[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Pages 62816-62817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25778]



Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

October 5, 2010.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. 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 Paperwork Reduction Act (PRA) that does not 
display a valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before December 13, 2010. 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 Nicholas A. Fraser, Office of 
Management and Budget via fax at 202-395-5167 or via e-mail to 
[email protected] and to [email protected] and 
[email protected]. Include in the e-mail the OMB control number of 
the collection. If you are unable to submit your comments by e-mail 
contact the person listed below to make alternate arrangements.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Cathy Williams on (202) 418-2918.

    OMB Control Number: 3060-0110.
    Title: Application for Renewal of Broadcast Station License; 
Section 73.3555(d), Daily Newspaper Cross-Ownership.
    Form Number: FCC Form 303-S.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit entities; Not-for-profit 
institutions; State, Local or Tribal Governments.
    Number of Respondents and Responses: 3,821 respondents and 3,821 
    Estimated Time per Response: 1.25-12 hours.
    Frequency of Response: Eight year reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 10,480 hours.
    Total Annual Costs: $3,898,510.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained Sections 154(i), 
303, 307 and 308 of the Communications Act of 1934, as amended, and 
Section 204 of the Telecommunications Act of 1996.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On December 18, 2007, the Commission adopted a 
Report and Order and Third Further Notice of Proposed Rulemaking (the 
``Order'') in MB Docket Nos. 07-294; 06-121; 02-277; 04-228; MM Docket 
Nos. 01-235; 01-317; 00-244; FCC 07-217. The Order adopted rule changes 
designed to expand opportunities for participation in the broadcasting 
industry by new entrants and small businesses, including minority- and 
women-owned businesses. Consistent with actions taken by the Commission 
in the Order, the following changes are made to Form 303-S: The 
instructions have been revised to incorporate a definition of 
``eligible entity,'' which will apply to the Commission's existing 
Equity Debt Plus (``EDP'') standard, one of the standards used to 
determine whether interests are attributable. Section II includes a new 
certification for licensees to certify that their advertising sales 
agreements do not discriminate on the basis of race or ethnicity and 
that all such agreements held by the licensee contain nondiscrimination 
clauses. The instructions for Section II have been revised to include a 
new description of the certification.
    Second, Section III includes a new question, Item 4, requiring 
licensees to certify that, during the preceding license term, the 
station has not been silent (or operating for less than its prescribed 
minimum operating hours) for any period of more than 30 days, 
consistent with the Commission's rules. If a licensee cannot so 
certify, it must submit an exhibit specifying the exact dates in the 
preceding license term on which the station was silent or operating for 
less than its prescribed minimum hours. See 47 CFR 73.1740 (Commercial 
Broadcast Stations); 47 CFR 73.561 (Noncommercial Educational FM 
Stations); 47 CFR 73.850 (Low-power FM Stations); and 47 CFR 
73.1745(b); 47 CFR 73.1740(b)

[[Page 62817]]

(Noncommercial Educational AM Stations). See also 47 U.S.C. 309(k) 
(Statutory Standards for Broadcast Renewal Procedures); Birach 
Broadcasting Corp., 16 FCC Rcd 5015, 5020 (2001) (holding that a 
station's failure to provide any service during the license term is 
material to whether it served the public interest, convenience, and 
necessity pursuant to Section 309(k)). Consistent with the holding in 
Birach, the Commission's rules for minimum operating schedules, and the 
renewal standards set forth in Section 309(k), Section III includes the 
new certification and the instructions to include a new description of 
the certification.
    Section III, Item 7 (previously Item 6), has been revised to 
eliminate the requirement that full power AM and FM licensees submit an 
exhibit to demonstrate compliance with the Commission's maximum 
permissible radio frequency (``RF'') electromagnetic exposure limits, 
in the event that they are unable or not eligible to use the RF 
worksheets contained in the instructions of the Form. All applicants 
continue to be required to certify that their facilities comply with 
the Commission's maximum permissible RF limits. The elimination of the 
exhibit requirement for radio broadcasters, conforms the question so it 
is now consistent with the requirements for licensees of broadcast 
television stations, translator (FM and TV stations), and low-power FM 
stations, who are not required to submit an exhibit. The instructions 
for Section III, Item 7 and Worksheet 1 Environmental have 
been revised accordingly.
    Finally, Section V, Item 4 has been revised to clarify that Low 
Power TV (``LPTV'') stations still need to file Form 396 with the 
renewal application, but that they may or may not need to file a public 
file report and post it to their Web site. One word was changed. The 
old version said at the end that the stations certify that they have 
created the public file report and posted it to their Web sites ``as'' 
required by regulation. The word ``as'' was replaced with the word 
``if.'' As now explained in an addition made to the instructions for 
Section V, Item 4, only LPTV stations that are part of a station 
employment unit with full-power stations, where the unit employs at 
least five or more full-time employees, needs to file a public file 
report and post it to the station Web site. Other LPTV stations do not 
have to create a public file report because they do not have a public 

    Federal Communications Commission.
Marlene H. Dortch,
[FR Doc. 2010-25778 Filed 10-12-10; 8:45 am]