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 P
ICR 202008-3060-016
OMB: 3060-0031
Federal Form Document
⚠️ Notice: This information collection may be outdated. More recent filings for OMB 3060-0031 can be found here:
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 P
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 and LPFM
stations, the Commission is removing the restrictive LPFM station
three-year “holding period” certification from CDBS Forms 314 and
315, and revising the relevant rules, 47 CFR Sections 73.865 and
73.7005, the forms, and corresponding instructions, as follows: (1)
changing all references to “holding period” to “maintenance of
comparative qualifications,” and requiring NCE stations awarded by
the point system to certify satisfying the four-year “maintenance
of comparative qualifications” period; (2) requiring LPFM
applicants to certify that it has been at least 18 months since the
station’s initial construction permit was granted in accordance
with 47 CFR Section 73.865(c) ; (3) requiring LPFM applicants to
certify that the assignment/transfer of the LPFM authorization
satisfies the consideration restrictions of 47 CFR Section
73.865(a)(1) ; (4) requiring LPFM authorizations awarded by the
LPFM comparative point system, to indicate whether the LPFM station
has operated on-air for at least four years since grant; (5)
requiring NCE applicants to certify that the proposed acquisition
comports with 47 CFR Section 73.7005(c) diversity requirements,
based on any “diversity of ownership” points awarded in an NCE
points system analysis. Moreover, the NCE LPFM Report and Order
will increase the number of applicants eligible to file FCC Forms
314 and 315 by eliminating both the absolute prohibition on the
assignment/ transfer of LPFM construction permits and the
three-year holding period restriction on assigning LPFM licenses.
The elimination of these restrictions will benefit the LPFM service
by increasing the likelihood that LPFM permits will be constructed,
provide new service to communities, and help make the LPFM stations
more viable.
There are program changes of
+80 to the number of respondents, of +280 to the number of
responses, of -1,511 to the annual burden hours and of -$1,025,897
to the annual cost which are due to the information collection
requirements contained in FCC 20-65 and FCC 19-127. There are no
adjustments to this information collection.
$10,400,357
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.