[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Rules and Regulations]
[Pages 23854-23855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09545]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 99-25; FCC 12-144]


Implementation of the Local Community Radio Act of 2010; Revision 
of Service and Eligibility Rules for Low Power FM 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 associated with the Commission's Local 
Community Radio Act of 2010; Revision of Service and Eligibility Rules 
for Low Power FM Stations, Sixth Report and Order (Order) and revisions 
to Form 318. This notice is consistent with the Order, which stated 
that the Commission would publish a document in the Federal Register 
announcing OMB approval and the effective date of the requirements.

DATES: The amendments to 47 CFR 73.807, 73.810, 73.827, 73.850, 73.853, 
73.855, 73.860, 73.872, and FCC Form 318, published at 78 FR 2078, 
January 9, 2013, are effective May 23, 2013.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Media Bureau, Audio 
Division, at (202) 418-2789, or email [email protected] 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on April 12, 
2013, OMB approved the new information collection requirements 
contained in the Commission's Order, FCC 12-144, published at 78 FR 
2078, January 9, 2013. The OMB Control Number is 3060-0920. The 
Commission publishes this notice as an announcement of the effective 
date of the requirements. If you have any comments on the burden 
estimates listed below, or how 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 the OMB Control 
Number, 3060-0920, in your correspondence. The Commission will also 
accept your comments via the Internet if you send them to [email protected] 
[email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] [email protected] or 
call the Consumer and 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 FCC is notifying the public that it received OMB approval on 
April 12, 2013, for the new information collection requirements 
contained in the Commission's rules at 47 CFR 73.807, 73.810, 73.827, 
73.850, 73.853, 73.855, 73.860, 73.872 and FCC Form 318.
    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 current, valid OMB Control Number. The OMB 
Control Number is 3060-0920.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0920.
    OMB Approval Date: April 12, 2013.
    OMB Expiration Date: April 30, 2016.
    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; Sec. Sec.  73.807, 73.809, 73.810, 73.827, 
73.850, 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.
    Respondents: Not-for-profit institutions; State, local or Tribal 
governments.
    Number of Respondents and Responses: 21,019 respondents; 27,737 
responses.
    Estimated Time per Response: .0025 to 12 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirement; monthly reporting requirement; third party 
disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
sections 154(i), 303, 308, and 325(a) of the Communications Act of 
1934, as amended.
    Total Annual Burden: 35,471 hours.
    Total Annual Cost: $39,750.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On December 4, 2012, the FCC released a Sixth 
Report and Order (``Order''), MM Docket No. 99-25, FCC 12-144. In the 
Order, the FCC revised Sec.  73.853(b) of the Commission's rules 
(``rules'') to permit

[[Page 23855]]

federally recognized Native American Tribes and Alaska Native Villages 
(``Tribal Nations'') and entities owned or controlled by Native Nations 
(collectively, ``Tribal Nation Applicants'') to hold LPFM licenses. The 
FCC also revised its definition of local to specify that Tribal Nation 
Applicants are considered local throughout their Tribal lands. We have 
revised FCC Form 318 to reflect these changes.
    In the Order, the FCC also modified its ownership rules. First, the 
FCC revised its cross-ownership rule to permit cross-ownership of an 
LPFM station and up to two FM translator stations. Second, the FCC 
modified its cross-ownership rule to permit Tribal Nation Applicants to 
seek up to two LPFM construction permits to ensure adequate coverage of 
tribal lands. We have revised FCC Form 318 to reflect these changes.
    The FCC further modified the point system used to select among 
mutually exclusive LPFM applicants and set forth in Sec.  73.872 of the 
rules. First, the FCC revised the ``established community presence'' 
criterion to extend the ``established community presence'' standard in 
rural areas. Under the earlier version of the rule, an LPFM applicant 
was deemed to have an established community presence if it was 
physically headquartered or had a campus within ten miles of the 
proposed LPFM transmitter site, or if 75 percent of its board members 
resided within ten miles of the proposed LPFM transmitter site. The FCC 
changed the standard from ten to twenty miles for all LPFM applicants 
proposing facilities located outside the top fifty urban markets, for 
both the distance from transmitter and residence of board member 
standards. Second, the FCC modified the point system to award a point 
to Tribal Nation Applicants, when they propose to provide LPFM service 
to Tribal Nation communities. Third, the FCC established additional 
points criteria related to maintenance and staffing of a main studio, 
commitments to locally originate programming and maintain and staff a 
main studio, and new entry into the broadcasting field. We have revised 
the Form 318 to reflect these changes to the point system.
    The FCC made a number of changes related to time-sharing. It 
adopted a requirement that parties submit voluntary time-sharing 
agreements via the Consolidated Database System. It also revised the 
Commission's involuntary time-sharing policy. As a result of these 
changes, an LPFM applicant must submit the date on which it qualified 
as having an ``established community presence.'' The FCC also may 
require certain LPFM applicants to indicate which 8-hour and 12-hour 
time slots they prefer. Finally, the FCC adopted a mandatory time-
sharing policy similar to that applicable to full-service noncommercial 
educational FM stations. We have revised the Form 318 to reflect these 
changes.
    Finally, the FCC modified the manner in which it processes requests 
for waiver of the second-adjacent channel minimum distance separation 
requirement, amended the rule related to third-adjacent channel 
interference, and amended the rule that sets forth the obligations of 
LPFM stations with respect to interference to the input signals of FM 
translator or FM booster stations. We have revised the Form 318 to 
reflect these proposed changes.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the Secretary, Office of Managing 
Director.
[FR Doc. 2013-09545 Filed 4-22-13; 8:45 am]
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