Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast Station Construction Pe

Forms and Documents

Document Name	Status
Form FCC Form 314 Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast ....... Form and Instruction	Modified
Supporting Statement OMB 3060-0031 (January 2009 Diversity Item).doc Supporting Statement A	2009-02-18

IC Document Collections

IC ID	Document Title	Status
29486	Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast ....... Form and Instruction	Modified
187593	Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast .......	New

ICR Details

OMB Control No: 3060-0031	ICR Reference No: 200812-3060-014
Status: Historical Active	Previous ICR Reference No: 200807-3060-007
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast Station Construction Pe
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/06/2009
	Date Received in OIRA: 03/02/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2012	36 Months From Approved	06/30/2011
Responses	12,520	0	12,210
Time Burden (Hours)	17,933	0	18,790
Cost Burden (Dollars)	36,066,450	0	33,989,570

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Abstract: On December 18, 2007, the Commission adopted a Report and Order and Third Further Notice of Proposed Rulemaking (the “Order”) in MB Docket Nos. 07-294; 06-121; 02-277; 04-228, MM Docket Nos. 01-235; 01-317; 00-244; FCC 07-217. The Order adopts rule changes designed to expand opportunities for participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses (new universe of respondents). Consistent with actions taken by the Commission in the Order, the following changes are made to Forms 314 and 315: The instructions to Forms 314 and 315 have been revised to incorporate a definition of “eligible entity,” which will apply to the Commission’s existing Equity Debt Plus (“EDP”) standard, one of the standards used to determine whether interests are attributable. Section II of each form includes a new certification concerning compliance with the Commission’s anti-discrimination rules. Section III of Form 314 and Section IV of Form 315 each include a new question asking applicants to indicate whether the applicant is claiming “eligible entity” status. Section III of Form 314 and Section IV of Form 315 each also contain a new question asking applicants to indicate whether the proposed transaction involves the assignment of a radio station license that is part of a grandfathered cluster of radio licenses, and if the cluster does not comply with the Commission’s multiple ownership rules, whether any of the licenses will be divested within 12 months of consummation of the transaction and assigned to an eligible entity in order to come into compliance with Commission’s ownership rules. The instructions for Sections II and III of Form 314 and Sections II and IV of Form 315 have been revised to assist applicants with completing the new questions.

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Authorizing Statute(s): US Code: 47 USC 154(i), 303 and 308 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AH97	Final or interim final rulemaking	73 FR 28361	05/16/2008

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 66044	11/06/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 9092	03/02/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast .......	FCC Form 314, FCC Form 315	Application for Consent to Assignment of Broadcast Station Construction Permit or License ,   Application for Consent to Transfer Control of Entity Holding Broadcast Station Construction Permit or License
Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast .......

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	12,520	12,210	0	310	0	0
Annual Time Burden (Hours)	17,933	18,790	0	2,670	-3,527	0
Annual Cost Burden (Dollars)	36,066,450	33,989,570	0	2,076,880	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Commission had a program change to the annual cost burden of +$2,076,880 and +2,670 burden hours due to the adoption of information collection requirements contained in the Order. Therefore, the rules which impose information collection requirements are designed to expand opportunities for participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses (new universe of respondents). Also, the increases are due to revisions made to FCC Forms 314 and 315 which includes a new certification concerning compliance with the Commission’s anti-discrimination rules, a new question asking whether the applicant is claiming “eligible entity” status under the FCC’s revised EDP standards adopted in the Order, and a new question asking whether the proposed transaction involves the assignment of a radio station license that is part of a non-compliant, grandfathered cluster of radio licenses and whether any license will be divested within 12 months of consummation of the transaction and assigned to an eligible entity. These changes reflect an increase by one hour per application for applicants and/or their attorneys to evaluate compliance with FCC rules, assess whether they may claim “eligible entity” status, and complete (if applicable) the question relating to grandfathered radio station divestitures; except in the case of waiver applications, which have increased burdens by 3 hours. We also made modifications to the instructions for the Assignee/Transferee Section (Instructions, Section III on Form 314, Instructions, Section IV on Form 315) of Forms 314 and 315 that do not add burdens because they are editorial in nature. There also is an adjustment of -3,527 hours to the annual burden hours due to the Commission over calculating the burden in its previous submission to OMB. With this submission the burden is more accurately calculated.

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Annual Cost to Federal Government: $8,297,067

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 03/02/2009

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