Notice2022-12014
Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2022
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34263-34265]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12014]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0176; OMB 3060-0667; OMB 3060-0996; FR ID 89727]
Information Collections Being Reviewed by the Federal
Communications Commission Under Delegated Authority
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act of 1995 (PRA), the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collection. Comments are requested
concerning: whether the proposed collection of information is necessary
for the proper performance of the functions of the Commission,
including whether the information shall have practical utility; the
accuracy of the Commission's burden estimate; ways to enhance the
quality, utility, and clarity of the information collected; ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees. The FCC may not conduct or sponsor a collection of
information unless it displays a currently valid Office of Management
and Budget (OMB) control number. No person shall be subject to any
penalty for failing to comply with a collection of information subject
to the PRA that does not display a valid OMB control number.
DATES: Written PRA comments should be submitted on or before August 5,
2022. If you anticipate that you will be submitting comments but find
it difficult to do so within the period of time allowed by this notice,
you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to
<a href="/cdn-cgi/l/email-protection#7d2d2f3c3d1b1e1e531a120b"><span class="__cf_email__" data-cfemail="98c8cad9d8fefbfbb6fff7ee">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#0a496b7e6273245d636666636b67794a6c6969246d657c"><span class="__cf_email__" data-cfemail="99daf8edf1e0b7cef0f5f5f0f8f4ead9fffafab7fef6ef">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0176.
Title: Section 73.1510, Experimental Authorizations.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit entities.
Number of Respondents and Responses: 230 respondents; 230
responses.
Estimated Time per Response: 2.25-5.25 hours.
Frequency of Response: On occasion reporting requirement.
Total Annual Burden: 983 hours.
Total Annual Costs: $231,250.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of
[[Page 34264]]
information is contained in Section 154(i) of the Communications Act of
1934, as amended.
Needs and Uses: The information collection requirements contained
in 47 CFR 73.1510 require that a licensee of an AM, FM, and TV
broadcast station to file an informal application with the FCC to
request an experimental authorization to conduct technical
experimentation directed toward improvement of the technical phases of
operation and service. This request shall describe the nature and
purpose of experimentation to be conducted, the nature of the
experimental signal transmission, and the proposed hours and duration
of the experimentation. The data are used by FCC staff to maintain
complete technical information about a broadcast station and to ensure
that such experimentation does not cause interference to other
broadcast stations.
OMB Control Number: 3060-0667.
Title: Section 76.630(a), Compatibility with Consumer Electronic
Equipment.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1 respondent, 50,001
responses.
Estimated Hours per Response: .017-3 hours.
Frequency of Response: On occasion reporting requirement.
Total Annual Burden: 853 hours.
Total Annual Cost: $1,550.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Section 4(i) and Section 632 of the Communications Act of 1934, as
amended.
Needs and Uses: The information collection requirements contained
in 47 CFR 76.630(a) state a cable system operator shall not scramble or
otherwise encrypt signals carried on the basic service tier. Requests
for waivers of this prohibition must demonstrate either a substantial
problem with theft of basic tier service or a strong need to scramble
basic signals for other reasons. As part of this showing, cable
operators are required to notify subscribers by mail of waiver
requests. The notice to subscribers must be mailed no later than thirty
calendar days from the date the request waiver was filed with the
Commission, and cable operators must inform the Commission in writing,
as soon as possible, of that notification date. The notification to
subscribers must state: On (date of waiver request was filed with the
Commission), (cable operator's name) filed with the Federal
Communications Commission a request for waiver of the rule prohibiting
scrambling of channels on the basic tier of service. 47 CFR 76.630(a).
The request for waiver states (a brief summary of the waiver request).
A copy of the request for waiver is on file for public inspection at
(the address of the cable operator's local place of business).
Individuals who wish to comment on this request for waiver should
mail comments to the Federal Communications Commission by no later than
30 days from (the date the notification was mailed to subscribers).
Those comments should be addressed to the: Federal Communications
Commission, Media Bureau, Washington, DC 20554, and should include the
name of the cable operator to whom the comments are applicable.
Individuals should also send a copy of their comments to (the cable
operator at its local place of business). Cable operators may file
comments in reply no later than 7 days from the date subscriber
comments must be filed.
OMB Control Number: 3060-0996.
Title: AM Auction Section 307(b) Submissions.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
entities; State, local or Tribal governments.
Number of Respondents and Responses: 210 respondents; 210
responses.
Estimated Time per Response: 0.5-6 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for the information collection requirements is
contained in Sections 154(i), 307(b) and 309 of the Communications Act
of 1934, as amended.
Total Annual Burden: 1,029 hours.
Total Annual Costs: $2,126,100.
Needs and Uses: On January 28, 2010, the Commission adopted a First
Report and Order and Further Notice of Proposed Rulemaking (``First
R&O'') in MB Docket No. 09-52, FCC 10-24. The First R&O adopted changes
to certain procedures associated with the award of broadcast radio
construction permits by competitive bidding, including modifications to
the manner in which it awards preferences to applicants under the
provisions of Section 307(b). In the First R&O, the Commission added a
new Section 307(b) priority that would apply only to Native American
and Alaska Native Tribes, Tribal consortia, and majority Tribal-owned
entities proposing to serve Tribal lands. As adopted in the First R&O,
the priority is only available when all of the following conditions are
met: (1) The applicant is either a Federally recognized Tribe or Tribal
consortium, or an entity that is 51 percent or more owned or controlled
by a Tribe or Tribes; (2) at least 50 percent of the area within the
proposed station's daytime principal community contour is over that
Tribe's Tribal lands, in addition to meeting all other Commission
technical standards; (3) the specified community of license is located
on Tribal lands; and (4) in the commercial AM service, the applicant
must propose first or second aural reception service or first local
commercial Tribal-owned transmission service to the proposed community
of license, which must be located on Tribal lands. Applicants claiming
Section 307(b) preferences using these factors will submit information
to substantiate their claims.
On March 3, 2011, the Commission adopted a Second Report and Order
(``Second R&O''), First Order on Reconsideration, and Second Further
Notice of Proposed Rule Making in MB Docket No. 09-52, FCC 11-28. The
First Order on Reconsideration modified the initially adopted Tribal
Priority coverage requirement, by creating an alternate coverage
standard under criterion (2), enabling Tribes to qualify for the Tribal
Priority even when their Tribal lands are too small or irregularly
shaped to comprise 50 percent of a station's signal. In such
circumstances, Tribes may claim the priority (i) if the proposed
principal community contour encompasses 50 percent or more of that
Tribe's Tribal lands, but does not cover more than 50 percent of the
Tribal lands of a non-applicant Tribe; (ii) serves at least 2,000
people living on Tribal lands, and (iii) the total population on Tribal
lands residing within the station's service contour constitutes at
*53723 least 50 percent of the total covered population, with provision
for waivers as necessary to effectuate the goals of the Tribal
Priority. This modification will now enable Tribes with small or
irregularly shaped lands to qualify for the Tribal Priority.
The modifications to the Commission's allotment and assignment
policies adopted in the Second R&O included a rebuttable ``Urbanized
Area service presumption'' under Priority (3), whereby an application
to locate or relocate a station as the first local transmission service
at a community located within an Urbanized Area, that
[[Page 34265]]
would place a daytime principal community signal over 50 percent or
more of an Urbanized Area, or that could be modified to provide such
coverage, will be presumed to be a proposal to serve the Urbanized Area
rather than the proposed community. In the case of an AM station, the
determination of whether a proposed facility ``could be modified'' to
cover 50 percent or more of an Urbanized Area will be made based on the
applicant's certification in the Section 307(b) showing that there
could be no rule-compliant minor modifications to the proposal, based
on the antenna configuration or site, and spectrum availability as of
the filing date, that could cause the station to place a principal
community contour over 50 percent or more of an Urbanized Area. To the
extent the applicant wishes to rebut the Urbanized Area service
presumption, the Section 307(b) showing must include a compelling
showing (a) that the proposed community is truly independent from the
Urbanized Area; (b) of the community's specific need for an outlet of
local expression separate from the Urbanized Area; and (c) the ability
of the proposed station to provide that outlet.
In the case of applicants for new AM stations making a showing
under Priority (4), other public interest matters, an applicant that
can demonstrate that its proposed station would provide third, fourth,
or fifth reception service to at least 25 percent of the population in
the proposed primary service area, where the proposed community of
license has two or fewer transmission services, may receive a
dispositive Section 307(b) preference under Priority (4). An applicant
for a new AM station that cannot demonstrate that it would provide the
third, fourth, or fifth reception service to the required population at
a community with two or fewer transmission services may also, under
Priority (4), calculate a ``service value index'' as set forth in the
case of Greenup, Kentucky and Athens, Ohio, Report and Order, 2 FCC Rcd
4319 (MMB 1987). If the applicant can demonstrate a 30 percent or
greater difference in service value index between its proposal and the
next highest ranking proposal, it can receive a dispositive Section
307(b) preference under Priority (4). Except under these circumstances,
dispositive Section 307(b) preferences will not be granted under
Priority (4) to applicants for new AM stations. The Commission
specifically stated that these modified allotment and assignment
procedures will not apply to pending applications for new AM stations
and major modifications to AM facilities filed during the 2004 a.m.
Auction 84 filing window.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-12014 Filed 6-3-22; 8:45 am]
BILLING CODE 6712-01-P
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