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

Published date08 October 2019
Citation84 FR 53721
Record Number2019-21940
SectionNotices
CourtFederal Communications Commission
Federal Register, Volume 84 Issue 195 (Tuesday, October 8, 2019)
[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
                [Notices]
                [Pages 53721-53723]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-21940]
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                FEDERAL COMMUNICATIONS COMMISSION
                [OMB 3060-0157, 3060-0176 and 3060-0996]
                Information Collections Being Reviewed by the Federal
                Communications Commission Under Delegated Authority
                AGENCY: Federal Communications Commission.
                ACTION: Notice and request for comments.
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                SUMMARY: As part of its continuing effort to reduce paperwork burdens,
                and as required by the Paperwork Reduction Act (PRA) of 1995, the
                Federal Communications Commission (FCC or the Commission) invites the
                general public and other Federal agencies to take this opportunity to
                comment on the following information collection. Comments are requested
                concerning: Whether the proposed collection of information is necessary
                for the proper performance of the functions of the Commission,
                including whether the information shall have practical utility; the
                accuracy of the Commission's burden estimate; ways to enhance the
                quality, utility, and clarity of the information collected; ways to
                minimize the burden of the collection of information on the
                respondents, including the use of automated collection techniques or
                other forms of information technology; and ways to further reduce the
                information collection burden on small business concerns with fewer
                than 25 employees.
                 The FCC may not conduct or sponsor a collection of information
                unless it displays a currently valid control number. No person shall be
                subject to any penalty for failing to comply with a collection of
                information subject to the PRA that does not display a valid Office of
                Management and Budget (OMB) control number.
                DATES: Written PRA comments should be submitted on or before December
                9, 2019. If you anticipate that you will be submitting comments, but
                find it
                [[Page 53722]]
                difficult to do so within the period of time allowed by this notice,
                you should advise the contact listed below as soon as possible.
                ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email
                [email protected] and to [email protected].
                FOR FURTHER INFORMATION CONTACT: For additional information about the
                information collection, contact Cathy Williams at 202-418-2918.
                SUPPLEMENTARY INFORMATION:
                 OMB Control Number: 3060-0157.
                 Title: Section 73.99, Presunrise Service Authorization (PSRA) and
                Postsunset Service Authorization (PSSA).
                 Form Number: Not applicable.
                 Type of Review: Extension of a currently approved collection.
                 Respondents: Business or other for-profit entities.
                 Number of Respondents and Responses: 200 respondents; 200
                responses.
                 Frequency of Response: Annual and on occasion reporting
                requirements.
                 Estimated Time per Response: 0.25 hours.
                 Total Annual Burden: 50 hours.
                 Total Annual Costs: $15,000.
                 Obligation to Respond: Required to obtain or retain benefits. The
                statutory authority for this collection is contained in Section 154(i)
                of the Communications Act of 1934, as amended.
                 Nature and Extent of Confidentiality: There is no need for
                confidentiality with this collection of information.
                 Privacy Impact Assessment(s): No impact(s).
                 Needs and Uses: The information collection requirements contained
                in 47 CFR 73.99(e) requires the licensee of an AM broadcast station
                intending to operate with a presunrise or postsunset service
                authorization to submit by letter to the Commission the licensee's
                name, call letters, location, the intended service, and a description
                of the method whereby any necessary power reduction will be achieved.
                Upon submission of this information, operation may begin without
                further authority. The FCC staff uses the letter to maintain complete
                technical information about the station to ensure that the licensee is
                in full compliance with the Commission's rules and will not cause
                interference to other stations.
                 OMB Control Number: 3060-0176.
                 Title: Section 73.1510, Experimental Authorizations.
                 Form Number: N/A.
                 Type of Review: Extension of a currently approved collection.
                 Respondents: Business and other for-profit entities.
                 Number of Respondents and Responses: 230 respondents; 230
                responses.
                 Estimated Time per Response: 2.25-5.25 hours.
                 Frequency of Response: On occasion reporting requirement.
                 Total Annual Burden: 983 hours.
                 Total Annual Costs: $231,250.
                 Obligation to Respond: Required to obtain or retain benefits. The
                statutory authority for this collection of information is contained in
                Section 154(i) of the Communications Act of 1934, as amended.
                 Nature and Extent of Confidentiality: There is no need for
                confidentiality with this collection of information.
                 Privacy Impact Assessment(s): No impact(s).
                 Needs and Uses: The information collection requirements contained
                in 47 CFR 73.1510 require that a licensee of an AM, FM, and TV
                broadcast station to file an informal application with the FCC to
                request an experimental authorization to conduct technical
                experimentation directed toward improvement of the technical phases of
                operation and service. This request shall describe the nature and
                purpose of experimentation to be conducted, the nature of the
                experimental signal transmission, and the proposed hours and duration
                of the experimentation. The data are used by FCC staff to maintain
                complete technical information about a broadcast station and to ensure
                that such experimentation does not cause interference to other
                broadcast stations.
                 OMB Control Number: 3060-0996.
                 Title: AM Auction Section 307(b) Submissions.
                 Form Number: N/A.
                 Type of Review: Extension of a currently approved collection.
                 Respondents: Business or other for-profit entities; Not-for-profit
                entities; State, local or Tribal governments.
                 Number of Respondents and Responses: 210 respondents; 210
                responses.
                 Estimated Time per Response: 0.5-6 hours.
                 Frequency of Response: On occasion reporting requirement.
                 Obligation to Respond: Required to obtain or retain benefits.
                Statutory authority for the information collection requirements is
                contained in Sections 154(i), 307(b) and 309 of the Communications Act
                of 1934, as amended.
                 Total Annual Burden: 1,029 hours.
                 Total Annual Costs: $2,126,100.
                 Nature and Extent of Confidentiality: There is no need for
                confidentiality with this collection of information.
                 Privacy Impact Assessment: No impact(s).
                 Needs and Uses: On January 28, 2010, the Commission adopted a First
                Report and Order and Further Notice of Proposed Rulemaking (``First
                R&O'') in MB Docket No. 09-52, FCC 10-24. The First R&O adopted changes
                to certain procedures associated with the award of broadcast radio
                construction permits by competitive bidding, including modifications to
                the manner in which it awards preferences to applicants under the
                provisions of Section 307(b). In the First R&O, the Commission added a
                new Section 307(b) priority that would apply only to Native American
                and Alaska Native Tribes, Tribal consortia, and majority Tribal-owned
                entities proposing to serve Tribal lands. As adopted in the First R&O,
                the priority is only available when all of the following conditions are
                met: (1) The applicant is either a Federally recognized Tribe or Tribal
                consortium, or an entity that is 51 percent or more owned or controlled
                by a Tribe or Tribes; (2) at least 50 percent of the area within the
                proposed station's daytime principal community contour is over that
                Tribe's Tribal lands, in addition to meeting all other Commission
                technical standards; (3) the specified community of license is located
                on Tribal lands; and (4) in the commercial AM service, the applicant
                must propose first or second aural reception service or first local
                commercial Tribal-owned transmission service to the proposed community
                of license, which must be located on Tribal lands. Applicants claiming
                Section 307(b) preferences using these factors will submit information
                to substantiate their claims.
                 On March 3, 2011, the Commission adopted a Second Report and Order
                (``Second R&O''), First Order on Reconsideration, and Second Further
                Notice of Proposed Rule Making in MB Docket No. 09-52, FCC 11-28. The
                First Order on Reconsideration modified the initially adopted Tribal
                Priority coverage requirement, by creating an alternate coverage
                standard under criterion (2), enabling Tribes to qualify for the Tribal
                Priority even when their Tribal lands are too small or irregularly
                shaped to comprise 50 percent of a station's signal. In such
                circumstances, Tribes may claim the priority (i) if the proposed
                principal community contour encompasses 50 percent or more of that
                Tribe's Tribal lands, but does not cover more than 50 percent of the
                Tribal lands of a non-applicant Tribe; (ii) serves at least 2,000
                people living on Tribal lands, and (iii) the total population on Tribal
                lands residing within the station's service contour constitutes at
                [[Page 53723]]
                least 50 percent of the total covered population, with provision for
                waivers as necessary to effectuate the goals of the Tribal Priority.
                This modification will now enable Tribes with small or irregularly
                shaped lands to qualify for the Tribal Priority.
                 The modifications to the Commission's allotment and assignment
                policies adopted in the Second R&O included a rebuttable ``Urbanized
                Area service presumption'' under Priority (3), whereby an application
                to locate or relocate a station as the first local transmission service
                at a community located within an Urbanized Area, that would place a
                daytime principal community signal over 50 percent or more of an
                Urbanized Area, or that could be modified to provide such coverage,
                will be presumed to be a proposal to serve the Urbanized Area rather
                than the proposed community. In the case of an AM station, the
                determination of whether a proposed facility ``could be modified'' to
                cover 50 percent or more of an Urbanized Area will be made based on the
                applicant's certification in the Section 307(b) showing that there
                could be no rule-compliant minor modifications to the proposal, based
                on the antenna configuration or site, and spectrum availability as of
                the filing date, that could cause the station to place a principal
                community contour over 50 percent or more of an Urbanized Area. To the
                extent the applicant wishes to rebut the Urbanized Area service
                presumption, the Section 307(b) showing must include a compelling
                showing (a) that the proposed community is truly independent from the
                Urbanized Area; (b) of the community's specific need for an outlet of
                local expression separate from the Urbanized Area; and (c) the ability
                of the proposed station to provide that outlet.
                 In the case of applicants for new AM stations making a showing
                under Priority (4), other public interest matters, an applicant that
                can demonstrate that its proposed station would provide third, fourth,
                or fifth reception service to at least 25 percent of the population in
                the proposed primary service area, where the proposed community of
                license has two or fewer transmission services, may receive a
                dispositive Section 307(b) preference under Priority (4). An applicant
                for a new AM station that cannot demonstrate that it would provide the
                third, fourth, or fifth reception service to the required population at
                a community with two or fewer transmission services may also, under
                Priority (4), calculate a ``service value index'' as set forth in the
                case of Greenup, Kentucky and Athens, Ohio, Report and Order, 2 FCC Rcd
                4319 (MMB 1987). If the applicant can demonstrate a 30 percent or
                greater difference in service value index between its proposal and the
                next highest ranking proposal, it can receive a dispositive Section
                307(b) preference under Priority (4). Except under these circumstances,
                dispositive Section 307(b) preferences will not be granted under
                Priority (4) to applicants for new AM stations. The Commission
                specifically stated that these modified allotment and assignment
                procedures will not apply to pending applications for new AM stations
                and major modifications to AM facilities filed during the 2004 AM
                Auction 84 filing window.
                Federal Communications Commission.
                Marlene Dortch,
                Secretary, Office of the Secretary.
                [FR Doc. 2019-21940 Filed 10-7-19; 8:45 am]
                BILLING CODE 6712-01-P
                

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