On January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking ("First R&O") in MB Docket No. 09-52, FCC 10-24. To enhance the ability of federally recognized Native American Tribes to provide vital radio services to their citizens on Tribal lands, in the First R&O the Commission established a Tribal Priority for use in its radio licensing procedures. 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. On December 28, 2011, the Commission adopted a Third Report and Order in MB Docket No. 09-52, FCC 11-190 ("Third R&O"). In the Third R&O the Commission further refined the use of the Tribal Priority in the commercial FM context, specifically adopting a "threshold qualifications" approach to commercial FM application processing.
US Code:
47 USC 154(i)
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 308
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 303
Name of Law: Communications Act of 1934, as amended
The Commission has program changes to the number of respondents of +60, to the annual number of responses of +60, to the annual burden hours of +240 hours and to the cost burden of +$2,393,099 due to the adoption of information collection requirements contained in the Third R&O, FCC 11-190. The increases are due to newly adopted "threshold qualification" procedures and revisions to the Form 301 to accommodate applicants applying in a TQ Window for a Tribal Allotment. An applicant answering "yes" to the new question must provide an Exhibit demonstrating that it meets all of the Tribal Priority eligibility criteria. The Instructions for the Form 301 have been revised to assist applicants with completing the responsive Exhibit.
The Commission also has adjustments to the annual cost burden of $150,490 which are due to increases in filing fees for FM New and Major Applications from $2,980 to $3,485.
$9,146,699
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.