Application for Construction Permit for Commercial Broadcast Station, FCC Form 301

Forms and Documents

Document Name	Status
Form FCC Form 301 Application for Construction Permit for Commercial Broadcast Station, FCC Form 301 Form and Instruction	Modified
Form FCC Form 301 Application for Construction Permit for Commercial Broadcast Station, FCC Form 301 Form and Instruction	Modified
Supporting Statement OMB 3060-0027 (Form 301 February 2010 Rural).doc Supporting Statement A	2010-04-14

IC Document Collections

IC ID	Document Title	Status
29468	Application for Construction Permit for Commercial Broadcast Station, FCC Form 301 Form and Instruction	Modified
187687	Application for Construction Permit for Commercial Broadcast Station, FCC Form 301 Form and Instruction	Modified

ICR Details

OMB Control No: 3060-0027	ICR Reference No: 201004-3060-008
Status: Historical Active	Previous ICR Reference No: 200812-3060-020
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Application for Construction Permit for Commercial Broadcast Station, FCC Form 301
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: 06/04/2010
	Date Received in OIRA: 04/14/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2013	36 Months From Approved	04/30/2012
Responses	7,889	0	7,889
Time Burden (Hours)	19,561	0	19,291
Cost Burden (Dollars)	85,096,314	0	54,441,352

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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 changes to certain procedures associated with the award of broadcast radio construction permits by competitive bidding, including modifications to the manner in which it awards preferences to applicants under the provisions of Section 307(b) of the Communications Act of 1934, as amended (the “Act”). With regard to AM application processing, the Commission adopted a proposal to explicitly prohibit the downgrading of proposed AM facilities that receive a dispositive preference under Section 307(b) of the Act and thus are not awarded through competitive bidding. Specifically, an AM applicant that receives a dispositive preference under Section 307(b) will not be allowed to later modify that proposal to serve a smaller population or otherwise negate the factors that led to the award of the preference. The Commission imposed these restrictions for a period of four years of on-air operations. These procedural safeguards are necessary to protect the integrity of our Section 307(b) analyses.

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Authorizing Statute(s): US Code: 47 USC 154(i) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 308 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 303 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 Construction Permit for Commercial Broadcast Station, FCC Form 301	FCC Form 301	Application for Construction Permit for a Commercial Broadcast Station
Application for Construction Permit for Commercial Broadcast Station, FCC Form 301	FCC Form 301	Application for Construction Permit for a Commercial Broadcast Station

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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	7,889	7,889	0	0	0	0
Annual Time Burden (Hours)	19,561	19,291	0	270	0	0
Annual Cost Burden (Dollars)	85,096,314	54,441,352	0	40,538	30,614,424	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 +270 hours and cost burden of +$40,537.50 ($40,538 rounded) due to the adoption of information collection requirements contained in the Order. The increases are due to revisions made to FCC 301 to include a new question asking AM broadcast applicants to certify that the construction permit application complies with the four year “substantial equivalency” service requirements if the AM facility that is the subject of the application was awarded on the basis of a dispositive Section 307(b) preference. These changes reflect an increase by one quarter hour per application for AM applicants and/or their consulting engineers to evaluate compliance with FCC rules and assess whether the facility provides service substantially as proposed for those applicants that had received a dispositive preference under Section 307(b) of the Act. We also made modifications to the instructions for the Legal Section (Instructions, Section III A - AM Engineering) of Form 301 that do not add burdens because they are editorial in nature. The Commission also had adjustments to the annual cost burden of +$40,614,424 which were due to increases in consulting fees.

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Annual Cost to Federal Government: $8,830,736

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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