[Federal Register: December 29, 2004 (Volume 69, Number 249)]
[Notices]
[Page 78022-78024]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de04-98]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
December 21, 2004.
SUMMARY: The Federal Communications Commission, 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(s), as required by the
Paperwork Reduction Act (PRA) of 1995, Public Law No. 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 that does not display a valid
control number. Comments are requested concerning (a) whether the
proposed
[[Page 78023]]
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 Paperwork Reduction Act (PRA) comments should be
submitted on or before February 28, 2005. 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 Paperwork Reduction Act (PRA) comments to Cathy
Williams, Federal Communications Commission, Room 1-C823, 445 12th
Street, SW, Washington, DC 20554 or via the Internet to
Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s), contact Cathy Williams at (202) 418-
2918 or via the Internet at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0027.
Title: Application for Construction Permit for Commercial Broadcast
Station, FCC Form 301.
Form Number: FCC Form 301.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 3,247.
Estimated Time per Response: 2 to 4 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 8,380 hours.
Total Annual Cost: $44,630,924.
Privacy Impact Assessment: No impact(s).
Needs and Uses: FCC Form 301 is used to apply for authority to
construct a new commercial AM, FM, or TV broadcast station, or to make
changes in existing facilities of such a station. This collection also
includes the third party disclosure requirement of 47 CFR 73.3580,
requiring local public notice in a newspaper of general circulation of
the filing of all construction permit applications. FM licensees or
permittees may request, by application on FCC Form 301, 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. All applicants using this one-step process
must demonstrate that a suitable site exists which would comply with
allotment standards with respect to minimum distance separation and
city-grade coverage and which would be suitable for tower construction.
To receive authorization for commencement of Digital Television
(``DTV'') operation, commercial broadcast licensees must file FCC Form
301 for a construction permit. 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. Applicants will not have to supply full legal or financial
qualification information.
On June 24, 2004, the U.S. Court of Appeals for the Third Circuit
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in
which it upheld certain aspects of the Commission's new media ownership
rules adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)),
specifically those dealing with local radio ownership, while requiring
further explanation for all other aspects of the new rules. In
particular, the Court held that the use of Arbitron Metro markets, the
inclusion of noncommercial stations in determining radio market size,
the attribution of joint sale agreements, and certain transfer
restrictions are consistent with the Administrative Procedure Act. The
Court stated that its prior stay of all new ownership rules would
remain in effect pending the outcome of the remand proceeding. The
Commission filed a petition for rehearing requesting that the Court
lift the stay partially--i.e., with respect to the radio ownership
rules which the Court's Remand Order upheld. On September 3, 2004, the
Court granted the Commission's petition, thus partially lifting the
stay (``Rehearing Order''). As a result of the Rehearing Order, the new
radio ownership rules took effect September 3, 2004.
Under the new radio ownership rules, radio Joint Sales Agreements
(JSAs) are attributable and radio applicants are required to submit as
a part of the FCC Form 301 a copy of any attributable JSA or time
brokerage agreement.
OMB Control Number: 3060-0031.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License, FCC Form 314.
Form Number: FCC Form 314.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 2,225.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 3,990 hours.
Total Annual Cost: $16,017,631.25.
Privacy Impact Assessment: No impact(s).
Needs and Uses: FCC Form 314 and applicable exhibits/explanations
are required to be filed 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.
This collection also includes the third party disclosure
requirement of 47 CFR 73.3580, requiring local public notice in a
newspaper of general circulation of the filing of all applications for
assignment of license/permit. Additionally, an applicant for assignment
of license must broadcast the same notice over the station at least
once daily on four days in the second week immediately following the
tendering for filing of the application.
On June 24, 2004, the U. S. Court of Appeals for the Third Circuit
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in
which it upheld certain aspects of the Commission's new media ownership
rules adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)),
specifically those dealing with local radio ownership, while requiring
further explanation for all other aspects of the new rules. In
particular, the Court held that the use of Arbitron Metro markets, the
inclusion of noncommercial stations in determining radio market size,
the attribution of joint sale agreements, and certain transfer
restrictions are consistent with the Administrative Procedure Act. The
Court stated that its prior stay of all new ownership rules would
remain in effect pending the outcome of the remand proceeding. The
Commission filed a petition for rehearing requesting that the Court
lift the stay partially--i.e., with respect to the radio ownership
rules which the Court's Remand Order upheld. On September 3, 2004, the
Court granted the Commission's petition, thus partially lifting the
stay (``Rehearing Order''). As a result of the Rehearing
[[Page 78024]]
Order, the new radio ownership rules took effect September 3, 2004.
Under the new radio ownership rules, radio Joint Sales Agreements
(JSAs) are attributable and radio applicants are required to submit as
a part of the FCC Form 301 a copy of any attributable JSA or time
brokerage agreement.
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: FCC Form 315.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 2,225.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 3,990 hours.
Total Annual Cost: $16,017,631.25.
Privacy Impact Assessment: No impact(s).
Needs and Uses: FCC Form 315 and applicable exhibits/explanations
are required to be filed 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.
This collection also includes the third party disclosure
requirement of 47 CFR 73.3580, requiring local public notice in a
newspaper of general circulation of the filing of all applications for
transfer of control. Additionally, an applicant for transfer of control
must broadcast the same notice over the station at least once daily on
four days in the second week immediately following the tendering for
filing of the application.
On June 24, 2004, the U. S. Court of Appeals for the Third Circuit
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in
which it upheld certain aspects of the Commission's new media ownership
rules adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)),
specifically those dealing with local radio ownership, while requiring
further explanation for all other aspects of the new rules. In
particular, the Court held that the use of Arbitron Metro markets, the
inclusion of noncommercial stations in determining radio market size,
the attribution of joint sale agreements, and certain transfer
restrictions are consistent with the Administrative Procedure Act. The
Court stated that its prior stay of all new ownership rules would
remain in effect pending the outcome of the remand proceeding. The
Commission filed a petition for rehearing requesting that the Court
lift the stay partially--i.e., with respect to the radio ownership
rules which the Court's Remand Order upheld. On September 3, 2004, the
Court granted the Commission's petition, thus partially lifting the
stay (``Rehearing Order''). As a result of the Rehearing Order, the new
radio ownership rules took effect September 3, 2004.
Under the new radio ownership rules, radio Joint Sales Agreements
(JSAs) are attributable and radio applicants are required to submit as
a part of the FCC Form 301 a copy of any attributable JSA or time
brokerage agreement.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-28530 Filed 12-28-04; 8:45 am]
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