hours.
Total Annual Costs: $12,356,203.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On September 3, 2003, the United States Court of
Appeals for the Third Circuit issues an Order staying the effectiveness
of the new media ownership rules adopted by the Commission on June 2,
2003. (Report and Order, MB Docket 02-2777 and MM Docket 01-235, 01-
317, and 00-244, and Notice of Proposed Rulemaking, In the Matter of
2002 Biennial Regulatory Review--Review of the Commission's Broadcast
Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the
Telecommunications Act of 1996.) 68 FR 46285, August 5, 2003. The Court
ordered ``that the prior ownership rules remain in effect pending
resolution of these proceedings.'' Prometheus Radio Project v. FCC, No.
03-3388 (3d Cir. Sept. 3, 2003) (per curiam). The Court's Order
requires that the Commission process broadcast station applications
under the prior ownership rules.
Applicants must file FCC Form 315 and applicable exhibits/
explanations when applying for transfer of control of a corporation
holding an AM, FM, or TV broadcast station construction permit or
license. In addition, the applicant must notify the Commission when an
approved transfer of control of a broadcast station construction permit
or license has been consummated.
Under 47 CFR 73.3580, applicants must publish a notice in a local
paper of general circulation when filing all applications for transfer
of control any license/permit. A copy of the public notice is to be
kept with the application in the station's public file. Additionally,
an applicant for transfer of control of license must broadcast the same
notice from the station in the second week immediately following the
tendering for the application filing.
On April 4, 2000, the Commission adopted a Report and Order in MM
Docket 95-31, In the Matter of Reexamination of the Comparative
Standards for Noncommercial Educational Applicants. This Report and
Order adopted new procedures to select among competing applicants for
noncommercial educational (NCE) broadcast channels. The new procedures
use points to compare objective characteristics whenever there are
competing applications for full-service radio or television channels
reserved for NCE use. The new procedure established a four-year holding
period of on-air operations for license approved as a result of
evaluations in a point system. The FCC Form 315 was revised to reflect
the new policy and to require stations authorized under the point
system, which have not operated for a four-year period, to submit with
their applications an exhibit demonstrating compliance with
[[Page 42164]]
47 CFR 73.7005. The FCC staff use the data to determine whether the
applicants meet basic statutory requirements to become a Commission
licensee/permittee and to assure that the public interest is served by
grant of the application.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-15865 Filed 7-13-04; 8:45 am]
BILLING CODE 6712-01-P