Filing of Applications; Modernization of Media Regulation Initiative; Revision of the Public Notice Requirements; Low Power FM Radio Service Technical Rules; Reexamination of the Comparative Standards and Procedures for Licensing Noncommercial Educational Broadcast Stations and Low Power FM Stations, 68474-68484 [2020-23441]
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68474
Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.370 is amended by
adding paragraph (c)(124) to read as
follows:
■
Dated: September 30, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
§ 52.370
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
Identification of plan
*
*
*
*
*
(c) * * *
(124) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on October
19, 2018.
(i) Incorporation by reference.
(A) Regulations of Connecticut State
Agencies Section 22a–174–18, entitled
‘‘Control of Particulate Matter and
Visible Emissions,’’ as amended August
3, 2018, as follows:
(1) 22a–174–18(c) Control of airborne
particulate matter and fugitive
particulate matter;
(2) 22a–174–18(f) Process industries—
general; and
(3) 22a–174–18(j)(1).
(B) [Reserved].
(ii) [Reserved]
■ 3. In § 52.385, Table 52.385 is
amended by revising the entry in state
citations for ‘‘22a–174–18’’ to read as
follows:
§ 52.385 EPA-approved Connecticut
regulations.
*
*
*
*
*
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut state
citation
Title/subject
Date
adopted by
state
*
*
22a–174–18 ........... Control of Particulate Matter
and Visible Emissions.
*
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket Nos. 17–264, 17–105, 05–6; FCC
20–65; MB Docket Nos. 19–193 and 17–105;
FCC 20–53; MB Docket No. 19–3; FCC 19–
127; FRS 17160]
Filing of Applications; Modernization
of Media Regulation Initiative; Revision
of the Public Notice Requirements;
Low Power FM Radio Service
Technical Rules; Reexamination of the
Comparative Standards and
Procedures for Licensing
Noncommercial Educational Broadcast
Stations and Low Power FM Stations
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
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AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
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10/29/2020
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[FR Doc. 2020–22527 Filed 10–28–20; 8:45 am]
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8/3/2018
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SUMMARY:
Date
approved by
EPA
Federal Register citation
*
[Insert Federal Register citation].
*
*
information collection requirements
associated with the Second Report and
Order of the Commission’s Rules
Regarding Public Notice of the Filing of
Applications; the Report and Order in
Low Power FM Radio Service Technical
Rules; the Report and Order in
Reexamination of the Comparative
Standards and Procedures for Licensing
of Noncommercial Educational
Broadcast Stations and Low Power FM
Stations. This document is consistent
with the Report and Orders, which
stated that the Commission would
publish a document in the Federal
Register announcing OMB approval and
the effective date of the information
collection requirements.
Rule changes to 47 CFR 73.3525,
73.3526, 73.3527, 73.3571, 73.3573,
73.3580, 73.3594, published at 85 FR
36786 on June 18, 2020; Rule changes to
47 CFR 73.816, 73.850, 73.870,
published at 85 FR 35567 on June 11,
2020; and Rule changes to 47 CFR
73.865, 73.872, 73.7002(c), 73.7003, and
73.7005, published at 85 FR 7880 on
February 12, 2020, are effective on
October 30, 2020.
DATES:
For
additional information, contact Cathy
FOR FURTHER INFORMATION CONTACT:
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Section
52.370
*
(c)(124)
*
Comments/description
*
Approval of revisions to subsections (c), (f), and (j).
*
Williams, Cathy.Williams@fcc.gov, (202)
418–2918.
This
document announces that, on October 9,
2020, October 7, 2020, October 2, 2020
and September 24, 2020, OMB approved
the information collection requirements
contained in the Commission’s Report
and Order, FCC 20–65, published at 85
FR 36786, June 18, 2020, FCC 20–53,
published at 85 FR 35567 on June 11,
2020 and FCC 19–127, published 85 FR
7880 on February 12, 2020. The OMB
Control Numbers are 3060–0016, 3060–
0213, 3060–1133, 3060–0214, 3060–
0932, 3060–0920, 3060–0027, 3060–
0029, 3060–0405, 3060–0110, 3060–
0031 and 3060–0075. The Commission
publishes this document as an
announcement of the effective date of
the information collection requirements.
SUPPLEMENTARY INFORMATION:
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on October 9,
2020, October 7, 2020, October 2, 2020
and September 24, 2020 for the
information collection requirements
contained in the Commission’s rules.
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No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Numbers
3060–0016, 3060–0213, 3060–1133,
3060–0214, 3060–0932, 3060–0920,
3060–0027, 3060–0029, 3060–0405,
3060–0110, 3060–0031 and 3060–0075.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control No.: 3060–0016.
OMB Approval Date: October 9, 2020.
OMB Expiration Date: October 31,
2023.
Title: FCC Form 2100, Application for
Media Bureau Audio and Video Service
Authorization, Schedule C (Former FCC
Form 346); Sections 74.793(d) and
74.787, LPTV Out-of-Core Digital
Displacement Application; Section
73.3700(g)(1)–(3), Post-Incentive
Auction Licensing and Operations;
Section 74.799, Low Power Television
and TV Translator Channel Sharing.
Form No.: FCC Form 2100,
Schedule C.
Respondents: Business or other forprofit entities; Not for profit institutions;
State, local or Tribal government.
Number of Respondents and
Responses: 4,460 respondents and 4,460
responses.
Estimated Time per Response: 2.5–7
hours.
Frequency of Response: One-time
reporting requirement; on occasion
reporting requirement; third party
disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in Section 154(i), 303, 307, 308 and 309
of the Communications Act of 1934, as
amended.
Total Annual Burden: 42,370 hours.
Annual Cost Burden: $23,026,757.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: FCC Form 2100,
Schedule C is used by licensees/
permittees/applicants when applying
for authority to construct or make
changes in a Low Power Television, TV
Translator or DTV Transition.
On May 12, 2020, the Commission
adopted Amendment of Section 73.3580
of the Commission’s Rules Regarding
Public Notice of the Filing of
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Applications; Modernization of Media
Regulation Initiative; Revision of the
Public Notice Requirements of Section
73.3580, Second Report and Order, MB
Docket Nos. 17–254, 17–105, & 05–6,
FCC 20–65 (rel. May 13, 2020). The
Commission adopted new, streamlined
procedures for stations to provide
public notice of the filing of certain
applications. Stations, including
stations filing for new construction
permits or major modifications to
facilities, that were previously required
to post public notice in a local
newspaper, must now post notice
online, either on the station website or
a website affiliated with the station, its
licensee, or its parent entity, or else
must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order do not
necessitate changes to the Form 2100,
Schedule C, nor do they affect the
substance, burden hours, or costs of
completing the forms. The rule changes
do, however, reduce burdens and costs
associated with filing the application.
OMB Control Number: 3060–0075.
OMB Approval Date: September 24,
2020.
OMB Expiration Date: September 30,
2023.
Title: Application for Transfer of
Control of a Corporate Licensee or
Permittee, or Assignment of License or
Permit, for an FM or TV Translator
Station, or a Low Power Television
Station, FCC Form 345.
Respondents: Business or other forprofit entities; Not for profit institutions;
Local or Tribal Government.
Number of Respondents and
Responses: 1,700 respondents; 3,900
responses.
Estimated Time per Response: 0.075–
1.25 hours.
Frequency of Response: Third party
disclosure requirement and on occasion
reporting requirement.
Total Annual Burden: 3,013 hours.
Total Annual Cost: $3,943,979.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Sections
154(i) and 310 of the Communications
Act of 1934, as amended.
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68475
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: Filing of the FCC
Form 345 is required when applying for
authority for assignment of license or
permit, or for consent to transfer of
control of a corporate licensee or
permittee for an FM or TV translator
station, or low power TV station.
This collection also includes the
third-party disclosure requirement of 47
CFR Section 73.3580 (OMB approval
was received for Section 73.3580 under
OMB Control Number 3060–0031).
Section 73.3580, as amended in the
Commission’s 2020 Public Notice
Second Report and Order, requires local
public notice of the filing of all
applications to assign or transfer control
of a broadcast station authorization,
including those of an FM or TV
translator or booster station or LPTV
station. Notice is given by an applicant
posting notice of the application filing
on its station website, its licensee
website, its parent entity website, or on
a publicly accessible, locally targeted
website, for 30 consecutive days
beginning within five business days of
acceptance of the application for filing.
The online notice must link to a copy
of the application as filed in the
Commission’s LMS licensing database.
Applicants for assignment or transfer of
control of a low-power television
(LPTV) station that locally originates
programming must also make a total of
six on-air announcements giving notice
that their applications have been
accepted for filing.
On May 12, 2020, the Commission
adopted Amendment of Section 73.3580
of the Commission’s Rules Regarding
Public Notice of the Filing of
Applications; Modernization of Media
Regulation Initiative; Revision of the
Public Notice Requirements of Section
73.3580, Second Report and Order, MB
Docket Nos. 17–254, 17–105, & 05–6,
FCC 20–65 (rel. May 13, 2020). The
Commission adopted new, streamlined
procedures for stations to provide
public notice of the filing of certain
applications. Applicants, including
applicants for assignment or transfer of
control of authorizations for FM or TV
translators or LPTV stations, that were
previously required to post public
notice in a local newspaper, must now
post notice online, either on the station
website or a website affiliated with the
station, its licensee, or its parent entity,
or else must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
Stations that are required to make on-air
announcements of the filing of certain
applications, including an applicant for
assignment or transfer of control of an
LPTV station that locally originates
programming, must continue to do so,
but the announcements are shorter and
direct viewers and listeners to the
application as filed and displayed in
either the station’s Online Public
Inspection File or another Commission
database. A total of six on-air
announcements are required, at least
one per week and no more than one per
day or two per week, to be broadcast
between 7:00 a.m. and 11:00 p.m. local
time, Monday through Friday, beginning
after the application is accepted for
filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order do not
necessitate changes to the Form 345, nor
do they affect the substance, burden
hours, or costs of completing the forms.
The rule changes do, however, reduce
burdens and costs associated with filing
the application.
OMB Control No.: 3060–0027.
OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31,
2023.
Title: Application for Construction
Permit for Commercial Broadcast
Station, FCC Form 301; Form 2100,
Schedule A—Application for Media
Bureau Video Service Authorization; 47
Sections 73.3700(b)(1) and (b)(2) and
Section 73.3800, Post Auction
Licensing; Form 2100, Schedule 301–
FM—Commercial FM Station
Construction Permit Application.
Form No.: FCC Form 2100, Schedule
A, FCC Form 301, FCC Form 2100,
Schedule 301–FM.
Respondents: Business or other forprofit entities; Not for profit institutions;
State, local or Tribal Government.
Number of Respondents and
Responses: 3,092 respondents and 4,199
responses.
Estimated Time per Response: 0.075
hours–6.25 hours.
Frequency of Response: One-time
reporting requirement; On occasion
reporting requirement; Third party
disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in Sections 154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
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Total Annual Burden: 12,435 hours.
Annual Cost Burden: $62,308,388.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: On May 12, 2020,
the Commission adopted Amendment of
Section 73.3580 of the Commission’s
Rules Regarding Public Notice of the
Filing of Applications; Modernization of
Media Regulation Initiative; Revision of
the Public Notice Requirements of
Section 73.3580, Second Report and
Order, MB Docket Nos. 17–254, 17–105,
& 05–6, FCC 20–65 (rel. May 13, 2020).
The Commission adopted new,
streamlined procedures for stations to
provide public notice of the filing of
certain applications. Stations, including
stations filing for new construction
permits or major modifications to
facilities, that were previously required
to post public notice in a local
newspaper, must now post notice
online, either on the station website or
a website affiliated with the station, its
licensee, or its parent entity, or else
must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
Stations that are required to make on-air
announcements of the filing of certain
applications, must continue to do so,
but the announcements are shorter and
direct viewers and listeners to the
application as filed and displayed in
either the station’s Online Public
Inspection File or another Commission
database. A total of six on-air
announcements are required, at least
one per week and no more than one per
day or two per week, to be broadcast
between 7:00 a.m. and 11:00 p.m. local
time, Monday through Friday, beginning
after the application is accepted for
filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 and 47 CFR 73.3594
adopted in the 2020 Public Notice
Second Report and Order, do not
necessitate changes to the Schedule 301,
nor do they affect the substance, burden
hours, or costs of completing the forms.
The rule changes do, however, reduce
burdens and costs associated with filing
the application. 47 CFR 73.3571(j)(3)
and 73.3573(g)(3) require that applicants
must comply with the local public
notice provisions of § 73.3580(c)(5).
OMB Control Number: 3060–0029.
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OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31,
2023.
Title: FCC Form 2100, Schedule 340,
Noncommercial Educational Station for
Reserved Channel Construction Permit
Application.
Form Number: FCC Form 2100,
Schedule 340.
Respondents: Business or other forprofit entities, not for profit institutions
and State, local or Tribal Government.
Number of Respondents and
Responses: 2,820 respondents; 2,820
responses.
Estimated Time per Response: 0.5
hours–6 hours.
Frequency of Response: On occasion
reporting requirement and Third party
disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in Sections 154(i), 303 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 6,603 hours.
Total Annual Cost: $30,039,119.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: This submission was
made to the Office of Management
(OMB) for the approval of information
collection requirements contained in the
Commission’s Reexamination of the
Comparative Standards and Procedures
for Licensing Noncommercial
Educational Broadcast Stations and Low
Power FM Stations, Report and Order,
FCC 19–127, 34 FCC Rcd 12519 (2019)
(NCE LPFM Report and Order), adopted
December 10, 2019, and released on
December 11, 2019, where the
Commission revised its rules and
procedures for considering competing
applications for new and major
modifications to noncommercial
educational full-service FM and fullpower television (NCE), and low power
FM (LPFM) broadcast stations. The
changes are designed to improve the
comparative selection and licensing
procedures, expedite the initiation of
new service to the public, eliminate
unnecessary applicant burdens, and
reduce the number of appeals of NCE
comparative licensing decisions.
First, to improve the NCE comparative
process, the NCE LPFM Report and
Order: (1) Eliminates the governing
document requirements for established
local applicants and applicants claiming
diversity points; (2) establishes a
uniform divestiture pledge policy; (3)
expands the tie-breaker criteria and
revises the procedures for allocating
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time in mandatory time-sharing
situations; and (4) clarifies and modifies
the ‘‘holding period’’ rule.
Second, the NCE LPFM Report and
Order adopts the following changes to
the LPFM comparative process:
(1) Prohibits amendments that attempt
to cure past unauthorized station
violations; (2) authorizes time-sharing
discussions prior to tentative selectee
designations; and (3) establishes
procedures for remaining tentative
selectees following dismissal of point
aggregation time-share agreements.
Third, the NCE LPFM Report and
Order adopts the following general
changes: (1) Defines which applicant
board changes are major changes;
(2) clarifies the reasonable site
assurance requirements; (3) streamlines
construction deadline tolling
procedures and notification
requirements; (4) lengthens the LPFM
construction period; and (5) eliminates
restrictions on the assignment and
transfer of LPFM authorizations.
Specifically, pertaining to this
Information Collection and NCE
stations, the Commission is revising the
relevant rules, 47 CFR 73.7002, 73.7003,
and 73.7005, the form, and
corresponding instructions, as follows:
(1) Changing all former references to
‘‘holding period’’ to ‘‘maintenance of
comparative qualifications.’’ During the
four-year ‘‘maintenance of comparative
qualifications’’ period, an NCE station
receiving a decisive preference for fair
distribution of service, in accordance
with the provisions of 47 CFR 73.7002,
must certify that any technical
modification to its authorized facilities
satisfies the technical requirements of
47 CFR 73.7005(b).
(2) Adding an ‘‘Established Local
Applicant Pledge,’’ requiring an
applicant to pledge to maintain localism
characteristics during the four-year
maintenance of comparative
qualifications period, if the applicant
certifies that it qualifies for points as an
‘‘established local applicant’’ in the
Point System Factors of 47 CFR 73.7003.
(3) Adding a ‘‘Diversity Pledge,’’
requiring an applicant to pledge to
comply with all of the restrictions on
station modifications and acquisitions
(as defined in 47 CFR 73.7005) during
the four-year maintenance of
comparative qualifications period, if the
applicant certifies that it qualifies for
‘‘local diversity of ownership’’ points in
the Point System Factors of 47 CFR
73.7003.
(4) Modifying the divestiture subquestion certification, to reflect the new
divestiture policies, in the Diversity of
Ownership question in the Point System
Factors Section.
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(5) Adding a new question in the Tie
Breakers section of the form, reflecting
the new third tie-breaker criterion of 47
CFR 73.7003(c)(3).
(6) Adding a new question in the Tie
Breakers Section of the form, requiring
the applicant to provide its initial date
of establishment.
(7) Adding a Reasonable Site
Assurance Certification in the Technical
Certifications Section of the form,
requiring the applicant to certify that it
has obtained reasonable assurance from
the tower owner or authorized
representative, that its specified site will
be available.
The revisions to the relevant rules,
and the changes to the questions in
Schedule 340 listed above affect the
substance, burden hours, and costs of
completing the Schedule 340. Therefore,
this submission was made to OMB for
approval of revised Information
Collection requirements.
On May 12, 2020, the Commission
adopted Amendment of Section 73.3580
of the Commission’s Rules Regarding
Public Notice of the Filing of
Applications; Modernization of Media
Regulation Initiative; Revision of the
Public Notice Requirements of Section
73.3580, Second Report and Order, MB
Docket Nos. 17–254, 17–105, & 05–6,
FCC 20–65 (rel. May 13, 2020). The
Commission adopted new, streamlined
procedures for stations to provide
public notice of the filing of certain
applications. Stations, including
stations filing for new construction
permits or major modifications to
facilities, that were previously required
to post public notice in a local
newspaper, must now post notice
online, either on the station website or
a website affiliated with the station, its
licensee, or its parent entity, or else
must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
Stations that are required to make on-air
announcements of the filing of certain
applications, must continue to do so,
but the announcements are shorter and
direct viewers and listeners to the
application as filed and displayed in
either the station’s Online Public
Inspection File or another Commission
database. A total of six on-air
announcements are required, at least
one per week and no more than one per
day or two per week, to be broadcast
between 7:00 a.m. and 11:00 p.m. local
time, Monday through Friday, beginning
after the application is accepted for
filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
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68477
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order, do not
necessitate changes to the Schedule 340,
nor do they affect the substance, burden
hours, or costs of completing the forms.
The rule changes do, however, reduce
burdens and costs associated with filing
the application.
Control Number: 3060–0031.
OMB Approval Date: September 24,
2020.
OMB Expiration Date: September 30,
2023.
Title: Application for Consent to
Assignment of Broadcast Station
Construction Permit or License, FCC
Form 314; Application for Consent to
Transfer Control of Entity Holding
Broadcast Station Construction Permit
or License, FCC Form 315; Section
73.3580, Local Public Notice of Filing of
Broadcast Applications.
Form Number: FCC Forms 314 and
315.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or Tribal
government.
Number of Respondents and
Responses: 4,920 respondents and
13,160 responses.
Estimated Time per Response: 0.075
to 7 hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
154(i), 303(b) and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 17,159 hours.
Total Annual Cost: $51,493,759.
Privacy Impact Assessment(s): No
impacts.
Nature and Extent of Confidentiality:
There is no need for confidentiality and
respondents are not being asked to
submit confidential information to the
Commission.
Needs and Uses: This submission was
made to the Office of Management
(OMB) for the approval of information
collection requirements contained in the
Commission’s Reexamination of the
Comparative Standards and Procedures
for Licensing Noncommercial
Educational Broadcast Stations and Low
Power FM Stations, Report and Order,
FCC 19–127, 34 FCC Rcd 12519 (2019)
(NCE LPFM Report and Order), adopted
December 10, 2019, and released on
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
December 11, 2019, where the
Commission revised its rules and
procedures for considering competing
applications for new and major
modifications to noncommercial
educational full-service FM and fullpower television (NCE), and low power
FM (LPFM) broadcast stations. The
changes are designed to improve the
comparative selection and licensing
procedures, expedite the initiation of
new service to the public, eliminate
unnecessary applicant burdens, and
reduce the number of appeals of NCE
comparative licensing decisions.
First, to improve the NCE comparative
process, the NCE LPFM Report and
Order: (1) Eliminates the governing
document requirements for established
local applicants and applicants claiming
diversity points; (2) establishes a
uniform divestiture pledge policy; (3)
expands the tie-breaker criteria and
revises the procedures for allocating
time in mandatory time-sharing
situations; and (4) clarifies and modifies
the ‘‘holding period’’ rule.
Second, the NCE LPFM Report and
Order adopts the following changes to
the LPFM comparative process: (1)
Prohibits amendments that attempt to
cure past unauthorized station
violations; (2) authorizes time-sharing
discussions prior to tentative selectee
designations; and (3) establishes
procedures for remaining tentative
selectees following dismissal of point
aggregation time-share agreements.
Third, the NCE LPFM Report and
Order adopts the following general
changes: (1) Defines which applicant
board changes are major changes; (2)
clarifies the reasonable site assurance
requirements; (3) streamlines
construction deadline tolling
procedures and notification
requirements; (4) lengthens the LPFM
construction period; and (5) eliminates
restrictions on the assignment and
transfer of LPFM authorizations.
Specifically, pertaining to this
Information Collection and NCE and
LPFM stations, the Commission is
removing the restrictive LPFM station
three-year ‘‘holding period’’ certification
from CDBS Forms 314 and 315, and
revising the relevant rules, 47 CFR
73.865 and 73.7005, the forms, and
corresponding instructions, as follows:
(1) Changing all references to
‘‘holding period’’ to ‘‘maintenance of
comparative qualifications,’’ and
requiring NCE stations awarded by the
point system to certify satisfying the
four-year ‘‘maintenance of comparative
qualifications’’ period;
(2) requiring LPFM applicants to
certify that it has been at least 18
months since the station’s initial
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construction permit was granted in
accordance with 47 CFR 73.865(c);
(3) requiring LPFM applicants to
certify that the assignment/transfer of
the LPFM authorization satisfies the
consideration restrictions of 47 CFR
73.865(a)(1);
(4) requiring LPFM authorizations
awarded by the LPFM comparative
point system, to indicate whether the
LPFM station has operated on-air for at
least four years since grant;
(5) requiring NCE applicants to certify
that the proposed acquisition comports
with 47 CFR 73.7005(c) diversity
requirements, based on any ‘‘diversity of
ownership’’ points awarded in an NCE
points system analysis.
Moreover, the NCE LPFM Report and
Order will increase the number of
applicants eligible to file FCC Forms
314 and 315 by eliminating both the
absolute prohibition on the assignment/
transfer of LPFM construction permits
and the three-year holding period
restriction on assigning LPFM licenses.
The elimination of these restrictions
will benefit the LPFM service by
increasing the likelihood that LPFM
permits will be constructed, provide
new service to communities, and help
make the LPFM stations more viable.
On May 12, 2020, the Commission
adopted Amendment of Section 73.3580
of the Commission’s Rules Regarding
Public Notice of the Filing of
Applications; Modernization of Media
Regulation Initiative; Revision of the
Public Notice Requirements of Section
73.3580, Second Report and Order, MB
Docket Nos. 17–254, 17–105, & 05–6,
FCC 20–65 (rel. May 13, 2020). The
Commission adopted new, streamlined
procedures for stations to provide
public notice of the filing of certain
applications. Stations, including
commercial stations filing assignment
and transfer applications, that were
previously required to post public
notice in a local newspaper, must now
post notice online either on the station
website or a website affiliated with the
station, its licensee, or its parent entity,
or else must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
Stations, including those filing
assignment and transfer applications,
that are required to make on-air
announcements of the filing of certain
applications, must continue to do so,
but the announcements are shorter and
direct viewers and listeners to the
application as filed and displayed in
either the station’s Online Public
Inspection File or another Commission
database. A total of six on-air
announcements are required, at least
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one per week and no more than one per
day or two per week, to be broadcast
between 7:00 a.m. and 11:00 p.m. local
time, Monday through Friday, beginning
after the application is accepted for
filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order, do not
necessitate changes to the Forms 314 or
315, nor do they affect the substance,
burden hours, or costs of completing the
forms. The rule changes do, however,
reduce burdens and costs associated
with filing the application.
OMB Control Number: 3060–0110.
OMB Approval Date: September 24,
2020.
OMB Expiration Date: September 30,
2023.
Title: FCC Form 2100, Application for
Renewal of Broadcast Station License,
LMS Schedule 303–S.
Form Number: FCC 2100, LMS
Schedule 303–S.
Respondents: Business or other forprofit entities; Not for profit institutions;
State, Local or Tribal Governments.
Number of Respondent and
Responses: 5,126 respondents, 5,126
responses.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Sections
154(i), 303, 307 and 308 of the
Communications Act of 1934, as
amended, and Section 204 of the
Telecommunications Act of 1996.
Estimated Time per Response: 0.5
hours-12 hours.
Frequency of Response: Every eightyear reporting requirement; Third party
disclosure requirement.
Total Annual Burden: 14,868 hours.
Total Annual Costs: $3,994,164.
Obligation of Response: Required to
obtain or retain benefits. The statutory
authority for the collection is contained
Sections 154(i), 303, 307 and 308 of the
Communications Act of 1934, as
amended, and Section 204 of the
Telecommunications Act of 1996.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: On May 12, 2020,
the Commission adopted Amendment of
Section 73.3580 of the Commission’s
Rules Regarding Public Notice of the
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
Filing of Applications; Modernization of
Media Regulation Initiative; Revision of
the Public Notice Requirements of
Section 73.3580, Second Report and
Order, MB Docket Nos. 17–254, 17–105,
& 05–6, FCC 20–65 (rel. May 13, 2020).
The Commission adopted new,
streamlined procedures for stations to
provide public notice of the filing of
certain applications. Some stations that
were previously required to post public
notice in a local newspaper, must now
post notice online, either on the station
website or a website affiliated with the
station, its licensee, or its parent entity,
or else must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
Stations that are required to make on-air
announcements of the filing of certain
applications, including applications for
the renewal of broadcast licenses, must
continue to do so, but the
announcements are shorter and direct
viewers and listeners to the application
as filed and displayed in either the
station’s Online Public Inspection File
or another Commission database. A total
of six on-air announcements are
required, at least one per week and no
more than one per day or two per week,
to be broadcast between 7:00 a.m. and
11:00 p.m. local time, Monday through
Friday, beginning after the application
is accepted for filing. The Commission
also clarified low-power FM (LPFM)
stations’ obligations to provide local
public notice, and amended section
73.801 of the rules (47 CFR 73.801,
listing FCC rules that apply to the LPFM
service) to include the local public
notice rule, 47 CFR 73.3580.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order, do not
necessitate changes to Schedule 303–S,
nor do they affect the substance, burden
hours, or costs of completing the forms.
The rule changes do, however, reduce
burdens and costs associated with filing
the application.
OMB Control Number: 3060–0213.
OMB Approval Date: October 9, 2020.
OMB Expiration Date: October 31,
2023.
Title: Section 73.3525, Agreements for
Removing Application Conflicts.
Form Number: N/A.
Respondents: Business or other forprofit entities; Not for profit institutions.
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Number of Respondents and
Responses: 38 respondents; 38
responses.
Estimated Time per Response: 1 hour.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Total Annual Burden: 38 hours.
Total Annual Cost: $91,200.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Sections
154(i) and 311 of the Communications
Act of 1934, as amended.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: The Commission is
submitting this revision to the Office of
Management and Budget for approval to
remove the information collection
requirements, annual burden hours and
annual cost contained in this collection
for 47 CFR 73.3535(b). The Commission
removed this rule section when it
adopted the Amendment of Section
73.3580 of the Commission’s Rules
Regarding Public Notice of the Filing of
Applications, MB Docket No. 17–264,
FCC 20–65 on May 12, 2020.
The following information collection
requirements remain in this collection:
47 CFR 73.3525 states (a) except as
provided in § 73.3523 regarding
dismissal of applications in comparative
renewal proceedings, whenever
applicants for a construction permit for
a broadcast station enter into an
agreement to procure the removal of a
conflict between applications pending
before the FCC by withdrawal or
amendment of an application or by its
dismissal pursuant to § 73.3568, all
parties thereto shall, within 5 days after
entering into the agreement, file with
the FCC a joint request for approval of
such agreement. The joint request shall
be accompanied by a copy of the
agreement, including any ancillary
agreements, and an affidavit of each
party to the agreement setting forth:
(1) The reasons why it is considered
that such agreement is in the public
interest;
(2) A statement that its application
was not filed for the purpose of reaching
or carrying out such agreement;
(3) A certification that neither the
applicant nor its principals has received
any money or other consideration in
excess of the legitimate and prudent
expenses of the applicant; Provided
That this provision shall not apply to
bona fide merger agreements;
(4) The exact nature and amount of
any consideration paid or promised;
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68479
(5) An itemized accounting of the
expenses for which it seeks
reimbursement; and
(6) The terms of any oral agreement
relating to the dismissal or withdrawal
of its application.
OMB Control Number: 3060–0214.
OMB Approval Date: October 7, 2020.
OMB Expiration Date: October 31,
2023.
Title: Sections 73.3526 and 73.3527,
Local Public Inspection Files; Sections
73.1212, 76.1701 and 73.1943, Political
Files.
Form Number: N/A.
Respondents: Business or other for
profit entities; Not for profit institutions;
State, Local or Tribal government;
Individuals or households.
Number of Respondents and
Responses: 23,984 respondents; 62,839
responses.
Estimated Time per Response: 1–52
hours.
Frequency of Response: On occasion
reporting requirement, Recordkeeping
requirement, Third party disclosure
requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for these collections is
contained in Sections 151, 152, 154(i),
303, 307 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 2,043,805
hours.
Total Annual Cost: None.
Privacy Impact Assessment: The
Commission prepared a system of
records notice (SORN), FCC/MB–2,
‘‘Broadcast Station Public Inspection
Files,’’ that covers the PII contained in
the broadcast station public inspection
files located on the Commission’s
website. The Commission will revise
appropriate privacy requirements as
necessary to include any entities and
information added to the online public
file in this proceeding.
Nature and Extent of Confidentiality:
Most of the documents comprising the
public file consist of materials that are
not of a confidential nature.
Respondents complying with the
information collection requirements
may request that the information they
submit be withheld from disclosure. If
confidentiality is requested, such
requests will be processed in
accordance with the Commission’s
rules, 47 CFR 0.459.
In addition, the Commission has
adopted provisions that permit
respondents subject to the information
collection requirement for Shared
Service Agreements to redact
confidential or proprietary information
from their disclosures.
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
Needs and Uses: On May 12, 2020,
the Commission adopted Amendment of
Section 73.3580 of the Commission’s
Rules Regarding Public Notice of the
Filing of Applications; Modernization of
Media Regulation Initiative; Revision of
the Public Notice Requirements of
Section 73.3580, Second Report and
Order, MB Docket Nos. 17–254, 17–105,
& 05–6, FCC 20–65 (rel. May 13, 2020).
The Commission adopted new,
streamlined procedures for stations to
provide public notice of the filing of
certain applications. Stations, including
stations filing for new construction
permits or major modifications to
facilities, that were previously required
to post public notice in a local
newspaper, must now post notice
online, either on the station website or
a website affiliated with the station, its
licensee, or its parent entity, or else
must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
Stations that are required to make on-air
announcements of the filing of certain
applications, must continue to do so,
but the announcements are shorter and
direct viewers and listeners to the
application as filed and displayed in
either the station’s Online Public
Inspection File or another Commission
database. A total of six on-air
announcements are required, at least
one per week and no more than one per
day or two per week, to be broadcast
between 7:00 a.m. and 11:00 p.m. local
time, Monday through Friday, beginning
after the application is accepted for
filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The modified information
collection requirements, revising rules
47 CFR 73.3526(e)(13) and 47 CFR
73.3527(e)(10) covering local public
notice announcements, are as follows:
47 CFR 73.3526(e)(13)—Local public
notice announcements. Each applicant
for renewal of license shall, within 7
days of the last day of broadcast of the
local public notice of filing
announcements required pursuant to
§ 73.3580(c)(3), place in the station’s
online public inspection file a statement
certifying compliance with this
requirement. The dates and times that
the on-air announcements were
broadcast shall be made part of the
certifying statement. The certifying
statement shall be retained in the public
file for the period specified in
§ 73.3580(e)(2) (for as long as the
application to which it refers).
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47 CFR 73.3527(e)(10)—Local public
notice announcements. Each applicant
for renewal of license shall, within 7
days of the last day of broadcast of the
local public notice of filing
announcements required pursuant to
§ 73.3580(c)(3), place in the station’s
online public inspection file a statement
certifying compliance with this
requirement. The dates and times that
the on-air announcements were
broadcast shall be made part of the
certifying statement. The certifying
statement shall be retained in the public
file for the period specified in
§ 73.3580(e)(2) (for as long as the
application to which it refers).
OMB Control Number: 3060–0405.
OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31,
2023.
Title: Form 2100, Schedule 349—FM
Translator or FM Booster Station
Construction Permit Application.
Form Number: FCC Form 2100,
Schedule 349.
Respondents: Business or other forprofit entities; State, Local or Tribal
Government; Not-for-profit institutions.
Number of Respondents and
Responses: 1,250 respondents; 3,750
responses.
Estimated Time per Response: 0.5
hours–1.5 hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 154(i), 303 and
308 of the Communications Act of 1934,
as amended.
Total Annual Burden: 4,050 hours.
Total Annual Cost: $4,447,539.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Needs and Uses: On May 12, 2020,
the Commission adopted Amendment of
Section 73.3580 of the Commission’s
Rules Regarding Public Notice of the
Filing of Applications; Modernization of
Media Regulation Initiative; Revision of
the Public Notice Requirements of
Section 73.3580, Second Report and
Order, MB Docket Nos. 17–254, 17–105,
& 05–6, FCC 20–65 (rel. May 13, 2020).
The Commission adopted new,
streamlined procedures for stations to
provide public notice of the filing of
certain applications. Stations, including
stations filing for new construction
permits or major modifications to
facilities, that were previously required
to post public notice in a local
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newspaper, must now post notice
online, either on the station website or
a website affiliated with the station, its
licensee, or its parent entity, or else
must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order, do not
necessitate changes to the Schedule 349,
nor do they affect the substance, burden
hours, or costs of completing the forms.
The rule changes do, however, reduce
burdens and costs associated with filing
the application.
In April 2020, the Commission
adopted a Report and Order making
certain changes to the LPFM technical
rules, to improve reception and increase
flexibility while maintaining
interference protection and the core
LPFM goals of diversity and localism.
Amendments of Parts 73 and 74 to
Improve the Low Power FM Radio
Service Technical Rules; Modernization
of Media Regulation Initiative, Report
and Order, MB Docket Nos. 19–193, 17–
105, FCC 20–53 (rel. Apr. 23, 2020)
(2020 Technical Report and Order).
LPFM stations provide a secondary,
noncommercial radio service with a
community focus. The Commission
originally designed LPFM engineering
requirements to be simple so that nonprofit organizations with limited
engineering expertise and small budgets
could readily apply for, construct, and
operate community-oriented stations
serving highly localized areas. LPFM
organizations suggested that the service
has matured and requires additional
engineering options to improve
reception. Thus, the 2020 Technical
Report and Order adopted the following
rules: Allow expanded LPFM use of
directional antennas. All LPFM stations
may use directional facilities, with
either off-the-shelf or composite
antennas, upon a satisfactory
engineering showing. Such antennas
could improve service near
international borders by allowing LPFM
stations to serve more listeners in the
United States while continuing to
protect Mexican and Canadian stations.
Redefine ‘‘Minor Changes’’ for LPFM
stations. An LPFM station may apply for
approval to relocate its transmitter site
without awaiting a filing window if the
change is ‘‘minor,’’ redefined in the
2020 Technical Report and Order as a
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move of 11.2 kilometers or less. The
2020 Technical Report and Order also
allowed proposals of greater distances to
qualify as minor if the existing and
proposed service contours overlap.
Permit LPFM Use of FM Booster
Stations. FM booster stations amplify
and retransmit a station’s signal. The
2020 Technical Report and Order
amended rules that had prohibited
LPFM stations from operating booster
stations, allowing LPFM stations to
operate an FM booster in lieu of an FM
translator when a booster would better
address unique terrain challenges.
Allow Shared Emergency Alert
System (EAS) Equipment. Co-owned,
co-located radio stations can share EAS
equipment, but this option was not
available to LPFM stations because they
cannot be co-owned. The 2020
Technical Report and Order permitted
co-located LPFM stations (particularly
those in time-share arrangements) to
share an EAS decoder pursuant to an
agreement for common access as well as
common responsibility for any EAS rule
violations, thus potentially reducing
costs.
Facilitate Waivers of Requirement to
Protect Television Stations Operating on
Channel 6. Stations on the part of the
FM band reserved for NCE use must
currently protect adjacent television
stations on Channel 6 (TV6). The 2020
Technical Report and Order deferred to
a future proceeding consideration of a
proposal to eliminate the protection of
digital television stations operating on
TV6. The 2020 Technical Report and
Order stated that until such a
proceeding is resolved, the Commission
will accept FM proposals that are shortspaced to TV6 if the FM applicant
demonstrates no interference.
Alternatively, the 2020 Technical
Report and Order added language to the
rules allowing reserved band radio
stations to provide an agreement
indicating the concurrence of all
potentially affected digital TV6 stations.
Miscellaneous Changes. The 2020
Technical Report and Order added
language to 47 CFR 73.850 requiring
LPFM stations to notify the Commission
if they are silent for ten days and to seek
authority for silent periods over 30 days,
as required for all other broadcasters,
thus codifying a longstanding policy
that the Bureau already applies to the
LPFM service that allows it to identify
and assist LPFM stations at risk of
losing their licenses automatically
under section 312(g) of the
Communications Act.
Specifically, pertaining to this
Information Collection and FM Booster
(and LPFM) stations, the Commission is
revising the form, the corresponding
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instructions, and the information
collection as follows:
(1) Permitting LPFM licensees to own
and operate FM Booster stations. The
2020 Technical Report and Order will
increase the number of applicants
eligible to file LMS Schedule 349 by
eliminating the absolute prohibition on
the cross-ownership of FM Booster
stations by LPFM licenses. The overall
number of respondents may increase
because these rule changes expand the
universe of applicants eligible to apply
for an FM Booster station construction
permit. Therefore, this submission was
made to OMB for approval of revised
Information Collection requirements.
OMB Control Number: 3060–0920.
OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31,
2023.
Title: Form 2100, Schedule 318—Low
Power FM Station Construction Permit
Application; Report and Order in MM
Docket No. 99–25 Creation of Low
Power Radio Service; Sections 73.801,
73.807, 73.809, 73.810, 73.816, 73.827,
73.850, 73.865, 73.870, 73.871, 73.872,
73.877, 73.878, 73.318, 73.1030,
73.1207, 73.1212, 73.1300, 73.1350,
73.1610, 73.1620, 73.1750, 73.1943,
73.3525, 73.3550, 73.3598, 11.61(ii).
Form No.: Form 2100, Schedule 318.
Respondents: Not-for-profit
institutions; State, local or Tribal
governments.
Number of Respondents and
Responses: 24,606 respondents with
multiple responses; 31,324 responses.
Estimated Time per Response: .0025–
12 hours.
Frequency of Response:
Recordkeeping requirement; On
occasion reporting requirement;
Monthly reporting requirement; Third
party disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in sections
154(i), 303, 308 and 325(a) of the
Communications Act of 1934, as
amended.
Total Annual Burden: 52,889 hours.
Total Annual Costs: $1,229,370.
Privacy Act Impact Assessment: This
information collection does not affect
individuals or households; thus, there
are no impacts under the Privacy Act.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Needs and Uses: This submission was
made to the Office of Management
(OMB) for the approval of information
collection requirements contained in the
Commission’s Reexamination of the
Comparative Standards and Procedures
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68481
for Licensing Noncommercial
Educational Broadcast Stations and Low
Power FM Stations, Report and Order,
FCC 19–127, 34 FCC Rcd 12519 (2019)
(NCE LPFM Report and Order), adopted
December 10, 2019, and released on
December 11, 2019, where the
Commission revised its rules and
procedures for considering competing
applications for new and major
modifications to noncommercial
educational full-service FM and fullpower television (NCE), and low power
FM (LPFM) broadcast stations. The
changes are designed to improve the
comparative selection and licensing
procedures, expedite the initiation of
new service to the public, eliminate
unnecessary applicant burdens, and
reduce the number of appeals of NCE
comparative licensing decisions.
First, to improve the NCE comparative
process, the NCE LPFM Report and
Order: (1) Eliminates the governing
document requirements for established
local applicants and applicants claiming
diversity points; (2) establishes a
uniform divestiture pledge policy; (3)
expands the tie-breaker criteria and
revises the procedures for allocating
time in mandatory time-sharing
situations; and (4) clarifies and modifies
the ‘‘holding period’’ rule.
Second, the NCE LPFM Report and
Order adopts the following changes to
the LPFM comparative process: (1)
Prohibits amendments that attempt to
cure past unauthorized station
violations; (2) authorizes time-sharing
discussions prior to tentative selectee
designations; and (3) establishes
procedures for remaining tentative
selectees following dismissal of point
aggregation time-share agreements.
Third, the NCE LPFM Report and
Order adopts the following general
changes: (1) Defines which applicant
board changes are major changes; (2)
clarifies the reasonable site assurance
requirements; (3) streamlines
construction deadline tolling
procedures and notification
requirements; (4) lengthens the LPFM
construction period; and (5) eliminates
restrictions on the assignment and
transfer of LPFM authorizations.
Specifically, pertaining to this
Information Collection and LPFM
stations, the Commission is revising the
relevant rules, 47 CFR 73.872, the form,
and corresponding instructions, as
follows:
(1) Adding a Reasonable Site
Assurance Certification in the Technical
Certifications Section of the form,
requiring the applicant to certify that it
has obtained reasonable assurance from
the tower owner or authorized
representative, that its specified site will
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be available. The revisions to the
relevant rules, and the changes to the
questions in Schedule 318 listed above
affect the substance, burden hours, and
costs of completing the Schedule 318.
Therefore, this submission was made to
OMB for approval of revised
Information Collection requirements.
On May 12, 2020, the Commission
adopted Amendment of Section 73.3580
of the Commission’s Rules Regarding
Public Notice of the Filing of
Applications; Modernization of Media
Regulation Initiative; Revision of the
Public Notice Requirements of Section
73.3580, Second Report and Order, MB
Docket Nos. 17–254, 17–105, & 05–6,
FCC 20–65 (rel. May 13, 2020). The
Commission adopted new, streamlined
procedures for stations to provide
public notice of the filing of certain
applications. Stations, including
stations filing for new construction
permits or major modifications to
facilities, that were previously required
to post public notice in a local
newspaper, must now post notice
online, either on the station website or
a website affiliated with the station, its
licensee, or its parent entity, or else
must post notice on a publicly
accessible, locally targeted website, for
30 continuous days following
acceptance of the application for filing.
Stations that are required to make on-air
announcements of the filing of certain
applications, must continue to do so,
but the announcements are shorter and
direct viewers and listeners to the
application as filed and displayed in
either the station’s Online Public
Inspection File or another Commission
database. A total of six on-air
announcements are required, at least
one per week and no more than one per
day or two per week, to be broadcast
between 7:00 a.m. and 11:00 p.m. local
time, Monday through Friday, beginning
after the application is accepted for
filing. The Commission also clarified
LPFM stations’ obligations to provide
local public notice, and amended
section 73.801 of the rules (47 CFR
73.801, listing FCC rules that apply to
the LPFM service) to include the local
public notice rule, 47 CFR 73.3580.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order, do not
necessitate changes to the Schedule 318,
nor do they affect the substance, burden
hours, or costs of completing the forms.
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The rule changes do, however, reduce
burdens and costs associated with filing
the application.
In April 2020, the Commission
adopted a Report and Order making
certain changes to the LPFM technical
rules, to improve reception and increase
flexibility while maintaining
interference protection and the core
LPFM goals of diversity and localism.
Amendments of Parts 73 and 74 to
Improve the Low Power FM Radio
Service Technical Rules; Modernization
of Media Regulation Initiative, Report
and Order, MB Docket Nos. 19–193, 17–
105, FCC 20–53 (rel. Apr. 23,
2020)(2020 Technical Report and
Order).
LPFM stations provide a secondary,
noncommercial radio service with a
community focus. The Commission
originally designed LPFM engineering
requirements to be simple so that nonprofit organizations with limited
engineering expertise and small budgets
could readily apply for, construct, and
operate community-oriented stations
serving highly localized areas. LPFM
organizations suggested that the service
has matured and requires additional
engineering options to improve
reception. Thus, the 2020 Technical
Report and Order adopted the following
rules: Allow expanded LPFM use of
directional antennas. All LPFM stations
may use directional facilities, with
either off-the-shelf or composite
antennas, upon a satisfactory
engineering showing. Such antennas
could improve service near
international borders by allowing LPFM
stations to serve more listeners in the
United States while continuing to
protect Mexican and Canadian stations.
Redefine ‘‘Minor Changes’’ for LPFM
stations. An LPFM station may apply for
approval to relocate its transmitter site
without awaiting a filing window if the
change is ‘‘minor,’’ redefined in the
2020 Technical Report and Order as a
move of 11.2 kilometers or less. The
2020 Technical Report and Order also
allowed proposals of greater distances to
qualify as minor if the existing and
proposed service contours overlap.
Permit LPFM Use of FM Booster
Stations. FM booster stations amplify
and retransmit a station’s signal. The
2020 Technical Report and Order
amended rules that had prohibited
LPFM stations from operating booster
stations, allowing LPFM stations to
operate an FM booster in lieu of an FM
translator when a booster would better
address unique terrain challenges.
Allow Shared Emergency Alert
System (EAS) Equipment. Co-owned,
co-located radio stations can share EAS
equipment, but this option was not
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available to LPFM stations because they
cannot be co-owned. The 2020
Technical Report and Order permitted
co-located LPFM stations (particularly
those in time-share arrangements) to
share an EAS decoder pursuant to an
agreement for common access as well as
common responsibility for any EAS rule
violations, thus potentially reducing
costs.
Facilitate Waivers of Requirement to
Protect Television Stations Operating on
Channel 6. Stations on the part of the
FM band reserved for NCE use must
currently protect adjacent television
stations on Channel 6 (TV6). The 2020
Technical Report and Order deferred to
a future proceeding consideration of a
proposal to eliminate the protection of
digital television stations operating on
TV6. The 2020 Technical Report and
Order stated that until such a
proceeding is resolved, the Commission
will accept FM proposals that are shortspaced to TV6 if the FM applicant
demonstrates no interference.
Alternatively, the 2020 Technical
Report and Order added language to the
rules allowing reserved band radio
stations to provide an agreement
indicating the concurrence of all
potentially affected digital TV6 stations.
Miscellaneous Changes. The 2020
Technical Report and Order added
language to 47 CFR 73.850 requiring
LPFM stations to notify the Commission
if they are silent for ten days and to seek
authority for silent periods over 30 days,
as required for all other broadcasters,
thus codifying a longstanding policy
that the Bureau already applies to the
LPFM service that allows it to identify
and assist LPFM stations at risk of
losing their licenses automatically
under section 312(g) of the
Communications Act. The 2020
Technical Report and Order also made
several non-substantive changes to
remove duplicative and out-of-date
information.
Specifically, pertaining to this
Information Collection and LPFM
stations, the Commission is revising the
relevant rules, 47 CFR 73.816, 73.850,
and 73.870, the form, and corresponding
instructions, as follows:
(1) Adding an Antenna Type question
in the Technical Certifications Section
of the form, requiring the applicant to
describe the proposed antenna type
(directional or non-directional).
Applicants proposing a directional
antenna (as now permitted by section
73.816) must complete a data table,
providing relative field values for every
10 degrees on the unit circle.
(2) Modifying section 73.850 to clarify
that LPFM stations must, like other
broadcast stations, notify the
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Commission if they temporarily stop
broadcasting. The rules require radio
stations to notify the Commission
within 10 days of temporarily
discontinuing operations and to obtain
Commission authorization if the
discontinued operations last beyond 30
days.
(3) Redefining the types of LPFM
facility changes that qualify as ‘‘minor’’
(in section 73.870), to provide
additional flexibility for LPFM stations
to relocate their facilities.
The revisions to the relevant rules,
and the changes to the questions in
Schedule 318 listed above affect the
substance, burden hours, and costs of
completing the Schedule 318. Therefore,
this submission was made to OMB for
approval of revised Information
Collection requirements.
OMB Control No.: 3060–0932.
OMB Approval Date: October 7, 2020.
OMB Expiration Date: October 31,
2023.
Title: FCC Form 2100, Application for
Media Bureau Audio and Video Service
Authorization, Schedule E (Former FCC
Form 301–CA); 47 CFR Sections
73.3700(b)(1)(i)–(v) and (vii), (b)(2)(i)
and (ii); 47 CFR Section 73.6028; 47
CFR Section 74.793(d).
Form No.: FCC Form 2100, Schedule
E (Application for Media Bureau Audio
and Video Service Authorization)
(Former FCC Form 301–CA).
Respondents: Business or other forprofit entities; Not for profit institutions;
State, Local or Tribal Government.
Number of Respondents and
Responses: 745 respondents and 745
responses.
Estimated Time per Response: 2.25
hours–6 hours.
Frequency of Response: One-time
reporting requirement; On occasion
reporting requirement; Third party
disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 151, 154(i), 157 and 309(j)
as amended; Middle Class Tax Relief
and Job Creation Act of 2012, Public
Law 112–96, 6402 (codified at 47 U.S.C.
309(j)(8)(G)), 6403 (codified at 47 U.S.C.
1452), 126 Stat. 156 (2012) (Spectrum
Act) and the Community Broadcasters
Protection Act of 1999.
Total Annual Burden: 6,146 hours.
Annual Cost Burden: $4,334,902.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: FCC Form 2100,
Schedule E (formerly FCC Form 301–
CA) is to be used in all cases by a Class
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A television station licensee seeking to
make changes in the authorized
facilities of such station. FCC Form
2100, Schedule E requires applicants to
certify compliance with certain
statutory and regulatory requirements.
Detailed instructions on the FCC Form
2100, Schedule E provide additional
information regarding Commission rules
and policies. FCC Form 2100, Schedule
E is presented primarily in a ‘‘Yes/No’’
certification format. However, it
contains appropriate places for
submitting explanations and exhibits
where necessary or appropriate. Each
certification constitutes a material
representation. Applicants may only
mark the ‘‘Yes’’ certification when they
are certain that the response is correct.
A ‘‘No’’ response is required if the
applicant is requesting a waiver of a
pertinent rule and/or policy, or where
the applicant is uncertain that the
application fully satisfies the pertinent
rule and/or policy. FCC Form 2100,
Schedule E filings made to implement
post-auction channel changes will be
considered minor change applications.
Class A applications for a major
change are subject to third party
disclosure requirement of Section
73.3580, which requires local public
notice that the application has been
accepted for filing. Notice is given by an
applicant posting notice of the
application filing on its station website,
its licensee website, its parent entity
website, or on a publicly accessible,
locally targeted website, for 30
consecutive days beginning within five
business days of acceptance of the
application for filing. The online notice
must link to a copy of the application
as filed in the Commission’s LMS
licensing database.
On May 12, 2020, the Commission
adopted Amendment of Section 73.3580
of the Commission’s Rules Regarding
Public Notice of the Filing of
Applications; Modernization of Media
Regulation Initiative; Revision of the
Public Notice Requirements of Section
73.3580, Second Report and Order, MB
Docket Nos. 17–254, 17–105, & 05–6,
FCC 20–65 (rel. May 13, 2020). The
Commission adopted new, streamlined
procedures for stations to provide
public notice of the filing of certain
applications. Stations, including Class A
television stations filing for new
construction permits or major
modifications to facilities, that were
previously required to post public
notice in a local newspaper, must now
post notice online, either on the station
website or a website affiliated with the
station, its licensee, or its parent entity,
or else must post notice on a publicly
accessible, locally targeted website, for
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68483
30 continuous days following
acceptance of the application for filing.
This submission was made to OMB
for approval of the modified third-party
disclosure requirements for this
Information Collection, as adopted in
the 2020 Public Notice Second Report
and Order. The changes pertaining to
this Information Collection and to 47
CFR 73.3580 adopted in the 2020 Public
Notice Second Report and Order do not
necessitate changes to the Form 2100,
Schedule E, nor do they affect the
substance, burden hours, or costs of
completing the forms. The rule changes
do, however, reduce burdens and costs
associated with filing the application.
OMB Control Number: 3060–1133.
OMB Approval Date: October 7, 2020.
OMB Expiration Date: October 31,
2023.
Title: Application for Permit to
Deliver Programs to Foreign Broadcast
Stations (FCC Form 308); 47 CFR
Sections 73.3545 and 73.3580.
Form No.: FCC Form 308.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 26 respondents; 48
responses.
Estimated Time per Response: 0.5
hours-2 hours.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in Section 325(c) of the
Communications Act of 1934, as
amended.
Total Annual Burden: 40 hours.
Annual Cost Burden: $18,642.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
In general, there is no need for
confidentiality with this collection of
information.
Needs and Uses: On May 12, 2020,
the Commission adopted Amendment of
Section 73.3580 of the Commission’s
Rules Regarding Public Notice of the
Filing of Applications; Modernization of
Media Regulation Initiative; Revision of
the Public Notice Requirements of
Section 73.3580, Second Report and
Order, MB Docket Nos. 17–254, 17–105,
& 05–6, FCC 20–65 (rel. May 13, 2020).
The Commission adopted new,
streamlined procedures for stations to
provide public notice of the filing of
certain applications. Stations, including
stations filing FCC Form 308, that were
previously required to post public
notice in a local newspaper, must now
post notice online, either on the station
website or a website affiliated with the
station, its licensee, or its parent entity,
or else must post notice on a publicly
accessible, locally targeted website, for
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30 continuous days following
acceptance of the application for filing.
This was made to OMB for approval
of the modified third-party disclosure
requirements for this Information
Collection, as adopted in the 2020
Public Notice Second Report and Order.
The changes pertaining to this
Information Collection and to 47 CFR
73.3580 adopted in the 2020 Public
Notice
Second Report and Order do not
necessitate changes to FCC Form 308,
nor do they affect the substance, burden
hours, or costs of completing the forms.
The rule changes do, however, reduce
burdens and costs associated with filing
the application.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020–23441 Filed 10–28–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200221–0062; RTID 0648–
XA528]
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The D season allowance of the 2020
total allowable catch (TAC) of pollock in
Statistical Area 620 of the GOA is 6,739
metric tons (mt) as established by the
final 2020 and 2021 harvest
specifications for groundfish in the GOA
(85 FR 13802, March 10, 2020).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the D season allowance
of the 2020 TAC of pollock in Statistical
Area 620 of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 6,639 mt and is
setting aside the remaining 100 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in Statistical
Area 620 of the GOA.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 620 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock in Statistical Area
620 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the D season allowance of the 2020 total
allowable catch of pollock for Statistical
Area 620 in the GOA.
DATES: Effective October 26, 2020. This
inseason became applicable at 1200
hours, Alaska local time (A.l.t.), October
20, 2020, through 1200 hours, A.l.t.,
October 27, 2020.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
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SUMMARY:
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NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the closure of directed
fishing for pollock in Statistical Area
620 of the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of October 19, 2020.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 26, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–24010 Filed 10–26–20; 4:15 pm]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200221–0062]
RTID 0648–XA602
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 620 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure
AGENCY:
NMFS is opening directed
fishing for pollock in Statistical Area
620 of the Gulf of Alaska (GOA). This
action is necessary to fully use the 2020
total allowable catch of pollock in
Statistical Area 620 of the GOA.
DATES: Effective 1201 hours, Alaska
local time (A.l.t.), October 27, 2020,
through 1200 hours, A.l.t., October 29,
2020. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., November 10, 2020.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket Number NOAA–NMFS–2019–
0102 by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190102, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records. Mail comments to P.O. Box
21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and NMFS will post the comments for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68474-68484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23441]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket Nos. 17-264, 17-105, 05-6; FCC 20-65; MB Docket Nos. 19-193
and 17-105; FCC 20-53; MB Docket No. 19-3; FCC 19-127; FRS 17160]
Filing of Applications; Modernization of Media Regulation
Initiative; Revision of the Public Notice Requirements; Low Power FM
Radio Service Technical Rules; Reexamination of the Comparative
Standards and Procedures for Licensing Noncommercial Educational
Broadcast Stations and Low Power FM Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) announces that the Office of Management and Budget (OMB)
has approved, for a period of three years, the information collection
requirements associated with the Second Report and Order of the
Commission's Rules Regarding Public Notice of the Filing of
Applications; the Report and Order in Low Power FM Radio Service
Technical Rules; the Report and Order in Reexamination of the
Comparative Standards and Procedures for Licensing of Noncommercial
Educational Broadcast Stations and Low Power FM Stations. This document
is consistent with the Report and Orders, which stated that the
Commission would publish a document in the Federal Register announcing
OMB approval and the effective date of the information collection
requirements.
DATES: Rule changes to 47 CFR 73.3525, 73.3526, 73.3527, 73.3571,
73.3573, 73.3580, 73.3594, published at 85 FR 36786 on June 18, 2020;
Rule changes to 47 CFR 73.816, 73.850, 73.870, published at 85 FR 35567
on June 11, 2020; and Rule changes to 47 CFR 73.865, 73.872,
73.7002(c), 73.7003, and 73.7005, published at 85 FR 7880 on February
12, 2020, are effective on October 30, 2020.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Cathy Williams, [email protected], (202) 418-2918.
SUPPLEMENTARY INFORMATION: This document announces that, on October 9,
2020, October 7, 2020, October 2, 2020 and September 24, 2020, OMB
approved the information collection requirements contained in the
Commission's Report and Order, FCC 20-65, published at 85 FR 36786,
June 18, 2020, FCC 20-53, published at 85 FR 35567 on June 11, 2020 and
FCC 19-127, published 85 FR 7880 on February 12, 2020. The OMB Control
Numbers are 3060-0016, 3060-0213, 3060-1133, 3060-0214, 3060-0932,
3060-0920, 3060-0027, 3060-0029, 3060-0405, 3060-0110, 3060-0031 and
3060-0075. The Commission publishes this document as an announcement of
the effective date of the information collection requirements.
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
October 9, 2020, October 7, 2020, October 2, 2020 and September 24,
2020 for the information collection requirements contained in the
Commission's rules.
[[Page 68475]]
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number. The OMB
Control Numbers 3060-0016, 3060-0213, 3060-1133, 3060-0214, 3060-0932,
3060-0920, 3060-0027, 3060-0029, 3060-0405, 3060-0110, 3060-0031 and
3060-0075.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control No.: 3060-0016.
OMB Approval Date: October 9, 2020.
OMB Expiration Date: October 31, 2023.
Title: FCC Form 2100, Application for Media Bureau Audio and Video
Service Authorization, Schedule C (Former FCC Form 346); Sections
74.793(d) and 74.787, LPTV Out-of-Core Digital Displacement
Application; Section 73.3700(g)(1)-(3), Post-Incentive Auction
Licensing and Operations; Section 74.799, Low Power Television and TV
Translator Channel Sharing.
Form No.: FCC Form 2100, Schedule C.
Respondents: Business or other for-profit entities; Not for profit
institutions; State, local or Tribal government.
Number of Respondents and Responses: 4,460 respondents and 4,460
responses.
Estimated Time per Response: 2.5-7 hours.
Frequency of Response: One-time reporting requirement; on occasion
reporting requirement; third party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Section 154(i),
303, 307, 308 and 309 of the Communications Act of 1934, as amended.
Total Annual Burden: 42,370 hours.
Annual Cost Burden: $23,026,757.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: FCC Form 2100, Schedule C is used by licensees/
permittees/applicants when applying for authority to construct or make
changes in a Low Power Television, TV Translator or DTV Transition.
On May 12, 2020, the Commission adopted Amendment of Section
73.3580 of the Commission's Rules Regarding Public Notice of the Filing
of Applications; Modernization of Media Regulation Initiative; Revision
of the Public Notice Requirements of Section 73.3580, Second Report and
Order, MB Docket Nos. 17-254, 17-105, & 05-6, FCC 20-65 (rel. May 13,
2020). The Commission adopted new, streamlined procedures for stations
to provide public notice of the filing of certain applications.
Stations, including stations filing for new construction permits or
major modifications to facilities, that were previously required to
post public notice in a local newspaper, must now post notice online,
either on the station website or a website affiliated with the station,
its licensee, or its parent entity, or else must post notice on a
publicly accessible, locally targeted website, for 30 continuous days
following acceptance of the application for filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order do not necessitate
changes to the Form 2100, Schedule C, nor do they affect the substance,
burden hours, or costs of completing the forms. The rule changes do,
however, reduce burdens and costs associated with filing the
application.
OMB Control Number: 3060-0075.
OMB Approval Date: September 24, 2020.
OMB Expiration Date: September 30, 2023.
Title: Application for Transfer of Control of a Corporate Licensee
or Permittee, or Assignment of License or Permit, for an FM or TV
Translator Station, or a Low Power Television Station, FCC Form 345.
Respondents: Business or other for-profit entities; Not for profit
institutions; Local or Tribal Government.
Number of Respondents and Responses: 1,700 respondents; 3,900
responses.
Estimated Time per Response: 0.075-1.25 hours.
Frequency of Response: Third party disclosure requirement and on
occasion reporting requirement.
Total Annual Burden: 3,013 hours.
Total Annual Cost: $3,943,979.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i) and 310 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 Act Impact Assessment: No impact(s).
Needs and Uses: Filing of the FCC Form 345 is required when
applying for authority for assignment of license or permit, or for
consent to transfer of control of a corporate licensee or permittee for
an FM or TV translator station, or low power TV station.
This collection also includes the third-party disclosure
requirement of 47 CFR Section 73.3580 (OMB approval was received for
Section 73.3580 under OMB Control Number 3060-0031). Section 73.3580,
as amended in the Commission's 2020 Public Notice Second Report and
Order, requires local public notice of the filing of all applications
to assign or transfer control of a broadcast station authorization,
including those of an FM or TV translator or booster station or LPTV
station. Notice is given by an applicant posting notice of the
application filing on its station website, its licensee website, its
parent entity website, or on a publicly accessible, locally targeted
website, for 30 consecutive days beginning within five business days of
acceptance of the application for filing. The online notice must link
to a copy of the application as filed in the Commission's LMS licensing
database. Applicants for assignment or transfer of control of a low-
power television (LPTV) station that locally originates programming
must also make a total of six on-air announcements giving notice that
their applications have been accepted for filing.
On May 12, 2020, the Commission adopted Amendment of Section
73.3580 of the Commission's Rules Regarding Public Notice of the Filing
of Applications; Modernization of Media Regulation Initiative; Revision
of the Public Notice Requirements of Section 73.3580, Second Report and
Order, MB Docket Nos. 17-254, 17-105, & 05-6, FCC 20-65 (rel. May 13,
2020). The Commission adopted new, streamlined procedures for stations
to provide public notice of the filing of certain applications.
Applicants, including applicants for assignment or transfer of control
of authorizations for FM or TV translators or LPTV stations, that were
previously required to post public notice in a local newspaper, must
now post notice online, either on the station website or a website
affiliated with the station, its licensee, or its parent entity, or
else must post notice on a publicly accessible, locally targeted
website, for 30 continuous days following acceptance of the application
for filing.
[[Page 68476]]
Stations that are required to make on-air announcements of the filing
of certain applications, including an applicant for assignment or
transfer of control of an LPTV station that locally originates
programming, must continue to do so, but the announcements are shorter
and direct viewers and listeners to the application as filed and
displayed in either the station's Online Public Inspection File or
another Commission database. A total of six on-air announcements are
required, at least one per week and no more than one per day or two per
week, to be broadcast between 7:00 a.m. and 11:00 p.m. local time,
Monday through Friday, beginning after the application is accepted for
filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order do not necessitate
changes to the Form 345, nor do they affect the substance, burden
hours, or costs of completing the forms. The rule changes do, however,
reduce burdens and costs associated with filing the application.
OMB Control No.: 3060-0027.
OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31, 2023.
Title: Application for Construction Permit for Commercial Broadcast
Station, FCC Form 301; Form 2100, Schedule A--Application for Media
Bureau Video Service Authorization; 47 Sections 73.3700(b)(1) and
(b)(2) and Section 73.3800, Post Auction Licensing; Form 2100, Schedule
301-FM--Commercial FM Station Construction Permit Application.
Form No.: FCC Form 2100, Schedule A, FCC Form 301, FCC Form 2100,
Schedule 301-FM.
Respondents: Business or other for-profit entities; Not for profit
institutions; State, local or Tribal Government.
Number of Respondents and Responses: 3,092 respondents and 4,199
responses.
Estimated Time per Response: 0.075 hours-6.25 hours.
Frequency of Response: One-time reporting requirement; On occasion
reporting requirement; Third party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Sections
154(i), 303 and 308 of the Communications Act of 1934, as amended.
Total Annual Burden: 12,435 hours.
Annual Cost Burden: $62,308,388.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: On May 12, 2020, the Commission adopted Amendment
of Section 73.3580 of the Commission's Rules Regarding Public Notice of
the Filing of Applications; Modernization of Media Regulation
Initiative; Revision of the Public Notice Requirements of Section
73.3580, Second Report and Order, MB Docket Nos. 17-254, 17-105, & 05-
6, FCC 20-65 (rel. May 13, 2020). The Commission adopted new,
streamlined procedures for stations to provide public notice of the
filing of certain applications. Stations, including stations filing for
new construction permits or major modifications to facilities, that
were previously required to post public notice in a local newspaper,
must now post notice online, either on the station website or a website
affiliated with the station, its licensee, or its parent entity, or
else must post notice on a publicly accessible, locally targeted
website, for 30 continuous days following acceptance of the application
for filing. Stations that are required to make on-air announcements of
the filing of certain applications, must continue to do so, but the
announcements are shorter and direct viewers and listeners to the
application as filed and displayed in either the station's Online
Public Inspection File or another Commission database. A total of six
on-air announcements are required, at least one per week and no more
than one per day or two per week, to be broadcast between 7:00 a.m. and
11:00 p.m. local time, Monday through Friday, beginning after the
application is accepted for filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 and 47
CFR 73.3594 adopted in the 2020 Public Notice Second Report and Order,
do not necessitate changes to the Schedule 301, nor do they affect the
substance, burden hours, or costs of completing the forms. The rule
changes do, however, reduce burdens and costs associated with filing
the application. 47 CFR 73.3571(j)(3) and 73.3573(g)(3) require that
applicants must comply with the local public notice provisions of Sec.
73.3580(c)(5).
OMB Control Number: 3060-0029.
OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31, 2023.
Title: FCC Form 2100, Schedule 340, Noncommercial Educational
Station for Reserved Channel Construction Permit Application.
Form Number: FCC Form 2100, Schedule 340.
Respondents: Business or other for-profit entities, not for profit
institutions and State, local or Tribal Government.
Number of Respondents and Responses: 2,820 respondents; 2,820
responses.
Estimated Time per Response: 0.5 hours-6 hours.
Frequency of Response: On occasion reporting requirement and Third
party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Sections
154(i), 303 and 308 of the Communications Act of 1934, as amended.
Total Annual Burden: 6,603 hours.
Total Annual Cost: $30,039,119.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: This submission was made to the Office of
Management (OMB) for the approval of information collection
requirements contained in the Commission's Reexamination of the
Comparative Standards and Procedures for Licensing Noncommercial
Educational Broadcast Stations and Low Power FM Stations, Report and
Order, FCC 19-127, 34 FCC Rcd 12519 (2019) (NCE LPFM Report and Order),
adopted December 10, 2019, and released on December 11, 2019, where the
Commission revised its rules and procedures for considering competing
applications for new and major modifications to noncommercial
educational full-service FM and full-power television (NCE), and low
power FM (LPFM) broadcast stations. The changes are designed to improve
the comparative selection and licensing procedures, expedite the
initiation of new service to the public, eliminate unnecessary
applicant burdens, and reduce the number of appeals of NCE comparative
licensing decisions.
First, to improve the NCE comparative process, the NCE LPFM Report
and Order: (1) Eliminates the governing document requirements for
established local applicants and applicants claiming diversity points;
(2) establishes a uniform divestiture pledge policy; (3) expands the
tie-breaker criteria and revises the procedures for allocating
[[Page 68477]]
time in mandatory time-sharing situations; and (4) clarifies and
modifies the ``holding period'' rule.
Second, the NCE LPFM Report and Order adopts the following changes
to the LPFM comparative process: (1) Prohibits amendments that attempt
to cure past unauthorized station violations; (2) authorizes time-
sharing discussions prior to tentative selectee designations; and (3)
establishes procedures for remaining tentative selectees following
dismissal of point aggregation time-share agreements.
Third, the NCE LPFM Report and Order adopts the following general
changes: (1) Defines which applicant board changes are major changes;
(2) clarifies the reasonable site assurance requirements; (3)
streamlines construction deadline tolling procedures and notification
requirements; (4) lengthens the LPFM construction period; and (5)
eliminates restrictions on the assignment and transfer of LPFM
authorizations.
Specifically, pertaining to this Information Collection and NCE
stations, the Commission is revising the relevant rules, 47 CFR
73.7002, 73.7003, and 73.7005, the form, and corresponding
instructions, as follows:
(1) Changing all former references to ``holding period'' to
``maintenance of comparative qualifications.'' During the four-year
``maintenance of comparative qualifications'' period, an NCE station
receiving a decisive preference for fair distribution of service, in
accordance with the provisions of 47 CFR 73.7002, must certify that any
technical modification to its authorized facilities satisfies the
technical requirements of 47 CFR 73.7005(b).
(2) Adding an ``Established Local Applicant Pledge,'' requiring an
applicant to pledge to maintain localism characteristics during the
four-year maintenance of comparative qualifications period, if the
applicant certifies that it qualifies for points as an ``established
local applicant'' in the Point System Factors of 47 CFR 73.7003.
(3) Adding a ``Diversity Pledge,'' requiring an applicant to pledge
to comply with all of the restrictions on station modifications and
acquisitions (as defined in 47 CFR 73.7005) during the four-year
maintenance of comparative qualifications period, if the applicant
certifies that it qualifies for ``local diversity of ownership'' points
in the Point System Factors of 47 CFR 73.7003.
(4) Modifying the divestiture sub-question certification, to
reflect the new divestiture policies, in the Diversity of Ownership
question in the Point System Factors Section.
(5) Adding a new question in the Tie Breakers section of the form,
reflecting the new third tie-breaker criterion of 47 CFR 73.7003(c)(3).
(6) Adding a new question in the Tie Breakers Section of the form,
requiring the applicant to provide its initial date of establishment.
(7) Adding a Reasonable Site Assurance Certification in the
Technical Certifications Section of the form, requiring the applicant
to certify that it has obtained reasonable assurance from the tower
owner or authorized representative, that its specified site will be
available.
The revisions to the relevant rules, and the changes to the
questions in Schedule 340 listed above affect the substance, burden
hours, and costs of completing the Schedule 340. Therefore, this
submission was made to OMB for approval of revised Information
Collection requirements.
On May 12, 2020, the Commission adopted Amendment of Section
73.3580 of the Commission's Rules Regarding Public Notice of the Filing
of Applications; Modernization of Media Regulation Initiative; Revision
of the Public Notice Requirements of Section 73.3580, Second Report and
Order, MB Docket Nos. 17-254, 17-105, & 05-6, FCC 20-65 (rel. May 13,
2020). The Commission adopted new, streamlined procedures for stations
to provide public notice of the filing of certain applications.
Stations, including stations filing for new construction permits or
major modifications to facilities, that were previously required to
post public notice in a local newspaper, must now post notice online,
either on the station website or a website affiliated with the station,
its licensee, or its parent entity, or else must post notice on a
publicly accessible, locally targeted website, for 30 continuous days
following acceptance of the application for filing. Stations that are
required to make on-air announcements of the filing of certain
applications, must continue to do so, but the announcements are shorter
and direct viewers and listeners to the application as filed and
displayed in either the station's Online Public Inspection File or
another Commission database. A total of six on-air announcements are
required, at least one per week and no more than one per day or two per
week, to be broadcast between 7:00 a.m. and 11:00 p.m. local time,
Monday through Friday, beginning after the application is accepted for
filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order, do not necessitate
changes to the Schedule 340, nor do they affect the substance, burden
hours, or costs of completing the forms. The rule changes do, however,
reduce burdens and costs associated with filing the application.
Control Number: 3060-0031.
OMB Approval Date: September 24, 2020.
OMB Expiration Date: September 30, 2023.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License, FCC Form 314; Application for Consent
to Transfer Control of Entity Holding Broadcast Station Construction
Permit or License, FCC Form 315; Section 73.3580, Local Public Notice
of Filing of Broadcast Applications.
Form Number: FCC Forms 314 and 315.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, local or Tribal government.
Number of Respondents and Responses: 4,920 respondents and 13,160
responses.
Estimated Time per Response: 0.075 to 7 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections 154(i), 303(b) and 308 of the Communications Act of 1934, as
amended.
Total Annual Burden: 17,159 hours.
Total Annual Cost: $51,493,759.
Privacy Impact Assessment(s): No impacts.
Nature and Extent of Confidentiality: There is no need for
confidentiality and respondents are not being asked to submit
confidential information to the Commission.
Needs and Uses: This submission was made to the Office of
Management (OMB) for the approval of information collection
requirements contained in the Commission's Reexamination of the
Comparative Standards and Procedures for Licensing Noncommercial
Educational Broadcast Stations and Low Power FM Stations, Report and
Order, FCC 19-127, 34 FCC Rcd 12519 (2019) (NCE LPFM Report and Order),
adopted December 10, 2019, and released on
[[Page 68478]]
December 11, 2019, where the Commission revised its rules and
procedures for considering competing applications for new and major
modifications to noncommercial educational full-service FM and full-
power television (NCE), and low power FM (LPFM) broadcast stations. The
changes are designed to improve the comparative selection and licensing
procedures, expedite the initiation of new service to the public,
eliminate unnecessary applicant burdens, and reduce the number of
appeals of NCE comparative licensing decisions.
First, to improve the NCE comparative process, the NCE LPFM Report
and Order: (1) Eliminates the governing document requirements for
established local applicants and applicants claiming diversity points;
(2) establishes a uniform divestiture pledge policy; (3) expands the
tie-breaker criteria and revises the procedures for allocating time in
mandatory time-sharing situations; and (4) clarifies and modifies the
``holding period'' rule.
Second, the NCE LPFM Report and Order adopts the following changes
to the LPFM comparative process: (1) Prohibits amendments that attempt
to cure past unauthorized station violations; (2) authorizes time-
sharing discussions prior to tentative selectee designations; and (3)
establishes procedures for remaining tentative selectees following
dismissal of point aggregation time-share agreements.
Third, the NCE LPFM Report and Order adopts the following general
changes: (1) Defines which applicant board changes are major changes;
(2) clarifies the reasonable site assurance requirements; (3)
streamlines construction deadline tolling procedures and notification
requirements; (4) lengthens the LPFM construction period; and (5)
eliminates restrictions on the assignment and transfer of LPFM
authorizations.
Specifically, pertaining to this Information Collection and NCE and
LPFM stations, the Commission is removing the restrictive LPFM station
three-year ``holding period'' certification from CDBS Forms 314 and
315, and revising the relevant rules, 47 CFR 73.865 and 73.7005, the
forms, and corresponding instructions, as follows:
(1) Changing all references to ``holding period'' to ``maintenance
of comparative qualifications,'' and requiring NCE stations awarded by
the point system to certify satisfying the four-year ``maintenance of
comparative qualifications'' period;
(2) requiring LPFM applicants to certify that it has been at least
18 months since the station's initial construction permit was granted
in accordance with 47 CFR 73.865(c);
(3) requiring LPFM applicants to certify that the assignment/
transfer of the LPFM authorization satisfies the consideration
restrictions of 47 CFR 73.865(a)(1);
(4) requiring LPFM authorizations awarded by the LPFM comparative
point system, to indicate whether the LPFM station has operated on-air
for at least four years since grant;
(5) requiring NCE applicants to certify that the proposed
acquisition comports with 47 CFR 73.7005(c) diversity requirements,
based on any ``diversity of ownership'' points awarded in an NCE points
system analysis.
Moreover, the NCE LPFM Report and Order will increase the number of
applicants eligible to file FCC Forms 314 and 315 by eliminating both
the absolute prohibition on the assignment/transfer of LPFM
construction permits and the three-year holding period restriction on
assigning LPFM licenses. The elimination of these restrictions will
benefit the LPFM service by increasing the likelihood that LPFM permits
will be constructed, provide new service to communities, and help make
the LPFM stations more viable.
On May 12, 2020, the Commission adopted Amendment of Section
73.3580 of the Commission's Rules Regarding Public Notice of the Filing
of Applications; Modernization of Media Regulation Initiative; Revision
of the Public Notice Requirements of Section 73.3580, Second Report and
Order, MB Docket Nos. 17-254, 17-105, & 05-6, FCC 20-65 (rel. May 13,
2020). The Commission adopted new, streamlined procedures for stations
to provide public notice of the filing of certain applications.
Stations, including commercial stations filing assignment and transfer
applications, that were previously required to post public notice in a
local newspaper, must now post notice online either on the station
website or a website affiliated with the station, its licensee, or its
parent entity, or else must post notice on a publicly accessible,
locally targeted website, for 30 continuous days following acceptance
of the application for filing. Stations, including those filing
assignment and transfer applications, that are required to make on-air
announcements of the filing of certain applications, must continue to
do so, but the announcements are shorter and direct viewers and
listeners to the application as filed and displayed in either the
station's Online Public Inspection File or another Commission database.
A total of six on-air announcements are required, at least one per week
and no more than one per day or two per week, to be broadcast between
7:00 a.m. and 11:00 p.m. local time, Monday through Friday, beginning
after the application is accepted for filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order, do not necessitate
changes to the Forms 314 or 315, nor do they affect the substance,
burden hours, or costs of completing the forms. The rule changes do,
however, reduce burdens and costs associated with filing the
application.
OMB Control Number: 3060-0110.
OMB Approval Date: September 24, 2020.
OMB Expiration Date: September 30, 2023.
Title: FCC Form 2100, Application for Renewal of Broadcast Station
License, LMS Schedule 303-S.
Form Number: FCC 2100, LMS Schedule 303-S.
Respondents: Business or other for-profit entities; Not for profit
institutions; State, Local or Tribal Governments.
Number of Respondent and Responses: 5,126 respondents, 5,126
responses.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i), 303, 307 and 308 of the Communications Act of 1934, as
amended, and Section 204 of the Telecommunications Act of 1996.
Estimated Time per Response: 0.5 hours-12 hours.
Frequency of Response: Every eight-year reporting requirement;
Third party disclosure requirement.
Total Annual Burden: 14,868 hours.
Total Annual Costs: $3,994,164.
Obligation of Response: Required to obtain or retain benefits. The
statutory authority for the collection is contained Sections 154(i),
303, 307 and 308 of the Communications Act of 1934, as amended, and
Section 204 of the Telecommunications Act of 1996.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this information collection.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: On May 12, 2020, the Commission adopted Amendment
of Section 73.3580 of the Commission's Rules Regarding Public Notice of
the
[[Page 68479]]
Filing of Applications; Modernization of Media Regulation Initiative;
Revision of the Public Notice Requirements of Section 73.3580, Second
Report and Order, MB Docket Nos. 17-254, 17-105, & 05-6, FCC 20-65
(rel. May 13, 2020). The Commission adopted new, streamlined procedures
for stations to provide public notice of the filing of certain
applications. Some stations that were previously required to post
public notice in a local newspaper, must now post notice online, either
on the station website or a website affiliated with the station, its
licensee, or its parent entity, or else must post notice on a publicly
accessible, locally targeted website, for 30 continuous days following
acceptance of the application for filing. Stations that are required to
make on-air announcements of the filing of certain applications,
including applications for the renewal of broadcast licenses, must
continue to do so, but the announcements are shorter and direct viewers
and listeners to the application as filed and displayed in either the
station's Online Public Inspection File or another Commission database.
A total of six on-air announcements are required, at least one per week
and no more than one per day or two per week, to be broadcast between
7:00 a.m. and 11:00 p.m. local time, Monday through Friday, beginning
after the application is accepted for filing. The Commission also
clarified low-power FM (LPFM) stations' obligations to provide local
public notice, and amended section 73.801 of the rules (47 CFR 73.801,
listing FCC rules that apply to the LPFM service) to include the local
public notice rule, 47 CFR 73.3580.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order, do not necessitate
changes to Schedule 303-S, nor do they affect the substance, burden
hours, or costs of completing the forms. The rule changes do, however,
reduce burdens and costs associated with filing the application.
OMB Control Number: 3060-0213.
OMB Approval Date: October 9, 2020.
OMB Expiration Date: October 31, 2023.
Title: Section 73.3525, Agreements for Removing Application
Conflicts.
Form Number: N/A.
Respondents: Business or other for-profit entities; Not for profit
institutions.
Number of Respondents and Responses: 38 respondents; 38 responses.
Estimated Time per Response: 1 hour.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 38 hours.
Total Annual Cost: $91,200.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i) and 311 of the Communications Act of 1934, as amended.
Privacy Impact Assessment: No impact(s).
Needs and Uses: The Commission is submitting this revision to the
Office of Management and Budget for approval to remove the information
collection requirements, annual burden hours and annual cost contained
in this collection for 47 CFR 73.3535(b). The Commission removed this
rule section when it adopted the Amendment of Section 73.3580 of the
Commission's Rules Regarding Public Notice of the Filing of
Applications, MB Docket No. 17-264, FCC 20-65 on May 12, 2020.
The following information collection requirements remain in this
collection: 47 CFR 73.3525 states (a) except as provided in Sec.
73.3523 regarding dismissal of applications in comparative renewal
proceedings, whenever applicants for a construction permit for a
broadcast station enter into an agreement to procure the removal of a
conflict between applications pending before the FCC by withdrawal or
amendment of an application or by its dismissal pursuant to Sec.
73.3568, all parties thereto shall, within 5 days after entering into
the agreement, file with the FCC a joint request for approval of such
agreement. The joint request shall be accompanied by a copy of the
agreement, including any ancillary agreements, and an affidavit of each
party to the agreement setting forth:
(1) The reasons why it is considered that such agreement is in the
public interest;
(2) A statement that its application was not filed for the purpose
of reaching or carrying out such agreement;
(3) A certification that neither the applicant nor its principals
has received any money or other consideration in excess of the
legitimate and prudent expenses of the applicant; Provided That this
provision shall not apply to bona fide merger agreements;
(4) The exact nature and amount of any consideration paid or
promised;
(5) An itemized accounting of the expenses for which it seeks
reimbursement; and
(6) The terms of any oral agreement relating to the dismissal or
withdrawal of its application.
OMB Control Number: 3060-0214.
OMB Approval Date: October 7, 2020.
OMB Expiration Date: October 31, 2023.
Title: Sections 73.3526 and 73.3527, Local Public Inspection Files;
Sections 73.1212, 76.1701 and 73.1943, Political Files.
Form Number: N/A.
Respondents: Business or other for profit entities; Not for profit
institutions; State, Local or Tribal government; Individuals or
households.
Number of Respondents and Responses: 23,984 respondents; 62,839
responses.
Estimated Time per Response: 1-52 hours.
Frequency of Response: On occasion reporting requirement,
Recordkeeping requirement, Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for these collections is contained in Sections 151,
152, 154(i), 303, 307 and 308 of the Communications Act of 1934, as
amended.
Total Annual Burden: 2,043,805 hours.
Total Annual Cost: None.
Privacy Impact Assessment: The Commission prepared a system of
records notice (SORN), FCC/MB-2, ``Broadcast Station Public Inspection
Files,'' that covers the PII contained in the broadcast station public
inspection files located on the Commission's website. The Commission
will revise appropriate privacy requirements as necessary to include
any entities and information added to the online public file in this
proceeding.
Nature and Extent of Confidentiality: Most of the documents
comprising the public file consist of materials that are not of a
confidential nature. Respondents complying with the information
collection requirements may request that the information they submit be
withheld from disclosure. If confidentiality is requested, such
requests will be processed in accordance with the Commission's rules,
47 CFR 0.459.
In addition, the Commission has adopted provisions that permit
respondents subject to the information collection requirement for
Shared Service Agreements to redact confidential or proprietary
information from their disclosures.
[[Page 68480]]
Needs and Uses: On May 12, 2020, the Commission adopted Amendment
of Section 73.3580 of the Commission's Rules Regarding Public Notice of
the Filing of Applications; Modernization of Media Regulation
Initiative; Revision of the Public Notice Requirements of Section
73.3580, Second Report and Order, MB Docket Nos. 17-254, 17-105, & 05-
6, FCC 20-65 (rel. May 13, 2020). The Commission adopted new,
streamlined procedures for stations to provide public notice of the
filing of certain applications. Stations, including stations filing for
new construction permits or major modifications to facilities, that
were previously required to post public notice in a local newspaper,
must now post notice online, either on the station website or a website
affiliated with the station, its licensee, or its parent entity, or
else must post notice on a publicly accessible, locally targeted
website, for 30 continuous days following acceptance of the application
for filing. Stations that are required to make on-air announcements of
the filing of certain applications, must continue to do so, but the
announcements are shorter and direct viewers and listeners to the
application as filed and displayed in either the station's Online
Public Inspection File or another Commission database. A total of six
on-air announcements are required, at least one per week and no more
than one per day or two per week, to be broadcast between 7:00 a.m. and
11:00 p.m. local time, Monday through Friday, beginning after the
application is accepted for filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The modified
information collection requirements, revising rules 47 CFR
73.3526(e)(13) and 47 CFR 73.3527(e)(10) covering local public notice
announcements, are as follows:
47 CFR 73.3526(e)(13)--Local public notice announcements. Each
applicant for renewal of license shall, within 7 days of the last day
of broadcast of the local public notice of filing announcements
required pursuant to Sec. 73.3580(c)(3), place in the station's online
public inspection file a statement certifying compliance with this
requirement. The dates and times that the on-air announcements were
broadcast shall be made part of the certifying statement. The
certifying statement shall be retained in the public file for the
period specified in Sec. 73.3580(e)(2) (for as long as the application
to which it refers).
47 CFR 73.3527(e)(10)--Local public notice announcements. Each
applicant for renewal of license shall, within 7 days of the last day
of broadcast of the local public notice of filing announcements
required pursuant to Sec. 73.3580(c)(3), place in the station's online
public inspection file a statement certifying compliance with this
requirement. The dates and times that the on-air announcements were
broadcast shall be made part of the certifying statement. The
certifying statement shall be retained in the public file for the
period specified in Sec. 73.3580(e)(2) (for as long as the application
to which it refers).
OMB Control Number: 3060-0405.
OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31, 2023.
Title: Form 2100, Schedule 349--FM Translator or FM Booster Station
Construction Permit Application.
Form Number: FCC Form 2100, Schedule 349.
Respondents: Business or other for-profit entities; State, Local or
Tribal Government; Not-for-profit institutions.
Number of Respondents and Responses: 1,250 respondents; 3,750
responses.
Estimated Time per Response: 0.5 hours-1.5 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Sections 154(i), 303 and 308 of the Communications Act of 1934, as
amended.
Total Annual Burden: 4,050 hours.
Total Annual Cost: $4,447,539.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this information collection.
Needs and Uses: On May 12, 2020, the Commission adopted Amendment
of Section 73.3580 of the Commission's Rules Regarding Public Notice of
the Filing of Applications; Modernization of Media Regulation
Initiative; Revision of the Public Notice Requirements of Section
73.3580, Second Report and Order, MB Docket Nos. 17-254, 17-105, & 05-
6, FCC 20-65 (rel. May 13, 2020). The Commission adopted new,
streamlined procedures for stations to provide public notice of the
filing of certain applications. Stations, including stations filing for
new construction permits or major modifications to facilities, that
were previously required to post public notice in a local newspaper,
must now post notice online, either on the station website or a website
affiliated with the station, its licensee, or its parent entity, or
else must post notice on a publicly accessible, locally targeted
website, for 30 continuous days following acceptance of the application
for filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order, do not necessitate
changes to the Schedule 349, nor do they affect the substance, burden
hours, or costs of completing the forms. The rule changes do, however,
reduce burdens and costs associated with filing the application.
In April 2020, the Commission adopted a Report and Order making
certain changes to the LPFM technical rules, to improve reception and
increase flexibility while maintaining interference protection and the
core LPFM goals of diversity and localism. Amendments of Parts 73 and
74 to Improve the Low Power FM Radio Service Technical Rules;
Modernization of Media Regulation Initiative, Report and Order, MB
Docket Nos. 19-193, 17-105, FCC 20-53 (rel. Apr. 23, 2020) (2020
Technical Report and Order).
LPFM stations provide a secondary, noncommercial radio service with
a community focus. The Commission originally designed LPFM engineering
requirements to be simple so that non-profit organizations with limited
engineering expertise and small budgets could readily apply for,
construct, and operate community-oriented stations serving highly
localized areas. LPFM organizations suggested that the service has
matured and requires additional engineering options to improve
reception. Thus, the 2020 Technical Report and Order adopted the
following rules: Allow expanded LPFM use of directional antennas. All
LPFM stations may use directional facilities, with either off-the-shelf
or composite antennas, upon a satisfactory engineering showing. Such
antennas could improve service near international borders by allowing
LPFM stations to serve more listeners in the United States while
continuing to protect Mexican and Canadian stations.
Redefine ``Minor Changes'' for LPFM stations. An LPFM station may
apply for approval to relocate its transmitter site without awaiting a
filing window if the change is ``minor,'' redefined in the 2020
Technical Report and Order as a
[[Page 68481]]
move of 11.2 kilometers or less. The 2020 Technical Report and Order
also allowed proposals of greater distances to qualify as minor if the
existing and proposed service contours overlap.
Permit LPFM Use of FM Booster Stations. FM booster stations amplify
and retransmit a station's signal. The 2020 Technical Report and Order
amended rules that had prohibited LPFM stations from operating booster
stations, allowing LPFM stations to operate an FM booster in lieu of an
FM translator when a booster would better address unique terrain
challenges.
Allow Shared Emergency Alert System (EAS) Equipment. Co-owned, co-
located radio stations can share EAS equipment, but this option was not
available to LPFM stations because they cannot be co-owned. The 2020
Technical Report and Order permitted co-located LPFM stations
(particularly those in time-share arrangements) to share an EAS decoder
pursuant to an agreement for common access as well as common
responsibility for any EAS rule violations, thus potentially reducing
costs.
Facilitate Waivers of Requirement to Protect Television Stations
Operating on Channel 6. Stations on the part of the FM band reserved
for NCE use must currently protect adjacent television stations on
Channel 6 (TV6). The 2020 Technical Report and Order deferred to a
future proceeding consideration of a proposal to eliminate the
protection of digital television stations operating on TV6. The 2020
Technical Report and Order stated that until such a proceeding is
resolved, the Commission will accept FM proposals that are short-spaced
to TV6 if the FM applicant demonstrates no interference. Alternatively,
the 2020 Technical Report and Order added language to the rules
allowing reserved band radio stations to provide an agreement
indicating the concurrence of all potentially affected digital TV6
stations.
Miscellaneous Changes. The 2020 Technical Report and Order added
language to 47 CFR 73.850 requiring LPFM stations to notify the
Commission if they are silent for ten days and to seek authority for
silent periods over 30 days, as required for all other broadcasters,
thus codifying a longstanding policy that the Bureau already applies to
the LPFM service that allows it to identify and assist LPFM stations at
risk of losing their licenses automatically under section 312(g) of the
Communications Act.
Specifically, pertaining to this Information Collection and FM
Booster (and LPFM) stations, the Commission is revising the form, the
corresponding instructions, and the information collection as follows:
(1) Permitting LPFM licensees to own and operate FM Booster
stations. The 2020 Technical Report and Order will increase the number
of applicants eligible to file LMS Schedule 349 by eliminating the
absolute prohibition on the cross-ownership of FM Booster stations by
LPFM licenses. The overall number of respondents may increase because
these rule changes expand the universe of applicants eligible to apply
for an FM Booster station construction permit. Therefore, this
submission was made to OMB for approval of revised Information
Collection requirements.
OMB Control Number: 3060-0920.
OMB Approval Date: October 2, 2020.
OMB Expiration Date: October 31, 2023.
Title: Form 2100, Schedule 318--Low Power FM Station Construction
Permit Application; Report and Order in MM Docket No. 99-25 Creation of
Low Power Radio Service; Sections 73.801, 73.807, 73.809, 73.810,
73.816, 73.827, 73.850, 73.865, 73.870, 73.871, 73.872, 73.877, 73.878,
73.318, 73.1030, 73.1207, 73.1212, 73.1300, 73.1350, 73.1610, 73.1620,
73.1750, 73.1943, 73.3525, 73.3550, 73.3598, 11.61(ii).
Form No.: Form 2100, Schedule 318.
Respondents: Not-for-profit institutions; State, local or Tribal
governments.
Number of Respondents and Responses: 24,606 respondents with
multiple responses; 31,324 responses.
Estimated Time per Response: .0025-12 hours.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Monthly reporting requirement; Third party
disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
sections 154(i), 303, 308 and 325(a) of the Communications Act of 1934,
as amended.
Total Annual Burden: 52,889 hours.
Total Annual Costs: $1,229,370.
Privacy Act Impact Assessment: This information collection does not
affect individuals or households; thus, there are no impacts under the
Privacy Act.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this information collection.
Needs and Uses: This submission was made to the Office of
Management (OMB) for the approval of information collection
requirements contained in the Commission's Reexamination of the
Comparative Standards and Procedures for Licensing Noncommercial
Educational Broadcast Stations and Low Power FM Stations, Report and
Order, FCC 19-127, 34 FCC Rcd 12519 (2019) (NCE LPFM Report and Order),
adopted December 10, 2019, and released on December 11, 2019, where the
Commission revised its rules and procedures for considering competing
applications for new and major modifications to noncommercial
educational full-service FM and full-power television (NCE), and low
power FM (LPFM) broadcast stations. The changes are designed to improve
the comparative selection and licensing procedures, expedite the
initiation of new service to the public, eliminate unnecessary
applicant burdens, and reduce the number of appeals of NCE comparative
licensing decisions.
First, to improve the NCE comparative process, the NCE LPFM Report
and Order: (1) Eliminates the governing document requirements for
established local applicants and applicants claiming diversity points;
(2) establishes a uniform divestiture pledge policy; (3) expands the
tie-breaker criteria and revises the procedures for allocating time in
mandatory time-sharing situations; and (4) clarifies and modifies the
``holding period'' rule.
Second, the NCE LPFM Report and Order adopts the following changes
to the LPFM comparative process: (1) Prohibits amendments that attempt
to cure past unauthorized station violations; (2) authorizes time-
sharing discussions prior to tentative selectee designations; and (3)
establishes procedures for remaining tentative selectees following
dismissal of point aggregation time-share agreements.
Third, the NCE LPFM Report and Order adopts the following general
changes: (1) Defines which applicant board changes are major changes;
(2) clarifies the reasonable site assurance requirements; (3)
streamlines construction deadline tolling procedures and notification
requirements; (4) lengthens the LPFM construction period; and (5)
eliminates restrictions on the assignment and transfer of LPFM
authorizations.
Specifically, pertaining to this Information Collection and LPFM
stations, the Commission is revising the relevant rules, 47 CFR 73.872,
the form, and corresponding instructions, as follows:
(1) Adding a Reasonable Site Assurance Certification in the
Technical Certifications Section of the form, requiring the applicant
to certify that it has obtained reasonable assurance from the tower
owner or authorized representative, that its specified site will
[[Page 68482]]
be available. The revisions to the relevant rules, and the changes to
the questions in Schedule 318 listed above affect the substance, burden
hours, and costs of completing the Schedule 318. Therefore, this
submission was made to OMB for approval of revised Information
Collection requirements. On May 12, 2020, the Commission adopted
Amendment of Section 73.3580 of the Commission's Rules Regarding Public
Notice of the Filing of Applications; Modernization of Media Regulation
Initiative; Revision of the Public Notice Requirements of Section
73.3580, Second Report and Order, MB Docket Nos. 17-254, 17-105, & 05-
6, FCC 20-65 (rel. May 13, 2020). The Commission adopted new,
streamlined procedures for stations to provide public notice of the
filing of certain applications. Stations, including stations filing for
new construction permits or major modifications to facilities, that
were previously required to post public notice in a local newspaper,
must now post notice online, either on the station website or a website
affiliated with the station, its licensee, or its parent entity, or
else must post notice on a publicly accessible, locally targeted
website, for 30 continuous days following acceptance of the application
for filing. Stations that are required to make on-air announcements of
the filing of certain applications, must continue to do so, but the
announcements are shorter and direct viewers and listeners to the
application as filed and displayed in either the station's Online
Public Inspection File or another Commission database. A total of six
on-air announcements are required, at least one per week and no more
than one per day or two per week, to be broadcast between 7:00 a.m. and
11:00 p.m. local time, Monday through Friday, beginning after the
application is accepted for filing. The Commission also clarified LPFM
stations' obligations to provide local public notice, and amended
section 73.801 of the rules (47 CFR 73.801, listing FCC rules that
apply to the LPFM service) to include the local public notice rule, 47
CFR 73.3580.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order, do not necessitate
changes to the Schedule 318, nor do they affect the substance, burden
hours, or costs of completing the forms. The rule changes do, however,
reduce burdens and costs associated with filing the application.
In April 2020, the Commission adopted a Report and Order making
certain changes to the LPFM technical rules, to improve reception and
increase flexibility while maintaining interference protection and the
core LPFM goals of diversity and localism. Amendments of Parts 73 and
74 to Improve the Low Power FM Radio Service Technical Rules;
Modernization of Media Regulation Initiative, Report and Order, MB
Docket Nos. 19-193, 17-105, FCC 20-53 (rel. Apr. 23, 2020)(2020
Technical Report and Order).
LPFM stations provide a secondary, noncommercial radio service with
a community focus. The Commission originally designed LPFM engineering
requirements to be simple so that non-profit organizations with limited
engineering expertise and small budgets could readily apply for,
construct, and operate community-oriented stations serving highly
localized areas. LPFM organizations suggested that the service has
matured and requires additional engineering options to improve
reception. Thus, the 2020 Technical Report and Order adopted the
following rules: Allow expanded LPFM use of directional antennas. All
LPFM stations may use directional facilities, with either off-the-shelf
or composite antennas, upon a satisfactory engineering showing. Such
antennas could improve service near international borders by allowing
LPFM stations to serve more listeners in the United States while
continuing to protect Mexican and Canadian stations.
Redefine ``Minor Changes'' for LPFM stations. An LPFM station may
apply for approval to relocate its transmitter site without awaiting a
filing window if the change is ``minor,'' redefined in the 2020
Technical Report and Order as a move of 11.2 kilometers or less. The
2020 Technical Report and Order also allowed proposals of greater
distances to qualify as minor if the existing and proposed service
contours overlap.
Permit LPFM Use of FM Booster Stations. FM booster stations amplify
and retransmit a station's signal. The 2020 Technical Report and Order
amended rules that had prohibited LPFM stations from operating booster
stations, allowing LPFM stations to operate an FM booster in lieu of an
FM translator when a booster would better address unique terrain
challenges.
Allow Shared Emergency Alert System (EAS) Equipment. Co-owned, co-
located radio stations can share EAS equipment, but this option was not
available to LPFM stations because they cannot be co-owned. The 2020
Technical Report and Order permitted co-located LPFM stations
(particularly those in time-share arrangements) to share an EAS decoder
pursuant to an agreement for common access as well as common
responsibility for any EAS rule violations, thus potentially reducing
costs.
Facilitate Waivers of Requirement to Protect Television Stations
Operating on Channel 6. Stations on the part of the FM band reserved
for NCE use must currently protect adjacent television stations on
Channel 6 (TV6). The 2020 Technical Report and Order deferred to a
future proceeding consideration of a proposal to eliminate the
protection of digital television stations operating on TV6. The 2020
Technical Report and Order stated that until such a proceeding is
resolved, the Commission will accept FM proposals that are short-spaced
to TV6 if the FM applicant demonstrates no interference. Alternatively,
the 2020 Technical Report and Order added language to the rules
allowing reserved band radio stations to provide an agreement
indicating the concurrence of all potentially affected digital TV6
stations.
Miscellaneous Changes. The 2020 Technical Report and Order added
language to 47 CFR 73.850 requiring LPFM stations to notify the
Commission if they are silent for ten days and to seek authority for
silent periods over 30 days, as required for all other broadcasters,
thus codifying a longstanding policy that the Bureau already applies to
the LPFM service that allows it to identify and assist LPFM stations at
risk of losing their licenses automatically under section 312(g) of the
Communications Act. The 2020 Technical Report and Order also made
several non-substantive changes to remove duplicative and out-of-date
information.
Specifically, pertaining to this Information Collection and LPFM
stations, the Commission is revising the relevant rules, 47 CFR 73.816,
73.850, and 73.870, the form, and corresponding instructions, as
follows:
(1) Adding an Antenna Type question in the Technical Certifications
Section of the form, requiring the applicant to describe the proposed
antenna type (directional or non-directional). Applicants proposing a
directional antenna (as now permitted by section 73.816) must complete
a data table, providing relative field values for every 10 degrees on
the unit circle.
(2) Modifying section 73.850 to clarify that LPFM stations must,
like other broadcast stations, notify the
[[Page 68483]]
Commission if they temporarily stop broadcasting. The rules require
radio stations to notify the Commission within 10 days of temporarily
discontinuing operations and to obtain Commission authorization if the
discontinued operations last beyond 30 days.
(3) Redefining the types of LPFM facility changes that qualify as
``minor'' (in section 73.870), to provide additional flexibility for
LPFM stations to relocate their facilities.
The revisions to the relevant rules, and the changes to the
questions in Schedule 318 listed above affect the substance, burden
hours, and costs of completing the Schedule 318. Therefore, this
submission was made to OMB for approval of revised Information
Collection requirements.
OMB Control No.: 3060-0932.
OMB Approval Date: October 7, 2020.
OMB Expiration Date: October 31, 2023.
Title: FCC Form 2100, Application for Media Bureau Audio and Video
Service Authorization, Schedule E (Former FCC Form 301-CA); 47 CFR
Sections 73.3700(b)(1)(i)-(v) and (vii), (b)(2)(i) and (ii); 47 CFR
Section 73.6028; 47 CFR Section 74.793(d).
Form No.: FCC Form 2100, Schedule E (Application for Media Bureau
Audio and Video Service Authorization) (Former FCC Form 301-CA).
Respondents: Business or other for-profit entities; Not for profit
institutions; State, Local or Tribal Government.
Number of Respondents and Responses: 745 respondents and 745
responses.
Estimated Time per Response: 2.25 hours-6 hours.
Frequency of Response: One-time reporting requirement; On occasion
reporting requirement; Third party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in 47 U.S.C. 151,
154(i), 157 and 309(j) as amended; Middle Class Tax Relief and Job
Creation Act of 2012, Public Law 112-96, 6402 (codified at 47 U.S.C.
309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012)
(Spectrum Act) and the Community Broadcasters Protection Act of 1999.
Total Annual Burden: 6,146 hours.
Annual Cost Burden: $4,334,902.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: FCC Form 2100, Schedule E (formerly FCC Form 301-
CA) is to be used in all cases by a Class A television station licensee
seeking to make changes in the authorized facilities of such station.
FCC Form 2100, Schedule E requires applicants to certify compliance
with certain statutory and regulatory requirements. Detailed
instructions on the FCC Form 2100, Schedule E provide additional
information regarding Commission rules and policies. FCC Form 2100,
Schedule E is presented primarily in a ``Yes/No'' certification format.
However, it contains appropriate places for submitting explanations and
exhibits where necessary or appropriate. Each certification constitutes
a material representation. Applicants may only mark the ``Yes''
certification when they are certain that the response is correct. A
``No'' response is required if the applicant is requesting a waiver of
a pertinent rule and/or policy, or where the applicant is uncertain
that the application fully satisfies the pertinent rule and/or policy.
FCC Form 2100, Schedule E filings made to implement post-auction
channel changes will be considered minor change applications.
Class A applications for a major change are subject to third party
disclosure requirement of Section 73.3580, which requires local public
notice that the application has been accepted for filing. Notice is
given by an applicant posting notice of the application filing on its
station website, its licensee website, its parent entity website, or on
a publicly accessible, locally targeted website, for 30 consecutive
days beginning within five business days of acceptance of the
application for filing. The online notice must link to a copy of the
application as filed in the Commission's LMS licensing database.
On May 12, 2020, the Commission adopted Amendment of Section
73.3580 of the Commission's Rules Regarding Public Notice of the Filing
of Applications; Modernization of Media Regulation Initiative; Revision
of the Public Notice Requirements of Section 73.3580, Second Report and
Order, MB Docket Nos. 17-254, 17-105, & 05-6, FCC 20-65 (rel. May 13,
2020). The Commission adopted new, streamlined procedures for stations
to provide public notice of the filing of certain applications.
Stations, including Class A television stations filing for new
construction permits or major modifications to facilities, that were
previously required to post public notice in a local newspaper, must
now post notice online, either on the station website or a website
affiliated with the station, its licensee, or its parent entity, or
else must post notice on a publicly accessible, locally targeted
website, for 30 continuous days following acceptance of the application
for filing.
This submission was made to OMB for approval of the modified third-
party disclosure requirements for this Information Collection, as
adopted in the 2020 Public Notice Second Report and Order. The changes
pertaining to this Information Collection and to 47 CFR 73.3580 adopted
in the 2020 Public Notice Second Report and Order do not necessitate
changes to the Form 2100, Schedule E, nor do they affect the substance,
burden hours, or costs of completing the forms. The rule changes do,
however, reduce burdens and costs associated with filing the
application.
OMB Control Number: 3060-1133.
OMB Approval Date: October 7, 2020.
OMB Expiration Date: October 31, 2023.
Title: Application for Permit to Deliver Programs to Foreign
Broadcast Stations (FCC Form 308); 47 CFR Sections 73.3545 and 73.3580.
Form No.: FCC Form 308.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 26 respondents; 48 responses.
Estimated Time per Response: 0.5 hours-2 hours.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Section 325(c)
of the Communications Act of 1934, as amended.
Total Annual Burden: 40 hours.
Annual Cost Burden: $18,642.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: In general, there is no need
for confidentiality with this collection of information.
Needs and Uses: On May 12, 2020, the Commission adopted Amendment
of Section 73.3580 of the Commission's Rules Regarding Public Notice of
the Filing of Applications; Modernization of Media Regulation
Initiative; Revision of the Public Notice Requirements of Section
73.3580, Second Report and Order, MB Docket Nos. 17-254, 17-105, & 05-
6, FCC 20-65 (rel. May 13, 2020). The Commission adopted new,
streamlined procedures for stations to provide public notice of the
filing of certain applications. Stations, including stations filing FCC
Form 308, that were previously required to post public notice in a
local newspaper, must now post notice online, either on the station
website or a website affiliated with the station, its licensee, or its
parent entity, or else must post notice on a publicly accessible,
locally targeted website, for
[[Page 68484]]
30 continuous days following acceptance of the application for filing.
This was made to OMB for approval of the modified third-party
disclosure requirements for this Information Collection, as adopted in
the 2020 Public Notice Second Report and Order. The changes pertaining
to this Information Collection and to 47 CFR 73.3580 adopted in the
2020 Public Notice
Second Report and Order do not necessitate changes to FCC Form 308,
nor do they affect the substance, burden hours, or costs of completing
the forms. The rule changes do, however, reduce burdens and costs
associated with filing the application.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020-23441 Filed 10-28-20; 8:45 am]
BILLING CODE 6712-01-P
