[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78355-78356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30363]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Approved by the Office 
of Management and Budget

December 16, 2008.
SUMMARY: The Federal Communications Commission has received Office of 
Management and Budget (OMB) approval for the following public 
information collection(s) pursuant to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520). An agency may not conduct or sponsor a 
collection of information unless it displays a currently valid OMB 
control number, and no person is required to respond to a collection of 
information unless it displays a currently valid OMB control number. 
Comments concerning the accuracy of the burden estimate(s) and any 
suggestions for reducing the burden should be directed to the person 
listed in the FOR FURTHER INFORMATION CONTACT section below.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Cathy Williams, Performance and Evaluation Records Management Division, 
Office of the Managing Director, at (202) 418-2918 or at 
[email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0896.
    OMB Approval Date: November 28, 2008.
    Expiration Date: November 30, 2011.
    Title: Broadcast Auction Form Exhibits.
    Form Number: Not applicable.
    Estimated Annual Burden: 7,605 responses; 0.5-2 hours per response; 
8,628 burden hours per year.

[[Page 78356]]

    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 with this collection of information.
    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 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. E8-30363 Filed 12-19-08; 8:45 am]
BILLING CODE 6712-01-P