[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Pages 34185-34186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16629]



[[Page 34185]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) being Reviewed by the 
Federal Communications Commission

June 16, 1998.
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 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 comments should be submitted on or before August 24, 
1998.  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: Direct all comments to Judy Boley, Federal Communications 
Commission, Room 234, 1919 M St., NW., Washington, DC 20554 or via 
internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Judy Boley at 202-418-0214 or 
via internet at [email protected].

SUPPLEMENTARY INFORMATION:
OMB Approval No.: 3060-0405.
    Title: Application for Authority to Construct or Make Changes in an 
FM Translator or FM Booster Station.
    Form No.: FCC 349.
    Type of Review: Extension of currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 875.
    Estimated Hours Per Response: 16 hours (4 hours respondent, 1.5 
hours contract attorney, 10.5 hours consulting engineer).
    Frequency of Response: On occasion reporting requirement.
    Cost to Respondents: $2,492,000.
    Estimated Total Annual Burden: 3,500.
    Needs and Uses: FCC 349 is used to apply for authority to construct 
a new FM translator or FM booster broadcast station, or to make changes 
in the existing facilities of such stations. This collection also 
includes the third party disclosure requirement of Section 73.3580. 
This section requires local public notice in a newspaper of general 
circulation of the filing of all applications for new or major change 
in facilities. 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. The data is used by FCC staff to ensure that the 
applicant meets basic statutory requirements and will not cause 
interference to other licensed broadcast services.
OMB Approval No.: 3060-0662.
    Title: Section 21.930, Five year build-out requirements.
    Form No.: N/A.
    Type of Review: Extension of currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents: 493.
    Estimated Hours Per Response: 4 hours (1 hour respondent, 3 hours 
consulting engineer).
    Frequency of Response: On occasion reporting requirement.
    Cost to Respondents: $184,975.
    Estimated Total Annual Burden: 493.
    Needs and Uses: A BTA authorization holder has a five-year build-
out period, beginning on the date of the grant of the BTA authorization 
and terminating on the 5th year anniversary of the grant of the 
authorization, within which it may develop and expand MDS station 
operations within its service area. Section 21.930(c) requires the 
Basic Trading Area (BTA) holder to file with the Commission a 
demonstration that the holder has met construction requirements. This 
demonstration must be filed sixty days prior to the end of the five 
year build-out period. These filings will not occur until FY 2001. (The 
certification of completion of construction (FCC 304-A) required by 
Section 21.930(a)(3) has separate OMB approval under control number 
3060-0664.) The data is used by FCC staff to determine if the BTA 
holder has met its construction requirements and to ensure that service 
is promptly delivered to the public. The Commission will issue a 
declaration that the holder has met the construction requirements.

OMB Approval No.: 3060-0660.
    Title: Section 21.937, Negotiated Interference Protection.
    Form No.: N/A.
    Type of Review: Extension of currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents: 75.
    Estimated Hours Per Response: 30 hours (6 hours respondent, 8 hours 
contract attorney, 16 hours consulting engineer).
    Frequency of Response: On occasion reporting requirement.
    Cost to Respondents: $270,000.
    Estimated Total Annual Burden: 450 hours.
    Needs and Uses: Under Section 21.937, the level of acceptable 
electromagnetic interference that occurs at or within the boundaries of 
an adjacent Basic Trading Area (BTA), partitioned service area or an 
incumbent MDS station's protected service area, can be negotiated and 
established with the written consent of the affected licensee. Thus, 
Section 21.937 permits negotiated interference agreements among these 
parties. These written agreements must be submitted to the Commission 
within thirty days of ratification. (These agreements are often 
included with the submission of the FCC 304 attached as Exhibits.) 
These agreements allow the parties to establish acceptable levels of 
interference based on the design of their stations and service needs. 
These agreements are the most effective means of regulating 
interference and they provide flexibility in designing MDS systems.

OMB Approval No.: 3060-0657.
    Title: Section 21.956, Filing of long-form applications or 
statements of intention.
    Form No.: N/A.
    Type of Review: Extension of currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents: 2.
    Estimated Hours Per Response: 3.0 hours (1.0 hour respondent, 2 
hours consulting engineer).
    Frequency of Response: On occasion reporting requirement.
    Cost to Respondents: $900.
    Estimated Total Annual Burden: 2 hours.

[[Page 34186]]

    Needs and Uses: Where the Basic Trading Area (BTA) is so heavily 
encumbered that the winning bidder is unable to file a long-form 
application for a station within the BTA while protecting incumbents 
from harmful interference, the winning bidder must file a statement of 
intention of use of the BTA in accordance with Section 21.956. This 
statement of intention must identify all incumbents and describe in 
detail its plan for obtaining the authorized/proposed MDS stations 
within the BTA. This statement must also include the exhibits detailed 
in 21.956(b). The long-form application (FCC 304) has separate OMB 
approval under control number 3060-0654. The data is used by FCC staff 
to determine whether to grant a BTA authorization.

OMB Approval No.: 3060-0654.
    Title: Application for a Multipoint Distribution Service 
Authorization.
    Form No.: FCC 304.
    Type of Review: Revision of a currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents: 500.
    Estimated Hours Per Response: 19 hours (1 hour respondent, 16 hours 
consulting engineer, 2 hours contract attorney).
    Frequency of Response: On occasion reporting requirement.
    Cost to Respondents: $1,495,000.
    Estimated Total Annual Burden: 500 hours.
    Needs and Uses: The FCC 304 will be used by existing MDS operators 
to modify their stations or to add a signal booster station. It will 
also be used by some winning bidders in the competitive bidding process 
to propose facilities to provide wireless cable service over any usable 
MDS channels within their Basic Trading Area (BTA). The Commission has 
revised the FCC Form 304 to further streamline the application process 
and to accommodate electronic filing. This collection of information 
also includes the burden for the technical rules involving the 
interference or engineering analysis and service requirements under 
Sections 21.902, 21.913 and 21.938. These analyses will not be 
submitted with the application but will be retained by the operator and 
must be made available to the Commission upon request. The data is used 
by FCC staff to ensure that the applicant is legally, technically and 
otherwise qualified to become a Commission licensee. MDS/ITFS 
applicants/licensees will need this information to perform the 
necessary analyses of the potential for harmful interference to their 
facility.

OMB Approval No.: 3060-0664.
    Title: Certification of Completion of Construction for a Multipoint 
Distribution Service Station.
    Form No.: FCC 304A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents: 300.
    Estimated Hours Per Response: 0.5 hours.
    Frequency of Response: On occasion reporting requirement.
    Cost to Respondents: N/A.
    Estimated Total Annual Burden: 150 hours.
    Needs and Uses: The FCC 304A will be used to certify that the 
facilities as authorized in the FCC 304 have been completed and that 
the station is now operational, ready to provide service to the public. 
The Commission has revised the FCC Form 304 to further streamline the 
application process and to accommodate electronic filing. Each license 
will specify as a condition that upon the completion of construction, 
the licensee must file with the Commission an FCC 304A, certifying that 
the facilities as authorized have been completed and that the station 
is now operational and ready to provide service to the public. The 
conditional license shall be automatically forfeited upon the 
expiration of the construction period specified in the license unless 
within 5 days after that date an FCC 304A has been filed with the 
Commission.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 98-16629 Filed 6-22-98; 8:45 am]
BILLING CODE 6712-01-F