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

Forms and Documents

Document Name	Status
Form 315 non-substantive change (LMS) 10-6-20.docx Justification for No Material/Nonsubstantive Change	2020-10-23
Form 314 non-substantive change (LMS) 10-6-20.docx Justification for No Material/Nonsubstantive Change	2020-10-23
Supporting Statement OMB 3060-0031 (June 2020) (Forms 314 and 315) NCE RO and 73.3580 Second RO FCC 20-65.docx Supporting Statement A	2020-08-20

IC Document Collections

IC ID	Document Title	Status
29486	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 ....... Other-Screenshots	Modified
187593	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 .......	Unchanged

ICR Details

OMB Control No: 3060-0031	ICR Reference No: 202010-3060-012
Status: Active	Previous ICR Reference No: 202008-3060-016
Agency/Subagency: FCC	Agency Tracking No: MB
Title: 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
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/02/2020
	Date Received in OIRA: 10/23/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	09/30/2023	09/30/2023
Responses	13,160	0	13,160
Time Burden (Hours)	17,159	0	17,159
Cost Burden (Dollars)	51,493,759	0	51,493,759

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Abstract: 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. Please see the non-substantive change request for the reason for this change request to the Office of Management and Budget for approval.

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Authorizing Statute(s): US Code: 47 USC 154(i), 303 and 308 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AK68	Final or interim final rulemaking	85 FR 36786	06/18/2020

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 34440	06/04/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 51703	08/21/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
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 .......
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 .......

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ICR Summary of Burden

	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	13,160	0	0	0	0
Annual Time Burden (Hours)	17,159	17,159	0	0	0	0
Annual Cost Burden (Dollars)	51,493,759	51,493,759	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $10,400,357

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 10/23/2020

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