[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32034-32036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13130]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 09-52; FCC 11-190]
Policies To Promote Rural Radio Service and To Streamline
Allotment and Assignment Procedures
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection requirements and form revisions associated
with the Commission's rules contained in the Third Report and Order,
FCC 11-190, pertaining to the policies to promote rural radio service
and to streamline allotment and assignment procedures. This notice is
consistent with the Third Report and Order, which stated that the
Commission would publish a document
[[Page 32035]]
in the Federal Register announcing the effective date of these rules
and form changes.
DATES: 47 CFR 73.3573 and FCC Form 301, published at 77 FR 2916,
January 20, 2012, are effective July 2, 2012.
FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418-2918 or
via email to: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This document announces that, on April 27,
2012, OMB approved, for a period of three years, the information
collection requirements contained in the Commission's Third Report and
Order, FCC 11-190, published at 77 FR 2916, January 20, 2012. The OMB
Control Number is 3060-0027. The Commission publishes this notice as an
announcement of the effective date of the rule section and form
revisions.
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
April 27, 2012, for the information collection requirements contained
in the Commission's rule at 47 CFR 73.3573 and form revisions to FCC
Form 301.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number. The OMB
Control Number is 3060-0027.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0027.
Title: Application for Construction Permit for Commercial Broadcast
Station, FCC Form 301.
Form Number: FCC Form 301.
OMB Approval Date: April 27, 2012.
OMB Expiration Date: April 30, 2015.
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 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
[[Page 32036]]
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 under Section 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.
OMB approved the information collection requirements and form
revisions for this collection on April 27, 2012.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-13130 Filed 5-30-12; 8:45 am]
BILLING CODE 6712-01-P