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]
=======================================================================
-----------------------------------------------------------------------
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