Supporting Statement OMB 3060-0214-FCC-23-58(July 2023)

OMB Control Number: 3060-0214 October 2023

Title: Sections 73.3526 and 73.3527, Local Public Inspection Files; Sections 73.1212, 76.1701 and 73.1943, Political Files

SUPPORTING STATEMENT

A. Justification:

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

On July 20, 2023, the Commission adopted Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations, Fifth Report and Order, FCC 23-58 (rel. July 20, 2023) (FM6 Report and Order). The Commission adopted a new requirement that FM6 LPTV stations maintain a public inspection file similar to the requirement in the rule for FM radio stations. This submission is being made to the Office of Management and Budget (OMB) for approval of the local public inspection file requirement for FM6 LPTV stations as adopted in the FM6 Report and Order. This requirement is contained in 47 CFR 73.3526.

Other information collection requirements that remain unchanged since last approved by OMB: 47 CFR Sections 73.1943(a) and 76.1701(a) require each broadcast station licensee and each cable television system to maintain in its online political file a complete record of any request to purchase broadcast and cablecast time that is made by or on behalf of a candidate for public office, or that communicates a message relating to any political matter of national importance, including a legally qualified candidate, any election to Federal office, or a national legislative issue of public importance.

47 CFR Sections 73.1943(b) and 76.1701(b) specify the records that each broadcast station licensee and each cable television system must maintain in its online political file:

(1) whether the request to purchase broadcast or cablecast time is accepted or rejected by the broadcast licensee or cable television system operator;

(2) the rate charged for the broadcast or cablecast time;

(3) the date and time on which the communication is aired;

(4) the class of time that is purchased;

(5) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable);

(6) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and

(7) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.

47 CFR Sections 73.3526(a) and 73.3527(a): 47 CFR Sections 73.3526(a) and 73.3527(a) require that licensees and permittees of commercial and noncommercial educational (NCE) broadcast stations maintain a public inspection file. 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.

47 CFR Sections 73.3526(b) and 73.3527(b) require that the public inspection file be maintained at the main studio of the station. An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license or at its proposed main studio. The 2012 Second Report and Order changed this subsection to require commercial and noncommercial television stations to maintain their public inspection file on an online public file to be hosted by the Commission, instead of being maintained at the main studio of the station, with the exception of letters and emails from the public, which were required to continue to be maintained at the station. The 2016 Expanded Online File R&O changed this subsection to require commercial and noncommercial radio stations to maintain their public inspection file in the Commission’s online public file, with the exception of letters and emails from the public, which were required to continue to be maintained at the station. Commercial radio stations in the top 50 Nielsen Audio markets with 5 or more full-time employees were required to commence placing new public file material in the online public file on June 24, 2016. All other radio stations were required to commence placing new public file material in the online public file on March 1, 2018. Stations must also provide a link to the online file from the home page of their own websites, if they have one, and provide contact information for a station representative on their websites who can assist persons with disabilities with issues related to the content of the public files. Stations are also required to include in the online public file the station’s main studio address and telephone number and the email address of the station’s designated contact for questions about the public file.

With respect to the station’s political file, new material must be placed in the online file hosted by the Commission, but existing political inspection file material may continue to be retained at the station. Commercial radio stations in the top 50 Nielsen Audio with 5 or more full-time employees were required to commence placing new political file material in the online public file on June 24, 2016. All other radio stations were required to commence placing any new political file material in the online public file on March 1, 2018, while other political file material may be retained at the station until the end of the retention period.

47 CFR Sections 73.3526(c) and 73.3527(c) require the licensee/permittee to make the local public file available for public inspection at any time during regular business hours. All or part of this file may be maintained in a computer database as long as a computer terminal is made available to members of the public. Materials in the public file must be made available for review, printing or reproduction upon request.

Licensees that maintain their main studios and public file outside their communities of license¹ are required to mail a copy of “The Public and Broadcasting”² to anyone requesting a copy. Licensees shall be prepared to assist members of the public in identifying the documents they may want to be sent to them by mail.

An applicant, permittee, or licensee must provide information regarding the location of the public file, or the applicable portion of the file, within one business day of a request for such information.

47 CFR Sections 73.3526(d) and 73.3527(d) require an assignor to maintain the public inspection file until such time as the assignment is consummated. At that time, the assignee is required to maintain the file.

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47 CFR Sections 73.3526(e) and 73.3527(e) specify the contents of the public inspection files. Separate rule sections not subject to this information collection require the creation and submission to the Commission of many of the items that must be retained in the public inspection file. As such, the burden estimates for creation and submission of these documents are calculated in other information collections. The burden estimates included in this information collection pertain only to making these items publicly available. We have listed below some of the relevant information collections pertaining to the creation and submission of such documents. The documents to be retained in the public inspection files are as follows:

(a) A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization;

(b) A copy of any application tendered for filing with the FCC, together with all related material, and copies of Initial Decision and Final Decisions in hearing cases. If petitions to deny are filed against the application, a statement that such a petition has been filed shall be maintained in the file together with the name and address of the party filing the petition [Application for Construction Permit for Commercial Broadcast Station (OMB control number 3060-0027, FCC Form 301; Application for New Commercial or Noncommercial Educational Broadcast Station License (OMB control number 3060-0029, FCC Form 340); Application for Consent to Assignment of Broadcast Station Construction Permit or License, FCC Form 314; Application for Consent to Transfer Control of Entity Holding Broadcast Station Construction Permit or License, FCC Form 315; Section 73.3580, Local Public Notice of Filing of Broadcast Applications (OMB control number 3060-0031)];

(c) For commercial broadcast stations, a copy of every written citizen agreement;³

(d) A copy of any service contour maps, submitted with any application, together with any other information in the application showing service contours and/or main studio and transmitter location;

(e) A copy of the most recent, complete Ownership Report (FCC Form 323) filed with the FCC for the station, together with any statements filed with the FCC certifying that the current Report is accurate [Ownership Report for Broadcast Station (OMB control number 3060-0010, FCC Form 323); Ownership Report for Noncommercial Educational TV, FM or Standard Broadcast Station (OMB control number 3060-0084, FCC Form 323-E)];

(f) A political file of records required by 47 CFR Section 73.1943 concerning broadcasts by candidates for public office [Section 73.1942, Candidates Rates, 76.206, Candidates Rates, Section 76.1611, Political Cable Rates and Classes of Time (OMB control number 3060-0501)];

(g) An Equal Employment Opportunity File required by 47 CFR Section 73.2080 [Broadcast EEO Program Report, FCC Form 396 (OMB control number 3060-0113); Multi-Channel Video Program Distributor EEO Program Annual Report, (OMB control number 3060-1033, FCC Form 396-C)].

(h) A copy of the most recent edition of the manual entitled “The Public and Broadcasting;”

(i) Material having a substantial bearing on a matter which is the subject of an FCC investigation or complaint to the FCC of which the applicant/permittee/licensee has been advised;

(j) For commercial radio and TV broadcast stations and non-exempt NCE broadcast stations, a list of programs that have provided the station's most significant treatment of community issues. This list is kept on a quarterly basis and contains a brief description of how each issue was treated;

(k) For commercial TV broadcast stations, records sufficient to permit substantiation of the station’s certification, in its license renewal application, of compliance with the commercial limits on children's television programming. The records must be placed in the public file quarterly. The FCC Form 398, Children's Television Programming Reports, reflecting efforts made by the licensee during the preceding quarter, and efforts planned for the next quarter, to serve the educational and informational needs of children must be placed in the public file quarterly [Children's Television Programming Report (OMB control number 3060-0754, FCC Form 398)];

(l) For NCE stations, a list of donors supporting specific programs. The list is to be retained for two years from the date of the broadcast of the specific program supported, and will be reserved for sponsors/underwriters of specific programming;

(m) Each applicant for renewal of license shall place in the public file a statement certifying compliance with the post-filing local public notice announcements. These statements shall be placed in the public file within 7 days of the last day of broadcast [Section 73.3580, Local Public Notice of Filing of Broadcast Applications (OMB control number 3060-0031)];

(n) Commercial radio and TV licensees who provide programming to another licensee’s station, pursuant to time brokerage agreements, are required to keep copies of those agreements in their public inspection files, with confidential information blocked out where appropriate;

(o) Commercial TV stations must make an election between retransmission consent and must-carry status once every three years. Television stations that fail to make an election will be

deemed to have elected must-carry status. This statement must be placed in the station’s public inspection file. This rule codifies Section 325(b)(3)(B) of the Communications Act of 1934, as amended [Section 73.1601, Deletion of Repositioning of Broadcast Signals; Section 76.1617, Initial Must-Carry Notice; and Sections 76.1697 and 76.1708, Principal Headend (OMB control number 3060-0649)];

(p) NCE television stations requesting mandatory carriage on any cable system pursuant to 47 CFR Section 76.56 shall place in its public file the request and relevant correspondence; and

(q) Commercial radio and TV licensees who have entered into joint sales agreements must place the agreements in the public inspection file, with confidential and propriety information blocked out where appropriate.

(r) Commercial TV licensees who have entered into shared service agreements must place the agreements in the public inspection file, with confidential and proprietary information blocked out where appropriate.

47 CFR 73.3526(e)(5) - Ownership reports and related materials.  A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the station documents listed in §73.3613(a)–(c) or an up-to-date list of such documents. If the permittee or licensee elects to maintain an up-to-date list of such documents, the list must include all the information that the permittee or licensee is required to provide on ownership reports for each document, including, but not limited to, a description of the document, the parties to the document, the month and year of execution, the month and year of expiration, and the document type (e.g., network affiliation agreement, articles of incorporation, bylaws, management consultant agreement with independent contractor). Regardless of which of these two options the permittee or licensee chooses, it must update the inventory of §73.3613 documents in the public file to reflect newly executed §73.3613 documents, amendments, supplements, and cancellations within 30 days of execution thereof. Licensees and permittees that choose to retain a list of §73.3613 documents must provide a copy of any §73.3613 document(s) to requesting parties within 7 days. In maintaining copies of such documents in the public file or providing copies upon request, confidential or proprietary information may be redacted where appropriate.

47 CFR 73.3526(e)(14) - Radio and television time brokerage agreements.  For commercial radio and television stations, a copy of every agreement or contract involving time brokerage of the licensee’s station or of another station by the licensee, whether the agreement involves stations in the same markets or in differing markets, with confidential or proprietary information redacted where appropriate. These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force.

47 CFR 73.3526(e)(15) - Must-carry or retransmission consent election. Statements of a commercial television or Class A television station's election with respect to either must-carry or re-transmission consent, as defined in §§76.64 and 76.1608 of this chapter. These records shall be retained for the duration of the three-year election period to which the statement applies. Commercial television stations shall, no later than July 31, 2020, provide an up-to-date email address and phone number for carriage-related questions and respond as soon as is reasonably possible to messages or calls from MVPDs. Each commercial television station is responsible for the continuing accuracy and completeness of the information furnished.

47 CFR 73.3526(e)(16) - Radio and television joint sales agreements.  For commercial radio and commercial television stations, a copy of agreement for the joint sale of advertising time involving the station, whether the agreement involves stations in the same markets or in differing markets, with confidential or proprietary information redacted where appropriate. These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force.

47 CFR Section 73.3527(e)(4) - Ownership reports and related materials.  A copy of the most recent, complete ownership report filed with the FCC for the station, together with any subsequent statement filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the station documents listed in §73.3613(a)–(c) or an up-to-date list of such documents. If the permittee or licensee elects to maintain an up-to-date list of such documents, the list must include all the information that the permittee or licensee is required to provide on ownership reports for each document, including, but not limited to, a description of the document, the parties to the document, the month and year of execution, the month and year of expiration, and the document type (e.g., network affiliation agreement, articles of incorporation, bylaws, management consultant agreement with independent contractor). Regardless of which of these two options the permittee or licensee chooses, it must update the inventory of §73.3613 documents in the public file to reflect newly executed §73.3613 documents, amendments, supplements, and cancellations within 30 days of execution thereof. Licensees and permittees that choose to maintain a list of §73.3613 documents must provide a copy of any §73.3613 document(s) to requesting parties within 7 days. In maintaining copies of such documents in the public file or providing copies upon request, confidential or proprietary information may be redacted where appropriate.

47 CFR Section 73.3526(e)(11)(ii) - commercial TV and Class A TV broadcast must maintain records sufficient to permit substantiation of the station’s certification, in its license renewal application, of compliance with the commercial limits on children’s programming established in 47 U.S.C. Section 303a and 47 CFR Section 73.670. These stations must place these records in their public files annually within 30 days after the end of the calendar year.

47 CFR Section 73.3526(e)(11)(iii) - requires that commercial television stations place in their public files their Children’s Television Programming Reports (FCC Form 2100 Schedule H) on an annual basis, within 30 days after the end of the calendar year.

47 CFR 73.3527(e)(12) - Must-carry requests. States noncommercial television stations shall, no later than July 31, 2020, provide an up-to-date email address and phone number for carriage-related questions and respond as soon as is reasonably possible to messages or calls from MVPDs. Each noncommercial television station is responsible for the continuing accuracy and completeness of the information furnished. Any such station requesting mandatory carriage pursuant to Part 76 of this chapter shall place a copy of such request in its public file and shall retain both the request and relevant correspondence for the duration of any period to which the request applies.

47 CFR 73.3526(e)(13) - Local public notice announcements. Each applicant for renewal of license shall, within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to §73.3580(c)(3), place in the station's online public inspection file a statement certifying compliance with this requirement. The dates and times that the on-air announcements were broadcast shall be made part of the certifying statement. The certifying statement shall be retained in the public file for the period specified in §73.3580(e)(2) (for as long as the application to which it refers).

47 CFR 73.3527(e)(10) - Local public notice announcements. Each applicant for renewal of license shall, within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to §73.3580(c)(3), place in the station's online public inspection file a statement certifying compliance with this requirement. The dates and times that the on-air announcements were broadcast shall be made part of the certifying statement. The certifying statement shall be retained in the public file for the period specified in §73.3580(e)(2) (for as long as the application to which it refers).

47 CFR 73.3526(e)(19) - Foreign sponsorship disclosures. Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at § 73.1212(j)(6).

47 CFR 73.3527(e)(15) - Foreign sponsorship disclosures. Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at § 73.1212(j)(6).

47 CFR 73.1212(k) - The requirements in § 73.1212(j) shall apply to programs permitted to be delivered to foreign broadcast stations under an authorization pursuant to the Section 325(c) of the Communications Act of 1934 (47 U.S.C. § 325(c)) if any part of the material has been sponsored, paid for, or furnished for free as an inducement to air on the foreign station by a foreign governmental entity. A Section 325(c) permit holder shall place copies of the disclosures required along with the name of the program to which the disclosures were appended in the International Bureau’s public filing System (IBFS) under the relevant IBFS Section 325(c) permit file. The filing must state the date and time the program aired. In the case of repeat airings of the program, those additional dates and times should also be included. Where an aural announcement was made, its contents must be reduced to writing and placed in the IBFS in the same manner.

47 CFR Sections 73.1943(c) and 76.1701(c) provide that when a broadcast station licensee or a cable television system provides free time for use by or on behalf of candidates, a record of the free time provided must be placed in the political file.

47 CFR Sections 73.1943(d) and 76.1701(d) state that the records required to be maintained in a broadcast station licensee’s or cable television system’s political file must be placed in the political file as soon as possible and retained for a period of two years. As soon as possible means immediately absent unusual circumstances.

47 CFR Sections 73.1212(e) and 76.1701(e) require that, when an entity sponsors broadcast or cablecast material that concerns a political matter or a discussion of a controversial issue of public importance, a list must be maintained in the public file of the system that includes the sponsoring entity’s chief executive officers, or members of its executive committee or of its board of directors.

The personally identifiable information (PII) in this information collection is in part covered by the system of records notice (SORN), FCC/MB-1, “Ownership of Commercial Broadcast Stations,” 74 FR 59978 (2009).  The Commission is currently drafting a Privacy Impact Assessment (PIA) for the records covered by this SORN. 

The Commission has also prepared a second system of records notice, FCC/MB-2, “Broadcast Station Public Inspection Files,” that will cover the PII contained in the broadcast station public inspection files to be located on the Commission’s website. The Commission is also drafting a PIA for the records covered by this SORN.

Statutory authority for this collection of information is contained in Sections 151, 152, 154(i), 303, 307, 308, and 315(e) of the Communications Act of 1934, as amended.

2. Indicate how, by whom and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The public and FCC use the information in the public file to evaluate information about the broadcast licensee’s performance, to ensure that broadcast stations are addressing issues concerning the community which it is licensed to serve and to ensure that stations entering into time brokerage agreements comply with Commission policies pertaining to licensee control and to the Communications Act and the antitrust laws.⁴ Placing joint sales agreements in the public inspection file facilitates monitoring by the public, competitors and regulatory agencies.

The public and the FCC use Form 2100, Schedule H data to evaluate a commercial television broadcast licensee’s effort to serve the educational and informational programming needs of children in its community of license. The FCC also uses Form 2100, Schedule H data in determining whether a station’s license should be renewed at the end of its eight-year license term. The certifications of compliance

With the commercial limits on children’s television programming are used to verify a station’s compliance with the commercial limits.

Television broadcasters are required to send each cable operator in the station’s market a copy of the election statement applicable to that particular cable operator. Placing these retransmission consent/must-carry elections in the public file provide public access to documentation of station’s elections which are used by cable operators in negotiations with television stations and by the public to ascertain why some stations are/are not carried by the cable systems.

Maintenance of political files by broadcast stations and cable television systems enables the public to assess money expended and time allotted to a political candidate and ensure that equal access was afforded to other legally qualified candidates for public office. It also fosters transparency about the entities that sponsor political ads.

Placing SSAs in the public inspection file will facilitate comprehensive examination by the Commission and the public about the prevalence and content of SSAs between commercial television stations, which will improve the Commission’s and the public’s ability to assess the potential impact of these agreements on the Commission’s rules and policies.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

This collection involves automated electronic collection techniques. This item requires radio and television licensees and cable operators to post their public files to the Commission’s website, making the public files available over the Internet.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in item 2 above.

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

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

This information collection does not impose any significant economic impact on a substantial number of small businesses/entities. However, any entity can request a waiver of the Commission’s rules, under 47 CFR § 1.3, which allows the Commission to waive rules where good cause has been shown.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If the information contained in the public file were not retained on a regular basis, the Commission and the public would not have timely information to evaluate a broadcaster’s public service record. For example, the time brokerage agreements and joint sales agreements placed in the public file provide information not available elsewhere. Similarly, the shared service agreements subject to this information collection are not available from any source other than the respondents.

7. Explain any special circumstances that cause an information collection to be conducted in a manner: requiring respondents to report information to the agency more often than quarterly; requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; requiring respondents to submit more than an original and two copies of any document; requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

With the exception of the political file, there are no special circumstances that require respondents to report information more than quarterly. The Communications Act and the Commission’s rules require that broadcasters and cable operators place information into the political file “as soon as possible.”⁵ The Commission has long interpreted “as soon as possible” to mean “immediately absent unusual circumstances.”⁶ TV and radio stations and cable operators upload records to their online political file immediately absent unusual circumstances. The contents of the political file are time-sensitive.⁷ A candidate has only seven days from the date of his or her opponent’s appearance to request equal opportunities for an appearance.⁸

There are no special circumstances that require a written response in fewer than 30 days of receipt, or submit more than an original and two copies of any document.

With respect to proprietary trade secrets and confidential information, the Commission has instituted procedures to protect the confidentiality of any such information to the extent permitted by law. For example, licensees are explicitly authorized to redact information from contracts for the joint sale of advertising time that is confidential or proprietary in nature. See 47 CFR § 73.3526(e)(16).

While the Commission has instituted procedures to protect confidential information, much of the public file is not confidential. A copy of the current FCC authorization to construct or operate the station must be retained in the public file until replaced by a new authorization. Applications tendered for filing shall be retained until final action has been taken on the application, except that applications for a new construction permit granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect. A copy of contour maps shall be retained for as long as they reflect current, accurate information regarding the station. License renewal applications granted on a short-term basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term. Citizen agreements shall be retained for the term of the agreement. Ownership Reports and related materials shall be retained until a new, complete Ownership Report is filed with the FCC. The licensee need not retain a copy of the contracts listed in the Ownership Report so long as the licensee maintains an up-to-date list of such contracts in the file and provides copies of any contracts to requesting parties within 7 days. Political files required by Sections 73.1943 and 76.1701 shall be retained for a period of 2 years. A copy of the 1998 edition of the manual entitled “The Public and Broadcasting” must be retained at all times. Material relating to an FCC investigation or complaint must be retained until notified in writing that the material may be discarded. Donor lists must be retained for two years. The certifications of compliance with the pre-filing and post-filing local public notice announcements of the filing of applications for renewal of license shall be retained for as long as the application to which it refers. Time brokerage agreements⁹ and joint sales agreements¹⁰ must be retained as long as the contract or agreement is in force.

Letters and electronic mail messages, issues/program lists, and records concerning commercial limits and Children’s Television Programming Reports must be retained until final action has been taken on the station’s next license renewal application. Television station’s must-carry/retransmission election statements shall be retained for the duration of the three-year election period to which the statement applies.

These retention periods are necessary to provide the public and the FCC timely information to evaluate the station’s performance during its entire license term or over the life of a contract.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information prior to submission to OMB.

The Commission published a notice in the Federal Register seeking public comment on the information collections contained in this supporting statement, see 88 FR 53893, published on August 9, 2023. No comments were received from the public on the information collection requirements contained in this collection.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payment or gift was provided to the respondent.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation or agency policy.

Most of the documents comprising the public file consist of materials that are not of a confidential nature.  See Response to Question 7 describing those materials.  With respect to any such documents that may contain proprietary trade secrets and confidential information, the Commission has instituted procedures to protect the confidentiality of any such information to the extent permitted by law.  For example, licensees are explicitly authorized to redact information from contracts for the joint sale of advertising time that is confidential or proprietary in nature, and the requirement to disclose other SSAs also allows for the redaction of information that is confidential or proprietary in nature.

Respondents complying with the information collection requirements may request that the information they submit be withheld from disclosure. If confidentiality is requested, such requests will be processed in accordance with the Commission’s rules, 47 CFR § 0.459.

Should respondents submit any PII as part of the information collection requirements, the FCC has an existing system of records, FCC/MB-1, “Ownership of Commercial Broadcast Stations,” that may partially cover this PII. There are two additional systems of records relevant to this collection: FCC/MB-2, “Broadcast Station Public Inspection Files,” and FCC/IB-1, “International Bureau Filing System (IBFS).” The Commission has published system of records notices (SORNs) for FCC/MB-2 and FCC/IB-1 and will modify them as necessary to include PII that will be added to the Online Public Inspection Files system or IBFS as part of this collection. The Commission is preparing Privacy Impact Assessments for these systems.

11. Provide additional justification for any questions of a sensitive nature.

This information collection does not address any private matters of a sensitive nature. Any PII that is submitted as part of the information collection requirements may be covered in part by the system of records notices FCC/MB-1, FCC/MB-2, or FCC/IB-1, as noted in Question 10. In addition, the Commission will redact any other personal information before it becomes available for public inspection, at the request of the submitter.

12. Provide estimates of the hour burden of the collection of information. The statement should: indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance.

The public burden is estimated as follows:

Respondents	Number of Responses	Respondent’s Hourly Burden	Total Annual Burden	Hourly In- House Cost	Annual In- House Cost
Local Public Inspection Files:
(1) General Maintenance
Commercial Radio Stations	11,185	44 hours	492,140 hrs.	$15.54/hr.	$7,647,856
Noncommercial Educational Radio Stations	4,204	40 hours	168,080 hrs.	$15.54/hr.	$2,613,206
Commercial TV Stations	1,373	45 hours	61,785 hrs.	$15.54/hr.	$960,139
Noncommercial Educational TV Stations	385	45 hours	17,325 hrs.	$15.54/hr.	$269,231
Class A Television Stations	382	45 hours	17,190 hrs.	$15.54/hr.	$267,133
FM6 LPTV Stations	14	45 hours	630 hours	$15.54/hr.	$9,790.20
(2) Community Issue List
Commercial Radio Stations	11,185	52 hours	581,620 hrs.	$26.00/hr.	$15,122,120
Noncommercial Educational Radio Stations	4,204	52 hours	218,608 hrs.	$26.00/hr.	$5,683,808
Commercial TV Stations	1,373	52 hours	71,396 hrs.	$26.00/hr.	$1,856,296
Noncommercial Educational TV Stations	385	52 hours	20,020 hrs.	$26.00/hr.	$520,520
Class A Television Stations	382	52 hours	19,864 hrs.	$26.00/hr.	$516,464
FM6 LPTV Stations	14	52 hours	728 hrs.	$26.00/hr.	$18,928
(3) Commercial Limits
Commercial TV Stations	1,373	20 hours	27,460 hrs.	$26.00/hr.	$713,960
Class A Television Stations	382	20 hours	7,640 hrs.	$26.00/hr.	$198,640
(4) Must Carry/Retransmission Consent
Noncommercial Educational TV stations	385	50 hours	19,250 hrs.	$26.00/hr.	$500,500
Commercial TV Stations	1,373	50 hours	68,650 hrs.	$26.00/hr.	$1,784,900
Class A Television Stations	382	50 hours	19,100 hrs.	$26.00/hr.	$496,600
Political Files:
Commercial Broadcast Stations	12,558	17 hours	213,486 hrs.	$26/hour	$5,550,636
Noncommercial Broadcast Stations	4,589	1 hour	4,589 hrs.	$26/hour	$119,314
Low Power TV	1,928	1 hour	1,928 hrs.	$26/hour	$50,128
Cable Systems	4,336	7 hours	30,352 hrs.	$18/hour	$546,336

Foreign Sponsorship Disclosures:
Broadcast Stations	4,000 (200 respondents11 x 20 programs12)	1 hour13	4,000 hours	$26/hour	$104,000
TOTALS:	66,392		2,065,841 hours		$45,549,905.20

Total Number of Annual Respondents: 23,819¹⁴ Licensees/Permittees/Cable Operators

Total Number of Annual Responses: 66,392 responses

Total Annual Burden Hours: 2,065,841 Hours

Total Annual “In-house” Cost: $45,549,905.20

13. Provide estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in items 12 and 14).

1. Total annualized capital/startup costs: None

2. Total annual costs (O&M): None

3. Total annualized cost requested: None

14. Provide estimates of annualized costs to the Federal government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expenses that would not have been incurred without this collection of information.

There are no costs to the Federal Government.

15. Explain the reasons for any program changes or adjustments reported for this information collection.

The Commission has program changes to this information collection due to the information collection requirements adopted in FCC 23-58. These program changes/increases are as follows: 14 to the number of respondents, 28 to the annual number of responses and 1,358 to the annual burden hours.

There are no adjustments to this collection.

16. For collections of information whose results will be published, outline plans for tabulation and publication.

The data will not be published.

17. If seeking approval to not display the expiration date for OMB approval of the information collection (IC), explain the reasons that display would be inappropriate.

OMB approval of the expiration date of the information collection will be displayed on OMB’s website.

18. Explain any exceptions to the Certification Statement.

There are no exceptions to the Certification Statement.

B. Collections of Information Employing Statistical Methods

No statistical methods are employed.

1 Every broadcast station is permitted or licensed to a designated community, the needs and interests of which the station primarily serves. The station is required to place a signal of a certain strength over the entirety of its community of license, and is required to provide programming to serve its community of license. See, e.g., 47 U.S.C. § 307(b); 47 CFR §§ 73.24(i), 73.315(a).

2 This manual provides a brief overview of the regulation of broadcast radio and television.

3 A citizen agreement is an agreement between a licensee and one or more citizens that deal with goals or proposed practices that affect station operations in the public interest in areas such as - but not limited to - programming and employments.

4 In the Matter of Review of the Commission’s Regulations Governing Attribution of Broadcast and Cable/MDS Interests, Report and Order, 14 FCC Rcd 12559, 12601 (1999); Revision of Radio Rules and Policies, Report and Order, 7 FCC Rcd 2755, 2789 (1992), recon., Memorandum Opinion and Further Notice of Proposed Rule Making, 7 FCC Rcd 6387 (1994), further recon., Second Memorandum Opinion and Order, 9 FCC Rcd 7183 (1994).

5 47 U.S.C. § 315(e)(3); 47 CFR §§ 73.1943(d), 76.1701(d).

6 Section 73.1943(d) of the Commission’s rules provides that “[a]ll records required by this paragraph shall be placed in the political file as soon as possible . . . . As soon as possible means immediately absent unusual circumstances.” 47 CFR § 73.1943(d). See also 47 CFR § 76.1701(d).

7 See 47 CFR § 73.1943(d).

8 See 47 CFR § 73.1941(c).

9 “Time brokerage,” also known as “local marketing,” is the sale by a broadcast licensee of discrete blocks of time to a “broker” that supplies the station with programming to fill that time and sells the commercial spot announcements in that block. Confidential information in these agreements may be redacted. See also 47 CFR § 73.3613(d)(1).

10 A Joint Sales Agreement is an agreement authorizing a broker to sell advertising time for the brokered station in return for a fee paid to the licensee. See also 47 CFR § 73.3613(d)(2).

11 We estimate that approximately 1% of the roughly 20,000 broadcast respondents (including Section 325(c) permittees) will have to make the required foreign sponsorship disclosures.

12 Based on a review of FARA filings, a foreign governmental entity may have 10 to 20 programs to which disclosures would need to be affixed and placed in the online public inspection files, depending on whether the programs are provided pursuant to a lease agreement.

13 We estimate that it should take no more than an hour, on average, for respondents to place copies of required disclosures in the online public inspection files.

14 This number includes Section 325(c) permit holders and FM6 LPTV stations.

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