Supporting Statement OMB 3060-0175 (FCC 23-72)(2023)

OMB: 3060-0175 December 2023

Title: Section 73.1250, Broadcasting Emergency Information

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 73.1250(e) to update the address in which a report in letter form shall be forwarded to.

1. Emergency situations in which the broadcasting of information is considered as furthering the safety of life and property include, but are not limited to, tornadoes, hurricanes, floods, tidal waves, earthquakes, and school closings.

47 CFR Section 73.1250(e) requires that immediately upon cessation of an emergency during which broadcast facilities were used for the transmission of point‑to‑point messages or when daytime facilities were used during nighttime hours by an AM station, a report in letter form shall be forwarded to the FCC’s main office in Washington, D.C., as indicated in 47 CFR Section 0.401(a), setting forth the nature of the emergency, the dates and hours of the broadcasting of emergency information and a brief description of the material carried during the emergency. A certification of compliance with the non-commercialization provision must accompany the report where daytime facilities are used during nighttime hours by an AM station.

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 report is used by FCC staff to evaluate the need and nature of the emergency broadcast to confirm that an actual emergency existed.

If this data were not collected, AM stations would become more inclined to broadcast with increased facilities without an actual emergency. Broadcast stations would also be more inclined to broadcast point-to-point messages.

3. The Commission is investigating the use of electronic filing for all its applications and filings. However, we do not believe the use of information technology is feasible at this time.

4. No other agency imposes a similar information collection on the respondents. There is 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. This collection of information will not have a significant impact on small entities/businesses.

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

7. There are no special circumstances associated with this collection of information.

8. The Commission published a Notice (88 FR 70980) in the Federal Register on October 13, 2023, seeking comment from the public on the information collection requirements contained in this collection. No comments were received from the public as a result 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 information collection does not address any private matters of a sensitive nature.

12. We estimate that 50 reports will be filed and processed annually. The average burden on licensee is 1 hour per request. This estimate is based on FCC staff's knowledge and familiarity with the availability of the data required.

Total Number of Respondents: 50 Licensees

Total Number of Responses: 50 Reports Pertaining to the Broadcasting of Emergency Information

Total Annual Hour Burden: 50 Reports Filed Relating to Broadcasting of Emergency Information x 1 hour per report = 50 hours

Total Annual “In-House” Cost: We assume that an engineer employed at the station would complete and file the report. This station engineer is estimated to have an average salary of $48.08/hour.

50 Reports Filed Relating to Broadcasting of Emergency Information x 1 hr/report x $48.08/hr = 2,404.00

13. Annual Cost Burden:

(a) Total annualized capital/startup costs: None

(b) Total annual costs (O&M): None

(c) Total annualized cost requested: None

14. Cost to the Federal Government: The Commission will use paraprofessionals at the GS-11, step 5 level ($42.68/hour) and clerical personnel at the GS-5, step 5 level ($23.28/hour) to process these reports. It will take the GS-11 step 5 employee .50 hours to process each report, and it will take the GS-5 employee .166 hours to process each report.

.50 hours x $42.68/hour x 50 reports = $1,067

.166 hours x $23.28/hour x 50 reports = $ 193

Total Cost to the Federal Government $1,260

15. There are no program changes or adjustments to this information collection because of the revised rules adopted in FCC 23-72.

16. The data will not be published.

17. OMB approval of the expiration date 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

No statistical methods are employed.

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