[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47088-47089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11493]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-126; FCC 23-112; FR ID 220976]


Low Power Protection Act

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of operational date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, the information collection 
requirements associated with the Commission's rules in a Report and 
Order that implements the Low Power Protection Act. The Commission's 
Report and Order stated that the Commission would publish a document in 
the Federal Register announcing the effective date of those rules. 
However, due to a drafting technicality, those requirements are already 
effective. This document announces that the requirements are 
operational.

DATES: The amendments to the Commission's rules at 47 CFR 73.6030(c) 
and (d), published at 89 FR 1466, January 10, 2024, are operational May 
31, 2024.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Policy Division, Media 
Bureau, at 202-418-2154, or via email at [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on May 7, 
2024, OMB approved the information collection requirements contained in 
Sec. Sec.  73.6030(c) and (d) of the Commission's rules. The OMB 
Control Number is 3060-1326. In addition, on May 7, 2024, OMB approved 
the information collection requirements associated with a revision to 
FCC Form 2100, Application for Media Bureau Audio and Video Service 
Authorization, Schedule F (formerly FCC 302-CA). The OMB Control Number 
is 3060-0928. The Commission publishes this document as an announcement 
of the operational date of these rules. 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 3-317, 45 L Street 
NE, Washington, DC 20554. Please include the OMB Control Number, 3060-
1326 and/or 3060-0928, in your correspondence. The Commission will also 
accept your comments via email at [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] 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 final OMB 
approval on May 7, 2024, for the information collection requirements 
contained in new Sec.  73.6030(c) and (d) of the Commission's rules and 
the information collection requirements contained in revisions to FCC 
Form 2100, Schedule F.
    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 foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 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: 3060-1326.
    OMB Approval Date: May 7, 2024.
    OMB Expiration Date: May 31, 2027.
    Title: Class A Television Stations--Low Power Protection Act.
    Respondents: Business or other for-profit entities, not-for-profit 
institutions, and state, local, or tribal governments.
    Number of Respondents and Responses: 50 respondents; 250 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: One-time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 151, 152, 154(i), 154(j), 303, 307, 309, 311, 336(f), and the 
Low Power Protection Act, Public Law 117-344, 136 Stat. 6193 (2023).
    Total Annual Burden: 250 hours.
    Total Annual Cost: No cost.
    Needs and Uses: The Commission will use the information collected 
under this information collection to determine whether applicants can 
convert to Class A status pursuant to the Low Power Protection Act.
    On December 11, 2023, the Commission adopted a Report and Order to 
implement the Low Power Protection Act (LPPA or Act), which was enacted 
on January 5, 2023. The LPPA provides certain low power television 
(LPTV) stations with a limited window of opportunity to apply for 
primary spectrum use status as Class A television stations. The Report 
and Order establishes the period during which eligible stations may 
file applications for Class A status, eligibility and interference 
requirements, and the process for submitting applications.
    The Report and Order adopts new rules 47 CFR 73.6030(c) and (d) 
which contain information collections. Section 73.6030(c) provides that 
applications for conversion to Class A status must be submitted using 
FCC Form 2100, Schedule F within one year beginning on the date on 
which the Commission issues notice that the rules implementing the Low 
Power Protection Act take effect. The licensee will be required to 
submit, as part of its application, a statement concerning the 
station's operating schedule during the 90 days preceding January 5, 
2023 and a list of locally produced programs aired during that time 
period. The applicant may also submit other documentation, or may be 
requested by Commission staff to submit other documentation, to support 
its certification that the licensee meets the eligibility requirements 
for a Class A license under the Low Power Protection Act. Section 
73.6030(d) provides that A Class A television broadcast license will 
only be issued under the Low Power Protection Act to a low power 
television licensee that files an application for a Class A Television 
license (FCC Form 2100,

[[Page 47089]]

Schedule F), which is granted by the Commission.
    Under this new information collection, the Commission will collect 
the information, disclosures, and certifications required by Sec.  
73.6030(c) and (d) of the Commission's rules from each applicant 
seeking to convert to Class A status and will use the information, 
disclosures, and certifications to determine whether an applicant is 
qualified to convert to a Class A station. Without the information 
collected, the Commission will not be able to determine if an applicant 
is qualified to become a Class A station under the LPPA.
    OMB Control Number: 3060-0928.
    OMB Approval Date: May 7, 2024.
    OMB Expiration Date: May 31, 2027.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule F (Formerly FCC 302-CA); 47 CFR 
73.6028; Section 73.3700(b)(3); Section 73.3700(h)(2) and Section 
73.3572(h).
    Form Number: FCC Form 2100, Schedule F.
    Respondents: Business or other for-profit entities, not-for-profit 
institutions; State, local, or Tribal Government.
    Number of Respondents and Responses: 115 respondents; 165 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: On occasion reporting requirement and One-
time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for the collection of information associated with 
the LPPA is contained in 47 U.S.C. 151, 152, 154(i), 154(j), 303, 307, 
309, 311, 336(f), and the Low Power Protection Act, Public Law 117-344, 
136 Stat. 6193 (2023).
    Statutory authority for the collection of information associated 
with the CBPA is contained in 47 U.S.C. 154(i), 307, 308, 309, and 319, 
and the Community Broadcasters Protection Act of 1999, and the Middle 
Class Tax Relief and Job Creation Act of 2012.
    Total Annual Burden: 460 hours.
    Total Annual Cost: $41,725.
    Needs and Uses: The FCC Form 2100, Schedule F is used by Low Power 
TV (LPTV) stations that seek to convert to Class A status; existing 
Class A stations seeking a license to cover their authorized 
construction permit facilities; and Class A stations entering into a 
channel sharing agreement. The FCC Form 2100, Schedule F requires a 
series of certifications by the Class A applicant as prescribed by the 
Community Broadcasters Protection Act of 1999 (CBPA). Licensees will be 
required to provide weekly announcements to their listeners: (1) 
informing them that the applicant has applied for a Class A license and 
(2) announcing the public's opportunity to comment on the application 
prior to Commission action.
    On December 11, 2023, the Commission adopted a Report and Order, 
FCC 23-112, to implement the Low Power Protection Act (LPPA or Act), 
which was enacted on January 5, 2023. The LPPA provides certain low 
power television (LPTV) stations with a limited window of opportunity 
to apply for primary spectrum use status as Class A television 
stations. The Report and Order establishes the period during which 
eligible stations may file applications for Class A status, eligibility 
and interference requirements, and the process for submitting 
applications. The Report and Order provides that applications to 
convert to Class A status under the Low Power Protection Act must be 
filed using FCC Form 2100, Schedule F. The application form requires 
certifications by the applicant as prescribed by the LPPA. This 
submission was made to OMB for approval of the modified FCC Form 2100, 
Schedule F. In addition, LPTV stations that file an application to 
convert to Class A status must provide local public notice of the 
filing of the application pursuant to 47 CFR 73.3580(c). Specifically, 
the station must both broadcast on-air announcements and give online 
notice. This submission also reflects the burden associated with that 
information collection and was made to request Office of Management and 
Budget (OMB) approval of that collection.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-11493 Filed 5-30-24; 8:45 am]
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