[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16772-16776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6989]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Submitted for
Review and Approval to the Office of Management and Budget (OMB),
Comments Requested
March 16, 2011.
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, 44 U.S.C. 3501-3520. 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; (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; and (e)
ways to further reduce the information collection burden for small
business concerns with fewer than 25 employees.
The FCC 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 currently valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before April 25, 2011.
[[Page 16773]]
If you anticipate that you will be submitting PRA comments, but find it
difficult to do so within the period of time allowed by this notice,
you should advise the FCC contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via fax at 202-395-5167 or via the Internet at
[email protected] and to the Federal Communications
Commission via e-mail to [email protected]. To view a copy of this
information collection request (ICR) submitted to OMB: (1) Go to the
Web page http://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, and (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 on (202) 418-
2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0433.
Title: Basic Signal Leakage Performance Report.
Form Number: FCC Form 320.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 5,920 respondents and 5,920
responses.
Frequency of Response: Recordkeeping requirement, Annual reporting
requirement.
Estimated Time per Hours: 20 hours.
Total Annual Burden: 118,400 hours.
Total Annual Cost: None.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Sections 4(i),
302 and 303 of the Communications Act of 1934, as amended.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: Cable television system operators and Multichannel
Video Programming Distributors (MPVDs) who use frequencies in the bands
108-137 and 225-400 MHz (aeronautical frequencies) are required to file
a Cumulative Signal Leakage Index (CLI) derived under 47 CFR
76.611(a)(1) or the results of airspace measurements derived under 47
CFR 76.611(a)(2). This filing must include a description of the method
by which compliance with basic signal leakage criteria is achieved and
the method of calibrating the measurement equipment. This yearly filing
of FCC Form 320 is done in accordance with 47 CFR 76.1803.
OMB Control Number: 3060-0289.
Title: Section 76.76.601(a) Performance Tests, Section
76.1704(a)(b) Proof of Performance Test Data, Section 76.1705
Performance Tests (Channels Delivered) and Section 76.1717, Compliance
with Technical Standards.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities and State, local
or tribal government.
Number of Respondents and Responses: 8,250 respondents; 12,185
responses.
Estimated Time per Response: 0.5-70 hours.
Frequency of Response: Record keeping requirement, Semi-annual and
Triennial reporting requirements; Third party disclosure requirement.
Total Annual Burden: 276,125 hours.
Total Annual Costs: None.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 4(i) and 624(e) of the Communications Act of 1934, as amended.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: 47 CFR 76.601(b) requires the operator of each
cable television system shall conduct complete performance tests of
that system at least twice each calendar year (at intervals not to
exceed seven months), unless otherwise noted below. The performance
tests shall be directed at determining the extent to which the system
complies with all the technical standards set forth in Sec. 76.605(a)
and shall be as follows:
(1) For cable television systems with 1,000 or more subscribers but
with 12,500 or fewer subscribers, proof-of-performance tests conducted
pursuant to this section shall include measurements taken at six (6)
widely separated points. However, within each cable system, one
additional test point shall be added for every additional 12,500
subscribers or fraction thereof (e.g., 7 test points if 12,501 to
25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers,
etc.). In addition, for technically integrated portions of cable
systems that are not mechanically continuous (i.e., employing microwave
connections), at least one test point will be required for each portion
of the cable system served by a technically integrated microwave hub.
The proof-of-performance test points chosen shall be balanced to
represent all geographic areas served by the cable system. At least
one-third of the test points shall be representative of subscriber
terminals most distant from the system input and from each microwave
receiver (if microwave transmissions are employed), in terms of cable
length. The measurements may be taken at convenient monitoring points
in the cable network: provided, that data shall be included to relate
the measured performance of the system as would be viewed from a nearby
subscriber terminal. An identification of the instruments, including
the makes, model numbers, and the most recent date of calibration, a
description of the procedures utilized, and a statement of the
qualifications of the person performing the tests shall also be
included.
(2) Proof-of-performance tests to determine the extent to which a
cable television system complies with the standards set forth in Sec.
76.605(a) (3), (4), and (5) shall be made on each of the NTSC or
similar video channels of that system. Unless otherwise as noted,
proof-of-performance tests for all other standards in Sec. 76.605(a)
shall be made on a minimum of four (4) channels plus one additional
channel for every 100 MHz, or fraction thereof, of cable distribution
system upper frequency limit (e.g., 5 channels for cable television
systems with a cable distribution system upper frequency limit of 101
to 216 MHz; 6 channels for cable television systems with a cable
distribution system upper frequency limit of 217-300 MHz; 7 channels
for cable television systems with a cable distribution upper frequency
limit of 300 to 400 MHz, etc.). The channels selected for testing must
be representative of all the channels within the cable television
system.
(3) The operator of each cable television system shall conduct
semi-annual proof-of-performance tests of that system, to determine the
extent to
[[Page 16774]]
which the system complies with the technical standards set forth in
Sec. 76.605(a)(4) as follows. The visual signal level on each channel
shall be measured and recorded, along with the date and time of the
measurement, once every six hours (at intervals of not less than five
hours or no more than seven hours after the previous measurement), to
include the warmest and the coldest times, during a 24-hour period in
January or February and in July or August.
(4) The operator of each cable television system shall conduct
triennial proof-of-performance tests of its system to determine the
extent to which the system complies with the technical standards set
forth in Sec. 76.605(a)(11).
47 CFR 76.601 the local franchising authority shall notify the
cable operator, who will then be allowed thirty days to come into
compliance with any perceived signal quality problems which need to be
corrected.
47 CFR 76.1704 requires that proof-of-performance tests required by
47 CFR 76.601 shall be maintained on file at the operator's local
business office for at least five years. The test data shall be made
available for inspection by the Commission or the local franchiser,
upon request. If a signal leakage log is being used to meet proof-of-
performance test recordkeeping requirements in accordance with Section
76.601, such a log must be retained for the period specified in 47 CFR
76.601(d).
OMB Control Number: 3060-0920.
Title: Application for Construction Permit for a Low Power FM
Broadcast Station; Report and Order in MM Docket No. 99-25 Creation of
Low Power Radio Service; Sections 73.807, 73.809, 73.865, 73.870,
73.871, 73.872, 73.877, 73.878, 73.318, 73.1030, 73.1207, 73.1212,
73.1230, 73.1300, 73.1350, 73.1610, 73.1620, 73.1750, 73.1943, 73.3525,
73.3550, 73.3598, 11.61(ii), FCC Form 318.
Form Number: FCC Form 318.
Type of Review: Extension of a currently approved collection.
Respondents: Not-for-profit institutions; State, local or tribal
government.
Number of Respondents and Responses: 16,659 respondents, 23,377
responses.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third party disclosure requirement.
Obligation to Respond: Required to obtain benefits. The statutory
authority for this collection of information is contained in Sections
154(i), 303, 308 and 325(a) of the Communications Act of 1934, as
amended.
Estimated Time per Response: 0.0025 minutes-12 hours.
Total Annual Burden: 34,396 hours.
Total Annual Costs: $23,850.
Nature and Extent of Confidentiality: Confidentiality is not
required for this collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: This information collection accounts for the
following requirements:
47 CFR 73.807 sets forth minimum distance separation requirements
for LPFM stations. The Third Report and Order allows LPFM stations to
file second-adjacent channel waiver requests of this Rule by filing a
Form 318 if it is at risk of displacement by an encroaching full-
service station application.
47 CFR 73.809(b) states that an LPFM station will be provided an
opportunity to demonstrate in connection with the processing of the
commercial or NCE FM application that interference as described in
paragraph (a) of this section is unlikely. If the LPFM station fails to
so demonstrate, it will be required to cease operations upon the
commencement of program tests by the commercial or NCE FM station.
47 CFR 809(c) states complaints of actual interference by an LPFM
station subject to paragraphs (a) and (b) of this section must be
served on the LPFM licensee and the Federal Communications Commission,
attention Audio Services Division. The LPFM station must suspend
operations within twenty-four hours of the receipt of such complaint
unless the interference has been resolved to the satisfaction of the
complainant on the basis of suitable techniques. An LPFM station may
only resume operations at the direction of the Federal Communications
Commission. If the Commission determines that the complainant has
refused to permit the LPFM station to apply remedial techniques that
demonstrably will eliminate the interference without impairment of the
original reception, the licensee of the LPFM station is absolved of
further responsibility for the complaint.
47 CFR 73.809(e) states that in each instance where suspension of
operation is required, the licensee shall submit a full report to the
FCC in Washington, DC, after operation is resumed, containing details
of the nature of the interference, the source of the interfering
signals, and the remedial steps taken to eliminate the interference.
47 CFR 73.865 allows a change in the name of an LPFM licensee where
no change in ownership or control is involved to be accomplished by a
written notification by the licensee to the Commission. This section
also prohibits assignment of an LPFM authorization or transfer of
control of an LPFM permittee or licensee if (a) consideration exceeds
the depreciated fair market value of the physical equipment and
facilities, and/or (b) the transferee or assignee is incapable of
satisfying all eligibility criteria that apply to a LPFM licensee.
Transfers of control involving a sudden change of more than 50 percent
of an LPFM's governing board shall not be deemed a substantial change
in ownership or control, subject to the filing of an FCC Form 316.
47 CFR 73.870 and 73.871 allow licensees and permittees to file
minor change applications and minor amendments to pending FCC Form 318
applications by requesting authority for transmitter site relocation of
up to 5.6 kilometers for LP100 facilities and up to 3.2 kilometers for
LP10 facilities. The Third Report and Order amended these Rules to also
allow LPFM applicants with mutually exclusive applications to file
minor amendments and minor changes that reflect changes to time-sharing
agreements, including universal agreements that supersede involuntary
arrangements.
47 CFR 73.870 and 73.871 allow voluntary time-share applicants to
relocate an LPFM transmitter to a central location by filing amendments
to their pending FCC Form 318 applications.
47 CFR 73.870(d) state petitions to deny such mutually exclusive
LPFM applications may be filed within 30 days of such public notice and
in accordance with the procedures set forth at Sec. 73.3584. A copy of
any petition to deny must be served on the applicant.
47 CFR 73.872(c) states if mutually exclusive applications have the
same point total, any two or more of the tied applicants may propose to
share use of the frequency by submitting, within 90 days of the release
of a public notice announcing the tie, a time-share proposal. Such
proposals shall be treated as minor amendments to the time-share
proponents' applications, and shall become part of the terms of the
station authorization. Where such proposals include all of the tied
applications, all of the tied applications will be treated as tentative
selectees; otherwise, time-share proponents points will be aggregated
to determine the tentative selectees.
(1) Time-share proposals shall be in writing and signed by each
time-share proponent, and shall satisfy the following requirements:
[[Page 16775]]
(i) The proposal must specify the proposed hours of operation of
each time-share proponent;
(ii) The proposal must not include simultaneous operation of the
time-share proponents; and
(iii) Each time-share proponent must propose to operate for at
least 10 hours per week.
(2) Where a station is authorized pursuant to a time-sharing
proposal, a change of the regular schedule set forth therein will be
permitted only where a written agreement signed by each time-sharing
permittee or licensee and complying with requirements in paragraphs
(c)(1)(i) through (iii) of this section is filed with the Commission,
Attention: Audio Division, Media Bureau, prior to the date of the
change.
47 CFR 73.872(d)(1) states if a tie among mutually exclusive
applications is not resolved through voluntary time-sharing in
accordance with paragraph (c) of this section, the tied applications
will be reviewed for acceptability and applicants with tied, grantable
applications will be eligible for equal, successive, non-renewable
license terms of no less than one year each for a total combined term
of eight years, in accordance with Sec. 73.873. Eligible applications
will be granted simultaneously, and the sequence of the applicants'
license terms will be determined by the sequence in which they file
applications for licenses to cover their construction permits based on
the day of filing, except that eligible applicants proposing same-site
facilities will be required, within 30 days of written notification by
the Commission staff, to submit a written settlement agreement as to
construction and license term sequence. Failure to submit such an
agreement will result in the dismissal of the applications proposing
same-site facilities and the grant of the remaining, eligible
applications.
47 CFR 73.872(d)(2) states groups of more than eight tied,
grantable applications will not be eligible for successive license
terms under this section. Where such groups exist, the staff will
dismiss all but the applications of the eight entities with the longest
established community presences, as provided in paragraph (b)(1) of
this section. If more than eight tied, grantable applications remain,
the applicants must submit, within 30 days of written notification by
the Commission staff, a written settlement agreement limiting the group
to eight. Failure to do so will result in dismissal of the entire
application group.
47 CFR 73.877 requires each LPFM station to maintain a station log.
Each log entry must include the time and date of observation and the
name of the person making the entry. This log must contain entries of
the information specified in this section.
47 CFR 73.878 requires licensees to make available to FCC
representatives during regular business hours, the station records and
logs. Upon request of the FCC, the licensee must mail (by either
registered mail, return receipt requested, or certified mail, return
receipt requested) the station records and logs. The licensee must
retain the return receipt until such records are returned to the
licensee.
Unattended operation. The Report and Order requires that LPFM
stations that will operate unattended will be required to advise the
Commission by letter of the unattended operation and provide an address
and telephone number where a responsible party can be reached during
such times.
47 CFR 73.318 requires LPFM stations to resolve all complaints
received on blanketing interference occurring within the immediate
vicinity of the antenna site for one year after commence of
transmissions with new or modified facilities. Licensee shall provide
technical information, notifications or assistance to complainants on
remedies for blanketing interference.
47 CFR 73.1030 requires LPFM stations to coordinate, notify, and
provide protection to the radio quiet zones at Green, West Virginia and
at Boulder, Colorado. In addition, LPFM applicants in Puerto Rico will
need to coordinate and notify Cornell University regarding the radio
coordination zone on that island. This requirement is necessary to
ensure that research work at these installations will not be disrupted.
47 CFR 73.1207 requires that licensees of broadcast stations obtain
written permission from an originating station prior to retransmitting
any program or any part thereof. A copy of the written consent must be
kept in the station's files and made available to the FCC upon request.
47 CFR 73.1207 also requires stations that use the National Bureau of
Standards (``NBS'') time signals to notify the NBS semiannually of use
of time signals.
47 CFR 73.1212 requires a broadcast station to identify the sponsor
of any matter for which consideration is provided. For matter
advertising commercial products or services, generally the mention of
the name of the product or service constitutes sponsorship
identification. In addition, when an entity rather than an individual
sponsors the broadcast of matter that is of a political or
controversial nature, licensee is required to retain a list of the
executive officers, or board of directors, or executive committee,
etc., of the organization paying for such matter. Sponsorship
announcements are waived with respect to the broadcast of ``want ads''
sponsored by an individual but the licensee shall maintain a list
showing the name, address and telephone number of each such advertiser.
These lists shall be made available for public inspection.
47 CFR 73.1230 requires that the station license and any other
instrument of station authorization be posted in a conspicuous place at
the place the licensee considers to be the principal control point of
the transmitter. 47 CFR 73.1300 allows broadcast stations to be
operated either attended or unattended. Regardless of which method is
employed, licensees must employ written procedures and have them in the
station's files to ensure compliance with the rules governing the
Emergency Alert System.
47 CFR 73.1350 requires licensees of LPFM broadcast stations
operating by remote control points at places other than the main studio
or transmitter site locations to send written notifications containing
the remote locations to the FCC within three days after commencing
remote control operations from such points.
47 CFR 73.1610 requires the permittee of a new broadcast station to
notify the FCC of its plans to conduct equipment tests for the purpose
of making adjustments and measurements as may be necessary to assure
compliance with the terms of the construction permit and applicable
engineering standards.
47 CFR 73.1620 requires that upon completion of construction of a
LPFM station, the licensee may begin program tests upon notification to
the Commission.
47 CFR 73.1750 requires a broadcast licensee to notify the FCC of
permanent discontinuance of operation and to forward the station
license and other instruments of authorization immediately after
discontinuance of operation.
47 CFR 73.1943 requires licensees of broadcast stations to keep and
permit public inspection of a complete record of all requests for
broadcast time, together with an appropriate notation showing the
disposition made by the licensee of such request.
47 CFR 73.3525 requires applicants for a construction permit for a
broadcast station to obtain approval from the FCC to withdraw, dismiss
or amend its application pursuant to a settlement agreement when that
application is in conflict with another application
[[Page 16776]]
pending before the FCC. This request for approval to withdraw, dismiss
or amend an application should contain a copy of the agreement and an
affidavit of each party to the agreement. In the event that the
proposed withdrawal of a conflicting application would unduly impede
achievement of a fair, efficient and equitable distribution of radio
service, the FCC must issue an order providing further opportunity to
apply for the facilities specified in the application(s) withdrawn.
47 CFR 73.3550 requests for call sign assignment for a LPFM station
must be made using the Commission's electronic call sign system.
47 CFR 73.3598 allows an LPFM permittee unable to complete
construction within the timeframe specified in the original
construction permit may apply for an eighteen month extension upon a
showing of good cause.
47 CFR 11.61(ii) states DBS providers, analog and digital class D
non-commercial educational FM stations, and analog and digital LPTV
stations are required to log the receipt of emergency alert system
transmissions.
This submission also contains FCC Form 318, Application for
Construction Permit for a Low Power FM Broadcast Station and its
accompanying instructions and worksheets.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-6989 Filed 3-24-11; 8:45 am]
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