Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority, 3311-3313 [2017-00346]
Download as PDF
Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL 9958–17–Region 3]
Notice of Tentative Approval and
Opportunity for Public Comment and
Public Hearing for Public Water
System Supervision Program Revision
for West Virginia
Environmental Protection
Agency (EPA).
ACTION: Notice of approval and
solicitation of requests for public
hearing.
AGENCY:
Notice is hereby given that
the State of West Virginia is revising its
approved Public Water System
Supervision Program. West Virginia has
adopted drinking water regulations for
the Revised Total Coliform Rule. The
U.S. Environmental Protection Agency
(EPA) has determined that West
Virginia’s Revised Total Coliform Rule
meets all minimum federal
requirements, and that it is no less
stringent than the corresponding federal
regulation. Therefore, EPA has
tentatively decided to approve the State
program revisions.
DATES: Comments or a public hearing
must be submitted by February 10,
2017. This determination shall become
final and effective on February 10, 2017
if no timely and appropriate request for
a hearing is received, and the Regional
Administrator does not elect to hold a
hearing on his own motion, and if no
comments are received which cause
EPA to modify its tentative approval.
ADDRESSES: Comments or a request for
a public hearing must be submitted to
the U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, PA 19103–2029. All
documents relating to this
determination are available for
inspection between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday, at the following offices:
• Drinking Water Branch, Water
Protection Division, U.S. Environmental
Protection Agency Region III, 1650 Arch
Street, Philadelphia, PA 19103–2029.
• West Virginia Department of Health
and Human Resources, Environmental
Engineering Division, 350 Capitol
Street, Room 313, Charleston, West
Virginia 25301–3713.
FOR FURTHER INFORMATION CONTACT:
Kelly Moran, Drinking Water Branch
(3WP21) at the Philadelphia address
given above, via email at moran.kelly@
epa.gov, or telephone (215) 814–2331 or
fax (215) 814–2302.
SUPPLEMENTARY INFORMATION: All
interested parties are invited to submit
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:05 Jan 10, 2017
Jkt 241001
written comments on this determination
and may request a hearing. All
comments will be considered, and if
necessary EPA will issue a response.
Frivolous or insubstantial requests for a
hearing will be denied by the Regional
Administrator. If a substantial request
for a public hearing is made by February
10, 2017, a public hearing will be held.
A request for public hearing shall
include the following: (1) The name,
address, and telephone number of the
individual, organization, or other entity
requesting a hearing; (2) a brief
statement of the requesting person’s
interest in the Regional Administrator’s
determination and of information that
the requesting person intends to submit
at such hearing; and (3) the signature of
the individual making the request; or, if
the request is made on behalf of an
organization or other entity, the
signature of a responsible official of the
organization or other entity.
Dated: December 28, 2016.
Shawn M. Garvin,
Regional Administrator.
[FR Doc. 2017–00449 Filed 1–10–17; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0095, 3060–0176, 3060–0474,
3060–0996]
Information Collections Being
Reviewed by the Federal
Communications Commission Under
Delegated Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
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 Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
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,
SUMMARY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
3311
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 OMB 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 OMB
control number.
DATES: Written PRA comments should
be submitted on or before March 13,
2017. 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: 3060–0095.
Title: Multi-Channel Video
Programming Distributors Annual
Employment Report, FCC Form 395–A.
Form Number: FCC Form 395–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: 2,500 respondents; 2,500
responses.
Estimated Time per Response: 1 hour.
Frequency of Response:
Recordkeeping requirement and annual
reporting requirement.
Total Annual Burden: 2,500 hours.
Total Annual Cost: None.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority is contained in Sections 154
and 634 of the Communications Act of
1934, as amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: FCC Form 395–A,
‘‘The Multi-Channel Video
Programming Distributor Annual
Employment Report,’’ is a data
collection device used to assess industry
employment trends and provide reports
to Congress. The report identifies
employees by gender and race/ethnicity
in sixteen job categories. FCC Form
395–A contains a grid which collects
E:\FR\FM\11JAN1.SGM
11JAN1
sradovich on DSK3GMQ082PROD with NOTICES
3312
Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
data on full and part-time employees
and requests a list of employees by job
title, indicating the job category and full
or part-time status of the position. Every
cable entity with 6 or more full-time
employees and all Satellite Master
Antenna Television Systems (SMATV)
serving 50 or more subscribers and
having 6 or more full-time employees
must complete Form 395–A in its
entirety and file it by September 30 each
year. However, cable entities with 5 or
fewer full-time employees are not
required to file but if they do, they need
to complete and file only Sections I, II
and VIII of the FCC Form 395–A, and
thereafter need not file again unless
their employment increases.
OMB Control Number: 3060–0176.
Title: Section 73.1510, Experimental
Authorizations.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business and other forprofit entities.
Number of Respondents and
Responses: 230 respondents; 230
responses.
Estimated Time per Response: 2.25–
5.25 hours.
Frequency of Response: On occasion
reporting requirement.
Total Annual Burden: 983 hours.
Total Annual Costs: $231,250.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Section
154(i) of the Communications Act of
1934, as amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: The information
collection requirements contained in 47
CFR 73.1510 require that a licensee of
an AM, FM, and TV broadcast station to
file an informal application with the
FCC to request an experimental
authorization to conduct technical
experimentation directed toward
improvement of the technical phases of
operation and service. This request shall
describe the nature and purpose of
experimentation to be conducted, the
nature of the experimental signal
transmission, and the proposed hours
and duration of the experimentation.
The data are used by FCC staff to
maintain complete technical
information about a broadcast station
and to ensure that such experimentation
does not cause interference to other
broadcast stations.
OMB Control Number: 3060–0474.
VerDate Sep<11>2014
19:05 Jan 10, 2017
Jkt 241001
Title: Section 74.1263, Time of
Operation.
Form Number: N/A
Type of Review: Extension of a
currently approved collection.
Respondents: Business and other for
profit entities; not-for-profit institutions.
Number of Respondents and
Responses: 110 respondents; 110
responses.
Estimated Time per Response: 0.5
hours.
Frequency of Response: On occasion
reporting requirement.
Total Annual Burden: 55 hours.
Total Annual Costs: None.
Obligation to Respond: Required to
obtain or retain benefits. 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.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: The information
collection requirements contained in 47
CFR 74.1263(c) require licensees of FM
translator or booster stations to notify
the Commission of its intent to
discontinue operations for 30 or more
consecutive days. In addition, licensees
must notify the Commission within 48
hours of the station’s return to
operation. The information collection
requirements contained in 47 CFR
Section 74.1263(d) require FM translator
or booster station licensees to notify the
Commission of its intent to discontinue
operations permanently and to forward
the station license to the FCC for
cancellation.
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 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.
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.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
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 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
E:\FR\FM\11JAN1.SGM
11JAN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
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 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
VerDate Sep<11>2014
19:05 Jan 10, 2017
Jkt 241001
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.
[FR Doc. 2017–00346 Filed 1–10–17; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–XXXX]
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
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,
SUMMARY:
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
3313
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 March 13,
2017. 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
Nicole Ongele, FCC, via email PRA@
fcc.gov and to Nicole.Ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele at (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–XXXX.
Title: Data Breach Reporting.
Type of Review: New collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 145 respondents; 290
responses.
Estimated Time per Response: 36
hours.
Frequency of Response: On occasion
reporting requirements; record keeping
requirement, one-time reporting
requirement, third party disclosure
requirement, (the required disclosures
need only be made once upon each
triggering instance, e.g. each time that a
breach occurs).
Obligation to Respond: Mandatory.
Statutory authority for this information
collection is contained in sections 1, 2,
4, 201, 202, 222, 303, 316, 338, 631, 705
of the Communications Act of 1934, as
amended, and section 706 of the
Telecommunications Act of 1996, as
amended, 47 U.S.C. Sections 151, 152,
154, 201, 202, 222, 303, 316, 338, 551,
605, and 1302.
Total Annual Burden: 5,220 hours.
Total Annual Cost: No Cost.
Privacy Act Impact Assessment: This
information collection affects
individuals or households; thus, there
are impacts under the Privacy Act.
However, the government is not directly
collecting this information and the
Report and Order directs carriers to
E:\FR\FM\11JAN1.SGM
11JAN1
Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3311-3313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00346]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0095, 3060-0176, 3060-0474, 3060-0996]
Information Collections Being Reviewed by the Federal
Communications Commission Under Delegated Authority
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
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 Commission)
invites the general public and other Federal agencies to take this
opportunity to comment on the following information collections.
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 OMB 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 OMB
control number.
DATES: Written PRA comments should be submitted on or before March 13,
2017. 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: 3060-0095.
Title: Multi-Channel Video Programming Distributors Annual
Employment Report, FCC Form 395-A.
Form Number: FCC Form 395-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: 2,500 respondents; 2,500
responses.
Estimated Time per Response: 1 hour.
Frequency of Response: Recordkeeping requirement and annual
reporting requirement.
Total Annual Burden: 2,500 hours.
Total Annual Cost: None.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority is contained in Sections 154 and 634 of the
Communications Act of 1934, as amended.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: FCC Form 395-A, ``The Multi-Channel Video
Programming Distributor Annual Employment Report,'' is a data
collection device used to assess industry employment trends and provide
reports to Congress. The report identifies employees by gender and
race/ethnicity in sixteen job categories. FCC Form 395-A contains a
grid which collects
[[Page 3312]]
data on full and part-time employees and requests a list of employees
by job title, indicating the job category and full or part-time status
of the position. Every cable entity with 6 or more full-time employees
and all Satellite Master Antenna Television Systems (SMATV) serving 50
or more subscribers and having 6 or more full-time employees must
complete Form 395-A in its entirety and file it by September 30 each
year. However, cable entities with 5 or fewer full-time employees are
not required to file but if they do, they need to complete and file
only Sections I, II and VIII of the FCC Form 395-A, and thereafter need
not file again unless their employment increases.
OMB Control Number: 3060-0176.
Title: Section 73.1510, Experimental Authorizations.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit entities.
Number of Respondents and Responses: 230 respondents; 230
responses.
Estimated Time per Response: 2.25-5.25 hours.
Frequency of Response: On occasion reporting requirement.
Total Annual Burden: 983 hours.
Total Annual Costs: $231,250.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Section 154(i) of the Communications Act of 1934, as amended.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: The information collection requirements contained
in 47 CFR 73.1510 require that a licensee of an AM, FM, and TV
broadcast station to file an informal application with the FCC to
request an experimental authorization to conduct technical
experimentation directed toward improvement of the technical phases of
operation and service. This request shall describe the nature and
purpose of experimentation to be conducted, the nature of the
experimental signal transmission, and the proposed hours and duration
of the experimentation. The data are used by FCC staff to maintain
complete technical information about a broadcast station and to ensure
that such experimentation does not cause interference to other
broadcast stations.
OMB Control Number: 3060-0474.
Title: Section 74.1263, Time of Operation.
Form Number: N/A
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for profit entities; not-for-profit
institutions.
Number of Respondents and Responses: 110 respondents; 110
responses.
Estimated Time per Response: 0.5 hours.
Frequency of Response: On occasion reporting requirement.
Total Annual Burden: 55 hours.
Total Annual Costs: None.
Obligation to Respond: Required to obtain or retain benefits. 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.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: The information collection requirements contained
in 47 CFR 74.1263(c) require licensees of FM translator or booster
stations to notify the Commission of its intent to discontinue
operations for 30 or more consecutive days. In addition, licensees must
notify the Commission within 48 hours of the station's return to
operation. The information collection requirements contained in 47 CFR
Section 74.1263(d) require FM translator or booster station licensees
to notify the Commission of its intent to discontinue operations
permanently and to forward the station license to the FCC for
cancellation.
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
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
[[Page 3313]]
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.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-00346 Filed 1-10-17; 8:45 am]
BILLING CODE 6712-01-P