Section 90.209, Improving Spectrum Efficiency Through Flexible Channel Spacing and Bandwidth Utilization for Economic Area-based 800 MHz Specialized Mobile Radio Licensees - Notice Requirement (NPRM)

Forms and Documents

Document Name	Status
NEW_Part 90 Channel Spacing_ss_040312.doc Supporting Statement A	2012-04-03

IC Document Collections

IC ID	Document Title	Status
201694	Section 90.209 - business respondents	New

ICR Details

OMB Control No: 3060-1170	ICR Reference No: 201212-3060-005
Status: Historical Active	Previous ICR Reference No: 201203-3060-014
Agency/Subagency: FCC	Agency Tracking No: WT/Auctions Division
Title: Section 90.209, Improving Spectrum Efficiency Through Flexible Channel Spacing and Bandwidth Utilization for Economic Area-based 800 MHz Specialized Mobile Radio Licensees - Notice Requirement (NPRM)
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: Approved without change	Conclusion Date: 12/06/2012
	Date Received in OIRA: 12/06/2012
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2015	36 Months From Approved
Responses	27	0	0
Time Burden (Hours)	232	0	0
Cost Burden (Dollars)	52,500	0	0

---

Abstract: FCC rules require that Economic Area-based 800 MHz SMR licensees authorized to exceed the standard channel spacing and authorized bandwidth under Section 90.209(b)(5) to provide at least 30 days written notice prior to initiating service in the 813.5-824/858.5-869 MHz band to every 800 MHz public safety licensee with a base station in the affected NPSPAC region, and every 800 MHz public safety licensee within 113 kilometers (70 miles) of the affected region.

---

Authorizing Statute(s): US Code: 47 USC 151 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 152 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 154 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 301 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 302(a) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 303 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 307 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 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-AJ71	Final or interim final rulemaking	77 FR 33972	06/08/2012

---

Federal Register Notices & Comments

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 90.209 - business respondents

---

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	27	0	0	27	0	0
Annual Time Burden (Hours)	232	0	0	232	0	0
Annual Cost Burden (Dollars)	52,500	0	0	52,500	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: The Commission adopted a Notice of Proposed Rulemaking (NPRM), FCC 12-25, which requires that EA-based 800 MHz SMR licensees to provide at least 30 days written notice to every 800 MHz public safety licensee and every 800 MHz public safety licensee within 70 miles of the affected region. This is a proposed new information collection resulting in a minimal burden of 232 hours (program change increase).

---

Annual Cost to Federal Government: $0

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

---

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: 04/03/2012

---