Application for Construction Permit for Reserved Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or Make Changes in an FM Translator or FM Booster....

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form FCC Form 340 Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....	Form and Instruction	Modified	Repair queued
Form FCC Form 340 Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....	Form and Instruction	Modified	Repair queued
Supporting Statement OMB 3060-0029 (2011) Rural Radio Second RO.doc	Supporting Statement A	Uploaded 2011-05-26	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
29475	Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....	Form and Instruction	Modified
178332	Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....	Form and Instruction	Modified

ICR Details

OMB Control No: 3060-0029	ICR Reference No: 201105-3060-024
Status: Historical Active	Previous ICR Reference No: 201004-3060-011
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Application for Construction Permit for Reserved Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or Make Changes in an FM Translator or FM Booster....
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: 07/11/2011
	Date Received in OIRA: 05/26/2011
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2014	36 Months From Approved	06/30/2013
Responses	2,765	0	2,710
Time Burden (Hours)	7,150	0	6,700
Cost Burden (Dollars)	29,079,700	0	27,894,950

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Abstract: 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 (released March 3, 2011). In the First Report and Order, the Commission adopted the Tribal Priority proposed in the Notice of Proposed Rule Making, with some modifications. Under the Tribal Priority, a Section 307(b) priority will apply to an applicant meeting all of the following criteria: (1) the applicant is either a federally recognized Tribe or tribal consortium, or an entity 51 percent or more owned or controlled by a Tribe or Tribes; (2) at least 50 percent of the daytime principal community contour of the proposed facilities covers Tribal Lands, in addition to meeting all other Commission technical standards; (3) the specified community of license is located on Tribal Lands; and (4) the applicant proposes the first local tribal-owned noncommercial educational transmission service at the proposed community of license. The proposed Tribal Priority would apply, if at all, before the fair distribution analysis currently used to evaluate noncommercial educational applications. The Tribal Priority does not prevail over an applicant proposing first overall reception service to a significant population. The First Order on Reconsideration modifies the initially adopted Tribal Priority coverage requirement, by creating an alternative 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 radio station's signal. In such circumstances, Tribes may claim the priority (i) if the proposed principal community contour of the station 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 enable Tribes with small or irregularly shaped lands to qualify for the Tribal Priority. The First Order on Reconsideration also provides that, under criterion (2), even an applicant whose Tribal Lands would be covered by 50 percent or more of the proposed principal community contour (the original coverage standard set forth in the First Report and Order) may not claim the credit if the principal community contour would cover more than 50 percent of the Tribal Lands of a non-applicant Tribe.

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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 303 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 308 Name of Law: Communicatins 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	76 FR 18943	04/06/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 15977	03/22/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 30708	05/26/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....	FCC Form 340	Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station
Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....	FCC Form 340	Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station

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ICR Summary of Burden

table that charts list 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	2,765	2,710	0	55	0	0
Annual Time Burden (Hours)	7,150	6,700	0	450	0	0
Annual Cost Burden (Dollars)	29,079,700	27,894,950	0	1,184,750	0	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 had program changes of +55 to the number of respondents, +55 to the annual number of responses, +450 to the annual burden hours and +$1,184,750 to the annual cost burden. These program changes were a result of the adoption of a Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making on March 3, 2011, by the Commission, Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket No. 09-52, FCC 11-28, in which the Commission created an alternative standard for "Tribal Coverage," which resulted in revisions to the instructions to FCC Form 340 and adopted a new universe of filers to this information collection.

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Annual Cost to Federal Government: $3,670,327

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]? No

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: 05/26/2011

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