[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Notices]
[Page 50813-50814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-64]
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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 PRA@fcc.gov.
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 PRA@fcc.gov 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