Non-substantive Change Justification

NON-SUBSTANTIVE CHANGE REQUEST JUSTIFICATION

OMB CONTROL NO. 3060-0031

Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for Consent to Transfer Control of Entity Holding Broadcast Station Construction Permit or License, FCC Form 315

The Commission submits this non-substantive change request to the Office of Management and Budget (OMB) for approval of minor, non-substantive changes to the instructions and worksheets of FCC Form 314, Application for Consent to Assignment of Broadcast Station Construction Permit or License, and FCC Form 315, Application for Consent to Transfer Control of Entity Holding Broadcast Station Construction Permit or License. In addition, a few edits were made to the forms themselves to correct minor inconsistencies involving formatting or citation issues.

On August 10, 2016, the Commission adopted the 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Second Report and Order, FCC 16-107 (rel. Aug. 25, 2016). Although the Commission left the media ownership rules largely unchanged, it implemented necessary technical updates to the rules by replacing references to obsolete analog television service contours with digital television service contours. With respect to the newspaper/broadcast cross-ownership (NBCO) rule, the Commission supplemented the requirement that, in order for the rule to apply, a newspaper must be within the service contour of the broadcast station by adding a condition that it also be in the same Nielsen market area as the station. In addition, the Commission simplified the waiver standard applicable to the NBCO rule. The changes submitted for approval update the instructions and worksheets to assist applicants in answering the forms’ certification questions regarding ownership. The changes, which are listed below, do not affect the substance, burden hours, or costs of completing the forms.

In the process of making these updates, Commission staff took the opportunity to make other minor edits and corrections that do not require OMB approval. Most of these edits are contained within the forms’ instructions and worksheets and involve “clean-up” edits such as fixing formatting and citation inconsistencies.

Change #1 -- Updated Television Service Contours:

References to the analog Grade A television service contour are updated to the digital principal community contour, and references to the analog Grade B television service contour are updated to the digital noise limited service contour (NLSC). Contour updates are made in Form 314, Worksheet 2, Q.6, and Worksheet 3, Section A.II, III, IV, and Section B; and Form 315, Worksheet 2, Q.6, and Worksheet 3, Section A.II, III, IV, and Section B.

Change #2 -- Updated NBCO Trigger Requirement and Waiver Standard:

The updates to the geographic scope and/or the waiver standard of the NBCO rule are made in Form 314, Worksheet 3, Section A.IV and Section B; and Form 315, Worksheet 3, Section A.IV and Section B.