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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3060-0010
ICR Reference No:
200908-3060-001
Status:
Historical Active
Previous ICR Reference No:
200809-3060-016
Agency/Subagency:
FCC
Agency Tracking No:
MB
Title:
Ownership Report for Commercial Broadcast Station, FCC Form 323
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
10/19/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/11/2009
Terms of Clearance:
Revised to remove non-attributable requirement.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2012
36 Months From Approved
09/30/2011
Responses
9,250
0
2,000
Time Burden (Hours)
38,125
0
2,750
Cost Burden (Dollars)
26,940,000
0
2,166,800
Abstract:
On December 18, 2007, the Commission adopted a Report and Order and Third Further Notice of Proposed Rulemaking (the Diversity Order) in MB Docket No. 07-294; 06-121; 02-277; 04-228, MM Docket No. 01-235; 01-317; 00-244; FCC 07-217. The Diversity Order adopts rule changes designed to expand opportunities for participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses (new universe of respondents). On April 8, 2009, the Commission adopted a Report and Order and Fourth Further Notice of Proposed Rulemaking (the 323 Order) in MB Docket No. 07-294, 06-121, 02-277, 01-235, 01-317, 00-244, 04-228; FCC 09-33. The 323 Order directs the Commission to revise Form 323 to improve the quality of the data collected in order to obtain an accurate, reliable, and comprehensive assessment of minority and female broadcast ownership in the United States. Specifically, the Commission changed the biennial reporting requirements on Form 323 so that there is a uniform filing date, broadened the biennial reporting requirements to include commercial broadcast licensees that are sole proprietorships and partnerships comprised of natural persons, and expanded the class of persons and entities that must file to include low power television stations (LP TV) licensees, including Class A stations, and provided that the form should be electronically searchable and that there should be edit checks built in.
Authorizing Statute(s):
US Code:
47 USC 154(i), 303 and 310
Name of Law: Communications Act of 1934, as amended
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3060-AH72
Final or interim final rulemaking
74 FR 25163
05/27/2009
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
74 FR 27549
06/10/2009
30-day Notice:
Federal Register Citation:
Citation Date:
74 FR 40188
08/11/2009
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Ownership Report for Commercial Broadcast Station
FCC Form 323, FCC Form 323
Ownership Report for Commercial Broadcast Stations
,
Ownership Report for Commercial Broadcast Stations
Ownership Report for Commerical Broadcast Station
FCC Form 323, FCC Form 323
Ownership Report for Commercial Broadcast Stations
,
Ownership Report for Commercial Broadcast Stations
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
9,250
2,000
0
7,250
0
0
Annual Time Burden (Hours)
38,125
2,750
0
35,375
0
0
Annual Cost Burden (Dollars)
26,940,000
2,166,800
0
24,773,200
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The Commission has program changes to the annual burden hours of +35,375 hours and +$24,773,200 to the total cost burden which are due to revisions to FCC Form 323. These revisions are a result of the Commission adopting the Diversity Order, FCC 07-217 and the 323 Order, FCC 09-33. Therefore, the instructions and questions in all sections of the form have been significantly revised. The instructions to Form 323 have been revised to incorporate a definition of eligible entity, which will apply to the Commissions existing Equity Debt Plus (EDP) standard, one of the standards used to determine whether interests in a media entity are attributable. The instructions to Form 323 have also been revised slightly to provide updated citations to the Commissions applicable rules governing media ownership. The instructions for Section I have been revised to state the Commissions revised Biennial filing requirements adopted in the 323 Order. Many questions on the form have been reworked or reordered in order to (1) clarify the information sought in the form; (2) simplify completion of the form by giving respondents menu-style or checkbox-style options to select rather than submit a separate narrative exhibit; and (3) make the data collected on the form more adaptable for use in database programs used to prepare economic and policy studies relating to media ownership. The instructions to the Form have been revised to make them clearer and easier to follow by going question-by-question and having each instruction correspond to a relevant question. In addition, portions of the Form that relate only to non-biennial or to biennial filings separately have been placed into separate subsections of the Form. Respondents using the Commission's electronic filing system will be required to launch only the portions of the form that are applicable depending on the purpose of the filing (i.e., whether it is a biennial filing or a non-biennial filing) and complete only those sections. In addition, since the Commissions original submission of a revised draft Form 323 to OMB on August 11, 2009, and commensurate with the changes adopted in the Reconsideration Order, the Commission has eliminated from the August 11, 2009 draft version of the form and instructions the obligation to report certain non-attributable ownership interests on Form 323. An amended version of Form 323 has been submitted along with a revised supporting statement which are both contained in this collection.
Annual Cost to Federal Government:
$612,720
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Kristi Thompson 2024181318
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
08/11/2009
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