[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Notices]
[Pages 13207-13208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6640]



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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission for Extension Under Delegated 
Authority, Comments Requested

 March 20, 2009.
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 May 26, 
2009. 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 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: 3060-0213.
    Title: Section 73.3525, Agreements for Removing Application 
Conflicts.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents/Response: 38 respondents; 40 responses.
    Estimated Time per Response: 15 minutes to 1 hour.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain benefits. The statutory 
authority for this collection of information is contained in sections 
154(i) and 311 of the Communications Act of 1934, as amended.
    Confidentiality: No need for confidentiality required with this 
collection of information.
    Total Annual Burden: 39 hours.
    Total Annual Cost: $61,453.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: 47 CFR 73.3525 states (a) except as provided in 
73.3523 regarding dismissal of applications in comparative renewal 
proceedings, whenever applicants for a construction permit for a 
broadcast station enter into an agreement to procure the removal of a 
conflict between applications pending before the FCC by withdrawal or 
amendment of an application or by its dismissal pursuant to 73.3568, 
all parties thereto shall, within 5 days after entering into the 
agreement, file with the FCC a joint request for approval of such 
agreement. The joint request shall be accompanied by a copy of the 
agreement, including any ancillary agreements, and an affidavit of each 
party to the agreement setting forth:
    (1) The reasons why it is considered that such agreement is in the 
public interest;
    (2) A statement that its application was not filed for the purpose 
of reaching or carrying out such agreement;
    (3) A certification that neither the applicant nor its principals 
has received any money or other consideration in excess of the 
legitimate and prudent expenses of the applicant; Provided that this 
provision shall not apply to bona fide merger agreements;
    (4) The exact nature and amount of any consideration paid or 
promised;
    (5) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (6) The terms of any oral agreement relating to the dismissal or 
withdrawal of its application.
    (b) Whenever two or more conflicting applications for construction 
permits for broadcast stations pending before the FCC involve a 
determination of fair, efficient and equitable distribution of service 
pursuant to section 307(b) of the Communications Act, and an agreement 
is made to procure the withdrawal (by amendment to specify a different 
community or by dismissal pursuant to 73.3568) of the only application 
or applications seeking the same facilities for one of the communities 
involved, all parties thereto shall file the joint request and 
affidavits specified in paragraph (a) of this section.
    (1) If upon examination of the proposed agreement the FCC finds 
that withdrawal of one of the applications would unduly impede 
achievement of a fair, efficient and equitable distribution of radio 
service among the several States and communities, then the FCC shall 
order that further opportunity be afforded for other persons to apply 
for the facilities specified in the application or applications to be 
withdrawn before acting upon the pending request for approval of the 
agreement.
    (2) Upon release of such order, any party proposing to withdraw its 
application shall cause to be published a notice of such proposed 
withdrawal at least twice a week for 2 consecutive weeks within the 3-
week period immediately following release of the FCC's order, in a 
daily newspaper of general circulation published in the community in 
which it was proposed to locate the station. However, if there is no 
such daily newspaper published in the community, the notice shall be 
published as follows:
    (i) If one or more weekly newspapers of general circulation are 
published in the community in which the station was proposed to be 
located, notice shall be published in such a weekly newspaper once a 
week for 3 consecutive weeks within the 4-week period immediately 
following the release of the FCC's order.
    (ii) If no weekly newspaper of general circulation is published in 
the community in which the station was proposed to be located, notice 
shall be published at least twice a week for 2 consecutive weeks within 
the 3-week period immediately following the release of the FCC's order 
in the daily newspaper having the greatest general circulation in the 
community in which the station was proposed to be located.
    (3) The notice shall state the name of the applicant; the location, 
frequency and power of the facilities proposed in the application; the 
location of the station or stations proposed in the applications with 
which it is in conflict; the fact that the applicant proposes to 
withdraw the application; and the date upon which the last day of 
publication shall take place.

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    (4) Such notice shall additionally include a statement that new 
applications for a broadcast station on the same frequency, in the same 
community, with substantially the same engineering characteristics and 
proposing to serve substantially the same service area as the 
application sought to be withdrawn, timely filed pursuant to the FCC's 
rules, or filed, in any event, within 30 days from the last date of 
publication of the notice (notwithstanding any provisions normally 
requiring earlier filing of a competing application), will be entitled 
to comparative consideration with other pending mutually exclusive 
affidavits.
    (5) Within 7 days of the last day of publication of the notice, the 
applicant proposing to withdraw shall file a statement in triplicate 
with the FCC giving the dates on which the notice was published, the 
text of the notice and the name and location of the newspaper in which 
the notice was published.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-6640 Filed 3-25-09; 8:45 am]
BILLING CODE 6712-01-P