Section 307(b) of the Communications Act requires that the Commission effect a fair, efficient and equitable distribution of radio stations throughout the United States. In the context of competitive bidding application processing, Section 307(b) is relevant when a mutually exclusive AM application group consists of applications to serve different communities, or when a non-mutually exclusive AM application proposes a community of license change. Such applicants must submit supplemental information addressing Section 307(b) criteria. The data submitted will be used to determine the community having the greater need for an AM radio service.
On March 3, 2011, the Commission adopted a Second Report and Order ("Second R&O"), First Order on Reconsideration, and Second Further Notice of Proposed Rule Making in MB Docket No. 09-52, FCC 11-28. The First Order on Reconsideration modifies the initially adopted Tribal Priority coverage requirement, by creating an alternate coverage standard under criterion (2), enabling Tribes to qualify for the Tribal Priority even when their tribal lands are too small or irregularly shaped to comprise 50 percent of a station's signal. In such circumstances, Tribes may claim the priority (i) if the proposed principal community contour encompasses 50 percent or more of that Tribe's tribal lands, but does not cover more than 50 percent of the tribal lands of a non-applicant Tribe; (ii) serves at least 2,000 people living on tribal lands, and (iii) the total population on tribal lands residing within the station's service contour constitutes at least 50 percent of the total covered population, with provision for waivers as necessary to effectuate the goals of the Tribal Priority. This modification will now enable Tribes with small or irregularly shaped lands to qualify for the Tribal Priority.
On March 3, 2011, the Commission adopted a Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making in MB Docket No. 09-52, FCC 11-28. As a result of this action, we have program changes of +50 to the number of respondents, +50 to the annual number of responses, +654 to the annual burden hours and +$2,054,900 to the annual cost burden for this information collection.
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.