Application for Construction Permit for Commercial Broadcast Station, FCC Form 301
SUPPORTING STATEMENT
1. FCC Form 301 is used to apply for authority to construct a new commercial AM, FM, or TV broadcast station and to make changes to existing facilities of such a station. It may be used to request a change of a station’s community of license by AM and non-reserved band FM permittees and licensees. In addition, FM licensees or permittees may request, by filing an application on FCC Form 301, upgrades on adjacent and co-channels, modifications to adjacent channels of the same class, and downgrades to adjacent channels. All applicants using this one-step process must demonstrate that a suitable site exists that would comply with allotment standards with respect to minimum distance separation and principal community coverage and that would be suitable for tower construction. For applicants to seek a community of license change through this one-step process, the proposed facility must be mutually exclusive with the applicant’s existing facility, and the new facility must comply with the Commission’s standards with respect to minimum distance separation and principal community coverage. Applicants availing themselves of this procedure must also attach to FCC Form 301 an exhibit demonstrating that the proposed community of license change comports with the fair, efficient, and equitable distribution of radio service, pursuant to Section 307(b) of the Communications Act of 1934, as amended.
Similarly, to receive authorization for commencement of Digital Television (“DTV”) operations, commercial broadcast licensees must file FCC Form 301 for a construction permit. The application may be filed anytime after receiving the initial DTV allotment and before mid-point in the applicant’s construction period. The Commission will consider the application as a minor change in facilities. Applicants will not have to provide full legal or financial qualification information.
This collection also includes the third party disclosure requirement of 47 CFR § 73.3580. This rule requires applicants to provide local public notice, in a newspaper of general circulation published in a community in which a station is located, of requests for new or major changes in facilities and for changes of a station’s community of license by AM and non-reserved band FM permittees and licensees. The notice must be completed within 30 days of tendering the application and must be published at least twice a week for two consecutive weeks in a three-week period. A copy of the notice and the application must be placed in the station’s public inspection file, pursuant to Section 73.3527.1
Revised Information Collections Requirements Which Require OMB Approval:
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”).2 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.3 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.
Consistent with actions taken by the Commission in the Order, FCC Form 3014 has been revised to add questions, specifically asking the applicants to certify that the construction permit application complies with the four year service requirements. The instructions for FCC Form 301 have been revised to assist applicants with completing the new questions. (This revision to FCC Form 301 needs OMB approval).
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 154(i), 303 and 308 of the Communications Act of 1934, as amended.
2. Agency Use of Information: The data is used by FCC staff to determine whether the applicants meet basic statutory requirements to become a Commission licensee/permittee and to assure that the public interest would be served by grant of the application.
3. Consideration Given to Information Technology: The Commission requires applicants to file FCC Form 301 electronically.
4. Effort to Identify Duplication and Use Similar Information: This agency does not impose a similar information collection on the respondents. There are no similar data available.
5. Effort to Reduce Small Business Burden: In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents. The Commission has limited the information requirements to those that are absolutely necessary for evaluating and processing the amendments to determine the community having the greater need and to deter possible abuses of the processes. Therefore, this information collection will not have a significant economic impact on small entities/businesses.
6. Less Frequent Data Collection: The frequency for filing the DTV station application will vary depending on the market. For all other uses of FCC Form 301, the frequency of filing is determined by the respondents. However, no new or modified AM, FM, TV, or DTV facilities can be obtained or modified without using FCC Form 301.
7. Information Collection Circumstances: This collection of information is consistent with the guidelines in 5 CFR § 1320.5(d)(2).
8. Public Comment Period: Opportunity for public comment on this information collection requirement has been published in the Federal Register (75 FR 6663) on February 10, 2010. No comments were received from the public.
9. Payment or Gift: No payment or gift was provided to respondents.
10. Confidentiality of Information: There is no need for confidentiality with this information collection.
11. Justification for Sensitive Questions: This information collection does not address any private matters of a sensitive nature.
12. Estimate of Burden and Burden Hour Cost: The following estimates are provided for public burden for this information collection:
AM New & Major 476
AM Minor Change 250
With AM Multiple
Ownership Showings 285
AM Community of License Minor Change
Applications 70
FM New & Major 298
FM Minor Change 1,200
With FM Multiple
Ownership Showings 274
FM Community of License Minor Change
Applications 50
TV Minor Change 200
DTV 1,220
With TV Multiple
Ownership Showings 30
DTS 100
Total Number of Respondents: 4,453 Licensees/Permittees
Number of Respondent’s Annual
Services Applications Hrly. Burden Burden Hours
AM New & Major 476 4.25 hours 2,023 hours
AM Minor Change 250 3.25 hours 812.50 hours
With AM Multiple
Ownership Showings 285 6.25 hours 1,781.25 hours
AM Community of License
Minor Change Applications 70 4.25 hours 297.50 hours
FM New & Major 298 4 hours 1,192 hours
FM Minor Change 1,200 3 hours 3,600 hours
With FM Multiple
Ownership Showings 274 6 hours 1,644 hours
FM Community of License
Minor Change Applications 50 4 hours 200 hours
TV Minor Change 200 3 hours 600 hours
DTV 1,220 3 hours 3,660 hours
With TV Multiple Ownership
Showings 30 5 hours 15 hours
DTS5 100 3 hours 300 hours
Newspaper Requirements 3,436 1 hour 3,436 hours
Totals: 7,889 19,561 hours
(responses)
Total Number of Responses: 7,889 FCC Form 301 Filings and Newspaper Notices
Total Annual Burden Hours: 19,561 hours
We assume that the respondent would consult with an outside attorney and a consulting engineer to complete an FCC Form 301. The time spent in consultation with these attorneys and consulting engineer will vary depending upon the application type.
The Commission estimates that it will take the respondent one hour to fulfill the newspaper notice requirement.
We estimate that the respondent would have an average salary of $100,000/year ($48.08/hour)
Number of Respondent’s Hrly. Wage Annual In-
Services Applications Hrly. Burden of Respondent House Cost
AM New & Major 476 4.25 hours $48.08 $97,265.84
AM Minor Change 250 3.25 hours $48.08 $39,065.00
AM Ownership Showings 285 6.25 hours $48.08 $85,642.50
AM Community of License
Change 70 4.25 hours $48.08 $14,303.80
FM New & Major 298 4 hours $48.08 $57,311.36
FM Minor Change 1,200 3 hours $48.08 $173,088.00
FM Ownership Showings 274 6 hours $48.08 $79,043.52
FM Community of License
Change 50 4 hours $48.08 $9,616.00
TV Minor Change 200 3 hours $48.08 $28,848.00
DTV 1,220 3 hours $48.08 $175,972.80
TV Multiple Ownership
Showings 30 5 hours $48.08 $7,212.00
DTS 100 3 hours $48.08 $14,424.00
Newspaper Notices 3,436 1 hour $48.08 $165,202.88
Total Annual “In House” Cost: $946,995.70
These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.
13. Cost to Respondents: We assume that the applicant would use an attorney ($300/hour) and a consulting engineer ($250/hour) to complete the FCC Form 301.
An AM, FM, or TV applicant must give local public notice of the filing of its application for a new station or for a major change in facilities. This notice must be published in a local newspaper of general circulation at least twice a week for two consecutive weeks in a three-week period. The cost of this publication is estimated to be $113.25.
Hrly. Wage Consultant’s Number of Annual
Services of Consultant Hrly. Burden Applications Cost Burden
AM:
New & Major $300 7 hours 476 $ 999,600
$250 89.25 hours 476 $10,620,750
Minor Change $300 2 hours 250 $ 150,000
$250 88.25 hours 250 $5,515,625
Multiple Ownership $300 18 hours 285 $1,539,000
Showings $250 92.25 hours 285 $6,572,813
Community of License $300 8 hours 70 $ 168,000
Change $250 90.25 hours 70 $1,579,375
FM:
New & Major $300 7 hours 298 $ 625,800
$250 71 hours 298 $5,289,500
Minor Change $300 2 hours 1,200 $ 720,000
$250 69 hours 1,200 $20,700,000
Multiple Ownership $300 28 hours 274 $ 2,301,600
Showings $250 73 hours 274 $ 5,000,500
Community of License $300 2 hours 50 $ 30,000
Change $250 70 hours 50 $ 875,000
TV:
Minor Change $300 2 hours 200 $ 120,000
$250 45 hours 200 $2,250,000
DTV: $300 2 hours 1,220 $ 732,000
$250 34 hours 1,220 $10,370,000
Multiple Ownership $300 13 hours 30 $ 117,000
Showings $250 48 hours 30 $ 360,000
DTS: $300 1 hour 100 $ 30,000
$250 45 hours 100 $1,125,000
Total AM/FM TV and DTV: $77,791,562
Number of Fee Total Fee
Fees: Applications Cost Cost
AM New & Major 476 $3,310 $1,575,560
AM Minor Change 250 $ 830 $ 207,500
AM Multiple
Ownership Showings 285 $3,310 $ 943,350
AM Community of
License Change 70 $ 830 $ 58,100
FM New & Major 298 $2,980 $ 888,040
FM Minor Change 1,200 $ 830 $ 996,000
FM Multiple
Ownership Showings 274 $2,980 $ 816,520
FM Community of
License Change 50 $ 830 $ 41,500
TV Minor Change 200 $ 830 $ 166,000
DTV 1,220 $ 830 $ 1,012,600
TV Multiple
Ownership Showings 30 $3,720 $ 111,600
DTS 100 $ 830 $ 83,000
Fee Total: $6,899,770
8946 new/major/community of license change applications x 4 x $113.25 = $404,982 in publication costs
Annual Cost Burden: $77,791,562 + $6,899,770 + $404,982 = $85,096,314
14. Cost to Federal Government: The Commission will use legal and engineering staff at the GS-14/Step 5 level ($55.78/hour), paraprofessional staff at the GS-11/Step 5 level ($33.12/hour), and clerical staff at the GS-5 level/Step 5 level ($18.07/hour) to process these applications.
New & Major Change AM/FM/TV Applications = 7747
774 applications x $55.78/hour x 41 hours = $1,770,122.50
774 applications x $55.78/hour x 20 hours = $ 863,474.40
774 applications x $33.12/hour x 1 hour = $ 25,634.88
774 applications x $18.07/hour x 2 hours = $ 27,972.36
$2,687,204.10
Minor AM Applications = 250
AM Multiple Ownership Showings = 285
AM Community of License Change Minor Applications = 70
605 applications x $55.78/hour x 1 hour = $ 33,746.90
605 applications x $55.78/hour x 30 hours = $1,012,407.00
(No GS-11 Step-5 paraprofessional review required)
605 applications x $18.07/hour x 2 hours = $ 21,864.70
$1,068,018.60
Minor FM Applications = 1,200
FM Multiple Ownership Showings = 274
FM Community of License Change Minor Applications = 50
1,524 applications x $55.78/hour x 1 hour = $ 85,008.72
1,524 applications x $55.78/hour x 20 hours = $1,700,174.40
(No GS-11 Step 5 paraprofessional review required)
1,524 applications x $18.07/hour x 2 hours = $ 55,077.36
$1,840,260.40
Minor TV Applications = 200
DTV Applications = 1,220
TV Multiple Ownership Showings = 30
1,450 applications x $55.78/hour x 1 hour = $ 80,881.00
1,450 applications x $55.78/hour x 20 hours = $2,678,778.70
1,450 applications x $33.12/hour x 6 hours = $ 288,144.00
1,450 applications x $18.07/hour x 2 hours = $ 52,403.00
$3,100,206.70
DTS Applications = 100
(No GS-14 Step 5 legal review required)
100 applications x $55.78/hour x 20 hours = $111,560.00
100 applications x $33.12/hour x 6 hours = $ 19,872.00
100 applications x $18.07/hour x 2 hours = $ 3,614.00
$135,046.00
Total Cost to the Federal Government: $8,830,735.80
15. Reason for Changes in Burden or Cost: 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.
16. Plans for Publication: The data will not be published.
17. Display of OMB Approval Date: We request extension of the waiver not to publish the expiration date on the form. This will obviate the need for the Commission to update electronic forms upon the expiration of the clearance. OMB approval of the expiration date of the information collection will be displayed at 47 CFR § 0.408.
18. Exceptions 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.
1 The recordkeeping information collection requirement is contained in OMB Control Number 3060-0214, which covers Section 73.3527.
2 With respect to AM applications, a traditional Section 307(b) analysis is undertaken by the staff prior to conducting auctions of competing applications. If the staff’s Section 307(b) determination is dispositive, the staff will grant the preferred application and the competing applicants in the group do not proceed to auction.
3 An AM applicant receiving a Section 307(b) preference may modify its facilities so long as the proposed modification does not result in a decrease of more than 20 percent of the population figure that was a factor in obtaining the preference. This requirement is referred to in the Order as the “substantial equivalency” standard. Similarly, applicants that received a Section 307(b) preference for proposing the first local transmission service to a community are restricted from changing the community of license.
4 47 CFR Section 73.3571 is the rule section that is being amended to add a new subsection (k) to the rule and resulted in FCC Form 301 being revised.
5 DTS technologies are covered under 47 CFR § 73.626, which authorizes the use of distributed transmission system (“DTS”) technologies in the digital television (“DTV”) service and also authorized changes to FCC Form 301 that are necessary to accommodate applications for a DTS facility.
6 This number was calculated as follows: 476 AM New & Major Applications + 298 FM New & Major Applications + 70 AM Community of License Change Applications + 50 FM Community of License Change Applications = 894 Applications.
7 This number was calculated as follows: 476 AM New & Major Applications + 298 FM New & Major Applications = 774 Applications.
| File Type | application/msword |
| File Title | SUPPORTING STATEMENT |
| Author | Thomas.Nessinger |
| Last Modified By | cathy.williams |
| File Modified | 2010-04-14 |
| File Created | 2009-12-16 |