[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37809-37812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14903]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collections Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork

[[Page 37810]]

burdens, invites the general public and other Federal agencies to take 
this opportunity to comment on the following information collection, as 
required by the Paperwork Reduction Act (PRA) of 1995. Comments are 
requested concerning 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; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
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 ways to further reduce the 
information collection burden on 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 PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before August 23, 
2013. 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: Direct all PRA comments to the Federal Communications 
Commission via email to [email protected] and [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0248.
    Title: Section 74.751, Modification of Transmission Systems.
    Form Number: Not applicable.
    Type of Review: Extension 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: 400 respondents; 400 
responses.
    Estimated Time per Response: 0.50 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement.
    Total Annual Burden: 200 hours.
    Total Annual Cost: None.
    Nature of Response: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 154(i) 
of the Communications Act of 1934, as amended.
    Confidentiality: There is no need for confidentiality with this 
collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: 47 CFR 74.751(a) and (c) require licensees of low 
power TV or TV translator stations to send written notification to the 
FCC of equipment changes which may be made at licensee's discretion 
without the use of a formal application. Section 74.751(d) requires 
that licensees of low power TV or TV translator stations place in the 
station records a certification that the installation of new or 
replacement transmitting equipment complies in all respects with the 
technical requirements of this section and the station authorization. 
The notifications and certifications of equipment changes are used by 
FCC staff to ensure that the equipment changes made are in full 
compliance with the technical requirements of this section and the 
station authorizations and will not cause interference to other 
authorized stations.
    OMB Control Number: 3060-0216.
    Title: Section 73.3538, Application to Make Changes in an Existing 
Station; Section 73.1690(e), Modification of Transmission Systems.
    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 and Responses: 650 respondents; 650 
responses.
    Estimated Hours per Response: 0.50--3 hours
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement.
    Total Annual Burden: 1,100 hours.
    Annual Burden Cost: None.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 154(i), 303(r), 308, 309(j) and 337(e) of the Communications 
Act of 1934, as amended.
    Privacy Impact Assessment: No impact(s)
    Needs and Uses: Section 73.3538(b)(1) of the Commission's rules 
requires a broadcast station to file an informal application to modify 
or discontinue the obstruction marking or lighting of an antenna 
supporting structure.
    Section 73.1690(e) of the Commission's rules requires AM, FM and TV 
station licensees to prepare an informal statement or diagram 
describing any electrical and mechanical modification to authorized 
transmitting equipment that can be made without prior Commission 
approval provided that equipment performance measurements are made to 
ensure compliance with FCC rules. This informal statement or diagram 
must be retained at the transmitter site as long as the equipment is in 
use.
    OMB Control Number: 3060-0185.
    Title: Section 73.3613, Filing of Contracts.
    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 and Responses: 2,300 respondents; 2,300 
responses.
    Estimated Hours per Response: 0.25 to 0.5 hours
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure
    Total Annual Burden: 950 hours.
    Total Annual Cost: $120,000.
    Privacy Impact Assessment: No impact(s).
    Obligation To Respond: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: No need for confidentiality 
required. The statutory authority for this collection is contained in 
Sections 154(i) and 303 of the Communications Act of 1934, as amended.
    Needs and Uses: 47 CFR 73.3613 requires each licensee or permittee 
of a commercial or noncommercial AM, FM, TV or International broadcast 
station shall file with the FCC copies of the following contracts, 
instruments, and documents together with amendments, supplements, and 
cancellations (with the substance of oral contracts reported in 
writing), within 30 days of execution thereof:
    (a) Network service: Network affiliation contracts between stations 
and networks will be reduced to writing and filed as follows:
    (1) All network affiliation contracts, agreements, or 
understandings between a TV broadcast or low power TV station and a 
national network. For the purposes of this paragraph the term network 
means any person, entity, or

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corporation which offers an interconnected program service on a regular 
basis for 15 or more hours per week to at least 25 affiliated 
television licensees in 10 or more states; and/or any person, entity, 
or corporation controlling, controlled by, or under common control with 
such person, entity, or corporation.
    (2) Each such filing on or after May 1, 1969, initially shall 
consist of a written instrument containing all of the terms and 
conditions of such contract, agreement or understanding without 
reference to any other paper or document by incorporation or otherwise. 
Subsequent filings may simply set forth renewal, amendment or change, 
as the case may be, of a particular contract previously filed in 
accordance herewith.
    (3) The FCC shall also be notified of the cancellation or 
termination of network affiliations, contracts for which are required 
to be filed by this section.
    (b) Ownership or control: Contracts, instruments or documents 
relating to the present or future ownership or control of the licensee 
or permittee or of the licensee's or permittee's stock, rights or 
interests therein, or relating to changes in such ownership or control 
shall include but are not limited to the following:
    (1) Articles of partnership, association, and incorporation, and 
changes in such instruments;
    (2) Bylaws, and any instruments effecting changes in such bylaws;
    (3) Any agreement, document or instrument providing for the 
assignment of a license or permit, or affecting, directly or 
indirectly, the ownership or voting rights of the licensee's or 
permittee's stock (common or preferred, voting or nonvoting), such as:
    (i) Agreements for transfer of stock;
    (ii) Instruments for the issuance of new stock; or
    (iii) Agreements for the acquisition of licensee's or permittee's 
stock by the issuing licensee or permittee corporation. Pledges, trust 
agreements, options to purchase stock and other executory agreements 
are required to be filed. However, trust agreements or abstracts 
thereof are not required to be filed, unless requested specifically by 
the FCC. Should the FCC request an abstract of the trust agreement in 
lieu of the trust agreement, the licensee or permittee will submit the 
following information concerning the trust:
    (A) Name of trust;
    (B) Duration of trust;
    (C) Number of shares of stock owned;
    (D) Name of beneficial owner of stock;
    (E) Name of record owner of stock;
    (F) Name of the party or parties who have the power to vote or 
control the vote of the shares; and
    (G) Any conditions on the powers of voting the stock or any unusual 
characteristics of the trust.
    (4) Proxies with respect to the licensee's or permittee's stock 
running for a period in excess of 1 year, and all proxies, whether or 
not running for a period of 1 year, given without full and detailed 
instructions binding the nominee to act in a specified manner. With 
respect to proxies given without full and detailed instructions, a 
statement showing the number of such proxies, by whom given and 
received, and the percentage of outstanding stock represented by each 
proxy shall be submitted by the licensee or permittee within 30 days 
after the stockholders' meeting in which the stock covered by such 
proxies has been voted. However, when the licensee or permittee is a 
corporation having more than 50 stockholders, such complete information 
need be filed only with respect to proxies given by stockholders who 
are officers or directors, or who have 1% or more of the corporation's 
voting stock. When the licensee or permittee is a corporation having 
more than 50 stockholders and the stockholders giving the proxies are 
not officers or directors or do not hold 1% or more of the 
corporation's stock, the only information required to be filed is the 
name of any person voting 1% or more of the stock by proxy, the number 
of shares voted by proxy by such person, and the total number of shares 
voted at the particular stockholders' meeting in which the shares were 
voted by proxy.
    (5) Mortgage or loan agreements containing provisions restricting 
the licensee's or permittee's freedom of operation, such as those 
affecting voting rights, specifying or limiting the amount of dividends 
payable, the purchase of new equipment, or the maintenance of current 
assets.
    (6) Any agreement reflecting a change in the officers, directors or 
stockholders of a corporation, other than the licensee or permittee, 
having an interest, direct or indirect, in the licensee or permittee as 
specified by Sec.  73.3615.
    (7) Agreements providing for the assignment of a license or permit 
or agreements for the transfer of stock filed in accordance with FCC 
application Forms 314, 315, 316 need not be resubmitted pursuant to the 
terms of this rule provision.
    (c) Personnel: (1) Management consultant agreements with 
independent contractors; contracts relating to the utilization in a 
management capacity of any person other than an officer, director, or 
regular employee of the licensee or permittee; station management 
contracts with any persons, whether or not officers, directors, or 
regular employees, which provide for both a percentage of profits and a 
sharing in losses; or any similar agreements.
    (2) The following contracts, agreements, or understandings need not 
be filed: Agreements with persons regularly employed as general or 
station managers or salesmen; contracts with program managers or 
program personnel; contracts with attorneys, accountants or consulting 
radio engineers; contracts with performers; contracts with station 
representatives; contracts with labor unions; or any similar 
agreements.
    (d)(1) Time brokerage agreements (also known as local marketing 
agreements): Time brokerage agreements involving radio stations where 
the licensee (including all parties under common ownership) is the 
brokering entity, the brokering and brokered stations are both in the 
same market as defined in the local radio multiple ownership rule 
contained in Sec.  73.3555(a), and more than 15 percent of the time of 
the brokered station, on a weekly basis is brokered by that licensee; 
time brokerage agreements involving television stations where the 
licensee (including all parties under common control) is the brokering 
entity, the brokering and brokered stations are both licensed to the 
same market as defined in the local television multiple ownership rule 
contained in Sec.  73.3555(b), and more than 15 percent of the time of 
the brokered station, on a weekly basis, is brokered by that licensee; 
time brokerage agreements involving radio or television stations that 
would be attributable to the licensee under Sec.  73.3555 Note 2, 
paragraph (i). Confidential or proprietary information may be redacted 
where appropriate but such information shall be made available for 
inspection upon request by the FCC.
    (2) Joint sales agreements: Joint sales agreements involving radio 
stations where the licensee (including all parties under common 
control) is the brokering entity, the brokering and brokered stations 
are both in the same market as defined in the local radio multiple 
ownership rule contained in Sec.  73.3555(a), and more than 15 percent 
of the advertising time of the brokered station on a weekly basis is 
brokered by that licensee. Confidential or proprietary information may 
be redacted where appropriate but such information

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shall be made available for inspection upon request by the FCC.
    (e) The following contracts, agreements or understandings need not 
be filed but shall be kept at the station and made available for 
inspection upon request by the FCC; sub-channel leasing agreements for 
Subsidiary Communications Authorization operation; franchise/leasing 
agreements for operation of telecommunications services on the 
television vertical blanking interval and in the visual signal; time 
sales contracts with the same sponsor for 4 or more hours per day, 
except where the length of the events (such as athletic contests, 
musical programs and special events) broadcast pursuant to the contract 
is not under control of the station; and contracts with chief 
operators.
    OMB Control Number: 3060-0932.
    Title: Application for Authority to Construct or Make Changes in a 
Class A Television Broadcast Station, FCC Form 301-CA; 47 CFR 
Section74.793(d).
    Form Number: FCC Form 301-CA.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents and Responses: 400 respondents; 400 
responses.
    Estimated Time per Response: 2.25-6 hours.
    Frequency of Response: On occasion reporting requirement; One-time 
reporting requirement; Third party disclosure requirement.
    Total annual burden: 3,300.
    Total annual costs: $3,199,200.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 
154(i), 307, 308, 309 and 319 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: FCC Form 301-CA is to be used in all cases by a 
Class A television station licensees seeking to make changes in the 
authorized facilities of such station. The FCC Form 301-CA requires 
applicants to certify compliance with certain statutory and regulatory 
requirements. Detailed instructions on the FCC Form 301-CA provide 
additional information regarding Commission rules and policies. The FCC 
301-CA application is presented primarily in a ``Yes/No'' certification 
format. However, it contains appropriate places for submitting 
explanations and exhibits where necessary or appropriate. Each 
certification constitutes a material representation. Applicants may 
only mark the ``Yes'' certification when they are certain that the 
response is correct. A ``No'' response is required if the applicant is 
requesting a waiver of a pertinent rule and/or policy, or where the 
applicant is uncertain that the application fully satisfies the 
pertinent rule and/or policy.
    47 CFR Section 74.793(d) requires that digital low power and TV 
translator stations shall be required to submit information as to 
vertical radiation patterns as part of their application (301-CA) for 
new or modified construction permits.
    OMB Control Number: 3060-0404.
    Title: Application for an FM Translator or FM Booster Station 
License, FCC Form 350.
    Form Number: FCC Form 350.
    Type of Review: Extension 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 Reponses: 350 respondents; 350 responses.
    Frequency of Response: On occasion reporting requirement.
    Estimated Time per Response: 1 hour.
    Total Annual Burden: 350 hours.
    Total Annual Cost: $26,250.
    Obligation to Respond: Required to obtain and retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 154(i), 307, 308 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.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: Licensees and permittees of FM Translator or FM 
Booster stations are required to file FCC Form 350 to obtain a new or 
modified station license. The data is used by FCC staff to confirm that 
the station has been built to terms specified in the outstanding 
construction permit. Data from the FCC Form 350 is extracted for 
inclusion in the subsequent license to operate the station.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-14903 Filed 6-21-13; 8:45 am]
BILLING CODE 6712-01-P