Non-substantive Change Request

NON-SUBSTANTIVE CHANGE REQUEST FOR

OMB CONTROL NUMBER 3060-0010

The Federal Communications Commission (FCC or Commission) is submitting a non-substantive change request for OMB control number 3060-0010, Ownership Report for Commercial Broadcast Station, FCC Form 2100, Schedule 323; Section 73.3615, Ownership Reports; Section 74.797, Biennial Ownership Reports. The reason for the change request is described below:

Pursuant to information collection requirements that the Office of Management and Budget (OMB) previously approved on November 25, 2016, licensees and permittees of commercial broadcast stations are required to list on FCC Form 2100, Schedule 323 all documents required to be filed pursuant to 47 CFR § 73.3613 for all of the stations reported on the form. See OMB, Notice of Office of Management and Budget Action, ICR Reference No. 201609-3060-005, OMB Control No. 3060-0010 (Nov. 25, 2016) (approving this information collection requirement).

After OMB last approved this requirement, the Commission revised § 73.3613 to eliminate the routine paper filing requirement for these documents and instead require that copies be provided to the FCC upon request. See Amendment of Section 73.3613 of the Commission’s Rules Regarding Filing of Contracts et al., Report and Order, 33 FCC Rcd 10381 (2018) (Report and Order). In the Report and Order, the Commission also removed attributable time brokerage agreements (TBAs) (also known as local marketing agreements, or LMAs) and attributable joint sales agreements (JSAs) from the list of documents in § 73.3613 because those agreements are required to be provided to the Commission and the public under a separate rule. [Note: These changes to § 73.3613 have already been approved separately under OMB control number 3060-0185. See OMB, Notice of Office of Management and Budget Action, ICR Reference No. 201811-3060-010, OMB Control No. 3060-0185 (Nov. 11, 2018).]

In eliminating attributable TBAs and attributable JSAs from the list of documents in § 73.3613, the Commission stated that it would continue to require that these agreements be reported by the licensee of the brokering station on FCC Form 2100, Schedule 323, consistent with the existing reporting requirements that OMB previously approved for the form. Accordingly, the Commission is updating FCC Form 2100, Schedule 323 and the instructions for the form to reflect the retention of this reporting requirement and the current text of § 73.3613 as revised in the Report and Order. These changes are shown in red/strikethrough on the attached copy of the form and instructions.

The Commission’s changes to the form and instructions are minor and non-substantive. The changes do not require filers to submit information that is not already covered by the information collection requirements that OMB previously approved for this collection. These changes do not impact the burden hours or cost for this collection.