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 .
ICR 201205-3060-015 · OMB 3060-1172 · Historical Active
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 .
New collection (Request for a new OMB Control Number)
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.
US Code:
47 USC 154(i)
Name of Law: Communications Act of 1934, as amended
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.
$37,139
No
No
No
No
No
Uncollected
Kelly Donohue 2024188192
Reginfo record details
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.
Supporting Statement OMB 3060-xxxx LPFM Amendment Showing 2012 with top 50.doc
Top 50 Market Preclusion Showings