View Information Collection Request (ICR) Package

OMB Control No: 3060-0009	ICR Reference No: 201004-3060-005
Status: Historical Active	Previous ICR Reference No: 200805-3060-015
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or Permit or License, FCC
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: 05/27/2010
	Date Received in OIRA: 04/14/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2013	36 Months From Approved	06/30/2011
Responses	750	0	750
Time Burden (Hours)	1,231	0	855
Cost Burden (Dollars)	711,150	0	425,150

Abstract: On January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking (the Order) in MB Docket No. 09-52, FCC 10-24. The Order adopts rule changes designed to streamline and clarify certain procedures associated with the award of broadcast radio construction permits by competitive bidding. To prevent unjust enrichment by parties that acquire broadcast construction permits through the use of a bidding credit in an auction, Section 73.5007(c) of the Rules requires reimbursement to the Commission of all or part of the bidding credit upon a subsequent assignment or transfer of control, if the proposed assignee or transferee is not eligible for the same percentage of bidding credit. The rule is routinely applied to long form assignment or transfer applications filed on FCC Forms 314 and 315. In the Order, the Commission also sought to clarify, in Section 73.5007(c) of the Rules, that the unjust enrichment payments to the government must be made even when an assignment or transfer is pro forma in nature and therefore filed on FCC Form 316.

Authorizing Statute(s): US Code: 47 USC 154(i) and 310(d) 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-AJ23	Final or interim final rulemaking	75 FR 9797	03/04/2010

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 6663	02/10/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 19396	04/14/2010
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	750	750	0	0
Annual Time Burden (Hours)	1,231	855	376	0
Annual Cost Burden (Dollars)	711,150	425,150	107,250	178,750

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: January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking in MB Docket No. 09-52, FCC 10-24, in this proceeding. This Order will revise FCC Form 316 to add the broadcast auction-based questions presently included on FCC Forms 314 and 315, specifically asking the applicants to certify that the proposed assignment or transfer complies with the unjust enrichment provisions of the Commissions competitive bidding rules. The annual burden hours have increased by +376 (program change) and the annual costs have increased by +$286,000 ($178,750 of this amount is an adjustment to this collection based on an increase in consulting fees and $107,250 of the amount is a program change based on the information collection requirements adopted in FCC 10-24).

Annual Cost to Federal Government: $63,527

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]? No

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: Tom Nessinger 202 418-2709 thomas.nessinger@fcc.gov

View ICR - OIRA Conclusion