supporting statement OMB 3060-0466 (holly's item FCC 07-205) (2)

OMB Control Number: 3060-0466 July 2008

Title: Station Identification Sections, 73.1201, 74.783 and 74.1283

SUPPORTING STATEMENT

A. Justification:

Revised Information Collection Requirements:

On November 27, 2007, the Commission adopted a Report and Order in MM Docket 00-168, FCC 07-205, In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations. The Report and Order requires that twice daily, the station identification for television stations must include a notice of the existence, location and accessibility of the station’s public file pursuant to 47 CFR 73.1201(b)(3). The notice must state that the station’s public file is available for inspection and that consumers can view it at the station’s main studio and on its website. At least one of the announcements must occur between the hours of 6 p.m. and midnight. (This is a new information collection requirement which requires OMB approval).

Information collection requirements that were approved by OMB and have not changed since the previous approval:

47 CFR Section 73.1201(a) requires television broadcast licensees to make broadcast station identification announcements at the beginning and ending of each time of operation, and hourly, as close to the hour as feasible, at a natural break in program offerings. Television and Class A television broadcast stations¹ may make these announcements visually or aurally.

47 CFR Section 73.1201(b)(1) requires that the official station identification consist of the station's call letters immediately followed by the community or communities specified in its license as the station's location. The name of the licensee, the station's frequency, the station's channel number, as stated on the station's license, and/or the station's network affiliation may be inserted between the call letters and station location. Digital Television (DTV) stations, or Digital Audio Broadcasting (DAB) Stations, choosing to include the station's channel number in the station identification must use the station's major channel number and may distinguish multicast program streams. For example, a DTV station with major channel number 26 may use 26.1 to identify a High Definition Television (HDTV) program service and 26.2 to identify a Standard Definition Television (SDTV) program service. A radio station operating in DAB hybrid mode or extended hybrid mode shall identify its digital signal, including any free multicast audio programming streams, in a manner that appropriately alerts its audience to the fact that it is listening to a digital audio broadcast. No other insertion between the station's call letters and the community or communities specified in its license is permissible. A station may include in its official station identification the name of any additional community or communities, but the community to which the station is licensed must be named first.

47 CFR Section 74.783(b) requires licensees of television translators whose station identification is made by the television station whose signals are being rebroadcast by the translator, must secure agreement with this television station licensee to keep in its file, and available to FCC personnel, the translator's call letters and location, giving the name, address and telephone number of the licensee or his service representative to be contacted in the event of malfunction of the translator. It shall be the responsibility of the translator licensee to furnish current information to the television station licensee for this purpose.

47 CFR Section 74.783(e) permits any low power television (LPTV) station to request to be assigned four-letter call signs in lieu of the five-character alpha-numeric call signs.

47 CFR Section 74.1283(c)(1) requires a FM translator station licensee whose identification is made by the primary station must arrange for the primary station licensee to furnish the translator’s call letters and location (name, address, and telephone number of the licensee or service representative). This information must be retained in the primary station’s files and made available to the FCC, upon request.

History:

Section 73.1201(a): On August 4, 2004, the Commission adopted a Report and Order in MB Docket No. 03-15, FCC 04-192, In the Matter of Second Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television. With this Report and Order, the Commission requires digital television stations to follow the same rules for station identification as analog television stations.

Section 73.1201(b)(1): In May 2007, the Commission released the Second Report and Order, Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service (“Second Order”), FCC 07-33, MM Docket 99-325. Provisions of the Second Order require station identification requirements DAB stations to facilitate public participation in the regulatory process. Both AM and FM stations with DAB operations will be required to make station identification announcements at the beginning and end of each time of operation, as well as hourly, for each programming stream.

Section 74.783: On December 8, 1998, the Commission adopted a Report and Order in MM Docket No. 98-98, In the matter of Amendment of Part 73 and Part 74 Relating to Call Sign Assignments for Broadcast Stations. With this Report and Order, the Commission modified its practices and procedures with regard to the assignment of call signs to radio and television broadcast stations. Existing procedures were replaced by an on-line system for the electronic preparation and submission of requests for the reservation and authorization of new and modified call signs. Access the call sign system is made via the Internet.

Section 74.1283(c)(1). On November 8, 1990, the Commission adopted a Report and Order in MM Docket No. 88-140, FCC 90-375, Amendment of Part 74 of the Commission’s Rules concerning FM translator Stations which amended rules governing FM translator stations.

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. For Section 73.1201, station licensees provide station identification so the public is aware of who is providing TV programming. For Sections 74.783 and 74.1283, the furnishing of current information is used by the primary station licensee and/or FCC staff in field investigations to contact the translator licensee in the event of malfunction of the translator.

3. For Section 73.1201, these are simple third party notification requirements which will be done over the air. For Section 74.783, the Commission has implemented an on-line system for the electronic preparation and submission of requests for the reservation and authorization of new and modified call signs. For Section74.1283, this is a simple notification and recordkeeping requirement. We do not prescribe the method that the notification must take. Electronic mail could be used to furnish this information to the primary station. However, a paper copy must be kept in the primary station’s files.

4. No other agency imposes a similar information collection on the respondents. There is 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. Therefore, this information collection will not have a significant economic impact on a substantial number of small entities/businesses.

6. This collection of information is determined by respondents need to notify the FCC of change in operation. So, it is provided as necessary.

7. This collection of information is consistent with the guidelines in 5 CFR Section 1320.5(d)(2).

8. The Commission published a Notice (73 FR 24286) in the Federal Register on May 2, 2008. One comment was received from Coriell S. Wright, Esq. of the Institute for Public Representation, Georgetown University Law Center in support of the information collection requirements that the FCC is seeking OMB approval. The comment is submitted in ROCIS for OMB and the public to view.

9. No payment or gift was 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. We report the following public burdens:

Number of Respondents	Number of Filings	Number of Responses	Respondent's Burden Hours	Annual Burden Hours	Respondent’s Salary	Annual In-House Cost
Section 73.1201
18,8002	1	18,800	1.333	25,004	$48.08	$1,202,192.30
18,8004	1	18,800	1	18,800	$100.00	$1,880,000.00
Section 74.783
1,0005	1	1,000	0.166	166	$48.08	$ 7,981.28
Section 74.1283
2006	1	200	1	200	$48.08	$ 9,616.00
2007	1	200	1	200	$100.00	$ 20,000.00
Totals 20,000				44,370 hours		$3,119,789.58

Total Number of Annual Respondents: 1,800 television broadcast station licensees/permittees

14,000 radio broadcast station licensees/permittees

2,400 LPTV licensees

600 Class A licensees

1,000 Translator station licensees

200 FM translator licensees

20,000 (respondents)

Total Number of Annual Responses: 20,000 responses

Total Annual Burden Hours: 44,370 hours

Total Annual “In-house” Cost: ⁸ $3,119,789.58

These estimates are based on FCC staff’s knowledge and familiarity with the availability of the data required.

13. Annual Cost Burden:

(a) Total annualized capital/startup costs: None

(b) Total annual costs (O&M): None

(c) Total annualized cost requested: None

14. There is no cost to the Federal Government.

15. On November 27, 2007, the Commission adopted a Report and Order in MM Docket 00-168, FCC 07-205, In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations. The requirement adopted in the Report and Order adds a program change to the total annual burden hours of 37,804 hours.

16. The data will not be published.

17. OMB approval of the expiration date of the information collection will be displayed at 47 CFR Section 0.408.

18. There are no exceptions to Item 19 of the Certification Statement.

B. Collections of Information Employing Statistical Methods:

No statistical methods are employed.

1 Class A television broadcast stations are required to (1) broadcast a minimum of 18 hours per day and (2) broadcast an average of at least three hours per week of locally produced programming each quarter.

2 There are approximately 1,800 full-power television broadcast licensees and permittees, 600 Class A television stations, 2,400 LPTV licensees and 14,000 radio broadcast licensees and permittees that will notify the public of their station identification. These requirements represent the licensees’ notification and recordkeeping requirements.

3 The new requirement contained in FCC 07-205 will add an additional twenty minutes to the respondent’s hourly burden.

4 Annually, the station licensee will spend one (1) hour consulting with the in-house attorney regarding notification requirements.

5 These translator stations will furnish current information to primary stations and records are also kept and made available to the FCC, upon request.

6 These independently owned FM translator/booster station will furnish current information to the primary station. . This represents the licensees’ recordkeeping and notification requirements.

7 Annually, the station licensee will spend one (1) hour consulting with the in-house attorney regarding notification requirements.

8 The respondent’s annual salary is estimated at $100,000/year ($48.08/hour) and the hourly salary for the in-house attorney is estimated at $100.00/hour.

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