Section 73.1635, Special Temporary Authorizations (STAs), Section 73.1615, Notifications; Section 47 CFR Part 73, Informal Filings

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-0386 (Emergency Analog Nightlight Act).doc Supporting Statement A	2008-12-24
FCC-08-281A3(Appendix B).pdf Supplementary Document	2008-12-24
FCC-08-281A2 (Appendix A).pdf Supplementary Document	2008-12-24
Emergency Letter for DTV Nightlight and other collection 122308.doc Supplementary Document	2008-12-24

IC Document Collections

IC ID	Document Title	Status
30033	Section 73.1635, Special Temporary Authorizations (STAs), Section 73.1635, Notifications, Section 73.1615; and Part 73, Information Filings	Modified

ICR Details

OMB Control No: 3060-0386	ICR Reference No: 200812-3060-018
Status: Historical Active	Previous ICR Reference No: 200808-3060-014
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 73.1635, Special Temporary Authorizations (STAs), Section 73.1615, Notifications; Section 47 CFR Part 73, Informal Filings
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/31/2008
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/29/2008
	Date Received in OIRA: 12/24/2008
Terms of Clearance: In its next submission, the agency should remove the cost burdens that are a monetization of the burden hours. The agency is reminded to avoid such double-counting of burden in the future.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2009	6 Months From Approved	08/31/2011
Responses	4,410	0	3,710
Time Burden (Hours)	4,550	0	4,020
Cost Burden (Dollars)	3,984,890	0	3,921,890

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Abstract: The Short-term Analog Flash and Emergency Readiness Act (“Analog Nightlight Act” or “Act”), requires the Commission to develop and implement a program by January 15, 2009, to “encourage and permit” continued analog TV service after the February 17, 2009 DTV transition date, where technically feasible, for the purpose of providing “public safety information” and “DTV transition information” to viewers who may not obtain the necessary equipment to receive digital broadcasts after the transition date. The statute imposes a deadline of January 15, 2009.

Emergency Justfication: The Federal Communications Commission (FCC) requests approval under the Paperwork Reduction Act of 1995, and in accordance with OMB’s emergency processing rules (5 CFR 1320.13), for a revision to an existing information collection. The revision will allow the filing of DTV notifications to the FCC via CDBS), in order to implement the Congressional mandate for the FCC to develop and implement a program by January 15, 2009, to encourage and permit TV broadcast stations to use this opportunity to provide public safety information and DTV transition information. Specifically, the Commission must establish a program that will allow full power television stations (at their option) to continue to provide analog service for a period of 30 days after the digital transition deadline of February 17, 2009 for the sole purposes of offering public safety and digital transition information. We believe there is good cause for requesting emergency PRA approval from OMB because of the January 15, 2009 statutory deadline for implementing the Nightlight Act, which was enacted by Congress only this month, as well as the brief 30-day period during which the Act’s provisions will be in force, circumstances which make the use of normal OMB clearance procedures reasonably likely to cause the Act’s statutory deadlines to be missed. In addition, any delay in implementing this Congressional mandate can result in harm to TV stations, and, in turn, to their viewers. Due to the short time frame provided for us to act in the Analog Nightlight Act, and because PRA approval is needed to allow stations to make filings immediately (including during the NPRM comment period), we request OMB to waive Federal Register notice for this emergency request under the PRA. See 5 C.F.R. § 1320.13(d). We request OMB approval by December 31, 2008.

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Authorizing Statute(s): US Code: 47 USC 303, 307, 308, 309, 312, 316 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 318, 319, 324, 325, 336, 337 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 1, 4(i) and (j), 7, 301, 302, Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Section 73.1635, Special Temporary Authorizations (STAs), Section 73.1635, Notifications, Section 73.1615; and Part 73, Information Filings

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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	4,410	3,710	0	700	0	0
Annual Time Burden (Hours)	4,550	4,020	0	530	0	0
Annual Cost Burden (Dollars)	3,984,890	3,921,890	0	63,000	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 to this information collection of +530 annual burden hours and +$63,000 annual cost burden due to the information collection requirements contained in FCC 08-281. There are no adjustments to this information collection.

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Annual Cost to Federal Government: $634,093

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)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 12/24/2008

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