Application for Construction Permit for Commercial Broadcast Station, FCC Form 301; 47 CFR Section 73.3700
SUPPORTING STATEMENT
1. FCC Form 301 is used to apply for authority to construct a new commercial AM, FM, or TV broadcast station and to make changes to existing facilities of such a station. It may be used to request a change of a station’s community of license by AM and non-reserved band FM permittees and licensees. In addition, FM licensees or permittees may request, by filing an application on FCC Form 301, upgrades on adjacent and co-channels, modifications to adjacent channels of the same class, and downgrades to adjacent channels. All applicants using this one-step process must demonstrate that a suitable site exists that would comply with allotment standards with respect to minimum distance separation and principal community coverage and that would be suitable for tower construction. For applicants to seek a community of license change through this one-step process, the proposed facility must be mutually exclusive with the applicant’s existing facility, and the new facility must comply with the Commission’s standards with respect to minimum distance separation and principal community coverage. Applicants availing themselves of this procedure must also attach to FCC Form 301 an exhibit demonstrating that the proposed community of license change comports with the fair, efficient, and equitable distribution of radio service, pursuant to Section 307(b) of the Communications Act of 1934, as amended (the “Act”).
Similarly, to receive authorization for commencement of Digital Television (“DTV”) operations, commercial broadcast licensees must file FCC Form 301 for a construction permit. The application may be filed anytime after receiving the initial DTV allotment and before mid-point in the applicant’s construction period. The Commission will consider the application as a minor change in facilities. Applicants will not have to provide full legal or financial qualification information.
Moreover, to enhance the ability of federally recognized Native American Tribes to provide vital radio services to their citizens on Tribal lands, the Tribal Priority for use in its radio licensing procedures was adopted by the Commission. Therefore, FCC Form 301 is used by applicants when they are applying in a Threshold Qualifications Window for a Tribal Allotment that had been added to the FM Table of Allotments using the Tribal Priority under the “threshold qualifications” procedures.
This collection also includes the third party disclosure requirement of 47 CFR § 73.3580. This rule requires applicants to provide local public notice, in a newspaper of general circulation published in a community in which a station is located, of requests for new or major changes in facilities and for changes of a station’s community of license by AM and non-reserved band FM permittees and licensees. The notice must be completed within 30 days of tendering the application and must be published at least twice a week for two consecutive weeks in a three-week period. A copy of the notice and the application must be placed in the station’s public inspection file, pursuant to Section 73.3527.1
Revised Information Collections Requirements:
On October 2, 2012, the Commission released the Notice of Proposed Rulemaking, Expanding the Economic and Innovative Opportunities of Spectrum Through Incentive Auctions, Docket No. 12-268, FCC 12-118 (“IA NPRM”). The IA NPRM contains rules and policies for the incentive auction mandated by Congress in the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 125 Stat. 156 (2012). Following the completion of the incentive auction process, all repacked2 full power television stations will need to file FCC Form 301 for their new channel facility. This new requirement is provided in 47 C.F.R. § 73.3700.
This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.
Statutory authority for this collection of information is contained in Sections 154(i), 303 and 308 of the Communications Act of 1934, as amended.
2. Agency Use of Information: FCC staff use the data to determine whether the applicants meet basic statutory requirements to become a Commission licensee/permittee and to assure that the public interest would be served by grant of the application.
3. Consideration Given to Information Technology: The Commission requires applicants to file FCC Form 301 electronically.
4. Effort to Identify Duplication and Use Similar Information: This agency does not impose a similar information collection on the respondents. There are no similar data available.
5. Effort to Reduce Small Business Burden: In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents. The Commission has limited the information requirements to those that are absolutely necessary for evaluating and processing the applications filed in a TQ Window and to deter possible abuses of the processes. Therefore, this information collection will not have a significant economic impact on small entities/businesses.
6. Less Frequent Data Collection: The frequency for filing the DTV station application will vary depending on the market. For all other uses of FCC Form 301, the frequency of filing is determined by the respondents. However, no new or modified AM, FM, TV, or DTV facilities can be obtained or modified without using FCC Form 301.
7. Information Collection Circumstances: This collection of information is consistent with the guidelines in 5 CFR § 1320.5(d)(2).
8. Public Comment Period: Opportunity for public comment on this information collection requirement has been published in the Federal Register (77 FR 69934) on November 21, 2012. To date, no comments were received from the public.
9. Payment or Gift: No payment or gift was provided to respondents.
10. Confidentiality of Information: There is no need for confidentiality with this information collection.
11. Justification for Sensitive Questions: This information collection does not address any private matters of a sensitive nature.
12. Estimate of Burden and Burden Hour Cost: The following estimates are provided for public burden for this information collection:
AM New & Major 476
AM Minor Change 250
With AM Multiple
Ownership Showings 285
AM Community of License Minor Change
Applications 66
FM New & Major 298
FM New with P4RM to Amend FM Table
Using Tribal Priority 3 20
FM New filed in TQ Window 40
FM Minor Change 1,200
With FM Multiple
Ownership Showings 274
FM Community of License Minor Change
Applications 145
TV Minor Change 200
DTV 1,220
With TV Multiple
Ownership Showings 30
DTS 100
Repacked Full Power Television Stations 1,7834
Total Number of Respondents: 6,387 Licensees/Permittees
Number of Respondent’s Annual
Services Applications Hrly. Burden Burden Hours
AM New & Major 476 4.25 hours 2,023 hours
AM Minor Change 250 3.25 hours 812.50 hours
With AM Multiple
Ownership Showings 285 6.25 hours 1,781.25 hours
AM Community of License
Minor Change Applications 66 6 hours 396 hours
FM New & Major 298 4 hours 1,192 hours
FM New with P4RM to Amend
FM Table Using Tribal Priority 20 4 hours 80 hours
FM New filed in TQ Window 40 4 hours 160 hours
FM Minor Change 1,200 3 hours 3,600 hours
With FM Multiple
Ownership Showings 274 6 hours 1,644 hours
FM Community of License
Minor Change Applications 145 5.50 hours 797.50 hours
TV Minor Change 200 3 hours 600 hours
DTV 1,220 3 hours 3,660 hours
With TV Multiple Ownership
Showings 30 5 hours 15 hours
DTS5 100 3 hours 300 hours
Newspaper Requirements 3,436 1 hour 3,436 hours
Repacked TV Stations 1,783 6 hours 10,698 hours
Totals: 9,823 31,195.25 hours
(responses) (31,195 hrs. rounded)
Total Number of Responses: 9,823 FCC Form 301 Filings and Newspaper Notices
Total Annual Burden Hours: 31,195 hours
We assume that the respondent would consult with an outside attorney and a consulting engineer to complete an FCC Form 301. The time spent in consultation with these attorneys and consulting engineer will vary depending upon the application type.
The Commission estimates that it will take the respondent one hour to fulfill the newspaper notice requirement.
We estimate that the respondent would have an average salary of $100,000/year ($48.08/hour).
Number of Respondent’s Hrly. Wage Annual In-
Services Applications Hrly. Burden of Respondent House Cost
AM New & Major 476 4.25 hours $48.08 $97,265.84
AM Minor Change 250 3.25 hours $48.08 $39,065.00
AM Ownership Showings 285 6.25 hours $48.08 $85,642.50
AM Community of License
Change 66 6 hours $48.08 $19,039.68
FM New & Major 298 4 hours $48.08 $57,311.36
FM New with P4RM to Amend
FM Table Using Tribal Priority 20 4 hours $48.08 $3,846.40
FM New filed in TQ Window 40 4 hours $48.08 $7,692.80
FM Minor Change 1,200 3 hours $48.08 $173,088.00
FM Ownership Showings 274 6 hours $48.08 $79,043.52
FM Community of License
Change 145 5.50 hours $48.08 $38,343.80
TV Minor Change 200 3 hours $48.08 $28,848.00
DTV 1,220 3 hours $48.08 $175,972.80
TV Multiple Ownership
Showings 30 5 hours $48.08 $7,212.00
DTS 100 3 hours $48.08 $14,424.00
Newspaper Notices 3,436 1 hour $48.08 $165,202.88
Repacked Minor Change 1,783 6 hours $48.08 $514,359.84
Total Annual “In House” Cost: $1,506,358.42
These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.
13. Cost to Respondents: We assume that the applicant would use an attorney ($300/hour) and a consulting engineer ($250/hour) to complete the FCC Form 301.
An AM, FM, or TV applicant must give local public notice of the filing of its application for a new station or for a major change in facilities. This notice must be published in a local newspaper of general circulation at least twice a week for two consecutive weeks in a three-week period. The cost of this publication is estimated to be $113.25.
Hrly. Wage Consultant’s Number of Annual
Services of Consultant Hrly. Burden Applications Cost Burden
AM:
New & Major $300 7 hours 476 $ 999,600
$250 89.25 hours 476 $10,620,750
Minor Change $300 2 hours 250 $ 150,000
$250 88.25 hours 250 $5,515,625
Multiple Ownership $300 18 hours 285 $1,539,000
Showings $250 92.25 hours 285 $6,572,813
Community of License $300 12 hours 66 $ 237,600
Change $250 100 hours 66 $1,650,000
FM:
New & Major $300 7 hours 298 $ 625,800
$250 71 hours 298 $5,289,500
FM New with P4RM
to Amend FM Table
Using Tribal Priority $300 7 hours 20 $ 42,000
$250 71 hours 20 $ 355,000
FM New filed in
TQ Window $300 7 hours 40 $ 84,000
$250 71 hours 40 $ 710,000
Minor Change $300 2 hours 1,200 $ 720,000
$250 69 hours 1,200 $20,700,000
Multiple Ownership $300 28 hours 274 $ 2,301,600
Showings $250 73 hours 274 $ 5,000,500
Community of License $300 6 hours 145 $ 261,000
Change $250 94 hours 145 $ 3,407,500
TV:
Minor Change $300 2 hours 200 $ 120,000
$250 45 hours 200 $2,250,000
DTV: $300 2 hours 1,220 $ 732,000
$250 34 hours 1,220 $10,370,000
Multiple Ownership $300 13 hours 30 $ 117,000
Showings $250 48 hours 30 $ 360,000
Repacked TV $300 2 hours 1,783 $1,069,800
$250 34 hours 1,783 $15,155,500
DTS: $300 1 hour 100 $ 30,000
$250 45 hours 100 $1,125,000
Total AM/FM TV and DTV: $98,111,588
Number of Fee Total Fee
Fees: Applications Cost Cost
AM New & Major 476 $3,310 $1,575,560
AM Minor Change 250 $ 830 $ 207,500
AM Multiple
Ownership Showings 285 $3,310 $ 943,350
AM Community of
License Change 66 $ 830 $ 54,780
FM New & Major 298 $3,485 $1,038,530
FM New with
P4RM to Amend
FM Table Using
Tribal Priority 20 $3,485 $ 69,700
FM New filed
in TQ Window 40 $3,485 $ 139,400
FM Minor Change 1,200 $ 830 $ 996,000
FM Multiple
Ownership Showings 274 $2,980 $ 816,520
FM Community of
License Change 145 $ 830 $ 120,350
TV Minor Change 200 $ 830 $ 166,000
Repacked TV 1,783 $ 830 $1,479,890
DTV 1,220 $ 830 $ 1,012,600
TV Multiple
Ownership Showings 30 $3,720 $ 111,600
DTS 100 $ 830 $ 83,000
Fee Total: $8,814,780
9856 new/major/community of license change applications x 4 x $113.25 = $446,205 in publication costs
Annual Cost Burden: $98,111,588 + $8,814,780 + 446,205 = $107,372,573
14. Cost to Federal Government: The Commission will use legal and engineering staff at the GS-14/Step 5 level ($55.78/hour), paraprofessional staff at the GS-11/Step 5 level ($33.12/hour), and clerical staff at the GS-5 level/Step 5 level ($18.07/hour) to process these applications.
New & Major Change AM/FM/TV Applications = 8347
834 applications x $55.78/hour x 41 hours = $1,907,341.30
834 applications x $55.78/hour x 20 hours = $ 930,410.40
834 applications x $33.12/hour x 1 hour = $ 27,622.08
834 applications x $18.07/hour x 2 hours = $ 30,140.76
$2,895,514.54
Minor AM Applications = 250
AM Multiple Ownership Showings = 285
AM Community of License Change Minor Applications = 66
601 applications x $55.78/hour x 1 hour = $ 33,523.78
601 applications x $55.78/hour x 30 hours = $1,005,713.40
(No GS-11 Step-5 paraprofessional review required)
601 applications x $18.07/hour x 2 hours = $ 21,720.14
$1,060,957.32
Minor FM Applications = 1,200
FM Multiple Ownership Showings = 274
FM Community of License Change Minor Applications = 145
1,619 applications x $55.78/hour x 1 hour = $ 90,307.82
1,619 applications x $55.78/hour x 20 hours = $1,806,156.40
(No GS-11 Step 5 paraprofessional review required)
1,619 applications x $18.07/hour x 2 hours = $ 58,510.66
$1,954,974.88
Minor TV Applications = 200
DTV Applications = 1,220
TV Multiple Ownership Showings = 30
Repacked TV Applications = 1,783
3,233 applications x $55.78/hour x 1 hour = $ 180,336.74
3,233 applications x $55.78/hour x 20 hours = $3,606,734.80
3,233 applications x $33.12/hour x 6 hours = $ 642,461.76
3,233 applications x $18.07/hour x 2 hours = $ 116,840.62
$4,546,373.80
DTS Applications = 100
(No GS-14 Step 5 legal review required)
100 applications x $55.78/hour x 20 hours = $111,560.00
100 applications x $33.12/hour x 6 hours = $ 19,872.00
100 applications x $18.07/hour x 2 hours = $ 3,614.00
$135,046.00
Total Cost to the Federal Government: $10,592,866.54
15. Reason for Changes in Burden or Cost: If the proposed requirements contained in FCC 12-118 are adopted in a final rulemaking by the Commission 1,783 respondents, 1,783 responses, 10,698 burden hours and $16,562,701 in annual cost will be added to OMB’s inventory.
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.
16. Plans for Publication: The data will not be published.
17. Display of OMB Approval Date: We request extension of the waiver not to publish the expiration date on the form. This will obviate the need for the Commission to update electronic forms upon the expiration of the clearance. OMB approval of the expiration date of the information collection will be displayed at 47 CFR § 0.408.
18. Exceptions to the Certification Statement: There are no exceptions to the Certification Statement.
B. Collections of Information Employing Statistical Methods
This information collection does not employ any statistical methods.
1 The recordkeeping information collection requirement is contained in OMB Control Number 3060-0214, which covers Section 73.3527.
2 Repacking occurs when stations are assigned a new operating channel following completion of the incentive auction process.
3 A petitioner seeking to add a Tribal Allotment to the FM Table of Allotments must file FCC Form 301 when submitting its Petition for Rule Making (“P4RM”).
4 This estimate is based on the current number of licensed full power television stations that are involved in repacking.
5 DTS technologies are covered under 47 CFR § 73.626, which authorizes the use of distributed transmission system (“DTS”) technologies in the digital television (“DTV”) service and also authorized changes to FCC Form 301 that are necessary to accommodate applications for a DTS facility.
6 This number was calculated as follows: 476 AM New & Major Applications + 298 FM New & Major Applications + 66 AM Community of License Change Applications + 145 FM Community of License Change Applications = 985 Applications.
7 This number was calculated as follows: 476 AM New & Major Applications + 298 FM New & Major Applications + 60 FM New Tribal-related applications = 834 Applications.
| File Type | application/msword |
| File Title | SUPPORTING STATEMENT |
| Author | Thomas.Nessinger |
| Last Modified By | James Williams |
| File Modified | 2012-11-21 |
| File Created | 2012-11-21 |