Supporting Statement OMB 3060-0182 2023 (final October 1 2023)

OMB Control Number: 3060-0182 December 2023

Title: Section 73.1620, Program Tests

SUPPORTING STATEMENT

A. Justification:

The Commission adopted on September 18, 2023, the Report and Order (R&O), Amendment of Part 73 of the Commission’s Rules to Update Television and Class A Television Broadcast Station Rules, and Rules Applicable to All Broadcast Stations, MB Docket No. 22-227, FCC 23-72. The R&O adopted a number of revisions to the Commission’s rules to reorganize and clarify the Commission’s technical licensing, operating, and interference rules for full power and Class A television, including a revision to 47 CFR Section 73.1620(a)(1)-(3) and deletion of 47 CFR Section 73.1620(f)-(g). No other changes to the existing collection, restated below, are proposed.

1. 47 CFR 73.1620(a)(1) requires permittees of a nondirectional AM or FM station, or a nondirectional or directional TV station to notify the FCC upon beginning of program tests via a Program Test Authority filing in the Commission’s Licensing and Management System (LMS) database. An application for license must be filed with the FCC within 10 days of this notification.

47 CFR 73.1620(a)(2) requires a permittee of an FM station with a directional antenna to file a request with the FCC for program test authority 10 days prior to date on which it desires to begin program tests on FCC Form 2100 Schedule 302-FM in LMS. This is filed in conjunction with an application for license.

47 CFR 73.1620(a)(3) requires a licensee of an FM station replacing a directional antenna without changes that would not require the submission of a construction permit application to file with the FCC a modification of license application on FCC Form 2100 Schedule 302-FM within 10 days after commencing operations with the replacement antenna. This is filed in conjunction with an application for license.

47 CFR 73.1620(a)(4) requires a permittee of an AM station with a directional antenna to file a request with the FCC for program test authority 10 days prior to date on which it desires to begin program tests. This is filed in conjunction with an application for license.

47 CFR 73.1620(a)(5) except for permits subject to successive license terms, the permittee of an Low Power TV (LPFM) station may begin program tests upon notification to the FCC in Washington, DC, provided that within 10 days thereafter, an application for license is filed. Program tests may be conducted by a licensee subject to mandatory license terms only during the term specified on such licensee's authorization.

47 CFR 73.1620(b) the Commission reserves the right to revoke, suspend, or modify program tests by any station without right of hearing for failure to comply adequately with all terms of the construction permit or the provisions of §73.1690(c) for a modification of license application, or in order to resolve instances of interference. The Commission may, at its discretion, also require the filing of a construction permit application to bring the station into compliance the Commission's rules and policies.

This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

Statutory authority for this collection of information is contained in Section 154(i) of the Communications Act of 1934, as amended.

2. The notification in 47 CFR 73.1620(a) alerts the Commission that construction of a station has been completed and that the station is broadcasting program material. 47 CFR 73.1620(b) requires the filing of a construction permit to bring the station into compliance.

3. We do not believe the use of information technology is burdensome in this situation.

4. No other agency imposes a similar information collection on the respondents. There are no similar data available.

5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents.

6. The frequency for this collection of information is determined by respondents, as necessary.

7. This collection of information is consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. The Commission published a Notice (88 FR 70980) in the Federal Register on October 13, 2023 seeking comments on the information collection requirements contained in this collection. The Commission received no comments following publication of the Notice.

9. No payment or gift was provided to the respondents.

10. There is no need for confidentiality with this collection of information.

11. This collection of information does not address any private matters of a sensitive nature.

12. Number of Respondents: The following is estimated for public burden:

Number of

Respondents

Sections 73.1620(a) 1,457 permittees/licensees

Section 73.1620(b) 12 permittees/licensees

Total Number of Respondents: 1,469

Total number of Annual Responses: 1,469 responses

Rule Sections	Notifications and Reports	Respondent’s Burden Estimates	Hourly Burden	Hourly Cost Burden	Total “In House “Cost
Sections 73.1620(a)	1,457 notifications	1 hour/notification	1,457 hours	$48.08/hour	$70,052.56
Section 73.1620(b)	12 reports	5 hours/report	60 hours	$48.08/hour	$2,884.80
Totals	1,469 responses		1,517 hours		$72,937.36

Total Annual Burden Hours: 1,517 hours

Annual In-House Cost: We assume that the respondents would use an engineer at the station to prepare and file notifications/report. The station engineer is estimated to have an average salary of $48.08/hour. Therefore, the annual in-house cost is $72,937.36.

These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.

13. Annual Cost Burden:

1. Total annualized capital/startup costs: None

2. Total annual costs (O&M): None

(c) Total annualized cost requested: None

14. Cost to the Federal Government: The Commission will use staff at the GS-12, step 5 level ($51.15) and clerical staff at the GS-5, step 5 level ($23.28) to process the notifications/Sections 73.1620(a)(1) through (a)(5). Staff at the GS-12, step 5 level ($51.15) will process application filings/Section 73.1620 (b).

1,457 notifications x 0.25 hours x $51.15 = $18,631.39

1,457 notifications x 0.25 hours x $23.28 = $ 8,479.74

12 reports x 20 hours x $51.15 = $12,276.00

Total Annual Cost to the Federal Government = $39,387.13

15. There are program changes which are due to the information collection requirements adopted in FCC 23-72 (removal of 47 CFR 73.1620(f) and (g)). They are as follows -1 to the number of respondents, -1 to the annual number of responses, -4 to the annual burden hours.

There are no adjustments to this collection.

16. The data will not be published.

17. OMB approval of the expiration of the information collection will be displayed on OMB’s website.

18. There are no exceptions to the Certification Statement.

B. Collections of Information Employing Statistical Methods:

This information collection does not employ any statistical methods.

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