Supporting Statement OMB 3060-0928 (June 2015) (1)

OMB Control Number: 3060-0928 June 2015

Title: FCC Form 2100, Application for Media Bureau Audio and Video Service Authorization, Schedule F (Formerly FCC 302-CA); 47 CFR 73.3572(h) and 47 CFR 73.3700

SUPPORTING STATEMENT

A. Justification:

1. The FCC Form 2100, Schedule F is used by Low Power TV (LPTV) stations that seek to convert to Class A status; existing Class A stations seeking a license to cover their authorized construction permit facilities; and Class A stations entering into a channel sharing agreement.

The FCC Form 2100, Schedule F requires a series of certifications by the Class A applicant as prescribed by the Community Broadcasters Protection Act of 1999 (CBPA). Licensees will be required to provide weekly announcements to their listeners: (1) informing them that the applicant has applied for a Class A license and (2) announcing the public’s opportunity to comment on the application prior to Commission action.

Proposed Information Collection Requirements Which Require Review and Approval from the Office of Management and Budget (OMB):

On June 12, 2015, the Commission released a First Order on Reconsideration and Notice of Proposed Rulemaking, In the Matter of Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-268 and MB Docket No. 15-137, FCC 15-67. This document contains proposed rules for channel sharing by and between full power and Class A television stations outside the context of the incentive auction.¹ The proposed rules would allow Class A stations to share a single channel with other full power or Class A stations. After sharing stations have obtained the necessary construction permits, implemented their shared facility, and initiated shared operations, Class A sharing stations will use FCC Form 2100, Schedule F (formerly FCC Form 302-CA) to apply for a license.

In addition, after sharing stations have obtained the necessary construction permits, implemented their shared facility, and initiated shared operations, a station relinquishing its channel would notify the Commission that it has terminated operation on that channel at the same time that the sharing stations file applications for license.

No changes to FCC Form 2100, Schedule F are required for it to be used to file applications for license for channel sharing outside the auction context; this collection is being changed to reflect the proposed use of the form for a new purpose – to apply for a license to channel share outside the context of the incentive auction. This collection is also being changed to reflect the burden associated notifying the Commission that a station relinquishing its channel has terminated operation on that channel.

This information collection does not affect individuals, thus there are no impacts under the Privacy Act.

Statutory authority for this collection of information is contained in Sections 154(i), 307, 308, 309,

and 319 of the Communications Act of 1934, as amended, the Community Broadcasters Protection Act of 1999, and the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”)..

2. The FCC staff use the data to confirm that the station meets the eligibility standards to convert their licenses to Class A status or to share a channel with another station. Data is then extracted from FCC Form 2100, Schedule F for inclusion in the subsequent license to operate the station.

3. Form 2100, Schedule F must be filed electronically.

4. No other agency imposes a similar information collection on the respondents. There is no similar data available.

5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents. Therefore, this collection of information will not have a significant economic impact on a substantial number of small entities/businesses.

6. The frequency for this collection of information is determined by the respondents, as necessary.

7. This collection of information is consistent with the guidelines in 5 CFR § 1320.5(d)(2).

8. The Commission published a Notice (80 FR 40957) in the Federal Register on July 14, 2015 seeking comments on the requirements in this information collection. To date, no comments were received from the public on the information collection requirements contained in this collection.

9. No payment or gift was provided to the respondents.

10. There is no need for confidentiality with this collection of information.

11. This collection of information does not address any private matters of a sensitive nature.

12. The Commission estimates that 571 applications will be filed to implement Class A channel sharing stations during the incentive auction. The Commission expects the respondents will require two (2) burden hours per application. Respondents will take 0.50 (1/2 hour) to complete the notifications that will be sent to the Commission. This estimate is based on FCC staff's knowledge and familiarity with the availability of the data required.

Total Number of Annual Respondents: 571 LPTV stations²

Total Number of Annual Responses: 571 FCC Form 2100, Schedule F Forms + 50 notifications = 621 responses

Total Annual Burden Hours: 571 applications x 2 hours/response = 1,142 hours

50 notifications x 0.50 hours/response = 25 hours

1,167 hours

Annual “In-house cost” burden: The Commission expects that the respondent and station engineer will complete the applications. The respondent and station engineer are both estimated to have an average salary of $100,000/year ($48.08/hour).

“In House” Cost Burden:

571 applications x 2 hours/response x $48.08 = $54,907

50 notifications x 0.50 hours/response x $48.08/hour = $ 1,202

Total In-House Cost: $56,109

13. An application fee must be submitted with filing of the application ($285/application).

Total Annual Cost Burden: 571 applications x $285/application = $162,735

14. The Commission will use professionals at the GS-13, step 5 level ($49.32/hour) and clerical personnel at the GS-5, step 5 level ($18.88/hour) to process the FCC Form 2100, Schedule F applications. The notifications received by the Commission will not require any real processing time by the Commission.

Professional: 2.5 hours x $49.32/hour x 571 applications = $70,404.30

Clerical: 1 hour x $18.88 x 571 applications = $10,780.48

Total Cost to the Federal Government: = $81,184.78

15. If the proposed requirements in FCC 15-67 are adopted in a final rulemaking by the Commission, the following program changes/increases will be added to the OMB inventory: 50 to the number of respondents, 100 to the number of responses, 125 to the annual burden hours and $14,250 to the annual cost burden.

16. The data will not be published.

17. An extension of the waiver not to publish the expiration date on the form is requested. 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 Section 0.408.

18 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 Proposed new rule 47 CFR 73.6028 proposes to require that a Class A TV channel sharing station relinquishing its channel notify the Commission that it has terminated operation pursuant to 47 CFR 73.1750 and each sharing station must file an application for license. Full power stations would file a license application on FCC Form 2100, Schedule B – formerly FCC Form 302-DTV (OMB Control No. 3060-0837). Class A stations would file a license application on FCC Form 2100, Schedule F – formerly FCC Form 302-CA.

2 This estimate is based on the entire universe of respondents for LPTV stations.

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