Supporting Statement OMB 3060-xxxx NEW (FCC 23-25)

OMB Control Number: 3060-xxxx July 2023

Title: Sections 74.734, 74.735, and 74.763, Electronic Filings

SUPPORTING STATEMENT

A. Justification:

1. The Commission adopted on April 17, 2023, the Report and Order (R&O), In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, Update of Parts 74 of the Commission’s Rules Related to Low Power Television and Television Translator Stations, MB Docket Nos. 03-185 and 22-261. FCC 23-25. The Report and Order adopted a number of revisions to the Commission’s rules to specify electronic rather than paper submission in the following instances:

47 CFR Section 74.734(a)(4) requires that a notification must be made with the Commission via a Change of Control Point Notice in the Commission’s Licensing and Management System (LMS) providing the name, address, and telephone number of person(s) who may be called to secure suspension of operation of a transmitter promptly should the FCC deem such action necessary.

47 CFR Section 74.735(c)(4) requires that all azimuth plane patterns be plotted in a PDF attachment to the application in LMS in a size sufficient to be easily viewed. 47 CFR Section 74.735(c)(6) requires that all azimuth plane patterns be plotted in a PDF attachment to the application in LMS in a size sufficient to be easily viewed. 47 CFR Section 74.735(c)(7) requires that if a matrix pattern is submitted in the LMS application form, similar tabulations must be provided as necessary in the form of a spreadsheet attachment to the application in LMS to accurately represent the pattern.

47 CFR Section 74.763(b) provides that in the event that causes beyond the control of the low power or translator station licensee make it impossible to continue operating, the licensee may discontinue operation for a period of not more than 30 days without further authority from the FCC. 47 CFR Section 74.763(b) requires that no later than the tenth day of discontinued operation, notification must be sent electronically via a Suspension of Operations Notice filing in the Commission’s LMS database. In the event normal operation is restored before the end of the 30 day period, the licensee must notify the FCC of the date that normal operations resumed by filing a Resumption of Operations Notice filing in LMS. Finally, Section 74.763(b) requires that if causes beyond the control of the licensee make it impossible to comply within the allowed period, a licensee may make a request for Special Temporary Authority via LMS no later than the 30^th day for such additional time as may be necessary.

This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

Statutory authority for this collection of information is contained in Section 154(i) of the Communications Act of 1934, as amended.

2. The data will be used by FCC staff in licensing matters, and to determine that the licensee has met statutory requirements and operated in the public interest.

3. We do not believe the use of information technology is feasible in this situation.

4. No other agency imposes a similar information collection on the respondents. There is no similar data available.

5. This information collection does not impose any significant impact on small businesses.

6. The frequency for this collection of information is determined by 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 (88 FR 28547) in the Federal Register on May 4, 2023 seeking comments 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 respondent.

10. There is no need for confidentiality with this information collection.

11. This collection of information does not address any private matters of a sensitive nature.

12. We estimate that 50 licensees of low power TV or TV translator stations will spend time with the consulting engineer to provide information to the engineer for the notifications. The average hour burden is 2 hours of consulting time per notification for the licensee. This estimate is based on FCC staff's knowledge and familiarity with the availability of the data required.

Total Number of Respondents: 50 Licensees

Total Number of Responses: Section 74.734(a)(4) - 70 Notifications

Section 74.735(c)(4) - 100 Notifications

Section 74.735(c)(6) - 20 Notifications

Section 74.735(c)(7) - 10 Notifications

Section 74.763(b) - 50 Notifications

250 Notifications

Total Annual Burden Hours:

250 notifications x 2 hours/notice/report/licensee/annum/consultation time = 500 hours

Annual “In-House” Cost: We estimate that 100% of the licensees would use a consulting engineer to plot the required antenna patterns and make the required notifications. We estimate that the licensee would spend 2 hours in consultation with this consulting engineer to provide information for the notices/reports. The licensee is estimated to have an average salary of $100,000/year ($48.08/hour).

250 notifications x 2 hours consulting time x $48.08/hour = $24,040

Total Annual “In-House” Cost: $24,040

13. Annual Cost Burden: We estimate that it would take approximately 4 hours for a consulting engineer to provide the required antenna pattern plots and make the required notifications for the licensee. This consulting engineer would have an average salary of $250/hour.

250 notifications x 4 hours¹/notification/report x $250/hour = $250,000

Total Annual Cost Burden: $250,000

14. Cost to the Federal Government: The Commission will use professional staff at the GS-11, step 5 grade level ($42.68/hour).

250 reports x 3 hours/report x $42.68/hour = $32,010

Total Cost to the Federal Government = $32,010

15. This is a new information collection. The Commission is adding the following figures to the Office of Management and Budget’s (OMB) inventory: 50 to the number of respondents, 250 to the annual responses, 500 to the annual burden hours and $250,000 to the annual cost which is due to the information collection requirements adopted in FCC 23-25.

16. The data will not be published.

17. OMB approval of the expiration date 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.

1 This time includes time that is needed for the consultant to identify and resolve technical issues and prepare the necessary notifications for the licensee.

4