[Federal Register Volume 69, Number 29 (Thursday, February 12, 2004)]
[Notices]
[Pages 6989-6991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3054]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

February 2, 2004.
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, 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 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 April 12, 2004. 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 Paperwork Reduction Act (PRA) comments to Les 
Smith, Federal Communications Commission, Room 1-A804, 445 12th Street, 
SW., Washington, DC 20554 or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Les Smith at (202) 418-0217 
or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    Form Number: FCC 301.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; not-for-profit 
institutions.
    Number of Respondents: 3,370.
    Estimated Time per Response: 2 to 4 hours.
    Frequency of Response: On occasion reporting requirements; third 
party disclosure.
    Total Annual Burden: 7,427 hours.
    Total Annual Cost: $35,485,300.
    Needs and Uses: On September 3, 2003, the United States Court of 
Appeals for the Third Circuit issued an Order staying the effectiveness 
of the new media ownership rules adopted by the Commission on June 2, 
2003. (Report and Order, MB Docket 02-277 and MM Dockets 01-235, 01-
317, and 00-244, and Notice of Proposed Rulemaking, 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.) 68 FR 46285, August 5, 2003. The Court 
ordered ``that the prior ownership rules remain in effect pending 
resolution of these proceedings.'' Prometheus Radio Project v. FCC, No. 
03-3388 (3d Cir. Sept. 3, 2003) (per curiam). The Court's Order 
requires that the Commission process broadcast station applications 
under the prior ownership rules.
    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. All applicants using this one-step process 
must demonstrate that a suitable site exists which would comply with 
allotment standards with respect to minimum distance separation and 
city-grade coverage and which would be suitable for tower construction. 
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.

    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License.
    Form Number: FCC 314.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 1,591.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirement, third 
party disclosure requirement.

[[Page 6990]]

    Total Annual Burden: 2,546 hours.
    Total Annual cost: $12,237,878.
    Needs and Uses: On September 3, 2003, the United States Court of 
Appeals for the Third Circuit issued an Order staying the effectiveness 
of the new media ownership rules adopted by the Commission on June 2, 
2003. (Report and Order, MB Docket 02-277 and MM Dockets 01-235, 01-
317, and 00-244, and Notice of Proposed Rulemaking, 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.) 68 FR 46285, August 5, 2003. The Court 
ordered ``that the prior ownership rules remain in effect pending 
resolution of these proceedings.'' Prometheus Radio Project v. FCC, No. 
03-3388 (3d Cir. Sept. 3, 2003) (per curiam). The Court's Order 
requires that the Commission process broadcast station applications 
under the prior ownership rules.
    FCC Form 314 and 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. In addition, the 
applicant must notify the Commission when an approved assignment of a 
broadcast station construction permit or license has been consummated.
    This collection also includes the third party disclosure 
requirement of 47 CFR 73.3580. This section requires local public 
notice in a newspaper of general circulation of the filing of all 
applications for assignment 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 assignment 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.
    On April 4, 2000, the Commission adopted a Report and Order in MM 
Docket No. 95-31 in the Matter of Reexamination of the Comparative 
Standards for Noncommercial Educational Applicants. This Report and 
Order adopted new procedures to select among competing applicants for 
noncommercial educational (NCE) broadcast channels. The new procedures 
will use points to compare objective characteristics whenever there are 
competing applications for full-service radio or television channels 
reserved for NCE use. The new procedure established a four-year holding 
period of on-air operations for licenses approved as a result of 
evaluation in a point system. The FCC 314 has been revised to reflect 
the new policy and to require stations authorized under the point 
system who have not operated for a four-year period to submit with 
their applications an exhibit demonstrating compliance with 47 CFR 
73.7005. The data is used by the FCC staff to determine whether the 
applicants meet basic statutory requirements to become a Commission 
licensee/permittee and to assure that the public interest would be 
served by grant of the application.

    OMB Control Number: 3060-0032.
    Title: Application for Consent to Transfer Control of Entity 
Holding Broadcast Station Construction Permit or License.
    Form Number: FCC 315.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 1,591.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirement, third 
party disclosure.
    Total Annual Burden: 2,546 hours.
    Total Annual Cost: $12,237,878.
    Needs and Uses: On September 3, 2003, the United States Court of 
appeals for the Third Circuit issued an Order staying the effectiveness 
of the new media ownership rules adopted by the Commission on June 2, 
2003. (Report and Order, MB Docket 02-277 and MM Dockets 01-235, 01-
317, and 00-244, and Notice of Proposed Rulemaking, 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.) 68 FR 46285, August 5, 2003. The Court 
ordered ``that the prior ownership rules remain in effect pending 
resolution of these proceedings.'' Prometheus Radio Project v. FCC, No. 
03-3388 (3d Cir. Sept. 3, 2003) (per curiam). The Court's Order 
requires that the Commission process broadcast station applications 
under the prior ownership rules.
    FCC Form 315 and applicable exhibits/explanations are required to 
be filed when applying for transfer of control of a corporation holding 
an AM, FM 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.
    This collection also includes the third party disclosure 
requirement of 47 CFR 73.3580. This section 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.
    On April 4, 2000, the Commission adopted a Report and Order in MM 
Docket No. 95-31, In the Matter of Reexamination of the Comparative 
Standards for Noncommercial Educational Applicants. This Report and 
Order adopted new procedures to select among competing applicants for 
noncommercial educational (NCE) broadcast channels. The new procedures 
will use points to compare objective characteristics whenever there are 
competing applications for full-service radio or television channels 
reserved for NCE use. The new procedure established a four-year holding 
period of on-air operations for licenses approved as a result of 
evaluation in a point system. The FCC 315 has been revised to reflect 
the new policy and to require stations authorized under the point 
system who have not operated for a four-year period to submit with 
their applications an exhibit demonstrating compliance with 47 CFR 
73.7005. The data are used by the FCC staff to determine whether the 
applicants meet basic statutory requirements to become a Commission 
licensee/permittee and to assure that the public interest would be 
served by grant of the application.

    OMB Control Number: 3060-0405.
    Title: Application for Authority to Construct or Make Changes in an 
FM Translator or FM Booster Station.
    Form Number: FCC 349.
    Type of Review: Extension of currently approved collection.
    Respondents: Businesses or other for-profit entities; not-for-
profit institutions.
    Number of respondents: 1,050.
    Estimated Hours per Response: 1-3 hours.

[[Page 6991]]

    Frequency of Response: On occasion reporting requirements.
    Total Annual Burden: 2,750 hours.
    Total Annual Cost: $2,689,500.
    Needs and Uses: FCC Form 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. To satisfy 
the third party requirements under 47 CFR 73.3580, applicants must give 
notice of their applications for new or major changes in facilities in 
a local newspaper within 30 days, and copy of both the notice and the 
application must be placed in the public inspection. In addition, all 
mutually exclusive NCE proposals for the reserved band currently on 
file with the FCC are required to supplement their applications with 
portions of the revised FCC Form 349 necessary to make a selection 
under the new point system. The FCC will issue a public notice 
announcing the procedures to be used in this process. The data help the 
FCC to determine whether an applicant meets basic statutory 
requirements and will not cause interference to other licensed 
broadcast services. Where there are mutually exclusive, qualified 
applicants, the information is used to determine which proposal best 
serves the public interest.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-3054 Filed 2-11-04; 8:45 am]
BILLING CODE 6712-10-M