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

ICR Details
3060-0031 202008-3060-016
Historical Active 201912-3060-013
FCC MB
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
Revision of a currently approved collection   No
Regular
Approved without change 09/24/2020
Retrieve Notice of Action (NOA) 08/21/2020
  Inventory as of this Action Requested Previously Approved
09/30/2023 36 Months From Approved 09/30/2021
13,160 0 12,880
17,159 0 18,670
51,493,759 0 52,519,656

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.

US Code: 47 USC 154(i), 303 and 308 Name of Law: Communications Act of 1934, as amended
  
None

3060-AK68 Final or interim final rulemaking 85 FR 36786 06/18/2020

  85 FR 34440 06/04/2020
85 FR 51703 08/21/2020
No

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 13,160 12,880 0 280 0 0
Annual Time Burden (Hours) 17,159 18,670 0 -1,511 0 0
Annual Cost Burden (Dollars) 51,493,759 52,519,656 0 -1,025,897 0 0
No
Yes
Changing Regulations
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.
08/21/2020


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