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.
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
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.