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. On December 31, 2007, the Commission released a Report and Order, In the Matter of the Third Periodic Review of the CommissionÂs Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 07-91, FCC 07-228. In the Report and Order, the Commission adopted rules to ensure that, by the February 17, 2009 transition date, all full-power television broadcast stations (1) cease analog broadcasting and (2) complete construction of, and begin operations on, their final, full-authorized post-transition (DTV) facility. The Commission recognized that broadcasters may need regulatory flexibility in order to achieve these goals. Accordingly, the Commission authorized theÂDTV Transition-related filings contained in this information collection, which must be made electronically via the FCCÂs Consolidated Database System (ÂCDBSÂ), to permit broadcasters to request and obtain regulatory flexibility from the Commission, if necessary, to meet their DTV construction deadlines.
The DTV transition 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.
Emergency OMB approval is necessary for these collections to ensure that full power television stations are able to (1) cease analog broadcasting, and (2) complete construction of, and begin operations on, their final, DTV facility, by the February 17, 2009 transition deadline. Recognizing that broadcasters may need regulatory flexibility in order to achieve these goals, the Commission adopted rules to permit broadcasters to request and obtain regulatory flexibility from the Commission, if necessary, to meet their DTV construction deadlines. Stations that want to apply for such opportunities for regulatory flexibility must comply with the information collection requirements at issue here. Because any delay can result in harm to television stations that need such flexibility, and, in turn, to their viewers, we find that there is good cause to expedite the effective date of these rules and obtain emergency PRA approval from OMB for these collections.
On December 22, 2007, the Commission adopted a Report and Order, In the Matter of the Third Periodic Review of the CommissionÂs Rules and Policies Affecting the Conversion to Digital Television, MB Docket No. 07-91, FCC 07-228. This program change adds an additional 1,993 hours to the total annual burden hours and an additional $2,972,890 to the annual cost burden due to the transition to DTV. In addition, the Commission is consolidating information collection OMB Control Number 3060-0181 (47 CFR Section 73.1615 Operation during Modification of Facilities) into this collection OMB Control Number 3060-0386 (47 CFR 73.1635, Special Temporary Authorizations (STAs)) which adds an adjustment of an 27 hours to the total annual burden hours and also an added adjustment of $9,000 to the total annual cost.
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.
Supporting Statement OMB 3060-0386 2008 (emergency).doc
Emergency Justification Letter for Viewer Notifications (040808).pdf
Section 73.1635, Special Temporary Authorizations (STAs)