Section 90.175(g)(2), Amendment of Part 90 of the Commission's Rules

Forms and Documents

Document Name	Status
3060-XXXX section 90-175(g)(2) - 2023-final version .docx Supporting Statement A	2023-07-11

IC Document Collections

IC ID	Document Title	Status
261034	State, Local or Tribal Government	New

ICR Details

OMB Control No:	ICR Reference No: 202307-3060-008
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: PSHSB
Title: Section 90.175(g)(2), Amendment of Part 90 of the Commission's Rules
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/14/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	213	0
Time Burden (Hours)	213	0
Cost Burden (Dollars)	234,300	0

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Abstract: New Section 90.175(g)(2) of the Commission’s rules requires public safety applicants seeking to license new or modify existing facilities in the 4940-4990 MHz (4.9 GHz) band to obtain a frequency recommendation from the newly established nationwide Band Manager before the application is filed with the Commission.

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Authorizing Statute(s): US Code: 47 USC 154(i), 161, 303(g), 303(r) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 332(c)(7), 1401-1473 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-AL62	Final or interim final rulemaking	88 FR 12565	02/28/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 26542	05/01/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 45210	07/14/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
State, Local or Tribal Government

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ICR Summary of Burden

	Total Request	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	213	0	0	213	0	0
Annual Time Burden (Hours)	213	0	0	213	0	0
Annual Cost Burden (Dollars)	234,300	0	0	234,300	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a new information collection resulting in a program change. There are increases in the total respondents of 213, total annual responses of 213, total annual burden hours of 213, and total annual cost of $234,300 as a result of the information collection specified in 90.175(g)(2). These estimates will be added to OMB’s Active Inventory.

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Annual Cost to Federal Government: $0

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: 07/14/2023

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