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 Sec...

Forms and Documents

Document Name	Status
Supporting statement OMB 3060-1170 (2023) WTB.docx Supporting Statement A	2023-09-05

IC Document Collections

IC ID	Document Title	Status
201694	Section 90.209	Modified

ICR Details

OMB Control No: 3060-1170	ICR Reference No: 202309-3060-001
Status: Active	Previous ICR Reference No: 202011-3060-001
Agency/Subagency: FCC	Agency Tracking No: WTB/Mobility 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 Sec...
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/05/2023
	Date Received in OIRA: 09/05/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2026	36 Months From Approved	11/30/2023
Responses	8	0	24
Time Burden (Hours)	12	0	20
Cost Burden (Dollars)	14,000	0	46,000

---

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 National Public Safety Planning Advisory Commission (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 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
   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 151 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:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 46796	07/20/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 46796	07/20/2023
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

---

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	8	24	0	0	-16	0
Annual Time Burden (Hours)	12	20	0	0	-8	0
Annual Cost Burden (Dollars)	14,000	46,000	0	0	-32,000	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: No

Burden Reduction Due to:

Short Statement: The Commission does not have any program changes regarding this collection, but has revised the burden associated with this collection because the number of affected licensees have dropped since the collection was last approved by OMB. Therefore, the following adjustments are reported for this collection: -16 to the number of respondents, -16 to the annual number of responses, -8 to the annual burden hours and -$32,000 to the annual cost.

---

Annual Cost to Federal Government: $0

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? No

---

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: 09/05/2023

---