Promoting Diversification of Ownership in the Broadcasting Services, 7719-7720 [2011-3050]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Rules and Regulations]
[Pages 7719-7720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3050]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 07-294; 06-121, 02-277; 04-228; MM Docket Nos. 01-235, 
01-317, 00-244; FCC 07-217]


Promoting Diversification of Ownership in the Broadcasting 
Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection requirements contained in FCC Form 303-S. 
The form changes were approved on February 2, 2011.

DATES: The amendments to FCC Form 303-S required as a result of the 
rule amendments adopted at 73 FR 28361, May 16, 2008, are effective on 
March 14, 2011.

FOR FURTHER INFORMATION CONTACT: For additional information, please 
contact Cathy Williams, cathy.williams@fcc.gov or on (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on February 2, 
2011, OMB approved, for a period of three years, the information 
collection requirements contained in FCC Form 303-S. The Commission 
publishes this document to announce the effective date of FCC Form 303-
S. See In the Matter of Promoting Diversification of Ownership in the 
Broadcasting Services, MB Docket Nos. 07-294, 06-121, 02-277; 04-228; 
MM Docket Nos. 01-235, 01-317, 00-244; FCC 07-217, 73 FR 28361, May 16, 
2008.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval on February 2, 2011, for the information collection 
requirements contained in FCC Form 303-S. Under 5 CFR part 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 valid OMB Control Number.
    The OMB Control Number is 3060-0110 and the total annual reporting 
burdens for respondents for this information collection are as follows:
    OMB Control Number: 3060-0110.
    OMB Approval Date: February 2, 2011.
    Expiration Date: February 28, 2014.
    Title: Application for Renewal of Broadcast Station License, FCC 
Form 303-S; Sec.  73.3555(d), Daily Newspaper Cross-Ownership.
    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; State, Local or Tribal Governments.
    Number of Respondents/Responses: 3,821 respondents and 3,821 
responses.
    Estimated Time per Response: 1.25-12 hours.
    Frequency of Response: Eight-year reporting requirement; Third-
party disclosure requirement.
    Total Annual Burden: 10,403 hours.
    Total Annual Costs: $3,886,358.
    Obligation to Respond: Required to obtain or retain 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.
    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 Third Further Notice of Proposed Rulemaking (the 
``Order'') in MB Docket Nos. 07-294; 06-121; 02-277; 04-228; MM Docket 
Nos. 01-235; 01-317; 00-244; FCC 07-217. The Order adopted rule changes 
designed to expand opportunities for participation in the broadcasting 
industry by new entrants and small businesses, including minority- and 
women-owned businesses. Consistent with actions taken by the Commission 
in the Order, the following changes are made to FCC Form 303-S: The 
instructions have been revised to incorporate a definition of 
``eligible entity,'' which will apply to the Commission's existing 
Equity Debt Plus (``EDP'') standard, one of the standards used to 
determine whether interests are attributable. Section II includes a new 
certification for licensees to certify that their advertising sales 
agreements do not discriminate on the basis of race or ethnicity and 
that all such agreements held by the licensee contain nondiscrimination 
clauses. The instructions for Section II have been revised to include a 
new description of the certification.
    Second, Section III includes a new question, Item 4, requiring 
licensees to certify that, during the preceding license term, the 
station has not been silent (or operating for less than its prescribed 
minimum operating hours) for any period of more than 30 days, 
consistent with the Commission's rules. If a licensee cannot so 
certify, it must submit an exhibit specifying the exact dates in the 
preceding license term on which the station was silent or operating for 
less than its prescribed minimum hours. See 47 CFR 73.1740 (Commercial 
Broadcast Stations); 47 CFR 73.561 (Noncommercial Educational FM 
Stations); 47 CFR 73.850 (Low-power FM Stations); and 47 CFR 
73.1745(b); 47 CFR 73.1740(b) (Noncommercial Educational AM Stations). 
See also 47 U.S.C. 309(k) (Statutory Standards for Broadcast Renewal 
Procedures); Birach Broadcasting Corp., 16 FCC Rcd 5015, 5020 (2001) 
(holding that a station's failure to provide any service during the 
license term is material to whether it served the public interest, 
convenience, and necessity pursuant to Section 309(k)). Consistent with 
the holding in Birach, the Commission's rules for minimum operating 
schedules, and the renewal standards set forth in Section 309(k), 
Section III includes the new certification and the instructions to 
include a new description of the certification.
    Section III, Item 7 (previously Item 6), has been revised to 
eliminate the requirement that full power AM and FM licensees submit an 
exhibit to demonstrate compliance with the Commission's maximum 
permissible radio frequency (``RF'') electromagnetic exposure limits, 
in the event that they are unable or not eligible to use the RF 
worksheets contained in the instructions of the Form. All applicants 
continue to be required to certify that their facilities comply with 
the Commission's maximum permissible RF limits. The elimination of the 
exhibit requirement for radio broadcasters, conforms the question so it 
is now consistent with the requirements for licensees of broadcast 
television stations, translator (FM and TV stations), and low-power FM 
stations, who are not required to submit an exhibit. The instructions 
for Section III, Item 7 and Worksheet 1 Environmental have 
been revised accordingly.

[[Page 7720]]

    Section V, Item 4 has been revised to clarify that Low Power TV 
(``LPTV'') stations still need to file Form 396 with the renewal 
application, but that they may or may not need to file a public file 
report and post it to their Web site. The word ``as'' has been replaced 
with the word ``if.'' The old version stated that stations are required 
to certify that they have created a public file report and posted it to 
their Web sites ``as'' required by regulation. The instructions have 
been revised to explain that for Section V, Item 4, only LPTV stations 
that are part of a station employment unit with full-power stations, 
where the unit employs at least five or more full-time employees, needs 
to file a public file report and post it to the station Web site. Other 
LPTV stations do not have to create a public file report because they 
do not have a public file.
    Additionally, a small number of typographical errors have been 
corrected throughout the instructions and form.
    Finally, the burden hours and burden costs published in the Federal 
Register on October 13, 2010, 75 FR 62816 have been reduced to reflect 
that only applicants for renewal of commercial broadcast stations are 
required to complete the new certification in Section II, Item 7 that 
their advertising sales agreements do not discriminate on the basis of 
race or ethnicity and that all such agreements contain 
nondiscrimination clauses.

Federal Communications Commission.

Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-3050 Filed 2-10-11; 8:45 am]
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