Title: Application for TV Broadcast Station License, Form FCC 302‑TV; Application for DTV Broadcast Station License, FCC Form 302-DTV, Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station, FCC Form 340; Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, FCC Form 349
This supporting statement duplicates the supporting statement submitted for public comment at the NPRM submission stage in Summer 2007. At the time of the submittal of this emergency PRA approval request all of the information in the supporting statement remains the most current the Commission can offer and is not expected to change in any way at the final Report and Order stage. When the final Report and Order is adopted and released it will be attached to this emergency submittal.
A. Justification:
1. FCC Form 302-TV is used by licensees and permittees1 of TV broadcast stations to obtain a new or modified station license and/or to notify the Commission of certain changes in the licensed facilities of these stations.
Form 302-DTV is used by licensees and permittees of Digital TV (“DTV”) broadcast stations to obtain a new or modified station license and/or to notify the Commission of certain changes in the licensed facilities of those stations. It may be used: (1) To cover an authorized construction permit (or auxiliary antenna), provided that the facilities have been constructed in compliance with the provisions and conditions specified on the construction permit; or (2) To implement modifications to existing licenses as permitted by 47 C.F.R. Sections 73.1675(c) or 73.1690(c).
FCC Form 340 is used by licensees and permittees to apply for authority to construct a new noncommercial educational (“NCE”)2 FM, TV, and DTV broadcast station, or to make changes in the existing facilities of such a station. The FCC Form 340 is only used if the station will operate on a channel that is reserved exclusively for noncommercial educational use, or in the situation where applications for NCE stations on non-reserved channels3 are mutually exclusive4 only with one another.
For existing authorized analog stations to receive authorization for commencement of DTV operation, noncommercial educational broadcast licensees operating on a reserved channel must file FCC Form 340 for a construction permit. This application may be filed anytime after receiving the initial DTV channel allotment,5 but must be filed before the mid-point in a particular applicant's required construction period. The Commission will consider these applications as minor changes in facilities. Applicants do not have to supply full legal or financial qualification information. In addition, applicants for a newly allotted DTV channel reserved for noncommercial educational use(s) must also file the FCC Form 340. This form also includes the third party disclosure requirement of 47 CFR Section 73.3580. This section requires local public notice in a newspaper of general circulation of all application filings for new or major change in facilities. This notice must be completed within 30 days of the tendering of the application. This notice must be published at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be placed in the public inspection file along with the application.
FCC Form 349 is used to apply for authority to construct a new FM translator or FM booster broadcast station, or to make changes in the existing facilities of such stations. This form also includes the third party disclosure requirement of 47 CFR Section 73.3580. Section 73.3580 requires local public notice in a newspaper of general circulation of all application filings for new or major change in facilities. This notice must be completed within 30 days of the tendering of the application. This notice must be published at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be placed in the public inspection file along with the application.
REVISED INFORMATION COLLECTION REQUIREMENTS:
Congress has mandated that after February 17, 2009, full-power television broadcast stations must transmit only in digital signals, and may no longer transmit analog signals.6 On April 25, 2007, the Commission adopted a Notice of Proposed Rulemaking (“NPRM”) 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, to consider the procedures and rule changes necessary to complete the nation’s transition to DTV, including how best to ensure that
broadcasters complete construction of their facilities7 on their final, post-transition (digital) channel8 by the statutory deadline.
FCC Form 340
The NPRM proposes that NCE television stations must use the proposed revised FCC Form 340 when:
Applying for authority to construct or modify post-transition facilities. For example, NCE stations that will not be using their currently authorized DTV channel for post-transition operations will need to apply for authority to construct a new facility on their post-transition channel. In addition, NCE stations that do not have an authorization for their intended operations will need to apply to change their facilities.
Requesting to reduce analog TV service.
Requesting to transition early to their post-transition channel.
FCC Form 340 is being revised to accommodate the filing of applications to construct or modify post-transition facilities. (The FCC is requesting OMB approval for the collection of information and the form revisions).
Form 302-DTV
The NPRM proposes that stations that have applied to construct or modify post-transition facilities must use the Form 302-DTV to obtain a new or modified station license to cover those post-transition facilities. FCC Form 340 is not being revised. (This new proposed universe of filers is being added to this information collection and OMB approval is needed).
In addition, the Commission is consolidating information collection OMB Control Number 3060-0837 (Application for DTV Broadcast Station License, FCC 302-DTV9) into this collection OMB Control Number 3060-0029. The Commission will submit an 83-D Form to discontinue information collection 3060-0837 once we receive OMB approval for this information collection (3060-0029) which is being revised. (The Commission is also requesting OMB approval for the consolidation of OMB control number 3060-0837 into this information collection 3060-0029).
Other
FCC Forms 302-TV, 302-DTV and 349 remain unchanged.
History:
On April 4, 2000, the Commission adopted a Report and Order, In the Matter of Reexamination of the Comparative Standards for Noncommercial Educational Applicants, MM Docket No. 95-31. This Report and Order adopted new procedures to select among competing applicants for noncommercial educational (NCE) broadcast channels. Among other things, this Report and Order instituted a point system to compare objective characteristics whenever there are competing applications for NCE stations. FCC Forms 340 and 349 were revised to incorporate these newly adopted procedures.
Most applicants who had filed mutually exclusive NCE proposals for the reserved band were required to supplement or settle their proposals by 2001. A small number of these applicants remain, who were never subject to this requirement. These applicants are required to supplement their FCC Form 340 and 349 applications.
On October 22, 1998, the Commission adopted Report and Orders, MM Docket Nos. 98-43 (1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes) and 94-149 (Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities), FCC 98-281. Among other things, these Report and Orders substantially revised FCC Forms 302-TV and 340 to facilitate electronic filing by replacing narrative exhibits with the use of certifications and an engineering technical box. The Commission also deleted and narrowed overly burdensome questions.
As noted on the OMB Form 83-I, this information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.
Statutory authority for this collection of information is contained in Sections 154(i), 303 and 308 of the Communications Act of 1934, as amended.
2. FCC Form 302-TV - the data is used by FCC staff to confirm that the station has been built to terms specified in the outstanding construction permit and to update FCC station files. Data is then extracted from FCC 302-TV for inclusion in the subsequent license to operate the station. The Commission reviews these “one-step” applications to ensure that the minor changes made by the station will not have any significant impact on other stations and the public.
FCC Form 302-DTV - the data is used by FCC staff to confirm that the station has been built to terms specified in the outstanding construction permit, and to update FCC station files. Data is then extracted from FCC 302-DTV for inclusion in the subsequent license to operate the station. Modification of license applications filed pursuant to Section 73.1675 or 73.1690 will be reviewed to ensure that the minor changes made by the station will not have any significant impact on other stations and the public.
FCC Form 340 - the data is used by FCC staff to determine whether the applicant meets basic statutory requirements to become a Commission licensee and to ensure that the public interest would be served by grant of the application. In the case of mutually exclusive qualified applicants, the information will be used to determine which proposal would best serve the public interest.
FCC Form 349 - the data is used by FCC staff to ensure that the applicant meets basic statutory requirements and will not cause interference to other licensed broadcast services. In the case of mutually exclusive qualified applicants, the information will be used to determine which proposal would best serve the public interest.
3. These forms are required to be filed electronically. Paper versions of these forms are accepted only if accompanied by an appropriate request for waiver of the electronic filing requirement. Waivers are not routinely granted, and filers should plead with particularity the facts and circumstances warranting grant of a waiver.
4. This agency does not impose a similar information collection on the respondents. There are no similar data available.
5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents. The Commission has limited the information requirements to those that are absolutely necessary for evaluating and processing the applications to determine the community having the greater need and to deter possible abuses of the processes.. Therefore, the information collection does not have a significant economic impact on a substantial number of small entities/businesses.
6. The frequency for filing is determined by the respondents, as necessary.
7. This collection of information is consistent with 5 CFR § 1320.5(d)(2).
8. The Commission submitted the Notice of Proposed Rulemaking and Federal Register Notice (“Notice”) to the Federal Register for publication. The Notice will seek public comments on the collection of information contained in this information collection.
9. No payment or gift is provided to the respondents.
10. There is no need for confidentiality.
11. This collection of information does not address any private matters of a sensitive nature.
12. The Commission now estimates the annual paperwork burden for this information collection as follows:
Hourly Annual
Number of Respondent’s Total Annual In-House In-House
Applications Forms Burden Burden Hours Cost Cost
FCC Form 302-TV
Construction Permits 10010 2 hour 200 hours $33.65 $ 6,730.00
100 2 hours11 200hours $33.65 $ 6,730.00
100 2 hours12 200 hours $33.65 $ 6,730.00
Modifications 10013 2 hours 200 hours $33.65 $ 6,730.00
100 2 hours14 200 hours $33.65 $ 6,730.00 100 2 hours15 200 hours $33.65 $ 6,730.00
FCC Form 302-DTV (Revised Burden)
License Applications 1,20016 2 hours 2,400 hours17 $33.65 $ 80,760.0018
Modifications 100 2 hours 200 hours $33.65 $ 6,730.00
FCC Form 340 (Revised Burden)
FM New & Major 1,000 4 hours 4,000 hours $33.65 $134,600.00
FM Minor Change 300 2 hours 600 hours $33.65 $ 20,190.00
TV Minor Change 25 2 hours 50 hours $33.65 $ 1,682.50
DTV 50019 2 hours 1,000 hours20 $33.65 $ 33,650.0021
FCC Form 349
Commercial 70022 1.5 hours 1,050 hours $17.0023 $ 17,850.00
700 1.5 hours 1 ,050 hours $30.0024 $ 31,500.00
Noncommercial 30025 1.0 hours 300 hours $17.0026 $ 5,100.00
300 1.0 hours 300 hours $30.0027 $ 9,000.00
TOTALS: 4,325 12,150 hours $381,442.50
(responses) (Burden) (In-house Cost)
Total Number of Annual Respondents: 4,325 respondents
Total Number of Annual Responses: 4,325 (responses)
Total Annual Burden Hours: 12,150 hours
Total Annual “In-House” Cost: $381,442.50
The annual burden was calculated based on the following data:
FCC Form 302-TV:
We assume that the respondents would complete the general and legal portions of the form. Additionally, we assume that each respondent will contract with a consulting engineer to complete the engineering section of the application and also have a consulting attorney review and file FCC Form 302-TV. We estimate that each respondent will spend approximately 2 hours reviewing the application with the engineering and legal consultants. The respondent will have an average salary of $70,000/year ($33.65/hour).
FCC Form 302-DTV:
We estimate that 1,200 license applications will be filed and processed. We assume that the respondent and station engineer will complete license applications will take a total of 2 hours to complete. We also estimate that 100 modification applications will be filed and processed. The total average burden will be 2 hours for the respondent to consult with an attorney and engineer regarding the modification of license. The respondent and station engineer are estimated to have an average salary of $70,000/year ($33.65/hour).
FCC Form 340:
Respondents would contract with an attorney and a consulting engineer to complete the FCC Form 340. The time spent in consultation with these attorneys and consulting engineers will vary depending upon the application type. We estimate that the respondent would have an average salary of $70,000/year ($33.65/hour).
FCC Form 349:
We estimate that most applicants (respondents) will file FCC Form 349 to make repairs or other miscellaneous changes in the FM translator or FM booster station facility. We assume that the average respondent would use engineers employed at the station ($17/hour), and attorneys employed at the station ($30/hour).
These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.
13. The annual cost burden to the respondents was calculated as follows:
Hourly Annual
Number of Consultant’s Total Annual Consultant’s Cost
Applications Forms Burden Burden Hours Cost Burden
FCC Form 302-TV
Construction Permits 10028 2 hours 200 hours $150 $ 30,000
100 1 hour 100 hours $200 $ 20,000
Modifications 10029 6 hours 600 hours $150 $ 90,000
100 2 hours 200 hours $200 $ 40,000
100 --- --- $250/fee $ 25,000
FCC Form 302-DTV (Revised Cost)
Modifications 100 6 hours 600 hours $150 $ 90,000
100 2 hours 200 hours $200 $ 40,000
License Applications 1200 -- -- $250/fee $300,00030
FCC Form 340 (Revised Cost)
FM New & Major 1,000 67 hours 67,000 hours $150 $10,050,000
1,000 5 hours 5,000 hours $200 $ 1,000,000 1,000 4 publications --- $113.25/fee $ 453,000
FM Minor Change 300 67.5 hours 20,250 hours $150 $3,037,500 300 5 hours 1500 hours $200 $ 300,000
TV Minor Change 25 67.5 hours 1,687.50 hrs. $150 $ 253,125
25 0.5 hours 12.5 hours $200 $ 2,500
DTV 500 34 hours 17,000 hours $150 $2,550,00031 500 1 hour 500 hours $200 $ 100,00032
FCC Form 349
Commercial 700 8 hours 5,600 hours $150 $ 840,000
700 1 hour 700 hours $200 $ 140,000
700 --- --- $625/fee $ 437,500
700 4 publications --- $113.25/fee $ 317,100
Noncommercial 300 12 hours 3,600 hours $150 $ 540,000
300 5.0 hours 1,500 hours $200 $ 300,000
300 4 publications --- $113.25/fee $ 135,900 Total Cost Burden: $21,091,625
The data used to calculate the cost burden is as follows:
FCC Form 302-TV: We assume that the respondent would use a consulting engineer to prepare the engineer portion of this form and have a consulting attorney to review the form for any legal issues and file it with the FCC. This consulting engineer is estimated to have an average salary of $150/hour and the consulting attorney would charge approximately $200/hour. In addition, an applicant must submit a $250.00 application fee with each application for the TV License to cover construction permits. Applications submitted for modifications to an existing license, which can be made without prior FCC approval, are not subject to the application filing fee(s).
FCC Form 302-DTV: We assume that modification applications will be completed by an attorney ($200/hour) and a consulting engineer ($150/hour). It will take the attorney 2 hours to complete each application and the engineer 6 hours to complete each application. In addition, an application fee must be submitted with filing of the license application ($250/application). Applications submitted for modifications to license, which can be made without prior FCC approval, are not subject to filing fees.
FCC Form 340: We assume that the applicant will contract with an attorney ($200/hour) and a consulting engineer ($150/hour) to complete the FCC Form 340. Additionally, a FM or TV applicant must give local public notice of the filing of its application for a new station or for a major change in facilities. This notice must be published in a local newspaper of general circulation at least twice a week for two consecutive weeks in a three-week period. The cost of this publication is estimated to be $113.25/publication.
FCC Form 349: We assume that the average respondent would contract with consulting engineers ($150/hour) and attorneys in a law firm ($200/hour) to complete their applications. A respondent for a commercial station must also submit a fee ($625/application) with the filing of FCC 349. Additionally, an applicant must give local public notice of the filing of its application for construction permit. This notice must be published in a local newspaper of general circulation at least twice a week for two consecutive weeks in a three-week period. The Commission estimates the cost of this publication is estimated to be $113.25 per publication.
14. The total cost to the Federal Government was calculated as follows:
FCC Form 302-TV -
Paraprofessional 3 hours x $30.25/hour x 200 applications = $18,150.00
Clerical 1 hour x $16.50/hour x 200 applications = $ 3,300.00
$21,450.00
FCC Form 302-DTV:
Paraprofessional 1.75 hours x $30.25/hour x 1,300 = $ 68,818.75
Professional 5.25 hours x $50.95/hour x 1,300 = $347,733.75
Clerical 0.50 hours x $16.50/hour x 1,300 = $ 10,725.00
$427,277.50
FCC Form 340 -
FM New and Major Applications:
Clerical 1.5 hours x $16.50/hour x 1,000 = $ 24,750.00
Paraprofessional 7.0 hours x $30.25/hour x 1,000 = $ 211,750.00
Professional 36.9 hours x $50.95/hour x 1,000 = $1,880,055.00
$2,116,555.00
FM Minor Change:
Clerical 2.0 hours x $16.50/hour x 300 = $ 9,900.00
Paraprofessional 6 hours x $30.25/hour x 300 = $ 54,450.00
Professional 25 hours x $50.95/hour x 300= $382,125.00
$446,475.00
TV Minor Change/DTV Applications: 33
Clerical 2 hours x $16.50/hour x 525 = $ 17,325.00
Paraprofessional 6 hours x $30.25/hour x 525 = $ 95,287.50
Professional 16 hours x $50.95/hour x 525 = $427,980.00
$540,592.50
FCC Form 349 -
700 commercial applications x 1 hour x $16.50 = $ 11,550.00
700 commercial applications x 4 hours x $50.95 = $142,660.00
300 noncommercial applications x 1 hour x $16.50 = $ 4,850.00
300 noncommercial applications x 6 hours x $50.95 = $ 91,710.00
$250,770.00
Totals: $21,450.00 + 427,277.50 + $2,116,555.00 + $446,475.00+ $540,592.50 + $250,770.00
= $3,803,120
Total Cost to Federal Government = $3,803,120.00
The following data was used to calculate the total cost to the Federal Government:
*FCC Form 302-TV - The Commission will use paraprofessional and professional staff at the GS-11, step 5 level ($30.25/hour), and clerical staff at the GS-5/Step 5 level ($16.50/hour) to process the FCC 302-TV applications.
*FCC Form 302-DTV - The Commission will use professional staff at the GS-14, step 5 level ($50.95/hour), paraprofessional staff at the GS-11, step 5 level ($30.25/hour), and clerical staff at the GS-5/Step 5 level ($16.50/hour) to process the FCC 302-DTV applications.
*FCC Form 340 - The Commission will use professional staff at the GS-14, step 5 level ($50.95/hour), paraprofessional staff at the GS-11, step 5 level ($30.25/hour) and clerical staff at the GS-5, step 5 level ($16.50/hour) to process these applications.
*FCC Form 349 - The Commission will use professionals at the GS-14, step 5 level ($50.95/hour) and clerical personnel at the GS-5, step 5 level ($16.08/hour) to process these applications.
15. On April 25, 2007, the Commission adopted a Notice of Proposed Rulemaking (NPRM) in the matter of the Commission’s 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 proposes that noncommercial television stations must use the proposed revised FCC Form 340 and also use the unchanged FCC Form 302-DTV to accommodate the filing of post-transition applications. This program change will increase the annual burden by 2,130 hours and the cost burden by $1,447,000 . There is also an adjustment to this information collection due to the consolidation of OMB Control Number 3060-0837 into collection 3060-0029 which will increase the annual burden hours by 1,650 hours and the cost burden by 255,000. The total increase to this information collection is 3,780 burden hours and $1,702,000 cost burden.
16. The Commission does not intend to publish the results of these information collection requirements.
17. The Commission requests an extension of the waiver not to publish the expiration date on FCC Forms 302-TV, 302-DTV, 340 and 349. This waiver will obviate the need to update electronic files upon the expiration of the clearance. OMB approval of the expiration date of the information collection will be displayed at 47 CFR 0.408.
18. There are no exceptions to Item 19 of the Certification Statement.
This information collection does not employ any statistical methods.
1 A “permittee” is a party that has received a construction permit for a broadcast station. Once the permittee has constructed the station facilities according to the construction permit, it will file an application for a broadcast license. When the license application is granted, the permittee becomes a “licensee.”
2 These stations are licensed to nonprofit educational organizations for use in the advancement of educational programs.
3 These channels are not reserved exclusively for noncommercial educational use, and for which commercial entities could be eligible to operate full power stations. Such channels appear without an asterisk designation in the FM Table of Allotments (§73.202) and TV Table of Allotments (§73.606).
4 Mutually exclusive applications are those that either cause or receive prohibited contour overlap with other window-filed applications, thus preventing grant of more than one application.
5 Digital TV refers to any technology that uses digital techniques to provide advanced television services
such as high definition TV (HDTV), multiple standard definition TV (SDTV) and other advanced features and services. The terms "frequency" or "channel" generally refers to the 6 MHz spectrum block currently used to provide a single National Television System Committee (NTSC) television service or to the equivalent 6 MHz spectrum block to be used for DTV services.
6 See Digital Television and Public Safety Act of 2005 (“DTV Act”), which is Title III of the Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) (“DRA”) (codified at 47 U.S.C. §§ 309(j)(14) and 337(e)). DTV Act § 3002(a) amends Section 309(j)(14) of the Communications Act to establish February 17, 2009 as a new hard deadline for the end of analog transmissions by full-power TV stations. 47 U.S.C. § 309(j)(14)(A). DTV Act § 3002(b) directs the Commission to “take such actions as are necessary (1) to terminate all licenses for full-power television stations in the analog television service, and to require the cessation of broadcasting by full-power stations in the analog television service, by February 18, 2009; and (2) to require by February 18, 2009, … all broadcasting by full-power stations in the digital television service, occur only on channels between channels 2 and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive).” 47 U.S.C.A. § 309 Note.
7 A station’s “post transition facilities” refers to the details of each station’s assignment, including technical facilities and predicted service and interference information.
8 A station’s “post-transition channel” is the television channel that it will use for digital broadcasting after the transition deadline (i.e., February 17, 2009). The Commission proposed channel assignments and reference facilities for stations’ post-transition operations in a 2006 Notice of Proposed Rule Making in MB Docket No. 87-268. See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service, MB Docket No. 87-268, Seventh Further Notice of Proposed Rule Making, 21 FCC Rcd 12100 (2006) (“Seventh FNPRM”). The Seventh FNPRM sets forth a channel for each eligible broadcast TV station in the proposed new DTV Table of Allotments, to be codified at 47 C.F.R. § 73.622(i).
9 The form itself will not change with the exception of the form now having OMB Control Number 3060-0029 assigned to it due to the consolidation.
10 These 100 applications represent a total of 100 Construction Permit (CP) applications.
11 The respondent will consult with an engineer for 2 hours to review information on FCC Form 302-TV.
12 The respondent will consult with an attorney for 2 hours to review information on FCC Form 302-TV.
13 These 100 applications represent a total of 100 modifications of license applications.
14 The respondent will consult with an engineer for 2 hours to review information on FCC Form 302-TV.
15 The respondent will consult with an attorney for 2 hours to review information on FCC Form 302-TV.
16 The NPRM, FCC 07-70, adds an additional 700 applications to this information collection.
17 The NPRM, FCC 07-70, adds an additional 1,650 hours to this information collection.
18 The NPRM, FCC 07-70, adds an additional $58,766 in-house cost to this information collection.
19 The NPRM, 07-70, adds an additional 240 applications to this information collection.
20 The NPRM, 07-70, adds an additional 480 hours to this information collection.
21 The NPRM, 07-70, adds an additional $16,152 in house cost burden to this information collection.
22 This number represents a total of 700 commercial applications.
23 This figure represents the hourly salary of the station engineer.
24 This figure represents the hourly salary of the in-house station attorney.
25 This number represents a total of 300 noncommercial applications.
26 This figure represents the hourly salary of the station engineer.
27 This figure represents the hourly salary of the in-house station attorney.
28 These 100 applications represent a total of 100 Construction Permit (CP) applications.
29 These 100 applications represent a total of 100 modifications of license applications.
30 The NPRM, 07-70, will add an additional cost burden of $175,000 to this information collection.
31 The NPRM, 07-70, will add an additional cost burden of $1,224,000 to this information collection.
32 The NPRM, 07-70, adds an additional cost burden of $48,000 to this information collection.
33 These applications include 25 TV Minor Change Applications + 260 DTV Applications = 285 Applications.
| File Type | application/msword |
| Author | Thomas.Nessinger |
| Last Modified By | Karen Wheeless |
| File Modified | 2007-12-21 |
| File Created | 2007-12-21 |