[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Notices]
[Pages 78022-78024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28530]


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FEDERAL COMMUNICATIONS COMMISSION


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

December 21, 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 No. 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

[[Page 78023]]

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 February 28, 2005. 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 Cathy 
Williams, Federal Communications Commission, Room 1-C823, 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 Cathy Williams at (202) 418-
2918 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 Form 301.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 3,247.
    Estimated Time per Response: 2 to 4 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 8,380 hours.
    Total Annual Cost: $44,630,924.
    Privacy Impact Assessment: No impact(s).
    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. This collection also 
includes the third party disclosure requirement of 47 CFR 73.3580, 
requiring local public notice in a newspaper of general circulation of 
the filing of all construction permit applications. 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. Applicants will not have to supply full legal or financial 
qualification information.
    On June 24, 2004, the U.S. Court of Appeals for the Third Circuit 
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in 
which it upheld certain aspects of the Commission's new media ownership 
rules adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)), 
specifically those dealing with local radio ownership, while requiring 
further explanation for all other aspects of the new rules. In 
particular, the Court held that the use of Arbitron Metro markets, the 
inclusion of noncommercial stations in determining radio market size, 
the attribution of joint sale agreements, and certain transfer 
restrictions are consistent with the Administrative Procedure Act. The 
Court stated that its prior stay of all new ownership rules would 
remain in effect pending the outcome of the remand proceeding. The 
Commission filed a petition for rehearing requesting that the Court 
lift the stay partially--i.e., with respect to the radio ownership 
rules which the Court's Remand Order upheld. On September 3, 2004, the 
Court granted the Commission's petition, thus partially lifting the 
stay (``Rehearing Order''). As a result of the Rehearing Order, the new 
radio ownership rules took effect September 3, 2004.
    Under the new radio ownership rules, radio Joint Sales Agreements 
(JSAs) are attributable and radio applicants are required to submit as 
a part of the FCC Form 301 a copy of any attributable JSA or time 
brokerage agreement.
    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License, FCC Form 314.
    Form Number: FCC Form 314.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,225.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 3,990 hours.
    Total Annual Cost: $16,017,631.25.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 314 and applicable exhibits/explanations 
are required to be filed 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.
    This collection also includes the third party disclosure 
requirement of 47 CFR 73.3580, requiring local public notice in a 
newspaper of general circulation of the filing of all applications for 
assignment of license/permit. 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 June 24, 2004, the U. S. Court of Appeals for the Third Circuit 
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in 
which it upheld certain aspects of the Commission's new media ownership 
rules adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)), 
specifically those dealing with local radio ownership, while requiring 
further explanation for all other aspects of the new rules. In 
particular, the Court held that the use of Arbitron Metro markets, the 
inclusion of noncommercial stations in determining radio market size, 
the attribution of joint sale agreements, and certain transfer 
restrictions are consistent with the Administrative Procedure Act. The 
Court stated that its prior stay of all new ownership rules would 
remain in effect pending the outcome of the remand proceeding. The 
Commission filed a petition for rehearing requesting that the Court 
lift the stay partially--i.e., with respect to the radio ownership 
rules which the Court's Remand Order upheld. On September 3, 2004, the 
Court granted the Commission's petition, thus partially lifting the 
stay (``Rehearing Order''). As a result of the Rehearing

[[Page 78024]]

Order, the new radio ownership rules took effect September 3, 2004.
    Under the new radio ownership rules, radio Joint Sales Agreements 
(JSAs) are attributable and radio applicants are required to submit as 
a part of the FCC Form 301 a copy of any attributable JSA or time 
brokerage agreement.
    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: FCC Form 315.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,225.
    Estimated Time per Response: 1 to 2 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 3,990 hours.
    Total Annual Cost: $16,017,631.25.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: 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, requiring local public notice in a 
newspaper of general circulation of the filing of all applications for 
transfer of control. Additionally, an applicant for transfer of control 
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 June 24, 2004, the U. S. Court of Appeals for the Third Circuit 
(the ``Court'') issued an Opinion and Judgment (``Remand Order'') in 
which it upheld certain aspects of the Commission's new media ownership 
rules adopted on June 2, 2003 (See 18 FCC Rcd 13620 (2003)), 
specifically those dealing with local radio ownership, while requiring 
further explanation for all other aspects of the new rules. In 
particular, the Court held that the use of Arbitron Metro markets, the 
inclusion of noncommercial stations in determining radio market size, 
the attribution of joint sale agreements, and certain transfer 
restrictions are consistent with the Administrative Procedure Act. The 
Court stated that its prior stay of all new ownership rules would 
remain in effect pending the outcome of the remand proceeding. The 
Commission filed a petition for rehearing requesting that the Court 
lift the stay partially--i.e., with respect to the radio ownership 
rules which the Court's Remand Order upheld. On September 3, 2004, the 
Court granted the Commission's petition, thus partially lifting the 
stay (``Rehearing Order''). As a result of the Rehearing Order, the new 
radio ownership rules took effect September 3, 2004.
    Under the new radio ownership rules, radio Joint Sales Agreements 
(JSAs) are attributable and radio applicants are required to submit as 
a part of the FCC Form 301 a copy of any attributable JSA or time 
brokerage agreement.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-28530 Filed 12-28-04; 8:45 am]
BILLING CODE 6712-10-P