Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority, 53721-53723 [2019-21940]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices • Mail: U.S. Environmental Protection Agency, EPA Docket Center (ORD Docket), Mail Code: 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. The phone number is 202– 566–1752. • Hand Delivery: The ORD Docket is located in the EPA Headquarters Docket Center, EPA West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The phone number for the Public Reading Room is 202–566–1744. Deliveries are only accepted during the docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. Instructions: Direct your comments to Docket ID No. EPA–HQ–ORD–2019– 0504. Please ensure that your comments are submitted within the specified comment period. Comments received after the closing date will be marked ‘‘late,’’ and may only be considered if time permits. It is EPA’s policy to include all comments it receives in the public docket without change and to make the comments available online at https://www.regulations.gov, including any personal information provided, unless a comment includes information claimed to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute. Do not submit information through https://www.regulations.gov or email that you consider to be CBI or otherwise protected. The https:// www.regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/dockets. Docket: Documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other materials, such as copyrighted material, are publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the ORD Docket in the EPA Headquarters Docket Center. Dated: September 26, 2019. Tina Bahadori, Director, National Center for Environmental Assessment. [FR Doc. 2019–21957 Filed 10–7–19; 8:45 am] BILLING CODE 6560–50–P Please email external@exim.gov to be placed on the attendee list. Further Information: For further information, contact the Office of External Engagement at external@ exim.gov. Joyce Stone, Program Specialist, Office of the General Counsel. [FR Doc. 2019–21946 Filed 10–7–19; 8:45 am] BILLING CODE 6690–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0157, 3060–0176 and 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, 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 December 9, 2019. If you anticipate that you will be submitting comments, but find it SUMMARY: EXPORT-IMPORT BANK Notice of Open Meeting of the SubSaharan Africa Advisory Committee of the Export-Import Bank of the United States (EXIM) Time and Date: Monday, October 21, 2019 from 10:00 a.m. until 11:30 a.m. (EDT). Place: 811 Vermont Avenue NW, Room 1125B, Washington, DC 20571. Agenda: Discussion of EXIM Bank policies and programs designed to support the expansion of financing support for U.S. manufactured goods and services in Sub-Saharan Africa. Public Participation: The meeting will be open to public participation and time will be set aside for oral questions or comments. Members of the public may also file written statement(s) before or after the meeting. If you plan to attend, a photo ID must be presented at the guard’s desk as part of the clearance process into the building. You may contact India Walker at external@ exim.gov to be placed on the attendee list. If any person wishes auxiliary aids (such as a sign language interpreter) or other special accommodations, please email India Walker at external@ exim.gov no later than 5:00 p.m. EDT on Thursday, October 17, 2019. Members of the Press: For members of the press planning to attend the meeting, a photo ID must be presented at the guard’s desk as part of the clearance process into the building. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 53721 E:\FR\FM\08OCN1.SGM 08OCN1 jbell on DSK3GLQ082PROD with NOTICES 53722 Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices 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: 3060–0157. Title: Section 73.99, Presunrise Service Authorization (PSRA) and Postsunset Service Authorization (PSSA). Form Number: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit entities. Number of Respondents and Responses: 200 respondents; 200 responses. Frequency of Response: Annual and on occasion reporting requirements. Estimated Time per Response: 0.25 hours. Total Annual Burden: 50 hours. Total Annual Costs: $15,000. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection 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 73.99(e) requires the licensee of an AM broadcast station intending to operate with a presunrise or postsunset service authorization to submit by letter to the Commission the licensee’s name, call letters, location, the intended service, and a description of the method whereby any necessary power reduction will be achieved. Upon submission of this information, operation may begin without further authority. The FCC staff uses the letter to maintain complete technical information about the station to ensure that the licensee is in full compliance with the Commission’s rules and will not cause interference to other stations. 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. VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 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: 3060–0996. 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. 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. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 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 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 E:\FR\FM\08OCN1.SGM 08OCN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices 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 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 VerDate Sep<11>2014 21:50 Oct 07, 2019 Jkt 250001 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 Dortch, Secretary, Office of the Secretary. [FR Doc. 2019–21940 Filed 10–7–19; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–1022] Information Collection Being Submitted for Review and Approval to Office of Management and Budget Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 1995, 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. Pursuant to the Small Business Paperwork Relief Act of 2002, the FCC seeks specific comment on how it might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (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 comments should be submitted on or before November 7, SUMMARY: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 53723 2019. If you anticipate that you will be submitting comments but find it difficult to do so with the period of time allowed by this notice, you should advise the contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via email Nicholas_A._Fraser@OMB.eop.gov; and to Cathy Williams, FCC, via email PRA@ fcc.gov and to Cathy.Williams@fcc.gov. Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION 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 Title of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3520), the FCC invited the general public and other Federal Agencies to take this opportunity to comment on the following information collection. 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 estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (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. Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4), the FCC seeks specific comment on how it might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53721-53723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21940]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0157, 3060-0176 and 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, 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 December 
9, 2019. If you anticipate that you will be submitting comments, but 
find it

[[Page 53722]]

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 
[email protected] and to [email protected].

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

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0157.
    Title: Section 73.99, Presunrise Service Authorization (PSRA) and 
Postsunset Service Authorization (PSSA).
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 200 respondents; 200 
responses.
    Frequency of Response: Annual and on occasion reporting 
requirements.
    Estimated Time per Response: 0.25 hours.
    Total Annual Burden: 50 hours.
    Total Annual Costs: $15,000.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection 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 73.99(e) requires the licensee of an AM broadcast station 
intending to operate with a presunrise or postsunset service 
authorization to submit by letter to the Commission the licensee's 
name, call letters, location, the intended service, and a description 
of the method whereby any necessary power reduction will be achieved. 
Upon submission of this information, operation may begin without 
further authority. The FCC staff uses the letter to maintain complete 
technical information about the station to ensure that the licensee is 
in full compliance with the Commission's rules and will not cause 
interference to other stations.

    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: 3060-0996.
    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 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 53723]]

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 Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019-21940 Filed 10-7-19; 8:45 am]
BILLING CODE 6712-01-P


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