OMB Control Number: 3060-0937 February 2019
Title: Establishment of a Class A Television Service, MM Docket No. 00-10
SUPPORTING STATEMENT
Justification:
1. On November 29, 1999, the Community Broadcasters Protection Act of 1999 (CBPA), Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-594 - 1501A-598 (1999), codified at 47 U.S.C. Section 336(f), was enacted. That legislation provided that a low power television (LPTV) licensee should be permitted to convert the secondary status of its station to the new Class A status, provided it can satisfy certain statutorily-established criteria. The CBPA directs that Class A licensees be subject to the same license terms and renewal standards as full-power television licenses and that Class A licensees be accorded primary status as television broadcasters as long as they continue to meet the requirements set forth in the statute for a qualifying low power station. The CBPA sets out certain certification and application procedures for LPTV licensees seeking Class A designation, prescribes the criteria LPTV licensees must meet to be eligible for Class A licenses, and outlines the interference protection Class A applicants must provide to analog, digital, LPTV and TV translator stations.
The CBPA directs that Class A stations must comply with the operating requirements for full-service television broadcast stations. Therefore, beginning on the date of its application for a Class A license and thereafter, a station must be “in compliance” with the Commission’s operating rules for full-service television stations contained in 47 CFR Part 73. The following rules apply to Class A licensees:
47 CFR 73.673 requires Class A TV broadcasters to identify programs specifically designed to educate and inform children at the beginning of those programs, in a form that is at the discretion of the licensee, and to provide information, identifying such programs and the age groups for which they are intended, to publishers of program guides.
47 CFR 73.1125(d)(1) requires Class A licensees to notify the Commission when the main studio is relocated from one point to another within the locations described in 47 CFR 73.1125(a) or (c) and to a point outside the locations specified in 47 CFR 73.1125(a) or (c) to one within those locations.
47 CFR 73.1125(d)(2) requires Class A licensees must receive written authority from the FCC to locate a main studio outside the locations specified in 47 CFR 73.1125(a) or (c) before the main studio may be moved. Additionally, where the main studio is already authorized at a location outside the locations specified in 47 CFR 73.1125(a) or (c), and the licensee desires to specify a new location also located outside those locations, written authority must also be received from the Commission prior to the relocation of the main studio. Authority for these changes may be requested by filing a letter with an explanation of the proposed changes.
47 CFR 73.1212 requires a broadcast station to identify the sponsor of any matter for which consideration is provided. For matter advertising commercial products or services, generally the mention of the name of the product or service constitutes sponsorship identification. In the case of television political advertisements concerning candidates for public office, the sponsor shall be identified with letters, equal to or greater than four percent of the vertical height of the television screen. In addition, when an entity rather than an individual sponsors the broadcast of matter that is of a political or controversial nature, the licensee is required to retain a list of the executive officers, or board of directors, or executive committee, etc., of the organization paying for such matter. Sponsorship announcements are waived with respect to the broadcast of "want ads" sponsored by an individual, but the licensee shall maintain a list showing the name, address and telephone number of each such advertiser. These lists shall be made available for public inspection.
47 CFR 73.1590 requires licensees of Class A stations to make audio and video equipment performance measurements for each main transmitter. These measurements and a description of the equipment and procedure used in making the measurements must be kept on file at the transmitter for two years. In addition, this information must be made available to the FCC upon request.
47 CFR 73.1615(c) requires notification to the FCC by a licensee of an AM, FM, TV or Class A TV station when it is in the process of modifying existing facilities as authorized by a construction permit and it becomes necessary to either discontinue operation or to operate with temporary facilities. If such licensee needs to discontinue operations or operate with temporary facilities for more than 30 days, then an informal letter request must be sent to the FCC prior to the 30th day.
47 CFR 73.1620 requires permittees of a Class A TV station to notify the FCC upon beginning of program tests. An application for license must be filed within 10 days of this notification.
47 CFR 73.1635 allows licensees/permittees of broadcast stations to file a request for special temporary authority to operate a broadcast facility for a period not to exceed 180 days at a specified variance from the terms of the station authorization or requirements of the FCC rules applicable to the particular class of station. Specifically, permittees or licensees must submit a letter to the FCC describing the proposed operation and the need for such authority at least 10 days prior to the date of the proposed operation, except when the special temporary authority is necessitated by unforeseen circumstances. In such cases, parties may notify the FCC by alternative means (e.g., telephone, telegram, facsimile) followed by a letter of confirmation.
47 CFR 73.1870 requires that the licensee of a Class A TV broadcast station designate a chief operator of the station. Section 73.1870(b)(3) requires that this designation must be in writing and posted at the transmitter site. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.
47 CFR 73.1870(c)(3) requires that the chief operator, or personnel delegated and supervised by the chief operator, review the station records at least once each week to determine if required entries are being made correctly, and verify that the station has been operated in accordance with FCC rules and the station authorization. Upon completion of the review, the chief operator must date and sign the log, initiate any corrective action which may be necessary and advise the station licensee of any condition which is repetitive.
Class A licensees are subject to the political programming rules. These rules include 47 CFR s 73.1920, 73.1930, 73.1941, 73.1942, 73.1943 and 73.1944.
47 CFR 73.2080 provides that equal opportunity in employment shall be afforded by all broadcast stations to all qualified persons and no person shall be discriminated against in employment by such stations because of race, color, religion, national origin or sex. Each broadcast shall establish, maintain and carry out a program to assure equal opportunity in every aspect of a broadcast station's policy and practice. Broadcasters are required to widely disseminate information about job openings to ensure that all qualified applicants, including minorities and women, are able to compete for jobs in the broadcast industry. The requirements afford broadcasters maximum flexibility in designing EEO programs appropriate in terms of the station’s size, location, etc., while, at the same time, ensuring broad dissemination of information concerning every full-time vacancy.
47 CFR 73.3526 requires that each licensee of a Class A TV broadcast station maintain a file for public inspection. The contents of the file vary according to type of service and status. A separate file shall be maintained for each station for which an application is pending or for which an authorization is outstanding. The public inspection file must be maintained so long as an authorization to operate the station is outstanding. All requirements for the public inspection file are applicable to Class A TV licensees. Documentation sufficient to demonstrate that the Class A TV station continues to meet the eligibility requirements set forth at Section 73.6001 is also required.
47 CFR Section 73.3550 provides that requests for new or modified call signs may be made via the on-line call sign reservation and authorization system (FCC Form 380).
47 CFR Section 73.3598 requires that when a permit is subject to tolling because construction is encumbered due to an act of God, or when a construction permit is the subject of administrative or judicial review, Section 73.3598 requires a permittee to notify the Commission as promptly as possible and, in any event, within 30 days, and to provide supporting documentation. Tolling resulting from an act of God will normally cease six months from the date of the notification. A permittee must also notify the Commission promptly when a relevant administrative or judicial review is resolved. Any construction permit for which construction has not been completed shall be automatically forfeited upon expiration of the construction permit.
47 CFR 73.6001 requires Class A licensees unable to continue to meet the minimum operating requirements for Class A television stations, or which elect to revert to LPTV status, to notify the Commission, in writing, and request a change in status.
47 CFR 73.6022(a) allows Class A TV stations to negotiate agreements with parties of authorized and proposed analog TV, DTV, LPTV, TV translator, and Class A TV stations, or other affected parties, to resolve interference concerns. A written and signed agreement must be submitted with each application or other request for action by the Commission.
47 CFR 73.6022(b) allows a Class A TV station displaced by a DTV channel allotment change to exchange channels with the DTV station, provided both parties consent in writing to the change and that the Class A TV station meets all applicable interference protection requirements on the new channel.
47 CFR 74.703 advises an applicant for a new low power TV, TV translator, or TV booster station or for a change in the facilities of such an authorized station that it will not be granted when it is apparent that interference will be caused. Applications can be granted where there is a written agreement between affected parties to accept interference or where it can be shown that interference will not occur due to terrain shielding and terrain dependent propagation methods. Any written agreement must be submitted with an application. Class A TV licensees will also be required to file the FCC Form 398, Children’s Television Program Report. FCC Form 398 is approved under OMB Control Number 3060-0754.
This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.
The Commission is requesting an extension of this information collection to receive the full three year approval/clearance for this collection from the Office of Management and Budget (OMB).
Statutory authority for this collection of information is contained in Sections 154(i), 307, 308, 309, and 319 of the Communications Act of 1934, as amended and the Community Broadcasters Protection Act of 1999.
2. The requirements in this information collection will ensure that (1) the integrity of the TV spectrum is not compromised, (2) unacceptable interference is caused to existing radio services, (3) statutory requirements are met, and (4) the stations are operated in the public interest.
3. This information collection contains notifications and recordkeeping requirements. The use of information technology is not feasible in these situations.
4. No other agency imposes a similar information collection on the respondents. There is no similar data available.
5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents.
6. The frequency for this collection of information is determined by the respondents, as necessary.
7. This collection of information is consistent with the guidelines in 5 CFR.1320.5(d)(2).
8. The Commission published a Notice (83 FR 58564) in the Federal Register on November 20,
2018, seeking public comment on the information collection requirements contained in this supporting statement. No comments were received from the public. .
9. No payment or gift was provided to the respondents.
10. There is no need for confidentiality with this collection of information.
11. This collection of information does not address any private matters of a sensitive nature.
12. The following is provided for burden estimates for the Class A rules.
Number of Respondents: 380
Annual Number of Responses: 9,850
Total Annual Burden Hours: 172,087 hours
In-House Cost: $8,602,787.46
Rule Section |
No. of Responses |
Licensee Burden |
Total Burden |
Hourly In- house Cost |
Total In-house Cost |
73.673 |
380 |
0.017 hrs. x 6 programs x 52 weeks |
2,016 hrs. |
$48.08/hr. |
$96,929.28 |
|
380 |
0.083 hrs. x 6 programs x 52 weeks |
9,840 hrs. |
$48.08/hr. |
$473,107.20 |
73.1125(d)(1) |
25 |
0.5 hrs. |
12.5 hrs. |
$48.08/hr. |
$601.00 |
73.1125(d)(2) |
25 |
2.0 hrs. |
50 hrs. |
$48.08/hr. |
$2,404.00 |
73.1212 |
380 |
40 broadcasts x 0.1 hr. |
1,520 hrs. |
$48.08/hr. |
$73,081.60 |
|
380 |
2 political spots x 0.0003 hr. |
.228 hrs. |
$48.08/hr. |
$10.96 |
73.1590 |
380 |
18.0 hrs. |
6,840 hrs. |
$48.08/hr. |
$328,867.20 |
73.1615(c) |
25 |
0.5 hrs. |
12.5 hrs. |
$48.08/hr. |
$601.00 |
|
25 |
0.5 hrs. |
12.5 hrs. |
$48.08/hr. |
$601.00 |
73.1620 |
380 |
1.0 hrs. |
380 hrs. |
$48.08/hr. |
$18,270.40 |
73.1635 |
50 |
4.0 hrs. |
200 hrs. |
$48.08/hr. |
$9,616.00 |
|
50 |
1.0 hrs. |
50 hrs. |
$48.08/ hr. |
$2,404.00 |
|
50 |
1.0 hrs. |
50 hrs. |
$48.08/hr. |
$2,404.00 |
73.1870(b)(3) |
380 |
0.166 hrs. |
63 hrs. |
$48.08/hr. |
$3,029.04 |
73.1870(c)(3) |
380 |
26.0 hrs. |
9,880 hrs. |
$48.08/hr. |
$475,030.40 |
73.1920 |
200 |
0.5 hrs. |
100 hrs. |
$48.08/hr. |
$4,808.00 |
73.1930 |
200 |
3.0 hrs. |
600 hrs. |
$48.08/hr. |
$28,848.00 |
73.1941 |
380 |
0.5 hrs. |
190 hrs. |
$48.08/hr. |
$9,135.20 |
73.1942 |
380 |
0.5 hrs. x 25 disclosures |
4,750 hrs. |
$48.08/hr. |
$228,380.00 |
|
380 |
20 hrs. x 2 times/year |
15,200 hrs. |
$48.08/hr. |
$730,816.00 |
|
380 |
2 hrs. x 2 times/ election period |
1,520 hrs. |
$48.08/hr. |
$73,081.60 |
73.1943 |
380 |
0.25 hrs. x 25 broadcasts |
2,375 hrs. |
$48.08/hr. |
$114,190.00 |
73.1944 |
380 |
0.5 hrs. |
190 hrs. |
$48.08/hr. |
$9,135.20 |
73.2080 |
380 |
42.0 hrs. |
15,960 hrs. |
$48.08/hr. |
$767,356.80 |
|
380 |
52.0 hrs. |
19,760 hrs. |
$48.08/hr. |
$950,060.80 |
73.3526 |
380 |
2.5 hrs. x 52 weeks |
49,400 hrs. |
$48.08/hr. |
$2,375,152.00 |
|
380 |
0.5 hrs. x 52 weeks
|
9,880 hrs. |
$48.08/hr. |
$475,030.40 |
|
380 |
1.0 hrs. x 52 weeks |
19,760 hrs. |
$48.08/hr. |
$950,060.80 |
73.3550 |
300 |
0.166 hrs. |
49.8 hrs. |
$48.08/hr. |
$2,394.38 |
|
300 |
0.25 hrs. |
75 hrs. |
$48.08/hr. |
$3,606.00 |
73.3598 |
50 |
0.5 hrs. |
25 hrs. |
$48.08/hr. |
$1,202.00 |
|
50 |
0.25 hrs. |
12.5 hrs. |
$48.08/hr. |
$601.00 |
74.703 |
250 |
2.0 hrs. |
500 hrs. |
$48.08/hr. |
$24,040.00 |
|
250 |
0.25 hrs. |
62.50 hrs. |
$48.08/hr. |
$3,005.00 |
73.6001 |
50 |
1.0 hrs. |
50 hrs. |
$48.08/hr. |
$2,404.00 |
73.6022(a) |
250 |
2.0 hrs. |
500 hrs. |
$48.08/hr. |
$24,040.00 |
73.6022(b) |
100 |
2.0 hrs. |
200 hrs. |
$48.08/hr. |
$9,616.00 |
FCC 398 |
380 |
4.5 hrs. x 4 quarters |
6,840 hrs. |
$48.08/hr. |
$328,867.20 |
TOTALS |
9,850 |
|
172,087 hrs.
|
|
$8,602,787.46
|
*Annual “In-house Cost”: The respondent is estimated to have an average salary of $100,000/year ($48.08/hr.). These estimates are based on FCC staff's knowledge and familiarity with the availability of the data required.
13. Annual Cost Burden: We expect the respondent would use a contract attorney ($300/hr.) and consulting engineer ($250/hr.) to complete specific requirements.
Section 73.1125(d)(2) 25 x 1.0 hrs. x $300 = $ 7,500.00
25 x 2.0 hrs. x $250 = $ 12,500.00
Section 73.1615 25 x 0.5 hrs. x $300 = $ 3,750.00
Section 73.1635 50 x 1.0 hrs. x $300 = $ 15,000.00
50 x 2.0 hrs. x $250 = $ 25,000.00
50 x 3.0 hrs. x $300 = $ 45,000.00
Section 73.3550 300 x 0.25 hrs. x $300 = $ 22,500.00
Section 73.3598 50 x 0.25 hrs. x $300 = $ 3,750.00
Section 74.703 250 x 8.0 hrs. x $250 = $500,000.00
Section 73.6022 250 x 8.0 hrs. x $250 = $500,000.00
100 x 2.0 hrs. x $300 = $ 60,000.00
100 x 8.0 hrs. x $250 = $200,000.00
FCC Form 398 380 x 1.0 hrs. x 4 x $300 = $456,000.00
Total annual cost burden = $1,851,000.00
14. Cost to the Federal Government: The Commission will use clerical staff at the GS-5, step 5 level ($20.15/hr.), paraprofessional staff at the GS-9, step 5 level ($30.54/hr.), engineering staff at the GS-13, step 5 level ($52.66/hr.) and legal staff at the GS-14, step 5 level ($62.23/hr.) to process applications.
380 applications x 1 hr. x $20.15 = $ 7,657.00
380 applications x 1.5 hrs. x $52.66 = $30,016.20
380 applications x 1 hr. x $62.23 = $23,647.40
380 applications x 1 hr. x $30.54 = $11,605.20
Total Cost: $72,925.80
15. There are no program changes to this collection. There are adjustments/decreases to the figures for this collection as follows: -50 to the number of respondents, -1,000 to the annual number of responses, -30,046 to the annual burden hours and -$60,000 to the annual cost.
16. The data will not be published.
17. OMB approval of the expiration of the information collection will be displayed at 47 C.F.R. Section 0.408.
18. There are no other exceptions to the Certification Statement.
B. Collections of Information Employing Statistical Methods:
No statistical methods are employed.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | SUPPORTING STATEMENT |
| Author | JSWANK |
| File Modified | 0000-00-00 |
| File Created | 2021-01-15 |