Creation of a Low Power Radio Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Fourth Report and Order and Third Order on Reconsideration...Application Caps

Forms and Documents

Document Name	Status
Nonsubstantial change request for 3060-1173 (121312).doc Justification for No Material/Nonsubstantive Change	2012-12-13
Supporting Statement OMB 3060-1173 (non-substantial change 121312).doc Supporting Statement A	2012-12-13

IC Document Collections

IC ID	Document Title	Status
202425	Application Caps Other-Rulemaking	Modified
202424	Application Caps Other-Rulemaking	Modified

ICR Details

OMB Control No: 3060-1173	ICR Reference No: 201212-3060-007
Status: Historical Active	Previous ICR Reference No: 201205-3060-014
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Creation of a Low Power Radio Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Fourth Report and Order and Third Order on Reconsideration...Application Caps
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/14/2012
	Date Received in OIRA: 12/13/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2015	07/31/2015	07/31/2015
Responses	195	0	300
Time Burden (Hours)	439	0	600
Cost Burden (Dollars)	0	0	0

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Abstract: On July 12, 2011, the Commission released a Third Further Notice of Proposed Rule Making ("Third Further Notice") in this proceeding, seeking comment on the impact of the enactment of the Local Community Radio Act of 2010 ("LCRA") on the procedures previously adopted to process the approximately 6,500 applications that remain pending from the 2003 Auction No. 83 FM translator window. There, the Commission tentatively concluded that the previously adopted translator licensing procedures, which would limit each applicant to ten pending applications, would be inconsistent with the LCRA's goals. It proposed to modify those procedures and instead adopt a market-specific translator application dismissal process, dismissing pending translator applications in identified spectrum-limited markets in order to preserve adequate low power FM ("LPFM") licensing opportunities. It further proposed a national cap of 50 applications and a market-based cap of one application per applicant per market for the top markets to minimize the potential for speculative licensing conduct. On March 19, 2012, the Commission adopted a Fourth Report and Order and Third Order on Reconsideration ("Fourth Report and Order"). In the Fourth Report and Order, the Commission adopts the national and market-specific caps proposed in the Third Further Notice, and requires parties with more than 50 pending applications and/or more than one pending application in the markets identified in Appendix A of the Fourth Report and Order (the top 150 Arbitron markets plus markets with more than 4 pending translator applications) to request the dismissal of applications to comply with these limits. Applicants may request such dismissal by filing a letter with the Commission ("Dismissal Letter") identifying the applications they wish to be dismissed. In the event that an applicant does not timely comply with these dismissal procedures, the Commission staff will first apply the national cap, retaining on file the first 50 filed applications and dismissing those that were subsequently filed. The staff will then dismiss all but the first filed application in each of the markets identified in Appendix A. The Commission is submitting this non-substantial change request to OMB for review and approval because the Commission expects few applications to be filed with the Commission as a result of the amendments that occurred in FCC 12-144 and this submission reflects those numbers.

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Authorizing Statute(s): US Code: 47 USC 154(i) 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-AJ07	Final or interim final rulemaking	77 FR 21002	04/09/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 17476	03/26/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 31849	05/30/2012
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
Application Caps
Application Caps

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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	195	300	0	-105	0	0
Annual Time Burden (Hours)	439	600	0	-161	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This is non-substantial change request that is being submitted to OMB for review and approval. Once the change request is approved by OMB, there will be decreases to the number of respondents by 105, to the annual number of responses by 105 and to the annual burden hours by 161 hours. These decreases are due to the Commission now estimating that less responses (Dismissal Letters) will be filed with the Commission.

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Annual Cost to Federal Government: $5,657

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: 12/13/2012

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