[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16772-16776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6989]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted for 
Review and Approval to the Office of Management and Budget (OMB), 
Comments Requested

March 16, 2011.
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(s), as required by the Paperwork 
Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. 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; (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; and (e) 
ways to further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    The FCC 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 currently valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before April 25, 2011.

[[Page 16773]]

If you anticipate that you will be submitting PRA comments, but find it 
difficult to do so within the period of time allowed by this notice, 
you should advise the FCC contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via fax at 202-395-5167 or via the Internet at 
[email protected] and to the Federal Communications 
Commission via e-mail to [email protected]. To view a copy of this 
information collection request (ICR) submitted to OMB: (1) Go to the 
Web page http://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, and (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 on (202) 418-
2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0433.
    Title: Basic Signal Leakage Performance Report.
    Form Number: FCC Form 320.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 5,920 respondents and 5,920 
responses.
    Frequency of Response: Recordkeeping requirement, Annual reporting 
requirement.
    Estimated Time per Hours: 20 hours.
    Total Annual Burden: 118,400 hours.
    Total Annual Cost: None.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 4(i), 
302 and 303 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: Cable television system operators and Multichannel 
Video Programming Distributors (MPVDs) who use frequencies in the bands 
108-137 and 225-400 MHz (aeronautical frequencies) are required to file 
a Cumulative Signal Leakage Index (CLI) derived under 47 CFR 
76.611(a)(1) or the results of airspace measurements derived under 47 
CFR 76.611(a)(2). This filing must include a description of the method 
by which compliance with basic signal leakage criteria is achieved and 
the method of calibrating the measurement equipment. This yearly filing 
of FCC Form 320 is done in accordance with 47 CFR 76.1803.

    OMB Control Number: 3060-0289.
    Title: Section 76.76.601(a) Performance Tests, Section 
76.1704(a)(b) Proof of Performance Test Data, Section 76.1705 
Performance Tests (Channels Delivered) and Section 76.1717, Compliance 
with Technical Standards.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities and State, local 
or tribal government.
    Number of Respondents and Responses: 8,250 respondents; 12,185 
responses.
    Estimated Time per Response: 0.5-70 hours.
    Frequency of Response: Record keeping requirement, Semi-annual and 
Triennial reporting requirements; Third party disclosure requirement.
    Total Annual Burden: 276,125 hours.
    Total Annual Costs: None.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 4(i) and 624(e) of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: 47 CFR 76.601(b) requires the operator of each 
cable television system shall conduct complete performance tests of 
that system at least twice each calendar year (at intervals not to 
exceed seven months), unless otherwise noted below. The performance 
tests shall be directed at determining the extent to which the system 
complies with all the technical standards set forth in Sec.  76.605(a) 
and shall be as follows:
    (1) For cable television systems with 1,000 or more subscribers but 
with 12,500 or fewer subscribers, proof-of-performance tests conducted 
pursuant to this section shall include measurements taken at six (6) 
widely separated points. However, within each cable system, one 
additional test point shall be added for every additional 12,500 
subscribers or fraction thereof (e.g., 7 test points if 12,501 to 
25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers, 
etc.). In addition, for technically integrated portions of cable 
systems that are not mechanically continuous (i.e., employing microwave 
connections), at least one test point will be required for each portion 
of the cable system served by a technically integrated microwave hub. 
The proof-of-performance test points chosen shall be balanced to 
represent all geographic areas served by the cable system. At least 
one-third of the test points shall be representative of subscriber 
terminals most distant from the system input and from each microwave 
receiver (if microwave transmissions are employed), in terms of cable 
length. The measurements may be taken at convenient monitoring points 
in the cable network: provided, that data shall be included to relate 
the measured performance of the system as would be viewed from a nearby 
subscriber terminal. An identification of the instruments, including 
the makes, model numbers, and the most recent date of calibration, a 
description of the procedures utilized, and a statement of the 
qualifications of the person performing the tests shall also be 
included.
    (2) Proof-of-performance tests to determine the extent to which a 
cable television system complies with the standards set forth in Sec.  
76.605(a) (3), (4), and (5) shall be made on each of the NTSC or 
similar video channels of that system. Unless otherwise as noted, 
proof-of-performance tests for all other standards in Sec.  76.605(a) 
shall be made on a minimum of four (4) channels plus one additional 
channel for every 100 MHz, or fraction thereof, of cable distribution 
system upper frequency limit (e.g., 5 channels for cable television 
systems with a cable distribution system upper frequency limit of 101 
to 216 MHz; 6 channels for cable television systems with a cable 
distribution system upper frequency limit of 217-300 MHz; 7 channels 
for cable television systems with a cable distribution upper frequency 
limit of 300 to 400 MHz, etc.). The channels selected for testing must 
be representative of all the channels within the cable television 
system.
    (3) The operator of each cable television system shall conduct 
semi-annual proof-of-performance tests of that system, to determine the 
extent to

[[Page 16774]]

which the system complies with the technical standards set forth in 
Sec.  76.605(a)(4) as follows. The visual signal level on each channel 
shall be measured and recorded, along with the date and time of the 
measurement, once every six hours (at intervals of not less than five 
hours or no more than seven hours after the previous measurement), to 
include the warmest and the coldest times, during a 24-hour period in 
January or February and in July or August.
    (4) The operator of each cable television system shall conduct 
triennial proof-of-performance tests of its system to determine the 
extent to which the system complies with the technical standards set 
forth in Sec.  76.605(a)(11).
    47 CFR 76.601 the local franchising authority shall notify the 
cable operator, who will then be allowed thirty days to come into 
compliance with any perceived signal quality problems which need to be 
corrected.
    47 CFR 76.1704 requires that proof-of-performance tests required by 
47 CFR 76.601 shall be maintained on file at the operator's local 
business office for at least five years. The test data shall be made 
available for inspection by the Commission or the local franchiser, 
upon request. If a signal leakage log is being used to meet proof-of-
performance test recordkeeping requirements in accordance with Section 
76.601, such a log must be retained for the period specified in 47 CFR 
76.601(d).
    OMB Control Number: 3060-0920.
    Title: Application for Construction Permit for a Low Power FM 
Broadcast Station; Report and Order in MM Docket No. 99-25 Creation of 
Low Power Radio Service; Sections 73.807, 73.809, 73.865, 73.870, 
73.871, 73.872, 73.877, 73.878, 73.318, 73.1030, 73.1207, 73.1212, 
73.1230, 73.1300, 73.1350, 73.1610, 73.1620, 73.1750, 73.1943, 73.3525, 
73.3550, 73.3598, 11.61(ii), FCC Form 318.
    Form Number: FCC Form 318.
    Type of Review: Extension of a currently approved collection.
    Respondents: Not-for-profit institutions; State, local or tribal 
government.
    Number of Respondents and Responses: 16,659 respondents, 23,377 
responses.
    Frequency of Response: Recordkeeping requirement; 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), 303, 308 and 325(a) of the Communications Act of 1934, as 
amended.
    Estimated Time per Response: 0.0025 minutes-12 hours.
    Total Annual Burden: 34,396 hours.
    Total Annual Costs: $23,850.
    Nature and Extent of Confidentiality: Confidentiality is not 
required for this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: This information collection accounts for the 
following requirements:
    47 CFR 73.807 sets forth minimum distance separation requirements 
for LPFM stations. The Third Report and Order allows LPFM stations to 
file second-adjacent channel waiver requests of this Rule by filing a 
Form 318 if it is at risk of displacement by an encroaching full-
service station application.
    47 CFR 73.809(b) states that an LPFM station will be provided an 
opportunity to demonstrate in connection with the processing of the 
commercial or NCE FM application that interference as described in 
paragraph (a) of this section is unlikely. If the LPFM station fails to 
so demonstrate, it will be required to cease operations upon the 
commencement of program tests by the commercial or NCE FM station.
    47 CFR 809(c) states complaints of actual interference by an LPFM 
station subject to paragraphs (a) and (b) of this section must be 
served on the LPFM licensee and the Federal Communications Commission, 
attention Audio Services Division. The LPFM station must suspend 
operations within twenty-four hours of the receipt of such complaint 
unless the interference has been resolved to the satisfaction of the 
complainant on the basis of suitable techniques. An LPFM station may 
only resume operations at the direction of the Federal Communications 
Commission. If the Commission determines that the complainant has 
refused to permit the LPFM station to apply remedial techniques that 
demonstrably will eliminate the interference without impairment of the 
original reception, the licensee of the LPFM station is absolved of 
further responsibility for the complaint.
    47 CFR 73.809(e) states that in each instance where suspension of 
operation is required, the licensee shall submit a full report to the 
FCC in Washington, DC, after operation is resumed, containing details 
of the nature of the interference, the source of the interfering 
signals, and the remedial steps taken to eliminate the interference.
    47 CFR 73.865 allows a change in the name of an LPFM licensee where 
no change in ownership or control is involved to be accomplished by a 
written notification by the licensee to the Commission. This section 
also prohibits assignment of an LPFM authorization or transfer of 
control of an LPFM permittee or licensee if (a) consideration exceeds 
the depreciated fair market value of the physical equipment and 
facilities, and/or (b) the transferee or assignee is incapable of 
satisfying all eligibility criteria that apply to a LPFM licensee. 
Transfers of control involving a sudden change of more than 50 percent 
of an LPFM's governing board shall not be deemed a substantial change 
in ownership or control, subject to the filing of an FCC Form 316.
    47 CFR 73.870 and 73.871 allow licensees and permittees to file 
minor change applications and minor amendments to pending FCC Form 318 
applications by requesting authority for transmitter site relocation of 
up to 5.6 kilometers for LP100 facilities and up to 3.2 kilometers for 
LP10 facilities. The Third Report and Order amended these Rules to also 
allow LPFM applicants with mutually exclusive applications to file 
minor amendments and minor changes that reflect changes to time-sharing 
agreements, including universal agreements that supersede involuntary 
arrangements.
    47 CFR 73.870 and 73.871 allow voluntary time-share applicants to 
relocate an LPFM transmitter to a central location by filing amendments 
to their pending FCC Form 318 applications.
    47 CFR 73.870(d) state petitions to deny such mutually exclusive 
LPFM applications may be filed within 30 days of such public notice and 
in accordance with the procedures set forth at Sec.  73.3584. A copy of 
any petition to deny must be served on the applicant.
    47 CFR 73.872(c) states if mutually exclusive applications have the 
same point total, any two or more of the tied applicants may propose to 
share use of the frequency by submitting, within 90 days of the release 
of a public notice announcing the tie, a time-share proposal. Such 
proposals shall be treated as minor amendments to the time-share 
proponents' applications, and shall become part of the terms of the 
station authorization. Where such proposals include all of the tied 
applications, all of the tied applications will be treated as tentative 
selectees; otherwise, time-share proponents points will be aggregated 
to determine the tentative selectees.
    (1) Time-share proposals shall be in writing and signed by each 
time-share proponent, and shall satisfy the following requirements:

[[Page 16775]]

    (i) The proposal must specify the proposed hours of operation of 
each time-share proponent;
    (ii) The proposal must not include simultaneous operation of the 
time-share proponents; and
    (iii) Each time-share proponent must propose to operate for at 
least 10 hours per week.
    (2) Where a station is authorized pursuant to a time-sharing 
proposal, a change of the regular schedule set forth therein will be 
permitted only where a written agreement signed by each time-sharing 
permittee or licensee and complying with requirements in paragraphs 
(c)(1)(i) through (iii) of this section is filed with the Commission, 
Attention: Audio Division, Media Bureau, prior to the date of the 
change.
    47 CFR 73.872(d)(1) states if a tie among mutually exclusive 
applications is not resolved through voluntary time-sharing in 
accordance with paragraph (c) of this section, the tied applications 
will be reviewed for acceptability and applicants with tied, grantable 
applications will be eligible for equal, successive, non-renewable 
license terms of no less than one year each for a total combined term 
of eight years, in accordance with Sec.  73.873. Eligible applications 
will be granted simultaneously, and the sequence of the applicants' 
license terms will be determined by the sequence in which they file 
applications for licenses to cover their construction permits based on 
the day of filing, except that eligible applicants proposing same-site 
facilities will be required, within 30 days of written notification by 
the Commission staff, to submit a written settlement agreement as to 
construction and license term sequence. Failure to submit such an 
agreement will result in the dismissal of the applications proposing 
same-site facilities and the grant of the remaining, eligible 
applications.
    47 CFR 73.872(d)(2) states groups of more than eight tied, 
grantable applications will not be eligible for successive license 
terms under this section. Where such groups exist, the staff will 
dismiss all but the applications of the eight entities with the longest 
established community presences, as provided in paragraph (b)(1) of 
this section. If more than eight tied, grantable applications remain, 
the applicants must submit, within 30 days of written notification by 
the Commission staff, a written settlement agreement limiting the group 
to eight. Failure to do so will result in dismissal of the entire 
application group.
    47 CFR 73.877 requires each LPFM station to maintain a station log. 
Each log entry must include the time and date of observation and the 
name of the person making the entry. This log must contain entries of 
the information specified in this section.
    47 CFR 73.878 requires licensees to make available to FCC 
representatives during regular business hours, the station records and 
logs. Upon request of the FCC, the licensee must mail (by either 
registered mail, return receipt requested, or certified mail, return 
receipt requested) the station records and logs. The licensee must 
retain the return receipt until such records are returned to the 
licensee.
    Unattended operation. The Report and Order requires that LPFM 
stations that will operate unattended will be required to advise the 
Commission by letter of the unattended operation and provide an address 
and telephone number where a responsible party can be reached during 
such times.
    47 CFR 73.318 requires LPFM stations to resolve all complaints 
received on blanketing interference occurring within the immediate 
vicinity of the antenna site for one year after commence of 
transmissions with new or modified facilities. Licensee shall provide 
technical information, notifications or assistance to complainants on 
remedies for blanketing interference.
    47 CFR 73.1030 requires LPFM stations to coordinate, notify, and 
provide protection to the radio quiet zones at Green, West Virginia and 
at Boulder, Colorado. In addition, LPFM applicants in Puerto Rico will 
need to coordinate and notify Cornell University regarding the radio 
coordination zone on that island. This requirement is necessary to 
ensure that research work at these installations will not be disrupted.
    47 CFR 73.1207 requires that licensees of broadcast stations obtain 
written permission from an originating station prior to retransmitting 
any program or any part thereof. A copy of the written consent must be 
kept in the station's files and made available to the FCC upon request. 
47 CFR 73.1207 also requires stations that use the National Bureau of 
Standards (``NBS'') time signals to notify the NBS semiannually of use 
of time signals.
    47 CFR 73.1212 requires a broadcast station to identify the sponsor 
of any matter for which consideration is provided. For matter 
advertising commercial products or services, generally the mention of 
the name of the product or service constitutes sponsorship 
identification. In addition, when an entity rather than an individual 
sponsors the broadcast of matter that is of a political or 
controversial nature, licensee is required to retain a list of the 
executive officers, or board of directors, or executive committee, 
etc., of the organization paying for such matter. Sponsorship 
announcements are waived with respect to the broadcast of ``want ads'' 
sponsored by an individual but the licensee shall maintain a list 
showing the name, address and telephone number of each such advertiser. 
These lists shall be made available for public inspection.
    47 CFR 73.1230 requires that the station license and any other 
instrument of station authorization be posted in a conspicuous place at 
the place the licensee considers to be the principal control point of 
the transmitter. 47 CFR 73.1300 allows broadcast stations to be 
operated either attended or unattended. Regardless of which method is 
employed, licensees must employ written procedures and have them in the 
station's files to ensure compliance with the rules governing the 
Emergency Alert System.
    47 CFR 73.1350 requires licensees of LPFM broadcast stations 
operating by remote control points at places other than the main studio 
or transmitter site locations to send written notifications containing 
the remote locations to the FCC within three days after commencing 
remote control operations from such points.
    47 CFR 73.1610 requires the permittee of a new broadcast station to 
notify the FCC of its plans to conduct equipment tests for the purpose 
of making adjustments and measurements as may be necessary to assure 
compliance with the terms of the construction permit and applicable 
engineering standards.
    47 CFR 73.1620 requires that upon completion of construction of a 
LPFM station, the licensee may begin program tests upon notification to 
the Commission.
    47 CFR 73.1750 requires a broadcast licensee to notify the FCC of 
permanent discontinuance of operation and to forward the station 
license and other instruments of authorization immediately after 
discontinuance of operation.
    47 CFR 73.1943 requires licensees of broadcast stations to keep and 
permit public inspection of a complete record of all requests for 
broadcast time, together with an appropriate notation showing the 
disposition made by the licensee of such request.
    47 CFR 73.3525 requires applicants for a construction permit for a 
broadcast station to obtain approval from the FCC to withdraw, dismiss 
or amend its application pursuant to a settlement agreement when that 
application is in conflict with another application

[[Page 16776]]

pending before the FCC. This request for approval to withdraw, dismiss 
or amend an application should contain a copy of the agreement and an 
affidavit of each party to the agreement. In the event that the 
proposed withdrawal of a conflicting application would unduly impede 
achievement of a fair, efficient and equitable distribution of radio 
service, the FCC must issue an order providing further opportunity to 
apply for the facilities specified in the application(s) withdrawn.
    47 CFR 73.3550 requests for call sign assignment for a LPFM station 
must be made using the Commission's electronic call sign system.
    47 CFR 73.3598 allows an LPFM permittee unable to complete 
construction within the timeframe specified in the original 
construction permit may apply for an eighteen month extension upon a 
showing of good cause.
    47 CFR 11.61(ii) states DBS providers, analog and digital class D 
non-commercial educational FM stations, and analog and digital LPTV 
stations are required to log the receipt of emergency alert system 
transmissions.
    This submission also contains FCC Form 318, Application for 
Construction Permit for a Low Power FM Broadcast Station and its 
accompanying instructions and worksheets.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-6989 Filed 3-24-11; 8:45 am]
BILLING CODE 6712-01-P