[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Notices]
[Pages 48389-48391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20537]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection(s) Requirement Submitted to OMB for 
Emergency Review and Approval

August 7, 2003.
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 September 12, 
2003. 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 comments to Kim A. Johnson, Office of Management 
and Budget, Room 10236 NEOB, Washington, DC 20503, (202) 395-3562 or 
via internet at [email protected], and Les Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554 or via internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Les Smith at 202-418-0217 or via 
internet at [email protected].

SUPPLEMENTARY INFORMATION: The Commission has requested emergency OMB 
review of this collection with an approval by August 1, 2003.

    OMB Control Number: 3060-XXXX.
    Type of Review: New collection.
    Title: Broadcast Ownership Rules, R&O in MB Docket No. 02-277 and 
MM Docket Nos. 02-235, 02-327, and 00-244.
    Form Number: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 12.
    Estimated Time per Response: 2 to 10 hours.
    Frequency of Response: One-time reporting requirement.
    Total Annual Burden: 12 hours.
    Total Annual Cost: None.
    Needs and Uses: On June 2, 2003, the Commission adopted a Report 
and Order and Notice of Proposed Rulemaking (R&O and NPRM) In the 
Matter of 2002 Biennial Regulatory Review--Review of the Commission's 
Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 
202 of the Telecommunications Act of 1996, MB Docket No. 02-277, Cross-
Ownership of Broadcast Stations and Newspapers, MM Docket No. 01-235, 
Rules and Policies Concerning Multiple Ownership of Radio Broadcast 
Stations in Local Markets, MM Docket No. 01-317, Definition of Radio 
Markets, MM Docket No. 00-244, and Definition of Radio Markets for 
Areas Not Located in an Arbitron Survey Area, MB Docket No. 03-130, FCC 
03-127, released July 2, 2003. The R&O, accompanied by the NPRM in MB 
Docket 03-130, arise from our proceeding, in compliance with Section 
202(h) of the Telecommunications Act of 1996 (the Act), which requires 
that the Commission review its broadcast ownership rules every two 
years. Generally speaking, the actions adopted in the R&O eliminate or 
relax regulations on licensees. The actions will modify or eliminate 
some PRA burdens and also add new showings to assist the Commission in 
determining that licensees remain in compliance with our rules and 
policies. The NPRM invites comment on an aspect of the revised market 
definition for the local radio ownership rule. The R&O contains several 
one-time reporting requirements which are outside of form collections, 
affecting licensees with: temporary waivers, conditional waivers, 
pending waiver requests, extensions of waivers, or requests for 
permanent waivers. These reporting requirements were adopted to ensure 
compliance with the new broadcast ownership rules and to ensure the 
rules' effectiveness.

    OMB Control Number: 3060-0031.
    Type of Review: Revision of a currently approved collection.
    Title: Application for Consent to Assignment of Broadcast Station

[[Page 48390]]

Construction Permit or License, FCC Form 314.
    Form Number: FCC 314.
    Respondents: Business or other for-profit entities; Not-for-profit 
institution.
    Number of Respondents: 1,825.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 3,800 hours.
    Total Annual Cost: $15,572,081.25.
    Needs and Uses: FCC Form 314 and the applicable exhibits/
explanations are required to be filed when applying for consent for 
assignment of an AM, FM or TV broadcast station construction permit or 
license, along with applicable exhibits and explanations. In addition, 
the applicant must notify the Commission when an approval assignment of 
a broadcast station construction permit or license has been 
consummated. Specific to this collection of information approved under 
OMB control number 3060-0031, and in accordance with paragraph 498 of 
the R&O, the Commission will require all applicants to submit an 
exhibit demonstrating compliance with the Commission's multiple 
ownership rules and cross-media limits, or supporting an exemption 
from, or waiver of, 47 CFR 73.3555. With respect to radio station 
assignment applications, we will require parties to show compliance 
with the local radio ownership rule using either the interim contour-
overlap methodology previously called for in FCC Form 314, or the newly 
adopted geographic-based Arbitron Metro methodology. Under our modified 
rules, Joint Sales Agreements (JSAs) will be attributable. A JSA is 
defined as an agreement with a licensee of a brokered station that 
authorizes the broker to sell advertising time for the brokered station 
in return for a fee paid to the licensee. Parties with attributable 
radio JSAs at the time of filing an FCC Form 314 will now be required 
to file a copy of the JSA as part of the application. With respect to 
pending radio station assignment applications, the parties are required 
to amend their applications by submitting attributable JSAs. In 
addition, parties with existing attributable JSAs in Arbitron Metro 
markets will be required to file a copy of the JSA within 60 days of 
the effective date of the R&O. For JSAs involving radio stations 
located outside of Arbitron Metros, we will require such JSAs to be 
filed within 60 days of the effective date of our decision in Docket 
03-130, as mentioned above, unless a different date is announced in 
that decision. With respect to television station assignment 
applications, the parties will, for the first time, be required to 
submit an exhibit identifying the relevant Designated Market Area (DMA) 
as measured by Nielson Research, the number of commercial and 
noncommercial education stations in the DMA, and the market rankings of 
the top-four commercial television stations. Radio and television 
applicants will now also be required to submit as part of FCC Form 314 
a copy of any attributable time brokerage agreement (``TBA'') (see 47 
CFR 73.3613 for definition) pursuant to which the assignee will supply 
programming to the station(s) subject to the application or with any 
other station in the same market as the station(s) subject to the 
application. 47 CFR 73.3613 already required the filing of an TBA 
within 30 days of execution. On June 2, 2003, the Commission announced 
by Public Notice, DA 03-1877, that applicants with long-form assignment 
or transfer of control applications (FCC Form 314 or 315) or with 
modification applications (FCC Form 301) that were pending as of 
adoption date of the R&O may amend those applications by submitting new 
multiple ownership showings to demonstrate compliance with the new 
rules. Applicants may file such amendments once notice has been 
published by the Commission in the Federal Register that OMB has 
approved the information collection requirements contained in such 
amendments. Applicants may also submit a complete and adequate showing 
supporting a waiver of, or exemption from, the new rules. The 
Commission has established a freeze on the filing of all commercial 
radio and television assignment applications that require the use of 
FCC Form 314. The freeze will be in effect starting with the R&O's 
adoption date until notice has been published by the Commission in the 
Federal Register that OMB has approved the revised FCC Forms 314. Upon 
such publication, parties may file new applications, but only if they 
demonstrate compliance with the new multiple ownership rules adopted in 
the R&O, or submit complete and adequate showings that a waiver of the 
new rules is warranted.

    OMB Control Number: 3060-0032.
    Type of Review: Revision of a currently approved collection.
    Title: Application for Consent to Transfer Control of Entity 
Holding Broadcast Station Construction Permit or License, FCC Form 315.
    Form Number: FCC 315.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 1,825.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirements; third 
party disclosure.
    Total Annual Burden: 3,800 hours.
    Total Annual Cost: $15,572,081.25.
    Needs and Uses: 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 or TV broadcast station construction permit or 
license, along with applicable exhibits and explanations. 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. Specific to this collection of information approved under 
OMB control number 3060-0032, and in accordance with paragraph 498 of 
the R&O, the Commission will require all applicants to submit an 
exhibit demonstrating compliance with the Commission's multiple 
ownership rules and cross-media limits, or supporting an exemption 
from, or waiver of, 47 CFR 73.3555. With respect to radio station 
transfer of control applications, we will require parties to show 
compliance with the local radio ownership rule using either the interim 
contour-overlap methodology previously called for in FCC Form 315, or 
the newly adopted geographic-based Arbitron Metro methodology. Under 
our modified rules, Joint Sales Agreements (JSAs) will be attributable. 
Parties with attributable radio JSAs at the time of filing an FCC Form 
315 will now be required to file a copy of the JSA with the 
application. With respect to pending radio station transfer of control 
applications, the parties are required to amend their applications by 
submitting attributable JSAs. In addition, parties with existing 
attributable JSAs in Arbitron Metro markets will be required to file a 
copy of the JSA within 60 days of the effective date of the R&O. For 
JSAs involving radio stations located outside of Arbitron Metros, we 
will require such JSAs to be filed within 60 days of the effective date 
of our decision in Docket 03-130, as mentioned above, unless a 
different date is announced in that decision. With respect to 
television station transfer of control applications, the parties will, 
for the first time, be required to submit an exhibit identifying the 
relevant Designated Market Area (DMA) as measured by Nielson Research, 
the number of commercial and noncommercial education stations in the 
DMA, and the market rankings of the top-four

[[Page 48391]]

commercial television stations. Radio and television applicants will 
now also be required to submit as part of FCC Form 315 a copy of any 
attributable time brokerage agreement (TBA) (see 47 CFR 73.3613 for 
definition) pursuant to which the transferee will supply programming to 
the station(s) subject to the application, or with any other station in 
the same market as the station(s) subject to the application 47 CFR 
73.3613 already required the filing of an TBA within 30 days of 
execution. On June 2, 2003, the Commission announced by Public Notice, 
DA 03-1877, that applicants with long-form assignment or transfer of 
control applications (FCC Form 314 or 315) or with modification 
applications (FCC Form 301) that were pending as of adoption date of 
the R&O may amend those applications by submitting new multiple 
ownership showings to demonstrate compliance with the new rules. 
Applicants may file such amendments once notice has been published by 
the Commission in the Federal Register that OMB has approved the 
information collection requirements contained in such amendments. 
Applicants may also submit a complete and adequate showing supporting a 
waiver of, or exemption from, the new rules. The Commission has 
established a freeze on the filing of all commercial radio and 
television transfer of control applications that require the use of FCC 
Form 315. The freeze will be in effect starting with the R&O's adoption 
date until notice has been published by the Commission in the Federal 
Register that OMB has approved the revised FCC Form 315. Upon such 
publication, parties may file new applications, but only if they 
demonstrate compliance with the new multiple ownership rules adopted in 
the R&O, or submit complete and adequate showings that a waiver of the 
new rules is warranted.

    OMB Control Number: 3060-0027.
    Type of Review: Revision of a currently approved collection.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301.
    Form Number: FCC 301.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,450.
    Estimated Time per Response: 2 to 4 hours.
    Frequency of Response: On occasion requirements; Third party 
disclosure.
    Total Annual Burden: 5,620 hours.
    Total Annual Cost: $28,971,675.00.
    Needs and Uses: FCC Form 301 is used to apply for authority to 
construct a new commercial AM, FM, or TV broadcast station, or to make 
changes in existing facilities of such a station. In addition, FM 
licensees or permittees may request, by application on FCC Form 301, 
upgrades on adjacent and co-channels, modifications to adjacent 
channels of the same class and downgrades to adjacent channels without 
first submitting a petition for rulemaking. To receive authorization 
for commencement of Digital Television (``DTV'') operation, commercial 
broadcast licensees must file FCC Form 301 for a construction permit. 
This application may be filed anytime after receiving the initial DTV 
allotment but must be filed before mid-point in a particular 
applicant's required construction period. The Commission will consider 
these applications as minor changes in facilities. Applications will 
not have to supply full legal or financial qualification information.
    Specific to this collection of information approved under OMB 
control number 3060-0027, the Commission will require all applicants to 
submit an exhibit demonstrating compliance with the Commission's 
multiple ownership rules and cross-media limits, or supporting an 
exemption from, or waiver of, 47 CFR 73.3555. With respect to radio 
station construction permit applications, we will require parties to 
show compliance with the local radio ownership rule using either the 
interim contour-overlap methodology previously called for in FCC Form 
301, or the newly adopted geographic-based Arbitron Metro methodology. 
Under our modified rules Joint Sales Agreements (JSAs) will be 
attributable. Parties with attributable radio JSAs at the time of 
filing an FCC Form 301 will now be required to file a copy of the JSA 
as part of the application. With respect to television station 
construction permit applications, the parties will, for the first time, 
be required to submit an exhibit identifying the relevant Designated 
Market Area (DMA) as measured by Nielson Research, the number of 
commercial and noncommercial education stations in the DMA, and the 
market rankings of the top-four commercial television stations. Radio 
and television applicants are also required to submit a part of FCC 
Form 301 a copy of any attributable time brokerage agreement (see 47 
CFR 73.3613 for definition) pursuant to which the applicant will supply 
programming to the station(s) subject to the application or with any 
other station in the same market as the station(s) subject to the 
application. On June 2, 2003, the Commission announced by Public 
Notice, DA 03-1877, that applicants with FCC Form 301 applications 
pending as of the adoption date of the R&O may amend those applications 
by submitting new multiple ownership showings to demonstrate compliance 
with the new rules. Applicants may file such amendments once notice has 
been published by the Commission in the Federal Register that OMB has 
approved the information collection requirements contained in such 
amendments.
    Applicants may also submit a complete and adequate showing 
supporting a waiver of, or exemption from, the new rules.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 03-20537 Filed 8-12-03; 8:45 am]
BILLING CODE 6712-01-M