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...Application Caps
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...Application Caps
No
material or nonsubstantive change to a currently approved
collection
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. There, the Commission tentatively concluded
that the previously adopted translator licensing procedures, which
would limit each applicant to ten pending applications, would be
inconsistent with the LCRA's goals. It proposed to modify those
procedures and instead adopt a market-specific translator
application dismissal process, dismissing pending translator
applications in identified spectrum-limited markets in order to
preserve adequate low power FM ("LPFM") licensing opportunities. It
further proposed a national cap of 50 applications and a
market-based cap of one application per applicant per market for
the top markets to minimize the potential for speculative licensing
conduct. On March 19, 2012, the Commission adopted a Fourth Report
and Order and Third Order on Reconsideration ("Fourth Report and
Order"). In the Fourth Report and Order, the Commission adopts the
national and market-specific caps proposed in the Third Further
Notice, and requires parties with more than 50 pending applications
and/or more than one pending application in the markets identified
in Appendix A of the Fourth Report and Order (the top 150 Arbitron
markets plus markets with more than 4 pending translator
applications) to request the dismissal of applications to comply
with these limits. Applicants may request such dismissal by filing
a letter with the Commission ("Dismissal Letter") identifying the
applications they wish to be dismissed. In the event that an
applicant does not timely comply with these dismissal procedures,
the Commission staff will first apply the national cap, retaining
on file the first 50 filed applications and dismissing those that
were subsequently filed. The staff will then dismiss all but the
first filed application in each of the markets identified in
Appendix A. The Commission is submitting this non-substantial
change request to OMB for review and approval because the
Commission expects few applications to be filed with the Commission
as a result of the amendments that occurred in FCC 12-144 and this
submission reflects those numbers.
US Code:
47
USC 154(i) Name of Law: Communications Act of 1934, as
amended
This is non-substantial change
request that is being submitted to OMB for review and approval.
Once the change request is approved by OMB, there will be decreases
to the number of respondents by 105, to the annual number of
responses by 105 and to the annual burden hours by 161 hours. These
decreases are due to the Commission now estimating that less
responses (Dismissal Letters) will be filed with the
Commission.
$5,657
No
No
No
No
No
Uncollected
Kelly Donohue
2024188192
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.
Nonsubstantial change request for 3060-1173 (121312).doc
Application Caps