[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Notices]
[Page 2254-2255]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja08-63]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to OMB for
Review and Approval, Comments Requested
January 7, 2008.
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 information collection, 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 Commission's
burden estimate; (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.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before February 13, 2008. 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 contacts
listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via Internet at Nicholas_A._Fraser@omb.eop.gov
or via fax at (202) 395-5167 and to Cathy Williams, Federal
Communications Commission, Room 1-C823, 445 12th Street, SW.,
Washington, DC or via Internet at
Cathy.Williams@fcc.gov or PRA@fcc.gov. To view a copy of this information collection request
(ICR) submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain
, (2) look for the section of the Web page called
``Currently Under Review,'' (3) click on the downward-pointing arrow in
the ``Select Agency'' box below the ``Currently Under Review'' heading,
(4) select ``Federal Communications Commission'' from the list of
agencies presented in the ``Select Agency'' box, (5) click the
``Submit'' button to the right of the ``Select Agency'' box, (6) when
the list of FCC ICRs currently under review appears, look for the title
of this ICR (or its OMB control number, if there is one) and then click
on the ICR Reference Number to view detailed information about this
ICR.''
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s), contact Cathy Williams at (202) 418-
2918.
OMB Number: 3060-0888.
Title: Section 76.7, Petition Procedures; Sec. 76.9,
Confidentiality of Proprietary Information; Sec. 76.61, Dispute
Concerning Carriage; Sec. 76.914, Revocation of Certification; Sec.
76.1003, Program Access Proceedings; Sec. 76.1302, Carriage Agreement
Proceedings; Sec. 76.1513, Open Video Dispute Resolution.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents: 600.
Estimated Time per Response: 4 to 60 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 19,200 hours.
Total Annual Costs: $240,000.
Nature of Response: Required to obtain or retain benefits.
Nature and Extent of Confidentiality: A party that wishes to have
confidentiality for proprietary information with respect to a
submission it is making to the Commission must file a petition pursuant
to the pleading requirements in Sec. 76.7 and use the method described
in Sec. Sec. 0.459 and 76.9 to demonstrate that confidentiality is
warranted.
Privacy Act Impact Assessment: None.
Needs and Uses: On September 11, 2007, the Commission adopted a
Report and Order and a Notice of Proposed Rulemaking In the Matter of
Implementation of the Cable Television Consumer Protection and
Competition Act of 1992-- Development of Competition and Diversity in
Video Programming Distribution: Section 628(c)(5) of the Communications
Act: Sunset of Exclusive Contract Prohibition; Review of the
Commission's Program Access Rules and Examination of Programming Tying
Arrangements, MB Docket Nos. 07-29, 07-198, FCC 07-169. Section 628 of
the Communications Act proscribes a cable operator, a satellite cable
programming vendor in which a cable operator has an attributable
interest, or a satellite broadcast programming vendor from engaging in
unfair methods of competition and deceptive practices and directs the
Commission to, among other things, prescribe regulations to provide for
an expedited Commission review of any complaints made under this
section. Section 76.1003 contains the Commission's procedural rules for
resolving these program access complaints. The new rules to this
information collection are 47 CFR 76.1003(e)(1) and 47 CFR 76.1003(j).
47 CFR 76.1003(e)(1) requires a cable operator, satellite cable
programming vendor, or satellite broadcast programming vendor that
expressly references and relies upon a document in asserting a defense
to a program access complaint filed pursuant to Sec. 76.1003 or in
responding to a material allegation in a program access complaint filed
pursuant to Sec. 76.1003, to include such document or documents as
part of the answer.
47 CFR 76.1003(j) states in addition to the general pleading and
discovery rules contained in Sec. 76.7 of this part, parties to a
program access complaint may serve requests for discovery directly on
opposing parties, and file a copy of the request with the Commission.
The respondent shall have the opportunity to object to any request for
documents that are not in its control or relevant to the dispute. Such
request shall be heard, and determination made, by the Commission.
Until the objection is ruled upon, the obligation to produce the
disputed material is suspended. Any party who fails to timely provide
discovery requested by the opposing party to which it has not raised an
objection as described above, or who fails to respond to a Commission
order for discovery material, may be deemed in default and an order may
be entered in accordance with the allegations contained in the
complaint, or the complaint may be dismissed with prejudice.
47 CRR 76.7. Pleadings seeking to initiate FCC action must adhere
to the requirements of Sec. 76.6 (general pleading requirements) and
Sec. 76.7 (initiating pleading requirements). Section 76.7 is used for
numerous types of petitions and special relief petitions, including
general petitions seeking special relief, waivers, enforcement, show
cause, forfeiture and declaratory ruling procedures.
47 CFR 76.9. A party that wishes to have confidentiality for
proprietary information with respect to a
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submission it is making to the FCC must file a petition pursuant to the
pleading requirements in Sec. 76.7 and use the method described in
Sec. Sec. 0.459 and 76.9 to demonstrate that confidentiality is
warranted. The petitions filed pursuant to this provision are contained
in the existing information collection requirement and are not changed
by the proposed rule changes.
47 CFR 76.61. Section 76.61(a) permits a local commercial
television station or qualified low power television station that is
denied carriage or channel positioning or repositioning in accordance
with the must-carry rules by a cable operator to file a complaint with
the FCC in accordance with the procedures set forth in Sec. 76.7.
Section 76.61(b) permits a qualified local noncommercial educational
television station that believes a cable operator has failed to comply
with the FCC's signal carriage or channel positioning requirements
(Sec. Sec. 76.56 through 76.57) to file a complaint with the FCC in
accordance with the procedures set forth in Sec. 76.7.
47 CFR 76.914. Section 76.914(c) permits a cable operator seeking
revocation of a franchising authority's certification to file a
petition with the FCC in accordance with the procedures set forth in
Sec. 76.7.
47 CFR 76.1003. Section 76.1003(a) permits any multichannel video
programming distributor aggrieved by conduct that it believes
constitutes a violation of the FCC's competitive access to cable
programming rules to commence an adjudicatory proceeding at the FCC to
obtain enforcement of the rules through the filing of a complaint,
which must be filed and responded to in accordance with the procedures
specified in Sec. 76.7, except to the extent such procedures are
modified by Sec. 76.1003.
47 CFR 76.1302. Section 76.1302(a) permits any video programming
vendor or multichannel video programming distributor aggrieved by
conduct that it believes constitutes a violation of the FCC's
regulation of carriage agreements to commence an adjudicatory
proceeding at the FCC to obtain enforcement of the rules through the
filing of a complaint, which must be filed and responded to in
accordance with the procedures specified in Sec. 76.7, except to the
extent such procedures are modified by Sec. 76.1302.
47 CFR 76.1513. Section 76.1513(a) permits any party aggrieved by
conduct that it believes constitutes a violation of the FCC's
regulations or in section 653 of the Communications Act (47 U.S.C. 573)
to commence an adjudicatory proceeding at the Commission to obtain
enforcement of the rules through the filing of a complaint, which must
be filed and responded to in accordance with the procedures specified
in Sec. 76.7, except to the extent such procedures are modified by
Sec. 76.1513.
OMB Control Number: 3060-0390.
Title: Broadcast Station Annual Employment Report.
Form Number: FCC Form 395-B.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 14,000.
Estimated Time per Response: 0.88 hours.
Frequency of Response: Annual reporting requirement.
Total Annual Burden: 12,320 hours.
Nature of Response: Required to obtain or retain benefits.
Confidentiality: No need for confidentiality required.
Total Annual Costs: None.
Privacy Impact Assessment: No impact(s).
Needs and Uses: FCC Form 395-B, ``The Broadcast Station Annual
Employment Report,'' is used to assess industry employment trends and
provide reports to Congress. Licensees with five or more full-time
employees are required to file Form 395-B on or before September 30th
of each year. The form is a data collection device used to compile
statistics on the workforce employed by broadcast licensees/permittees.
The report identifies each staff member by gender and race/ethnicity in
each of the nine major job categories. On June 4, 2004, the FCC
released the Third Report and Order and Fourth Notice of Proposed
Rulemaking (3rd R&O), In the Matter of Review of the Commission's
Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM
Docket No. 98-204, FCC 04-103, in which it considers issues relating to
the Annual Employment Report forms, including Form 395-B, ``The
Broadcast Station Annual Employment Report.'' In the 3rd R&O, the
Commission is adopting revised rules requiring broadcasters and
multichannel video programming distributors (MVPDs) to file annual
employment reports. Radio and television broadcasters will use Form
395-B to file annual employment reports. The intent of this 3rd R&O is
to reinstate and update requirements for broadcasters and MVPDs to file
annual employment reports. The intent of the Fourth Notice of Proposed
Rulemaking is to provide time for MVPDs, broadcast licensees, and the
public to address the issue of whether the Commission should keep these
forms confidential after they are filed. With the effective date of the
rule revisions adopted in the 3rd R&O, MVPDs and broadcasters must
start keeping records of their employees so they can prepare their
annual employment reports due to be filed on or before September 30,
2004.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-461 Filed 1-11-08; 8:45 am]
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