FCC Form 301 is used to apply for authority to construct a new commercial AM, FM, TV, or TV broadcast station or to make changes to the existing facilities. The FCC uses the data to determine whether an applicant meets basic statutory requirements to become a licensee. On June 9, 2005, the Commission adopted a Notice of Proposed Rulemaking (NPRM), Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, MB Docket 05-210 (FCC 05-120). On November 29, 2006 the Comission released a Report and Order (R&O), MB Docket No. 05-210, FCC 06-163, Revision of Procedures Governing Amendments To FCC Table of Allotments and Changes of Community of License in the Radio Broadcast Services. The R&O adopted the information collection requirements as proposed in the NPRM.
The DTV transition associated with this collection affects virtually every segment of the television industry and every American who watches television. Congress has mandated that after February 17, 2009, full-power television broadcast stations must transmit only digital signals and may no longer transmit analog signals. The Commission has no discretion to waive or change this statutory deadline. These information collection requirements are critical to ensure that full-power television broadcast stations meet their statutory responsibilities and can begin operations on their final, post-transition (digital) channels by their construction deadlines. Stations that are not ready to commence digital operations upon expiration of the statutory transition deadline may be forced to go dark, potentially resulting in significant loss of television service to the American public and significant harm to the broadcast TV industry and the U.S. economy. In addition, the DTV transition will enable the recovery of spectrum for critically important public safety needs and new wireless services.
The Commission also notes, in making this emergency approval request, that the public and OMB reviewed this collection at the NPRM stage and that this collection, as adopted, has not been changed since its previous submission at the NPRM stage.
Emergency OMB approval is necessary for this collection to ensure that full power television stations are able to complete their transition from analog to digital service by February 17, 2009. For stations that must apply for a construction permit to build their post-transition facilities, it is essential that the procedures and forms be effective and available for filing no later than January 2, 2008 to afford adequate time for ordering equipment and scheduling construction in time to meet this deadline. Because these forms have previously been submitted to OMB and because any delay can result in harm to television stations, and, in turn, to their viewers, we find that there is good cause to expedite the effective date of this rule and obtain emergency PRA approval from OMB.
US Code:
47 USC 154(i)
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 303
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 308
Name of Law: Communications Act of 1934, as amended
On April 25, 2007, the Commission adopted a Notice of Proposed Rulemaking, In the
Matter of the Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 07-91, FCC 07-70. The NPRM impacts on this information collection by proposing to require that commercial TV stations use proposed revised FCC Form 301 when applying for post-transition facilities, when requesting to reduce analog TV service and when requesting to transition early to their post-transition channel. These proposed requirements add a program change of +1,920 hours to the annual burden hours and +5,884,347 to the annual cost burden.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form FCC Form 301 Application for Construction Permit for Commercial Broadcast Station
emergency letter.3060-0029.doc
Application for Construction Permit for Commercial Broadcast Station