[Federal Register Volume 73, Number 209 (Tuesday, October 28, 2008)]
[Notices]
[Pages 63982-63983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25721]



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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection Requirement Submitted to OMB for 
Review and Approval, Comments Requested

October 22, 2008.
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, 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 Paperwork Reduction Act (PRA) comments should be 
submitted on or before November 28, 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 contacts 
listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via Internet at [email protected] 
or via fax at (202) 395-5167 and to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC or via Internet at [email protected] or 
[email protected].
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the title of this ICR (or 
its OMB control number, if there is one) and then click on the ICR 
Reference Number to view detailed information about this ICR.''

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Cathy Williams at (202) 418-
2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0896.
    Title: Broadcast Auction Form Exhibits.
    Form Number: Not applicable.
    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: 3,500 respondents; 7,605 
responses
    Estimated Hours per Response: 0.5 to 2 hours
    Frequency of Response: On occasion reporting requirement.
    Annual Burden: 8,628 hours.
    Annual Cost Burden: $10,163,100.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
154(i) and 309 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: On December 18, 2007, the Commission adopted a 
Report and Order and Third Further Notice of Proposed Rulemaking (``the 
Diversity Order'') in MB Docket Nos. 07-294; 06-121; 02-277; 04-228, MM 
Docket Nos. 01-235; 01-317; 00-244; FCC 07-217, which expands 
opportunities for participation in the broadcasting industry by new 
entrants and small businesses, including minority and women-owned 
businesses.
    Currently, the media interests held by an individual or company 
with an equity and/or debt interest in an auction applicant are 
attributed to that applicant, for purposes of determining its 
eligibility for the new entrant bidding credit, if the equity and debt 
interests exceed 33 percent of the total asset value of the applicant. 
In order to make it easier for small businesses and new entrants to 
acquire broadcast licenses, and acquire the capital to compete in the 
marketplace with better financed companies, in the Diversity Order the 
Commission relaxed the rule standard, so to allow for higher investment 
opportunities in entities meeting the definition of ``eligible 
entities.'' An ``eligible entity'' is defined as an entity that would 
qualify as a small business consistent with the Small Business 
Administration (``SBA'') standards for its industry grouping, based on 
revenue.
    Pursuant to the Diversity Order, the Commission will now allow the 
holder of an equity or debt interest in the applicant to exceed the 
above-noted 33 percent threshold without triggering attribution 
provided: (1) The combined equity or debt in the ``eligible entity'' is 
less than 50 percent, or (2) the total debt in the ``eligible entity'' 
does not exceed 80 percent and the interest holder does not hold any 
option to acquire an additional interest in the ``eligible entity.''
    Consistent with actions taken by the Commission in the Diversity 
Order, a new question has been added to the new entrant bidding credit 
section of the broadcast auction application form. It simply requires 
applicants to make explicit any claim that they are ``eligible 
entities,'' as a basis for claiming a bidding credit. The question 
states: ``Does the applicant claim to be an `eligible entity' as 
defined in 47 CFR 73.5008(c), for purposes of claiming eligibility for 
the new entrant bidding credit?'' Additional information showing proof 
of compliance is not required at the pre-auction application stage. The 
Commission also foresees a new universe of respondents to the 
collection--those broadcast auction applicants claiming eligibility for 
the new entrant bidding credit based on their status as an ``eligible 
entity.''
    The Commission auctions mutually exclusive applications for full 
power commercial AM and FM radio, television services, Instructional 
Television Fixed Services (ITFS), and all secondary commercial 
broadcast services (e.g., Low Power TV (LPTV), FM translators and 
television translators). The Commission requires the use of the FCC 
Form 175 (OMB Control Number 3060-0600) to participate in all broadcast 
auctions. Broadcast applicants are also required to submit certain 
exhibits which are covered in this information collection as discussed 
below.
    To facilitate the identification of groups of mutually exclusive 
applicants for non-table services which include the AM radio, LPTV, and 
TV/FM translator services, the Commission requires applicants to submit 
the engineering

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portions of the pertinent long-form application (FCC Form 301 (OMB 
Control Number 3060-0027), FCC Form 346 (OMB Control Number 3060-0016), 
or FCC Form 349 (OMB Control Number 3060-0405) ) necessary to determine 
mutual exclusivity.
    In instances where analog television licensees file major 
modification applications, the Commission requires that such applicants 
also file the engineering data. These applicants are required to file 
the electronic versions of FCC Forms 301, 346 or 349.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-25721 Filed 10-27-08; 8:45 am]
BILLING CODE 6712-01-P