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 (the “Act”).
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:
On January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking in MB Docket No. 09-52, FCC 10-24.2 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 Second R&O adopts modifications to the manner in which the Commission awards preferences to applicants under the provisions of Section 307(b) of the Act.3 For Section 307(b) purposes, licensees and permittees seeking to change community of license must demonstrate that the facility at the new community represents a preferential arrangement of allotments (FM) or assignments (AM) over the current facility. Applications that are submitted to change an existing radio facility’s community of license must include an Exhibit containing information demonstrating that the proposed change of community of license will result in a preferential arrangement of allotments or assignments under Section 307(b).
Consistent with actions taken by the Commission in the Second R&O, the Instructions to the Form 301 have been revised to incorporate the information that must be included in the Exhibit, which is responsive to the “Community of License Change – Section 307(b)” question in the Form 301.4 The Form 301 itself has not been revised, nor have any questions been added to the Form 301. Rather, the Instructions for the Form 301 have been revised to assist applicants with completing the mandatory, responsive Exhibit.
When analyzing applications under Section 307(b), the Commission uses four priorities.5 The first two, provision of first and second fulltime aural reception service, are rarely used, as most populated sections of the country receive at least two radio services. Most applicants claim to provide either first local transmission service under Priority (3), or make a showing under “other public interest matters,” Priority (4). The modifications to the Commission’s allotment and assignment policies adopted in the Second R&O generally de-emphasize additional service at communities located in or near Urbanized Areas, service to already well-served areas, and simple population differences. The new policies include a rebuttable “Urbanized Area service presumption” under Priority (3), whereby an application to locate or relocate a station as the first local transmission service at a community located within an Urbanized Area, that would place a daytime principal community signal over 50 percent or more of an Urbanized Area, or that could be modified to provide such coverage, will be presumed to be a proposal to serve the Urbanized Area rather than the proposed community. In the case of an AM station, the determination of whether a proposed facility “could be modified” to cover 50 percent or more of an Urbanized Area will be made based on the applicant’s certification in the Exhibit that there could be no rule-compliant minor modifications to the proposal, based on the antenna configuration or site, and spectrum availability as of the filing date, that could cause the station to place a principal community contour over 50 percent or more of an Urbanized Area. In the case of an FM station, the determination of whether a proposed facility “could be modified” to cover 50 percent or more of an Urbanized Area will be based on an applicant’s certification in the Exhibit that there are no existing towers in the area to which, at the time of filing, the applicant’s antenna could be relocated pursuant to a minor modification application to serve 50 percent or more of an Urbanized Area.6 To the extent the applicant wishes to rebut the Urbanized Area service presumption, the Exhibit must include a compelling showing (a) that the proposed community is truly independent from the Urbanized Area; (b) of the community’s specific need for an outlet of local expression separate from the Urbanized Area; and (c) the ability of the proposed station to provide that outlet.
Allotment and assignment policy modifications adopted in the Second R&O will place greater emphasis on proposals to serve populations receiving five or fewer radio services, and less emphasis on raw population comparisons. Such population comparisons are typically made under Priority (4), other public interest matters. To this end, in the Exhibit applicants must provide a description of all populations gaining or losing third, fourth, or fifth reception service, and the percentage of the population in the station’s current protected contour that will lose third, fourth, or fifth reception service, if any. The Commission will also require applicants to not only set forth the populations gaining and losing service under the proposal, but also the numbers of services those populations will receive if the application is granted, and an explanation as to how the proposal provides a preferential arrangement of allotments or assignments and advances the revised Section 307(b) policies.7 Finally, under Priority (4) applicants may offer any other information they believe pertinent to a public interest showing and relevant to the Commission’s consideration.
This information collection is being revised to accommodate the Section 307(b) exhibits submitted under the revised policies contained in FCC 11-28. This revision regarding FCC Form 301 needs OMB review and 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 (76 FR 15977) on March 22, 2011. 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 668
FM New & Major 298
FM Minor Change 1,200
With FM Multiple
Ownership Showings 274
FM Community of License Minor Change
Applications 1459
TV Minor Change 200
DTV 1,220
With TV Multiple
Ownership Showings 30
DTS 100
Total Number of Respondents: 4,544 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 66 6.0 hours 396 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 145 5.50 hours 797.50 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
DTS10 100 3 hours 300 hours
Newspaper Requirements 3,436 1 hour 3,436 hours
Totals: 7,980 20,257.25 hours
(responses) (20,257 hrs. rounded)
Total Number of Responses: 7,980 FCC Form 301 Filings and Newspaper Notices
Total Annual Burden Hours: 20,257 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 66 6.0 hours $48.08 $19,039.68
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 145 5.50 hours $48.08 $38,343.80
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: $980,459.38
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 12 hours 66 $ 237,600
Change $250 100 hours 66 $1,650,000
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 6 hours 145 $ 261,000
Change $250 94 hours 145 $ 3,407,500
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: $80,695,288
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 66 $ 830 $ 54,780
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 145 $ 830 $ 120,350
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: $6,975,300
98511 new/major/community of license change applications x 4 x $113.25 = $446,205 in publication costs
Annual Cost Burden: $80,695,288 + $6,975,300 + $446,205 = $88,116,793
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 = 77412
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 = 66
601 applications x $55.78/hour x 1 hour = $ 33,523.78
601 applications x $55.78/hour x 30 hours = $1,005,713.40
(No GS-11 Step-5 paraprofessional review required)
601 applications x $18.07/hour x 2 hours = $ 21,720.14
$1,060,957.32
Minor FM Applications = 1,200
FM Multiple Ownership Showings = 274
FM Community of License Change Minor Applications = 145
1,619 applications x $55.78/hour x 1 hour = $ 90,307.82
1,619 applications x $55.78/hour x 20 hours = $1,806,156.40
(No GS-11 Step 5 paraprofessional review required)
1,619 applications x $18.07/hour x 2 hours = $ 58,510.66
$1,954,974.88
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: $8,938,389.00
15. Reason for Changes in Burden or Cost: The Commission has program changes to the number of respondents of +91, to the annual number of responses of +91, to the annual burden hours of +696 hours and to the cost burden of +$3,020,479 due to the adoption of information collection requirements contained in the Second R&O, FCC 11-28. The increases are due to revisions to the Instructions to the Form 301 that incorporate the information that must be included in an Exhibit, which is responsive to the “Community of License Change – Section 307(b)” question in the Form 301. The Instructions for the Form 301 have been revised to assist applicants with completing this mandatory, responsive Exhibit. Section 307(b) information submitted in the responsive Exhibit will track the modifications to the Commission’s allotment and assignment policies adopted in the Second R&O.
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 The Office of Management and Budget (OMB) approved the information collection requirements contained in FCC 10-24 on June 4, 2010. The Commission is now seeking OMB approval of the information collection requirements contained in FCC 11-28.
3 Section 307(b) provides that the Commission shall, in considering modifications of licenses, “make such distribution of license, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient and equitable distribution of radio service to each of the same.”
4 For AM station applicants, the Community of License Change – Section 307(b) question is in Section III-A (AM Engineering), Item 12 of the Form 301. For FM station applicants, the Community of License Change – Section 307(b) question is in Section III-B (FM Engineering), Item 18 of the Form 301.
5 See Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 F.C.C.2d 88, 91-93 (1982). The four priorities are: (1) First fulltime aural (reception) service; (2) Second fulltime aural service; (3) First local (transmission) service; and (4) Other public interest matters. Priorities (2) and (3) are considered co-equal.
6 Specifically, an FM applicant would need to certify that there could be no rule-compliant minor modification on the proposed channel to provide a principal community signal over 50 percent or more of an Urbanized Area, in addition to covering the proposed community of license. In doing so, FM applicants will be required to consider all existing registered towers in the Commission’s Antenna Structure Registration database, in addition to any unregistered towers currently used by licensed radio stations. Furthermore, we expect all applicants to consider widely-used techniques, such as directional antennas and contour protection, when certifying that the proposal could not be modified to provide a principal community signal over the community of license and 50 percent or more of an Urbanized Area.
7 The Commission specifically stated that these modified allotment and assignment procedures will apply to any applications to change community of license that are pending as of the release date of the Second R&O, March 3, 2011. Therefore, an applicant with a pending community of license change application must file an amendment demonstrating how the proposal represents a preferential arrangement of allotments or assignments under the policy modifications adopted in the Second R&O. For example, an applicant claiming Priority (3) would have to file the above-referenced “could be modified” certification, if appropriate, or a showing to rebut the Urbanized Area service presumption, if applicable. Similarly, an applicant claiming Priority (4) will have to make a showing as to the populations gaining or losing service under the proposed community of license change, as well as the numbers of services those populations will receive if the application is granted, and an explanation as to how the proposal advances the revised Section 307(b) priorities set out in the Second R&O. See Second R&O, FCC 11-28, at 22-23 ¶ 39. Such amendments must be filed once the information collection requirements are approved by OMB and the effective date for the requirements is announced by the Commission.
8 This figure includes both an estimate as to the number of annual respondents (50), as well as the number of pending AM Form 301 applications to change community of license as of the release date of the Second R&O, March 3, 2011 (16).
9 This figure includes both an estimate as to the number of annual respondents (80), as well as the number of pending FM Form 301 applications to change community of license as of the release date of the Second R&O, March 3, 2011 (65).
10 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.
11 This number was calculated as follows: 476 AM New & Major Applications + 298 FM New & Major Applications + 66 AM Community of License Change Applications + 145 FM Community of License Change Applications = 985 Applications.
12 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 | 2011-03-22 |
| File Created | 2011-03-09 |