Broadcast Mid-Term Report , FCC Form 397

Forms and Documents

Document	Type	Status	Availability
Form FCC Form 397 Broadcast Mid-Term Report	Form	Modified	Repair queued
Supporting Statement OMB 3060-0922 2015 + SDARS.doc	Supporting Statement A	Uploaded 2015-09-17	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
31372	Broadcast Mid-Term Report	Form	Modified

ICR Details

OMB Control No: 3060-0922	ICR Reference No: 201509-3060-009
Status: Historical Active	Previous ICR Reference No: 201501-3060-019
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Broadcast Mid-Term Report , FCC Form 397
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/09/2015
	Date Received in OIRA: 09/17/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2018	36 Months From Approved	01/31/2018
Responses	1,181	0	1,180
Time Burden (Hours)	591	0	590
Cost Burden (Dollars)	0	0	0

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Abstract: The FCC Form 397 is required to be filed by all licensees and permittees of AM, FM stations with 11 or more full-time employees and all TV, international and Class A TV broadcast stations with five or more full-time employees. It is a data collection device filed once at the mid-point of the eight-year license terms of certain radio and television licensees. The FCC 397 will be used by FCC staff and interested parties to monitor a broadcaster's compliance with the Commission's EEO requirements throughout the license term. Satellite Radio (also referred to as "Satellite Digital Audio Radio Services" or "SDARS") licensees are required to comply with the Commission's EEO broadcast rules and policies. They must engage in the same recruitment, outreach, public file, website posting, record-keeping, reporting, and self-assessment obligations required of broadcast licensees, consistent with 47 CFR 73.2080, and are subject to the same EEO policies. See Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426, ¶ 174, and note 551 (2008) ("XM-Sirius Merger Order"). See also Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, 12 FCC Rcd 5754, 5791-92, ¶¶ 91-92 (1997) ("SDARS Order"), FCC 97-70. This collection is being revised to reflect the burden associated with filing FCC Form 397 by SDARS licensees. Therefore, these respondents are being added as respondents to this collection. The form is not being revised.

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Authorizing Statute(s): US Code: 47 USC 303 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 154 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-AF93	Final or interim final rulemaking	62 FR 11083	03/11/1997

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 39773	07/10/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 55847	09/17/2015
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Broadcast Mid-Term Report	FCC Form 397	Broadcast Mid-Term Report

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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	1,181	1,180	0	1	0	0
Annual Time Burden (Hours)	591	590	0	1	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: There are program changes to this collection which are due to the information collection requirements adopted in FCC 97-70. Therefore, 1 is added to the number of respondents, 1 is added to the annual number of responses and 1 is added to the annual burden hours which are all due to SDARS licensees being added to this collection. There are no adjustments to this collection.

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Annual Cost to Federal Government: $48,988

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: 09/17/2015

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