[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15156-15159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5835]


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FEDERAL COMMUNICATIONS COMMISSION


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

March 13, 2008.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burdens, 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 (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. Pursuant to the PRA, no person shall be 
subject to any penalty for failing to comply with a

[[Page 15157]]

collection of information 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 PRA comments should be submitted on or before May 20, 
2008. 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: Interested parties may submit all PRA comments by e-mail or 
U.S. mail. To submit your comments by e-mail, send them to [email protected]. 
To submit your comments by U.S. mail, mark them to the attention of 
Cathy Williams, Federal Communications Commission, Room 1-C823, 445 
12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, send an e-mail to [email protected] or contact Cathy 
Williams at 202-418-2918.

SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0009.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License or Transfer of Control of Corporation 
Holding Broadcast Station Construction Permit or License.
    Form Number: FCC Form 316.
    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 and Responses: 750 respondents, 750 
responses.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i) and 310(d) of the Communications Act of 1934, as amended.
    Estimated Time Per Response: 1-4 hours.
    Total Annual Burden: 855 hours.
    Total Annual Costs: $425,150.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On March 17, 2005, the Commission released a Second 
Order on Reconsideration and Further Notice of Proposed Rulemaking, 
Creation of a Low Power Radio Service, MB Docket No. 99-25 (FCC 05-75). 
The Further Notice of Proposed Rulemaking (``FNPRM'') proposed to 
permit the assignment or transfer of control of Low Power FM (LPFM) 
authorizations where there is a change in the governing board of the 
permittee or licensee or in other situations corresponding to the 
circumstances described above. This proposed rule was subsequently 
adopted in a Third Report and Order and Second Further Notice of 
Proposed Rulemaking, MB Docket No. 99-25 (FCC 07-204) (Third Report and 
Order), released on December 11, 2007.
    FCC Form 316 has been revised to encompass the assignment and 
transfer of control of LPFM authorizations, as proposed in the FNPRM 
and subsequently adopted in the Third Report and Order, and to reflect 
the ownership and eligibility restrictions applicable to LPFM 
permittees and licensees.
    Filing of the FCC Form 316 is required when applying for authority 
for assignment of a broadcast station construction permit or license, 
or for consent to transfer control of a corporation holding a broadcast 
station construction permit or license where there is little change in 
the relative interest or disposition of its interests; where transfer 
of interest is not a controlling one; there is no substantial change in 
the beneficial ownership of the corporation; where the assignment is 
less than a controlling interest in a partnership; where there is an 
appointment of an entity qualified to succeed to the interest of a 
deceased or legally incapacitated individual permittee, licensee or 
controlling stockholder; and, in the case of LPFM stations, where there 
is a voluntary transfer of a controlling interest in the licensee or 
permittee entity. 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.
    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License; Application for Consent to Transfer 
Control of Entity Holding Broadcast Station Construction Permit or 
License; Section 73.3580, Local Public Notice of Filing of Broadcast 
Applications.
    Form Number: FCC Form 314 and FCC Form 315.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; not-for-profit 
institutions.
    Number of Respondents and Responses: 4,510 respondents; 4,510 
responses
    Frequency of Response: On occasion reporting requirement; third 
party disclosure requirement.
    Obligation to Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i), 303 and 308 of the Communications Act of 1934, as amended.
    Estimated Time Per Response: 1 hour to 5 hours.
    Total Annual Burden: 15,860 hours.
    Total Annual Costs: $33,343,150.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The Instructions to Forms 314 and 315 have been 
revised to reflect the new ownership limits adopted in the Third Report 
and Order and Second Notice of Proposed Rulemaking, FCC 07-204 
(released December 11, 2007), namely, that an entity may own only one 
LPFM station. By amending the Rules to permanently limit LPFM 
eligibility, the Commission is protecting the public interest in 
localism and fostering greater diversity of programming from community 
sources. Forms 314 and 315 have also been revised to reflect the three-
year holding period of an LPFM license, as adopted in the Third Report 
and Order, during which a licensee cannot transfer or assign a license, 
and must operate the station. That restriction will prevent entities 
from using the LPFM assignment and transfer process to undermine the 
Commission's LPFM policies and will ensure that the benefits to the 
public which were the basis for the license grant will be realized.
    On December 18, 2007, the Commission adopted a Report and Order and 
Order on Reconsideration in its 2006 Quadrennial Regulatory Review of 
the Commission's Broadcast Ownership Rules pursuant to Section 202 of 
the Telecommunications Act of 1996, MB Docket No. 06-121, FCC 07-216. 
Section 202 requires the Commission to review its broadcast ownership 
rules every four years and determine whether any of such rules are

[[Page 15158]]

necessary in the public interest. Further, Section 202 requires the 
Commission to repeal or modify any regulation it determines to be no 
longer in the public interest.
    Consistent with actions taken by the Commission in the 2006 
Quadrennial Regulatory Review, the following changes are made to Forms 
314 and 315: The instructions to Forms 314 and 315 have been revised to 
include a reference to the 2006 Quadrennial Regulatory Review as a 
source of information regarding the Commission's multiple ownership 
attribution policies and standards. The language in Section A, IV of 
Worksheet 3 in Forms 314 and 315 is revised. This worksheet is 
used in connection with Section III, Item 6b of Form 314 and Section 
IV, Item 8b of Form 315 to determine the applicant's compliance with 
the Commission's multiple ownership rules and cross-ownership rules set 
forth in 47 CFR 73.3555. The revisions to the worksheet account for 
changes made by the Commission in the 2006 Quadrennial Review to 47 CFR 
73.3555(d), the Daily Newspaper Cross-Ownership Rule. The revised rule 
changes the circumstances under which an entity may own a daily 
newspaper and a radio station or television station in the same 
designated market area. In Section B of Worksheet 3 of Form 
314, the description of a ``Daily Newspaper'' is changed to comport to 
the definition of ``Newspaper'' contained in 47 CFR 73.3555(c)(3)(iii) 
that the Commission revised in the 2006 Quadrennial Regulatory Review. 
In Section B of Worksheet 3 of Form 315, language from 47 CFR 
73.3555(d) is added to assist applicants in their determination of 
compliance with the Daily Newspaper Cross-Ownership Rule.
    FCC Form 314 and the applicable exhibits/explanations are required 
to be filed when applying for consent for assignment of an AM, FM, LPFM 
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.
    FCC Form 315 and applicable exhibits/explanations are required to 
be filed when applying for transfer of control of an entity holding an 
AM, FM, LPFM 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. Due to the similarities in the 
information collected by these two forms, OMB has assigned both forms 
OMB Control Number 3060-0031.
    47 CFR 73.3580 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.
    OMB Control: 3060-0110.
    Title: Application for Renewal of Broadcast Station License.
    Form Number: FCC Form 303-S.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit entities; Not for profit 
institutions.
    Number of Respondents and Responses: 3,217 respondents, 3,217 
responses.
    Obligation to Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i), 303, 307 and 308 of the Communications Act of 1934, as amended, 
and Section 204 of the Telecommunications Act of 1996.
    Estimated Time per Response: 3-12 hours.
    Frequency of Response: Every eighth year reporting requirement; 
Third party disclosure requirement.
    Total Annual Burden: 6,335 hours.
    Total Annual Costs: $1,730,335.
    Nature of Response: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On December 18, 2007, the Commission adopted a 
Report and Order and Order on Reconsideration in its 2006 Quadrennial 
Regulatory Review of the Commission's Broadcast Ownership Rules 
pursuant to Section 202 of the Telecommunications Act of 1996, MB 
Docket No. 06-121, FCC 07-216. Section 202 requires the Commission to 
review its broadcast ownership rules every four years and determine 
whether any of such rules are necessary in the public interest. 
Further, Section 202 requires the Commission to repeal or modify any 
regulation it determines to be no longer in the public interest. 
Consistent with actions taken by the Commission in the 2006 Quadrennial 
Regulatory Review, changes are made to Form 303-S to account for 
revisions made to 47 CFR 73.3555(d), the Daily Newspaper Cross-
Ownership Rule. The revised rule changes the circumstances under which 
an entity may own a daily newspaper and a radio station or television 
station in the same designated market area. In Section III of Form 303-
S, a new Question 7 is added which asks the licensee to certify that 
neither it nor any party to the application has an attributable 
interest in a newspaper that is within the scope of 47 CFR 73.3555(d). 
Instructions for this new question are added to Form 303-S, and include 
a reference to the 2006 Quadrennial Regulatory Review as a source of 
information regarding the Commission's newspaper/broadcast cross-
ownership rule.
    OMB Control Number: 3060-0750.
    Title: 47 CFR Section 73.671 Educational and Informational 
Programming for Children; 47 CFR Section 73.673, Public Information 
Initiatives Regarding Educational and Informational Programming for 
Children.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 2,323 respondents; 4,266 
responses.
    Estimated Time per Response: 1 to 5 minutes.
    Frequency of Response: Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i) and 303 of the Communications Act of 1934, as amended.
    Total Annual Burden: 26,818.56 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: 47 CFR 73.671 C(5) states that a core educational 
television program must be identified as specifically designed to 
educate and inform children by the display on the television screen 
throughout the program of the symbol E/I.
    47 CFR 73.673 states each commercial television broadcast station 
licensee must provide information identifying programming specifically 
designed to educate and inform children to publishers of program 
guides. Such

[[Page 15159]]

information must include an indication of the age group for which the 
program is intended.
    These requirements are intended to provide greater clarity about 
broadcasters' obligations under the Children's Television Act (CTA) of 
1990 to air programming ``specifically designed'' to serve the 
educational and informational needs of children and to improve public 
access to information about the availability of these programs. These 
requirements provide better information to the public about the shows 
broadcasters air to satisfy their obligation to provide educational and 
informational programming under the Children's Television Act.
    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: Revision of a currently approved collection.
    Respondents: Not-for-profit institutions; State, local or tribal 
government.
    Number of Respondents and Responses: 16,659 respondents, 23,302 
responses.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation To Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i), 303, 308 and 325(a) of the Communications Act of 1934, as 
amended.
    Estimated Time per Response: 15 minutes to 12 hours.
    Total Annual Burden: 34,276 hours.
    Total Annual Costs: $35,850.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On December 11, 2007, the FCC released a Third 
Report and Order and Second Further Notice of Proposed Rulemaking 
(``Third Report and Order'') MM Docket No. 99-25, FCC 07-204. In the 
Third Report and Order, the FCC extended the local standards for rural 
markets. Under the old Rules, an LPFM applicant was deemed local if it 
was physically headquartered or had a campus within ten miles of the 
proposed LPFM transmitter site, or if 75 percent of its board members 
resided within ten miles of the proposed LPFM transmitter site. The 
Third Report and Order modified the ten-mile requirement to twenty 
miles for all LPFM applicants for proposed facilities in other than the 
top fifty urban markets, for both the distance from transmitter and 
residence of board member standards. We have revised the Form 318 to 
reflect this extension of local standards for rural markets. While the 
overall number of respondents increases because the Rule change expands 
the universe of eligible applicants, there are no new information 
collection requirements with respect to completion of the Form 318.
    In the Third Report and Order, the Commission also delegated to the 
Media Bureau the authority to consider Section 73.807 waiver requests 
from certain LPFM stations. When implementation of a full-service 
station community of license modification would result in an increase 
in interference caused to the LPFM station or its displacement, the 
LPFM station may seek a second-adjacent channel short spacing waiver in 
connection with an application proposing operations on a new channel. 
Such waiver requests would be filed on a Form 318.
    The Third Report and Order also allows LPFM stations to file waiver 
requests of Section 73.809 of the Rules if: (1) It is at risk of 
displacement by an encroaching full-service station modification 
application and no alternative channel is available, and (2) it can 
demonstrate that it has regularly provided at least eight hours per day 
of locally originated programming. LPFM stations that wish to make a 
showing under this waiver standard must file an informal objection to 
the ``encroaching'' community of license modification application.
    FCC Form 318 is required: (1) To apply for a construction permit 
for a new Low Power FM (LPFM) station; (2) to make changes in the 
existing facilities of such a station; or (3) to amend a pending FCC 
Form 318 application.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-5835 Filed 3-20-08; 8:45 am]
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