Supporting Statement OMB 3060-0386 (March 13th emergency)

OMB Control Number: 3060-0386 February 2009

Title: Special Temporary Authorization (STA) Requests, Section 47 CFR 73.1635; Notifications, Section 47 CFR 73.1615; and Informal Filings, Section 47 CFR Part 73.

SUPPORTING STATEMENT

A. Justification:

1. On February 11, 2009, the DTV Delay Act was signed by the President and enacted into law, extending the nationwide DTV transition date from February 17 until June 12, 2009. As a result, after June 12, 2009, full-power television broadcast stations must transmit only digital signals, and may no longer transmit analog signals,¹ except for limited analog “nightlight” service.² The DTV Delay Act directs the Commission to take any actions “necessary or appropriate to implement the provisions, and carry out the purposes” of the DTV Delay Act, and to do so within 30 days.³ Congress extended the transition date in order to permit analog service to continue until consumers have had additional time to prepare.⁴ But Congress also directed the Commission to provide flexibility for stations wanting to transition prior to the new date.⁵ Stations may have made extensive preparations for a February 17 digital transition and some may have difficulty altering their commitments at this time. The Commission’s challenge is to provide opportunities for some stations to end analog broadcasting early without sacrificing the goal of giving consumers additional time to prepare.

On February 20, 2009, the Commission adopted and released a Second Report and Order and Notice of Proposed Rulemaking (FCC 09-11) in MB Docket No. 09-17 to implement the DTV Delay Act.⁶ The Commission’s requirements and proposals are influenced by its experience planning for the partial transition by one-third of the full power stations on or just before February 17, 2009 (the previous nationwide transition date). The Commission has found that advance planning and station commitment to nightlight service and public interest outreach contribute to a smoother transition.

Second Report and Order. In the Second R&O, the Commission requires all full-power television broadcast stations (that are still broadcasting an analog signal) to file a binding notice to the Commission of their proposed analog television service termination date (“Analog Termination Notification”).

Notice of Proposed Rulemaking. In the NPRM, the Commission, first, tentatively concludes that stations affiliated with a major network (i.e., ABC, CBS, FOX, and NBC) wanting to terminate analog television service early, i.e., before the June 12 transition deadline, must file a certification with the Commission that they will comply with several public interest conditions, or make a showing of “extraordinary, exigent circumstances” (“Certification” or “Showing”). Any major network affiliate station that does not certify compliance to the public interest conditions or otherwise make the required showing must continue providing full analog television service until June 12, 2009 (except in the case of equipment failure, natural disaster, or other unforeseeable emergency).

REVISED INFORMATION COLLECTION REQUIREMENTS WHICH NEED OMB REVIEW AND APPROVAL:

1. Analog TV Service Termination Notifications. All full-power television broadcast stations that are still broadcasting an analog signal (approximately 1,200 stations) must file a binding notice to the Commission of their proposed analog television service termination date no later than March 17, 2009 (11:59 p.m. EST).⁷ In this notification, stations must either commit to terminating on the June 12, 2009 nationwide transition deadline or on a date prior to transition deadline (but not earlier than April 16). Any station that does not notify the Commission by March 17, 2009, will be determined to be terminating on June 12, 2009, and will not be permitted to terminate their analog service prior to June 12, 2009 (except in the case of equipment failure, natural disaster, or other unforeseeable emergency). Stations must file these notifications through the FCC’s Consolidated Database System (“CDBS”) using the Informal Application Filing Form. See OMB Control No. 3060-0386. This required notification replaces the existing required notification by stations seeking to terminate analog service early and, therefore, this submission will reflect this eliminated burden.

2. Early Termination Certifications and Showings. For stations affiliated with a major network (i.e., ABC, CBS, FOX, and NBC) wanting to terminate analog television service early, i.e., before the June 12 transition deadline (an estimated 800 stations), the Commission will require stations to (1) certify to the Commission that they will comply with several public interest conditions,⁸ or, alternatively, make a showing of “extraordinary, exigent circumstances”. support and supplement their initial February 17 Termination Notifications by February 13 by either (1) certifying compliance with several public interest conditions; or (2) show that “extraordinary, exigent circumstances,” such as the unavoidable loss of their analog site or extreme economic hardship, require that they terminate their analog service early. Stations’ certifications or showings will be filed in their analog TV service termination notifications via CDBS. See OMB Control No. 3060-0386.

These requirements are also approved under this information collection and have not changed since last approved by OMB:

Special Temporary Authority (STA) Requests, 47 CFR 73.1635. Broadcast stations (licensees or permittes) may file a request for STA approval to permit a station to operate a broadcast facility for a limited period at a specified variance from the terms of the station’s authorization or requirements of the FCC rules. Stations may file a request for STA approval for a variety of reasons. The request must describe the operating modes and facilities to be used.

DTV STA for Phased Transition and Continued Interim Operations. Stations may file a request for Special Temporary Authorization (STA) approval to temporarily remain on their in-core, pre-transition DTV channel after the transition date through the CDBS using the Informal Application Filing Form.

DTV STA for Phased Transition / Build-Out. Stations may file a request for STA approval to build less than full, authorized post-transition facilities by the transition date through the CDBS using the Informal Application Filing Form.

DTV STA for Permanent Service Reduction or Termination. Stations may file a request for STA approval to permanently reduce or terminate analog or pre-transition DTV service where necessary to facilitate construction of final, post-transition facilities through the CDBS using the Informal Application Filing Form.

DTV Notification/Informal Letter of Temporary Service Disruption. Stations may file a notification or informal letter pursuant to Section 73.1615 to temporarily reduce or cease existing analog or pre-transition DTV service where necessary to facilitate construction of final, post-transition facilities through the CDBS using the Informal Application Filing Form. (This notification requirement as it relates to permanently terminating analog service is replaced by the new notification requirements.)

DTV Notification of Service Reduction or Termination. Stations may file a notification to permanently reduce or terminate analog or pre-transition DTV service within 90 days of the transition date through the CDBS using the Informal Application Filing Form. (This notification requirement as it relates to permanently terminating analog service is replaced by the new notification requirements.)

DTV Informal Filings. Stations claiming a “unique technical challenge” (as defined in the Report and Order)⁹ warranting a February 17, 2009 construction deadline may file a notification to document their status through the CDBS using the Informal Application Filing Form.

Analog Nightlight Participation Notifications. Stations that are pre-approved by the FCC to be eligible to participate in the analog nightlight program may notify the Commission of their intent to participation in the analog nightlight program by either filing a Legal STA electronically through the Commission’s Consolidated Database System (“CDBS”) using the Informal Application filing form or by sending an e-mail to [email protected].¹⁰

Analog Nightlight Participation Requests. Stations that are not pre-approved by the FCC to be eligible to participate in the analog nightlight program may nonetheless request Commission approval to participate in the analog nightlight program by filing an Engineering STA notification electronically through CDBS using the Informal Application filing form.

Notifications, 47 CFR 73.1615. Broadcast stations (AM, FM, TV or Class A TV licensees or permittees) must file a notification under 47 CFR 73.1615(c) when such a station is in the process of modifying existing facilities as authorized by a construction permit and determines it is necessary to either discontinue operation or to operate with temporary facilities to continue program service for a period not more than 30 days. Licensees or permittees of directional or nondirectional FM, TV or Class A TV or nondirectional AM must file a notification and comply with 47 CFR 73.1615(a). Licensees or permittees of a directional AM station whose modification does not involve a change in operating frequency must file a notification and comply with 47 CFR 73.1615(b). Licensees or permittees of a directional AM station whose modification does involve a change in frequency and determines it is necessary to discontinue operation for a period not more than 30 days must file a notification and comply with 47 CFR 73.1615(d)(2).

Informal Filings, 47 CFR 73.1615. Broadcast stations (AM, FM, TV or Class A TV licensees or permittees) must file an informal letter request under 47 CFR 73.1615(c)(1) when such a station is in the process of modifying existing facilities pursuant to 47 CFR 73.1615(a) or (b) and determines it is necessary to either discontinue operation or to operate with temporary facilities to continue program service for a period of more than 30 days. Licensees or permittees that filed notifications under 47 CFR 73.1615(d)(2) but which determine that it is necessary to discontinue operation for a period more than 30 days must file an informal letter request and comply with 47 CFR 73.1615(d)(1) and (2).

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 1, 4(i) and (j), 7, 301, 302, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325, 336, and 337 of the Communications Act of 1934, as amended.

2. The data is used by FCC staff to determine whether to grant and/or accept the requested special temporary authority (“STA”) (or other request for FCC action), the required notification, informal filing or other non-form submission.¹¹ FCC staff will review for compliance with legal and technical regulations, including but not limited to ensuring that impermissible interference will not be caused to other stations.

3. All STA requests, notifications, informal filings and other “non-form” submissions may be filed electronically via the FCC’s Consolidated Database System (“CDBS”). These filings may also be filed by letter, but only if expressly authorized by rule or Commission approval.

For DTV Transition-related: All STA requests, notifications, informal filings and other “non-form” submissions related to the DTV transition must be filed electronically via CDBS. Stations may email courtesy copies of their STA requests, notifications, and informal filings to the appropriate email address: [email protected], [email protected], or [email protected].

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. The revised information collection requirements permit broadcasters to request and obtain regulatory flexibility from the Commission, if necessary, to meet their DTV construction deadlines. The requirements are only necessary should the station seek to obtain the benefit of one of the provisions for regulatory flexibility. Although these requirements will impose some costs on small broadcasters, they will also ensure that small broadcasters continue to retain their audiences after the transition by fully informing viewers of the steps necessary to keep watching. Small broadcasters

rely completely on their viewing audience for their revenue stream, so this benefit should far outweigh any costs for this temporary requirement. Therefore, this collection of information will not have a significant economic impact on a substantial number of small entities/businesses.

6. Congress has mandated that after June 12, 2009, full -power broadcast stations must transmit only in digital signals, and may no longer transmit analog signals. The Commission must 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, DTV facility. Broadcasters may need regulatory flexibility in order to achieve these goals. Without these submissions, the Commission will not be able to determine eligibility for certain opportunities for regulatory flexibility. The frequency for this collection of information is determined by respondents, as necessary.

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

8. The Commission published a notice in the Federal Register seeking public comment for the information collection requirement contained in this supporting statement (74 FR 8889) on February 27, 2009. To date, no comments have been received from the public.

9. No payment or gift was provided to the respondents.

10. There is no need for confidentiality with this collection of information.

11. This information collection does not address any private matters of a sensitive nature.

12. We make the following estimates for STA requests, notifications and informal filings.

a) STA Requests. We estimate that a total of 2,500 STA requests will be filed with the Commission annually. We estimate that 10% of these filings (or 250 filings) will be made by the station licensee/permittee without outside consultation and will require four (4) hours preparation, while 90% of these filings (or 2,250 filings) will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour of consultation with these outside parties.

b) Notifications, Certifications and Showings. We estimate that a total of 1,200 notifications for early analog termination will be filed with the Commission and we estimate that 800 of these notifications will contain either a required certification or showing. Our estimate is as follows:

• We estimate that a total of 300 notifications will be filed pursuant to Section 73.1615. Roughly 67% of the notification filings (200 notifications) will be made by the station licensee/permittee without outside consultation and will 30 minutes (0.5 hours) preparation, while the other 33% of these filings (100 notifications) will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour consultation with these outside parties.

• We estimate that 33% of the notification filings (400 notifications) will be made by the station licensee/permittee without outside consultation and will require 30 minutes (0.5 hours) preparation, while the other 66% of these filings (800 notifications) will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour consultation with these outside parties.

• The certifications (790) will solely be filed by the respondent and take 0.5 hours to file. The respondent will consult with an outside attorney or engineer before making the certification filings with the Commission. This consultation will take the respondent one (1) additional hour.¹²

• The showings (10) will be filed by an outside attorney or engineer. The respondent will meet with the consultant to discuss the showings. This consultation will take the respondent one (1) additional hour. ¹³

c) Informal Filings. We estimate that a total of 150 informal letters will be filed with the Commission annually. We estimate that 20% of these filings (or 30 informal letters) will be made by the station licensee/permittee without outside consultation and will require four (4) hours preparation, while 80% of these filings (or 120 filings) will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour consultation with these outside parties.

d) Legal STA Notifications Pursuant to the Analog Nightlight Program. We estimate that a total of 300 legal STA notifications will be filed with the Commission. We estimate that the licensee/permittee will file the notifications without outside consultation and will require 30 minutes (0.5 hours) preparation.

e) Engineering STA Notifications Pursuant to the Analog Nightlight Program. We estimate that a total of 400 notifications will be filed with the Commission. We estimate that 10% of these filings (or 40 notifications) will be made by the station licensee/permittee without outside consultation and will require 30 minutes (0.5 hours) preparation, while the remaining 90% of these filings (or 360 notifications) will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour consultation with these outside parties.

Type	# of Respondents	# of Responses	Burden Hours of Respondents	Annual Burden Hours	Hourly Salary of Respondents14	Annual In-House Cost
12a. STA Requests (47 CFR § 73.1635)
STA filed by Licensee/ Permittee	250	250	4 hrs	1,000 hrs	$48.08	$ 48,080.00
STA filed by outside engineer/attorney but will require the respondent to consult with outside parties regarding the filings	2,250	2,250	1 hr consultation	2,250 hrs	$48.08	$108,180.00
Total STA Requests	2,500	2,500		3,250 hrs		$156,260.00
12b. Notifications, Certifications and Showings (47 CFR Part 73)
Rule 73.1615 Notifications filed by Licensee/ Permittee15	200	200	0.5 hrs	100 hrs	$48.08	$4,808.00
Rule 73.1615 Notifications filed by outside engineer/attorney but will require the respondent to consult with outside parties regarding the filings16	100	100	1 hr consultation	100 hrs	$48.08	$4,808.00
Analog TV Service Termination Notifications filed by Licensee/Permittee	400	400	0.5 hours	200 hrs	$48.08	$9,616.00
Analog TV Service Termination Notifications filed by outside engineer/attorney but will require the respondent to consult with outside parties regarding the filings	800	800	1 hr consultation	800 hrs	$48.08	$38,464.00
Certification of Compliance with Public Interest Condition Filings	790	790	1.5 hr17	1,185 hrs	$48.08	$56,974.80
Showing (Exigent Circumstance) Filings filed by outside engineer/attorney but will require the respondent to consult with outside parties regarding the filings	10	10	1 hr consultation	10 hrs	$48.08	$480.80
Total Notifications, Certifications and Showings	1,50018	2,30019		2,395 hrs		$115,151.60
12c. Informal Filings (47 CFR Part 73)
Rule 73.1615 Informal Letters filed by Licensee/ Permittee	30	30	4 hrs	120 hrs	$48.08	$5,769.60
Rule 73.1615 Informal Letters filed by outside engineer/attorney but will require the respondent to consult with outside parties regarding the filings	120	120	1 hr consultation	120 hrs	$48.08	$5,769.60
Total Informal Filings	150	150		240 hrs		$11,539.20
12d. Analog Nightlight Program Legal STA Notifications
Analog Nightlight Program Legal STA Notifications filed by Licensee/Permittee	300	300	0.50 hrs	150 hrs	$48.08	$7,212.00
Total Analog Nightlight Program Legal STA Notifications	300	300		150 hrs		$7,212.00
12e. Analog Nightlight Program Engineering STA Notifications
Analog Nightlight Program Engineering STA Notifications filed by Licensee/Permittee	40	40	0.50 hrs	20 hrs	48.08	$961.60
Analog Nightlight Program Engineering STA Notifications filed by outside engineer but will require the respondent to consult with outside parties regarding filings	360	360	1 hr	360 hrs	$48.08	17,308.80
Total Analog Nightlight Program Engineering STA Notification Filings	400	400		380 hrs		$18,270.40

Total Annual Number of Responses: 2,500 + 2,300 + 150 + 300 + 400 = 5,650

Total Annual Burden Hours: 3,250 hours + 2,395 hours + 240 + 150 + 380 = 6,415 hours

Total Annual “In-House Cost” = $156,260.00 + $115,151.60 + $11,539.20 + $7,212.00 + $18,270.40 = $308,433.20

13. ANNUAL COST BURDEN:

a) STA Requests. A contract consulting engineer and/or an attorney would prepare and submit the request for special temporary authority depending on the circumstances. We estimate that the average salary for a consulting engineer is $150/hour and for the attorney is $200/hour. Because these filings may be reviewed and/or filed by either or both an outside attorney or engineer consultant, we estimate the average salary to be $175/hour. In addition, a licensee must submit a fee for each request by a commercial broadcast station for special temporary authority at $160/request. We estimate that 86% of all requests filed will be for commercial stations (2,500 x 86% = 2,150 requests).

2,250 STA requests x $175/hour x 1 hour = $393,750

2,150 STA requests x $160 fee/ request = $344,000

Annual Cost Burden = $737,750

b) Notifications, Certifications and Showings. A contract consulting engineer and/or an attorney would prepare and submit the notification, certifications and showings depending on the circumstances. We estimate that the average salary for a consulting engineer is $150/hour and for the attorney is $200/hour. Because these filings may be reviewed and/or filed by either or both an outside attorney or engineer consultant, we estimate the average salary to be $175/hour.

900 notifications x $175/hour x 1 hour = $157,500

790 certifications for the consultant to discuss with respondent x $175/hour x 1 hour = $138,250

10 showings x $175/hour x 2 hours = $ 3,500

Annual Cost Burden = $299,250

c) Informal Filings. A contract consulting engineer and/or an attorney would prepare and submit the informal letter depending on the circumstances. We estimate that the average salary for a consulting engineer is $150/hour and for the attorney is $200/hour. Because these filings may be reviewed and/or filed by either or both an outside attorney or engineer consultant, we estimate the average salary to be $175/hour. In addition, a licensee must submit a fee for each request by a commercial broadcast station for special temporary authority at $150/request. We estimate that 86% of all requests filed will the Commission will be for commercial stations (150 x 86% = 129 requests).

120 informal letter requests x $175/hour x 1 hour = $21,000

129 informal letter requests x $160 fee / request = $20,640

Annual Cost Burden = $41,640

4. Analog Nightlight Program Legal STA Notifications. – No cost assessed. The respondent will prepare the notifications without outside assistance.

4. Analog Nightlight Program Engineering STA Notifications. A contract consulting engineer and/or an attorney would prepare and submit the notification depending on the circumstances. We estimate that the average salary for a consulting engineer is $150/hour and for the attorney is $200/hour. Because these filings may be reviewed and/or filed by either or both an outside attorney or engineer consultant, we estimate the average salary to be $175/hour.

360 engineering STA notifications x $175/hour x 1 hour = $63,000

Annual Cost Burden = $63,000

Total Annual Cost Burden = $737,750 + $299,250 + $41,640 + $63,000 = $1,141,640

14. Cost to the Federal Government:

a) STA Requests. We estimate the government will use legal and engineer 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). We expect the processing for the STAs to take from 0.50 to 2 hours to process.

2,500 STAs x $53.24 x 2 hours = $266,200

2,500 STAs x $31.61 x 2 hours = $156,050

2,500 STAs x $17.24 x 0.50 hour = $ 21,550

Cost to the Federal Government: $443,800

b) Notifications. We estimate the government will use legal and engineer 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). We expect the processing for the notifications to take from 0.50 to 1 hour to process.

2,300 notifications, certifications and showings x $53.24 x 1 hour = $122,452.00

2,300 notifications, certifications and showings x $30.25 x 1 hour = $ 69,575.00

2,300 notifications, certifications and showings x $17.24 x 0.50 hours = $ 19,826.00

Cost to the Federal Government: $211,853.00

c) Informal Filings. We estimate the government will use legal and engineer 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). We expect the processing for the informal filings to take from 0.50 to 2 hours to process.

150 STAs x $53.24 x 2 hours = $15,972

150 STAs x $31.61 x 2 hours = $ 9,483

150 STAs x $17.24 x 0.50 hour = $ 1,293

Cost to the Federal Government: $26,748

d) Analog Nightlight Program Legal STA Notifications. We estimate the government will use legal and engineer 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). We expect the processing for the notifications to take from 0.50 to 1 hour to process.

300 STA notifications x $53.24 x 1 hour = $15,972

300 STA notifications x $30.25 x 1 hour = $ 9,075

300 STA legal notifications x $17.24 x 0.50 hours $ 2,586

Cost to the Federal Government: $27,633

e) Analog Nightlight Program Engineering STA Notifications. We estimate the government will use legal and engineer 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). We expect the processing for the notifications to take from 0.50 to 1 hour to process.

400 STA notifications x $53.24 x 1 hour = $21,296

400 STA notifications x $30.25 x 1 hour = $12,100

400 STA legal notifications x $17.24 x 0.50 hours $ 3,448

Cost to the Federal Government: $36,844

Total Cost to the Federal Government:

$443,800 + 211,853 + $26,748 + 27,633 + 36,844 = $746,878.00

15. There are program changes to the annual burden hours +1,390 hours and annual cost burden +$148,750. These program changes are due to the Commission releasing a Report and Order and NPRM, FCC 09-11 which contained revised information collection requirements which impacted this collection.

16. The data will not be published.

17. OMB approval of the expiration of the information collection will be displayed at 47 C.F.R. Section 0.408.

18. There are no exceptions to the Certification Statement.

B. Collections of Information Employing Statistical Methods

No statistical methods are employed.

1See DTV Delay Act, Pub. L. No. 111-4, 123 Stat. 112 (2009). The DTV Delay Act (to be codified at 47 U.S.C. §§ 309(j)(14) and 337(e)), amends Section 309(j)(14) of the Communications Act to establish June 12, 2009 as the new nationwide deadline for the end of analog transmissions by full-power stations. 47 U.S.C. § 309(j)(14)(A) (“A full-power television broadcast license that authorizes analog television service may not be renewed to authorize such service for a period that extends beyond June 12, 2009.”). See also 47 U.S.C. § 337(e)(1) (“Any full-power television station licensee that holds a television broadcast license to operate between 698 and 806 megahertz may not operate at that frequency after June 12, 2009.”).

2 See the Short-term Analog Flash and Emergency Readiness Act, Pub. L. No.110-459, 122 Stat. 5121 (2008) (“Analog Nightlight Act”).

3 DTV Delay Act § 4(c) (“Notwithstanding any other provision of law, the Federal Communications Commission … shall, not later than 30 days after the date of enactment of this Act, each adopt or revise its rules, regulations, or orders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act.”). . In addition, the DTV Delay Act amends the Digital Television and Public Safety Act of 2005 (“DTV Act”), Pub. L. No. 109-171, 120 Stat. 4 (2006), to direct 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 June 13, 2009; and (2) to require by June 13, 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.

4 See, e.g., Cong. Rec. H895 (daily ed. February 4, 2009).

5 DTV Delay Act, § 4(a) (“PERMISSIVE EARLY TERMINATION UNDER EXISTING REQUIREMENTS.— Nothing in this Act is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station’s analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission’s requirements in effect on the date of enactment of this Act, including the flexible procedures established in the Matter of Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (FCC 07–228, MB Docket No. 07–91, released December 31, 2007)”).

6 Implementation of the DTV Delay Act, MB Docket No. 09-17, Second Report and Order and Notice of Proposed Rulemaking, FCC 09-11 (rel. Feb. 20, 2009) (“Second R&O” and “NPRM”).

7 The short deadline for notification to the Commission is necessary to enable the Commission to evaluate and adjust deployment of its resources, and to coordinate with other entities in order to prepare for analog service terminations on that date and protect the public interest. The Commission must make and adjust arrangements for consumer outreach, call center staffing, converter installation assistance and coordinate with contractors, partners, volunteers, and organizations throughout the country to address areas where many or most stations will terminate their analog signals early.

8 For the list of public interest conditions, see FCC 09-11 and subsequent orders in docket 09-17.

9 As discussed in the Third DTV Periodic Report and Order, stations may face specific and unique technical challenges that would prevent them from meeting their deadline to construct final, post-transition facilities. Such challenges include stations that have a side-mounted digital antenna and top-mounted analog antenna and will need to install a top-mounted antenna for post-transition digital use, but cannot do so before the end of the transition because the tower cannot support the additional weight of third antenna, or face other circumstances in which the operation of a station’s analog service prevents the completion of construction of the station’s full, authorized post-transition facility, including stations whose local power company cannot provide sufficient electrical capacity to the tower site to power both analog and full power digital operations, and stations that do not have space at their antenna site for both analog and digital equipment.

10 On January 15, 2009, the Commission adopted and released the Report and Order implementing the Short-term Analog Flash and Emergency Readiness Act, Pub. L. No.110-459, 122 Stat. 5121 (2008) (“Analog Nightlight Act”). As mandated by the Analog Nightlight Act, the Commission developed and implemented the Analog Nightlight program to “encourage and permit” continued analog TV service for a period of 30 days after the DTV transition date to broadcast DTV and emergency information. See Implementation of Short-term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition “Analog Nightlight” Program, MB Docket No. 08-255, Report and Order, FCC 09-2 (rel. Jan. 15, 2009) (“Analog Nightlight Order”).

11 Generally, “non-form” filings are notifications or request filed with the Commission that are submitted by informal letter as opposed to a specific Commission form.

12 These certifications may be filed in the same form as the required binding notifications.

13 These showings may be filed in the same form as the required binding notifications.

14 This estimate is based on an average salary for a station manager of $100,000 per year or $48.08 per hour.

15 This burden is reduced to reflect that stations that would permanently terminate analog service via this notification will now do so using the new binding analog TV service notification.

16 This burden is reduced to reflect that stations that would permanently terminate analog service via this notification will now do so using the new binding analog TV service notification.

17 This time includes 1 hour of consultation with an outside attorney regarding the Certification of Compliance filings. The respondent will file the certification once he or she has met with the outside attorney to discuss the document. The actual filing will take 0.5 hours of the respondent’s time to complete.

18 Approximately 300 stations will file Section 73.1615 notifications annually. Approximately 1,200 stations are still broadcasting an analog signal and will need to file an analog termination notification. (The 800 certifications/showings are included in the same group of respondents for the Termination Notifications.)

19 This number assumes the notification filings and certification/showing filings will be done separately. This assumption is made for purposes of this submission in an effort to best calculate the burden involved.

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