[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14708-14709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05747]
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FEDERAL COMMUNICATIONS COMMISSION
Information Collection 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 (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal Communications Commission (FCC or the
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 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 May 16,
2014. 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
[email protected] and to [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: 3060-0996.
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.
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: 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
[[Page 14709]]
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
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 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 AM
Auction 84 filing window.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the Secretary, Office of Managing
Director.
[FR Doc. 2014-05747 Filed 3-14-14; 8:45 am]
BILLING CODE 6712-01-P