Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority, 14708-14709 [2014-05747]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14708-14709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05747]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC or the 
Commission) invites the general public and other Federal agencies to 
take this opportunity to comment on the following information 
collection. Comments are requested concerning: 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; the accuracy of the Commission's burden 
estimate; ways to enhance the quality, utility, and clarity of the 
information collected; 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 
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 PRA comments should be submitted on or before May 16, 
2014. 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 contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email 
PRA@fcc.gov and to Cathy.Williams@fcc.gov

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

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0996.
    Title: AM Auction Section 307(b) Submissions.
    Form Number: N/A.
    Type of Review: Extension 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.
    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

[[Page 14709]]

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 Rule Making in MB Docket No. 09-52, FCC 11-28. The 
First Order on Reconsideration modified 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 
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 included 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.
Gloria J. Miles,
Federal Register Liaison, Office of the Secretary, Office of Managing 
Director.
[FR Doc. 2014-05747 Filed 3-14-14; 8:45 am]
BILLING CODE 6712-01-P