Form 2100, Schedule 349 – FM Translator or FM Booster Station Construction Permit Application

Forms and Documents

Document Name	Status
FCC-19-40A1 (1).docx Supplementary Document	2019-05-23
Supporting Statement MB 3060-0405 (FCC 19-40) - FM Translator Interference RO (May 2019).doc Supporting Statement A	2019-05-23

IC Document Collections

IC ID	Document Title	Status
30091	Form 2100, Schedule 349 – FM Translator or FM Booster Station Construction Permit Application Other-Screen Shots	Modified
192568	Form 2100, Schedule 349 – FM Translator or FM Booster Station Construction Permit Application Other-Screen Shots	Modified

ICR Details

OMB Control No: 3060-0405	ICR Reference No: 201905-3060-009
Status: Historical Active	Previous ICR Reference No: 201905-3060-006
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Form 2100, Schedule 349 – FM Translator or FM Booster Station Construction Permit Application
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/17/2019
	Date Received in OIRA: 05/28/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2022	36 Months From Approved	09/30/2021
Responses	2,775	0	2,400
Time Burden (Hours)	3,775	0	4,500
Cost Burden (Dollars)	3,950,725	0	4,674,600

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Abstract: FCC Form 2100, Schedule 349 is used to apply for authority to construct a new FM translator or FM booster broadcast station, or to make changes in existing facilities. FCC staff use the data to ensure that applicant meets basic statutory requirements and will not cause interference to other licensed broadcast services. On May 9, 2019, the Commission adopted a Report and Order, Amendment of Part 74 of the Commission’s Rules Regarding FM Translator Interference, FCC 19-40, MB Docket No. 18-119, adopting proposals to streamline the rules relating to interference caused by FM translators and to expedite the translator interference complaint resolution process. These measures are designed to limit or avoid protracted and contentious interference disputes, provide translator licensees additional investment certainty and flexibility to remediate interference, and provide affected stations earlier and expedited resolution of interference complaints. In the Report and Order, the Commission adopted its proposal to offer additional flexibility to FM translator licensees, by allowing them to resolve interference issues using the effective and low-cost method of submitting a minor modification application to change frequency to any available same-band FM channel. This method will reduce the number of opposition pleadings filed and the obligation to defend an interference claim. Specifically, the FM Translator Interference Report and Order pertains to this Information Collection as it modifies Section 74.1233(a)(1) of the rules to define an FM translator station’s change to any available same-band frequency using a minor modification application, filed using FCC Form 2100, Schedule 349, upon a showing of interference to or from any other broadcast station. Prior to the FM Translator Interference Report and Order, if an existing FM translator caused actual interference, as prohibited by Section 74.1203(a), it was limited to remedial channel changes, filing FCC Form 2100, Schedule 349 as a minor change application, to only first, second, or third adjacent, or IF channels. A change to any other channel was considered a major change on FCC Form 2100, Schedule 349, which could only be submitted during a filing window. The FM Translator Interference Report and Order enables more translator stations to cure interference by simply changing channels within the same band by filing Form 2100, Schedule 349 as a minor change application, rather than other costlier and less efficient remedies. With this submission, the Commission is currently seeking to obtain OMB approval for the revision to Section 74.1233(a)(1) of the rules. This revision will modify the number of respondents, number of responses, annual burden hours, and annual costs for this collection.

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Authorizing Statute(s): US Code: 47 USC 154(i), 303 and 308 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-AK14	Final or interim final rulemaking	84 FR 27734	06/14/2019

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 26229	06/06/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 24509	05/28/2019
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
Form 2100, Schedule 349 – FM Translator or FM Booster Station Construction Permit Application
Form 2100, Schedule 349 – FM Translator or FM Booster Station Construction Permit Application

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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	2,775	2,400	0	375	0	0
Annual Time Burden (Hours)	3,775	4,500	0	-725	0	0
Annual Cost Burden (Dollars)	3,950,725	4,674,600	0	-723,875	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: There are information collection requirements changes to this collection contained in FCC 19-40. The following figures are program changes to this collection: +150 to the number of respondents, +375 to the number of responses, -725 to the annual burden hours and -$723,875 to the annual cost. There are no adjustments to this collection.

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Annual Cost to Federal Government: $416,028

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 05/28/2019

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