[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Notices]
[Page 18379-18382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-48]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to OMB for
Review and Approval, Comments Requested
April 14, 2009.
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.
[[Page 18380]]
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before May 22, 2009. 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.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0249.
Title: Sections 74.781, 74.1281 and 78.69, Station Records.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit entities; not-for-profit
institutions; State, Federal or Tribal Governments.
Number of Respondents/Responses: 13,811 respondents/20,724
responses.
Estimated Time per Response: 30 minutes to 1 hour.
Frequency of Response: Recordkeeping requirement.
Total Annual Burden: 11,726 hours.
Total Annual Costs: $8,295,600.
Nature and Extend of Confidentiality: There is no need for
confidentiality with this collection of information.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Section 154(i) of the Communications Act of 1934, as amended.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: 47 CFR 74.781 requires the following:
(a) The licensee of a low power TV, TV translator, or TV booster
station shall maintain adequate station records, including the current
instrument of authorization, official correspondence with the FCC,
contracts, permission for rebroadcasts, and other pertinent documents.
(b) Entries required by 17.49 of this Chapter concerning any
observed or otherwise known extinguishment or improper functioning of a
tower light: (1) The nature of such extinguishment or improper
functioning. (2) The date and time the extinguishment or improper
operation was observed or otherwise noted. (3) The date, time and
nature of adjustments, repairs or replacements made.
(c) The station records shall be maintained for inspection at a
residence, office, or public building, place of business, or other
suitable place, in one of the communities of license of the translator
or booster, except that the station records of a booster or translator
licensed to the licensee of the primary station may be kept at the same
place where the primary station records are kept. The name of the
person keeping station records, together with the address of the place
where the records are kept, shall be posted in accordance with
74.765(c) of the rules. The station records shall be made available
upon request to any authorized representative of the Commission.
(d) Station logs and records shall be retained for a period of two
years.
47 CFR 74.1281 requires the following:
(a) The licensee of a station authorized under this subpart shall
maintain adequate station records, including the current instrument of
authorization, official correspondence with the FCC, maintenance
records, contracts, permission for rebroadcasts, and other pertinent
documents.
(b) Entries required by 17.49 of this chapter concerning any
observed or otherwise known extinguishment or improper functioning of a
tower light: (1) The nature of such extinguishment or improper
functioning. (2) The date and time the extinguishment of improper
operation was observed or otherwise noted. (3) The date, time and
nature of adjustments, repairs or replacements made.
(c) The station records shall be maintained for inspection at a
residence, office, or public building, place of business, or other
suitable place, in one of the communities of license of the translator
or booster, except that the station records of a booster or translator
licensed to the licensee of the primary station may be kept at the same
place where the primary station records are kept. The name of the
person keeping station records, together with the address of the place
where the records are kept, shall be posted in accordance with
74.1265(b) of the rules. The station records shall be made available
upon request to any authorized representative of the Commission.
(d) Station logs and records shall be retained for a period of two
years.
47 CFR 78.69 requires each licensee of a CARS station shall
maintain records showing the following:
(a) For all attended or remotely controlled stations, the date and
time of the beginning and end of each period of transmission of each
channel;
(b) For all stations, the date and time of any unscheduled
interruptions to the transmissions of the station, the duration of such
interruptions, and the causes thereof;
(c) For all stations, the results and dates of the frequency
measurements made pursuant to 78.113 and the name of the person or
persons making the measurements;
(d) For all stations, when service or maintenance duties are
performed, which may affect a station's proper operation, the
responsible operator shall sign and date an entry in the station's
records, giving:
(1) Pertinent details of all transmitter adjustments performed by
the operator or under the operator's supervision.
(e) When a station in this service has an antenna structure which
is required to be illuminated, appropriate entries shall be made as
follows:
(1) The time the tower lights are turned on and off each day, if
manually controlled. (2) The time the daily check of proper operation
of the tower lights was made, if an automatic alarm system is not
employed.
(3) In the event of any observed or otherwise known failure of a
tower light:
(i) Nature of such failure.
(ii) Date and time the failure was observed or otherwise noted.
(iii) Date, time, and nature of the adjustments, repairs, or
replacements made. (iv) Identification of Flight Service Station
(Federal Aviation Administration) notified of the failure of any code
or rotating beacon light not corrected within 30 minutes, and the date
and time such notice was given. (v) Date and
[[Page 18381]]
time notice was given to the Flight Service Station (Federal Aviation
Administration) that the required illumination was resumed.
(4) Upon completion of the 3-month periodic inspection required by
78.63(c):
(i) The date of the inspection and the condition of all tower
lights and associated tower lighting control devices, indicators, and
alarm systems. (ii) Any adjustments, replacements, or repairs made to
insure compliance with the lighting requirements and the date such
adjustments, replacements, or repairs were made.
(f) For all stations, station record entries shall be made in an
orderly and legible manner by the person or persons competent to do so,
having actual knowledge of the facts required, who shall sign the
station record when starting duty and again when going off duty.
(g) For all stations, no station record or portion thereof shall be
erased, obliterated, or willfully destroyed within the period of
retention required by rule. Any necessary correction may be made only
by the person who made the original entry who shall strike out the
erroneous portion, initial the correction made, and show the date the
correction was made.
(h) For all stations, station records shall be retained for a
period of not less than 2 years. The Commission reserves the right to
order retention of station records for a longer period of time. In
cases where the licensee or permittee has notice of any claim or
complaint, the station record shall be retained until such claim or
complaint has been fully satisfied or until the same has been barred by
statute limiting the time for filing of suits upon such claims.
OMB Control Number: 3060-0568.
Title: Sections 76.970, 76.971 and 76.975, Commercial Leased Access
Rates, Terms and Conditions.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Businesses or other for-profit; State, Local or Tribal
Government.
Number of Respondents and Responses: 4,030 respondents; 11,940
responses.
Estimated Time per Response: 2 minutes--10 hours.
Frequency of Response: Recordkeeping requirement; Third party
disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
sections 154(i) and 612 of the Communications Act of 1934, as amended.
Total Annual Burden: 59,671 hours.
Total Annual Cost: $74,000.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: 47 CFR 76.970(h) requires cable operators to
provide the following information within 15 calendar days of a request
regarding leased access (for systems subject to small system relief,
cable operators are required to provide the following information
within 30 days of a request regarding leased access):
(a) A complete schedule of the operator's full-time and part-time
leased access rates;
(b) how much of the cable operator's leased access set-aside
capacity is available;
(c) rates associated with technical and studio costs;
(d) if specifically requested, a sample leased access contract; and
(e) operators must maintain supporting documentation to justify
scheduled rates in their files.
47 CFR 76.971 requires cable operators to provide billing and
collection services to leased access programmers unless they can
demonstrate the existence of third party billing and collection
services which, in terms of cost and accessibility, offer leased access
programmers an alternative substantially equivalent to that offered to
comparable non-leased access programmers.
47 CFR 76.975(b) requires that persons alleging that a cable
operator's leased access rate is unreasonable must receive a
determination of the cable operator's maximum permitted rate from an
independent accountant prior to filing a petition for relief with the
Commission.
47 CFR 76.975(c) requires that petitioners attach a copy of the
final accountant's report to their petition where the petition is based
on allegations that a cable operator's leased access rates are
unreasonable.
OMB Control Number: 3060-0716.
Title: Sections 73.88, 73.318, 73.685 and 73.1630, Blanketing
Interference.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; not-for-profit
institutions.
Number of Respondents and Responses: 21,000 respondents/21,000
responses.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
section 154(i) of the Communications Act of 1934, as amended.
Total Annual Burden: 41,000 hours.
Total Annual Costs: None.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: 47 CFR 73.88(AM) states that the licensee of each
broadcast station is required to satisfy all reasonable complaints of
blanketing interference within the 1 V/m contour.
47 CFR 73.318(b)(FM) states that after January 1, 1985, permittees
or licensees who either (1) Commence program tests, (2) replace the
antennas, or (3) request facilities modifications and are issued a new
construction permit must satisfy all complaints of blanketing
interference which are received by the station during a one year
period.
47 CFR 73.318(c)(FM) states that a permittee collocating with one
or more existing stations and beginning program tests on or after
January 1, 1985, must assume full financial responsibility for
remedying new complaints of blanketing interference for a period of one
year.
Under 47 CFR 73.88(AM), 73.318(FM), and 73.685(d)(TV), the licensee
is financially responsible for resolving complaints of interference
within one year of program test authority when certain conditions are
met. After the first year, a licensee is only required to provide
technical assistance to determine the cause of interference.
The FCC has an outstanding Notice of Proposed Rulemaking (NPRM) in
MM Docket No. 96-62, In the Matter of Amendment of part 73 of the
Commission's Rules to More Effectively Resolve Broadcast Blanketing
Interference, Including Interference to Consumer Electronics and Other
Communications Devices. The NPRM has proposed to provide detailed
clarification of the AM, FM, and TV licensee's responsibilities in
resolving/eliminating blanketing interference caused by their
individual stations. The NPRM has also proposed to consolidate all
blanketing interference rules under a new section 47 CFR 73.1630,
``Blanketing Interference.'' This new rule has been designed to
facilitate the resolution of broadcast interference problems and set
forth all responsibilities of the licensee/
[[Page 18382]]
permittee of a broadcast station. To date, final rules have not been
adopted.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-9261 Filed 4-21-09; 8:45 am]
BILLING CODE 6712-01-P