[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37809-37812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14903]
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FEDERAL COMMUNICATIONS COMMISSION
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: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork
[[Page 37810]]
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 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 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 August 23,
2013. 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: 3060-0248.
Title: Section 74.751, Modification of Transmission Systems.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, Local or Tribal Government.
Number of Respondents and Responses: 400 respondents; 400
responses.
Estimated Time per Response: 0.50 hours.
Frequency of Response: On occasion reporting requirement;
Recordkeeping requirement.
Total Annual Burden: 200 hours.
Total Annual Cost: None.
Nature of Response: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Section 154(i)
of the Communications Act of 1934, as amended.
Confidentiality: There is no need for confidentiality with this
collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: 47 CFR 74.751(a) and (c) require licensees of low
power TV or TV translator stations to send written notification to the
FCC of equipment changes which may be made at licensee's discretion
without the use of a formal application. Section 74.751(d) requires
that licensees of low power TV or TV translator stations place in the
station records a certification that the installation of new or
replacement transmitting equipment complies in all respects with the
technical requirements of this section and the station authorization.
The notifications and certifications of equipment changes are used by
FCC staff to ensure that the equipment changes made are in full
compliance with the technical requirements of this section and the
station authorizations and will not cause interference to other
authorized stations.
OMB Control Number: 3060-0216.
Title: Section 73.3538, Application to Make Changes in an Existing
Station; Section 73.1690(e), Modification of Transmission Systems.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities, Not-for-profit
institutions.
Number of Respondents and Responses: 650 respondents; 650
responses.
Estimated Hours per Response: 0.50--3 hours
Frequency of Response: On occasion reporting requirement;
Recordkeeping requirement.
Total Annual Burden: 1,100 hours.
Annual Burden Cost: None.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i), 303(r), 308, 309(j) and 337(e) of the Communications
Act of 1934, as amended.
Privacy Impact Assessment: No impact(s)
Needs and Uses: Section 73.3538(b)(1) of the Commission's rules
requires a broadcast station to file an informal application to modify
or discontinue the obstruction marking or lighting of an antenna
supporting structure.
Section 73.1690(e) of the Commission's rules requires AM, FM and TV
station licensees to prepare an informal statement or diagram
describing any electrical and mechanical modification to authorized
transmitting equipment that can be made without prior Commission
approval provided that equipment performance measurements are made to
ensure compliance with FCC rules. This informal statement or diagram
must be retained at the transmitter site as long as the equipment is in
use.
OMB Control Number: 3060-0185.
Title: Section 73.3613, Filing of Contracts.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents and Responses: 2,300 respondents; 2,300
responses.
Estimated Hours per Response: 0.25 to 0.5 hours
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third party disclosure
Total Annual Burden: 950 hours.
Total Annual Cost: $120,000.
Privacy Impact Assessment: No impact(s).
Obligation To Respond: Required to obtain or retain benefits.
Nature and Extent of Confidentiality: No need for confidentiality
required. The statutory authority for this collection is contained in
Sections 154(i) and 303 of the Communications Act of 1934, as amended.
Needs and Uses: 47 CFR 73.3613 requires each licensee or permittee
of a commercial or noncommercial AM, FM, TV or International broadcast
station shall file with the FCC copies of the following contracts,
instruments, and documents together with amendments, supplements, and
cancellations (with the substance of oral contracts reported in
writing), within 30 days of execution thereof:
(a) Network service: Network affiliation contracts between stations
and networks will be reduced to writing and filed as follows:
(1) All network affiliation contracts, agreements, or
understandings between a TV broadcast or low power TV station and a
national network. For the purposes of this paragraph the term network
means any person, entity, or
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corporation which offers an interconnected program service on a regular
basis for 15 or more hours per week to at least 25 affiliated
television licensees in 10 or more states; and/or any person, entity,
or corporation controlling, controlled by, or under common control with
such person, entity, or corporation.
(2) Each such filing on or after May 1, 1969, initially shall
consist of a written instrument containing all of the terms and
conditions of such contract, agreement or understanding without
reference to any other paper or document by incorporation or otherwise.
Subsequent filings may simply set forth renewal, amendment or change,
as the case may be, of a particular contract previously filed in
accordance herewith.
(3) The FCC shall also be notified of the cancellation or
termination of network affiliations, contracts for which are required
to be filed by this section.
(b) Ownership or control: Contracts, instruments or documents
relating to the present or future ownership or control of the licensee
or permittee or of the licensee's or permittee's stock, rights or
interests therein, or relating to changes in such ownership or control
shall include but are not limited to the following:
(1) Articles of partnership, association, and incorporation, and
changes in such instruments;
(2) Bylaws, and any instruments effecting changes in such bylaws;
(3) Any agreement, document or instrument providing for the
assignment of a license or permit, or affecting, directly or
indirectly, the ownership or voting rights of the licensee's or
permittee's stock (common or preferred, voting or nonvoting), such as:
(i) Agreements for transfer of stock;
(ii) Instruments for the issuance of new stock; or
(iii) Agreements for the acquisition of licensee's or permittee's
stock by the issuing licensee or permittee corporation. Pledges, trust
agreements, options to purchase stock and other executory agreements
are required to be filed. However, trust agreements or abstracts
thereof are not required to be filed, unless requested specifically by
the FCC. Should the FCC request an abstract of the trust agreement in
lieu of the trust agreement, the licensee or permittee will submit the
following information concerning the trust:
(A) Name of trust;
(B) Duration of trust;
(C) Number of shares of stock owned;
(D) Name of beneficial owner of stock;
(E) Name of record owner of stock;
(F) Name of the party or parties who have the power to vote or
control the vote of the shares; and
(G) Any conditions on the powers of voting the stock or any unusual
characteristics of the trust.
(4) Proxies with respect to the licensee's or permittee's stock
running for a period in excess of 1 year, and all proxies, whether or
not running for a period of 1 year, given without full and detailed
instructions binding the nominee to act in a specified manner. With
respect to proxies given without full and detailed instructions, a
statement showing the number of such proxies, by whom given and
received, and the percentage of outstanding stock represented by each
proxy shall be submitted by the licensee or permittee within 30 days
after the stockholders' meeting in which the stock covered by such
proxies has been voted. However, when the licensee or permittee is a
corporation having more than 50 stockholders, such complete information
need be filed only with respect to proxies given by stockholders who
are officers or directors, or who have 1% or more of the corporation's
voting stock. When the licensee or permittee is a corporation having
more than 50 stockholders and the stockholders giving the proxies are
not officers or directors or do not hold 1% or more of the
corporation's stock, the only information required to be filed is the
name of any person voting 1% or more of the stock by proxy, the number
of shares voted by proxy by such person, and the total number of shares
voted at the particular stockholders' meeting in which the shares were
voted by proxy.
(5) Mortgage or loan agreements containing provisions restricting
the licensee's or permittee's freedom of operation, such as those
affecting voting rights, specifying or limiting the amount of dividends
payable, the purchase of new equipment, or the maintenance of current
assets.
(6) Any agreement reflecting a change in the officers, directors or
stockholders of a corporation, other than the licensee or permittee,
having an interest, direct or indirect, in the licensee or permittee as
specified by Sec. 73.3615.
(7) Agreements providing for the assignment of a license or permit
or agreements for the transfer of stock filed in accordance with FCC
application Forms 314, 315, 316 need not be resubmitted pursuant to the
terms of this rule provision.
(c) Personnel: (1) Management consultant agreements with
independent contractors; contracts relating to the utilization in a
management capacity of any person other than an officer, director, or
regular employee of the licensee or permittee; station management
contracts with any persons, whether or not officers, directors, or
regular employees, which provide for both a percentage of profits and a
sharing in losses; or any similar agreements.
(2) The following contracts, agreements, or understandings need not
be filed: Agreements with persons regularly employed as general or
station managers or salesmen; contracts with program managers or
program personnel; contracts with attorneys, accountants or consulting
radio engineers; contracts with performers; contracts with station
representatives; contracts with labor unions; or any similar
agreements.
(d)(1) Time brokerage agreements (also known as local marketing
agreements): Time brokerage agreements involving radio stations where
the licensee (including all parties under common ownership) is the
brokering entity, the brokering and brokered stations are both in the
same market as defined in the local radio multiple ownership rule
contained in Sec. 73.3555(a), and more than 15 percent of the time of
the brokered station, on a weekly basis is brokered by that licensee;
time brokerage agreements involving television stations where the
licensee (including all parties under common control) is the brokering
entity, the brokering and brokered stations are both licensed to the
same market as defined in the local television multiple ownership rule
contained in Sec. 73.3555(b), and more than 15 percent of the time of
the brokered station, on a weekly basis, is brokered by that licensee;
time brokerage agreements involving radio or television stations that
would be attributable to the licensee under Sec. 73.3555 Note 2,
paragraph (i). Confidential or proprietary information may be redacted
where appropriate but such information shall be made available for
inspection upon request by the FCC.
(2) Joint sales agreements: Joint sales agreements involving radio
stations where the licensee (including all parties under common
control) is the brokering entity, the brokering and brokered stations
are both in the same market as defined in the local radio multiple
ownership rule contained in Sec. 73.3555(a), and more than 15 percent
of the advertising time of the brokered station on a weekly basis is
brokered by that licensee. Confidential or proprietary information may
be redacted where appropriate but such information
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shall be made available for inspection upon request by the FCC.
(e) The following contracts, agreements or understandings need not
be filed but shall be kept at the station and made available for
inspection upon request by the FCC; sub-channel leasing agreements for
Subsidiary Communications Authorization operation; franchise/leasing
agreements for operation of telecommunications services on the
television vertical blanking interval and in the visual signal; time
sales contracts with the same sponsor for 4 or more hours per day,
except where the length of the events (such as athletic contests,
musical programs and special events) broadcast pursuant to the contract
is not under control of the station; and contracts with chief
operators.
OMB Control Number: 3060-0932.
Title: Application for Authority to Construct or Make Changes in a
Class A Television Broadcast Station, FCC Form 301-CA; 47 CFR
Section74.793(d).
Form Number: FCC Form 301-CA.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit; Not-for-profit
institutions; State, local or tribal government.
Number of Respondents and Responses: 400 respondents; 400
responses.
Estimated Time per Response: 2.25-6 hours.
Frequency of Response: On occasion reporting requirement; One-time
reporting requirement; Third party disclosure requirement.
Total annual burden: 3,300.
Total annual costs: $3,199,200.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Sections
154(i), 307, 308, 309 and 319 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: No impact(s).
Needs and Uses: FCC Form 301-CA is to be used in all cases by a
Class A television station licensees seeking to make changes in the
authorized facilities of such station. The FCC Form 301-CA requires
applicants to certify compliance with certain statutory and regulatory
requirements. Detailed instructions on the FCC Form 301-CA provide
additional information regarding Commission rules and policies. The FCC
301-CA application is presented primarily in a ``Yes/No'' certification
format. However, it contains appropriate places for submitting
explanations and exhibits where necessary or appropriate. Each
certification constitutes a material representation. Applicants may
only mark the ``Yes'' certification when they are certain that the
response is correct. A ``No'' response is required if the applicant is
requesting a waiver of a pertinent rule and/or policy, or where the
applicant is uncertain that the application fully satisfies the
pertinent rule and/or policy.
47 CFR Section 74.793(d) requires that digital low power and TV
translator stations shall be required to submit information as to
vertical radiation patterns as part of their application (301-CA) for
new or modified construction permits.
OMB Control Number: 3060-0404.
Title: Application for an FM Translator or FM Booster Station
License, FCC Form 350.
Form Number: FCC Form 350.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities, Not-for-profit
institutions; State, local or Tribal government.
Number of Respondents and Reponses: 350 respondents; 350 responses.
Frequency of Response: On occasion reporting requirement.
Estimated Time per Response: 1 hour.
Total Annual Burden: 350 hours.
Total Annual Cost: $26,250.
Obligation to Respond: Required to obtain and retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i), 307, 308 and 309 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: Licensees and permittees of FM Translator or FM
Booster stations are required to file FCC Form 350 to obtain a new or
modified station license. The data is used by FCC staff to confirm that
the station has been built to terms specified in the outstanding
construction permit. Data from the FCC Form 350 is extracted for
inclusion in the subsequent license to operate the station.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-14903 Filed 6-21-13; 8:45 am]
BILLING CODE 6712-01-P