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....
ICR 201105-3060-024
OMB: 3060-0029
Federal Form Document
⚠️ Notice: This information collection may be outdated. More recent filings for OMB 3060-0029 can be found here:
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....
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.
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
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.
$3,670,327
No
No
No
No
No
Uncollected
Lisa Scalan 202
418-2700
No
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.
Form FCC Form 340 Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....
Supporting Statement OMB 3060-0029 (2011) Rural Radio Second RO.doc
Channel Noncommercial Educational (NCE) Broadcast Station; Application for Authority to Construct or.....