Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or Permit or License, FCC

ICR 201004-3060-005

OMB: 3060-0009

Federal Form Document

ICR Details
3060-0009 201004-3060-005
Historical Active 200805-3060-015
FCC MB
Application for Consent to Assignment of Broadcast Station Construction Permit or License or Transfer of Control of Corporation Holding Broadcast Station Construction Permit or Permit or License, FCC
Revision of a currently approved collection   No
Regular
Approved without change 05/27/2010
Retrieve Notice of Action (NOA) 04/14/2010
  Inventory as of this Action Requested Previously Approved
05/31/2013 36 Months From Approved 06/30/2011
750 0 750
1,231 0 855
711,150 0 425,150

On January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking (the “Order”) in MB Docket No. 09-52, FCC 10-24. The Order adopts rule changes designed to streamline and clarify certain procedures associated with the award of broadcast radio construction permits by competitive bidding. To prevent unjust enrichment by parties that acquire broadcast construction permits through the use of a bidding credit in an auction, Section 73.5007(c) of the Rules requires reimbursement to the Commission of all or part of the bidding credit upon a subsequent assignment or transfer of control, if the proposed assignee or transferee is not eligible for the same percentage of bidding credit. The rule is routinely applied to “long form” assignment or transfer applications filed on FCC Forms 314 and 315. In the Order, the Commission also sought to clarify, in Section 73.5007(c) of the Rules, that the unjust enrichment payments to the government must be made even when an assignment or transfer is pro forma in nature and therefore filed on FCC Form 316.

US Code: 47 USC 154(i) and 310(d) Name of Law: Communications Act of 1934, as amended
  
None

3060-AJ23 Final or interim final rulemaking 75 FR 9797 03/04/2010

  75 FR 6663 02/10/2010
75 FR 19396 04/14/2010
No

  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 750 750 0 0 0 0
Annual Time Burden (Hours) 1,231 855 0 376 0 0
Annual Cost Burden (Dollars) 711,150 425,150 0 107,250 178,750 0
Yes
Changing Regulations
No
January 28, 2010, the Commission adopted a First Report and Order and Further Notice of Proposed Rulemaking in MB Docket No. 09-52, FCC 10-24, in this proceeding. This Order will revise FCC Form 316 to add the broadcast auction-based questions presently included on FCC Forms 314 and 315, specifically asking the applicants to certify that the proposed assignment or transfer complies with the unjust enrichment provisions of the Commission’s competitive bidding rules. The annual burden hours have increased by +376 (program change) and the annual costs have increased by +$286,000 ($178,750 of this amount is an adjustment to this collection based on an increase in consulting fees and $107,250 of the amount is a program change based on the information collection requirements adopted in FCC 10-24).

$63,527
No
No
No
Uncollected
No
Uncollected
Tom Nessinger 202 418-2709 thomas.nessinger@fcc.gov

  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.
04/14/2010


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