[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]
[Page 63982-63983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc08-67]
[[Page 63982]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to OMB for
Review and Approval, Comments Requested
October 22, 2008.
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, 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 Paperwork Reduction Act (PRA) comments should be
submitted on or before November 28, 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 contacts
listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via Internet at Nicholas_A._Fraser@omb.eop.gov
or via fax at (202) 395-5167 and to Cathy Williams, Federal
Communications Commission, Room 1-C823, 445 12th Street, SW.,
Washington, DC or via Internet at Cathy.Williams@fcc.gov or
PRA@fcc.gov.
To view a copy of this information collection request (ICR)
submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/
do/PRAMain, (2) look for the section of the Web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the title of this ICR (or
its OMB control number, if there is one) and then click on the ICR
Reference Number to view detailed information about this ICR.''
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s), 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: 3,500 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
[[Page 63983]]
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. E8-25721 Filed 10-27-08; 8:45 am]
BILLING CODE 6712-01-P