[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20859-20861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07597]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0706, OMB 3060-1121; FR ID 81141]


Information Collections Requirement 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: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995, the 
Federal Communications Commission (Commission) invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection. Comments are requested 
concerning: Whether the 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 
Commission 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 June 7, 
2022.

ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to 
[email protected] and to [email protected]. Include in the comments the 
Title as shown in the SUPPLEMENTARY INFORMATION below.

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

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0706.
    Title: Sections 76.952 and 76.990, Cable Act Reform.
    Type of Review: Extension a currently approved collection.
    Respondents: Business or other for-profit entities; State, Local or 
Tribal Government.
    Number of Respondents and Responses: 70 respondents; 70 responses.
    Estimated Time per Response: 1-8 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
the Telecommunications Act of 1996, Public Law 104-104, Sections 301 
and 302, 110 Stat. 56, 114-124.
    Total Annual Burden: 210 hours.
    Total Annual Cost: None.
    Needs and Uses: The information collection requirements contained 
in 47 CFR 76.952 state that all cable operators must provide to the 
subscribers on monthly bills the name, mailing address and phone number 
of the franchising authority, unless the franchising authority in 
writing requests that the cable operator omits such information. The 
cable operator must also provide subscribers with the FCC community 
unit identifier for the cable system in their communities. 47 CFR 
76.990(b)(1) requires that a small cable operator may certify in 
writing to its franchise authority at any time that it meets all 
criteria necessary to qualify as a small operator. Upon request of the 
local franchising authority, the operator shall identify in writing all 
of its affiliates that provide cable service, the total subscriber base 
of itself and each affiliate, and the aggregate gross revenues of its 
cable and non-cable affiliates. Within 90 days of receiving the 
original certification, the local franchising authority shall determine 
whether the operator qualifies for deregulation and shall notify the 
operator in writing of its decision, although this 90-day period shall 
be tolled for so long as it takes the operator to respond to a proper 
request for information by the local franchising authority. An operator 
may appeal to the Commission a local franchise authority's information 
request if the operator seeks to challenge the information request as 
unduly or unreasonably burdensome. If the local franchising authority 
finds that the operator does not qualify for deregulation, its notice 
shall state the grounds for that decision. The operator may appeal the 
local franchising authority's decision to the Commission within 30 
days.
    OMB Control No.: 3060-1121.
    Title: Sections 1.30002, 1.30003, 1.30004, 73.875, 73.1657 and 
73.1690, Disturbance of AM Broadcast Station Antenna Patterns.
    Form No.: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities and Not-for-
profit Institutions.
    Number of Respondents and Responses: 1,195 respondents and 1,195 
responses.
    Estimated Time per Response: 1-2 hours.
    Frequency of Response: On occasion reporting requirement and third-
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
Section 154(i) of the Communications Act of 1934, as amended.
    Total Annual Burden: 1,960 hours.
    Total Annual Cost: $1,078,200.
    Needs and Uses: On August 14, 2013, the Commission adopted the 
Third Report and Order and Second Order on Reconsideration in the 
matter of An Inquiry Into the Commission's Policies and Rules Regarding 
AM Radio Service Directional Antenna Performance Verification, MM 
Docket No. 93-177, FCC 13-115. In the Third Report and Order in this 
proceeding, the Commission harmonized and streamlined the Commission's 
rules regarding tower construction near AM stations.
    In AM radio, the tower itself functions as the antenna. 
Consequently, a nearby tower may become an unintended part of the AM 
antenna system, reradiating

[[Page 20860]]

the AM signal and distorting the authorized AM radiation pattern. Our 
old rules contained several sections concerning tower construction near 
AM antennas that were intended to protect AM stations from the effects 
of such tower construction, specifically, Sections 73.1692, 22.371, and 
27.63. These old rule sections imposed differing requirements on the 
broadcast and wireless entities, although the issue is the same 
regardless of the types of antennas mounted on a tower. Other rule 
parts, such as Part 90 and Part 24, entirely lacked provisions for 
protecting AM stations from possible effects of nearby tower 
construction. In the Third Report and Order the Commission adopted a 
uniform set of rules applicable to all services, thus establishing a 
single protection scheme regarding tower construction near AM tower 
arrays. The Third Report and Order also designates ``moment method'' 
computer modeling as the principal means of determining whether a 
nearby tower affects an AM radiation pattern. This serves to replace 
time-consuming direct measurement procedures with a more efficient 
computer modeling methodology that is reflective of current industry 
practice.
    Information Collection Requirements Contained in this Collection: 
47 CFR 1.30002(a) requires a proponent of construction or modification 
of a tower within a specified distance of a nondirectional AM station, 
and also exceeding a specified height, to notify the AM station at 
least 30 days in advance of the commencement of construction. If the 
tower construction or modification would distort the AM pattern, the 
proponent shall be responsible for the installation and maintenance of 
detuning equipment.
    47 CFR 1.30002(b) requires a proponent of construction or 
modification of a tower within a specified distance of a directional AM 
station, and also exceeding a specified height, to notify the AM 
station at least 30 days in advance of the commencement of 
construction. If the tower construction or modification would distort 
the AM pattern, the proponent shall be responsible for the installation 
and maintenance of detuning equipment.
    47 CFR 1.30002(c) states that proponents of tower construction or 
alteration near an AM station shall use moment method modeling, 
described in Sec.  73.151(c), to determine the effect of the 
construction or alteration on an AM radiation pattern.
    47 CFR 1.30002(f) states that, with respect to an AM station that 
was authorized pursuant to a directional proof of performance based on 
field strength measurements, the proponent of the tower construction or 
modification may, in lieu of the study described in Sec.  1.30002 (c), 
demonstrate through measurements taken before and after construction 
that field strength values at the monitoring points do not exceed the 
licensed values. In the event that the pre-construction monitoring 
point values exceed the licensed values, the proponent may demonstrate 
that post-construction monitoring point values do not exceed the pre-
construction values. Alternatively, the AM station may file for 
authority to increase the relevant monitoring point value after 
performing a partial proof of performance in accordance with Sec.  
73.154 to establish that the licensed radiation limit on the applicable 
radial is not exceeded.
    47 CFR 1.30002(g) states that tower construction or modification 
that falls outside the criteria described in paragraphs Sec.  
1.30002(a) and (b) is presumed to have no significant effect on an AM 
station. In some instances, however, an AM station may be affected by 
tower construction notwithstanding the criteria set forth in paragraphs 
Sec.  1.30002(a) and (b). In such cases, an AM station may submit a 
showing that its operation has been affected by tower construction or 
alteration. Such showing shall consist of either a moment method 
analysis or field strength measurements. The showing shall be provided 
to (i) the tower proponent if the showing relates to a tower that has 
not yet been constructed or modified and otherwise to the current tower 
owner, and (ii) to the Commission, within two years after the date of 
completion of the tower construction or modification. If necessary, the 
Commission shall direct the tower proponent to install and maintain any 
detuning apparatus necessary to restore proper operation of the AM 
antenna.
    47 CFR 1.30002(h) states that an AM station may submit a showing 
that its operation has been affected by tower construction or 
modification commenced or completed prior to or on the effective date 
of the rules adopted in this Part pursuant to MM Docket No. 93-177. 
Such a showing shall consist of either a moment method analysis or of 
field strength measurements. The showing shall be provided to the 
current owner and the Commission within one year of the effective date 
of the rules adopted in this Part. If necessary, the Commission shall 
direct the tower owner, if the tower owner holds a Commission 
authorization, to install and maintain any detuning apparatus necessary 
to restore proper operation of the AM antenna.
    47 CFR 1.30002(i) states that a Commission applicant may not 
propose, and a Commission licensee or permittee may not locate, an 
antenna on any tower or support structure, whether constructed before 
or after the effective date of these rules, that is causing a 
disturbance to the radiation pattern of the AM station, as defined in 
paragraphs Sec.  1.30002(a) and (b), unless the applicant, licensee, or 
tower owner completes the new study and notification process and takes 
appropriate ameliorative action to correct any disturbance, such as 
detuning the tower, either prior to construction or at any other time 
prior to the proposal or antenna location.
    47 CFR 1.30003(a) states that when antennas are installed on a 
nondirectional AM tower the AM station shall determine operating power 
by the indirect method (see Sec.  73.51). Upon the completion of the 
installation, antenna impedance measurements on the AM antenna shall be 
made. If the resistance of the AM antenna changes, an application on 
FCC Form 302-AM (including a tower sketch of the installation) shall be 
filed with the Commission for the AM station to return to direct power 
measurement. The Form 302-AM shall be filed before or simultaneously 
with any license application associated with the installation.
    47 CFR 1.30003(b) requires that, before antennas are installed on a 
tower in a directional AM array, the proponent shall notify the AM 
station so that, if necessary, the AM station may determine operating 
power by the indirect method (see Sec.  73.51) and request special 
temporary authority pursuant to Sec.  73.1635 to operate with 
parameters at variance. For AM stations licensed via field strength 
measurements (see Sec.  73.151(a)), a partial proof of performance (as 
defined by Sec.  73.154) shall be conducted both before and after 
construction to establish that the AM array will not be and has not 
been adversely affected. For AM stations licensed via a moment method 
proof (see Sec.  73.151(c)), the proof procedures set forth in Sec.  
73.151(c) shall be repeated. The results of either the partial proof of 
performance or the moment method proof shall be filed with the 
Commission on Form 302-AM before or simultaneously with any license 
application associated with the installation.
    47 CFR 1.30004(a) requires proponents of proposed tower 
construction or modification to an existing tower near an AM station 
that

[[Page 20861]]

are subject to the notification requirement in Sec. Sec.  1.30002-
1.30003 to provide notice of the proposed tower construction or 
modification to the AM station at least 30 days prior to commencement 
of the planned tower construction or modification. Notification to an 
AM station and any responses may be oral or written. If such 
notification and/or response is oral, the party providing such 
notification or response must supply written documentation of the 
communication and written documentation of the date of communication 
upon request of the other party to the communication or the Commission. 
Notification must include the relevant technical details of the 
proposed tower construction or modification, and, at a minimum, also 
include the following: Proponent's name and address; coordinates of the 
tower to be constructed or modified; physical description of the 
planned structure; and results of the analysis showing the predicted 
effect on the AM pattern, if performed.
    47 CFR 1.30004(b) requires that a response to a notification 
indicating a potential disturbance of the AM radiation pattern must 
specify the technical details and must be provided to the proponent 
within 30 days.
    47 CFR 1.30004(d) states that if an expedited notification period 
(less than 30 days) is requested by the proponent, the notification 
shall be identified as ``expedited,'' and the requested response date 
shall be clearly indicated.
    47 CFR 1.30004(e) states that in the event of an emergency 
situation, if the proponent erects a temporary new tower or makes a 
temporary significant modification to an existing tower without prior 
notice, the proponent must provide written notice to potentially 
affected AM stations within five days of the construction or 
modification of the tower and cooperate with such AM stations to remedy 
any pattern distortions that arise as a consequence of such 
construction.
    47 CFR 73.875(c) requires an LPFM applicant to submit an exhibit 
demonstrating compliance with Sec.  1.30003 or Sec.  1.30002, as 
applicable, with any modification of license application filed solely 
pursuant to paragraphs (c)(1) and (c)(2) of this section, where the 
installation is on or near an AM tower, as defined in Sec.  1.30002.
    47 CFR 73.1675(c)(1) states that where an FM, TV, or Class A TV 
licensee or permittee proposes to mount an auxiliary facility on an AM 
tower, it must also demonstrate compliance with Sec.  1.30003 in the 
license application.
    47 CFR 73.1690(c) requires FM, TV, or Class A TV station applicants 
to submit an exhibit demonstrating compliance with Sec.  1.30003 or 
Sec.  1.30002, as applicable, with a modification of license 
application, except for applications solely filed pursuant to 
paragraphs (c)(6) or (c)(9) of this section, where the installation is 
located on or near an AM tower, as defined in Sec.  1.30002.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2022-07597 Filed 4-7-22; 8:45 am]
BILLING CODE 6712-01-P