[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Notices]
[Pages 22946-22948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9234]


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FEDERAL COMMUNICATIONS COMMISSION


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

April 23, 2008.
SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission invites the general 
public and other Federal agencies to comment on the following 
information collection(s). 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. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid OMB 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 OMB control 
number.

DATES: Written PRA comments should be submitted on or before June 27, 
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: You may submit all PRA comments by e-mail or U.S. post mail. 
To submit your comments by e-mail, send them to [email protected]. To submit 
your comments by U.S. mail, mark them

[[Page 22947]]

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(s), contact Cathy Williams at (202) 418-2918 or 
send an e-mail to [email protected].

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0027.
    Type of Review: Revision of a currently approved collection.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    Form Number: FCC Form 301.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents/Responses: 4,278.
    Estimated Time per Response: 2 to 5 hours.
    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, and 
Section 204 of the Telecommunications Act of 1996.
    Total Annual Burden: 11,072 hours.
    Total Annual Costs: $51,802,197.
    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 and 
Other Rules Adopted 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, the following changes are made to Form 
301: The instructions to Form 301 are 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. Also, the language in Section A, IV of Worksheet 2 
in Form 301 is changed. This worksheet is used in connection with 
Section II, Item 4 of Form 301 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 conjunction with this same rule change, 
language from 47 CFR 73.3555(d) is added to Section B of Worksheet 
2 to assist applicants in their determination of compliance 
with the Daily Newspaper Cross-Ownership Rule. 47 CFR 73.3555(d) (daily 
newspaper cross-ownership rule) states:
    (1) No license for an AM, FM or TV broadcast station shall be 
granted to any party (including all parties under common control) if 
such party directly or indirectly owns, operates or controls a daily 
newspaper and the grant of such license will result in:
    (i) The predicted or measured 2 mV/m contour of an AM station, 
computed in accordance with Sec.  73.183 or Sec.  73.186, encompassing 
the entire community in which such newspaper is published; or
    (ii) The predicted 1 mV/m contour for an FM station, computed in 
accordance with Sec.  73.313, encompassing the entire community in 
which such newspaper is published; or
    (iii) The Grade A contour of a TV station, computed in accordance 
with Sec.  73.684, encompassing the entire community in which such 
newspaper is published.
    (2) Paragraph (1) shall not apply in cases where the Commission 
makes a finding pursuant to Section 310(d) of the Communications Act 
that the public interest, convenience, and necessity would be served by 
permitting an entity that owns, operates or controls a daily newspaper 
to own, operate or control an AM, FM, or TV broadcast station whose 
relevant contour encompasses the entire community in which such 
newspaper is published as set forth in paragraph (1).
    (3) In making a finding under paragraph (2), there shall be a 
presumption that it is not inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV 
broadcast station whose relevant contour encompasses the entire 
community in which such newspaper is published as set forth in 
paragraph (1), provided that, with respect to a combination including a 
commercial TV station,
    (i) The station is not ranked among the top four TV stations in the 
DMA, based on the most recent all-day (9 a.m.-midnight) audience share, 
as measured by Nielsen Media Research or by any comparable 
professional, accepted audience ratings service; and
    (ii) At least 8 independently owned and operating major media 
voices would remain in the DMA in which the community of license of the 
TV station in question is located (for purposes of this provision major 
media voices include full-power TV broadcast stations and major 
newspapers).
    (4) In making a finding under paragraph (2), there shall be a 
presumption that it is inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper and an AM, FM or TV broadcast station whose relevant 
contour encompasses the entire community in which such newspaper is 
published as set forth in paragraph (1) in a DMA other than the top 20 
Nielsen DMAs or in any circumstance not covered under paragraph (3).
    (5) In making a finding under paragraph (2), the Commission shall 
consider:
    (i) Whether the combined entity will significantly increase the 
amount of local news in the market;
    (ii) Whether the newspaper and the broadcast outlets each will 
continue to employ its own staff and each will exercise its own 
independent news judgment;
    (iii) The level of concentration in the Nielsen Designated Market 
Area (DMA); and
    (iv) The financial condition of the newspaper or broadcast station, 
and if the newspaper or broadcast station is in financial distress, the 
proposed owner's commitment to invest significantly in newsroom 
operations.
    (6) In order to overcome the negative presumption set forth in 
paragraph (4) with respect to the combination of a major newspaper and 
a television station, the applicant must show by clear and convincing 
evidence that the co-owned major newspaper and station will increase 
the diversity of independent news outlets and increase competition 
among independent news sources in the market, and the factors set forth 
above in paragraph (5) will inform this decision.
    (7) The negative presumption set forth in paragraph (4) shall be 
reversed under the following two circumstances:

[[Page 22948]]

    (i) The newspaper or broadcast station is failed or failing; or
    (ii) The combination is with a broadcast station that was not 
offering local newscasts prior to the combination, and the station will 
initiate at least seven hours per week of local news programming after 
the combination.

Federal Communications Commission.
Jackie Coles,
Associate Secretary.
[FR Doc. E8-9234 Filed 4-25-08; 8:45 am]
BILLING CODE 6712-01-P