Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or Permit or License, FCC

Forms and Documents

Document Name	Status
Form FCC Form 316 Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or..... Form and Instruction	Modified
Form FCC Form 316 Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corportaion Holding Broadcast Station Construction Permit or License Form and Instruction	Modified
Supporting Statement OMB 3060-0009 Rural Radio RO (Form 316 v2 12-1-09).doc Supporting Statement A	2010-04-14

IC Document Collections

IC ID	Document Title	Status
29429	Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or..... Form and Instruction	Modified
185013	Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corportaion Holding Broadcast Station Construction Permit or License Form and Instruction	Modified

ICR Details

OMB Control No: 3060-0009	ICR Reference No: 201004-3060-005
Status: Historical Active	Previous ICR Reference No: 200805-3060-015
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or Permit or License, FCC
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/27/2010
	Date Received in OIRA: 04/14/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2013	36 Months From Approved	06/30/2011
Responses	750	0	750
Time Burden (Hours)	1,231	0	855
Cost Burden (Dollars)	711,150	0	425,150

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Abstract: On January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking (the “Order”) in MB Docket No. 09-52, FCC 10-24. The Order adopts rule changes designed to streamline and clarify certain procedures associated with the award of broadcast radio construction permits by competitive bidding. To prevent unjust enrichment by parties that acquire broadcast construction permits through the use of a bidding credit in an auction, Section 73.5007(c) of the Rules requires reimbursement to the Commission of all or part of the bidding credit upon a subsequent assignment or transfer of control, if the proposed assignee or transferee is not eligible for the same percentage of bidding credit. The rule is routinely applied to “long form” assignment or transfer applications filed on FCC Forms 314 and 315. In the Order, the Commission also sought to clarify, in Section 73.5007(c) of the Rules, that the unjust enrichment payments to the government must be made even when an assignment or transfer is pro forma in nature and therefore filed on FCC Form 316.

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Authorizing Statute(s): US Code: 47 USC 154(i) and 310(d) 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-AJ23	Final or interim final rulemaking	75 FR 9797	03/04/2010

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 6663	02/10/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 19396	04/14/2010
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
Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or.....	FCC Form 316	Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer of Control of Entity Holding Broadcast Station Construction Permit or License
Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corportaion Holding Broadcast Station Construction Permit or License	FCC Form 316	Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer of Control of Entity Holding Broadcast Station Construction Permit or License

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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	750	750	0	0	0	0
Annual Time Burden (Hours)	1,231	855	0	376	0	0
Annual Cost Burden (Dollars)	711,150	425,150	0	107,250	178,750	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: January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking in MB Docket No. 09-52, FCC 10-24, in this proceeding. This Order will revise FCC Form 316 to add the broadcast auction-based questions presently included on FCC Forms 314 and 315, specifically asking the applicants to certify that the proposed assignment or transfer complies with the unjust enrichment provisions of the Commission’s competitive bidding rules. The annual burden hours have increased by +376 (program change) and the annual costs have increased by +$286,000 ($178,750 of this amount is an adjustment to this collection based on an increase in consulting fees and $107,250 of the amount is a program change based on the information collection requirements adopted in FCC 10-24).

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Annual Cost to Federal Government: $63,527

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]? No

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: 04/14/2010

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