Supporting statement OMB 3060-0754 (Form 2100 Sch H) rev 2019_

OMB 3060‑0754 November 2019

Title: FCC Form 2100, Application for Media Bureau Audio and Video Service Authorization, Schedule H

SUPPORTING STATEMENT

A. Justification:

1. Commercial full-power and Class A television broadcast stations ¹ are required to file FCC Form 2100, Schedule H (formerly FCC Form 398) (Children’s Television Programming Report) within 30 days after the end of each calendar year. FCC Form 2100, Schedule H is a standardized form that:

(a) provides a consistent format for reporting the children’s educational television programming aired by licensees to meet their obligation under the Children's Television Act of 1990 (CTA), and

(b) facilitates efforts by the public and the FCC to monitor compliance with the CTA.²

Commercial full-power and Class A television stations are required to complete FCC Form 2100, Schedule H within 30 days after the end of each calendar year and file the form with the Commission. The Commission places the form in the station’s online public inspection file maintained on the Commission’s database (www.fcc.gov).³ Stations use FCC Form 2100, Schedule H to report, among other things, the Core Programming the station aired the previous calendar year.⁴ FCC Form 2100, Schedule H also includes a “Preemption Report” that must be completed for each Core Program that was preempted during the year. This “Preemption Report” requests information on the reason for the preemption, the date of each preemption, the reason for the preemption and, if the program was rescheduled, the date and time the program was re-aired.

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

On July 10, 2019, the Commission adopted a Report and Order and Further Notice of Proposed Rulemaking in MB Docket Nos. 17-105 and 18-202, FCC 19-67, In the Matter of Children’s Television Programming Rules; Modernization of Media Regulation Initiative. The Report and Order revises the children’s television programming rules to provide broadcasters additional scheduling flexibility, allow broadcasters to offer more diverse and innovative educational programming, and relieve unnecessary burdens on broadcasters. Among other revisions, the Report and Order expands the Core Programming hours to 6:00 a.m. to 10:00 p.m.; modifies the safe harbor processing guidelines for determining compliance with the children’s programming rules; requires that broadcast stations air the substantial majority of their Core Programming on their primary program streams, but permits broadcast stations to air up to 13 hours per quarter of regularly scheduled weekly programming on a multicast stream; eliminates the additional processing guideline applicable to stations that multicast; and modifies the rules governing preemption of Core Programming. In addition, the Report and Order revises the children’s programming reporting requirements by requiring that Children’s Television Programming Reports (FCC Form 2100, Schedule H) be filed on an annual rather than quarterly basis, within 30 days after the end of the calendar year; eliminating the requirements that the reports include information describing the educational and informational purpose of each Core Program aired during the current reporting period and each Core Program that the licensee expects to air during the next reporting period; eliminating the requirement to identify the program guide publishers who were sent information regarding the licensee’s Core Programs; and streamlining the form by eliminating certain fields. The Report and Order also eliminates the requirement to publicize the Children’s Television Programming Reports. The Report and Order directs the Media Bureau to make modifications to FCC Form 2100, Schedule H as needed to conform the form with the revisions to the children’s programming rules, including the changes to the processing guidelines and preemption policies.

History:

On September 26, 2006, the Commission adopted a Second Order on Reconsideration and Second Report and Order in MM Docket 00-167, FCC 06-143, In the Matter of Children’s Television Obligations of Digital Television Broadcasters. The Commission received OMB approval for the proposed recordkeeping and reporting requirements on June 23, 2006.⁵ These recordkeeping and reporting requirements were adopted as proposed when FCC 06-143 was adopted by the Commission on September 26, 2006.⁶

On March 17, 2006, the Commission adopted a Second Further Notice of Proposed Rule Making in MM Docket 00-167, FCC 06-33, In the Matter of Children’s Television Obligations of Digital Television Broadcasters. The Second FNPRM sought public comment on a Joint Proposal of Industry and Advocates for Reconsideration of Children’s Television Rules, filed in MM Docket 00-167 in February 2006. The Commission sought public comments to make a determination as to whether the Joint Proposal would be adopted by the Commission.

In the Commission’s Second Further Notice of Proposed Rule Making, the Commission also sought comment on, among other things, whether to revise FCC Form 398 (now FCC Form 2100, Schedule H) to clarify the way in which DTV broadcasters determine whether a core children’s educational program meets the limits on repeats of Core Programs, which is part of the Core Programming processing guideline applicable to digital broadcasters.

The Commission adopted a Report and Order and Further Notice of Proposed Rule Making in MM Docket 00-167, FCC 04-221, In the Matter of Children’s Television Obligations of Digital Television Broadcasters on September 9, 2004. Among other things, the Report and Order addressed several matters relating to the obligation of television licensees to provide educational programming for children. Some of the rules and policies adopted in the Report and Order apply only to digital broadcasters while others applied to both analog and digital broadcasters as well as cable operators.

The Report and Order adopted a Core Programming processing guideline for digital broadcasters pursuant to which broadcasters must air at least 3 hours/week of Core Programming on their “main” programming stream. For digital broadcasters that multicast, the guideline increases the amount of Core Programming beyond the baseline 3 hours/week in a manner proportional to the increase in free video programming offered by the broadcaster on multicast channels. Digital broadcasters can choose to air some or all of the additional Core Programming, beyond the 3 hours on the main stream, on either the main stream or a multicast stream as long as the multicast stream receives Multichannel Video Programming Distributor carriage comparable to the stream whose programming generates the Core Programming obligation under the revised guideline.

The Report and Order also required analog and digital, commercial and noncommercial, broadcasters to identify their core children’s educational programming by displaying throughout the program the symbol “E/I.” FCC Form 398 (now FCC Form 2100, Schedule H) was revised to require commercial broadcasters to inform the Commission of their compliance with this requirement.

On May 1, 2001, the Commission released a Memorandum Opinion and Order on Reconsideration MM Docket No. 00-10, FCC 01-123, In the Matter of a Class A Television Service, 16 FCC Rcd 8244 (2001). The MO&O affirmed the Commission’s decision in the Report and Order in that proceeding to make applicable to Class A licensees the children's programming and reporting requirements governing commercial television broadcasters, including the filing of the quarterly Form 398's (now FCC Form 2100, Schedule H). See Report and Order, MM Docket No. 00-10, FCC 00-, 15 FCC Rcd 6355, 6366 (2000). Nothing in either the Class A R&O or the Order on Reconsideration modified Form 398 (now FCC Form 2100, Schedule H) itself.

On September 14, 2000, the Commission adopted a Report and Order and Further Notice of Proposed Rule Making in MM Docket 00-44, FCC 00-343, In the Matter of Extension of the Filing Requirement for Children’s Television Programming Reports (FCC Form 398) (now FCC Form 2100, Schedule H). In the Report and Order, the Commission adopted a number of changes to the children’s educational television reporting requirements. The Commission extended indefinitely the requirement that commercial TV licensees file their quarterly FCC Forms 398 (now FCC Form 2100, Schedule H) with the Commission. The Commission also changed its requirement that these reports be filed with the Commission quarterly at the time that they are prepared rather than annually. In addition, the Commission revised FCC Form 398 (now FC Form 2100, Schedule H) to make the information in the reports clearer and more useful to the FCC and the public. Specifically, the Report and Order added a “Preemption Report” to be completed for each preempted Core Program during the quarter. This “Preemption Report” requested information on the date of each preemption, the reason for the preemption, and, if the program was rescheduled, the date and time the program was re-aired. The revised FCC Form 398 (now FC Form 2100, Schedule H) also asked (1) whether promotional efforts were made to notify the public of the time and date the rescheduled program would air, and (2) required licensees to identify the publishers of program guides that provided information about the licensee’s Core Programming. Finally, licensees were required to indicate on the revised forms the station’s next license renewal date.

On October 22, 1998, the Commission adopted a Report and Order, In the matter of 1998 Biennial Regulatory Review – Streamlining of Mass Media Applications, Rules and Processes, in MM Docket Nos. 98-43/94-149. Among other things, this Report and Order adopted a mandatory electronic filing requirement for the FCC Form 398 (now FC Form 2100, Schedule H).⁷

On August 8, 1996, the Commission adopted a Report and Order, In the matter of Policies and Rules Concerning Children’s Television Programming, MM Docket No. 93-48. This rulemaking was initiated to explore ways to implement the Children’s Television Act of 1990 (CTA) more effectively: (1) by facilitating broadcasters’ compliance with their obligation to air educational and informational programming for children, including programming specifically designed for this purpose, and (2) by furthering the CTA's goal of increasing the amount of educational and informational programming available to children. With adoption of the Report and Order, the Commission strengthened its enforcement of the CTA. The rules that the Commission adopted in this rulemaking were intended to provide greater clarity about broadcasters’ obligations under the CTA to air programming “specifically designed” to serve educational and informational needs of children and to improve public access to information about the availability of these programs.

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

Statutory authority for this collection of information is contained in Sections 154(i) and 303 of the Communications Act of 1934, as amended.

2. This standardized FCC Form 2100, Schedule H facilitates consistency of reporting among all licensees, assists in efforts by the public and the Commission to monitor station compliance with the CTA, and lessens the burden on the public and Commission staff.

3. The Commission implemented mandatory electronic filing of the FCC Form 2100, Schedule H (formerly Form 398) in 1999. Paper-filed copies of the form will be accepted only if accompanied by an appropriate request for waiver of the electronic filing requirement. Waivers will not be routinely granted, and filers should plead with particularity the facts and circumstances warranting grant of a waiver.

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

5. These requirements do not apply to noncommercial educational, full-power television stations or to low power television and television translator stations. Therefore, this information collection does not impose a significant economic impact on a substantial number of entities/businesses.

6. The CTA requires the Commission to ensure that the licensee has served the educational and informational needs of children through the licensee's overall programming, as well as programming specifically designed to serve these needs.

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

8. The Commission published a published a Notice (84 FR 46524) in the Federal Register on September 4, 2019 seeking public comment from the public on the information collection requirements contained in this collection. No comments were received as a result of this notice.

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

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

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

12. We estimate that there are 1,758 licensees: 1,371 commercial television stations and 387 Class A television stations. Each year, each licensee is required to place in its public inspection file a Children's Television Programming Report and to file electronically the forms with the Commission. We estimate that completion of the form and maintaining a record of it will have an average burden of 10 hours per year for each licensee. These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.

Total Number of Respondents:

1,371 commercial TV stations

+ 387 Class A TV stations

1,758 respondents

Total Number of Annual Responses:

1,758 respondents x 1 annual form = 1,758 responses

Total Annual Burden Hours:

1,758 x 10 hours/form = 17,580 Hours

We assume that a station manager will complete the FCC Form 2100, Schedule H and that a clerical staff will be responsible for typing. It is estimated that the station manager will have an average burden of 9.5 hours per year and that the clerical person will have an average burden of 0.5 hours. A station manager is estimated to have an average salary of $48.08/hour. A clerical person is estimated to have an average salary of $12/hour.

1,758 FCC Form 2100, Schedule H x 9.5 hours x $48.08/hour = $802,984 (Station Manager)

1,758 FCC Form 2100, Schedule H x 0.5 hour x $12/hour = $ 10,548 (Clerical Staff) Total Annual “In House” Cost: $813,532

13. The licensee will use a communications attorney to review each FCC Form 2100, Schedule H for accuracy and completeness once the licensee has completed each FCC Form 2100, Schedule H. The attorney will charge $300 per hour for 2 hours per year of legal review.

1,758 FCC Form 2100, Schedule H x 2 hours/form x $300/hour = $1,054,800

Total Annual Cost: $1,054,800

14. Cost to the Federal Government: Annual reports would be reviewed and processed by a paraprofessional at the GS-13, step 5 level ($53.85/hour).

1,758 FCC Form 2100, Schedule H x $53.85/hour x 0.75 hours = $71,001.23

Total Cost to the Federal Government: $71,001.23

15. There are program changes/decreases to this collection which are due to the information collection requirements adopted in FCC 19-67. They are as follows: 418 to the number of respondents, 6,946 to the annual number of responses, 86,868 to the annual burden hours and $4,167,600 to the annual cost.

16. The 2100, Schedule H Forms are publicly available on the FCC’s website.

17. The Commission requests an extension of the waiver not to publish the expiration date on FCC Form 2100, Schedule H. 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 A Class A station is a low power television broadcast station that has met the eligibility and licensing requirements in 47 CFR 73.6001. See Establishment of a Class A Television Service, MM Docket No. 00-10, FCC 01-123, 15 FCC Rcd 6355 (2000), 65 FR 29985, May 10, 2000, reconsideration granted in part, 16 FCC Rcd 8244 (2001), 66 FR 21681, May 1, 2001.

2 Children’s Television Act of 1990, Pub. L. No. 101-437 104 Stat 996-1000, codified at 47 USC 303a, 303b, 394.

3 In 2012, the Commission adopted online public inspection file rules for television broadcasters that required them to post public file documents to a central, FCC-hosted online database rather than maintaining files locally at their main studios. Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, Second Report and Order, 27 FCC Rcd 4535 (2012).

4 Core Programming is programming specifically designed to serve the educational and informational needs of children that meets the criteria discussed in 47 CFR 73.671(c).

5 See FCC 06-33.

6 The Commission submitted FCC 06-143 to OMB for their records/files. OMB issued a no material or non-substantial change to a currently approved collection on July 19, 2007 noting that the proposed information collection requirements were adopted as proposed.

7 The Commission changed the annual filing requirement to the current quarterly filing requirement when it adopted the Report and Order and Further Notice of Proposed Rule Making, In the Matter of Extension of the Filing Requirement for Children’s Television Programming Reports (FCC Form 398) (now FCC Form 2100, Schedule H), in MM Docket 00-44, FCC 00-343, on September 14, 2000, as noted above.

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