Section 73.1635, Special Temporary Authorizations (STAs), Section 73.1615, Notifications; Section 47 CFR Part 73, Informal Filings

Forms and Documents

Document Name	Status
Emergency Justification Letter (DTV Notifications February 2009).pdf Supplementary Document	2009-02-18
FCC-09-7.DOC Supplementary Document	2009-02-18
FCC-09-6.DOC Supplementary Document	2009-02-18
Supporting Statement OMB 3060-0386 (emergency 021609).doc Supporting Statement A	2009-02-18

IC Document Collections

IC ID	Document Title	Status
30033	Section 73.1635, Special Temporary Authorizations (STAs), Section 73.1635, Notifications, Section 73.1615; and Part 73, Information Filings	Modified

ICR Details

OMB Control No: 3060-0386	ICR Reference No: 200902-3060-020
Status: Historical Active	Previous ICR Reference No: 200902-3060-010
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 73.1635, Special Temporary Authorizations (STAs), Section 73.1615, Notifications; Section 47 CFR Part 73, Informal Filings
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 02/27/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/20/2009
	Date Received in OIRA: 02/18/2009
Terms of Clearance: This approval follows-up on the informal OMB approval given on February 11th, 2009.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2009	6 Months From Approved	06/30/2009
Responses	4,980	0	4,410
Time Burden (Hours)	5,025	0	4,550
Cost Burden (Dollars)	992,890	0	3,984,890

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Abstract: Stations that wish to terminate their analog signal transmission on February 17, 2009 must file a notification to the Commission no later than Monday, February 9, 2009 (11:59 p.m. EST), of their intention to terminate analog service,as planned, on the previous nationwide transition date of February 17. Stations must file these notifications through the FCC’s Consolidated Database System (“CDBS”) using the Informal Application Filing Form. Stations also were required to indicate whether they would provide “analog nightlight”-type service for up to 30 days after February 17. For stations intending to terminate analog service on February 17, 2009, the Commission required stations to support and supplement their initial February 17 Termination Notifications by February 13 by either (1) certifying compliance with several public interest conditions; or (2) showing “that extraordinary, exigent circumstances, such as the unavoidable loss of their analog site or extreme economic hardship, require that they terminate their analog service on February 17th the public interest.”

Emergency Justfication: On February 11, 2009, the DTV Delay Act was signed by the President and enacted into law, extending the nationwide DTV transition date from February 17 until June 12, 2009. As a result, after June 12, 2009, full-power television broadcast stations must transmit only digital signals, and may no longer transmit analog signals, except for limited analog “nightlight” service. The DTV Delay Act directs the Commission to take any actions “necessary or appropriate to implement the provisions, and carry out the purposes” of the DTV Delay Act, and to do so within 30 days. Congress extended the transition date in order to permit analog service to continue until consumers have had additional time to prepare. But Congress also directed the Commission to provide flexibility for stations wanting to transition prior to the new date. Stations may have made extensive preparations for a February 17 digital transition and some may have difficulty altering their commitments at this time. The Commission’s challenge is to provide opportunities for some stations to end analog broadcasting early without sacrificing the goal of giving consumers additional time to prepare. On February 5, 2009, the Commission released a Public Notice, FCC 09-6 (“February 5 Public Notice”), in which it granted a partial waiver of the Third DTV Periodic Report and Order, FCC 07-228 (2007), to permit television broadcast stations to cease analog broadcasting on February 17, 2009, despite the extension of the national DTV transition deadline to June 12, 2009 pursuant to the DTV Delay Act. This public notice contained revised information collection 3060-0386 to require stations wanting to terminate analog service on February 17, 2009 (the previous nationwide transition date)to submit notifications (“February 17 Termination Notifications”) to the FCC of their intent to terminate analog service on February 17, 2009. On February 11, 2009, after review of the 491 February 17 Termination Notifications (due February 9), the Commission released a Public Notice, FCC 09-7 (“February 11 Public Notice”), in which it reconsidered the partial waiver granted in the February 5 Public Notice with regard to 123 stations intending to terminate analog service on February 17, 2009, based on the conclusion that termination by such stations posed a significant risk of substantial public harm. As a result, the Commission required these 123 stations to support and supplement their initial February 17 Termination Notifications by February 13 by either (1) certifying compliance with several public interest conditions; or (2) showing “that extraordinary, exigent circumstances, such as the unavoidable loss of their analog site or extreme economic hardship, require that they terminate their analog service on February 17th the public interest.”

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Authorizing Statute(s): US Code: 47 USC 303, 307, 308, 309, 312, 316 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 318, 319, 324, 325, 336, 337 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 1, 4(i) and (j), 7, 301, 302, 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:
	Not associated with rulemaking

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Federal Register Notices & Comments

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 73.1635, Special Temporary Authorizations (STAs), Section 73.1635, Notifications, Section 73.1615; and Part 73, Information Filings

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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	4,980	4,410	0	570	0	0
Annual Time Burden (Hours)	5,025	4,550	0	475	0	0
Annual Cost Burden (Dollars)	992,890	3,984,890	0	57,750	-3,049,750	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 to the annual burden hours +475 hours and annual cost burden +$57,750. These program changes are due to the Commission releasing two public notices, FCC 09-6 and FCC 09-7 which contained revised information collection requirements which impacted this collection. The Commission also had an adjustment of -3,049,750 to the total annual cost burden for this information collection which was the result of a miscalculation to the cost with the Commission’s last submission to OMB. The calculation has been corrected with this submission.

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Annual Cost to Federal Government: $685,164

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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

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: 02/18/2009

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