Ownership Report for Commercial Broadcast Station, FCC Form 323

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form FCC Form 323 Ownership Report for Commercial Broadcast Station	Form and Instruction	Modified	Available
Form FCC Form 323 Ownership Report for Commerical Broadcast Station	Form and Instruction	New	Available
Second Response Letter to OMB on Comments Received (101609).pdf	Supplementary Document	Uploaded 2009-10-16	Available
Response Letter to OMB On Comments Received (101609).pdf	Supplementary Document	Uploaded 2009-10-16	Available
Supporting Statement MB 3060-0010 (Amended)(October 2009)(Final).doc	Supporting Statement A	Uploaded 2009-10-16	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
29435	Ownership Report for Commercial Broadcast Station	Form and Instruction	Modified
190263	Ownership Report for Commerical Broadcast Station	Form and Instruction	New

ICR Details

OMB Control No: 3060-0010	ICR Reference No: 200908-3060-001
Status: Historical Active	Previous ICR Reference No: 200809-3060-016
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Ownership Report for Commercial Broadcast Station, FCC Form 323
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/19/2009
	Date Received in OIRA: 08/11/2009
Terms of Clearance: Revised to remove non-attributable requirement.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2012	36 Months From Approved	09/30/2011
Responses	9,250	0	2,000
Time Burden (Hours)	38,125	0	2,750
Cost Burden (Dollars)	26,940,000	0	2,166,800

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Abstract: On December 18, 2007, the Commission adopted a Report and Order and Third Further Notice of Proposed Rulemaking (the “Diversity Order”) in MB Docket No. 07-294; 06-121; 02-277; 04-228, MM Docket No. 01-235; 01-317; 00-244; FCC 07-217. The Diversity 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). On April 8, 2009, the Commission adopted a Report and Order and Fourth Further Notice of Proposed Rulemaking (the “323 Order”) in MB Docket No. 07-294, 06-121, 02-277, 01-235, 01-317, 00-244, 04-228; FCC 09-33. The 323 Order directs the Commission to revise Form 323 to improve the quality of the data collected in order to obtain an accurate, reliable, and comprehensive assessment of minority and female broadcast ownership in the United States. Specifically, the Commission changed the biennial reporting requirements on Form 323 so that there is a uniform filing date, broadened the biennial reporting requirements to include commercial broadcast licensees that are sole proprietorships and partnerships comprised of natural persons, and expanded the class of persons and entities that must file to include low power television stations (“LP TV”) licensees, including Class A stations, and provided that the form should be electronically searchable and that there should be edit checks built in.

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Authorizing Statute(s): US Code: 47 USC 154(i), 303 and 310 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-AH72	Final or interim final rulemaking	74 FR 25163	05/27/2009

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 27549	06/10/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 40188	08/11/2009
Did the Agency receive public comments on this ICR? Yes

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

table that charts list of burden

IC Title	Form No.	Form Name
Ownership Report for Commerical Broadcast Station	FCC Form 323, FCC Form 323	Ownership Report for Commercial Broadcast Stations ,   Ownership Report for Commercial Broadcast Stations
Ownership Report for Commercial Broadcast Station	FCC Form 323, FCC Form 323	Ownership Report for Commercial Broadcast Stations ,   Ownership Report for Commercial Broadcast Stations

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ICR Summary of Burden

table that charts list 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	9,250	2,000	0	7,250	0	0
Annual Time Burden (Hours)	38,125	2,750	0	35,375	0	0
Annual Cost Burden (Dollars)	26,940,000	2,166,800	0	24,773,200	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 has program changes to the annual burden hours of +35,375 hours and +$24,773,200 to the total cost burden which are due to revisions to FCC Form 323. These revisions are a result of the Commission adopting the Diversity Order, FCC 07-217 and the 323 Order, FCC 09-33. Therefore, the instructions and questions in all sections of the form have been significantly revised. The instructions to Form 323 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 in a media entity are attributable. The instructions to Form 323 have also been revised slightly to provide updated citations to the Commission’s applicable rules governing media ownership. The instructions for Section I have been revised to state the Commission’s revised Biennial filing requirements adopted in the 323 Order. Many questions on the form have been reworked or reordered in order to (1) clarify the information sought in the form; (2) simplify completion of the form by giving respondents menu-style or checkbox-style options to select rather than submit a separate narrative exhibit; and (3) make the data collected on the form more adaptable for use in database programs used to prepare economic and policy studies relating to media ownership. The instructions to the Form have been revised to make them clearer and easier to follow by going question-by-question and having each instruction correspond to a relevant question. In addition, portions of the Form that relate only to non-biennial or to biennial filings separately have been placed into separate subsections of the Form. Respondents using the Commission's electronic filing system will be required to launch only the portions of the form that are applicable depending on the purpose of the filing (i.e., whether it is a biennial filing or a non-biennial filing) and complete only those sections. In addition, since the Commission’s original submission of a revised draft Form 323 to OMB on August 11, 2009, and commensurate with the changes adopted in the Reconsideration Order, the Commission has eliminated from the August 11, 2009 draft version of the form and instructions the obligation to report certain non-attributable ownership interests on Form 323. An amended version of Form 323 has been submitted along with a revised supporting statement which are both contained in this collection.

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Annual Cost to Federal Government: $612,720

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: 08/11/2009

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