A

Status: Original and derived artifacts are available for this document.

Download: doc | pdf | html

SUPPORTING STATEMENT
A.  Justification

1.  Explain the circumstances that make the collection of information necessary.  Identify any legal or administrative requirements that necessitate the collection. 

The Commission is revising this information collection to eliminate most of the requirements1 after June 30, 2009; however, broadcasters must continue to comply with the consumer education information collection requirements until they have completed, and are operating, their final, full-authorized post-transition (DTV) facility.

REVISED REQUIREMENTS:
(1) Broadcaster Education and Reporting (47 CFR 73.674).2
(a) On-air Education.  Broadcasters must provide on-air DTV Transition consumer education information (e.g., via Public Service Announcements (PSAs), information crawls, snipes or tickers) to their viewers.  Broadcasters must comply with one of three alternative sets of rules as provided in the Report and Order.  Stations must also provide the following additional information:  (1) geographically specific information detailing areas that are covered by the Grade B analog contour but are not predicted to receive digital service; (2) educational information describing areas where analog signal strength is generally sufficient for viewers to rely on an indoor antenna but where it is likely that they will need an outdoor antenna to receive the digital signal; (3) information to consumers about the need to periodically “rescan” when using over-the-air digital reception equipment, particularly through the end of the transition; (4) stations that are changing their broadcast frequency from VHF to UHF (or vice versa), information to consumers about the need for additional or different equipment to avoid loss of service.  Stations may include this information to satisfy part of their existing PSA requirements.  In addition, if applicable, stations must provide specific notice to analog viewers who are likely to lose over-the-air service from the station due to changes in the geographic coverage area or population served by the station during or after the transition.  Broadcasters must continue to provide on air education to their viewers until they complete their transition to digital-only operations and are operating their final, full-authorized post-transition (DTV) facility.  In most cases, stations will be operating at full-authorized post-transition (DTV) facilities no later than the June 12, 2009 nationwide transition deadline, but, in some cases, stations will not have completed construction of their final, fully-authorized DTV facility by June 12 and, therefore, must continue to provide on-air DTV Transition consumer education information to their viewers.

(b) DTV Consumer Education Quarterly Activity Report, FCC Form 388.  Broadcasters must electronically file a report about its DTV Transition consumer education efforts to the Commission on a quarterly basis.  Broadcasters must begin filing these quarterly reports no later than April 10, 2008.  In addition, if the broadcaster has a public website, they must post these reports on that website. Broadcasters must complete these filings every quarter until they complete their transition to digital-only operations and are operating their final, full-authorized post-transition (DTV) facility.
Background:
After the nationwide DTV transition date of June 12, 2009, full-power television broadcast stations must transmit only digital signals, and may no longer transmit analog signals,3 except for limited analog “nightlight” service.4  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.5  Congress extended the transition date in order to permit analog service to continue until consumers have had additional time to prepare.6  But Congress also directed the Commission to provide flexibility for stations wanting to transition prior to the new date.7  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.

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 4(i), 303(r), 335, and 336, of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 335, and 336.

    2. Indicate how, by whom, and for what purpose the information is to be used.

Information will be provided to consumers by full-power television broadcasters, MVPDs, manufacturers of television receivers and related devices, and ETCs, for the purpose of educating the public about the DTV transition.  Information will be provided to the Commission by full-power television broadcasters, DTV.gov Transition Partners, and certain wireless service providers in the 700 MHz band (i.e., auction winners of 700 MHz spectrum), to allow the Commission to enforce its consumer education rules and to serve as the central clearinghouse and director of DTV Transition education efforts by remaining aware of industry efforts.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.  Also describe any consideration of using information technology to reduce burden.

Information provided to the Commission:  Broadcasters will provide the required information to the Commission electronically via the FCC Form 388 (DTV Consumer Education Quarterly Activity Report) using the Commission’s Consolidated DataBase System (CDBS).

Information provided to consumers/public:  Broadcasters will provide the required information to their viewers via their regular over-the-air broadcast signal (e.g., via PSAs, information crawls, snipes, or tickers).  In addition, broadcaster will post their FCC Form 388 Reports on their website.


4.  Describe efforts to identify duplication.  Show specifically why any similar information
already available cannot be used or modified for use for the purposes described in Item 2 above.

This agency does not impose a similar information collection on the respondents.  There are no similar data available.

5.  If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. 

In the record in MB Docket 07-148, the National Association of Broadcasters ("NAB") stated plans to make informative PSAs available to all broadcasters, even non-members, which will reduce the cost burden of the requirement to air them.  Also, the mandatory broadcaster filing form does not require extensive information gathering.  Most importantly, 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.

6.  Describe the consequence to federal programs or policy activities if the collection is not conducted or is conducted less frequently.

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 (except for FCC approved “analog nightlight’ service).  There is a clear and compelling need for educational efforts directed toward consumers.  If the Commission does not take immediate and effective action to ensure that viewers are informed of the effect that the digital transition will have on them and the options that are available to them, some consumers may lose television service.  The limited-duration burdens are the minimum necessary to ensure the success of the transition.  Without these submissions, the Commission will not be able to verify that the DTV transition is progressing smoothly and play its leadership role in ensuring that the burden on consumers is minimized as much as possible.

7.  Explain any special circumstances that would cause an information collection to be conducted in a manner: 
a) requiring respondents to report information to the agency more often than quarterly; 
b) requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; 
c) requiring respondents to submit more than an original and two copies of any document;
d) requiring respondents to retain records for more than three years;
e) in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
f) requiring the use of statistical data classification that has not been reviewed and approved by OMB;
g) that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
h) requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
DTV Transition consumer education information must be made available to the Commission and the public rapidly and accurately.


8.  If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB.  Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format, and on data elements to be recorded, disclosed, or reported.  

The Commission will seek public comment on the information collection requirements contained in this supporting statement when requesting the OMB three year approval of this information collection.   

9.  Explain any decision to provide any payment or gift to respondents.

No payment or gift will be provided to the respondents.

10.  Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

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

11.  Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

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

12. Provide an estimate of the hour burden of the collection of information.  The statement should indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.  Provide estimates of annualized costs to respondents for the hour burdens for collections of information.  The cost of contracting out or paying outside parties for information collection activities should not be included here.  Instead this cost should be included in Item 13.


The following estimates are provided for public burden:8

Number of Respondents
Number of Filings
Number of Responses
Respondent's Burden Hours
Annual Burden Hours
Respondent’s Hourly Salary9
Annual In-House Cost







Broadcasters – Section 73.674 (FCC Form 388)
200
4
800
3 hours
2,400
$48.08
$115,392.00

Broadcasters – Section 73.674 (On-Air Education)10
6011
1
60
85 hours
5,100
$48.08
$245,208.00
10012
1
100
26 hours
2,600
$48.08
$125,008.00
4013
1
40
11 hours
440
$48.08
$21,155.20

Broadcasters – Section 73.674 (Website Postings)
200
4
800
0.5 hours
400
$48.08
$19,232.00

Totals
200 Annual Respondents

1,800 Annual Responses

10,940 Annual Burden Hours

$525,995.20 
In-House Cost


13. Provide an estimate of the total annual cost burden to respondents resulting from the collection of information.  The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information.  Do not include the cost of any hour burden shown in Item 12.  

(a)   Total annualized capital/startup costs:  None

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

    (c)  Total annualized cost requested: None 


14.  Provide estimates of costs to the federal government.  Provide a description of the method used to estimate costs, which should include quantification of hours, operational expenses such as equipment, overhead, printing, and support staff.
  
There is no cost to the Federal Government.




15.  Unless this a new collection of information, explain the reasons for any program changes or adjustments.

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

16. For collections of information whose results will be published, outline plans for tabulation, and publication.

The data will not be published.

17.  If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

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

18.  Explain each exception to the certification statement.

There are no exceptions to the Certification Statement.

B. Collections of Information Employing Statistical Methods

This information collection does not employ any statistical methods.