Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested, 29755-29758 [E8-11494]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29755-29758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11494]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection Requirement Submitted to OMB for 
Review and Approval, Comments Requested

May 19, 2008.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden, 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 of 1995, Public Law 104-13. An agency 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 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning: (a) 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; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) 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.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before June 23, 2008. 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 contacts 
listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via Internet at Nicholas_A._Fraser@omb.eop.gov 
or via fax at (202) 395-5167 and to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC or via Internet at Cathy.Williams@fcc.gov or 
PRA@fcc.gov. To view a copy of this information collection request 
(ICR) submitted to OMB: (1) Go to the Web page https://www.reginfo.gov/
public/do/PRAMain; (2) look for the section of the Web page called 
``Currently Under Review;'' (3) click on the downward-pointing arrow in 
the ``Select Agency'' box below the ``Currently Under Review'' heading; 
(4) select ``Federal Communications Commission'' from the list of 
agencies presented in the ``Select Agency'' box; (5) click the 
``Submit'' button to the right of the ``Select Agency'' box; and (6) 
when the list of FCC ICRs currently under review appears, look for the 
title of this ICR (or its OMB control number, if there is one) and then 
click on the ICR Reference Number to view detailed information about 
this ICR.

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

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0009.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License or Transfer of Control of Corporation 
Holding Broadcast Station Construction Permit or License.
    Form Number: FCC Form 316.
    Type of Review: Revision 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: 750 respondents, 750 
responses.
    Frequency of Response: On occasion reporting requirement.
    Obligation To Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i) and 310(d) of the Communications Act of 1934, as amended.
    Estimated Time per Response: 1-4 hours.
    Total Annual Burden: 855 hours.
    Total Annual Costs: $425,150.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On March 17, 2005, the Commission released a Second 
Order on Reconsideration and Further Notice of Proposed Rulemaking, 
Creation of a Low Power Radio Service, MB Docket No. 99-25 (FCC 05-75). 
The Further Notice of Proposed Rulemaking (``FNPRM'') proposed to 
permit the assignment or transfer of control of Low Power FM (LPFM) 
authorizations where there is a change in the governing board of the 
permittee or licensee or in other situations corresponding to the 
circumstances described above. This proposed rule was subsequently 
adopted in a Third Report and Order and Second Further Notice of 
Proposed Rulemaking, MB Docket No. 99-25 (FCC 07-204) (Third Report and 
Order), released on December 11, 2007.
    FCC Form 316 has been revised to encompass the assignment and 
transfer of control of LPFM authorizations, as proposed in the FNPRM 
and subsequently adopted in the Third Report and Order, and to reflect 
the ownership and eligibility restrictions applicable to LPFM 
permittees and licensees.
    Filing of the FCC Form 316 is required when applying for authority 
for assignment of a broadcast station construction permit or license, 
or for consent to transfer control of a corporation holding a broadcast 
station construction permit or license where there is little change in 
the relative interest or disposition of its interests; where transfer 
of interest is not a controlling one; there is no substantial change in 
the beneficial ownership of the corporation; where the assignment is 
less than a controlling interest in a partnership; where there is an 
appointment of an entity qualified to succeed to the interest of a 
deceased or legally incapacitated individual permittee, licensee or 
controlling stockholder; and, in the case of LPFM stations, where there 
is a voluntary transfer of a controlling interest in the licensee or 
permittee entity. In addition, the applicant must notify the Commission 
when an approved transfer of control of a broadcast station 
construction permit or license has been consummated.
    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License; Application for Consent to Transfer 
Control of Entity Holding Broadcast Station Construction Permit or 
License; Section 73.3580, Local Public Notice of Filing of Broadcast 
Applications.

[[Page 29756]]

    Form Number: FCC Form 314 and FCC Form 315.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents and Responses: 4,510 respondents; 12,210 
responses.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i), 303 and 308 of the Communications Act of 1934, as amended.
    Estimated Time per Response: 1 hour to 5 hours.
    Total Annual Burden: 18,790 hours.
    Total Annual Costs: $33,989,570.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The Instructions to Forms 314 and 315 have been 
revised to reflect the new ownership limits adopted in the Third Report 
and Order and Second Notice of Proposed Rulemaking, FCC 07-204 
(released December 11, 2007), namely, that an entity may own only one 
LPFM station. By amending the Rules to permanently limit LPFM 
eligibility, the Commission is protecting the public interest in 
localism and fostering greater diversity of programming from community 
sources. Forms 314 and 315 have also been revised to reflect the three-
year holding period of an LPFM license, as adopted in the Third Report 
and Order, during which a licensee cannot transfer or assign a license, 
and must operate the station. That restriction will prevent entities 
from using the LPFM assignment and transfer process to undermine the 
Commission's LPFM policies and will ensure that the benefits to the 
public which were the basis for the license grant will be realized.
    On December 18, 2007, the Commission adopted a Report and Order and 
Order on Reconsideration in its 2006 Quadrennial Regulatory Review of 
the Commission's Broadcast Ownership Rules pursuant to Section 202 of 
the Telecommunications Act of 1996, MB Docket No. 06-121, FCC 07-216. 
Section 202 requires the Commission to review its broadcast ownership 
rules every four years and determine whether any of such rules are 
necessary in the public interest. Further, Section 202 requires the 
Commission to repeal or modify any regulation it determines to be no 
longer in the public interest.
    Consistent with actions taken by the Commission in the 2006 
Quadrennial Regulatory Review, the following changes are made to Forms 
314 and 315: The instructions to Forms 314 and 315 have been revised to 
include a reference to the 2006 Quadrennial Regulatory Review as a 
source of information regarding the Commission's multiple ownership 
attribution policies and standards. The language in Section A, IV of 
Worksheet 3 in Forms 314 and 315 is revised. This worksheet is 
used in connection with Section III, Item 6b of Form 314 and Section 
IV, Item 8b of Form 315 to determine the applicant's compliance with 
the Commission's multiple ownership rules and cross-ownership rules set 
forth in 47 CFR 73.3555. The revisions to the worksheet account for 
changes made by the Commission in the 2006 Quadrennial Review to 47 CFR 
73.3555(d), the Daily Newspaper Cross-Ownership Rule. The revised rule 
changes the circumstances under which an entity may own a daily 
newspaper and a radio station or television station in the same 
designated market area. In Section B of Worksheet 3 of Form 
314, the description of a ``Daily Newspaper'' is changed to comport to 
the definition of ``Newspaper'' contained in 47 CFR 73.3555(c)(3)(iii) 
that the Commission revised in the 2006 Quadrennial Regulatory Review. 
In Section B of Worksheet 3 of Form 315, language from 47 CFR 
73.3555(d) is added to assist applicants in their determination of 
compliance with the Daily Newspaper Cross-Ownership Rule. Therefore, 47 
CFR 73.3555(d) (daily newspaper cross-ownership rule) states:
    (1) No license for an AM, FM or TV broadcast station shall be 
granted to any party (including all parties under common control) if 
such party directly or indirectly owns, operates or controls a daily 
newspaper and the grant of such license will result in:
    (i) The predicted or measured 2 mV/m contour of an AM station, 
computed in accordance with Sec.  73.183 or Sec.  73.186, encompassing 
the entire community in which such newspaper is published; or (ii) The 
predicted 1 mV/m contour for an FM station, computed in accordance with 
Sec.  73.313, encompassing the entire community in which such newspaper 
is published; or (iii) The Grade A contour of a TV station, computed in 
accordance with Sec.  73.684, encompassing the entire community in 
which such newspaper is published.
    (2) Paragraph (1) shall not apply in cases where the Commission 
makes a finding pursuant to Section 310(d) of the Communications Act 
that the public interest, convenience, and necessity would be served by 
permitting an entity that owns, operates or controls a daily newspaper 
to own, operate or control an AM, FM, or TV broadcast station whose 
relevant contour encompasses the entire community in which such 
newspaper is published as set forth in paragraph (1).
    (3) In making a finding under paragraph (2), there shall be a 
presumption that it is not inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV 
broadcast station whose relevant contour encompasses the entire 
community in which such newspaper is published as set forth in 
paragraph (1), provided that, with respect to a combination including a 
commercial TV station:
    (i) The station is not ranked among the top four TV stations in the 
DMA, based on the most recent all-day (9 a.m.-midnight) audience share, 
as measured by Nielsen Media Research or by any comparable 
professional, accepted audience ratings service; and (ii) At least 8 
independently owned and operated major media voices would remain in the 
DMA in which the community of license of the TV station in question is 
located (for purposes of this provision major media voices include 
full-power TV broadcast stations and major newspapers).
    (4) In making a finding under paragraph (2), there shall be a 
presumption that it is inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper and an AM, FM or TV broadcast station whose relevant 
contour encompasses the entire community in which such newspaper is 
published as set forth in paragraph (1) in a DMA other than the top 20 
Nielsen DMAs or in any circumstance not covered under paragraph (3).
    (5) In making a finding under paragraph (2), the Commission shall 
consider:
    (i) Whether the combined entity will significantly increase the 
amount of local news in the market; (ii) whether the newspaper and the 
broadcast outlets each will continue to employ its own staff and each 
will exercise its own independent news judgment; (iii) the level of 
concentration in the Nielsen Designated Market Area (DMA); and (iv) the 
financial condition of the newspaper or broadcast station, and if the 
newspaper or broadcast station is in

[[Page 29757]]

financial distress, the proposed owner's commitment to invest 
significantly in newsroom operations.
    (6) In order to overcome the negative presumption set forth in 
paragraph (4) with respect to the combination of a major newspaper and 
a television station, the applicant must show by clear and convincing 
evidence that the co-owned major newspaper and station will increase 
the diversity of independent news outlets and increase competition 
among independent news sources in the market, and the factors set forth 
above in paragraph (5) will inform this decision.
    (7) The negative presumption set forth in paragraph (4) shall be 
reversed under the following two circumstances:
    (i) the newspaper or broadcast station is failed or failing; or 
(ii) the combination is with a broadcast station that was not offering 
local newscasts prior to the combination, and the station will initiate 
at least seven hours per week of local news programming after the 
combination.
    FCC Form 314 and the applicable exhibits/explanations are required 
to be filed when applying for consent for assignment of an AM, FM, LPFM 
or TV broadcast station construction permit or license. In addition, 
the applicant must notify the Commission when an approved assignment of 
a broadcast station construction permit or license has been 
consummated.
    FCC Form 315 and applicable exhibits/explanations are required to 
be filed when applying for transfer of control of an entity holding an 
AM, FM, LPFM or TV broadcast station construction permit or license. In 
addition, the applicant must notify the Commission when an approved 
transfer of control of a broadcast station construction permit or 
license has been consummated. Due to the similarities in the 
information collected by these two forms, OMB has assigned both forms 
OMB Control Number 3060-0031.
    47 CFR 73.3580 requires local public notice in a newspaper of 
general circulation of the filing of all applications for transfer of 
control of license/permit. This notice must be completed within 30 days 
of the tendering of the application. This notice must be published at 
least twice a week for two consecutive weeks in a three-week period. A 
copy of this notice must be placed in the public inspection file along 
with the application. Additionally, an applicant for transfer of 
control of license must broadcast the same notice over the station at 
least once daily on four days in the second week immediately following 
the tendering for filing of the application.
    OMB Control: 3060-0110.
    Title: Application for Renewal of Broadcast Station License.
    Form Number: FCC Form 303-S.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents and Responses: 3,217 respondents, 3,217 
responses.
    Obligation to Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i), 303, 307 and 308 of the Communications Act of 1934, as amended, 
and Section 204 of the Telecommunications Act of 1996.
    Estimated Time per Response: 1-11.83 hours.
    Frequency of Response: Every eight year reporting requirement; 
Third party disclosure requirement.
    Total Annual Burden: 6,335 hours.
    Total Annual Costs: $1,730,335.
    Nature of Response: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On December 18, 2007, the Commission adopted a 
Report and Order and Order on Reconsideration in its 2006 Quadrennial 
Regulatory Review of the Commission's Broadcast Ownership Rules 
pursuant to Section 202 of the Telecommunications Act of 1996, MB 
Docket No. 06-121, FCC 07-216. Section 202 requires the Commission to 
review its broadcast ownership rules every four years and determine 
whether any of such rules are necessary in the public interest. 
Further, Section 202 requires the Commission to repeal or modify any 
regulation it determines to be no longer in the public interest.
    Consistent with actions taken by the Commission in the 2006 
Quadrennial Regulatory Review, changes are made to Form 303-S to 
account for revisions made to 47 CFR 73.3555(d), the Daily Newspaper 
Cross-Ownership Rule. The revised rule changes the circumstances under 
which an entity may own a daily newspaper and a radio station or 
television station in the same designated market area. In Section III 
of Form 303-S, a new Question 7 is added which asks the licensee to 
certify that neither it nor any party to the application has an 
attributable interest in a newspaper that is within the scope of 47 CFR 
73.3555(d). Instructions for this new question are added to Form 303-S, 
and include a reference to the 2006 Quadrennial Regulatory Review as a 
source of information regarding the Commission's newspaper/broadcast 
cross-ownership rule. Therefore, 47 CFR 73.3555(d) (daily newspaper 
cross-ownership rule) states:
    (1) No license for an AM, FM or TV broadcast station shall be 
granted to any party (including all parties under common control) if 
such party directly or indirectly owns, operates or controls a daily 
newspaper and the grant of such license will result in:
    (i) The predicted or measured 2 mV/m contour of an AM station, 
computed in accordance with Sec.  73.183 or Sec.  73.186, encompassing 
the entire community in which such newspaper is published; or (ii) The 
predicted 1 mV/m contour for an FM station, computed in accordance with 
Sec.  73.313, encompassing the entire community in which such newspaper 
is published; or (iii) The Grade A contour of a TV station, computed in 
accordance with Sec.  73.684, encompassing the entire community in 
which such newspaper is published.
    (2) Paragraph (1) shall not apply in cases where the Commission 
makes a finding pursuant to Section 310(d) of the Communications Act 
that the public interest, convenience, and necessity would be served by 
permitting an entity that owns, operates or controls a daily newspaper 
to own, operate or control an AM, FM, or TV broadcast station whose 
relevant contour encompasses the entire community in which such 
newspaper is published as set forth in paragraph (1).
    (3) In making a finding under paragraph (2), there shall be a 
presumption that it is not inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV 
broadcast station whose relevant contour encompasses the entire 
community in which such newspaper is published as set forth in 
paragraph (1), provided that, with respect to a combination including a 
commercial TV station,
    (i) The station is not ranked among the top four TV stations in the 
DMA, based on the most recent all-day (9 a.m.-midnight) audience share, 
as measured by Nielsen Media Research or by any comparable 
professional, accepted audience ratings service; and (ii) At least 8 
independently owned and operating major media voices would remain in 
the DMA in which the community of license of the TV station in question 
is located (for purposes of this provision major media voices include 
full-power TV broadcast stations and major newspapers).

[[Page 29758]]

    (4) In making a finding under paragraph (2), there shall be a 
presumption that it is inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper and an AM, FM or TV broadcast station whose relevant 
contour encompasses the entire community in which such newspaper is 
published as set forth in paragraph (1) in a DMA other than the top 20 
Nielsen DMAs or in any circumstance not covered under paragraph (3).
    (5) In making a finding under paragraph (2), the Commission shall 
consider:
    (i) Whether the combined entity will significantly increase the 
amount of local news in the market; (ii) whether the newspaper and the 
broadcast outlets each will continue to employ its own staff and each 
will exercise its own independent news judgment; (iii) the level of 
concentration in the Nielsen Designated Market Area (DMA); and (iv) the 
financial condition of the newspaper or broadcast station, and if the 
newspaper or broadcast station is in financial distress, the proposed 
owner's commitment to invest significantly in newsroom operations.
    (6) In order to overcome the negative presumption set forth in 
paragraph (4) with respect to the combination of a major newspaper and 
a television station, the applicant must show by clear and convincing 
evidence that the co-owned major newspaper and station will increase 
the diversity of independent news outlets and increase competition 
among independent news sources in the market, and the factors set forth 
above in paragraph (5) will inform this decision.
    (7) The negative presumption set forth in paragraph (4) shall be 
reversed under the following two circumstances:
    (i) The newspaper or broadcast station is failed or failing; or 
(ii) the combination is with a broadcast station that was not offering 
local newscasts prior to the combination, and the station will initiate 
at least seven hours per week of local news programming after the 
combination.
    OMB Control Number: 3060-0920.
    Title: Application for Construction Permit for a Low Power FM 
Broadcast Station.
    Form Number: FCC Form 318.
    Type of Review: Revision of a currently approved collection.
    Respondents: Not-for-profit institutions; State, local or tribal 
government.
    Number of Respondents and Responses: 16,659 respondents, 23,377 
responses.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i), 303, 308 and 325(a) of the Communications Act of 1934, as 
amended.
    Estimated Time per Response: 0.0025 hours-12 hours.
    Total Annual Burden: 34,396 hours.
    Total Annual Costs: $23,850.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On December 11, 2007, the FCC released a Third 
Report and Order and Second Further Notice of Proposed Rulemaking 
(``Third Report and Order'') MM Docket No. 99-25, FCC 07-204. In the 
Third Report and Order, the FCC extended the local standards for rural 
markets. Under the old Rules, an LPFM applicant was deemed local 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 
Third Report and Order modified the ten-mile requirement to twenty 
miles for all LPFM applicants for proposed facilities in other than the 
top fifty urban markets, for both the distance from transmitter and 
residence of board member standards. We have revised the Form 318 to 
reflect this extension of local standards for rural markets. While the 
overall number of respondents increases because the Rule change expands 
the universe of eligible applicants, there are no new information 
collection requirements with respect to completion of the Form 318.
    In the Third Report and Order, the Commission also delegated to the 
Media Bureau the authority to consider Section 73.807 waiver requests 
from certain LPFM stations. When implementation of a full-service 
station community of license modification would result in an increase 
in interference caused to the LPFM station or its displacement, the 
LPFM station may seek a second-adjacent channel short spacing waiver in 
connection with an application proposing operations on a new channel. 
Such waiver requests would be filed on a Form 318.
    The Third Report and Order also allows LPFM stations to file waiver 
requests of Section 73.809 of the Rules if: (1) It is at risk of 
displacement by an encroaching full-service station modification 
application and no alternative channel is available, and (2) it can 
demonstrate that it has regularly provided at least eight hours per day 
of locally originated programming. LPFM stations that wish to make a 
showing under this waiver standard must file an informal objection to 
the ``encroaching'' community of license modification application.
    FCC Form 318 is required: (1) To apply for a construction permit 
for a new Low Power FM (LPFM) station; (2) to make changes in the 
existing facilities of such a station; or (3) to amend a pending FCC 
Form 318 application.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E8-11494 Filed 5-21-08; 8:45 am]
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