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
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 Which Require OMB Approval:
This submission is being made as a revision to an existing information collection pursuant to 44 U.S.C. § 3507. This submission contains (1) the new rule 47 CFR § 73.626, which authorizes the use of distributed transmission system (“DTS”) technologies in the digital television (“DTV”) service, and (2) the changes to FCC Form 340 that are necessary to accommodate applications for a DTS facility. This revision adds a new requirement to this collection, but note that that this is not a mandatory requirement and only noncommercial educational DTV stations choosing to apply for a DTS facility will be impacted by the new requirement.
On November 3, 2008, the Commission adopted a Report and Order in the Matter of Digital Television Distributed Transmission System Technologies; MB Docket No. 05-312, FCC 08-256 (released Nov. 7, 2008). In this Report and Order, the Commission adopts rules for the use of distributed transmission system (“DTS”) technologies in the digital television (“DTV”) service. See 47 CFR § 73.626. DTS technology allows stations to employ multiple synchronized transmitters spread around a station’s service area, rather than the current single-transmitter approach. Each transmitter would broadcast the station’s DTV signal on the same channel, similar to analog TV booster stations but more efficiently. Due to the synchronization of the transmitted signals, DTV receivers should be able to treat the multiple signals as reflections or “ghosts” and use “adaptive equalizer” circuitry to cancel or combine them to produce a single signal.
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 Emergency OMB approval is necessary for this collection to allow full power DTV stations to use DTS technologies to meet their statutory responsibilities and begin operations on their final, post-transition (digital) channels by their construction deadlines.7 DTS will provide DTV broadcasters with an important tool for providing optimum signal coverage for their viewers. For some broadcasters that are changing channels or transmitting locations for their digital service, DTS may offer the best option for continuing to provide over-the-air service to current analog viewers, as well as for reaching viewers that have historically been unable to receive a good signal due to terrain or other interference.
FCC Form 340 is being revised to accommodate the filing of DTS applications. (These proposed revisions to FCC Form 340 need OMB approval).
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. Agency Use of Information: The data is used by FCC staff to determine whether the applicants meet basic statutory requirements to become a Commission licensee/permittee and to assure that the public interest would be served by grant of the application. Specifically, the data collected by FCC Forms 302, 340 and 349 will be used as follows:
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. Consideration Given to Information Technology: The Commission requires applicants to file these forms electronically.
4. Effort to Identify Duplication and Use Similar Information: This agency does not impose a similar information collection on the respondents. There are no similar data available.
5. Effort to Reduce Small Business Burden: 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. In addition, the Commission is not imposing any adverse economic impact on small entities by this new requirement because it is not mandatory; only stations choosing to apply for a DTS facility will be impacted. Therefore, the information collection does not have a significant economic impact on a substantial number of small entities/businesses.
6. Less Frequent Data Collection: The frequency for filing is determined by the respondents, as necessary.
7. Information Collection Circumstances: This collection of information is consistent with the guidelines in 5 CFR § 1320.5(d)(2).
8. Comments Received from the Public: The Commission is seeking emergency approval for this information collection from OMB. The Commission published a Notice in the Federal Register Notice on December 1, 2008 (see 73 FR 72799) seeking public comment on the information collections contained in this supporting statement. No comments have been received from the public.
9. Payment or Gift: No payment or gift is provided to the respondents.
10. Confidentiality of Information: There is no need for confidentiality with this information collection.
11. Justification for Sensitive Questions: This information collection does not address any private matters of a sensitive nature.
12. Estimate of Burden and Burden Hour Cost: The following estimates are provided for public burden for this information collection:
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 1008 2 hour 200 hours $48.08 $ 9,616.00
100 2 hours9 200hours $48.08 $ 9,616.00
100 2 hours10 200 hours $48.08 $ 9,616.00
Modifications 10011 2 hours 200 hours $48.08 $ 9,616.00
100 2 hours12 200 hours $48.08 $ 9,616.00 100 2 hours13 200 hours $48.08 $ 9,616.00
FCC Form 302-DTV
License Applications 1,200 2 hours 2,400 hours $48.08 $115,392.00
Modifications 100 2 hours 200 hours $48.08 $ 9,616.00
FCC Form 340
FM New & Major 1,000 4 hours 4,000 hours $48.08 $192,320.00
FM Minor Change 300 2 hours 600 hours $48.08 $ 28,848.00
TV Minor Change 25 2 hours 50 hours $48.08 $ 2,404.00
DTV 500 2 hours 1,000 hours $48.08 $ 48,080.00
DTS 100 3 hours 300 hours $48.08 $ 14,424.00
FCC Form 349
Commercial 70014 1.5 hours 1,050 hours $30.0015 $ 31,500.00
700 1.5 hours 1 ,050 hours $45.0016 $ 47,250.00
Noncommercial 30017 1.0 hours 300 hours $30.0018 $ 9,000.00
300 1.0 hours 300 hours $45.0019 $ 13,500.00
Newspaper Requirement20
2,000 1.0 hour 2,000 hours21 $48.08 $ 96,160.00
TOTALS: 6,425 14,450 hours22 $666,190.00
(responses) (Burden) (In-house Cost)
Total Number of Annual Respondents: 4,425 respondents
Total Number of Annual Responses: 6,425 (responses)
Total Annual Burden Hours: 14,450 hours
Total Annual “In-House” Cost: $666,190.00
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 $100,000/year ($48.08/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 is estimated to have a salary of $100,000/year ($48.08/hour) and station engineer is estimated to have an average salary of $30.00/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 $100,000/year ($48.08/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 ($30.00/hour), and attorneys employed at the station ($45.00/hour).
Newspaper Notices
The Commission estimates that it will take the respondent one hour to fulfill the newspaper notice requirement.
These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.
13. Cost to Respondents: 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 10023 2 hours 200 hours $150 $ 30,000
100 1 hour 100 hours $200 $ 20,000
Modifications 10024 6 hours 600 hours $150 $ 90,000
100 2 hours 200 hours $200 $ 40,000
100 --- --- $250/fee $ 25,000
FCC Form 302-DTV
Modifications 100 6 hours 600 hours $150 $ 90,000
100 2 hours 200 hours $200 $ 40,000
License Applications 1200 -- -- $250/fee $ 300,000
FCC Form 340
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 $2,550,000 500 1 hour 500 hours $200 $ 100,000
DTS 100 1 hour 100 hours $200 $ 20,000
100 45 hours 4,500 hours $150 $ 675,000
100 -- -- $830/fee $ 83,000
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: $21,869,62525
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. For DTS services, applicants must submit a filing fee of $830/application.
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. Cost to Federal Government: The total cost to the Federal Government was calculated as follows:
FCC Form 302-TV -
Paraprofessional 3 hours x $31.61/hour x 200 applications = $18,966.00
Clerical 1 hour x $17.24/hour x 200 applications = $ 3,448.00
$22,414.00
FCC Form 302-DTV:
Paraprofessional 1.75 hours x $31.61/hour x 1,300 = $ 71,912.75
Professional 5.25 hours x $53.24/hour x 1,300 = $363,363.00
Clerical 0.50 hours x $17.24/hour x 1,300 = $ 11,206.00
$446,481.75
FCC Form 340 -
FM New and Major Applications:
Clerical 1.5 hours x $17.24/hour x 1,000 = $ 25,860.00
Paraprofessional 7.0 hours x $31.61/hour x 1,000 = $ 221,270.00
Professional 36.9 hours x $53.24/hour x 1,000 = $1,964,556.00
$2,211,686.00
FM Minor Change:
Clerical 2.0 hours x $17.24/hour x 300 = $ 10,344.00
Paraprofessional 6 hours x $31.61/hour x 300 = $ 56,898.00
Professional 25 hours x $53.24/hour x 300 = $399,300.00
$466,542.00
TV Minor Change/DTV Applications: 26
Clerical 2 hours x $17.24/hour x 525 = $ 18,102.00
Paraprofessional 6 hours x $31.61/hour x 525 = $ 99,571.50
Professional 16 hours x $53.24/hour x 525 = $447,216.00
$564,889.50
DTS
Clerical 2 hours x $17.24/hour x 100 = $ 3,448.00
Paraprofessional 6 hours x $31.61/hour x 100 = $ 18,966.00
Professional 20 hours x $53.24/hour x 525 = $106,480.00
$128,894.00
FCC Form 349 -
Clerical (commercial) 1 hour x $17.24 x 700 = $ 12,068.00
Professional 4 hours x $53.24 x 700 = $149,072.00
Clerical (noncommercial) 1 hour x $17.24 x 300 = $ 5,172.00
Professional 6 hours x $53.24 x 300 = $ 95,832.00
$262,144.00
Totals: $22,414.00 + $446,481.75 + $2,211,686.00 + $466,542.00 + $564,889.50 + $128,894.00 + $262,144.00 = $4,103,051.25
Total Cost to Federal Government = $4,103,051.25
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 ($31.61/hour), and clerical staff at the GS-5/Step 5 level ($17.24/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 ($53.24/hour), paraprofessional staff at the GS-11, step 5 level ($31.61/hour), and clerical staff at the GS-5/Step 5 level ($17.24/hour) to process the FCC 302-DTV applications.
*FCC Form 340 - The Commission will use professional staff at the GS-14, step 5 level ($53.24/hour), paraprofessional staff at the GS-11, step 5 level ($31.61/hour) and clerical staff at the GS-5, step 5 level ($17.24/hour) to process these applications.
*FCC Form 349 - The Commission will use professionals at the GS-14, step 5 level ($53.24/hour) and clerical personnel at the GS-5, step 5 level ($17.24/hour) to process these applications.
15. Reason for Changes in Burden or Cost: On November 3, 2008, the Commission adopted a Report and Order, In the Matter of Digital Television Distributed Transmission System Technologies; MB Docket No. 05-312, FCC 08-256 (released Nov. 7, 2008). In this Report and Order, the Commission adopted rules authorizing the use of distributed transmission system (“DTS”) technologies in the digital television (“DTV”) service. See 47 CFR § 73.626. To apply for a DTS facility, a commercial DTV station must file a Form 340. Therefore, the Commission had program changes of +300 burden hours and +$778,000 cost burden for this information collection.
The Commission also had an adjustment of +2,000 hours to the annual burden hours. This adjustment was due to the Commission inadvertently omitting the burden that is attached to the newspaper notices from its previous submissions to OMB. We are accounting for the burden with this submission.
16. Plans for Publication: The data will not be published.
17. Display of OMB Approval Date: We request extension of the waiver not to publish the expiration date on the form. This will obviate the need for the Commission to update electronic forms 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. Exceptions to the Certification Statement: There are no exceptions to 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 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).
8 These 100 applications represent a total of 100 Construction Permit (CP) applications.
9 The respondent will consult with an engineer for 2 hours to review information on FCC Form 302-TV.
10 The respondent will consult with an attorney for 2 hours to review information on FCC Form 302-TV.
11 These 100 applications represent a total of 100 modifications of license applications.
12 The respondent will consult with an engineer for 2 hours to review information on FCC Form 302-TV.
13 The respondent will consult with an attorney for 2 hours to review information on FCC Form 302-TV.
14 This number represents a total of 700 commercial applications.
15 This figure represents the hourly salary of the station engineer.
16 This figure represents the hourly salary of the in-house station attorney.
17 This number represents a total of 300 noncommercial applications.
18 This figure represents the hourly salary of the station engineer.
19 This figure represents the hourly salary of the in-house station attorney.
20 This newspaper requirement relates to FCC Forms 340 and 349.
21 The Commission inadvertently omitted the burden that is attached to the newspaper notices from its previous submissions to OMB. We are accounting for the burden with this submission.
22 The requirement and form revisions for FCC Form 340 adopted in FCC 08-256 by the Commission add an additional burden of 300 hours to this information collection.
23 These 100 applications represent a total of 100 Construction Permit (CP) applications.
24 These 100 applications represent a total of 100 modifications of license applications.
25 The requirement and form revisions adopted in FCC 08-256 by the Commission add an additional burden cost of $778,000 to this information collection.
26 These applications include 25 TV Minor Change Applications + 260 DTV Applications = 285 Applications.
| File Type | application/msword |
| Author | Thomas.Nessinger |
| Last Modified By | james williams |
| File Modified | 2008-12-01 |
| File Created | 2008-11-21 |