SUPPORTING STATEMENT

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SUPPORTING STATEMENT
A.  Justification: 

1.  The Commission is requesting an extension of this information collection in order to receive approval/clearance from the Office of Management and Budget (OMB) for three years.  

FCC Form 2100, Schedule 340, Noncommercial Educational Station for Reserved Channel Construction Permit Application (Schedule 340), is used to apply for authority to construct a new full-service noncommercial educational (NCE1) FM or DTV broadcast station (including a DTS facility2), to make changes in an authorized NCE broadcast station, or to amend a pending Schedule 340 application.  Schedule 340 is used only if the station will operate on a channel that is reserved exclusively for NCE use, or in the situation where applications for NCE stations on non-reserved channels3 are mutually exclusive4 only with one another.  Also, Schedule 340 is used by Native American Tribes and Alaska Native Villages (Tribes), Tribal consortia, or entities owned or controlled by Tribes when qualifying for the “Tribal Priority” under 47 CFR §§ 73.7000, 73.7002.5 

Schedule 340’s Online Notice (third party disclosure) Requirement:  47 CFR Section 73.3580, as amended in the Commission’s 2020 Public Notice Second Report and Order,6 discussed below, requires local public notice of the filing of all applications to construct a new full-service NCE FM or DTV broadcast station.  Notice is given by an applicant posting notice of the application filing on its station website, its licensee website, its parent entity website, or on a publicly accessible, locally targeted website, for 30 consecutive days beginning within five business days of acceptance of the application for filing.  The online notice must link to a copy of the application as filed, either in the station’s Online Public Inspection File or in another Commission database.
 
History:

    I.  2019 NCE-LPFM Report and Order

This submission was made to OMB for the approval of information collection requirements contained in the Commission’s NCE LPFM Report and Order7 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 were 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) eliminated the governing document requirements for established local applicants and applicants claiming diversity points; (2) established a uniform divestiture pledge policy; (3) expanded the tie-breaker criteria and revised the procedures for allocating time in mandatory time-sharing situations; and (4) clarified and modified the “holding period” rule.

	Second, the NCE LPFM Report and Order adopted the following changes to the LPFM comparative process: (1) prohibited amendments that attempt to cure past unauthorized station violations; (2) authorized time-sharing discussions prior to tentative selectee designations; and (3) established procedures for remaining tentative selectees following dismissal of point aggregation time-share agreements.

Third, the NCE LPFM Report and Order adopted the following general changes: (1) defined which applicant board changes are major changes; (2) clarified the reasonable site assurance requirements; (3) streamlined construction deadline tolling procedures and notification requirements; (4) lengthened the LPFM construction period; and (5) eliminated restrictions on the assignment and transfer of LPFM authorizations.   

Specifically, pertaining to this Information Collection and NCE stations, the Commission revised the relevant rules, 47 CFR §§ 73.7002, 73.7003, and 73.7005, the form, and corresponding instructions, as follows:

    (1) Changed all former references from “holding period” to “maintenance of comparative qualifications.” 8  During the four-year “maintenance of comparative qualifications” period, an NCE station receiving a decisive preference for fair distribution of service, in accordance with the provisions of 47 CFR section 73.7002,9 must certify that any technical modification to its authorized facilities satisfies the technical requirements of 47 CFR § 73.7005(b).10
    (2) Added an “Established Local Applicant Pledge,” requiring an applicant to pledge to maintain localism characteristics during the four-year maintenance of comparative qualifications period, if the applicant certifies that it qualifies for points as an “established local applicant” in the Point System Factors of 47 CFR § 73.7003.11
    (3) Added a “Diversity Pledge,” requiring an applicant to pledge to comply with all of the restrictions on station modifications and acquisitions (as defined in 47 CFR section 73.7005) during the four-year maintenance of comparative qualifications period, if the applicant certifies that it qualifies for “local diversity of ownership” points in the Point System Factors of 47 CFR § 73.7003.12 
    (4) Modified the divestiture sub-question certification, to reflect the new divestiture policies, in the Diversity of Ownership question in the Point System Factors Section.13 
    (5) Added a new question in the Tie Breakers section of the form, reflecting the new third tie-breaker criterion of 47 CFR § 73.7003(c)(3).14
    (6) Added a new question in the Tie Breakers Section of the form, requiring the applicant to provide its initial date of establishment.
    (7) Added a Reasonable Site Assurance Certification in the Technical Certifications Section of the form, requiring the applicant to certify that it has obtained reasonable assurance from the tower owner or authorized representative, that its specified site will be available.15

The revisions to the relevant rules, and the changes to the questions in Schedule 340 listed above affected the substance, burden hours, and costs of completing the Schedule 340.  Therefore, this submission was made to OMB for approval of revised Information Collection requirements. 

    II. 2020 Public Notice Second Report and Order

On May 12, 2020, the Commission adopted Amendment of Section 73.3580 of the Commission’s Rules Regarding Public Notice of the Filing of Applications; Modernization of Media Regulation Initiative; Revision of the Public Notice Requirements of Section 73.3580, Second Report and Order, MB Docket Nos. 17-254, 17-105, & 05-6, FCC 20-65 (rel. May 13, 2020).  The Commission adopted new, streamlined procedures for stations to provide public notice of the filing of certain applications.  Stations, including stations filing for new construction permits or major modifications to facilities, that were previously required to post public notice in a local newspaper, must now post notice online, either on the station website or a website affiliated with the station, its licensee, or its parent entity, or else must post notice on a publicly accessible, locally targeted website, for 30 continuous days following acceptance of the application for filing.  Stations that are required to make on-air announcements of the filing of certain applications, must continue to do so, but the announcements are shorter and direct viewers and listeners to the application as filed and displayed in either the station’s Online Public Inspection File or another Commission database.  A total of six on-air announcements are required, at least one per week and no more than one per day or two per week, to be broadcast between 7:00 a.m. and 11:00 p.m. local time, Monday through Friday, beginning after the application is accepted for filing.  

This submission was made to OMB for approval of the modified third-party disclosure requirements for this Information Collection, as adopted in the 2020 Public Notice Second Report and Order.  The changes pertaining to this Information Collection and to 47 CFR § 73.3580 adopted in the 2020 Public Notice Second Report and Order, which are listed below, did not necessitate changes to the Schedule 340, nor did they affect the substance, burden hours, or costs of completing the forms.  The rule changes did, however, reduce burdens and costs associated with filing the application, as set forth below.

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 154(i), 303, and 308 of the Communications Act of 1934, as amended. 

2.  Agency Use of Information:  The data collected by Schedule 340 is used by FCC staff to determine whether the applicants meet basic statutory requirements to become a Commission licensee/permittee and to assure that the public interest would be served by grant of the application.  In the case of mutually exclusive qualified applicants, the information will be used to determine which proposal would best serve the public interest.

3.  Consideration Given to Information Technology:  The Commission requires applicants to file these forms electronically.

4.  Effort to Identify Duplication and Use Similar Information:  This agency does not impose a similar information collection on the respondents.  There are no similar data available. 

5.  Effort to Reduce Small Business Burden:  In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents.  The Commission has limited the information requirements to those that are absolutely necessary for evaluating and processing the applications and resolving competing applications, and to deter possible abuses of the processes.  Therefore, the information collection does not have a significant economic impact on a substantial number of small entities/businesses.

6.  Less Frequent Data Collection:  The frequency for filing is determined by the respondents, as necessary.

7.  Information Collection Circumstances:  This collection of information is consistent with the guidelines in 5 CFR § 1320.5(d)(2). 

8.  Comments Received from the Public:  Opportunity for public comment on this information collection requirement contained in this supporting statement has been published in a notice in the Federal Register at 91 FR 27332 on May 14, 2026.  No comments were received from the public.  

9.  Payment or Gift:  No payment or gift is provided to the respondents.

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

11.  Justification for Sensitive Questions:  This information collection does not address any private matters of a sensitive nature. 

12.  Estimate of Burden and Burden Hour Cost:  The following estimates are provided for public burdens for this information collection.  These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.

We estimate that a total of 1,615 Form 340 construction permit applications will be filed by NCE full-power FM and DTV stations with the Commission annually. We assume that each respondent station licensee/permittee will contract with a consulting engineer to complete the engineering section of the application and will also contract with an attorney to complete the legal section of the application, review and file the LMS Schedule 340.  We estimate that the respondent will spend approximately 2-6 hours consulting and reviewing the application with the outside engineering and legal consultants, depending upon the application type (e.g., New & Major, Tribal New & Major, Minor, DTS).  We estimate that the respondent will have an average salary of $100,000/year ($48.08/hour).

	Online Notices (47 CFR § 73.3580):
Section 73.3580 online notices are required upon submission of construction permit applications for New & Major Changes.  We estimate that it will take the respondent approximately one-half hour to fulfill the online notice requirement.  We estimate that the respondent will have an average salary of $100,000/year ($48.08/hour).

Type
# of Respondents
# of Responses
Burden Hours of Respondents
Annual Burden Hours
Hourly Salary of Respondents16
Annual In-House Cost

NCE Full-Power FM and DTV
FM NCE New & Major
1,000
1,000
4 hrs. consultation
4,000 hrs
$48.08
$192,320.00

FM NCE New & Major (Tribal Applicant)
17517
175
6 hrs. consultation
1,050 hrs
$48.08
$50,484.00

FM NCE Minor
300
300
2 hrs. consultation
600 hrs
$48.08
$28,848.00


DTV NCE New & Major
30
30
4 hrs. consultation
120 hrs
$48.08
$5,769.60

DTV NCE Minor
100
100
2 hrs. consultation
200 hrs
$48.08
$9,616.00

DTS
10
10
3 hrs. consultation
30 hrs
$48.08
$1,442.40


Subtotal
1,615
1,615

6,000 hrs

$288,480.00


Online Notices (Third Party Disclosure) Requirement; 47 CFR § 73.3580
Online Notices with FM NCE New & Major applications (Schedule 340)
1,175
1,175
0.5 hr.
587.50 hrs
$48.08
$28,247.00


Online Notices with DTV NCE New applications (Schedule 340)
30
30
0.5 hr.
15 hrs
$48.08
$721.20


 
Online Notices Subtotal

1,205

1,205


602.5 hrs


$28,968.20



TOTAL                                                                        


2,820



2,820



6,603 hrs.
(rounded)



$317,448.20


13. Annual Cost Burden to Respondents:  The annual cost burden to the respondents was calculated as follows:
    • We assume that each respondent station will contract with a consulting engineer to complete the engineering section of the application and will also contract with an attorney to complete the legal section of the application, review the application, and file LMS Schedule 340.  We estimate that the time spent by outside engineering and legal consultants to complete, review and file the form will vary, depending upon the application and service type.  The consulting engineers’ and outside attorneys’ burden hour estimates have been adjusted to reflect the modifications to the technical and legal questions in the Schedule 340, as described above.  We estimate that the consulting engineer will have a rate of $250/hour and the outside attorney will charge approximately $300/hour.
    • Online Notice Posting Fee:  An FM or DTV applicant must give local public notice of the filing of its Schedule 340 construction permit application for a new station or for a major change in facilities.  This notice will generally be accomplished by posting the notice on an applicant-owned or affiliated website, or on a free-to-post locally targeted, publicly accessible website.  We estimate that 85 percent of applicants will be able to post online notice on an applicant-affiliated website or other free-to-post local website.  The remaining 15 percent will have to pay to post on a local website, which in most cases will be the website of a local newspaper that will charge the applicant for a printed notice, with the online posting included in the price.  For an applicant forced to pay to post online notice, the notice must be posted on a locally targeted, publicly accessible website for at least a 24-hour period once a week for four consecutive weeks, beginning when the application is accepted for filing.  The cost of this posting is estimated to be the same per posting as the cost of publishing for one day in a local newspaper, or $113.25/publication.
    • Filing Fee:  There is no filing fee for the Form 340, which is only filed by NCE stations.
Type
Number of Forms
Consultant’s Burden
Total Annual Burden Hours
Consultant’s Hourly Fee or Application Fee
Cost Burden

FM NCE New & Major Engineering Consultant
1,000
70 hrs
70,000 hrs
$250.00
$17,500,000.00
FM NCE New & Major Outside Attorney
1,000
6 hrs
6,000 hrs
$300.00
$  1,800,000.00
FM NCE New & Major Engineering Consultant (Tribal Applicant)
175
70 hrs
12,250 hrs
$250.00
$  3,062,500.00
FM NCE New & Major Outside Attorney (Tribal Applicant)
175
7 hrs
1,225 hrs
$250.00
$     306,250.00
Outside Online Notice Posting Fee
168
4 postings

$113.25/fee
$       76,104.00
FM NCE Minor Engineering Consultant
300
70 hrs
21,000 hrs
$250.00
$  5,250,000.00
FM NCE Minor Outside Attorney
300
6 hrs
1,800 hrs
$300.00
$     540,000.00

DTV NCE New & Major Engineering Consultant
30
35 hrs
1,050 hrs
$250.00
$     262,500.00
DTV NCE New & Major Outside Attorney
30
6 hrs
180 hrs
$300.00
$       54,000.00
Outside Online Notice Posting Fee
5
4 publications

$113.25/fee
$         2,265.00
DTV NCE Minor Engineering Consultant
100
35 hrs
3,500 hrs
$250.00
$     875,000.00
DTV NCE Minor Outside Attorney
100
6 hrs
600 hrs
$300.00
$     180,000.00
DTS NCE Engineering Consultant
10
45 hrs
450 hrs
$250.00
$     112,500.00
DTS NCE Outside Attorney
10
6 hrs
60 hrs
$300.00
$       18,000.00
 Annual Cost Burden Total
$30,039,119.00

14.  Cost to Federal Government:  The total cost to the Federal Government was calculated as follows:
FM New and Major Applications: 
Clerical		             1.5 hours x $25.31/hour x 1,000 = 		$     37,965.00    
Paraprofessional 	7.0 hours x $46.40/hour x 1,000 =   		$   324,800.00 
Professional		36.9 hours x $78.15/hour x 1,000 = 		$2,883,735.00
					                                                       $3,246,500.00
FM New and Major Applications (Tribal Applicants): 
Clerical		             1.6 hours x $25.31/hour x 175  = 			$    7,086.80      
Paraprofessional             7.5 hours x $46.40/hour x 175 =   			$  60,900.00
Professional	           37.5 hours x $78.15/hour x 175 = 			$512,859.38  
                           								$580,846.18 
FM Minor Change:
Clerical		              2.0 hours x $25.31/hour x 300 =  		             $  15,186.00 
Paraprofessional	              6 hours x $46.40/hour x 300 =		             $  83,520.00 
Professional		25 hours x $78.15/hour x 300 = 		             $586,125.00
                                                                                                                                         $684,831.00
DTV Applications (New & Major and Minor Change):
Clerical			2 hours x $25.31/hour x 130 =			$    6,580.60  
Paraprofessional		6 hours x $46.40/hour x 130 = 	              	$  36,192.00
Professional		16 hours x $78.15/hour x 130 =	              	$162,552.00
									$205,324.60
DTS Applications:
Clerical			2 hours x $25.31/hour x 10 = 			$      506.20 
Paraprofessional		6 hours x $46.40/hour x 10 = 			$   2,784.00
	Professional		20 hours x $78.15/hour x 10 =			$ 15,630.00
										$ 18,920.20
	TOTAL COST TO THE FEDERAL GOVERNMENT:		$4,736,421.98

		    
The following data was used to calculate the total cost to the Federal Government:

*The Commission will use professional staff at the GS-14, step 5 level ($78.15/hour), paraprofessional staff at the GS-11, step 5 level ($46.40/hour) and clerical staff at the GS-5, step 5 level ($25.31/hour) to process these applications.

15. Reason for Changes in Burden or Cost:  There are no program changes or adjustments to this collection.  There is only a minor change to federal government salaries to reflect cost of living increases since the last time OMB reviewed this Collection.

16.  Plans for Publication: The applications are electronically filed and made available to the public.

17.  Display of OMB Approval Date: We request extension of the waiver not to publish the expiration date on the form. This will obviate the need for the Commission to update electronic forms upon the expiration of the clearance.  OMB approval of the expiration date of the information collection will be displayed on OMB’s website.

18.  Exceptions to the Certification Statement:  There are no exceptions to the Certification Statement. 

B.  Collections of Information Employing Statistical Methods

This information collection does not employ any statistical methods.