This submission is being made to the
Office of Management (OMB) for the approval of information
collection requirements contained in the Commission’s NCE LPFM
Report and Order adopted December 10, 2019, and released on
December 11, 2019, where the Commission revised its rules and
procedures for considering competing applications for new and major
modifications to noncommercial educational full-service FM and
full-power television (NCE), and low power FM (LPFM) broadcast
stations. The changes are designed to improve the comparative
selection and licensing procedures, expedite the initiation of new
service to the public, eliminate unnecessary applicant burdens, and
reduce the number of appeals of NCE comparative licensing
decisions. First, to improve the NCE comparative process, the NCE
LPFM Report and Order: (1) eliminates the governing document
requirements for established local applicants and applicants
claiming diversity points; (2) establishes a uniform divestiture
pledge policy; (3) expands the tie-breaker criteria and revises the
procedures for allocating time in mandatory time-sharing
situations; and (4) clarifies and modifies the “holding period”
rule. Second, the NCE LPFM Report and Order adopts the following
changes to the LPFM comparative process: (1) prohibits amendments
that attempt to cure past unauthorized station violations; (2)
authorizes time-sharing discussions prior to tentative selectee
designations; and (3) establishes procedures for remaining
tentative selectees following dismissal of point aggregation
time-share agreements. Third, the NCE LPFM Report and Order adopts
the following general changes: (1) defines which applicant board
changes are major changes; (2) clarifies the reasonable site
assurance requirements; (3) streamlines construction deadline
tolling procedures and notification requirements; (4) lengthens the
LPFM construction period; and (5) eliminates restrictions on the
assignment and transfer of LPFM authorizations. Specifically,
pertaining to this Information Collection and NCE stations, the
Commission is revising the relevant rules, 47 CFR Sections 73.7002,
73.7003, and 73.7005, the form, and corresponding instructions, as
follows: (1) Changing all former references to “holding period” to
“maintenance of comparative qualifications.” During the four-year
“maintenance of comparative qualifications” period, an NCE station
receiving a decisive preference for fair distribution of service,
in accordance with the provisions of 47 CFR Section 73.7002, must
certify that any technical modification to its authorized
facilities satisfies the technical requirements of 47 CFR Section
73.7005(b). (2) Adding an “Established Local Applicant Pledge,”
requiring an applicant to pledge to maintain localism
characteristics during the four-year maintenance of comparative
qualifications period, if the applicant certifies that it qualifies
for points as an “established local applicant” in the Point System
Factors of 47 CFR Section 73.7003. (3) Adding a “Diversity Pledge,”
requiring an applicant to pledge to comply with all of the
restrictions on station modifications and acquisitions (as defined
in 47 CFR Section 73.7005) during the four-year maintenance of
comparative qualifications period, if the applicant certifies that
it qualifies for “local diversity of ownership” points in the Point
System Factors of 47 CFR Section 73.7003. (4) Modifying the
divestiture sub-question certification, to reflect the new
divestiture policies, in the Diversity of Ownership question in the
Point System Factors Section. (5) Adding a new question in the Tie
Breakers section of the form, reflecting the new third tie-breaker
criterion of 47 CFR Section 73.7003(c)(3). (6) Adding a new
question in the Tie Breakers Section of the form, requiring the
applicant to provide its initial date of establishment...
US Code:
47
USC 308 Name of Law: Communicatins Act of 1934, as amended
US Code: 47
USC 154(i) Name of Law: Communications Act of 1934, as
amended
US Code: 47
USC 303 Name of Law: Communications Act of 1934, as amended
There are program changes of
+55 to the number of respondents, +55 to the annual number of
responses, -547 to the annual burden hours and +$959,419 to the
annual cost. These program changes are due to the information
collection requirements adopted in FCC 20-65 and FCC 19-127.
$3,992,842
No
No
No
No
No
No
No
Lisa Scalan 202
418-2700
No
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.
Supporting Statement OMB 3060-0029 (Schedule 340) - (052120).docx
Noncommercial Educational Station for Reserved Channel Construction Permit Application