View Information Collection Request (ICR) Package
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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:
3060-0031
ICR Reference No:
200812-3060-014
Status:
Historical Active
Previous ICR Reference No:
200807-3060-007
Agency/Subagency:
FCC
Agency Tracking No:
MB
Title:
Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast Station Construction Pe
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
04/06/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/02/2009
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2012
36 Months From Approved
06/30/2011
Responses
12,520
0
12,210
Time Burden (Hours)
17,933
0
18,790
Cost Burden (Dollars)
36,066,450
0
33,989,570
Abstract:
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 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). Consistent with actions taken by the Commission in the Order, the following changes are made to Forms 314 and 315: The instructions to Forms 314 and 315 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 are attributable. Section II of each form includes a new certification concerning compliance with the Commissions anti-discrimination rules. Section III of Form 314 and Section IV of Form 315 each include a new question asking applicants to indicate whether the applicant is claiming eligible entity status. Section III of Form 314 and Section IV of Form 315 each also contain a new question asking applicants to indicate whether the proposed transaction involves the assignment of a radio station license that is part of a grandfathered cluster of radio licenses, and if the cluster does not comply with the Commissions multiple ownership rules, whether any of the licenses will be divested within 12 months of consummation of the transaction and assigned to an eligible entity in order to come into compliance with Commissions ownership rules. The instructions for Sections II and III of Form 314 and Sections II and IV of Form 315 have been revised to assist applicants with completing the new questions.
Authorizing Statute(s):
US Code:
47 USC 154(i), 303 and 308
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-AH97
Final or interim final rulemaking
73 FR 28361
05/16/2008
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
73 FR 66044
11/06/2008
30-day Notice:
Federal Register Citation:
Citation Date:
74 FR 9092
03/02/2009
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast .......
Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for consent to Transfer Control of Entity Holding Broadcast .......
FCC Form 314, FCC Form 315
Application for Consent to Assignment of Broadcast Station Construction Permit or License
,
Application for Consent to Transfer Control of Entity Holding Broadcast Station Construction Permit or License
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
12,520
12,210
0
310
0
0
Annual Time Burden (Hours)
17,933
18,790
0
2,670
-3,527
0
Annual Cost Burden (Dollars)
36,066,450
33,989,570
0
2,076,880
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 had a program change to the annual cost burden of +$2,076,880 and +2,670 burden hours due to the adoption of information collection requirements contained in the Order. Therefore, the rules which impose information collection requirements are 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). Also, the increases are due to revisions made to FCC Forms 314 and 315 which includes a new certification concerning compliance with the Commissions anti-discrimination rules, a new question asking whether the applicant is claiming eligible entity status under the FCCs revised EDP standards adopted in the Order, and a new question asking whether the proposed transaction involves the assignment of a radio station license that is part of a non-compliant, grandfathered cluster of radio licenses and whether any license will be divested within 12 months of consummation of the transaction and assigned to an eligible entity. These changes reflect an increase by one hour per application for applicants and/or their attorneys to evaluate compliance with FCC rules, assess whether they may claim eligible entity status, and complete (if applicable) the question relating to grandfathered radio station divestitures; except in the case of waiver applications, which have increased burdens by 3 hours. We also made modifications to the instructions for the Assignee/Transferee Section (Instructions, Section III on Form 314, Instructions, Section IV on Form 315) of Forms 314 and 315 that do not add burdens because they are editorial in nature. There also is an adjustment of -3,527 hours to the annual burden hours due to the Commission over calculating the burden in its previous submission to OMB. With this submission the burden is more accurately calculated.
Annual Cost to Federal Government:
$8,297,067
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:
03/02/2009
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