Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures, 42574-42577 [2011-18151]
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Peter H. Doyle, Chief, Audio Division,
Media Bureau, (202) 418–2700, or
Andrew J. Rhodes, Audio Division,
Media Bureau, (202) 418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order, MM
Docket No. 00–148, adopted May 5,
2011, and released May 6, 2011. The full
text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC’s Reference Information Center at
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554. The
document may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
telephone 1–800–378–3160 or https://
www.BCPIWEB.com.
A Notice of Proposed Rule Making
(‘‘NPRM’’) in this proceeding proposed
the allotment of a new FM channel at
Quanah, Texas. See 65 FR 53689
(September 5, 2000). In response to the
NPRM, the Joint Petitioners filed a
mutually exclusive Counterproposal
involving 22 communities in Texas and
Oklahoma, as well as two alternative
proposals. The staff dismissed the
original Counterproposal and the first
alternative proposal for technical
defects, and these actions are not
contested by the Joint Petitioners. See
68 FR 26557 (May 16, 2003). The Joint
Petitioners seek review of the dismissal
of the second alternative proposal in the
Memorandum Opinion and Order in
this proceeding on the grounds that it
was a technically acceptable proposal
and that the staff should have made it
the subject of a separate Notice of
Proposed Rule Making. See 69 FR 29242
(May 21, 2004).
The document reasons that, contrary
to the Joint Petitioners’ contention, the
second alternative proposal had two
fatal defects that prevented its
consideration as either a rule making
petition or a counterproposal.
Specifically, one of the proposed
allotments conflicted with a previously
filed, cut-off allotment proposal in
another proceeding and was
impermissibly contingent upon the
staff’s approval of a request to withdraw
that proposal. Another proposed
reallotment had an unsuitable
transmitter site located in or near the
Colorado River. Because
counterproposals must be technically
correct and substantially complete when
filed, the second alternative proposal
was properly dismissed. To the extent
that curative amendments have been
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allowed in some cases, the document
finds that this practice has been
inconsistently applied and the public
interest is better served by no longer
entertaining curative amendments for
counterproposals or FM allotment rule
making proposals.
The Commission will not send a copy
of this Memorandum Opinion and
Order to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the Application
for Review was denied.
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. See 46 FR 11549
(February 9, 1981).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011–17103 Filed 7–18–11; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 74
[MB Docket No. 09–52; FCC 11–28]
Policies To Promote Rural Radio
Service and To Streamline Allotment
and Assignment Procedures
AGENCY: Federal Communications
Commission.
ACTION: Final rules; announcement of
effective date.
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 47 CFR 73.7000, FCC
Forms 301 and 340 and the AM Auction
Section 307(b) Submissions. The
information collection requirements
were approved on July 5, 2011 and July
11, 2011 by OMB.
DATES: The amendments to 47 CFR
73.7000, FCC Forms 301 and 340 and
the AM Auction Section 307(b)
Submissions, published at 76 FR 18942,
April 6, 2011, are effective on July 19,
2011.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Cathy
Williams on (202) 418–2918 or via
e-mail to: cathy.williams@fcc.gov
(mailto: cathy.williams@fcc.gov).
SUPPLEMENTARY INFORMATION: This
document announces that on July 5,
2011 and July 11, 2011, OMB approved,
for a period of three years, the
information collection requirements
contained in 47 CFR 73.7000, FCC
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Forms 301 and 340 and the AM Auction
Section 307(b) Submissions. The
Commission publishes this document to
announce the effective date of this rule
section and form revisions. See, In the
Matter of Policies to Promote Rural
Radio Service and to Streamline
Allotment and Assignment Procedures,
MB Docket No. 09–52; FCC 11–28, 76
FR 18942, April 6, 2011.
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 July
5 and July 11, 2011, for the information
collection requirement contained in 47
CFR 73.7000, Forms 301 and 340 and
the AM Auction Section 307(b)
Submissions . 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 Numbers are 3060–
0027, 3060–0029 and 3060–0996 and
the total annual reporting burdens for
respondents for this information
collection are as follows:
OMB Control Number: 3060–0027.
Title: Application for Construction
Permit for Commercial Broadcast
Station, FCC Form 301.
OMB Approval Date: July 5, 2011.
OMB Expiration Date: July 31, 2014.
Form Number: FCC Form 301.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit entities;
State, local or Tribal governments.
Number of Respondents and
Responses: 4,544 respondents; 7,980
responses.
Estimated Time per Response: 1– 6.25
hours (average).
Frequency of Response: On occasion
reporting requirement; Third-party
disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. Statutory
authority for the information collection
requirements is contained in Sections
154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 20,257 hours.
Total Annual Costs: $88,116,793.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: No
impact(s).
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
Needs and Uses: On January 28, 2010,
the Commission adopted a First Report
and Order and Further Notice of
Proposed Rulemaking in MB Docket No.
09–52, FCC 10–24. On March 3, 2011,
the Commission adopted a Second
Report and Order (‘‘Second R&O’’), First
Order on Reconsideration, and Second
Further Notice of Proposed Rulemaking
in MB Docket No. 09–52, FCC 11–28.
The Second R&O adopts modifications
to the manner in which the Commission
awards preferences to applicants under
the provisions of Section 307(b) of the
Act. For Section 307(b) purposes,
licensees and permittees seeking to
change community of license must
demonstrate that the facility at the new
community represents a preferential
arrangement of allotments (FM) or
assignments (AM) over the current
facility. Applications that are submitted
to change an existing radio facility’s
community of license must include an
Exhibit containing information
demonstrating that the proposed change
of community of license will result in a
preferential arrangement of allotments
or assignments under Section 307(b).
Consistent with actions taken by the
Commission in the Second R&O, the
Instructions to the Form 301 have been
revised to incorporate the information
that must be included in the Exhibit,
which is responsive to the ‘‘Community
of License Change-Section 307(b)’’
question in the Form 301. The Form 301
itself has not been revised, nor have any
questions been added to the Form 301.
Rather, the Instructions for the Form
301 have been revised to assist
applicants with completing the
mandatory, responsive Exhibit.
The modifications to the
Commission’s allotment and assignment
policies adopted in the Second R&O
include a rebuttable ‘‘Urbanized Area
service presumption’’ under Priority (3),
whereby an application to locate or
relocate a station as the first local
transmission service at a community
located within an Urbanized Area, that
would place a daytime principal
community signal over 50 percent or
more of an Urbanized Area, or that
could be modified to provide such
coverage, will be presumed to be a
proposal to serve the Urbanized Area
rather than the proposed community.
In the case of an AM station, the
determination of whether a proposed
facility ‘‘could be modified’’ to cover 50
percent or more of an Urbanized Area
will be made based on the applicant’s
certification in the Exhibit that there
could be no rule-compliant minor
modifications to the proposal, based on
the antenna configuration or site, and
spectrum availability as of the filing
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date, that could cause the station to
place a principal community contour
over 50 percent or more of an Urbanized
Area. In the case of an FM station, the
determination of whether a proposed
facility ‘‘could be modified’’ to cover 50
percent or more of an Urbanized Area
will be based on an applicant’s
certification in the Exhibit that there are
no existing towers in the area to which,
at the time of filing, the applicant’s
antenna could be relocated pursuant to
a minor modification application to
serve 50 percent or more of an
Urbanized Area. Specifically, an FM
applicant would need to certify that
there could be no rule-compliant minor
modification on the proposed channel
to provide a principal community signal
over 50 percent or more of an Urbanized
Area, in addition to covering the
proposed community of license. In
doing so, FM applicants will be required
to consider all existing registered towers
in the Commission’s Antenna Structure
Registration database, in addition to any
unregistered towers currently used by
licensed radio stations. Furthermore, we
expect all applicants to consider widelyused techniques, such as directional
antennas and contour protection, when
certifying that the proposal could not be
modified to provide a principal
community signal over the community
of license and 50 percent or more of an
Urbanized Area.
To the extent the applicant wishes to
rebut the Urbanized Area service
presumption, the Exhibit must include
a compelling showing (a) that the
proposed community is truly
independent from the Urbanized Area;
(b) of the community’s specific need for
an outlet of local expression separate
from the Urbanized Area; and (c) the
ability of the proposed station to
provide that outlet.
For applicants making a showing
under Priority (4), other public interest
matters, the Exhibit must provide a
description of all populations gaining or
losing third, fourth, or fifth reception
service, and the percentage of the
population in the station’s current
protected contour that will lose third,
fourth, or fifth reception service, if any.
The Commission will also require
applicants to not only set forth the
populations gaining and losing service
under the proposal, but also the
numbers of services those populations
will receive if the application is granted,
and an explanation as to how the
proposal provides a preferential
arrangement of allotments or
assignments and advances the revised
Section 307(b) policies.
The Commission specifically stated
that these modified allotment and
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42575
assignment procedures will apply to any
applications to change community of
license that are pending as of the release
date of the Second R&O, March 3, 2011.
Therefore, an applicant with a pending
community of license change
application must file an amendment
demonstrating how the proposal
represents a preferential arrangement of
allotments or assignments under the
policy modifications adopted in the
Second R&O. For example, an applicant
claiming Priority (3) would have to file
the above-referenced ‘‘could be
modified’’ certification, if appropriate,
or a showing to rebut the Urbanized
Area service presumption, if applicable.
Similarly, an applicant claiming Priority
(4) will have to make a showing as to
the populations gaining or losing service
under the proposed community of
license change, as well as the numbers
of services those populations will
receive if the application is granted, and
an explanation as to how the proposal
advances the revised Section 307(b)
priorities set out in the Second R&O.
Such amendments must be filed once
the information collection requirements
are approved by OMB and the effective
date for the requirements is announced
by the Commission. Finally, under
Priority (4) applicants may offer any
other information they believe pertinent
to a public interest showing and
relevant to the Commission’s
consideration.
OMB Control Number: 3060–0029.
Title: Application for Construction
Permit for Reserved Channel
Noncommercial Educational Broadcast
Station, FCC Form 340.
OMB Approval Date: July 11, 2011.
OMB Expiration Date: July 31, 2014.
Form Number: FCC Form 340.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit entities;
State, local or Tribal governments.
Number of Respondents and
Responses: 2,765 respondents; 2,765
responses.
Estimated Time per Response: 1–6
hours (average).
Frequency of Response: On occasion
reporting requirement; Third-party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for the information collection
requirements is contained in Sections
154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 7,150 hours.
Total Annual Costs: $29,079,700.
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: On January 28, 2010,
the Commission adopted a First Report
and Order in the Matter of Policies to
Promote Rural Radio Service and to
Streamline Allotment and Assignment
Procedures, MB Docket No. 09–52, FCC
10–24 (released February 3, 2010). On
March 3, 2011, the Commission adopted
a Second Report and Order, First Order
on Reconsideration, and Second Further
Notice of Proposed Rulemaking in MB
Docket No. 09–52, FCC 11–28 (released
March 3, 2011). In the First Report and
Order, the Commission adopted the
Tribal Priority proposed in the Notice of
Proposed Rule Making, with some
modifications. Under the Tribal Priority,
a Section 307(b) priority will apply to
an applicant meeting all of the following
criteria: (1) The applicant is either a
Federally recognized Tribe or Tribal
consortium, or an entity 51 percent or
more owned or controlled by a Tribe or
Tribes; (2) at least 50 percent of the
daytime principal community contour
of the proposed facilities covers Tribal
Lands, in addition to meeting all other
Commission technical standards; (3) the
specified community of license is
located on Tribal Lands; and (4) the
applicant proposes the first local Tribalowned noncommercial educational
transmission service at the proposed
community of license. The proposed
Tribal Priority would apply, if at all,
before the fair distribution analysis
currently used to evaluate
noncommercial educational
applications. The Tribal Priority does
not prevail over an applicant proposing
first overall reception service to a
significant population. The First Order
on Reconsideration modifies the
initially adopted Tribal Priority
coverage requirement, by creating an
alternative coverage standard under
criterion (2), enabling Tribes to qualify
for the Tribal Priority even when their
Tribal Lands are too small or irregularly
shaped to comprise 50 percent of a radio
station’s signal. In such circumstances,
Tribes may claim the priority (i) if the
proposed principal community contour
of the station encompasses 50 percent or
more of that Tribe’s Tribal Lands, but
does not cover more than 50 percent of
the Tribal lands of a non-applicant
Tribe, (ii) serves at least 2,000 people
living on Tribal Lands, and (iii) the total
population on Tribal Lands residing
within the station’s service contour
constitutes at least 50 percent of the
total covered population, with provision
for waivers as necessary to effectuate the
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goals of the Tribal Priority. This
modification will enable Tribes with
small or irregularly shaped lands to
qualify for the Tribal Priority. The First
Order on Reconsideration also provides
that, under criterion (2), even an
applicant whose Tribal Lands would be
covered by 50 percent or more of the
proposed principal community contour
(the original coverage standard set forth
in the First Report and Order) may not
claim the credit if the principal
community contour would cover more
than 50 percent of the Tribal Lands of
a non-applicant Tribe.
FCC Form 340 and its instructions
have been revised to accommodate
those applicants qualifying for the new
Tribal Priority. After adoption of the
First Report and Order, we added new
Questions 1 and 2, which seek
information as to the applicant’s
eligibility for the Tribal Priority and
direct applicants claiming the priority to
prepare and attach an exhibit, to Section
III. The instructions for Section III were
also revised to assist applicants with
completing the new questions and
preparing the exhibit. In the First Order
on Reconsideration, the Commission
added an alternative definition of
‘‘Tribal Coverage’’ to that adopted in the
First Report and Order. Accordingly, we
have modified the instructions for
Section III, Question 2, to comport with
the new alternative Tribal Coverage
definition. The form itself has not been
revised, nor have any questions been
added to Form 340.
OMB Control Number: 3060–0996.
Title: AM Auction Section 307(b)
Submissions.
OMB Approval Date: July 5, 2011.
OMB Expiration Date: July 31, 2014.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit entities;
State, local or Tribal governments.
Number of Respondents and
Responses: 210 respondents; 210
responses.
Estimated Time per Response: 0.5–6
hours (average).
Frequency of Response: On occasion
reporting requirement.
Obligation To Respond: Required to
obtain or retain benefits. Statutory
authority for the information collection
requirements is contained in Sections
154(i), 307(b) and 309 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 1,029 hours.
Total Annual Costs: $2,126,100.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
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Privacy Impact Assessment: No
impact(s).
Needs and Uses: On January 28, 2010,
the Commission adopted a First Report
and Order and Further Notice of
Proposed Rulemaking (‘‘First R&O’’) in
MB Docket No. 09–52, FCC 10–24. The
First R&O adopted changes to certain
procedures associated with the award of
broadcast radio construction permits by
competitive bidding, including
modifications to the manner in which it
awards preferences to applicants under
the provisions of Section 307(b). In the
First R&O, the Commission added a new
Section 307(b) priority that would apply
only to Native American and Alaska
Native Tribes, Tribal consortia, and
majority Tribal-owned entities
proposing to serve Tribal lands. As
adopted in the First R&O, the priority is
only available when all of the following
conditions are met: (1) The applicant is
either a Federally recognized Tribe or
Tribal consortium, or an entity that is 51
percent or more owned or controlled by
a Tribe or Tribes; (2) at least 50 percent
of the area within the proposed station’s
daytime principal community contour is
over that Tribe’s Tribal lands, in
addition to meeting all other
Commission technical standards; (3) the
specified community of license is
located on Tribal lands; and (4) in the
commercial AM service, the applicant
must propose first or second aural
reception service or first local
commercial Tribal-owned transmission
service to the proposed community of
license, which must be located on Tribal
lands. Applicants claiming Section
307(b) preferences using these factors
will submit information to substantiate
their claims.
On March 3, 2011, the Commission
adopted a Second Report and Order
(‘‘Second R&O’’), First Order on
Reconsideration, and Second Further
Notice of Proposed Rulemaking in MB
Docket No. 09–52, FCC 11–28. The First
Order on Reconsideration modifies the
initially adopted Tribal Priority
coverage requirement, by creating an
alternate coverage standard under
criterion (2), enabling Tribes to qualify
for the Tribal Priority even when their
Tribal lands are too small or irregularly
shaped to comprise 50 percent of a
station’s signal. In such circumstances,
Tribes may claim the priority (i) If the
proposed principal community contour
encompasses 50 percent or more of that
Tribe’s Tribal lands, but does not cover
more than 50 percent of the Tribal lands
of a non-applicant Tribe; (ii) serves at
least 2,000 people living on Tribal
lands, and (iii) the total population on
Tribal lands residing within the
station’s service contour constitutes at
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Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Rules and Regulations
least 50 percent of the total covered
population, with provision for waivers
as necessary to effectuate the goals of
the Tribal Priority. This modification
will now enable Tribes with small or
irregularly shaped lands to qualify for
the Tribal Priority.
The modifications to the
Commission’s allotment and assignment
policies adopted in the Second R&O
include a rebuttable ‘‘Urbanized Area
service presumption’’ under Priority (3),
whereby an application to locate or
relocate a station as the first local
transmission service at a community
located within an Urbanized Area, that
would place a daytime principal
community signal over 50 percent or
more of an Urbanized Area, or that
could be modified to provide such
coverage, will be presumed to be a
proposal to serve the Urbanized Area
rather than the proposed community. In
the case of an AM station, the
determination of whether a proposed
facility ‘‘could be modified’’ to cover 50
percent or more of an Urbanized Area
will be made based on the applicant’s
certification in the Section 307(b)
showing that there could be no rulecompliant minor modifications to the
proposal, based on the antenna
configuration or site, and spectrum
availability as of the filing date, that
could cause the station to place a
principal community contour over 50
percent or more of an Urbanized Area.
To the extent the applicant wishes to
rebut the Urbanized Area service
presumption, the Section 307(b)
showing must include a compelling
showing (a) That the proposed
community is truly independent from
the Urbanized Area; (b) of the
community’s specific need for an outlet
of local expression separate from the
Urbanized Area; and (c) the ability of
the proposed station to provide that
outlet.
In the case of applicants for new AM
stations making a showing under
Priority (4), other public interest
matters, an applicant that can
demonstrate that its proposed station
would provide third, fourth, or fifth
reception service to at least 25 percent
of the population in the proposed
primary service area, where the
proposed community of license has two
or fewer transmission services, may
receive a dispositive Section 307(b)
preference under Priority (4). An
applicant for a new AM station that
cannot demonstrate that it would
provide the third, fourth, or fifth
reception service to the required
population at a community with two or
fewer transmission services may also,
under Priority (4), calculate a ‘‘service
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value index’’ as set forth in the case of
Greenup, Kentucky and Athens, Ohio,
Report and Order, 2 FCC Rcd 4319
(MMB 1987). If the applicant can
demonstrate a 30 percent or greater
difference in service value index
between its proposal and the next
highest ranking proposal, it can receive
a dispositive Section 307(b) preference
under Priority (4). Except under these
circumstances, dispositive Section
307(b) preferences will not be granted
under Priority (4) to applicants for new
AM stations. The Commission
specifically stated that these modified
allotment and assignment procedures
will not apply to pending applications
for new AM stations and major
modifications to AM facilities filed
during the 2004 AM Auction 84 filing
window.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2011–18151 Filed 7–18–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100526226–1322–02]
RIN 0648–AY95
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Amendment 16, Framework
Adjustment 44, and Framework
Adjustment 45
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; correcting
amendment; request for comments.
SUMMARY: This action makes
corrections, clarifications, and
modifications to existing regulations to
ensure consistency with measures
adopted by the New England Fishery
Management Council (Council) to
regulate the Northeast (NE) multispecies
fishery and to provide additional
flexibility for some of the administrative
regulatory requirements. The current
regulations governing the NE
multispecies fishery contain a number
of inadvertent errors, omissions, and
potential inconsistencies with measures
adopted by the Council and approved
by the Secretary of Commerce
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42577
(Secretary) in recent actions regarding
the NE Multispecies Fishery
Management Plan (FMP). This interim
final rule is being taken by NMFS under
the authority of section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act); NMFS is
implementing changes made to the
dockside monitoring program (DSM),
not included in the proposed rule, as an
interim rule in order to seek public
comments on the changes.
DATES: Effective on July 19, 2011.
Written comments must be received on
or before August 18, 2011.
ADDRESSES: You may submit comments,
identified by 0648–AY95, by any of the
following methods:
• Electronic submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: (978) 281–9135.
• Mail: Paper, disk, or CD–ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. Mark the outside of the
envelope, ‘‘Comments on the Interim
Final Rule to Correct/Clarify the NE
Multispecies Regulations.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
regulations.gov without change. All
personal identifying information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the Regulatory Impact
Review (RIR) prepared for this rule are
available from the Regional
Administrator at the above address.
Copies of previous management actions,
including Amendment 16, Framework
Adjustment 44 (FW 44), FW 45, and the
respective Final Environmental Impact
Statements (FEISs) and Environmental
Assessments (EAs) prepared for each
action are available from Paul J.
Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950. These documents are also
accessible via the Internet at https://
www.nefmc.org/nemulti/.
E:\FR\FM\19JYR1.SGM
19JYR1
]]>Agencies
[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42574-42577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18151]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MB Docket No. 09-52; FCC 11-28]
Policies To Promote Rural Radio Service and To Streamline
Allotment and Assignment Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rules; 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 47 CFR 73.7000,
FCC Forms 301 and 340 and the AM Auction Section 307(b) Submissions.
The information collection requirements were approved on July 5, 2011
and July 11, 2011 by OMB.
DATES: The amendments to 47 CFR 73.7000, FCC Forms 301 and 340 and the
AM Auction Section 307(b) Submissions, published at 76 FR 18942, April
6, 2011, are effective on July 19, 2011.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Cathy Williams on (202) 418-2918 or via e-mail to:
cathy.williams@fcc.gov (mailto: cathy.williams@fcc.gov).
SUPPLEMENTARY INFORMATION: This document announces that on July 5, 2011
and July 11, 2011, OMB approved, for a period of three years, the
information collection requirements contained in 47 CFR 73.7000, FCC
Forms 301 and 340 and the AM Auction Section 307(b) Submissions. The
Commission publishes this document to announce the effective date of
this rule section and form revisions. See, In the Matter of Policies to
Promote Rural Radio Service and to Streamline Allotment and Assignment
Procedures, MB Docket No. 09-52; FCC 11-28, 76 FR 18942, April 6, 2011.
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 July 5 and July 11, 2011, for the information collection
requirement contained in 47 CFR 73.7000, Forms 301 and 340 and the AM
Auction Section 307(b) Submissions . 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 Numbers are 3060-0027, 3060-0029 and 3060-0996 and
the total annual reporting burdens for respondents for this information
collection are as follows:
OMB Control Number: 3060-0027.
Title: Application for Construction Permit for Commercial Broadcast
Station, FCC Form 301.
OMB Approval Date: July 5, 2011.
OMB Expiration Date: July 31, 2014.
Form Number: FCC Form 301.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
entities; State, local or Tribal governments.
Number of Respondents and Responses: 4,544 respondents; 7,980
responses.
Estimated Time per Response: 1- 6.25 hours (average).
Frequency of Response: On occasion reporting requirement; Third-
party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits.
Statutory authority for the information collection requirements is
contained in Sections 154(i), 303 and 308 of the Communications Act of
1934, as amended.
Total Annual Burden: 20,257 hours.
Total Annual Costs: $88,116,793.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: No impact(s).
[[Page 42575]]
Needs and Uses: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking in MB Docket
No. 09-52, FCC 10-24. On March 3, 2011, the Commission adopted a Second
Report and Order (``Second R&O''), First Order on Reconsideration, and
Second Further Notice of Proposed Rulemaking in MB Docket No. 09-52,
FCC 11-28. The Second R&O adopts modifications to the manner in which
the Commission awards preferences to applicants under the provisions of
Section 307(b) of the Act. For Section 307(b) purposes, licensees and
permittees seeking to change community of license must demonstrate that
the facility at the new community represents a preferential arrangement
of allotments (FM) or assignments (AM) over the current facility.
Applications that are submitted to change an existing radio facility's
community of license must include an Exhibit containing information
demonstrating that the proposed change of community of license will
result in a preferential arrangement of allotments or assignments under
Section 307(b).
Consistent with actions taken by the Commission in the Second R&O,
the Instructions to the Form 301 have been revised to incorporate the
information that must be included in the Exhibit, which is responsive
to the ``Community of License Change-Section 307(b)'' question in the
Form 301. The Form 301 itself has not been revised, nor have any
questions been added to the Form 301. Rather, the Instructions for the
Form 301 have been revised to assist applicants with completing the
mandatory, responsive Exhibit.
The modifications to the Commission's allotment and assignment
policies adopted in the Second R&O include a rebuttable ``Urbanized
Area service presumption'' under Priority (3), whereby an application
to locate or relocate a station as the first local transmission service
at a community located within an Urbanized Area, that would place a
daytime principal community signal over 50 percent or more of an
Urbanized Area, or that could be modified to provide such coverage,
will be presumed to be a proposal to serve the Urbanized Area rather
than the proposed community.
In the case of an AM station, the determination of whether a
proposed facility ``could be modified'' to cover 50 percent or more of
an Urbanized Area will be made based on the applicant's certification
in the Exhibit that there could be no rule-compliant minor
modifications to the proposal, based on the antenna configuration or
site, and spectrum availability as of the filing date, that could cause
the station to place a principal community contour over 50 percent or
more of an Urbanized Area. In the case of an FM station, the
determination of whether a proposed facility ``could be modified'' to
cover 50 percent or more of an Urbanized Area will be based on an
applicant's certification in the Exhibit that there are no existing
towers in the area to which, at the time of filing, the applicant's
antenna could be relocated pursuant to a minor modification application
to serve 50 percent or more of an Urbanized Area. Specifically, an FM
applicant would need to certify that there could be no rule-compliant
minor modification on the proposed channel to provide a principal
community signal over 50 percent or more of an Urbanized Area, in
addition to covering the proposed community of license. In doing so, FM
applicants will be required to consider all existing registered towers
in the Commission's Antenna Structure Registration database, in
addition to any unregistered towers currently used by licensed radio
stations. Furthermore, we expect all applicants to consider widely-used
techniques, such as directional antennas and contour protection, when
certifying that the proposal could not be modified to provide a
principal community signal over the community of license and 50 percent
or more of an Urbanized Area.
To the extent the applicant wishes to rebut the Urbanized Area
service presumption, the Exhibit must include a compelling showing (a)
that the proposed community is truly independent from the Urbanized
Area; (b) of the community's specific need for an outlet of local
expression separate from the Urbanized Area; and (c) the ability of the
proposed station to provide that outlet.
For applicants making a showing under Priority (4), other public
interest matters, the Exhibit must provide a description of all
populations gaining or losing third, fourth, or fifth reception
service, and the percentage of the population in the station's current
protected contour that will lose third, fourth, or fifth reception
service, if any. The Commission will also require applicants to not
only set forth the populations gaining and losing service under the
proposal, but also the numbers of services those populations will
receive if the application is granted, and an explanation as to how the
proposal provides a preferential arrangement of allotments or
assignments and advances the revised Section 307(b) policies.
The Commission specifically stated that these modified allotment
and assignment procedures will apply to any applications to change
community of license that are pending as of the release date of the
Second R&O, March 3, 2011. Therefore, an applicant with a pending
community of license change application must file an amendment
demonstrating how the proposal represents a preferential arrangement of
allotments or assignments under the policy modifications adopted in the
Second R&O. For example, an applicant claiming Priority (3) would have
to file the above-referenced ``could be modified'' certification, if
appropriate, or a showing to rebut the Urbanized Area service
presumption, if applicable. Similarly, an applicant claiming Priority
(4) will have to make a showing as to the populations gaining or losing
service under the proposed community of license change, as well as the
numbers of services those populations will receive if the application
is granted, and an explanation as to how the proposal advances the
revised Section 307(b) priorities set out in the Second R&O. Such
amendments must be filed once the information collection requirements
are approved by OMB and the effective date for the requirements is
announced by the Commission. Finally, under Priority (4) applicants may
offer any other information they believe pertinent to a public interest
showing and relevant to the Commission's consideration.
OMB Control Number: 3060-0029.
Title: Application for Construction Permit for Reserved Channel
Noncommercial Educational Broadcast Station, FCC Form 340.
OMB Approval Date: July 11, 2011.
OMB Expiration Date: July 31, 2014.
Form Number: FCC Form 340.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
entities; State, local or Tribal governments.
Number of Respondents and Responses: 2,765 respondents; 2,765
responses.
Estimated Time per Response: 1-6 hours (average).
Frequency of Response: On occasion reporting requirement; Third-
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for the information collection requirements is
contained in Sections 154(i), 303 and 308 of the Communications Act of
1934, as amended.
Total Annual Burden: 7,150 hours.
Total Annual Costs: $29,079,700.
[[Page 42576]]
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On January 28, 2010, the Commission adopted a First
Report and Order in the Matter of Policies to Promote Rural Radio
Service and to Streamline Allotment and Assignment Procedures, MB
Docket No. 09-52, FCC 10-24 (released February 3, 2010). On March 3,
2011, the Commission adopted a Second Report and Order, First Order on
Reconsideration, and Second Further Notice of Proposed Rulemaking in MB
Docket No. 09-52, FCC 11-28 (released March 3, 2011). In the First
Report and Order, the Commission adopted the Tribal Priority proposed
in the Notice of Proposed Rule Making, with some modifications. Under
the Tribal Priority, a Section 307(b) priority will apply to an
applicant meeting all of the following criteria: (1) The applicant is
either a Federally recognized Tribe or Tribal consortium, or an entity
51 percent or more owned or controlled by a Tribe or Tribes; (2) at
least 50 percent of the daytime principal community contour of the
proposed facilities covers Tribal Lands, in addition to meeting all
other Commission technical standards; (3) the specified community of
license is located on Tribal Lands; and (4) the applicant proposes the
first local Tribal-owned noncommercial educational transmission service
at the proposed community of license. The proposed Tribal Priority
would apply, if at all, before the fair distribution analysis currently
used to evaluate noncommercial educational applications. The Tribal
Priority does not prevail over an applicant proposing first overall
reception service to a significant population. The First Order on
Reconsideration modifies the initially adopted Tribal Priority coverage
requirement, by creating an alternative coverage standard under
criterion (2), enabling Tribes to qualify for the Tribal Priority even
when their Tribal Lands are too small or irregularly shaped to comprise
50 percent of a radio station's signal. In such circumstances, Tribes
may claim the priority (i) if the proposed principal community contour
of the station encompasses 50 percent or more of that Tribe's Tribal
Lands, but does not cover more than 50 percent of the Tribal lands of a
non-applicant Tribe, (ii) serves at least 2,000 people living on Tribal
Lands, and (iii) the total population on Tribal Lands residing within
the station's service contour constitutes at least 50 percent of the
total covered population, with provision for waivers as necessary to
effectuate the goals of the Tribal Priority. This modification will
enable Tribes with small or irregularly shaped lands to qualify for the
Tribal Priority. The First Order on Reconsideration also provides that,
under criterion (2), even an applicant whose Tribal Lands would be
covered by 50 percent or more of the proposed principal community
contour (the original coverage standard set forth in the First Report
and Order) may not claim the credit if the principal community contour
would cover more than 50 percent of the Tribal Lands of a non-applicant
Tribe.
FCC Form 340 and its instructions have been revised to accommodate
those applicants qualifying for the new Tribal Priority. After adoption
of the First Report and Order, we added new Questions 1 and 2, which
seek information as to the applicant's eligibility for the Tribal
Priority and direct applicants claiming the priority to prepare and
attach an exhibit, to Section III. The instructions for Section III
were also revised to assist applicants with completing the new
questions and preparing the exhibit. In the First Order on
Reconsideration, the Commission added an alternative definition of
``Tribal Coverage'' to that adopted in the First Report and Order.
Accordingly, we have modified the instructions for Section III,
Question 2, to comport with the new alternative Tribal Coverage
definition. The form itself has not been revised, nor have any
questions been added to Form 340.
OMB Control Number: 3060-0996.
Title: AM Auction Section 307(b) Submissions.
OMB Approval Date: July 5, 2011.
OMB Expiration Date: July 31, 2014.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
entities; State, local or Tribal governments.
Number of Respondents and Responses: 210 respondents; 210
responses.
Estimated Time per Response: 0.5-6 hours (average).
Frequency of Response: On occasion reporting requirement.
Obligation To Respond: Required to obtain or retain benefits.
Statutory authority for the information collection requirements is
contained in Sections 154(i), 307(b) and 309 of the Communications Act
of 1934, as amended.
Total Annual Burden: 1,029 hours.
Total Annual Costs: $2,126,100.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking (``First
R&O'') in MB Docket No. 09-52, FCC 10-24. The First R&O adopted changes
to certain procedures associated with the award of broadcast radio
construction permits by competitive bidding, including modifications to
the manner in which it awards preferences to applicants under the
provisions of Section 307(b). In the First R&O, the Commission added a
new Section 307(b) priority that would apply only to Native American
and Alaska Native Tribes, Tribal consortia, and majority Tribal-owned
entities proposing to serve Tribal lands. As adopted in the First R&O,
the priority is only available when all of the following conditions are
met: (1) The applicant is either a Federally recognized Tribe or Tribal
consortium, or an entity that is 51 percent or more owned or controlled
by a Tribe or Tribes; (2) at least 50 percent of the area within the
proposed station's daytime principal community contour is over that
Tribe's Tribal lands, in addition to meeting all other Commission
technical standards; (3) the specified community of license is located
on Tribal lands; and (4) in the commercial AM service, the applicant
must propose first or second aural reception service or first local
commercial Tribal-owned transmission service to the proposed community
of license, which must be located on Tribal lands. Applicants claiming
Section 307(b) preferences using these factors will submit information
to substantiate their claims.
On March 3, 2011, the Commission adopted a Second Report and Order
(``Second R&O''), First Order on Reconsideration, and Second Further
Notice of Proposed Rulemaking in MB Docket No. 09-52, FCC 11-28. The
First Order on Reconsideration modifies the initially adopted Tribal
Priority coverage requirement, by creating an alternate coverage
standard under criterion (2), enabling Tribes to qualify for the Tribal
Priority even when their Tribal lands are too small or irregularly
shaped to comprise 50 percent of a station's signal. In such
circumstances, Tribes may claim the priority (i) If the proposed
principal community contour encompasses 50 percent or more of that
Tribe's Tribal lands, but does not cover more than 50 percent of the
Tribal lands of a non-applicant Tribe; (ii) serves at least 2,000
people living on Tribal lands, and (iii) the total population on Tribal
lands residing within the station's service contour constitutes at
[[Page 42577]]
least 50 percent of the total covered population, with provision for
waivers as necessary to effectuate the goals of the Tribal Priority.
This modification will now enable Tribes with small or irregularly
shaped lands to qualify for the Tribal Priority.
The modifications to the Commission's allotment and assignment
policies adopted in the Second R&O include a rebuttable ``Urbanized
Area service presumption'' under Priority (3), whereby an application
to locate or relocate a station as the first local transmission service
at a community located within an Urbanized Area, that would place a
daytime principal community signal over 50 percent or more of an
Urbanized Area, or that could be modified to provide such coverage,
will be presumed to be a proposal to serve the Urbanized Area rather
than the proposed community. In the case of an AM station, the
determination of whether a proposed facility ``could be modified'' to
cover 50 percent or more of an Urbanized Area will be made based on the
applicant's certification in the Section 307(b) showing that there
could be no rule-compliant minor modifications to the proposal, based
on the antenna configuration or site, and spectrum availability as of
the filing date, that could cause the station to place a principal
community contour over 50 percent or more of an Urbanized Area. To the
extent the applicant wishes to rebut the Urbanized Area service
presumption, the Section 307(b) showing must include a compelling
showing (a) That the proposed community is truly independent from the
Urbanized Area; (b) of the community's specific need for an outlet of
local expression separate from the Urbanized Area; and (c) the ability
of the proposed station to provide that outlet.
In the case of applicants for new AM stations making a showing
under Priority (4), other public interest matters, an applicant that
can demonstrate that its proposed station would provide third, fourth,
or fifth reception service to at least 25 percent of the population in
the proposed primary service area, where the proposed community of
license has two or fewer transmission services, may receive a
dispositive Section 307(b) preference under Priority (4). An applicant
for a new AM station that cannot demonstrate that it would provide the
third, fourth, or fifth reception service to the required population at
a community with two or fewer transmission services may also, under
Priority (4), calculate a ``service value index'' as set forth in the
case of Greenup, Kentucky and Athens, Ohio, Report and Order, 2 FCC Rcd
4319 (MMB 1987). If the applicant can demonstrate a 30 percent or
greater difference in service value index between its proposal and the
next highest ranking proposal, it can receive a dispositive Section
307(b) preference under Priority (4). Except under these circumstances,
dispositive Section 307(b) preferences will not be granted under
Priority (4) to applicants for new AM stations. The Commission
specifically stated that these modified allotment and assignment
procedures will not apply to pending applications for new AM stations
and major modifications to AM facilities filed during the 2004 AM
Auction 84 filing window.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-18151 Filed 7-18-11; 8:45 am]
BILLING CODE 6712-01-P
