[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1486-1487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-233]
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FEDERAL COMMUNICATIONS COMMISSION
Information Collections Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection, as required by the Paperwork
Reduction Act (PRA) of 1995. Comments are requested concerning (a)
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; (b) the accuracy
of the Commission's burden estimate; (c) ways to enhance the quality,
utility, and clarity of the information collected; (d) 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 (e) 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 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 Office of
Management and Budget (OMB) control number.
DATES: Written PRA comments should be submitted on or before March 12,
2012. 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 the Federal Communications
Commission via email to [email protected] and [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0027.
Title: Application for Construction Permit for Commercial Broadcast
Station, FCC Form 301.
Form Number: FCC Form 301.
Type of Review: Revision of a currently approved collection.
Respondents: Business and other for-profit entities; Not for profit
entities; State, local or Tribal governments.
Number of Respondents and Responses: 4,604 respondents and 8,040
responses.
Estimated Time per Response: 1-6.25 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 20,497 hours.
Total Annual Costs: $90,659,382.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i), 303 and 308 of the Communications Act of 1934, as
amended.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
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. To enhance the ability of
federally recognized Native American Tribes to provide vital radio
services to their citizens on Tribal lands, in the First R&O the
Commission established a Tribal Priority for use in its radio licensing
procedures. 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. On December 28, 2011, the Commission adopted a Third Report and
Order in MB Docket No. 09-52, FCC 11-190 (``Third R&O''). In the Third
R&O the Commission further refined the use of the Tribal Priority in
the commercial FM context, specifically adopting a ``threshold
qualifications'' approach to commercial FM application processing.
In the commercial FM context, the Tribal Priority is applied at the
allotment stage of the licensing process. A Tribe or Tribal entity
initiates the process by petitioning that a new Tribal Allotment be
added to the FM Table of Allotments using the Tribal Priority. A
petitioner seeking to add a Tribal Allotment to the FM Table of
Allotments, like all other FM allotment proponents, must file FCC Form
301 when submitting its Petition for Rule Making. Under the new
``threshold qualification'' procedures adopted in the Third R&O, once a
Tribal Allotment has been successfully added to the FM Table of
Allotments using the Tribal Priority through an FM allocations
rulemaking, the Commission will announce by Public Notice a Threshold
Qualifications Window (``TQ Window''). During the TQ Window, any Tribe
or Tribal entity that could qualify to add that particular Tribal
Allotment may file an FCC Form 301 application for that Tribal
Allotment. Such an applicant must demonstrate that it meets all of the
eligibility criteria for the Tribal Priority, just as the original
Tribal Allotment proponent did at the allotment stage. If it wishes its
previously filed Form 301 application to be considered at this stage,
then during the TQ Window the original Tribal Allotment proponent must
submit notice to process its pending Form 301 application immediately.
If only one acceptable application is filed during the TQ Window,
whether by the original Tribal allotment proponent submitting
notification to process its previously filed Form 301, or by another
qualified applicant, that application will be promptly processed and
the Tribal Allotment will not be auctioned. In the event that two or
more acceptable applications are filed during the TQ Window, the
Commission will announce a limited period in which the parties may
negotiate a settlement or bona fide merger, as a way of resolving the
mutual exclusivity between their applications. If a settlement or
merger is reached, the parties must notify the Commission and the staff
will process the surviving application pursuant to the settlement or
merger. If a settlement cannot be reached among the mutually exclusive
applicants, the Tribal Allotment will be auctioned during the next
scheduled FM auction. At that time, only the applicants whose
applications were accepted for filing during the TQ Window, as well as
the original Tribal Allotment proponent, will be permitted to bid on
that particular Tribal Allotment. This closed group of mutually
exclusive TQ Window applicants must comply with applicable established
auction procedures.
In the event that no qualifying party applies during the TQ Window,
and the original Tribal allotment proponent
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requests that its pending Form 301 application not be immediately
processed, the Tribal Allotment will be placed in a queue to be
auctioned in the normal course for vacant FM allotments. When the
Tribal Allotment is offered at auction for the first time, only
applicants meeting the ``threshold qualifications'' may specify that
particular Tribal Allotment on FCC Form 175, Application to Participate
in an FCC Auction (OMB Control No. 3060-0600). Should no qualifying
party apply to bid or qualify to bid on a Tribal Allotment in the first
auction in which it is offered, then the Tribal allotment will be
offered in a subsequent auction and any applicant, whether or not a
Tribal entity, may apply for the Tribal Allotment.
Consistent with actions taken by the Commission in the Third R&O,
Form 301 has been revised to accommodate applicants applying in a TQ
Window for a Tribal Allotment. As noted above, an applicant applying in
the TQ Window, who was not the original proponent of the Tribal
Allotment at the rulemaking stage, must demonstrate that it would have
qualified in all respects to add the particular Tribal Allotment for
which it is applying. Form 301 contains a new question in Section II--
Legal titled ``Tribal Priority--Threshold Qualifications.'' An
applicant answering ``yes'' to the question must provide an Exhibit
demonstrating that it meets all of the Tribal Priority eligibility
criteria. The Instructions for the Form 301 have been revised to assist
applicants with completing the responsive Exhibit.
In addition, Form 301 contains a new option underSection I--General
Information--Application Purpose, titled ``New Station with Petition
for Rulemaking to Amend FM Table of Allotments using Tribal Priority.''
A petitioner seeking to add a Tribal Allotment to the FM Table of
Allotments must file Form 301 when submitting its Petition for Rule
Making. This new Application Purpose field will assist the staff in
quickly identifying Form 301 applications filed in connection with a
petition to add a Tribal Allotment and initiating the ``threshold
qualification'' procedures.
This information collection is being revised to accommodate
applicants applying in a Threshold Qualifications Window for a Tribal
Allotment that had been added to the FM Table of Allotments using the
Tribal Priority under the new ``threshold qualifications'' procedures
adopted in the Third R&O.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-233 Filed 1-9-12; 8:45 am]
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