DTV Consumer Education Initiative; Sections 73.674; FCC Form 388

Forms and Documents

Document Name	Status
Form FCC Form 388 DTV Consumer Education Initiative Form and Instruction	Modified
Supporting Statement OMB 3060-1115 (August 2009 Post transition)#1.doc Supporting Statement A	2009-06-17
JUSTIFICATION for 3060-1115 (June 2009).doc Justification for No Material/Nonsubstantive Change	2009-06-17

IC Document Collections

IC ID	Document Title	Status
184091	DTV Consumer Education Initiative	Modified
184088	DTV Consumer Education Initiative Form and Instruction	Modified

ICR Details

OMB Control No: 3060-1115	ICR Reference No: 200906-3060-004
Status: Historical Active	Previous ICR Reference No: 200902-3060-031
Agency/Subagency: FCC	Agency Tracking No: MB
Title: DTV Consumer Education Initiative; Sections 73.674; FCC Form 388
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/11/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/18/2009
	Date Received in OIRA: 06/18/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2009	09/30/2009	09/30/2009
Responses	1,800	0	91,849
Time Burden (Hours)	10,940	0	249,956
Cost Burden (Dollars)	0	0	0

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Abstract: This non-substantial change request is being submitted to OMB for approval for changes made to FCC Form 388. These changes to the form will more easily allow stations to report their education about Service Loss. Therefore, a Service Loss section has been added to Form 388. The information collection requirements contained in collection 3060-1115 now applies only to stations that have not completed their full, final DTV facility. Without these changes to Form 388, it would be more difficult for stations to report on their Service Loss notices and for the Commission to verify that the required Service Loss notices were done.

Emergency Justfication: 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, except for limited analog “nightlight” service. 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. Congress extended the transition date in order to permit analog service to continue until consumers have had additional time to prepare. But Congress also directed the Commission to provide flexibility for stations wanting to transition prior to the new date. 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. 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. Because these requirements must take effect on or before March 13, 2009 – the statutory deadline for implementing the DTV Delay Act, we request expedited OMB approval by March 11, 2009.

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Authorizing Statute(s): US Code: 47 USC 154(i), 303(r), 335 and 336 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-AI96	Final or interim final rulemaking	74 FR 8889	02/27/2009

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Federal Register Notices & Comments

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
DTV Consumer Education Initiative	FCC Form 388	DTV Quarterly Activity Station Report
DTV Consumer Education Initiative

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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	1,800	91,849	0	-90,049	0	0
Annual Time Burden (Hours)	10,940	249,956	0	-239,016	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There are program changes of -239,016 to the annual burden hours which resulted from the completion of nationwide DTV transition.

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Annual Cost to Federal Government: $0

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: 06/18/2009

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