Section 73.1216, Licensee-Conducted Contests

Forms and Documents

Document Name	Status
Supporting Statement for 3060-xxxx (January 2015)(seeking OMB approval for 1976 requirement).docx Supporting Statement A	2015-04-02

IC Document Collections

IC ID	Document Title	Status
215933	Section 73.1216, Licensee-Conducted Contests	New

ICR Details

OMB Control No: 3060-1209	ICR Reference No: 201504-3060-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 73.1216, Licensee-Conducted Contests
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/17/2015
	Date Received in OIRA: 04/10/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2018	36 Months From Approved
Responses	20,481	0	0
Time Burden (Hours)	209,930	0	0
Cost Burden (Dollars)	6,144,300	0	0

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Abstract: The information collection requirements covered by this collection are codified in Section 73.1216 of the Commission's rules (the "Contest Rule"), 47 C.F.R. § 73.1216, which the Commission adopted on September 8, 1976 and released on September 16, 1976. See Amendment of Part 73 of the Commission's Rules Relating to Licensee-Conducted Contests, Report and Order, 60 F.C.C. 2d 1072 (1976), FCC 76-854. Although the Commission adopted this rule (which has not since been amended) prior to enactment of the Paperwork Reduction Act, it has not obtained clearance from the Office of Management and Budget (OMB) for the information collections contained therein, as required by 5 C.F.R. § 1320.14. As such, these requirements constitute existing information collections in use without an OMB Control Number. Commission staff discovered the lack of OMB approval for the requirements during the course of a rulemaking proceeding proposing to amend them. The Commission adopted the Contest Rule in 1976 to address concerns about the manner in which broadcast stations were conducting contests over the air. The Contest Rule, among other things, requires broadcast stations: (i) to disclose material contest terms fully and accurately; (ii) to conduct contests substantially as announced or advertised; (iii) to disclose material terms the first time the audience is told how to enter or participate and periodically thereafter; and (iv) to disclose material terms through broadcast announcements. These information collection requirements are necessary to ensure that broadcast licensees conduct contests with due regard for the public interest.

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Authorizing Statute(s): US Code: 47 USC 151, 154 and 303 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-AK35	Final or interim final rulemaking	41 FR 43152	09/30/1976

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 5530	02/02/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 19317	04/10/2015
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 73.1216, Licensee-Conducted Contests

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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	20,481	0	0	20,481	0	0
Annual Time Burden (Hours)	209,930	0	0	209,930	0	0
Annual Cost Burden (Dollars)	6,144,300	0	0	6,144,300	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/increases to this collection which are as follows: 20,481 respondents, 20,481 responses, 209,930 burden hours and $6,144,300 in annual cost which are due to the information collection requirements adopted in FCC 76-854 for Section 73.1216.

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Annual Cost to Federal Government: $11,682

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: 04/10/2015

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