[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22028-22032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07662]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1035, OMB 3060-1290; FR ID 135847]


Information Collections Being Reviewed by the Federal 
Communications Commission

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 of 1995 (PRA), the 
Federal Communications Commission (FCC or Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. 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

[[Page 22029]]

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 Office of Management and Budget (OMB) 
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 OMB control number.

DATES: Written PRA comments should be submitted on or before June 12, 
2023. 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 Cathy Williams, FCC, via email to 
[email protected] and to [email protected].

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

SUPPLEMENTARY INFORMATION: 
    OMB Control No.: 3060-1035.
    Title: Part 73, Subpart F International Broadcast Stations.
    Form No.: FCC Forms 309-IBFS, 310-IBFS, 311-IBFS, and 426.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents/Responses: 258 respondents; 258 responses.
    Estimated Time per Response: 2-720 hours.
    Frequency of Response: Recordkeeping requirement; On occasion, 
semi-annual, weekly and annual reporting requirements.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Sections 1, 4(i), 301, 303, 307, 308(b) 334, 336, 554 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301, 
303, 307, 308(b), 334, 336, 554, and Part 73 of the Commission's rules.
    Total Annual Burden: 20,125 hours.
    Annual Cost Burden: $123,230.
    Needs and Uses: The Federal Communications Commission 
(``Commission'') is requesting that the Office of Management and Budget 
(OMB) approve a revision of the information collection titled ``Part 
73, Subpart F International Broadcast Stations'' under OMB Control No. 
3060-1035.
    The Commission has updated the International Bureau Filing System 
(IBFS) to allow for filing of electronic forms directly into the system 
through an integrated web-based program with fillable fields. The 
integrated web-based program requires the use of an FCC Registration 
Number (FRN) and includes support for Form 309-IBFS, 310-IBFS, and 311-
IBFS. The new system also includes a standardized form to file 
frequency requests, Form 426, which were previously done through email 
correspondence and approved as part of this collection. Applicants will 
be required to submit these forms through the integrated web-based 
program. Filing through the web-based program will reduce the burden 
hours on the on applicants. Therefore, this information collection is 
being revised to reflect the new form format for Forms 309-IBFS, 310-
IBFS and 311-IBFS, the new Form 426, and changes in costs associated 
with the automated functions of the forms.
    On July 13, 2021, the Commission released an Order titled, ``In the 
Matter of Mandatory Electronic Filing of Section 325(c) Applications, 
International Broadcast Applications, and Dominant Carrier Section 
63.10(c) Quarterly Reports'' (FCC 21-87). Over the past decades, the 
Commission has made significant progress to upgrade and modernize its 
filing systems and procedures. The purpose of this Order is to require 
that any remaining applications and reports administered by the 
International Bureau and filed on paper or through an alternative 
filing process be filed only electronically through the Commission's 
International Bureau Filing System (IBFS).
    The information collected pursuant to the rules set forth in 47 CFR 
part 73 Subpart F is used by the Commission to assign frequencies for 
use by international broadcast stations, to grant authority to operate 
such stations, and to determine if interference or adverse propagation 
conditions exists that may impact the operation of such stations. If 
the Commission did not collect this information, it would not be in a 
position to effectively coordinate spectrum for international 
broadcasters or to act for entities in times of frequency interference 
or adverse propagation conditions. The orderly nature of the provision 
of international broadcast service would be in jeopardy without the 
Commission's involvement.
    The full title and purpose of each application are summarized 
below:
    1. Application for Authority to Construct or Make Changes in an 
International, Experimental Television, Experimental Facsimile, or a 
Developmental Broadcast Station (FCC Form 309-IBFS)--The FCC Form 309-
IBFS is filed on occasion when the applicant is requesting authority to 
construct or make modifications to the international broadcast station.
    2. Application for an International, Experimental Television, 
Experimental Facsimile, or a Developmental Broadcast Station License 
(FCC Form 310-IBFS)--The FCC Form 310-IBFS is filed on occasion when 
the applicant is submitting an application for a new international 
broadcast station.
    3. Application for Renewal of an International or Experimental 
Broadcast Station License (FCC Form 311-IBFS)--The FCC Form 311-IBFS is 
filed by applicants who are requesting renewal of their international 
broadcast station licenses.
    4. Application for International High Frequency Broadcasting--
Frequency Coordination Request (Form 426)--The FCC Form 426 is filed by 
applicants who are requesting frequencies for an upcoming broadcast 
season.
    As part of and in addition to the FCC Forms 309-IBFS, 310-IBFS and 
311-IBFS, this information collection includes the following 
collections of information:
    1. 47 CFR 1.1301-1.1319 cover certifications of compliance with the 
National Environmental Policy Act and how the public will be protected 
from radio frequency radiation hazards.
    2. 47 CFR 73.702(a) states that six months prior to the start of 
each season, licensees and permittees shall by informal written 
request, submitted to the Commission electronically in the 
International Bureau Filing System (IBFS), indicate for the season the 
frequency or frequencies desired for transmission to each zone or area 
of reception specified in the license or permit, the specific hours 
during which it desires to transmit to such zones or areas on each 
frequency, and the power, antenna gain, and antenna bearing it desires 
to use. Requests will be honored to the extent that interference and 
propagation conditions permit and that they are otherwise in accordance 
with the provisions of section 47 CFR 73.702(a).
    3. 47 CFR 73.702(b) states that two months before the start of each 
season, the licensee or permittee must electronically inform the 
Commission in IBFS as to whether it plans to operate in accordance with 
the Commission's

[[Page 22030]]

authorization or operate in another manner.
    4. 47 CFR 73.702(c) permits entities to file requests for changes 
to their original request electronically in IBFS for assignment and use 
of frequencies if they are able to show good cause. Because 
international broadcasters are assigned frequencies on a seasonal 
basis, as opposed to the full term of their eight-year license 
authorization, requests for changes need to be filed by entities on 
occasion.
    5. 47 CFR 73.702(d) (note) states that permittees who during the 
process of construction wish to engage in equipment tests shall by 
informal written request, submitted to the Commission in IBFS not less 
than 30 days before they desire to begin such testing, indicate the 
frequencies they desire to use for testing and the hours they desire to 
use those frequencies.
    6. 47 CFR 73.702(e) states within 14 days after the end of each 
season, each licensee or permittee must file a report with the 
Commission electronically in IBFS, stating whether the licensee or 
permittee has operated the number of frequency hours authorized by the 
seasonal schedule to each of the zones or areas of reception specified 
in the schedule.
    7. 47 CFR 73.702(h)(2) states that International Broadcast Stations 
must submit sufficient antenna performance information electronically 
in IBFS to ensure that during the hours of 0800-1600 UTC (Coordinated 
Universal Time) antenna gain with reference to an isotropic radiator in 
any easterly direction that would intersect any area in Region 2 shall 
not exceed 2.15 dBi.
    8. 47 CFR 73.702(i) Note 4 specifies that seasonal requests for 
frequency-hours will be only for transmissions to zones or areas of 
reception specified in the basic instrument of authorization. Changes 
in such zones or areas will be made only on separate application for 
modification of such instruments electronically in IBFS.
    9. 47 CFR 73.702(j) requires a showing of good cause made 
electronically in IBFS a licensee may be authorized to operate on more 
than one frequency at any one time to transmit any one program to a 
single zone or area of reception.
    10. 47 CFR 73.702(m) requires a showing made electronically in IBFS 
that good cause exists for not having its requested number of 
frequency-hours reduced and that operation of its station without such 
reduction would be consistent with the public interest may be 
authorized the frequency-hours requested, when the total maximum number 
of frequency-hours which will be authorized to all licensees of 
international broadcasting stations during any one day for any season 
is 100.
    11. 47 CFR 73.713--Program Tests
    (a) Upon completion of construction of an international 
broadcasting station in accordance with the terms of the construction 
permit, the technical provisions of the application therefor, and the 
rules and regulations and the applicable engineering standards, and 
when an application for station license has been filed showing the 
station to be in satisfactory operating condition, the permittee may 
request authority to conduct program tests. Such request shall be 
electronically filed with the FCC in the International Filing System 
(IBFS) at least 10 days prior to the date on which it is desired to 
begin such operation. All data necessary to show compliance with the 
terms and conditions of the construction permit must be filed with the 
license application.
    (b) Program tests shall not commence until specific Commission 
authority is received. The Commission reserves the right to change the 
date of the beginning of such tests or to suspend or revoke the 
authority for program tests as and when such action may appear to be in 
the public interest, convenience, and necessity.
    (c) Unless sooner suspended or revoked, program test authority 
continues valid during Commission consideration of the application for 
license and during this period further extension of the construction 
permit is not required. Program test authority shall be automatically 
terminated by final determination upon the application for station 
license.
    (d) All operation under program test authority shall be in strict 
compliance with the rules governing international broadcasting stations 
and in strict accordance with representations made in the application 
for license pursuant to which the tests were authorized.
    (e) The granting of program test authority shall not be construed 
as approval by the Commission of the application for station license.
    12. 47 CFR 73.731--Licensing requirements
    (a) A license for an international broadcasting station will be 
issued only after a satisfactory showing has been made in regard to the 
following, among others:
    (1) That there is a need for the international broadcasting service 
proposed to be rendered.
    (2) That the necessary program sources are available to the 
applicant to render the international service proposed.
    (3) That the production of the program service and the technical 
operation of the proposed station will be conducted by qualified 
persons.
    (4) That the applicant is legally, technically and financially 
qualified and possesses adequate technical facilities to carry forward 
the service proposed.
    (5) That the public interest, convenience and necessity will be 
served through the operation of the proposed station.
    13. 47 CFR 73.732--Authorizations--Authorizations issued to 
international broadcasting stations by the Commission will be 
authorizations to permit the construction or use of a particular 
transmitting equipment combination and related antenna systems for 
international broadcasting, and to permit broadcasting to zones or 
areas of reception specified on the instrument of authorization. The 
authorizations will not specify the frequencies to be used or the hours 
of use. Requests for frequencies and hours of use will be made by 
electronic filing in the International Bureau Filing system (IBFS) as 
provided in Sec.  73.702. Seasonal schedules, when issued pursuant to 
the provisions of Sec.  73.702, will become attachments to and part of 
the instrument of authorization, replacing any such prior attachments.
    14. 47 CFR 73.759(c)(2) states that the transmission of regular 
programs during maintenance or modification work on the main 
transmitter, necessitating discontinuance of its operation for a period 
not to exceed 5 days. (This includes the equipment changes which may be 
made without authority as set forth elsewhere in the rules and 
regulations or as authorized by the Commission by letter or by 
construction permit. Where such operation is required for periods in 
excess of 5 days, request therefor shall be made electronically in the 
International Bureau Filing System (IBFS) in accordance with Sec.  
73.3542 of this chapter.)
    15. 47 CFR 73.759(d) states that the licensee or permittee must 
keep records of the time and results of each auxiliary transmitter test 
performed at least weekly.
    16. 47 CFR 73.761 states that specific authority, upon electronic 
filing of a formal application (FCC Form 309) therefor in the 
International Bureau Filing System (IBFS), is required for some changes 
specified in this section. Other changes, not specified in this 
section, may be made at any time without the authority of the

[[Page 22031]]

Commission: Provided, that the Commission shall be immediately notified 
electronically in IBFS thereof and such changes shall be shown in the 
next application for renewal of license.
    17. 47 CFR 73.762(b) requires that licensees notify the Commission 
in by electronic filing in the International Bureau Filing System 
(IBFS) of any limitation or discontinuance of operation of not more 
than 10 days.
    18. 47 CFR 73.762(c) states that the licensee or permittee must 
request by electronic filing in IBFS and receive specific authority 
from the Commission to discontinue operations for more than 10 days 
under extenuating circumstances.
    19. 47 CFR 73.782 requires that licensees retain logs of 
international broadcast stations for two years. If it involves 
communications incident to a disaster, logs should be retained as long 
as required by the Commission.
    20. 47 CFR 73.3533 Application for construction permit or 
modification of construction permit.
    (a) Application for construction permit, or modification of a 
construction permit, for a new facility or change in an existing 
facility is to be made on the following forms:
    (1) FCC Form 301, ``Application for Authority to Construct or Make 
Changes in an Existing Commercial Broadcast Station.''
    (2) FCC Form 309, ``Application for Authority to Construct or Make 
Changes in an Existing International or Experimental Broadcast 
Stations.'' For International Broadcast Stations, applications shall be 
filed electronically in the International Bureau Filing System (IBFS).
    (3) [Reserved]
    (4) FCC Form 340, ``Application for Authority to Construct or Make 
Changes in a Noncommercial Educational Broadcast Station.''
    (5) FCC Form 346, ``Application for Authority to Construct or Make 
Changes in a Low Power TV, TV Translator or TV Booster Station.''
    (6) FCC Form 349, ``Application for Authority to Construct or Make 
Changes in an FM Translator or FM Booster Station.''
    (7) FCC Form 318, ``Application for Construction Permit for a Low 
Power FM Broadcast Station.''
    (b) The filing of an application for modification of construction 
permit does not extend the expiration date of the construction permit. 
Extension of the expiration date must be applied for on FCC Form 307, 
in accordance with the provisions of Sec.  73.3533.
    (c) In each application referred to in paragraph (a) of this 
section, the applicant will provide the Antenna Structure Registration 
Number (FCC Form 854R) of the antenna structure upon which it will 
locate its proposed antenna. In the event the antenna structure does 
not already have a Registration Number, either the antenna structure 
owner shall file FCC Form 854 (``Application for Antenna Structure 
Registration'') in accordance with part 17 of this chapter or the 
applicant shall provide a detailed explanation why registration and 
clearance of the antenna structure is not necessary.
    21. 47 CFR 73.3536(b)(2) Application for license to cover 
construction permit.
    (a) The application for station license shall be filed by the 
permittee pursuant to the requirements of Sec.  73.1620 Program tests.
    (b) The following application forms shall be used:
    (1)
    i. Form 302-AM for AM stations, ``Application for New AM Station 
Broadcast License.''
    ii. Form 302-FM for FM stations, ``Application for FM Station 
License.''
    iii. Form 302-TV for television stations, ``Application for TV 
Station Broadcast License.''
    (2) FCC Form 310, ``Application for an International or 
Experimental Broadcast Station License.''
    (3) [Reserved]
    (4) FCC Form 347, ``Application for a Low Power TV, TV Translator 
or TV Booster Station License.''
    (5) FCC Form 350, ``Application for an FM Translator or FM Booster 
Station License.''
    (6) FCC Form 319, ``Application for a Low Power FM Broadcast 
Station License.''
    (c) Eligible low power television stations which have been granted 
a certificate of eligibility may file FCC Form 302-CA, ``Application 
for Class A Television Broadcast Station Construction Permit Or 
License.''
    22. 47 CFR 73.3539 Application for renewal of license.
    (a) Unless otherwise directed by the FCC, an application for 
renewal of license shall be filed not later than the first day of the 
fourth full calendar month prior to the expiration date of the license 
sought to be renewed, except that applications for renewal of license 
of an experimental broadcast station shall be filed not later than the 
first day of the second full calendar month prior to the expiration 
date of the license sought to be renewed. If any deadline prescribed in 
this paragraph falls on a nonbusiness day, the cutoff shall be the 
close of business of the first full business day thereafter. For 
International Broadcast Stations, applications shall be filed 
electronically in the International Bureau Filing System (IBFS).
    (b) No application for renewal of license of any broadcast station 
will be considered unless there is on file with the FCC the information 
currently required by Sec. Sec.  73.3612 through 73.3615, inclusive, 
for the particular class of station.
    (c) Whenever the FCC regards an application for a renewal of 
license as essential to the proper conduct of a hearing or 
investigation, and specifically directs that it be filed by a date 
certain, such application shall be filed within the time thus 
specified. If the licensee fails to file such application within the 
prescribed time, the hearing or investigation shall proceed as if such 
renewal application had been received.
    (d) Renewal application forms titles and numbers are listed in 
Sec.  73.3500, Application and Report Forms.
    OMB Control No.: 3060-1290.
    Title: Application for Voluntary Assignment of Transfers and 
Controls, 47 CFR 73.3540.
    Form No.: FCC Forms 314-IBFS, 315-IBFS, and 316-IBFS.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Individuals and 
Households.
    Number of Respondents/Responses: 2 respondents; 2 responses.
    Estimated Time per Response: 10 hours.
    Frequency of Response: Recordkeeping requirement and On occasion 
reporting requirement.
    Obligation To Respond: The statutory authority for this information 
collection is contained in Sections The statutory authority for this 
information collection is contained in Sections 1, 4(i), 301, 303, 307, 
and 308(b) 334, 336, 554 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 301, 303, 307, 308(b), 334, 336, 554, and Part 
73 of the Commission's rules.
    Total Annual Burden: 20 hours.
    Annual Cost Burden: $1,305.
    Needs and Uses: The Federal Communications Commission 
(``Commission'') is requesting that the Office of Management and Budget 
(OMB) approve a revision of the information collection titled 
``Application for Voluntary Assignment of Transfers and Controls, 47 
CFR 73.3540'' under OMB Control Number 3060-1290.
    The Commission has updated the International Bureau Filing System 
(IBFS) to allow for filing of electronic forms directly into the system 
through an integrated web-based program with

[[Page 22032]]

fillable fields. The integrated web-based program requires the use of 
an FCC Registration Number (FRN) will include support for Forms 314-
IBFS, 315-IBFS, and 316-IBFS. Applicants will be required to submit 
these forms through the integrated web-based program. The forms were 
previously in development but are now completed and included as part of 
this collection.
    On July 13, 2021, the Commission released an Order titled, ``In the 
Matter of Mandatory Electronic Filing of Section 325(c) Applications, 
International Broadcast Applications, and Dominant Carrier Section 
63.10(c) Quarterly Reports.'' The purpose of this Order is to require 
that any remaining applications and reports administered by the 
International Bureau and filed on paper or through an alternative 
filing process be filed only electronically through the Commission's 
International Bureau Filing System (IBFS).
    In July 2021, OMB approved this information collection under OMB 
Control No 3060-1290 to implement mandatory electronic filing of 
International Broadcast station applications in the International 
Bureau Filing System (IBFS). The versions of FCC Forms 314, 315, and 
316 to be used by International Bureau licensees were renamed as FCC 
Form 314-IBFS, FCC Form 315-IBFS and FCC Form 316-IBFS. These forms 
will only be used by the International Broadcast stations in IBFS.
    Under 47 CFR 73.3540, the filings of the FCC Forms 314-IBFS, 315-
IBFS, and 316-IBFS are required when applying for consent for 
assignment of a broadcast station construction permit or license. In 
addition, the applicant must notify the Commission when an approved 
assignment or transfer of control of a broadcast station construction 
permit or license has been consummated.
    The FCC Forms 314, 315, and 316 were previously shared between the 
Media Bureau and the International Bureau. The forms were used by the 
International Bureau for International Broadcast stations and by the 
Media Bureau for other broadcast licenses. These FCC Forms were 
previously approved by Office of Management and Budget (OMB) for use by 
Media Bureau licensees under OMB 3060-0031 and OMB 3060-0009.
    Accordingly, the early forms included references to all broadcast 
services. The new version of the forms removes references to all 
services except for International Broadcast stations, since they are 
only used for these stations. The changes also remove references to 
rules that do not apply to International Broadcast stations and updates 
the instructions to comport with the new sections.
    Specifically, the Commission modified its rules to mandate the 
electronic filing of, among other things, applications for 
International Broadcast Stations, including applications for voluntary 
assignments and transfers of control. These mandatory electronic filing 
requirements will reduce costs and administrative burdens, result in 
greater efficiencies, facilitate faster and more efficient 
communications, and improve transparency to the public. The changes to 
section 73.3540 (c) and (d) state that ``[f]or International Broadcast 
Stations, the application shall be filed electronically in the 
International Bureau Filing System (IBFS).'' There are currently fewer 
than 20 International Broadcast stations subject to obligations in 
section 73.3540, and the International Bureau receives an average of 
one application involving voluntary transactions per year pursuant to 
section 73.3540.

Sec.  73.3540 Application for Voluntary Assignment or Transfer of 
Control

    (a) Prior consent of the FCC must be obtained for a voluntary 
assignment or transfer of control.
    (b) Application should be filed with the FCC at least 45 days prior 
to the contemplated effective date of assignment or transfer of 
control.
    (c) Application for consent to the assignment of construction 
permit or license must be filed on FCC Form 314 ``Assignment of 
license'' or FCC Form 316 ``Short form'' (See paragraph (f) of this 
section). For International Broadcast Stations, the application shall 
be filed electronically in the International Bureau Filing System 
(IBFS).
    (d) Application for consent to the transfer of control of a 
corporation holding a construction permit or license must be filed on 
FCC Form 315 ``Transfer of Control'' or FCC Form 316 ``Short form'' 
(see paragraph (f) of this section). For International Broadcast 
Stations, the application shall be filed electronically in the IBFS.
    (e) Application for consent to the assignment of construction 
permit or license or to the transfer of control of a corporate licensee 
or permittee for an FM or TV translator station, a low power TV station 
and any associated auxiliary station, such as translator microwave 
relay stations and UHF translator booster stations, only must be filed 
on FCC Form 345 ``Application for Transfer of Control of Corporate 
Licensee or Permittee, or Assignment of License or Permit for an FM or 
TV translator Station, or a Low Power TV Station.''
    (f) The following assignment or transfer applications may be filed 
on FCC ``Short form'' 316:
    (1) Assignment from an individual or individuals (including 
partnerships) to a corporation owned and controlled by such individuals 
or partnerships without any substantial change in their relative 
interests;
    (2) Assignment from a corporation to its individual stockholders 
without effecting any substantial change in the disposition of their 
interests;
    (3) Assignment or transfer by which certain stockholders retire and 
the interest transferred is not a controlling one;
    (4) Corporate reorganization which involves no substantial change 
in the beneficial ownership of the corporation;
    (5) Assignment or transfer from a corporation to a wholly owned 
subsidiary thereof or vice versa, or where there is an assignment from 
a corporation to a corporation owned or controlled by the assignor 
stockholders without substantial change in their interests; or
    (6) Assignment of less than a controlling interest in a 
partnership.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-07662 Filed 4-11-23; 8:45 am]
BILLING CODE 6712-01-P