[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42162-42164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15865]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted to OMB 
for Review and Approval

June 28, 2004.
SUMMARY: The Federal Communications Commissions, 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 comments should be submitted on or before August 13, 
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 comments to Les Smith, Federal Communications 
Commission, Room 1-A804, 445 12th Street, SW., Washington, DC 20554 or 
via the Internet to [email protected] or Kristy L. LaLonde, Office 
of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, 
(202) 395-3087 or via the Internet at [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copy 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, FCC Form 301.
    Form Number: FCC 301.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business and other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,570.
    Estimated Time per Response: 2 to 4 hours.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 5,827 hours.
    Total Annual Costs: $30,811,550.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On September 3, 2003, the United States Circuit 
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 
Docket 01-235, 01-237, and 00-244, and Notice of Proposed Rulemaking, 
In the Matter of 2020 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.
    Licensees/permittees use FCC Form 301 to apply for authority to 
construct a new commercial AM, FM, or TV broadcast station or to make 
changes to the existing facilities of such a station. In addition, FM 
licensees/permittees may use Form 301 to request 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. Applicants using this ``one step'' process must 
demonstrate that a suitable site exists, which complies with allotment 
standards, i.e., minimal distance separation and city-grade coverage, 
and is suitable for tower construction. Commercial broadcast licensees 
must file Form 301 for a construction permit to receive

[[Page 42163]]

authorization to commence DTV operation. 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. Under 47 CFR 73.3580, 
applicants must publish a notice in a local paper of general 
circulation when filing for new or major changes in facilities. A copy 
of the public notice is to be kept with the application in the 
station's public file.

    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License.
    Form Number: 314.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; and Not-for-
profit institutions.
    Number of Respondents: 1,591.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 2,547 hours.
    Total Annual Costs: $12,356,203.
    Privacy Impact Assessment: No impact(s).
    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 02-2777 and MM Docket 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.
    Applicants must file FCC Form 314 and applicable exhibits/
explanations when applying for consent to 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.
    Under 47 CFR 73.3580, applicants must publish a notice in a local 
paper of general circulation when filing for assignment of all 
licenses/permits. A copy of the notice is to be kept with the 
application in the station's public file. Additionally, an applicant 
for assignment of license must broadcast the same notice from the 
station in the second week immediately following the tendering for the 
application filing. On April 4, 2000, the Commission adopted a Report 
and Order in MM Docket 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 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 license approved as a 
result of evaluations in a point system. FCC Form 314 has been revised 
to reflect the new policy and to require stations authorized under the 
point system, which have not operated for a four-year period, to submit 
with their applications an exhibit demonstrating compliance with 47 CFR 
73.7005. The FCC staff use the data to determine whether the applicants 
meet basic statutory requirements to become a Commission licensee/
permittee and to assure that the public interest is 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, FCC Form 315.
    Form Number: 315.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; and Not-for-
profit institutions.
    Number of Respondents: 1,591.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 2,547 hours.
    Total Annual Costs: $12,356,203.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On September 3, 2003, the United States Court of 
Appeals for the Third Circuit issues an Order staying the effectiveness 
of the new media ownership rules adopted by the Commission on June 2, 
2003. (Report and Order, MB Docket 02-2777 and MM Docket 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.
    Applicants must file FCC Form 315 and applicable exhibits/
explanations 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.
    Under 47 CFR 73.3580, applicants must publish a notice in a local 
paper of general circulation when filing all applications for transfer 
of control any license/permit. A copy of the public notice is to be 
kept with the application in the station's public file. Additionally, 
an applicant for transfer of control of license must broadcast the same 
notice from the station in the second week immediately following the 
tendering for the application filing.
    On April 4, 2000, the Commission adopted a Report and Order in MM 
Docket 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 
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 license approved as a result of 
evaluations in a point system. The FCC Form 315 was revised to reflect 
the new policy and to require stations authorized under the point 
system, which have not operated for a four-year period, to submit with 
their applications an exhibit demonstrating compliance with

[[Page 42164]]

47 CFR 73.7005. The FCC staff use the data to determine whether the 
applicants meet basic statutory requirements to become a Commission 
licensee/permittee and to assure that the public interest is served by 
grant of the application.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-15865 Filed 7-13-04; 8:45 am]
BILLING CODE 6712-01-P