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
ICR 201004-3060-005 · OMB 3060-0009 · Historical Active
⚠️ Notice: This information collection may be outdated. More recent filings for OMB 3060-0009 can be found here:
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
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.
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).
$63,527
No
No
No
Uncollected
No
Uncollected
Tom Nessinger 202 418-2709 thomas.nessinger@fcc.gov
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:
(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;
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.