Notice of Public Information Collections Being Reviewed by FCC for Extension Under Delegated Authority 5 CFR 1320 Authority, Comments Requested

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collections Being Reviewed by FCC

for Extension Under Delegated Authority 5 CFR 1320 Authority, Comments

Requested

July 31, 1996.

SUMMARY: The Federal Communications Commission, as part of its

continuing effort to reduce paperwork burden invites the general public

and other Federal agencies to take this opportunity to comment on the

following proposed and/or continuing information collections, as

required by the Paperwork Reduction Act of 1995, Public Law 104-13. An

agency may not conduct or sponsor a collection of information unless it

displays a currently valid control number. No person shall be subject

to any penalty for failing to comply with a collection of information

subject to the Paperwork Reduction Act (PRA) that does not display a

valid control number. Comments are requested concerning (a) Whether the

proposed collection of information is necessary for the proper

performance of the functions of the Commission, including whether the

information shall have practical utility; (b) the accuracy of the

Commissions burden estimates; (c) ways to enhance the quality, utility,

and clarity of the information collected and (d) ways to minimize the

burden of the collection of information on the respondents, including

the use of automated collection techniques or other forms of

information technology.

The FCC is reviewing the following information collection

requirements for possible 3-year extension under delegated authority 5

CFR 1320, authority delegated to the Commission by the Office of

Management and Budget (OMB).

DATES: Written comments should be submitted on or before October 7,

1996. If you anticipate that you will be submitting comments, but find

it difficult to do so within the period of time allowed by this notice,

you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all comments to Dorothy Conway, Federal

Communications Commission, Room 234, 1919 M St., NW., Washington, DC

20554 or via internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies

of the information collections contact Dorothy Conway at 202-418-0217

or via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Number: 3060-0120.

Title: Broadcast Equal Employment Opportunity Model Program Report.

Form Number: FCC 396-A.

Type of Review: Extension.

Affected Public: Business or other for-profit.

Number of Respondents: 2,526.

Estimated Time Per Response: 1 hour.

Total Annual Burden: 2,526 hours.

Needs and Uses: FCC Form 396-A is filed in conjunction with

applicants seeking authority to construct a new broadcast station, to

obtain assignment of construction or license and/or seeking authority

to acquire control of an entity holding construction permit or license.

This program is designed to assist the applicant in establishing an

effective EEO program for its station. The data is reviewed by FCC

analysts to determine if stations will provide equal employment

opportunity to all qualified persons without regard to race, color,

religion, sex or national origin.

OMB Number: 3060-0394.

Title: Section 1.420 Additional procedures in proceedings for

amendment of FM, TV or Air-Ground Table of Allotments.

Form Number: None.

Type of Review: Extension.

Affected Public: Business or other for-profit.

Number of Respondents: 30.

Estimated time per response: 20 minutes--2 hours (20 minutes

consultation--1-2 hours contract attorney).

Total annual burden: 10 hours.

Needs and Uses: Section 1.420 requires a petitioner seeking to

withdraw or dismiss its expression of interest in allotment proceedings

to file a request for approval. This request would include a copy of

any related written agreement and an affidavit

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certifying that neither the party withdrawing its interest nor its

principals has received any consideration in excess of legitimate and

prudent expenses in exchange for dismissing/withdrawing its petition,

an itemization of the expenses for which it is seeking reimbursement,

and the terms of any oral agreement. Each remaining party to any

written or oral agreement must submit an affidavit within 5 days of

petitioner's request for approval stating that it has paid no

consideration to the petitioner in excess of the petitioner's

legitimate and prudent expenses. The data is used by FCC staff to

ensure that an expression of interest in applying for, constructing,

and operating a station was filed under appropriate circumstances and

not to extract payment in excess of legitimate and prudent expenses.

OMB Number: 3060-0175.

Title: Section 73.1250 Broadcasting emergency information.

Form Number: None.

Type of Review: Extension.

Affected Public: Business or other for-profit.

Number of Respondents: 50.

Estimated time per response: 1 hour.

Total annual burden: 50 hours.

Needs and Uses: Emergency situations in which the broadcasting of

information is considered as furthering the safety of life and property

include, but are not limited to, tornadoes, hurricanes, floods, tidal

waves, earthquakes, and school closings. Section 73.1250(e) requires

that immediately upon cessation of an emergency during which broadcast

facilities were used for the transmission of point-to-point messages or

when daytime facilities were used during nighttime hours by an AM

station, a report in letter form shall be forwarded to the FCC in

Washington, D.C., setting forth the nature of the emergency, the dates

and hours of the broadcasting of emergency information and a brief

description of the material carried during the emergency. A

certification of compliance with the noncommercialization provision

must accompany the report where daytime facilities are used during

nighttime hours by an AM station. The report is used by FCC staff to

evaluate the need and nature of the emergency broadcast to confirm that

an actual emergency existed.

OMB Number: 3060-0423.

Title: Section 73.3588 Dismissal of petitions to deny or withdrawal

of informal objections.

Form Number: None.

Type of Review: Extension.

Affected Public: Business or other for-profit.

Number of Respondents: 80 petitioners.

Estimated time per response: 20 minutes--8 hours (20 minutes

consultation; 8 hours contracted attorney).

Total annual burden: 26 hours.

Needs and Uses: Section 73.3588 requires a petitioner to obtain

approval from the FCC to dismiss or withdraw its petition to deny when

it is filed against a renewal application and applications for new

construction permits, modifications, transfers and assignments. This

request for approval must contain a copy of any written agreement, an

affidavit stating that the petitioner has not received any

consideration in excess of legitimate and prudent expenses in exchange

for dismissing/withdrawing its petition and an itemization of the

expenses for which it is seeking reimbursement. Each remaining party to

any written or oral agreement must submit an affidavit within 5 days of

petitioner's request for approval stating that it has paid no

consideration to the petitioner in excess of the petitioner's

legitimate and prudent expenses. The data is used by FCC staff to

ensure that a petition to deny or informal objection was filed under

appropriate circumstances and not to extract payments in excess of

legitimate and prudent expenses.

OMB Number: 3060-0452.

Title: Section 73.3589 Threats to file petitions to deny or

informal objections.

Form Number: None.

Type of Review: Extension.

Affected Public: Business or other for-profit.

Number of Respondents: 15 AM/FM/TV stations.

Estimated time per response: 20 minutes--1 hour (20 minute

consultation time; 1 hour contracted attorney).

Total annual burden: 5 hours.

Needs and Uses: Section 73.3589 requires an applicant or licensee

to file with the FCC a copy of any written agreement related to the

dismissal or withdrawal of a threat to file a petition to deny or

informal objection and an affidavit certifying that neither the would-

be petitioner nor any person or organization related to the would-be

petitioner has not or will not receive any consideration in excess of

legitimate and prudent expenses incurred in threatening to file. The

data is used by FCC staff to ensure that a threat to file a petition to

deny or informal objection was made under appropriate circumstances and

not to extract payments in excess of legitimate and prudent expenses.

OMB Number: 3060-0251.

Title: Section 74.833 Temporary authorizations.

Form Number: None.

Type of Review: Extension.

Affected Public: Business or other for-profit.

Number of Respondents: 6 low power auxiliary stations.

Estimated time per response: 2 hours.

Total annual burden: 12 hours.

Needs and Uses: Section 74.833 requires that requests for special

temporary authorization be made by informal applications for low power

auxiliary station operations which cannot be conducted in accordance

with Section 74.24 of the FCC's rules and for operations of a temporary

nature. (Section 74.24 states that classes of broadcast auxiliary

stations may be operated on a short-term basis under the authority

conveyed by a Part 73 licensee without prior authorization from the

FCC, subject to certain conditions.) The data is used by FCC staff to

insure that the temporary operation of a low power auxiliary station

will not cause interference to other existing stations and to assure

compliance with current FCC rules and regulations.

Federal Communications Commission

William F. Caton,

Acting Secretary.

[FR Doc. 96-19880 Filed 8-5-96; 8:45 am]

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