[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21739-21741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9251]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
April 7, 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 on 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 June 17, 2011. 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 the Federal Communications
Commission via e-mail to [email protected] and [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Cathy Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0214.
Title: Sections 73.3526 and 73.3527, Local Public Inspection Files;
Sections 76.1701 and 73.1943, Political Files.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not for-profit
institutions.
Number of Respondent and Responses: 52,285 respondents; 52,285
responses.
Estimated Time per Response: 2.5-109 hours.
Frequency of Response: Recordkeeping 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 and 308 of the Communications Act of 1934, as amended.
Total Annual Burden: 1,831,706.
Total Annual Cost: None.
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: The information collection requirements that are
apart of this collection and are being extended by the Commission are
as follows:
47 CFR 73.3526(a) and 73.3527(a) require that licensees and
permittees of commercial and noncommercial educational (NCE) broadcast
stations maintain a local public inspection file. The contents of the
file vary according to type of service and status. A separate file
shall be maintained for each station for which an application is
pending or for which an authorization is outstanding. The public
inspection file must be maintained so long as an authorization to
operate the station is outstanding.
47 CFR 73.3526(b) and 73.3527(b) require that the public inspection
file be maintained at the main studio of the station. An applicant for
a new station or change of community shall maintain its file at an
accessible place in the proposed community of license or at its
proposed main studio.
[[Page 21740]]
47 CFR 73.3526(c) and 73.3527(c) require the licensee/permittee to
make the file available for public inspection at any time during
regular business hours. All or part of this file may be maintained in a
computer database as long as a computer terminal is made available to
members of the public. Materials in the public file must be made
available for review, printing or reproduction upon request.
Licensees that maintain their main studios and public file outside
their communities of license are required to mail a copy of ``The
Public and Broadcasting'' to anyone requesting a copy. Licensees shall
be prepared to assist members of the public in identifying the
documents they may want to be sent to them by mail.
47 CFR 73.3526(d) and 73.3527(d) require an assignor to maintain
the public inspection file until such time as the assignment is
consummated. At that time, the assignee is required to maintain the
file.
Under rule sections 47 CFR 73.3526(e) and 73.3527(e) the contents
of the public inspection files are specified. The documents to be
retained in the public inspection files are as follows:
(a) A copy of the current FCC authorization to construct or operate
the station, as well as any other documents necessary to reflect any
modifications thereto or any conditions that the FCC has placed on the
authorization;
(b) A copy of any application tendered for filing with the FCC,
together with all related material, and copies of Initial Decision and
Final Decisions in hearing cases. If petitions to deny are filed
against the application, a statement that such a petition has been
filed shall be maintained in the file together with the name and
address of the party filing the petition;
(c) For commercial broadcast stations, a copy of every written
citizen agreement;
(d) A copy of any service contour maps, submitted with any
application, together with any other information in the application
showing service contours and/or main studio and transmitter location;
(e) A copy of the most recent, complete Ownership Report (FCC Form
323) filed with the FCC for the station, together with any statements
filed with the FCC certifying that the current Report is accurate;
(f) A political file of records required by 47 CFR 73.1943
concerning broadcasts by candidates for public office;
(g) An Equal Employment Opportunity File required by 47 CFR
73.2080;
(h) A copy of the most recent edition of the manual entitled ``The
Public and Broadcasting'';
(i) For commercial broadcast stations, all written comments and
suggestions (letters and electronic mail) received from the public
regarding operation of the station;
(j) Material having a substantial bearing on a matter which is the
subject of an FCC investigation or complaint to the FCC of which the
applicant/permittee/licensee has been advised;
(k) For commercial radio and TV broadcast stations and non-exempt
NCE broadcast stations, a list of programs that have provided the
station's most significant treatment of community issues. This list is
kept on a quarterly basis and contains a brief description of how each
issue was treated;
For commercial TV broadcast stations, records sufficient to permit
substantiation of the station's certification, in its license renewal
application, of compliance with the commercial limits on children's
television programming. The records must be placed in the public file
quarterly. The FCC Form 398, Children's Television Programming Reports,
reflecting efforts made by the licensee during the preceding quarter,
and efforts planned for the next quarter, to serve the educational and
informational needs of children must be placed in the public file
quarterly;
(l) For Commercial radio stations, a list of community issues
addressed by the station's programming. This list is kept on a
quarterly basis and contains a brief description of how each issue was
treated;
(m) For NCE stations, a list of donors supporting specific
programs. The list is to be retained for two years from the date of the
broadcast of the specific program supported, and will be reserved for
sponsors/underwriters of specific programming;
(n) Each applicant for renewal of license shall place in the public
file a statement certifying compliance with the pre-filing and post-
filing local public notice announcements. These statements shall be
placed in the public file within 7 days of the last day of broadcast;
(o) Commercial radio and TV licensees who provide programming to
another licensee's station, pursuant to time brokerage agreements, are
required to keep copies of those agreements in their public inspection
files, with confidential information blocked out where appropriate; and
(p) Commercial TV stations must make an election between
retransmission consent and must-carry status once every three years.
Television stations that fail to make an election will be deemed to
have elected must-carry status. This statement must be placed in the
station's public inspection file. This rule codifies Section
325(b)(3)(B) of the Communications Act of 1934, as amended.
(q) NCE television stations requesting mandatory carriage on any
cable system pursuant to 47 CFR 76.56 shall place in its public file
the request and relevant correspondence.
(r) Commercial radio and TV licensees who have entered into joint
sales agreements must place the agreements in the public inspection
file, with confidential and propriety information blocked out where
appropriate.
47 CFR 73.3526(e)(11)(iv) and 73.3527(e)(13) contain recordkeeping
requirements for both full-power commercial (see Sec.
73.3526(e)(11)(iv)) and noncommercial educational (``NCE'') (see Sec.
73.3527(e)(13)) TV broadcast stations (both analog and digital) for the
contents of their public inspection files. Stations must retain in
their public inspection file a copy of their FCC Form 388--DTV Consumer
Education Quarterly Activity Report on a quarterly basis. The Report
for each quarter is to be placed in the public inspection file by the
tenth day of the succeeding calendar quarter. These Reports shall be
retained in the public inspection file for one year. Broadcasters must
publicize in an appropriate manner the existence and location of these
Reports.
47 CFR 76.1701 and 73.1943 require every cable television system
and licensees of broadcast stations to keep and permit public
inspection of a complete record (political file) of all requests for
cablecast time made by or on behalf of candidates for public office,
together with an appropriate notation showing the disposition made by
the system of such requests, and the charges made, if any, if the
request is granted. The disposition includes the schedule of time
purchased, when the spots actually aired, the rates charged, and the
classes of time purchased. Also, when free time is provided for use by
or on behalf of candidates, a record of the free time provided is to be
placed in the political file as soon as possible and maintained for a
period of two years. 47 CFR 76.1701 also requires that, when an entity
sponsors origination cablecasting material that concerns a political
matter or a discussion of a controversial issue of public importance, a
list must be maintained in the public file of the system that includes
the sponsoring entity's chief executive officers, or members of its
executive committee or of its board of directors.
[[Page 21741]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-9251 Filed 4-15-11; 8:45 am]
BILLING CODE 6712-01-P