[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Rules and Regulations]
[Pages 53181-53182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24857]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket No. 07-172; FCC 09-59]


Service and Eligibility Rules for FM Broadcast Translator 
Stations

AGENCY: Federal Communications Commission.

ACTION: Final Rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection requirements associated with FCC Form 349. 
Therefore, the form will take effect on [UPON PUBLICATION OF THIS 
NOTICE IN THE FEDERAL REGISTER]. On September 1, 2009, the Commission 
published the summary document of the Report and Order, In the Matter 
of the Amendment of Service and Eligibility Rules for FM Broadcast 
Translator Stations, MB Docket No. 07-172, FCC 09-59, at 74 FR 45126. 
The Ordering Clause of the Report and Order stated that the Commission 
would publish a notice in the Federal Register announcing when OMB 
approval for the information collection requirements (revisions to FCC 
Form 349) have been received and when the revised requirements will 
take effect. This notice is consistent with the statement in the Report 
and Order.

DATES: Effective October 16, 2009.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, [email protected] 
or on (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on October 8, 
2009, OMB approved, for a period of three years, the information 
collection requirements which are the revisions to FCC Form 349. The 
Commission publishes this notice to announce the effective date of the 
requirements (Form 349). If you have any comments on the burden 
estimates listed below, or how

[[Page 53182]]

the Commission can improve the collections and reduce any burdens 
caused thereby, please contact Cathy Williams, Federal Communications 
Commission, Room 1-C823, 445 12th Street, SW, Washington, DC 20554. 
Please include OMB Control Number, 3060-0029 (Form 349) in your 
correspondence. The Commission will also accept your comments via the 
Internet if you send them to [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
    SYNOPSIS
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval on October 8, 2009, for the information collection 
requirements (revisions to FCC Form 349).
    Under 5 CFR 1320, an agency may not conduct or sponsor a collection 
of information unless it displays a current, 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.
    The OMB Control Number is 3060-0029 and the total annual reporting 
burdens for respondents for this information collection are as follows:
    OMB Control Number: 3060-0029.
    OMB Approval Date: October 8, 2009.
    Expiration Date: October 31, 2012.
    Title: Application for DTV Broadcast Station License, FCC Form 302-
DTV; Application for Construction Permit for Reserved Channel 
Noncommercial Educational Broadcast Station, FCC Form 340; Application 
for Authority to Construct or Make Changes in an FM Translator or FM 
Booster Station, FCC Form 349.
    Form Number: FCC Forms: 302-DTV, 340 and 349.
    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: 5,170 respondents and 5,170 
responses.
    Estimated Time per Response: 1-4 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 11,080 hours.
    Total Annual Costs: $19,096,297.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Sections 154(i), 303 and 308 of the Communications Act of 1934, as 
amended.
    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 June 29, 2009, the Commission adopted a Report 
and Order, Amendment of Service and Eligibility Rules for FM Broadcast 
Translator Stations, MB Docket No. 07-172, FCC 09-59. In the Report and 
Order, the Commission adopted changes to the FM translator rules that 
would allow AM stations to use authorized FM translator stations to 
rebroadcast the AM signal locally, retransmitting their AM programming 
as a ''fill-in'' service. The adopted cross service translating rules 
limit FM translators to providing ''fill-in'' service only, 
specifically within the AM primary station's authorized service area. 
In addition, the Commission limited the cross-service rule changes to 
''currently authorized FM translators,'' that is, those translators 
with licenses or permit in effect as of May 1, 2009. Therefore, the 
rule changes affecting this information collection will add a new 
universe of filers - AM stations - to this information collection. AM 
stations will use Form 349 to apply for authorizations to operate such 
FM translator stations.
    Consistent with actions taken by the Commission in the Report and 
Order, the following changes are made to Form 349: Sections II and III 
of Form 349 include new certifications concerning compliance with the 
AM station ''fill-in'' service requirements. Specifically, in the AM 
service, applicants certify that the coverage contour of the FM 
translator station is contained within the lesser of: (a) the 2 mV/m 
daytime contour of the AM primary station being rebroadcast, or (b) a 
25-mile radius centered at the AM station's transmitter site. The 
instructions for Sections II and III have been revised to assist 
applicants with completing the new questions.
    FCC Form 349 is used to apply for authority to construct a new FM 
translator or FM booster broadcast station, or to make changes in the 
existing facilities of such stations. This form also includes the third 
party disclosure requirement of 47 CFR 73.3580 requires local public 
notice in a newspaper of general circulation of all application filings 
for new or major change in facilities. 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.
    FCC Form 302-DTV is used by licensees and permittees of Digital TV 
(''DTV'') broadcast stations to obtain a new or modified station 
license and/or to notify the Commission of certain changes in the 
licensed facilities of those stations. It may be used: (1) To cover an 
authorized construction permit (or auxiliary antenna), provided that 
the facilities have been constructed in compliance with the provisions 
and conditions specified on the construction permit; or (2) To 
implement modifications to existing licenses as permitted by 47 CFR 
73.1675(c) or 73.1690(c).
    FCC Form 340 is used by licensees and permittees to apply for 
authority to construct a new noncommercial educational (''NCE'') FM, 
TV, and DTV broadcast station, or to make changes in the existing 
facilities of such a station. The FCC Form 340 is only used if the 
station will operate on a channel that is reserved exclusively for 
noncommercial educational use, or in the situation where applications 
for NCE stations on non-reserved channels are mutually exclusive only 
with one another.
    Revisions to this information collection are due to revisions being 
made only to FCC Form 349.

Federal Communications Commission
William F. Caton,
Deputy Secretary.
[FR Doc. E9-24857 Filed 10-15-09; 8:45 am]
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