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. The Commission is submitting this non-substantive change
request to correct a typo in the previous version of Form 323 that
was submitted to OMB for approval. The burden hours and cost burden
are not affected by this correction.
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 Commissions 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 Commissions applicable rules governing
media ownership. The instructions for Section I have been revised
to state the Commissions 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 Commissions 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.
$612,720
No
No
Uncollected
Uncollected
No
Uncollected
Kristi Thompson
2024181318
No
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:
(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;
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.