[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Notices]
[Page 64928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24958]


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FEDERAL COMMUNICATIONS COMMISSION


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

November 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 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 December 9, 
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 contacts listed below as soon as possible.

ADDRESSES: Direct all comments to 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], 
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 November 12, 2004.
    OMB Control Number: 3060-0185.
    Type of Review: Revision of a currently approved collection.
    Title: Section 73.3613, Filing of Contracts.
    Form Number: N/A.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,300.
    Estimated Hours per Response: 0.25 to 0.5 hours.
    Frequency of Response: Recordkeeping; On occasion reporting 
requirements; Third party disclosure.
    Total Annual Burden: 950 hours.
    Total Annual Cost: $80,000.
    Needs and Uses: In June 2003, the Commission adopted changes to 47 
CFR Section 73.3613 and the FCC's attribution rules. As a result, radio 
stations must now file agreements for the sale of advertising time 
(i.e., ``Joint Sales Agreements'' or ``JSAs'') that result in 
attribution under the Commission's multiple ownership rules. This 
section also requires certain contracts to be retained at the station 
and made available for inspection by the Commission upon request.
    On June 24, 2004, the Court issued an Opinion and Judgment 
(``Remand Order'') in which it upheld certain aspects of the new 
ownership rules, including the attribution of JSAs among radio 
stations, while requiring further explanation for certain other aspects 
of the new rules. The Court stated that its prior stay of the new rules 
would remain in effect pending the outcome of the remand proceeding. 
The Commission has not yet responded to the Remand Order, but in the 
meantime the Commission filed a petition for rehearing requesting that 
the Court lift the stay partially--i.e., with respect to the radio 
ownership and JSA attribution rules which the Court's Remand Order 
upheld.
    On September 3, 2004, the Court issued an Order (``Rehearing 
Order'') which partially granted the Commission's petition for 
rehearing, thus lifting the stay of the revised radio ownership and JSA 
attribution rules. As a result of the Rehearing Order, the Commission's 
revised radio ownership and JSA attribution rules took effect on 
September 3, 2004. Implementation of the new radio ownership and JSA 
attribution rules, as required by the Rehearing Order, triggers the 
requirement for certain licensees to begin filing JSAs.
    47 CFR 73.3613 requires licensees of television and radio broadcast 
stations to file with the Commission: (a) Contracts relating to 
ownership or control and personnel; and (b) time brokerage agreements 
that result in arrangements being counted under the Commission's 
multiple ownership rules. Television stations also must file network 
affiliation agreements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-24958 Filed 11-8-04; 8:45 am]
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