Information Collection Being Submitted to the Office of Management and Budget for Review and Approval, 50730-50732 [2011-20719]
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50730
Federal Register / Vol. 76, No. 158 / Tuesday, August 16, 2011 / Notices
panels has a different purpose from
public comment provided to EPA
program offices. Therefore, the process
for submitting comments to a federal
advisory committee is different from the
process used to submit comments to an
EPA program office.
Federal advisory committees and
panels, including scientific advisory
committees, provide independent
advice to EPA. Members of the public
can submit comments for a federal
advisory committee to consider as it
develops advice for EPA. Input from the
public to the SAB will have the most
impact if it provides specific scientific
or technical information or analysis for
SAB panels to consider or if it relates to
the clarity or accuracy of the technical
information. Members of the public
wishing to provide comment should
contact the Designated Federal Officer
directly. Oral Statements: In general,
individuals or groups requesting an oral
presentation at a teleconference will be
limited to three minutes. Those
interested in being placed on the public
speakers list for the September 7, 2011
teleconference should contact Dr.
Nugent at the contact information
provided above no later than September
1, 2011. Written Statements: Written
statements should be supplied to the
DFO via e-mail at the contact
information noted above by September
1, 2011 for the teleconference so that the
information may be made available to
the Panel members for their
consideration. Written statements
should be supplied in one of the
following electronic formats: Adobe
Acrobat PDF, MS Word, MS
PowerPoint, or Rich Text files in IBM–
PC/Windows 98/2000/XP format. It is
the SAB Staff Office general policy to
post written comments on the Web page
for the advisory meeting or
teleconference. Submitters are requested
to provide an unsigned version of each
document because the SAB Staff Office
does not publish documents with
signatures on its Web sites. Members of
the public should be aware that their
personal contact information, if
included in any written comments, may
be posted to the SAB Web site.
Copyrighted material will not be posted
without explicit permission of the
copyright holder.
Accessibility: For information on
access or services for individuals with
disabilities, please contact Dr. Nugent
(202) 564–2218 or
nugent.angela@epa.gov. To request
accommodation of a disability, please
contact Dr. Nugent preferably at least
ten days prior to the teleconference to
give EPA as much time as possible to
process your request.
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Dated: August 9, 2011.
Vanessa T. Vu,
Director, EPA Science Advisory Board Staff
Office.
[FR Doc. 2011–20825 Filed 8–15–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being
Submitted to the Office of Management
and Budget for Review and Approval
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission (FCC), as part of its
continuing effort to reduce paperwork
burdens, 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 (PRA) of 1995. 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; (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;
and (e) ways to further reduce the
information collection burden on small
business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written comments should be
submitted on or before September 15,
2011. 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 below as soon as
possible.
SUMMARY:
Direct all PRA comments to
Nicholas A. Fraser, OMB, via fax 202–
395–5167, or via e-mail
Nicholas_A._Fraser@omb.eop.gov; and
ADDRESSES:
PO 00000
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to Cathy Williams, FCC, via e-mail
PRA@fcc.gov and to
Cathy.Williams@fcc.gov. Include in the
comments the OMB control number as
shown in the SUPPLEMENTARY
INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Cathy
Williams at (202) 418–2918. 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, (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
control number of this ICR and then
click on the ICR Reference Number. A
copy of the FCC submission to OMB
will be displayed.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0214.
Title: Sections 73.3526 and 73.3527,
Local Public Inspection Files; Sections
76.1701 and 73.1943, Political Files.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; not for-profit institutions.
Number of Respondents and
Responses: 25,422 respondents; 59,833
responses.
Estimated Time per Response: 1 hour
to 109 hours.
Frequency of Response:
Recordkeeping and third party
disclosure requirements.
Obligation to Respond: Required to
obtain or retain benefit. The statutory
authority for this collection of
information is contained in Sections
154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 2,176,815
hours.
Total Annual Cost: None.
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: The Commission
published a 60-day notice on April 18,
2011 seeking comments from the public
(see 76 FR 21739). This current
published notice is seeking an
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Federal Register / Vol. 76, No. 158 / Tuesday, August 16, 2011 / Notices
additional 30 days of public comment.
The Commission received the previous
comments from the 60-day notice and
has taken them into account.
The Commission first adopted a
public inspection file requirement more
than 40 years ago. The public file
requirement grew out of Congress’ 1960
amendment of Sections 309 and 311 of
the Communications Act of 1934.
Finding that Congress, in enacting these
provisions, was guarding ‘‘the right of
the general public to be informed, not
merely the rights of those who have
special interests,’’ the Commission
adopted the public inspection file
requirement to ‘‘make information to
which the public already has a right
more readily available, so that the
public will be encouraged to play a
more active part in dialogue with
broadcast licensees.’’ In return for their
exclusive use of public spectrum,
broadcasters must operate and program
their stations in the ‘‘public interest,
convenience and necessity.’’ This means
that all stations must be responsive and
accountable to their local community of
license. The manner in which
broadcasters communicate with their
communities is a core function of their
role as licensees. Specific items in the
public file, listed below, include items
that provide station information to the
public, like ownership reports, contour
maps, citizens agreements, EEO reports
and quarterly lists of programs that the
stations believe addressed important
issues in their community. Access to the
public inspection file allows the public
to monitor a station’s public interest
performance. The information provided
in a station’s public file enables citizens
to engage in an informed dialog with
their local stations or to file complaints
or petitions to deny the renewal of a
station’s license. Comments,
complaints, and petitions to deny filed
by the viewing public have long been a
part of the regulatory and the renewal
process. As part of the Commission’s
license renewal process, the
Commission does not routinely monitor
every aspect of stations’ compliance
with Commission rules; rather, it
depends on viewers and listeners to
provide information about whether
stations are meeting their public interest
obligations.
The following Information Collection
Requirements are part of this collection
and have been approved by OMB:
47 CFR 73.3526(a) and 73.3527(a)
require that licensees and permittees of
commercial and noncommercial
educational (NCE) broadcast stations
maintain a local public inspection file.
The contents of the file vary according
to type of service and status. A separate
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Jkt 223001
file shall be maintained for each station
for which an application is pending or
for which an authorization is
outstanding. The public inspection file
must be maintained so long as an
authorization to operate the station is
outstanding.
47 CFR 73.3526(b) and 73.3527(b)
require that the public inspection file be
maintained at the main studio of the
station. An applicant for a new station
or change of community shall maintain
its file at an accessible place in the
proposed community of license or at its
proposed main studio.
47 CFR 73.3526(c) and 73.3527(c)
require the licensee/permittee to make
the file available for public inspection at
any time during regular business hours.
All or part of this file may be
maintained in a computer database as
long as a computer terminal is made
available to members of the public.
Materials in the public file must be
made available for review, printing or
reproduction upon request.
Licensees that maintain their main
studios and public file outside their
communities of license are required to
mail a copy of ‘‘The Public and
Broadcasting’’ to anyone requesting a
copy. Licensees shall be prepared to
assist members of the public in
identifying the documents they may
want to be sent to them by mail.
47 CFR 73.3526(d) and 73.3527(d)
require an assignor to maintain the
public inspection file until such time as
the assignment is consummated. At that
time, the assignee is required to
maintain the file.
47 CFR 73.3526(e) and 73.3527(e)
specify the contents of the public
inspection files. Separate rule sections
not subject to this information
collection require the creation and
submission to the Commission of many
of the items that must be retained in the
public inspection file. As such, the
burden estimates for creation and
submission of these documents are
calculated in other information
collections. The burden estimates
included in this information collection
pertain only to making these items
publicly available. We have listed below
some of the relevant information
collections pertaining to the creation
and submission of such documents. The
documents to be retained in the public
inspection files are as follows:
(a) A copy of the current FCC
authorization to construct or operate the
station, as well as any other documents
necessary to reflect any modifications
thereto or any conditions that the FCC
has placed on the authorization;
(b) A copy of any application
tendered for filing with the FCC,
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50731
together with all related material, and
copies of Initial Decision and Final
Decisions in hearing cases. If petitions
to deny are filed against the application,
a statement that such a petition has been
filed shall be maintained in the file
together with the name and address of
the party filing the petition [Application
for Construction Permit for Commercial
Broadcast Station (OMB control number
3060–0027, FCC Form 301; Application
for New Commercial or Noncommercial
Educational Broadcast Station License
(OMB control number 3060–0029, FCC
Form 340); Application for Consent to
Assignment of Broadcast Station
Construction Permit or License, FCC
Form 314; Application for Consent to
Transfer Control of Entity Holding
Broadcast Station Construction Permit
or License, FCC Form 315; Section
73.3580, Local Public Notice of Filing of
Broadcast Applications (OMB control
number 3060–0031)];
(c) For commercial broadcast stations,
a copy of every written citizen
agreement;
(d) A copy of any service contour
maps, submitted with any application,
together with any other information in
the application showing service
contours and/or main studio and
transmitter location;
(e) A copy of the most recent,
complete Ownership Report (FCC Form
323) filed with the FCC for the station,
together with any statements filed with
the FCC certifying that the current
Report is accurate [Ownership Report
for Broadcast Station (OMB control
number 3060–0010, FCC Form 323);
Ownership Report for Noncommercial
Educational TV, FM or Standard
Broadcast Station (OMB control number
3060–0084, FCC Form 323–E)];
(f) A political file of records required
by 47 CFR 73.1943 concerning
broadcasts by candidates for public
office [Section 73.1942, Candidates
Rates, 76.206, Candidates Rates, Section
76.1611, Political Cable Rates and
Classes of Time (OMB control number
3060–0501)];
(g) An Equal Employment
Opportunity File required by 47 CFR
73.2080 [Broadcast EEO Program
Report, FCC Form 396 (OMB control
number 3060–0113); Multi-Channel
Video Program Distributor EEO Program
Annual Report (OMB control number
3060–1033, FCC Form 396–C)].
(h) A copy of the most recent edition
of the manual entitled ‘‘The Public and
Broadcasting;’’
(i) For commercial broadcast stations,
all written comments and suggestions
(letters and electronic mail) received
from the public regarding operation of
the station;
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(j) Material having a substantial
bearing on a matter which is the subject
of an FCC investigation or complaint to
the FCC of which the applicant/
permittee/licensee has been advised;
(k) For commercial radio and TV
broadcast stations and non-exempt NCE
broadcast stations, a list of programs
that have provided the station’s most
significant treatment of community
issues. This list is kept on a quarterly
basis and contains a brief description of
how each issue was treated;
(l) For commercial TV broadcast
stations, records sufficient to permit
substantiation of the station’s
certification, in its license renewal
application, of compliance with the
commercial limits on children’s
television programming. The records
must be placed in the public file
quarterly. The FCC Form 398,
Children’s Television Programming
Reports, reflecting efforts made by the
licensee during the preceding quarter,
and efforts planned for the next quarter,
to serve the educational and
informational needs of children must be
placed in the public file quarterly
[Children’s Television Programming
Report (OMB control number 3060–
0754, FCC Form 398)];
(m) For NCE stations, a list of donors
supporting specific programs. The list is
to be retained for two years from the
date of the broadcast of the specific
program supported, and will be reserved
for sponsors/underwriters of specific
programming;
(n) Each applicant for renewal of
license shall place in the public file a
statement certifying compliance with
the pre-filing and post-filing local
public notice announcements. These
statements shall be placed in the public
file within 7 days of the last day of
broadcast [Section 73.3580, Local Public
Notice of Filing of Broadcast
Applications (OMB control number
3060–0031)];
(o) Commercial radio and TV
licensees who provide programming to
another licensee’s station, pursuant to
time brokerage agreements, are required
to keep copies of those agreements in
their public inspection files, with
confidential information blocked out
where appropriate;
(p) Commercial TV stations must
make an election between
retransmission consent and must-carry
status once every three years. Television
stations that fail to make an election
will be deemed to have elected mustcarry status. This statement must be
placed in the station’s public inspection
file. This rule codifies Section
325(b)(3)(B) of the Communications Act
of 1934, as amended [Section 73.1601,
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18:07 Aug 15, 2011
Jkt 223001
Deletion of Repositioning of Broadcast
Signals; Section 76.1617, Initial MustCarry Notice; and Sections 76.1697 and
76.1708, Principal Headend (OMB
control number 3060–0649)];
(q) NCE television stations requesting
mandatory carriage on any cable system
pursuant to 47 CFR 76.56 shall place in
its public file the request and relevant
correspondence; and
(r) Commercial radio and TV licensees
who have entered into joint sales
agreements must place the agreements
in the public inspection file, with
confidential and propriety information
blocked out where appropriate.
47 CFR 73.1212(e), 73.1943 and
76.1701 require licensees of broadcast
stations and every cable television
system to keep and permit public
inspection of a complete record
(political file) of all requests for
broadcast and cablecast time made by or
on behalf of candidates for public office,
together with an appropriate notation
showing the disposition made by the
system of such requests, and the charges
made, if any, if the request is granted.
The disposition includes the schedule
of time purchased, when the spots
actually aired, the rates charged, and the
classes of time purchased. Also, when
free time is provided for use by or on
behalf of candidates, a record of the free
time provided is to be placed in the
political file as soon as possible and
maintained for a period of two years. 47
CFR 73.1212(e) and 76.1701 also require
that, when an entity sponsors broadcast
or cablecast material that concerns a
political matter or a discussion of a
controversial issue of public
importance, a list must be maintained in
the public file of the system that
includes the sponsoring entity’s chief
executive officers, or members of its
executive committee or of its board of
directors [Sections 73.1212, 76.1615 and
76.1715, Sponsorship Identification
(OMB control number 3060–0174);
Section 73.1942, Candidates Rates,
76.206, Candidates Rates, Section
76.1611, Political Cable Rates and
Classes of Time (OMB control number
3060–0501)].
The Commission is requesting an
extension of this information collection
for a three year period from OMB.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2011–20719 Filed 8–15–11; 8:45 am]
BILLING CODE 6712–01–P
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FEDERAL COMMUNICATIONS
COMMISSION
Radio Broadcasting Services; AM or
FM Proposals To Change the
Community of License
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
The following applicants filed
AM or FM proposals to change the
community of license: ALELUYA
BROADCASTING NETWORK, Station
NEW, Facility ID 123270, BMPED–
20110629BPM, From BAY CITY, TX, To
LOUISE, TX; DAVID L. SMITH, Station
WGRL, Facility ID 170939, BMPH–
20110718ABP, From FREDERIC, MI, To
TUSCARORA TOWNSHIP, MI; L.
TOPAZ ENTERPRISES, INC., Station
NEW, Facility ID 189562, BNPH–
20110624ADA, From MCCALL, ID, To
UNION, OR; M&M BROADCASTERS,
LTD., Station KHHG, Facility ID 170991,
BPH–20110620AGF, From HAMILTON,
TX, To HICO, TX; NORMIN
BROADCASTING CO., Station NEW,
Facility ID 189577, BNPH–
20110630AIA, From RED LAKE, MN, To
RED LAKE FALLS, MN; S & S
VENEGAS, LLC, Station KRBN, Facility
ID 170993, BPH–20110627ABP, From
BURNEY, CA, To MANTON, CA;
SOUTH SOUND BROADCASTING,
LLC, Station KOMO–FM, Facility ID
51167, BMPH–20110630AGT, From
OAKVILLE, WA, To BELFAIR, WA;
SUNNYLANDS BROADCASTING LLC,
Station NEW, Facility ID 189496,
BNPH–20110630AGJ, From ILWACO,
WA, To OAKVILLE, WA; THRESHOLD
COMMUNICATIONS, Station NEW,
Facility ID 189494, BNPH–
20110630AHJ, From CLATSKANIE, OR,
To FORDS PRAIRIE, WA; TLAPEK,
DON J, Station NEW, Facility ID 189525,
BNPH–20110628ABN, From
GUNNISON, CO, To OLATHE, CO.
DATES: The agency must receive
comments on or before October 17,
2011.
SUMMARY:
Federal Communications
Commission, 445 Twelfth Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Tung Bui, 202–418–2700.
SUPPLEMENTARY INFORMATION: The full
text of these applications is available for
inspection and copying during normal
business hours in the Commission’s
Reference Center, 445 12th Street, SW.,
Washington, DC 20554 or electronically
via the Media Bureau’s Consolidated
Data Base System, https://
svartifoss2.fcc.gov/prod/cdbs/pubacc/
prod/cdbs_pa.htm. A copy of this
ADDRESSES:
E:\FR\FM\16AUN1.SGM
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Agencies
[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50730-50732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20719]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Information Collection Being Submitted to the Office of
Management and Budget for Review and Approval
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork burdens, 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 (PRA) of 1995. 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; (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; and (e) ways to further reduce the information
collection burden on small business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the PRA that does not display a valid Office of
Management and Budget (OMB) control number.
DATES: Written comments should be submitted on or before September 15,
2011. 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 below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via fax
202-395-5167, or via e-mail Nicholas_A._Fraser@omb.eop.gov; and to
Cathy Williams, FCC, via e-mail PRA@fcc.gov and to
Cathy.Williams@fcc.gov. Include in the comments the OMB control number
as shown in the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection, contact Cathy Williams at (202) 418-
2918. 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, (6) when the list of FCC
ICRs currently under review appears, look for the OMB control number of
this ICR and then click on the ICR Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0214.
Title: Sections 73.3526 and 73.3527, Local Public Inspection Files;
Sections 76.1701 and 73.1943, Political Files.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; not for-profit
institutions.
Number of Respondents and Responses: 25,422 respondents; 59,833
responses.
Estimated Time per Response: 1 hour to 109 hours.
Frequency of Response: Recordkeeping and third party disclosure
requirements.
Obligation to Respond: Required to obtain or retain benefit. The
statutory authority for this collection of information is contained in
Sections 154(i), 303 and 308 of the Communications Act of 1934, as
amended.
Total Annual Burden: 2,176,815 hours.
Total Annual Cost: None.
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: The Commission published a 60-day notice on April
18, 2011 seeking comments from the public (see 76 FR 21739). This
current published notice is seeking an
[[Page 50731]]
additional 30 days of public comment. The Commission received the
previous comments from the 60-day notice and has taken them into
account.
The Commission first adopted a public inspection file requirement
more than 40 years ago. The public file requirement grew out of
Congress' 1960 amendment of Sections 309 and 311 of the Communications
Act of 1934. Finding that Congress, in enacting these provisions, was
guarding ``the right of the general public to be informed, not merely
the rights of those who have special interests,'' the Commission
adopted the public inspection file requirement to ``make information to
which the public already has a right more readily available, so that
the public will be encouraged to play a more active part in dialogue
with broadcast licensees.'' In return for their exclusive use of public
spectrum, broadcasters must operate and program their stations in the
``public interest, convenience and necessity.'' This means that all
stations must be responsive and accountable to their local community of
license. The manner in which broadcasters communicate with their
communities is a core function of their role as licensees. Specific
items in the public file, listed below, include items that provide
station information to the public, like ownership reports, contour
maps, citizens agreements, EEO reports and quarterly lists of programs
that the stations believe addressed important issues in their
community. Access to the public inspection file allows the public to
monitor a station's public interest performance. The information
provided in a station's public file enables citizens to engage in an
informed dialog with their local stations or to file complaints or
petitions to deny the renewal of a station's license. Comments,
complaints, and petitions to deny filed by the viewing public have long
been a part of the regulatory and the renewal process. As part of the
Commission's license renewal process, the Commission does not routinely
monitor every aspect of stations' compliance with Commission rules;
rather, it depends on viewers and listeners to provide information
about whether stations are meeting their public interest obligations.
The following Information Collection Requirements are part of this
collection and have been approved by OMB:
47 CFR 73.3526(a) and 73.3527(a) require that licensees and
permittees of commercial and noncommercial educational (NCE) broadcast
stations maintain a local public inspection file. The contents of the
file vary according to type of service and status. A separate file
shall be maintained for each station for which an application is
pending or for which an authorization is outstanding. The public
inspection file must be maintained so long as an authorization to
operate the station is outstanding.
47 CFR 73.3526(b) and 73.3527(b) require that the public inspection
file be maintained at the main studio of the station. An applicant for
a new station or change of community shall maintain its file at an
accessible place in the proposed community of license or at its
proposed main studio.
47 CFR 73.3526(c) and 73.3527(c) require the licensee/permittee to
make the file available for public inspection at any time during
regular business hours. All or part of this file may be maintained in a
computer database as long as a computer terminal is made available to
members of the public. Materials in the public file must be made
available for review, printing or reproduction upon request.
Licensees that maintain their main studios and public file outside
their communities of license are required to mail a copy of ``The
Public and Broadcasting'' to anyone requesting a copy. Licensees shall
be prepared to assist members of the public in identifying the
documents they may want to be sent to them by mail.
47 CFR 73.3526(d) and 73.3527(d) require an assignor to maintain
the public inspection file until such time as the assignment is
consummated. At that time, the assignee is required to maintain the
file.
47 CFR 73.3526(e) and 73.3527(e) specify the contents of the public
inspection files. Separate rule sections not subject to this
information collection require the creation and submission to the
Commission of many of the items that must be retained in the public
inspection file. As such, the burden estimates for creation and
submission of these documents are calculated in other information
collections. The burden estimates included in this information
collection pertain only to making these items publicly available. We
have listed below some of the relevant information collections
pertaining to the creation and submission of such documents. The
documents to be retained in the public inspection files are as follows:
(a) A copy of the current FCC authorization to construct or operate
the station, as well as any other documents necessary to reflect any
modifications thereto or any conditions that the FCC has placed on the
authorization;
(b) A copy of any application tendered for filing with the FCC,
together with all related material, and copies of Initial Decision and
Final Decisions in hearing cases. If petitions to deny are filed
against the application, a statement that such a petition has been
filed shall be maintained in the file together with the name and
address of the party filing the petition [Application for Construction
Permit for Commercial Broadcast Station (OMB control number 3060-0027,
FCC Form 301; Application for New Commercial or Noncommercial
Educational Broadcast Station License (OMB control number 3060-0029,
FCC Form 340); Application for Consent to Assignment of Broadcast
Station Construction Permit or License, FCC Form 314; Application for
Consent to Transfer Control of Entity Holding Broadcast Station
Construction Permit or License, FCC Form 315; Section 73.3580, Local
Public Notice of Filing of Broadcast Applications (OMB control number
3060-0031)];
(c) For commercial broadcast stations, a copy of every written
citizen agreement;
(d) A copy of any service contour maps, submitted with any
application, together with any other information in the application
showing service contours and/or main studio and transmitter location;
(e) A copy of the most recent, complete Ownership Report (FCC Form
323) filed with the FCC for the station, together with any statements
filed with the FCC certifying that the current Report is accurate
[Ownership Report for Broadcast Station (OMB control number 3060-0010,
FCC Form 323); Ownership Report for Noncommercial Educational TV, FM or
Standard Broadcast Station (OMB control number 3060-0084, FCC Form 323-
E)];
(f) A political file of records required by 47 CFR 73.1943
concerning broadcasts by candidates for public office [Section 73.1942,
Candidates Rates, 76.206, Candidates Rates, Section 76.1611, Political
Cable Rates and Classes of Time (OMB control number 3060-0501)];
(g) An Equal Employment Opportunity File required by 47 CFR 73.2080
[Broadcast EEO Program Report, FCC Form 396 (OMB control number 3060-
0113); Multi-Channel Video Program Distributor EEO Program Annual
Report (OMB control number 3060-1033, FCC Form 396-C)].
(h) A copy of the most recent edition of the manual entitled ``The
Public and Broadcasting;''
(i) For commercial broadcast stations, all written comments and
suggestions (letters and electronic mail) received from the public
regarding operation of the station;
[[Page 50732]]
(j) Material having a substantial bearing on a matter which is the
subject of an FCC investigation or complaint to the FCC of which the
applicant/permittee/licensee has been advised;
(k) For commercial radio and TV broadcast stations and non-exempt
NCE broadcast stations, a list of programs that have provided the
station's most significant treatment of community issues. This list is
kept on a quarterly basis and contains a brief description of how each
issue was treated;
(l) For commercial TV broadcast stations, records sufficient to
permit substantiation of the station's certification, in its license
renewal application, of compliance with the commercial limits on
children's television programming. The records must be placed in the
public file quarterly. The FCC Form 398, Children's Television
Programming Reports, reflecting efforts made by the licensee during the
preceding quarter, and efforts planned for the next quarter, to serve
the educational and informational needs of children must be placed in
the public file quarterly [Children's Television Programming Report
(OMB control number 3060-0754, FCC Form 398)];
(m) For NCE stations, a list of donors supporting specific
programs. The list is to be retained for two years from the date of the
broadcast of the specific program supported, and will be reserved for
sponsors/underwriters of specific programming;
(n) Each applicant for renewal of license shall place in the public
file a statement certifying compliance with the pre-filing and post-
filing local public notice announcements. These statements shall be
placed in the public file within 7 days of the last day of broadcast
[Section 73.3580, Local Public Notice of Filing of Broadcast
Applications (OMB control number 3060-0031)];
(o) Commercial radio and TV licensees who provide programming to
another licensee's station, pursuant to time brokerage agreements, are
required to keep copies of those agreements in their public inspection
files, with confidential information blocked out where appropriate;
(p) Commercial TV stations must make an election between
retransmission consent and must-carry status once every three years.
Television stations that fail to make an election will be deemed to
have elected must-carry status. This statement must be placed in the
station's public inspection file. This rule codifies Section
325(b)(3)(B) of the Communications Act of 1934, as amended [Section
73.1601, Deletion of Repositioning of Broadcast Signals; Section
76.1617, Initial Must-Carry Notice; and Sections 76.1697 and 76.1708,
Principal Headend (OMB control number 3060-0649)];
(q) NCE television stations requesting mandatory carriage on any
cable system pursuant to 47 CFR 76.56 shall place in its public file
the request and relevant correspondence; and
(r) Commercial radio and TV licensees who have entered into joint
sales agreements must place the agreements in the public inspection
file, with confidential and propriety information blocked out where
appropriate.
47 CFR 73.1212(e), 73.1943 and 76.1701 require licensees of
broadcast stations and every cable television system to keep and permit
public inspection of a complete record (political file) of all requests
for broadcast and cablecast time made by or on behalf of candidates for
public office, together with an appropriate notation showing the
disposition made by the system of such requests, and the charges made,
if any, if the request is granted. The disposition includes the
schedule of time purchased, when the spots actually aired, the rates
charged, and the classes of time purchased. Also, when free time is
provided for use by or on behalf of candidates, a record of the free
time provided is to be placed in the political file as soon as possible
and maintained for a period of two years. 47 CFR 73.1212(e) and 76.1701
also require that, when an entity sponsors broadcast or cablecast
material that concerns a political matter or a discussion of a
controversial issue of public importance, a list must be maintained in
the public file of the system that includes the sponsoring entity's
chief executive officers, or members of its executive committee or of
its board of directors [Sections 73.1212, 76.1615 and 76.1715,
Sponsorship Identification (OMB control number 3060-0174); Section
73.1942, Candidates Rates, 76.206, Candidates Rates, Section 76.1611,
Political Cable Rates and Classes of Time (OMB control number 3060-
0501)].
The Commission is requesting an extension of this information
collection for a three year period from OMB.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-20719 Filed 8-15-11; 8:45 am]
BILLING CODE 6712-01-P