[Federal Register: February 12, 2004 (Volume 69, Number 29)]
[Notices]
[Page 6989-6991]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe04-62]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
February 2, 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 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
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 April 12, 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 Paperwork Reduction Act (PRA) 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.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
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.
Form Number: FCC 301.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; not-for-profit
institutions.
Number of Respondents: 3,370.
Estimated Time per Response: 2 to 4 hours.
Frequency of Response: On occasion reporting requirements; third
party disclosure.
Total Annual Burden: 7,427 hours.
Total Annual Cost: $35,485,300.
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 02-277 and MM Dockets 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.
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. In addition, 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. Applications will not have to supply full legal or
financial qualification information.
OMB Control Number: 3060-0031.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License.
Form Number: FCC 314.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 1,591.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: On occasion reporting requirement, third
party disclosure requirement.
[[Page 6990]]
Total Annual Burden: 2,546 hours.
Total Annual cost: $12,237,878.
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 02-277 and MM Dockets 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.
FCC Form 314 and applicable exhibits/explanations are required to
be filed when applying for consent for 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. This section requires local public
notice in a newspaper of general circulation of the filing of all
applications for assignment of license/permit. This notice must be
completed within 30 days of the tendering of the application. 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
the public inspection file along with the application. 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 April 4, 2000, the Commission adopted a Report and Order in MM
Docket No. 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
will 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 licenses approved as a result of
evaluation in a point system. The FCC 314 has been revised to reflect
the new policy and to require stations authorized under the point
system who have not operated for a four-year period to submit with
their applications an exhibit demonstrating compliance with 47 CFR
73.7005. The data is used by the FCC staff to determine whether the
applicants meet basic statutory requirements to become a Commission
licensee/permittee and to assure that the public interest would be
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.
Form Number: FCC 315.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 1,591.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: On occasion reporting requirement, third
party disclosure.
Total Annual Burden: 2,546 hours.
Total Annual Cost: $12,237,878.
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 02-277 and MM Dockets 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.
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. This section requires local public
notice in a newspaper of general circulation of the filing of all
applications for transfer of control of license/permit. This notice
must be completed within 30 days of the tendering of the application.
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
the public inspection file along with the application. Additionally, an
applicant for transfer of control 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 April 4, 2000, the Commission adopted a Report and Order in MM
Docket No. 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
will 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 licenses approved as a result of
evaluation in a point system. The FCC 315 has been revised to reflect
the new policy and to require stations authorized under the point
system who have not operated for a four-year period to submit with
their applications an exhibit demonstrating compliance with 47 CFR
73.7005. The data are used by the FCC staff to determine whether the
applicants meet basic statutory requirements to become a Commission
licensee/permittee and to assure that the public interest would be
served by grant of the application.
OMB Control Number: 3060-0405.
Title: Application for Authority to Construct or Make Changes in an
FM Translator or FM Booster Station.
Form Number: FCC 349.
Type of Review: Extension of currently approved collection.
Respondents: Businesses or other for-profit entities; not-for-
profit institutions.
Number of respondents: 1,050.
Estimated Hours per Response: 1-3 hours.
[[Page 6991]]
Frequency of Response: On occasion reporting requirements.
Total Annual Burden: 2,750 hours.
Total Annual Cost: $2,689,500.
Needs and Uses: FCC Form 349 is used to apply for authority to
construct a new FM translator or FM booster broadcast station, or to
make changes in the existing facilities of such stations. To satisfy
the third party requirements under 47 CFR 73.3580, applicants must give
notice of their applications for new or major changes in facilities in
a local newspaper within 30 days, and copy of both the notice and the
application must be placed in the public inspection. In addition, all
mutually exclusive NCE proposals for the reserved band currently on
file with the FCC are required to supplement their applications with
portions of the revised FCC Form 349 necessary to make a selection
under the new point system. The FCC will issue a public notice
announcing the procedures to be used in this process. The data help the
FCC to determine whether an applicant meets basic statutory
requirements and will not cause interference to other licensed
broadcast services. Where there are mutually exclusive, qualified
applicants, the information is used to determine which proposal best
serves the public interest.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-3054 Filed 2-11-04; 8:45 am]
BILLING CODE 6712-10-M