Supporting Statement OMB 3060-0386 2023 (FCC 23-72)(final)

OMB Control Number: 3060-0386 December 2023

Title: Special Temporary Authorization (STA) Requests; Notifications; and Informal Filings; Sections 1.5, 73.1615, 73.1635, 73.1740 and 73.3598; CDBS Informal Forms; Section 74.788; Low Power Television, TV Translator and Class A Television Digital Transition Notifications; Section 73.3700(b)(5), Post Auction Licensing; Section 73.3700(f); Discontinuation Notices, Section 74.790(o)(9); Notices, Section 73.1750

SUPPORTING STATEMENT

A. Justification:

1. 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.

Special Temporary Authority (STA) Requests (47 CFR 73.1635). Broadcast stations (AM, FM, TV, Class A TV or LPTV licensees or permittees) may file a request for STA electronically in the Commission’s Licensing and Management System (LMS) for approval to permit a station to operate a broadcast facility for a limited period at a specified variance from the terms of the station’s authorization or requirements of the FCC rules. Stations may file a request for STA approval for a variety of reasons. The request must describe the operating modes and facilities to be used. Types of STA requests include Engineering and Legal STAs.

Notifications:

• Silent Notifications (47 CFR 73.1740). Broadcast stations (AM, FM, TV or Class A TV licensees) may file this form in the Commission’s LMS to notify the Commission of the station’s suspension of broadcast operations. Broadcast stations may also use this form to request a silent STA or extension thereof. Types of Silent Notifications include Notification of Suspension and Resumption of Operations. Pursuant to Section 73.1740, broadcast station licensees must notify the Commission when events beyond their control make it impossible to continue operation or to adhere to the required operating schedules set forth in this rule. In addition, they must notify the Commission when they resume normal operations. (No further authority is needed for limited operation or discontinued operation for a period not exceeding 30 days.) Should events beyond the licensees control make it impossible for compliance within the required 30-day time period, broadcast station licensees must file an informal letter request for silent operations (“Silent STA,” discussed below in informal filings section).

• Notifications (47 CFR 73.1615). Broadcast stations (AM, FM, TV or Class A TV licensees) must file a notification under 47 CFR 73.1615(c) when such a station is in the process of modifying existing facilities as authorized by a construction permit and determines it is necessary to either discontinue operation or to operate with temporary facilities to continue program service for a period not more than 30 days (in which case it must file a Silent STA application or an Engineering STA application via LMS). Licensees or permittees of directional or nondirectional FM, TV or Class A TV or nondirectional AM must file a notification and comply with 47 CFR 73.1615(a). Licensees or permittees of a directional AM station whose modification does not involve a change in operating frequency must file a notification and comply with 47 CFR 73.1615(b). Licensees or permittees of a directional AM station whose modification does involve a change in frequency and determines it is necessary to discontinue operation for a period not more than 30 days must file a notification and comply with 47 CFR 73.1615(d)(2).

Other information collection requirements that are covered under this collection that have not changed since last approved by the Office of Management and Budget (OMB) are as follows:

47 C.F.R. section 73.3700(b)(5) requires licensees of reassigned stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF stations that seek an extension to complete construction of their post-auction channel to apply for an extension demonstrating that failure to meet the construction deadline is due to circumstances that are either unforeseeable or beyond the licensee’s control.

47 C.F.R. section 73.3700(f) requires reassigned broadcast television station licensees seeking a waiver of the Commission’s service rules pursuant to section 6403(b)(4)(B) of the Spectrum Act to file a request for a waiver with the Chief, Media Bureau during a 30-day window commencing upon the date that the Channel Reassignment Public Notice is released. A licensee will have 10 days following a grant of the waiver to notify the Commission whether it accepts the terms of the waiver.

Notifications:

• Change in Official Mailing Address for Broadcast Station (47 CFR 1.5). Broadcast stations may file this form to report any changes in the station’s mailing address, but cannot use this form to correct or change the name of the licensee.

• Consummation Notice. Broadcast stations may file this form to notify the Commission when an assignment of license or transfer of control is consummated. The form also may be used by the station to request an extension of time to consummate.

• Tolling Notifications (47 CFR 73.3598). Broadcast stations (TV/DTV, Class A TV, low power TV, TV translator, AM, FM, International Broadcast, FM translator, FM booster, and LPFM permittees) may file this form to notify the Commission of an event that would toll their deadline to construct their TV facility. Section 73.3598 requires a permittee to notify the Commission as promptly as possible and, in any event, within 30 days of a tolling event, i.e., when construction is when construction is prevented due to (1) an act of God (e.g., floods, tornados, hurricanes, earthquakes, etc.); (2) the grant of the permit is the subject of administrative or judicial review (i.e., petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal); (3) construction is delayed by a cause of action pending in court related to requirements for construction or operation of the station (i.e., zoning or environmental requirements); or (4) international coordination where resolution of the international coordination issue is truly beyond the control of the station (e.g., where the failure to obtain coordination will not permit the station to construct facilities sufficient to replicate its analog coverage area). Stations must report progress at six-month intervals, detailing how the tolling event continues to cause delays in construction, any construction progress, and the steps it has taken and proposes to take to resolve any remaining impediments to construction. (Any construction permit for

which construction has not been completed and which an application for license has not been filed will be automatically forfeited upon expiration of the construction permit.).

• Low Power Television, TV Translator and Class A TV Digital Transition Notification. Low power television, TV translator, and Class A television stations that have not already transitioned to digital must submit a notification to the Commission (through an informal filing) of their decision to either flash cut on their existing analog channel or to continue operating their digital companion channel and return their analog license.

• FM6 LPTV Station One-Time Letter Notification (FCC 23-58). On July 20, 2023, the Commission adopted Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, Fifth Report and Order, FCC 23-58 (rel. July 20, 2023) (FM6 Report and Order). The Commission adopted a one-time requirement that FM6 LPTV stations notify the Media Bureau via letter filing as to whether they will continue FM6 operations and confirm their precise FM6 operational parameters. The submission was made to OMB for approval of the one-time letter notification requirement for FM6 LPTV stations as adopted in the FM6 Report and Order. In addition, in the FM6 Report and Order, the Commission adopted a rule, 47 CFR 74.790(o)(9) that requires FM6 LPTV stations that are permanently discontinuing their FM6 operations to notify the Commission pursuant to section 73.1750 of the rules.

• FM6 LPTV Station Discontinuation of Operations Notification (47 CFR 74.790(o)(9)). On July 20, 2023, the Commission adopted Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, Fifth Report and Order, FCC 23-58 (rel. July 20, 2023) (FM6 Report and Order). The Commission adopted a rule, section 74.790(o)(9) that requires FM6 LPTV stations that are permanently discontinuing their FM6 operations to notify the Commission pursuant to section 73.1750 of the rules. This submission was made to OMB for approval of the discontinuation notification requirement for FM6 LPTV stations as adopted in the FM6 Report and Order.

Informal Filings:

• Informal letter requests (47 CFR 73.1615). Broadcast stations (AM, FM, TV or Class A TV licensees or permittees) must file an informal letter request under 47 CFR 73.1615(c)(1) when such a station is in the process of modifying existing facilities pursuant to 47 CFR 73.1615(a) or (b) and determines it is necessary to either discontinue operation or to operate with temporary facilities to continue program service for a period of more than 30 days. Licensees or permittees that filed notifications under 47 CFR 73.1615(d)(2) but which determine that it is necessary to discontinue operation for a period more than 30 days must file an informal letter request and comply with 47 CFR 73.1615(d)(1) and (2).

• Silent STAs and Extensions (47 CFR 73.1740). Broadcast stations (AM, FM, TV or Class A TV licensees) that suspended broadcast operations (and filed a silent notification) pursuant to Section 73.1740 and which finds it necessary to continue its suspension of operations for more than 30 days must file an informal letter request (“Silent STA”) with the FCC under 47 CFR 73.1740(a)(4) for additional time. If necessary, the station may file a request for an extension of its Silent STA.

Copies of all STA requests, notifications, informal filings and tolling notifications must also be retained in the station’s local public inspection file. This recordkeeping requirement is contained in OMB Control No. 3060-0214. Sections 73.3526(e) and 73.3527(e) require broadcast station licensees and permittees to retain in the station’s local public inspection file a copy of any application tendered for filing with the FCC, together with all related material.

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 Sections 1, 4(i) and (j), 7, 301, 302, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325, 336, and 337 of the Communications Act of 1934, as amended.

2. The data is used by FCC staff to determine whether to grant and/or accept the requested special temporary authority (or other request for FCC action), waiver request, required notification, informal filing, application filings or other non-form submission.¹ FCC staff will review for compliance with legal and technical regulations, including but not limited to ensuring that impermissible interference will not be caused to other stations.

3. All STA requests, applications, notifications, waiver requests, informal filings and other “non-form” submissions must be filed electronically via the FCC’s License and Management System (“LMS”), the successor to the Consolidated Database System (“CDBS”).

4. No other agency imposes a similar information collection on the respondents. No similar data is available.

5. This information collection will not have a significant economic impact on a substantial number of small entities/businesses.

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 FCC published a notice in the Federal Register on October 13, 2023 seeking public comment on these information collection requirements, see 88 FR 70980. No comments were received from the public.

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. The burden for this collection is as follows:

a) STA Requests:

• Legal STA Requests. We estimate receiving 200 Legal STA requests (all broadcast services – AM, FM, TV, Class A TV, LPTV and STA extensions) annually. We expect the station licensees/permittees will prepare 20 of the requests (10%) with a burden of four (4) hours and the remaining 180 requests will be made by consulting attorneys. The consultation time is one (1) hour.

• Engineering STA Requests. We estimate receiving 1,000 Engineering STA requests (all broadcast services – AM, FM, TV, Class A TV, LPTV and STA extensions) annually. We expect the station licensees/permittees will prepare 100 of the requests (10%) will be made by the station licensee/permittee and will require four (4) hours preparation, while 900 filings (90%) will be contracted out to consulting engineers and will require one (1) hour of consultation.

b) Notifications:

• Change in Official Mailing Address for Broadcast Station (47 CFR 1.5). We estimate that 200 notices will be filed with the Commission annually. The station licensee/permittee will need 30 minutes (0.5 hours) to prepare these filings.

• Consummation Notices. We estimate 400 notices will be filed with the Commission annually. We the expect station licensee/permittee will file 40 notices (10%) and will require 30 minutes (0.5 hours) for preparation. For the remaining 360 notices (90%), the respondent consults with outside attorneys who will prepare/file notices. One (1) hour of consultation time is required.

• Silent Notifications (47 CFR 73.1740). We estimate that 400 notices (including Notification of Suspension and Resumption of Operations) will be filed with the Commission annually. We estimate that 75% (300) of these filings will be made by the station licensee/permittee and will require 30 minutes (0.5 hours) preparation and 25% (100) of these filings will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour of consultation.

• Section 73.1615 Notifications (47 CFR 73.1615). We estimate that 300 notices will be filed with the FCC annually. We estimate that about 67% (200) filings will be made by the station licensee/permittee and will require 30 minutes (0.5 hours) preparation and the remaining one-third (100) of these filings will be contracted out to attorneys and/or consulting engineers and will require one (1) hour of consultation.

• Tolling Notifications (47 CFR 73.3598). We estimate that 60 notifications and 60 waivers for additional time to construct will be filed with the Commission annually. We estimate 30 notifications and 30 waivers (50%) will be made by the station licensee/permittee and will require 30 minutes (0.5 hours) preparation and the remaining 30 notifications and 30 waivers will be contracted out to attorneys and/or consulting engineers and will require one (1) hour of consultation..

• Low Power Television, TV Translator and Class A TV Digital Transition Notification. We estimate 276 LPTV digital transition notifications will be filed with the Commission. We estimate that 2,195 filings (90%) will be made by the station licensee/permittee and will require 30 minutes (0.5 hours) preparation, while 244 filings (10%) will be contracted out to outside attorneys and/or consulting engineers and will require 30 minutes (0.5 hours) of consultation.

• FM6 LPTV Station One-Time Letter Notification. We estimate 14 FM6 LPTV stations will file the one-time letter notification. We estimate that 14 filings (100%) will be contracted out to outside attorneys and/or consulting engineers and will require 1 hour of consultation.

• FM6 LPTV Station One-Time Letter Notification. We estimate 14 FM6 LPTV stations will file the discontinuation letter notification. We estimate that 14 filings (100%) will be contracted out to outside attorneys and/or consulting engineers and will require 1 hour of consultation.

c) Informal Filings:

• Informal letter requests (47 CFR 73.1615). We estimate that 150 of these informal letter requests will be filed with the FCC annually. We estimate 30 informal letters (20%) will be made by the station licensee/permittee and will require four (4) hours preparation, while 120 letters (80%) will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour consultation.

• Silent STAs and Extensions (47 CFR 73.1740). We estimate 300 filings will be filed with the Commission annually. We estimate that 30 filings (10%) will be made by the station licensee/permittee and will require 30 minutes (0.5 hours) preparation and 270 filings (90%) will be contracted out to outside attorneys and/or consulting engineers and will require one (1) hour of consultation.

Type	Number of Respondents	Number of Responses	Burden Hours of Respondents	Annual Burden Hours	Hourly Salary of Respondents2	Annual In-House Cost
12.a. STA Requests (47 CFR § 73.1635)
Legal STA-Licensee/Permittee	20	20	4 hrs	80 hrs	$48.08	$3,846.40
Legal STA filed by outside attorney via respondent	180	180	1 hr consultation	180 hrs	$48.08	$8,654.40
Engineering STA filed by Licensee/ Permittee	100	100	4 hrs	400 hrs	$48.08	$19,232.00
Engineering STA filed by consulting engineer via respondent	900	900	1 hr consultation	900 hrs	$48.08	$43,272.00
Total STA Requests	1,200	1,200		1,560		$75,004.80
12.b. Notifications (47 CFR Part 73 and 74)
Change in Official Mailing Address for Broadcast Station	200	200	0.5 hrs	100 hrs	$48.08	$4,808.00
Consummation Notices filed by Licensee/ Permittee	40	40	0.5 hrs	20 hrs	$48.08	$961.60
Consummation Notices filed by outside attorney via respondent	360	360	1 hr consultation	360 hrs	$48.08	$17,308.80
Silent Notifications filed by Licensee/ Permittee	300	300	0.5 hrs	150 hrs	$48.08	$7,212.00
Silent Notifications filed by outside attorney via respondent	100	100	1 hr consultation	100 hrs	$48.08	$4,808.00
Rule 73.1615 Notifications filed by Licensee/Permittee	200	200	0.5 hrs	100 hrs	$48.08	$4,808.00
Rule 73.1615 Notifications filed by outside engineer or attorney via respondent	100	100	1 hr consultation	100 hrs	$48.08	$4,808.00
Tolling Notifications and Waivers - Licensee/Permittee	60	60	0.5 hrs	30 hrs	$48.08	$1,442.40
Tolling Notifications and Waivers by engineer/attorney via respondent	60	60	1 hr consultation	60 hrs	$48.08	$2,884.80
LPTV, TV Translator, Class A Digital Transition Notification filed by Licensee/Permittee	2,195	2,195	0.5 hrs	1,098	$48.08	$52,791.84
LPTV, TV Translator, Class A Digital Transition Notification filed by engineer/attorney via respondent	244	244	0.5 hrs consultation	122	$48.08	$5,865.76
FM6 LPTV One-File Notification	14	14	1 hr consultation	14	$48.08	$673.12
FM6 LPTV Discontinuation Notification	14	14	1 hr consultation	14	$48.08	$673.12
Total Notifications	3,887	3,887		2,268 hrs		$109,045.44
12.c. Informal Filings (47 CFR Part 73)
Rule 73.1615 Informal Letters filed by Licensee/ Permittee	30	30	4 hrs	120 hrs	$48.08	$5,769.60
Rule 73.1615 Informal Letters filed by outside engineer or attorney via respondent	120	120	1 hr consultation	120 hrs	$48.08	$5,769.60
Silent STA or Extension filed by Licensee/ Permittee	30	30	0.5 hrs	15 hrs	$48.08	$721.20
Silent STA or Extension filed by outside engineer/attorney via respondent	270	270	1 hr consultation	270 hrs	$48.08	$12,981.60
Total Informal Filings	450	450		525 hrs.		$25,242.00
TOTAL ANNUAL FILINGS/HOURS	5,537	5,537		4,353 hrs.		$209,292.24

TOTAL BURDEN:

Number of Respondents: 5,537

Total Number of Responses: 5,537

Total Annual Burden Hours: 4,353

Total Annual In-house Cost: $209,292.24

13. ANNUAL COST BURDEN:

The following cost estimates are not impacted by FCC 14-50. They remain the same since they were last approved by OMB:

a) STA Requests. The respondent will use a consulting and/or engineer to prepare/file the legal (180) and engineering (900) STAs. The consulting fees are $300/hour for the attorney and $250/hour for an engineer. In addition, the respondent must pay a fee of $170 per STA request. We estimate that 85% of all requests filed (1,200) will be for commercial stations (1,200 x 85% = 1,020 requests).

180 Legal STA requests x 4 hours x $300/hour = $216,000

900 Engineering STA requests x 4 hours x $250/hour = $900,000

1,020 Feeable STA requests x $170 Fee/ request = $173,400

Annual Cost Burden = $1,289,400

b) Notifications. The respondent will use a consulting attorney and/or engineer to prepare various types of notifications. The consulting fees are $300/hour for the attorney and $250/hour for an engineer. However, we estimate the average salary at $275/hour because these filings may be reviewed and/or filed by either or both an outside attorney or engineer. No filing fees are associated with these notifications.

360 Consummation Notices x 1 hour x $275/hour = $99,000

360 Silent Notifications x 1 hour x $275/hour = $99,000

100 Rule 73.1615 notifications x 1 hour x $275/hour = $27,500

60 Tolling Notifications and Waivers x 1 hour x $275/hour = $16,500

244 Digital Transition Notifications x 1 hours x $275/hour = $67,100

14 FM6 LPTV One-Time Notifications x 1 hour x $275/hour = $ 3,850

14 FM6 LPTV Discont. Notifications x 1 hour x $275/hour = $ 3,850

Annual Cost Burden = $316,800

c) Informal Filings. The respondent will use a consulting attorney and/or engineer to prepare/file informal letters. The consulting fees are $300/hour for the attorney and $250/hour for an engineer. However, we estimate the average salary at $275/ because these filings may be reviewed and/or filed by either or both an outside attorney or engineer. In addition, the respondent pay a fee of $170 per STA request. We estimate that 85% of all requests filed will require the fee payment. (150 x 85% = 128 requests rounded up).

120 informal letter requests x 4 hours x $275/hour = $132,000

270 Silent STA requests x 1 hour x $275/hour = $ 74,250

128 informal letter requests x $170 Fee / request = $ 21,760

Annual Cost Burden = $228,010

Total Annual Cost Burden = $1,289,400 + $316,800 + $228,010 = $1,834,210

14. Cost to the Federal Government:

a) STA Requests. The FCC will use legal and engineer staff at the GS-14, step 5 level ($71.88/hour), paraprofessional staff at the GS-11, step 5 level ($42.68/hour) and clerical staff at the GS-5, step 5 level ($23.28/hour). Staff processing time varies from 0.50 to 2 hours..

1,200 STAs x $71.88 x 2 hours = $172,512.00

1,200 STAs x $42.68 x 2 hours = $102,432.00

1,200 STAs x $23.28 x 0.50 hour = $ 13,968.00

Total: $288,912.00

b) Notifications and Waivers. The FCC will use legal and engineering staff at the GS-14, step 5 level ($71.88/hour), paraprofessional staff at GS-11, step 5 level ($42.68/hour) and clerical staff at the GS-5, step 5 level ($23.28/hour). Staff processing time varies from 0.50 to 1 hour to process.

200 change of address notices x $23.28 x 0.50 hours = $ 2,328.00

1,220 notifications x 71.88 x 1 hour = $ 87,693.60

1,220 notifications x 42.68 x 1 hour = $ 52,069.60

1,220 notifications x $23.28 x 0.50 hours = $ 14,200.80

2,439 Digital Transition Notifications x $42.68 x .50 hour = $ 52,048.26

14 FM6 LPTV One-Time Notifications x $42.68 x 1.50 hour = $ 896.28

14 FM6 LPTV Discont. Notifications x $42.68 x 1.50 hour = $ 896.28

Total: $210,132.82

c) Informal Filings, Silent STAs or Extensions. The FCC will use legal and engineering staff at the GS-14, step 5 level ($71.88/hour), paraprofessional staff at GS-11, step 5 level ($42.68/hour) and clerical staff at GS-5, step 5 level ($23.28/hour). Staff processing time varies from 0.50 to 2 hours to process.

150 Rule 73.1615 Informal Letters x $71.88 x 2 hours = $21,564.00

150 Rule 73.1615 Informal Letters x $42.68 x 2 hours = $12,804.00

150 Rule 73.1615 Informal Letters x $23.28 x 0.50 hours = $ 1,746.00

300 Silent STAs or Extensions x 71.88 x 2 hours = $43,128.00

300 Silent STAs or Extensions x $42.68 x 2 hours = $25,608.00

300 Silent STAs or Extensions x $23.28 x 0.50 hours = $ 3,492.00

Total: $108,342.00

Total Cost to the Federal Government:

$288,912.00 + $210,132.82 + $108,342.00 = $607,386.82

15. The Commission does not have any program changes or adjustments to this collection as a result of the information collection requirements adopted in FCC 23-72.

There are no adjustments to this collection.

16. The data will not be published.

17. This information collection expiration date 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.

1 Generally, “non-form” filings are notifications or requests filed with the Commission that are submitted by informal letter as opposed to a specific Commission form.

2 This estimate is based on an average salary for a station manager of $100,000 per year or $48.08 per hour.

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