Supporting Statement OMB 3060-0506 (Dec 2019)

OMB Control Number: 3060-0506 February 2020

Title: FCC Form 2100, Schedule 302-FM – FM Station License Application

SUPPORTING STATEMENT

A. Justification:

1. Licensees and permittees of FM broadcast stations are currently required to file FCC Form 302-FM to obtain a new or modified station license, and/or to notify the Commission of certain changes in the licensed facilities of these stations.

The Media Bureau is transitioned to a new on-line (electronic) licensing database system called the “Licensing Management System” (LMS) in which all Media Bureau broadcast applications and reporting forms will eventually be filed. In effect, the database transition requires a corresponding design conversion of all existing CDBS forms. The Media Bureau is currently developing electronic, LMS-compatible versions of various broadcast station application and reporting forms, such as this Form 2100, Schedule 302-FM – FM Station License Application (LMS FM License Application) as part of the database transition.

In general, the new LMS FM License Application will replicate the former FCC Form 302-FM. The form sections and substance of the individual questions essentially remain the same. As with the former FCC Form 302-FM, the LMS FM License Application requires applicants to certify compliance with statutory and regulatory requirements. The application is presented primarily in a “Yes/No” certification format and contains places for submitting explanatory exhibits where appropriate.

In this next phase of the LMS roll-out, the new LMS FM License Application is replacing FCC Form 302-FM for the filing of all FM full-service license applications in LMS. FCC Form 302-FM therefore is now completely replaced by the LMS FM License Application, and applicants will no longer use FCC Form 302-FM when applying for any FM full-service license.¹

History:

On October 22, 1998, the Commission adopted a Report and Order in MM Docket Nos. 98-43 (1998 Biennial Regulatory Review - Streamlining of Mass Media Applications, Rules, and Processes) and 94-149 (Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities). Among other things, this Report and Order substantially revised the FCC Form 302-FM to facilitate electronic filing by replacing narrative exhibits with the use of certifications and an engineering technical box.

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), 303 and 308 of the Communications Act of 1934, as amended.

2. FCC staff reviews the LMS FM License Application to (1) confirm that the station is built according to the specifications in the outstanding construction permit, (2) update FCC station license files, and (3) extract data for inclusion in the subsequently issued license authorization to operate the station.

3. The Commission requires applicants to file the LMS FM License Application 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 makes an effort to minimize the burden on all respondents.

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

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

8. The Commission last published a Notice (84 FR 70526) in the Federal Register on December 23, 2019, seeking public comments on the information collection requirements. No comments were received.

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. We estimate the filing of 925 LMS FM License Applications (700 FM Licenses to Cover Construction Permits (CP) and 225 Modification of Licenses). We expect the respondents will require one to two hours to complete the general section of the application form.

For the legal section of the application form, we expect 555 (60%) of the 925 respondents will complete the form without outside assistance. The remaining 370 (40%) respondents will consult and pay a communications attorney to complete the legal section of the application.

For the engineering section of the application, 462 respondents will complete the form without outside assistance. The remaining 463 respondents will consult with an engineer for completion of the form. The consultation time is one hour for both legal and engineering. We estimate the respondent’s salary at $100,000/year ($48.08/hour). These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.

Number of Annual Respondents: 925 Licensees and Permittees of FM Broadcast Stations

Number of Responses:

700 FM Licenses to Cover Construction Permits

225 Modification of Licenses

925 FCC 302-FM Applications (responses)

Annual Burden Hours:

Applicants completing general section of form without outside assistance

700 applications x 1 hour = 700 hours

225 modifications x 2 hours = 450 hours

1,150 hours

Applicants completing legal section of form without outside assistance

420 applications x 1 hour = 420 hours

135 modifications x 2 hours = 270 hours

690 hours

Applicants consulting with contract attorney to allow the attorney to complete the legal

section of the form

280 applications x 1 hour = 280 hours

90 modifications x 1 hour = 90 hours

370 hours

Applicants completing engineering section of form without outside assistance

350 applications x 1 hour = 350 hours

112 modifications x 1 hour = 112 hours

462 hours

Applicants consulting with contract engineer to allow the engineer to complete the engineering section of the form

350 applications x 1 hour = 350 hours

113 modifications x 1 hour = 113 hours

463 hours

Total Annual Burden Hours: 3,135

1,150 hrs + 690 hrs + 370 hrs + 462 hrs + 463 hrs = 3,135 hrs.

Annualized “In House Cost” to Respondent:

Applicants completing general section of form without outside assistance

700 applications x 1 hour x $48.08 = $33,656.00

225 modifications x 2 hours x $48.08 = $21,636.00

$55,292.00

Applicants completing legal section of form without outside assistance

420 applications x 1 hour x $48.08 = $20,193.60

135 modifications x 2 hours x $48.08 = $12,981.60

$33,175.20

Applicants consulting with a contract attorney to allow the attorney to complete legal section of form

280 applications x 1 hour x $48.08 = $13,462.40

90 modifications x 1 hour x $48.08 = $ 4,327.20

$17,789.60

Applicants completing engineering section of form without outside assistance

350 applications x 1 hour x $48.08 = $16,828.00

112 modifications x 1 hour x $48.08 = $ 5,384.96

$22,212.96

Applicants consulting with a contract engineer to allow the engineer to complete the engineering section of the form

350 applications x 1 hour x $48.08 = $16,828.00

113 modifications x 1 hour x $48.08 = $ 5,433.04

$22,261.04 TOTAL “In-House” COSTS =

$55,292.00 + $33,175.20 + $17,789.60 + $22,212.96 + $22,261.04 = $150,730.80

13. Annual Cost Burden: We estimate that 370 respondents will use a communications attorney to complete the legal section of the application. We expect one hour to two hours are needed of attorney time at an hourly rate of $300 per hour. We estimate that 463 of the respondents will use a consulting engineer to complete the engineering section of the application. We expect the engineer needs 2 – 6 hours ($250/hour) to complete this section of the form.

The filing fee is $225 for a FM License Application.² Only the 700 applications for licenses to cover construction permits are required to pay the filing fee.

280 applications x 1 hour x $300 = $84,000

90 modifications x 2 hours x $300 = $54,000

350 applications x 2 hours x $250 = $175,000

113 modifications x 6 hours x $250 = $169,500

700 applications x $225 filing fee = $157,500

TOTAL ANNUAL COST BURDEN = $640,000

14. Cost to the Federal Government: The FCC will use staff at the GS-11, step 5 level ($37.79/hour), and at the GS-5, step 5 level ($20.61/hour) to process FCC 302-FM applications.

3 hours x $37.79/hour x 925 applications = $104,867.25

1 hour x $20.61/hour x 925 applications = $ 19,064.25

TOTAL COST TO FEDERAL GOVERNMENT = $123,931.50

15. There are no program changes or adjustments to this collection.

16. The data will not be published.

17. OMB approval of the expiration date of the information collection will be displayed at 47 C.F.R. Section 0.408.

18. There are no exceptions to the Certification Statement.

B. Collections of Information Employing Statistical Methods

No statistical methods are employed.

1 OMB previously approved the use of the LMS FM License Application for FM Auxiliary stations on February 13, 2019 (NOA 2/13/2019, ICR Reference Number 201902-3060-013).

2 The new filing fee for an FM License Application is $225. See “The Application Fee Filing Guide for Media Bureau,” effective September 2018. Therefore, the annual cost burden in Item #13 has been adjusted to reflect this fee increase. This non-substantive change request has no impact on an application filing fee.

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