Commercial Advertisement Loudness Mitigation ("CALM") Act; Financial Hardship and General Waiver Requests

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-xxxx CALM NPRM waiver requests (NEW).doc Supporting Statement A	2011-06-03

IC Document Collections

IC ID	Document Title	Status
197962	CALM	New

ICR Details

OMB Control No: 3060-1154	ICR Reference No: 201106-3060-005
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Commercial Advertisement Loudness Mitigation ("CALM") Act; Financial Hardship and General Waiver Requests
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 07/15/2011
	Date Received in OIRA: 06/03/2011
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2014	36 Months From Approved
Responses	4,500	0	0
Time Burden (Hours)	90,000	0	0
Cost Burden (Dollars)	2,700,000	0	0

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Abstract: On May 27, 2011, the FCC released a Notice of Proposed Rulemaking ("NPRM"), FCC 11-84, proposing rules to implement the Commercial Advertisement Loudness Mitigation ("CALM") Act. Among other things, the CALM Act directs the Commission to incorporate into its rules by reference and make mandatory a technical standard developed by an industry standard-setting body that is designed to prevent television commercial advertisements from being transmitted at louder volumes than the program material they accompany. Specifically, the CALM Act requires the Commission to incorporate by reference the Advanced Television Systems Committee ("ATSC") A/85 Recommended Practice ("ATSC A/85 RP") and make it mandatory "insofar as such recommended practice concerns the transmission of commercial advertisements by a television broadcast station, cable operator, or other multichannel video programming distributor." As mandated by the statute, the proposed rules will apply to TV broadcasters, cable operators and other multichannel video programming distributors ("MVPDs").

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Authorizing Statute(s): US Code: 47 USC 151, 152, 154(i), 303(r) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 621 Name of Law: Commercial Advertisement Loudness Mitigation Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AJ65	Proposed rulemaking	76 FR 32116	06/03/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 32116	06/03/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 32116	06/03/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
CALM

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ICR Summary of Burden

	Total Request	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	4,500	0	0	4,500	0	0
Annual Time Burden (Hours)	90,000	0	0	90,000	0	0
Annual Cost Burden (Dollars)	2,700,000	0	0	2,700,000	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: This is a new information collection. It will add program changes/increases of 4,500 respondents, 4,500 responses, 90,000 burden hours and $2,700,000 in annual cost to OMB's inventory once it is approved.

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Annual Cost to Federal Government: $14,723,640

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: 06/03/2011

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