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:
3060-1209
ICR Reference No:
201504-3060-003
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
FCC
Agency Tracking No:
MB
Title:
Section 73.1216, Licensee-Conducted Contests
Type of Information Collection:
Existing collection in use without an OMB Control Number
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/17/2015
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/10/2015
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2018
36 Months From Approved
Responses
20,481
0
0
Time Burden (Hours)
209,930
0
0
Cost Burden (Dollars)
6,144,300
0
0
Abstract:
The information collection requirements covered by this collection are codified in Section 73.1216 of the Commission's rules (the "Contest Rule"), 47 C.F.R. § 73.1216, which the Commission adopted on September 8, 1976 and released on September 16, 1976. See Amendment of Part 73 of the Commission's Rules Relating to Licensee-Conducted Contests, Report and Order, 60 F.C.C. 2d 1072 (1976), FCC 76-854. Although the Commission adopted this rule (which has not since been amended) prior to enactment of the Paperwork Reduction Act, it has not obtained clearance from the Office of Management and Budget (OMB) for the information collections contained therein, as required by 5 C.F.R. § 1320.14. As such, these requirements constitute existing information collections in use without an OMB Control Number. Commission staff discovered the lack of OMB approval for the requirements during the course of a rulemaking proceeding proposing to amend them. The Commission adopted the Contest Rule in 1976 to address concerns about the manner in which broadcast stations were conducting contests over the air. The Contest Rule, among other things, requires broadcast stations: (i) to disclose material contest terms fully and accurately; (ii) to conduct contests substantially as announced or advertised; (iii) to disclose material terms the first time the audience is told how to enter or participate and periodically thereafter; and (iv) to disclose material terms through broadcast announcements. These information collection requirements are necessary to ensure that broadcast licensees conduct contests with due regard for the public interest.
Authorizing Statute(s):
US Code:
47 USC 151, 154 and 303
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-AK35
Final or interim final rulemaking
41 FR 43152
09/30/1976
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
80 FR 5530
02/02/2015
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 19317
04/10/2015
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Section 73.1216, Licensee-Conducted Contests
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
20,481
0
0
20,481
0
0
Annual Time Burden (Hours)
209,930
0
0
209,930
0
0
Annual Cost Burden (Dollars)
6,144,300
0
0
6,144,300
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:
There are program changes/increases to this collection which are as follows: 20,481 respondents, 20,481 responses, 209,930 burden hours and $6,144,300 in annual cost which are due to the information collection requirements adopted in FCC 76-854 for Section 73.1216.
Annual Cost to Federal Government:
$11,682
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:
Raelynn Remy 202 418-2936 raelynn.remy@fcc.gov
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:
04/10/2015
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