Reimbursement of Repacking Expenses, FCC Form 399, Section 73.3700

Forms and Documents

Document Name	Status
Form FCC Form 399 Reimbursement of Repacking Expenses Form and Instruction	New
Supporting Statement Reimbursement Filing (November 2012).doc Supporting Statement A	2012-11-21

IC Document Collections

IC ID	Document Title	Status
204904	Reimbursement of Repacking Expenses	New
204896	Reimbursement of Repacking Expenses Form and Instruction	New

ICR Details

OMB Control No: 3060-1178	ICR Reference No: 201211-3060-022
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Reimbursement of Repacking Expenses, FCC Form 399, Section 73.3700
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 01/07/2013
	Date Received in OIRA: 11/21/2012
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: On October 2, 2012, the Commission released the Notice of Proposed Rulemaking, Expanding the Economic and Innovative Opportunities of Spectrum Through Incentive Auctions, Docket No. 12-268, FCC 12-118 ("IA NPRM"). The IA NPRM contains rules and policies for the incentive auction mandated by Congress in the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 125 Stat. 156 (2012). Following the completion of the incentive auction process, eligible stations (full power and Class A television) that are repacked and multichannel video programming distributors (MPVDs) that incur expenses as a result of repacking will be eligible for reimbursement. All effected entities will be required to file FCC Form 399. It is proposed that stations and MVPDs will have the option of choosing to either be reimbursed with an advance payment based on estimated expenses or reimbursed for their actual, documented expenses. Stations and MVPDs will have to submit a reimbursement request and those requesting advance payments will have to later certify that all funds were properly expended. This new requirement is provided in 47 C.F.R. § 73.3700.

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Authorizing Statute(s): US Code: 47 USC 1, 4(i) and (j), 7, 154(i), Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 301, 302, 303, 307, 308, 309, Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 312, 316, 318, 319, 324, 325 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 336, 337 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:
3060-AJ82	Proposed rulemaking	77 FR 69934	11/21/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 69934	11/21/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 69934	11/21/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Reimbursement of Repacking Expenses	FCC Form 399	Request for Reimbursement of Repacking Expenses
Reimbursement of Repacking Expenses

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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: This is a new information collection. If the proposed requirements contained in FCC 12-118 are adopted in a final rulemaking 4,166 respondents, 4,166 responses, 7,124 burden hours and $249,600 in annual cost will be added to OMB's inventory.

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Annual Cost to Federal Government: $476,007

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

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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: 11/21/2012

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