Creation of a Low Power Radio Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Fourth Report and Order and Third Order on Reconsideration..Top 50 Market .

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-xxxx LPFM Amendment Showing 2012 with top 50.doc Supporting Statement A	2012-05-30

IC Document Collections

IC ID	Document Title	Status
202427	Top 50 Market Preclusion Showings Other-Rulemaking	New
202426	Top 50 Market Preclusion Showings Other-Rulemaking	New

ICR Details

OMB Control No: 3060-1172	ICR Reference No: 201205-3060-015
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Creation of a Low Power Radio Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Fourth Report and Order and Third Order on Reconsideration..Top 50 Market .
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: Approved without change	Conclusion Date: 07/24/2012
	Date Received in OIRA: 05/30/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2015	36 Months From Approved
Responses	1,300	0	0
Time Burden (Hours)	2,600	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: On July 12, 2011, the Commission released a Third Further Notice of Proposed Rule Making ("Third Further Notice") in this proceeding, seeking comment on the impact of the enactment of the Local Community Radio Act of 2010 ("LCRA") on the procedures previously adopted to process the approximately 6,500 applications that remain pending from the 2003 Auction No. 83 FM translator window. The Third Further Notice tentatively concluded that a market-specific, spectrum availability-based translator application dismissal policy would most faithfully implement Section 5 of the LCRA. To determine low power FM (LPFM) opportunities in major markets, the Bureau undertook a nationwide LPFM spectrum availability analysis. The Bureau studied all top 150 radio markets, plus markets with 4 or more pending translator applications, centering a thirty-minute latitude by thirty-minute longitude grid over the center-city coordinates of each studied market. Each grid consisted of 961 points – 31 points running east/west by 31 points running north/south ("31x31 grid"). The Bureau analyzed each of the 100 FM channels at each grid point to determine whether any channels remained available for future LPFM stations at that location. The Commission proposed to dismiss all pending applications for new FM translators in any market in which the number of available LPFM channels was below a specified LPFM channel floor, and to process all pending applications for new translators in markets in which the number of available LPFM channels met or exceeded the applicable LPFM channel floor. It also proposed a freeze on modification applications in the "process all" markets to preserve LPFM opportunities. On March 19, 2012, the Commission adopted a Fourth Report and Order and Third Order on Reconsideration ("Fourth Report and Order"). It adopts the market-based dismissal policy proposed in the Third Further Notice, with certain modifications. Among other things, it gives all translator applicants a limited opportunity to amend their proposals. It holds that translator applicants in "process all" (or "spectrum available") markets may modify their proposals so long as they do not preclude any LPFM channel/point combination identified in the Bureau's study ("Process All Amendments"). It further holds that translator applicants with proposals in "dismiss all" (or "spectrum limited") markets will be allowed to modify their proposals to eliminate their preclusive impact on any of the LPFM point/channel combinations that would be available within the grid if all translator window applications in that market were dismissed ("Dismiss All Amendments") ("Process All Amendments" and "Dismiss All Amendments" are collectively referred to herein as, "Amendments"). In addition, any translator applicant in any top 50 spectrum limited market must demonstrate that its out-of-grid proposal would not preclude the only LPFM station licensing opportunity at that location ("Top 50 Market Preclusion Showing"). Specifically, it needs to demonstrate either that no LPFM station could be licensed at the proposed transmitter site or, if an LPFM station could be licensed at the site, that an additional channel remains available for a future LPFM station at the same site.

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Authorizing Statute(s): US Code: 47 USC 154(i) Name of Law: Communications 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-AJ07	Final or interim final rulemaking	77 FR 21002	04/09/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 17476	03/26/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 31849	05/30/2012
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Top 50 Market Preclusion Showings
Top 50 Market Preclusion Showings

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ICR Summary 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	1,300	0	0	1,300	0	0
Annual Time Burden (Hours)	2,600	0	0	2,600	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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. Once the collection is approved by OMB, 500 respondents, 1,300 responses and 2,600 burden hours will be added to OMB's inventory.

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Annual Cost to Federal Government: $37,139

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: 05/30/2012

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