Congress has mandated that after February 17, 2009, full-power televisin broadcast stations must transmit only in digital signals, and may no longer transmit analog signals. On April 25, 2007, the Commission adopted a Notice of Proposed Rulemaking, MB Docket No. 07-91, FCC 07-70 to consider the procedures and rule changes necessary to complete the nation's transition to DTV. As a result of this action, FCC Form 337 must be revised to accommodate stations requesting an extension of time to construct DTV facilities. The Commission is also consolidating information collection 3060-1001 (FCC Form 337) into collection 3060-0407 with this submission. Section 73.3598 requires licensees/permittees to notify the Commission and provide supporting documentation when construction is encumbered due to an act of God or when a construction permit is the subject of administrative or judicial review. The data is used by FCC staff to ensure that legitimate obstacles are preventing construction of broadcast facilities.
The DTV transition this collection is associated with 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 that the public and OMB have had the opportunity to review this collection at the NPRM stage and that this collection, as adopted, has not been changed since their 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.
On April 25, 2007, the Commission adopted a Notice of Proposed Rulemaking
(NPRM), Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital TV, MB Docket No. 07-91, FCC 07-70. The NPRM adds additional burden hours and annual cost bureden to this collection. The Commission also consoidated information collection 3060-1001 into collection 3060-0407. While consolidating the two colections into one, the Commission reevaluated the burden hours and cost burden of both collections. The collections were overestimated in the
Commission's previous submissions. The burdens are accurately accounted for in this submission.
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 337 Application for Extension of Time to Construct a Digital TV Broadcast Station; Section 73.3598, Period of Construction
emergency letter.3060-0407.doc
Application for Extension of Time to Construct a Digital TV Broadcast Station; Section 73.3598, Period of Construction