This submission is being made to the Office of Management (OMB) for the approval of information collection requirements contained in the Commission’s NCE LPFM Report and Order adopted December 10, 2019, and released on December 11, 2019, where the Commission revised its rules and procedures for considering competing applications for new and major modifications to noncommercial educational full-service FM and full-power television (NCE), and low power FM (LPFM) broadcast stations. The changes are designed to improve the comparative selection and licensing procedures, expedite the initiation of new service to the public, eliminate unnecessary applicant burdens, and reduce the number of appeals of NCE comparative licensing decisions.
First, to improve the NCE comparative process, the NCE LPFM Report and Order: (1) eliminates the governing document requirements for established local applicants and applicants claiming diversity points; (2) establishes a uniform divestiture pledge policy; (3) expands the tie-breaker criteria and revises the procedures for allocating time in mandatory time-sharing situations; and (4) clarifies and modifies the “holding period” rule.
Second, the NCE LPFM Report and Order adopts the following changes to the LPFM comparative process: (1) prohibits amendments that attempt to cure past unauthorized station violations; (2) authorizes time-sharing discussions prior to tentative selectee designations; and (3) establishes procedures for remaining tentative selectees following dismissal of point aggregation time-share agreements.
Third, the NCE LPFM Report and Order adopts the following general changes: (1) defines which applicant board changes are major changes; (2) clarifies the reasonable site assurance requirements; (3) streamlines construction deadline tolling procedures and notification requirements; (4) lengthens the LPFM construction period; and (5) eliminates restrictions on the assignment and transfer of LPFM authorizations.
Specifically, pertaining to this Information Collection and NCE stations, the Commission is revising the relevant rules, 47 CFR Sections 73.7002, 73.7003, and 73.7005, the form, and corresponding instructions, as follows:
(1) Changing all former references to “holding period” to “maintenance of comparative qualifications.” During the four-year “maintenance of comparative qualifications” period, an NCE station receiving a decisive preference for fair distribution of service, in accordance with the provisions of 47 CFR Section 73.7002, must certify that any technical modification to its authorized facilities satisfies the technical requirements of 47 CFR Section 73.7005(b).
(2) Adding an “Established Local Applicant Pledge,” requiring an applicant to pledge to maintain localism characteristics during the four-year maintenance of comparative qualifications period, if the applicant certifies that it qualifies for points as an “established local applicant” in the Point System Factors of 47 CFR Section 73.7003.
(3) Adding a “Diversity Pledge,” requiring an applicant to pledge to comply with all of the restrictions on station modifications and acquisitions (as defined in 47 CFR Section 73.7005) during the four-year maintenance of comparative qualifications period, if the applicant certifies that it qualifies for “local diversity of ownership” points in the Point System Factors of 47 CFR Section 73.7003.
(4) Modifying the divestiture sub-question certification, to reflect the new divestiture policies, in the Diversity of Ownership question in the Point System Factors Section.
(5) Adding a new question in the Tie Breakers section of the form, reflecting the new third tie-breaker criterion of 47 CFR Section 73.7003(c)(3).
(6) Adding a new question in the Tie Breakers Section of the form, requiring the applicant to provide its initial date of establishment...
US Code:
47 USC 308
Name of Law: Communicatins Act of 1934, as amended
US Code:
47 USC 154(i)
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 303
Name of Law: Communications Act of 1934, as amended
There are program changes of +55 to the number of respondents, +55 to the annual number of responses, -547 to the annual burden hours and +$959,419 to the annual cost. These program changes are due to the information collection requirements adopted in FCC 20-65 and FCC 19-127.
$3,992,842
No
No
No
No
No
No
No
Lisa Scalan 202 418-2700
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:
(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;
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.
Supporting Statement OMB 3060-0029 (Schedule 340) - (052120).docx
Noncommercial Educational Station for Reserved Channel Construction Permit Application