[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]
[Page 29755-29758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-45]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to OMB for
Review and Approval, Comments Requested
May 19, 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 June 23, 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; 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 at (202) 418-
2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0009.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License or Transfer of Control of Corporation
Holding Broadcast Station Construction Permit or License.
Form Number: FCC Form 316.
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: 750 respondents, 750
responses.
Frequency of Response: On occasion reporting requirement.
Obligation To Respond: Required to obtain benefits--Statutory
authority for this collection of information is contained in Sections
154(i) and 310(d) of the Communications Act of 1934, as amended.
Estimated Time per Response: 1-4 hours.
Total Annual Burden: 855 hours.
Total Annual Costs: $425,150.
Confidentiality: No need for confidentiality required.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On March 17, 2005, the Commission released a Second
Order on Reconsideration and Further Notice of Proposed Rulemaking,
Creation of a Low Power Radio Service, MB Docket No. 99-25 (FCC 05-75).
The Further Notice of Proposed Rulemaking (``FNPRM'') proposed to
permit the assignment or transfer of control of Low Power FM (LPFM)
authorizations where there is a change in the governing board of the
permittee or licensee or in other situations corresponding to the
circumstances described above. This proposed rule was subsequently
adopted in a Third Report and Order and Second Further Notice of
Proposed Rulemaking, MB Docket No. 99-25 (FCC 07-204) (Third Report and
Order), released on December 11, 2007.
FCC Form 316 has been revised to encompass the assignment and
transfer of control of LPFM authorizations, as proposed in the FNPRM
and subsequently adopted in the Third Report and Order, and to reflect
the ownership and eligibility restrictions applicable to LPFM
permittees and licensees.
Filing of the FCC Form 316 is required when applying for authority
for assignment of a broadcast station construction permit or license,
or for consent to transfer control of a corporation holding a broadcast
station construction permit or license where there is little change in
the relative interest or disposition of its interests; where transfer
of interest is not a controlling one; there is no substantial change in
the beneficial ownership of the corporation; where the assignment is
less than a controlling interest in a partnership; where there is an
appointment of an entity qualified to succeed to the interest of a
deceased or legally incapacitated individual permittee, licensee or
controlling stockholder; and, in the case of LPFM stations, where there
is a voluntary transfer of a controlling interest in the licensee or
permittee entity. 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.
OMB Control Number: 3060-0031.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License; Application for Consent to Transfer
Control of Entity Holding Broadcast Station Construction Permit or
License; Section 73.3580, Local Public Notice of Filing of Broadcast
Applications.
[[Page 29756]]
Form Number: FCC Form 314 and FCC Form 315.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents and Responses: 4,510 respondents; 12,210
responses.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain benefits--Statutory
authority for this collection of information is contained in Sections
154(i), 303 and 308 of the Communications Act of 1934, as amended.
Estimated Time per Response: 1 hour to 5 hours.
Total Annual Burden: 18,790 hours.
Total Annual Costs: $33,989,570.
Nature of Response: Required to obtain or retain benefits.
Confidentiality: No need for confidentiality required.
Privacy Impact Assessment: No impact(s).
Needs and Uses: The Instructions to Forms 314 and 315 have been
revised to reflect the new ownership limits adopted in the Third Report
and Order and Second Notice of Proposed Rulemaking, FCC 07-204
(released December 11, 2007), namely, that an entity may own only one
LPFM station. By amending the Rules to permanently limit LPFM
eligibility, the Commission is protecting the public interest in
localism and fostering greater diversity of programming from community
sources. Forms 314 and 315 have also been revised to reflect the three-
year holding period of an LPFM license, as adopted in the Third Report
and Order, during which a licensee cannot transfer or assign a license,
and must operate the station. That restriction will prevent entities
from using the LPFM assignment and transfer process to undermine the
Commission's LPFM policies and will ensure that the benefits to the
public which were the basis for the license grant will be realized.
On December 18, 2007, the Commission adopted a Report and Order and
Order on Reconsideration in its 2006 Quadrennial Regulatory Review of
the Commission's Broadcast Ownership Rules pursuant to Section 202 of
the Telecommunications Act of 1996, MB Docket No. 06-121, FCC 07-216.
Section 202 requires the Commission to review its broadcast ownership
rules every four years and determine whether any of such rules are
necessary in the public interest. Further, Section 202 requires the
Commission to repeal or modify any regulation it determines to be no
longer in the public interest.
Consistent with actions taken by the Commission in the 2006
Quadrennial Regulatory Review, the following changes are made to Forms
314 and 315: The instructions to Forms 314 and 315 have been revised to
include a reference to the 2006 Quadrennial Regulatory Review as a
source of information regarding the Commission's multiple ownership
attribution policies and standards. The language in Section A, IV of
Worksheet 3 in Forms 314 and 315 is revised. This worksheet is
used in connection with Section III, Item 6b of Form 314 and Section
IV, Item 8b of Form 315 to determine the applicant's compliance with
the Commission's multiple ownership rules and cross-ownership rules set
forth in 47 CFR 73.3555. The revisions to the worksheet account for
changes made by the Commission in the 2006 Quadrennial Review to 47 CFR
73.3555(d), the Daily Newspaper Cross-Ownership Rule. The revised rule
changes the circumstances under which an entity may own a daily
newspaper and a radio station or television station in the same
designated market area. In Section B of Worksheet 3 of Form
314, the description of a ``Daily Newspaper'' is changed to comport to
the definition of ``Newspaper'' contained in 47 CFR 73.3555(c)(3)(iii)
that the Commission revised in the 2006 Quadrennial Regulatory Review.
In Section B of Worksheet 3 of Form 315, language from 47 CFR
73.3555(d) is added to assist applicants in their determination of
compliance with the Daily Newspaper Cross-Ownership Rule. Therefore, 47
CFR 73.3555(d) (daily newspaper cross-ownership rule) states:
(1) No license for an AM, FM or TV broadcast station shall be
granted to any party (including all parties under common control) if
such party directly or indirectly owns, operates or controls a daily
newspaper and the grant of such license will result in:
(i) The predicted or measured 2 mV/m contour of an AM station,
computed in accordance with Sec. 73.183 or Sec. 73.186, encompassing
the entire community in which such newspaper is published; or (ii) The
predicted 1 mV/m contour for an FM station, computed in accordance with
Sec. 73.313, encompassing the entire community in which such newspaper
is published; or (iii) The Grade A contour of a TV station, computed in
accordance with Sec. 73.684, encompassing the entire community in
which such newspaper is published.
(2) Paragraph (1) shall not apply in cases where the Commission
makes a finding pursuant to Section 310(d) of the Communications Act
that the public interest, convenience, and necessity would be served by
permitting an entity that owns, operates or controls a daily newspaper
to own, operate or control an AM, FM, or TV broadcast station whose
relevant contour encompasses the entire community in which such
newspaper is published as set forth in paragraph (1).
(3) In making a finding under paragraph (2), there shall be a
presumption that it is not inconsistent with the public interest,
convenience, and necessity for an entity to own, operate or control a
daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV
broadcast station whose relevant contour encompasses the entire
community in which such newspaper is published as set forth in
paragraph (1), provided that, with respect to a combination including a
commercial TV station:
(i) The station is not ranked among the top four TV stations in the
DMA, based on the most recent all-day (9 a.m.-midnight) audience share,
as measured by Nielsen Media Research or by any comparable
professional, accepted audience ratings service; and (ii) At least 8
independently owned and operated major media voices would remain in the
DMA in which the community of license of the TV station in question is
located (for purposes of this provision major media voices include
full-power TV broadcast stations and major newspapers).
(4) In making a finding under paragraph (2), there shall be a
presumption that it is inconsistent with the public interest,
convenience, and necessity for an entity to own, operate or control a
daily newspaper and an AM, FM or TV broadcast station whose relevant
contour encompasses the entire community in which such newspaper is
published as set forth in paragraph (1) in a DMA other than the top 20
Nielsen DMAs or in any circumstance not covered under paragraph (3).
(5) In making a finding under paragraph (2), the Commission shall
consider:
(i) Whether the combined entity will significantly increase the
amount of local news in the market; (ii) whether the newspaper and the
broadcast outlets each will continue to employ its own staff and each
will exercise its own independent news judgment; (iii) the level of
concentration in the Nielsen Designated Market Area (DMA); and (iv) the
financial condition of the newspaper or broadcast station, and if the
newspaper or broadcast station is in
[[Page 29757]]
financial distress, the proposed owner's commitment to invest
significantly in newsroom operations.
(6) In order to overcome the negative presumption set forth in
paragraph (4) with respect to the combination of a major newspaper and
a television station, the applicant must show by clear and convincing
evidence that the co-owned major newspaper and station will increase
the diversity of independent news outlets and increase competition
among independent news sources in the market, and the factors set forth
above in paragraph (5) will inform this decision.
(7) The negative presumption set forth in paragraph (4) shall be
reversed under the following two circumstances:
(i) the newspaper or broadcast station is failed or failing; or
(ii) the combination is with a broadcast station that was not offering
local newscasts prior to the combination, and the station will initiate
at least seven hours per week of local news programming after the
combination.
FCC Form 314 and the applicable exhibits/explanations are required
to be filed when applying for consent for assignment of an AM, FM, LPFM
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.
FCC Form 315 and applicable exhibits/explanations are required to
be filed when applying for transfer of control of an entity holding an
AM, FM, LPFM 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. Due to the similarities in the
information collected by these two forms, OMB has assigned both forms
OMB Control Number 3060-0031.
47 CFR 73.3580 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.
OMB Control: 3060-0110.
Title: Application for Renewal of Broadcast Station License.
Form Number: FCC Form 303-S.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents and Responses: 3,217 respondents, 3,217
responses.
Obligation to Respond: Required to obtain benefits--Statutory
authority for this collection of information is contained in Sections
154(i), 303, 307 and 308 of the Communications Act of 1934, as amended,
and Section 204 of the Telecommunications Act of 1996.
Estimated Time per Response: 1-11.83 hours.
Frequency of Response: Every eight year reporting requirement;
Third party disclosure requirement.
Total Annual Burden: 6,335 hours.
Total Annual Costs: $1,730,335.
Nature of Response: Required to obtain or retain benefits.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this information collection.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: On December 18, 2007, the Commission adopted a
Report and Order and Order on Reconsideration in its 2006 Quadrennial
Regulatory Review of the Commission's Broadcast Ownership Rules
pursuant to Section 202 of the Telecommunications Act of 1996, MB
Docket No. 06-121, FCC 07-216. Section 202 requires the Commission to
review its broadcast ownership rules every four years and determine
whether any of such rules are necessary in the public interest.
Further, Section 202 requires the Commission to repeal or modify any
regulation it determines to be no longer in the public interest.
Consistent with actions taken by the Commission in the 2006
Quadrennial Regulatory Review, changes are made to Form 303-S to
account for revisions made to 47 CFR 73.3555(d), the Daily Newspaper
Cross-Ownership Rule. The revised rule changes the circumstances under
which an entity may own a daily newspaper and a radio station or
television station in the same designated market area. In Section III
of Form 303-S, a new Question 7 is added which asks the licensee to
certify that neither it nor any party to the application has an
attributable interest in a newspaper that is within the scope of 47 CFR
73.3555(d). Instructions for this new question are added to Form 303-S,
and include a reference to the 2006 Quadrennial Regulatory Review as a
source of information regarding the Commission's newspaper/broadcast
cross-ownership rule. Therefore, 47 CFR 73.3555(d) (daily newspaper
cross-ownership rule) states:
(1) No license for an AM, FM or TV broadcast station shall be
granted to any party (including all parties under common control) if
such party directly or indirectly owns, operates or controls a daily
newspaper and the grant of such license will result in:
(i) The predicted or measured 2 mV/m contour of an AM station,
computed in accordance with Sec. 73.183 or Sec. 73.186, encompassing
the entire community in which such newspaper is published; or (ii) The
predicted 1 mV/m contour for an FM station, computed in accordance with
Sec. 73.313, encompassing the entire community in which such newspaper
is published; or (iii) The Grade A contour of a TV station, computed in
accordance with Sec. 73.684, encompassing the entire community in
which such newspaper is published.
(2) Paragraph (1) shall not apply in cases where the Commission
makes a finding pursuant to Section 310(d) of the Communications Act
that the public interest, convenience, and necessity would be served by
permitting an entity that owns, operates or controls a daily newspaper
to own, operate or control an AM, FM, or TV broadcast station whose
relevant contour encompasses the entire community in which such
newspaper is published as set forth in paragraph (1).
(3) In making a finding under paragraph (2), there shall be a
presumption that it is not inconsistent with the public interest,
convenience, and necessity for an entity to own, operate or control a
daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV
broadcast station whose relevant contour encompasses the entire
community in which such newspaper is published as set forth in
paragraph (1), provided that, with respect to a combination including a
commercial TV station,
(i) The station is not ranked among the top four TV stations in the
DMA, based on the most recent all-day (9 a.m.-midnight) audience share,
as measured by Nielsen Media Research or by any comparable
professional, accepted audience ratings service; and (ii) At least 8
independently owned and operating major media voices would remain in
the DMA in which the community of license of the TV station in question
is located (for purposes of this provision major media voices include
full-power TV broadcast stations and major newspapers).
[[Page 29758]]
(4) In making a finding under paragraph (2), there shall be a
presumption that it is inconsistent with the public interest,
convenience, and necessity for an entity to own, operate or control a
daily newspaper and an AM, FM or TV broadcast station whose relevant
contour encompasses the entire community in which such newspaper is
published as set forth in paragraph (1) in a DMA other than the top 20
Nielsen DMAs or in any circumstance not covered under paragraph (3).
(5) In making a finding under paragraph (2), the Commission shall
consider:
(i) Whether the combined entity will significantly increase the
amount of local news in the market; (ii) whether the newspaper and the
broadcast outlets each will continue to employ its own staff and each
will exercise its own independent news judgment; (iii) the level of
concentration in the Nielsen Designated Market Area (DMA); and (iv) the
financial condition of the newspaper or broadcast station, and if the
newspaper or broadcast station is in financial distress, the proposed
owner's commitment to invest significantly in newsroom operations.
(6) In order to overcome the negative presumption set forth in
paragraph (4) with respect to the combination of a major newspaper and
a television station, the applicant must show by clear and convincing
evidence that the co-owned major newspaper and station will increase
the diversity of independent news outlets and increase competition
among independent news sources in the market, and the factors set forth
above in paragraph (5) will inform this decision.
(7) The negative presumption set forth in paragraph (4) shall be
reversed under the following two circumstances:
(i) The newspaper or broadcast station is failed or failing; or
(ii) the combination is with a broadcast station that was not offering
local newscasts prior to the combination, and the station will initiate
at least seven hours per week of local news programming after the
combination.
OMB Control Number: 3060-0920.
Title: Application for Construction Permit for a Low Power FM
Broadcast Station.
Form Number: FCC Form 318.
Type of Review: Revision 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--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 hours-12 hours.
Total Annual Burden: 34,396 hours.
Total Annual Costs: $23,850.
Confidentiality: No need for confidentiality required.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On December 11, 2007, the FCC released a Third
Report and Order and Second Further Notice of Proposed Rulemaking
(``Third Report and Order'') MM Docket No. 99-25, FCC 07-204. In the
Third Report and Order, the FCC extended the local standards for rural
markets. Under the old Rules, an LPFM applicant was deemed local if it
was physically headquartered or had a campus within ten miles of the
proposed LPFM transmitter site, or if 75 percent of its board members
resided within ten miles of the proposed LPFM transmitter site. The
Third Report and Order modified the ten-mile requirement to twenty
miles for all LPFM applicants for proposed facilities in other than the
top fifty urban markets, for both the distance from transmitter and
residence of board member standards. We have revised the Form 318 to
reflect this extension of local standards for rural markets. While the
overall number of respondents increases because the Rule change expands
the universe of eligible applicants, there are no new information
collection requirements with respect to completion of the Form 318.
In the Third Report and Order, the Commission also delegated to the
Media Bureau the authority to consider Section 73.807 waiver requests
from certain LPFM stations. When implementation of a full-service
station community of license modification would result in an increase
in interference caused to the LPFM station or its displacement, the
LPFM station may seek a second-adjacent channel short spacing waiver in
connection with an application proposing operations on a new channel.
Such waiver requests would be filed on a Form 318.
The Third Report and Order also allows LPFM stations to file waiver
requests of Section 73.809 of the Rules if: (1) It is at risk of
displacement by an encroaching full-service station modification
application and no alternative channel is available, and (2) it can
demonstrate that it has regularly provided at least eight hours per day
of locally originated programming. LPFM stations that wish to make a
showing under this waiver standard must file an informal objection to
the ``encroaching'' community of license modification application.
FCC Form 318 is required: (1) To apply for a construction permit
for a new Low Power FM (LPFM) station; (2) to make changes in the
existing facilities of such a station; or (3) to amend a pending FCC
Form 318 application.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-11494 Filed 5-21-08; 8:45 am]
BILLING CODE 6712-01-P