[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Notices]
[Pages 17083-17084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6561]


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FEDERAL COMMUNICATIONS COMMISSION


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

March 25, 2005.
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 May 4, 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 comments to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 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 Cathy Williams at (202) 418-2918 
or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0016.
    Title: Application for Authority to Construct or Make Changes to a 
Low Power TV, TV Translator, or TV Booster Station.
    Form Number: FCC Form 346.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents: 4,500.
    Estimated Time Per Response: 7 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 31,500 hours.
    Total Annual Cost: $13,491,000.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: Licensees/permittees/applicants use FCC Form 346 to 
apply for authority to construct or make changes in a Low Power 
Television, TV Translator, or TV Booster broadcast station. On 
September 9, 2004, the Commission adopted a Report and Order, In the 
Matter of Parts 73 and 74 of the Commission's Rules to Established 
Rules for Digital Low Power Television, Television Translator, and 
Television Booster Stations and to Amend Rules for Digital Class A 
Television Stations, MB Docket Number 03-185, FCC 04-220. To implement 
the new rules, the Commission is revising FCC Form 346 to allow 
licensees/permittees/applicants to use the revised FCC Form 346 to file 
for digital broadcast stations or for conversion of their existing 
analog stations to digital stations.
    Applicants are also subject to the third party disclosure 
requirements under 47 CFR 73.3580. Within 30 days of tendering the 
application, the applicant is required to publish a notice in a 
newspaper of general circulation when filing all applications for new 
or major changes in facilities--the notice is to appear at least twice 
a week for two consecutive weeks in a three-week period. A copy of this 
notice must be maintained with the application. FCC staff use the data 
to determine if the applicant is qualified, meets basic statutory and 
treaty requirements, and will not cause interference to other 
authorized broadcast services.
    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    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

[[Page 17084]]

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.
    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: 3060-0920.
    Title: Application for Construction Permit for a Low Power FM 
Broadcast Station.
    Form Number: FCC Form 318.
    Type of Review: Extension of a currently approved collection
    Respondents: Not-for-profit institutions; State, local or tribal 
government.
    Number of Respondents: 2,283.
    Estimated Time Per Response: 45 minutes to 6 hours.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 6,315 hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 318 is required to apply for a 
construction permit for a new Low Power FM station, to make changes in 
the existing facilities of such a station, or to amend a pending FCC 
Form 318 application. The data is used by FCC staff to determine 
whether an applicant meets basic statutory and regulatory requirements 
to become a Commission licensee and to ensure that the public interest 
would be served by grant of the application.

    OMB Control Number: 3060-0932.
    Title: Application for Authority to Make Changes in a Class A TV 
Broadcast Station.
    Form Number: FCC Form 301-CA.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents: 650.
    Estimated Time per Response: 7 hours.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 4,550 hours.
    Total Annual Cost: $3,703,700.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The FCC Form 301-CA is to be used in all cases by 
Class A television station licensees seeking to make changes in the 
authorized facilities of such station. The FCC Form 301-CA requires 
applicants to certify compliance with certain statutory and regulatory 
requirements. Detailed instructions provide additional information 
regarding Commission rules and policies.
    On September 9, 2004, the Commission adopted a Report and Order, In 
the Matter of Parts 73 and 74 of the Commission's Rules to Established 
Rules for Digital Low Power Television, Television Translator, and 
Television Booster Stations and to Amend Rules for Digital Class A 
Television Stations, FCC 04-220, MB Docket Number 03-185. To implement 
these rules, the Commission is revising FCC Form 301-CA to allow 
licensees to use the revised FCC Form 301-CA to file for digital 
broadcast stations or conversion of their existing analog stations to 
digital stations.
    Class A applicants are also subject to third party disclosure 
requirement of Section 73.3580 which requires local public notice in a 
newspaper of general circulation of the filing of all applications for 
major changes in facilities. 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.
    The FCC Form 301-CA is designed to track the standards and criteria 
which the Commission applies to determine compliance and to increase 
the reliability of applicant certifications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-6561 Filed 4-1-05; 8:45 am]
BILLING CODE 6712-01-P