[Federal Register: July 14, 2004 (Volume 69, Number 134)]
[Notices]               
[Page 42164-42165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy04-76]                         

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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: 3060-0034.
    Title: Application for Construction Permit for Reserved Channel 
Noncommercial Educational Broadcast Station, FCC Form 340.
    Form Number: FCC 340.
    Type of Review: Revision of a currently approved collection.
    Respondents: Not-for-profit institutions.
    Number of Respondents: 668.
    Estimated Time per Response: 2 to 4 hours.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 2,158 hours.
    Total Annual Cost: $7,071,746.
    Privacy Impact Assessment: Yes.
    Needs and Uses: FCC 340 is used to apply for authority to construct 
a new noncommercial educational FM, TV, and DTV broadcast station, or 
to make changes in the existing facilities of such a station. The FCC 
340 is to be used for channels that are reserved exclusively for 
noncommercial educational use and on non-reserved channels if the only 
applicants competing propose to build NCE stations. For existing 
authorized analog stations to receive authorization for commencement of 
DTV operation, noncommercial educational broadcast licensees operating 
on a reserved channel must file FCC Form 340 for a construction permit. 
This application may be filed anytime after receiving the initial DTV 
channel allotment, but must be filed before the mid-point in a 
particular applicant's required construction period. The Commission 
will consider these applications as minor changes in facilities. 
Applicants do not have to supply full legal or financial qualification 
information. In addition, applicants for a newly allotted DTV channel 
reserved for noncommercial educational use(s) must also file the FCC 
Form 340.
    On February 28, 2001, the FCC released a Memorandum Opinion and 
Order, In the Matter of Reexamination of the Comparative Standards for 
Noncommercial Educational Applicants (MO&O), MM Docket No. 95-31, FCC 
01-64. The MO&O established a point system to compare objective 
characteristics of applicants for full-service radio or television 
stations on channels reserved for NCE use and on non-reserved channels 
if the only applicants competing propose to build NCE stations. The 
Commission has used the auction procedures to select among mutually 
exclusive commercial applications on non-reserved (commercial) 
channels. The MO&O, by establishing the point system, also resolved the 
``supplement issue'' for those noncommercial stations that had 
previously filed pending applications filed before the Commission, but 
which were filed without point information (because the point system 
didn't exist when the applications were filed). These systems were 
required to file a ``supplement'' to their application providing the 
point information. Most applicants who had requested mutually exclusive 
NCE proposed for the reserved band have been required to supplement or 
settle their request(s) by 2001. A small number of these applicants 
remain, who were never subject to this requirement. These applicants 
are still required to supplement their Form 340 applications. The 
Commission will issue a public notice announcing the procedures to be 
used in this process at a future date, yet unknown.
    Under 47 CFR 73.3580, applicants must publish a notice in a 
newspaper of general circulation of the filing of all applications for 
new or major changes in facilities for at least twice a week for two 
consecutive weeks in a three-week period. This notice must be completed 
within 30 days of the tendering of the application. A copy of this 
notice and the applications must be placed in the station's public 
inspection file.

    OMB Control Number: 3060-0405.
    Title: Application for Authority to Construct or Make Changes in an 
FM Translator or FM Booster Station, FCC Form 349.
    Form Number: FCC 394.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; and State, local, or tribal government.
    Number of Respondents: 1,000.
    Estimated Time per Response: 2 to 3 hours.
    Frequency of Response: One-time and on occasion reporting 
requirements; Third party disclosure.
    Total Annual Burden: 2,700 hours.
    Total Annual Cost: $2,654,500.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 349 is used to apply for authority to 
construct a new FM translator or FM booster

[[Page 42165]]

broadcast station, or to make changes in the existing facilities of 
such stations. Under 47 CFR section 73.3580, applicants must give 
notice of their applications for new or major changes in facilities in 
a local newspaper within 30 days, and a copy of both the notice and the 
application must be placed in the station's public inspection file. On 
April 4, 2000, the Commission adopted a Report and Order, In the Matter 
of Reexamination of the Comparative Standards for Noncommercial 
Educational Applicants, MM Docket No. 95-31. This Report and Order 
adopted new procedures to select among competing applicants for 
noncommercial educational (NCE) broadcast stations. Among other things, 
this Report and Order instituted a point system to compare objective 
characteristics whenever there are competing applications for NCE 
translator stations. FCC Form 349 was revised to incorporate these 
newly adopted procedures. Most applicants for NCE translator stations 
have been required to supplement or settle their request(s) by 2001. A 
small number of these applicants remain, who were never subject to this 
requirements. These applicants are still required to supplement their 
Form 349 applications. The FCC will issue a public notice announcing 
the procedures to be used in this process at a future date, yet 
unknown.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-15866 Filed 7-13-04; 8:45 am]

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