View Information Collection Request (ICR) Package

OMB Control No: 3060-0031	ICR Reference No: 201208-3060-012
Status: Historical Active	Previous ICR Reference No: 201004-3060-006
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: 10/10/2012
	Date Received in OIRA: 08/28/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2015	36 Months From Approved	05/31/2013
Responses	12,880	0	12,520
Time Burden (Hours)	18,670	0	18,443
Cost Burden (Dollars)	52,519,656	0	51,744,650

Abstract: On January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking ("Rural First R&O") in MB Docket No. 09-52, FCC 10-24, 25 FCC Rcd 1583 (2010). In the Rural First R&O, the Commission adopted a Tribal Priority under Section 307(b) of the Communications Act of 1934, as amended, to assist federally recognized Native American Tribes and Alaska Native Villages ("Tribes") and entities primarily owned or controlled by Tribes in obtaining broadcast radio construction permits designed primarily to serve Tribal Lands (the "Tribal Priority"). Tribal affiliated applicants that meet certain conditions regarding Tribal membership and signal coverage qualify for the Tribal Priority, which in most cases will enable the qualifying applicants to obtain radio construction permits without proceeding to competitive bidding, in the case of commercial stations, or to a point system evaluation, in the case of noncommercial educational ("NCE") stations. On March 3, 2011, the Commission adopted a Second Report and Order ("Rural Second R&O"), First Order on Reconsideration, and Second Further Notice of Proposed Rule Making in MB Docket No. 09-52, FCC 11-28, 26 FCC Rcd 2556 (2011). On December 28, 2011, the Commission adopted a Third Report and Order in MB Docket No. 09-52, FCC 11-190, 26 FCC Rcd 17642 (2011) ("Rural Third R&O"). In the Rural Third R&O the Commission further refined the use of the Tribal Priority in the commercial FM radio context, specifically adopting a "Threshold Qualifications" approach to commercial FM application processing.

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-AJ23	Final or interim final rulemaking	77 FR 2916	01/20/2012

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 37672	06/22/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 52028	08/28/2012
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	12,880	12,520	20	340
Annual Time Burden (Hours)	18,670	18,443	42	185
Annual Cost Burden (Dollars)	52,519,656	51,744,650	108,000	667,006

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 total number of respondents of +20, to the total number of responses of +20, to the annual burden hours of +42, and to the annual cost burden of +$108,000, due to the adoption of information collection requirements contained in the Rural Third R&O, FCC 11-190. In particular, the Tribal Priority Holding Period requirements are now applied in the context of authorizations obtained using the Tribal Priority Threshold Qualifications procedures, which were set forth in the Rural Third R&O, 26 FCC Rcd at 17645-50. While designed to facilitate opportunities for participation in the broadcasting industry by Tribes that use a Tribal Priority, the requirements accommodate those Tribes that may need or desire to assign a station that had been obtained using the Tribal Priority. There are also adjustments to this collection of +340 to the total number of responses, +185 to the to annual burden hours and +$667,006 to the annual cost burden. The Commission reevaluated some of its numbers from our previous submission to OMB.

Annual Cost to Federal Government: $8,852,725

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]? No

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: Lisa Scalan 202 418-2700

View ICR - OIRA Conclusion