Supporting Statement OMB 3060-0016 2010

OMB Control Number: 3060-0016 January 2011

Title: Application for Authority to Construct or Make Changes in a Low Power TV, TV Translator or TV Booster Station, FCC Form 346

SUPPORTING STATEMENT

A. Justification:

1. FCC Form 346 is used by licensees/permittees/applicants when applying for authority to construct or make changes in a Low Power Television, TV Translator or TV Booster broadcast station.

On September 9, 2004, the Commission adopted a Report and Order, FCC 04-220, MB Docket Number 03-185, In the Matter of Parts 73 and 74 of the Commission’s Rules to Established Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations. To implement the new rules, the Commission revised FCC Form 346 to allow licensees/permittees/applicants to use the revised FCC Form 346 to file for digital stations or for conversion of existing analog stations to digital stations.

Applicants are also subject to the third party disclosure requirement of 47 CFR Section 73.3580. This section requires local public notice in a newspaper of general circulation of the filing of all applications for new or major changes in facilities. This notice must be completed within 30 days of the tendering of the application. This notice must be published at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be locally maintained along with the application. .¹

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, 307, 308, and 309 of the Communications Act of 1934, as amended.

2. The data are used by FCC staff to determine if the applicant is qualified, meets basic statutory and treaty requirements and will not cause interference to other authorized broadcast services.

3. On May 13, 2002, the Commission released Public Notice DA 02-1087 announcing the mandatory electronic filing of FCC Form 346. Mandatory electronic filing for these forms began on May 21, 2002. Paper-filed copies of FCC Form 346 will be accepted only if accompanied by an appropriate request for waiver of the electronic filing requirement. Waivers will not be routinely granted and filers should plead with particularity the facts and circumstances warranting grant of a waiver.

4. No other agency imposes a similar information collection on the respondents. There are no similar data available.

5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents. Therefore, this information collection will not have a significant economic impact on a substantial number of small entities/businesses.

6. The frequency for filing is determined by respondents, as necessary.

7. This collection of information is consistent with the guidelines in 5 CFR Section 1320.5(d)(2).

8. The Commission published a Notice in the Federal Register on November 17, 2010 (75 FR 70260) seeking public comment on the information collection requirements contained in this supporting statement. The Commission has not received any comments from the public following publication of the Notice.

9. No payment or gift was provided to respondents.

10. There is no need for confidentiality with this collection of information.

11. This form does not address any private matter.

12. We estimate that applicants/licensees/permittees will prepare and file 3,500 applications annually. The estimated average burden on each applicant/licensee is seven (7) hours.

The respondents will complete the legal portion of the form which requires approximately 5 hours. Also the respondent will use in-house station engineers to complete a portion of the engineering portion of the form which requires approximately two (2) hours.

The respondents’ estimated salary is $30,000/year ($14.42/hour). The station engineers’ salary is estimated at $8.00/hour.

These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.

Total Number of Annual Respondents: 3,500 Licensees/Applicants/Permittees

Total Number of Annual Responses: 3,500 FCC Forms 346 Applications

Annual Burden Hours:

3,500 applications x 5 hours to complete legal portion of the form = 17,500 hours 3,500 applications x 2 hours to complete in-house engineering review = 7,000 hours

Total Annual Burden Hours: 24,500 hours

Annual “In-house cost”:

3,500 applications x 5 hours to complete legal portion of the form x $48.08/hour = $841,400

3,500 applications x 2 hours to complete in-house engineering review x $45.00/hour = $315,000 Total Annual “In House” Cost: $1,156,400

13. In addition to “in-house” staff work, each applicant/licensee/permittees will require use a communications attorney and a consulting engineer to assist in preparing and filing FCC Form 346. We estimate these attorneys will spend approximately one hour reviewing the form and will charge approximately $300/hour for the legal review. We also assume that a consulting engineer will spend approximately 12 hours to complete certain engineering aspects of FCC Form 346 and will charge the respondent $250/hour for the engineering services. In addition, each applicant/licensee must submit a $545 application fee with FCC Form 346.

As required by the third party disclosure requirements of 47 CFR Section 73.3580, the applicant/licensee must give local public notice of the filing of its application for a new or 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—four public notice advertisements in all. We estimate the cost of this publication to be $113.25/publication.

3,500 applications x 1 hour/consulting attorney x $300/hour = $ 1,050,000

3,500 applications x 12 hours/consulting engineer x $250/hour = $10,500,000

3,500 applications x $545/application = $ 1,907,500

3,500 notices x 4 notices/applicant x $113.25/publication = $ 1,585,500

Total Annual Burden Cost: $15,043,000

14. The Commission will use legal and engineering staff at the GS-14, step 5 level ($57.13/hour); clerical staff at the GS-5, step 5 level ($18.50/hour) and paraprofessional staff at the GS-9, step 5 level ($28.04/hour) to review and process these applications.

Attorney 3 hrs. x $57.13/hour x 3,500 applications = $599,865

Engineer 3 hrs. x $57.13/hour x 3,500 applications = $599,865

Clerical 5 hrs. x $18.50/hour x 3,500 applications = $323,750

Paraprofessional 4 hrs. x $28.04/hour x 3,500 applications = $392,560

Total Cost to the Federal Government = $1,916,040

15. There are no program changes. There are adjustments to the total annual cost burden of +$4,550,000. These adjustments are due to increases in consulting fees.

16. The data will not be published.

17. An extension of the waiver not to publish the expiration date on the form is requested. 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 Section 0.408.

18. 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 See OMB control number 3060-0214 for the burden associated with the recordkeeping requirement for the newspaper notices and application pursuant to Section 73.3527.

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