[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Notices]
[Pages 36390-36393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15495]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Submitted for
Review and Approval to the Office of Management and Budget (OMB),
Comments Requested
June 22, 2010.
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(s), as required by the Paperwork
Reduction Act (PRA) of 1995, 44 U.S.C. 3501 - 3520. 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; (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; and (e)
ways to further reduce the information collection burden for small
business concerns with fewer than 25 employees.
The FCC 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 currently valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before [lsqb]July 26, 2010[rsqb]. If you anticipate
that you will be submitting PRA comments, but find it difficult to do
so within the period of time allowed by this notice, you should advise
the FCC contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via fax at 202-395-5167 or via email to
[email protected] and to the Federal Communications
Commission via email to [email protected] and [email protected]. To view
a copy of this information collection request (ICR) submitted to OMB:
(1) Go to the web page http://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, and (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: Cathy Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0700.
Title: Open Video Systems Provisions, FCC Form 1275.
Form Number: FCC Form 1275.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; State, Local or
Tribal Government.
Number of Respondents and Responses: 280 respondents and 4,672
responses.
Frequency of Response: On occasion reporting requirement;
Recordkeeping and third party disclosure requirements.
Estimated Time per Response: 0.25 to 20 hours.
Total Annual Burden: 9,855 hours.
Total Annual Costs: None.
Privacy Impact Assessment: No impact(s).
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Section 302 of
the Communications Act of 1934, as amended.
Confidentiality: No need for confidentiality required with this
collection of information.
Needs and Uses: Section 302 of the 1996 Telecommunications Act
provides for specific entry options for telephone companies wishing to
enter the video programming marketplace, one option being to provide
cable service over an ``open video system'' (``OVS''). The following
information collection requirements listed below are covered under
information collection 3060-0700.
47 CFR 76.1502(a) states an operator of an open video system must
certify to the Commission that it will comply with the Commission's
regulations in 47 CFR 76.1503, 76.1504, 76.1506, 76.1508, 76.1509, and
76.1513. The Commission must approve such certification prior to the
commencement of service at such a point in time that would allow the
applicant sufficient time to comply with the Commission's notification
requirements.
47 CFR 76.1502(b) states that certifications must be verified by an
officer or director of the applicant, stating that, to the best of his
or her information and belief, the representations made therein are
accurate.
47 CFR 75.1502(c) requires that certifications must be filed on FCC
Form 1275 and must include:
(1) The applicant's name, address and telephone number;
(2) A statement of ownership, including all affiliated entities;
(3) If the applicant is a cable operator applying for certification
in its cable franchise area, a statement that the applicant is
qualified to operate an open video system under Section 76.1501.
[[Page 36391]]
(4) A statement that the applicant agrees to comply and to remain
in compliance with each of the Commission's regulations in
Sec. Sec. 76.1503, 76.1504, 76.1506, 76.1508, 76.1509, and 76.1513;
(5) If the applicant is required under 47 CFR 64.903(a) to file a
cost allocation manual, a statement that the applicant will file
changes to its manual at least 60 days before the commencement of
service;
(6) A list of the names of the anticipated local communities to be
served upon completion of the system;
(7) The anticipated amount and type (i.e., analog or digital) of
capacity (for switched digital systems, the anticipated number of
available channel input ports); and
(8) A statement that the applicant will comply with the
Commission's notice and enrollment requirements for unaffiliated video
programming providers.
47 CFR 76.1502(d)(1) requires that on or before the date an FCC
Form 1275 is filed with the Commission, the applicant must serve a copy
of its filing on all local communities identified and must include a
statement informing the local communities of the Commission's
requirements for filing oppositions and comments. Service by mail is
complete upon mailing, but if mailed, the served documents must be
postmarked at least 3 days prior to the filing of the FCC Form 1275
with the Commission.
47 CFR 76.1502(d)(2) states that parties are required to attach a
cover sheet to the filing indicating that the submission is an open
video system certification application. The only wording on this cover
sheet shall be ``Open Video System Certification Application'' and
``Attention: Media Bureau.'' This wording shall be located in the
center of the page and should be in letters at least 1/2 inch in size.
Parties shall also include the words ``open video systems'' on their
mailing envelope.
47 CFR 76.1502(e)(1) requires that comments or oppositions to a
certification must be filed within five calendar days of the
Commission's receipt of the certification and must be served on the
party that filed the certification. If, after making the necessary
calculations, the due date for filing comments falls on a holiday,
comments shall be filed on the next business day before noon, unless
the nearest business day precedes the fifth calendar day following a
filing, in which case the comments will be due on the preceding
business day.
47 CFR 76.1502(e)(2) requires parties wishing to respond to a FCC
Form 1275 filing must submit comments or oppositions with the Office of
the Secretary and the Bureau Chief, Media Bureau. Comments will not be
considered properly filed unless filed with both of these Offices.
Parties are required to attach a cover sheet to the filing indicating
that the submission is a pleading related to an open video system
application, the only wording on this cover sheet shall be ``Open Video
System Certification Application Comments.'' This wording shall be
located in the center of the page and should be in letters at least 1/2
inch in size. Parties shall also include the words ``open video
systems'' on their mailing envelopes.
47 CFR 76.1502(f) states if the Commission does not disapprove the
certification application within ten days after receipt of an
applicant's request, the certification application will be deemed
approved. If disapproved, the applicant may file a revised
certification or refile its original submission with a statement
addressing the issues in dispute. Such refilings must be served on any
objecting party or parties and on all local communities in which the
applicant intends to operate. The Commission will consider any revised
or refiled FCC Form 1275 to be a new proceeding and any party who filed
comments regarding the original FCC Form 1275 will have to refile their
original comments if they think such comments should be considered in
the subsequent proceeding.
47 CFR 76.1503(b)(1) states an open video system operator shall
file with the Secretary of the Federal Communications Commission a
``Notice of Intent'' to establish an open video system, which the
Commission will release in a Public Notice. Parties are required to
attach a cover sheet to the filing indicating that the submission is an
Open Video System Notice of Intent. The only wording on this cover
sheet shall be ``Open Video System Notice of Intent'' and ``Attention:
Media Bureau.'' This wording shall be located in the center of the page
and should be in letters at least 1/2 inch in size. Parties shall also
include the words ``open video systems'' on their mailing envelopes.
Parties must submit copies of the Notice of Intent with the Office of
the Secretary and the Bureau Chief, Media Bureau.
47 CFR 76.1503(b)(2) states that an open video system operator
shall provide the following information to a video programming provider
within five business days of receiving a written request from the
provider, unless otherwise included in the Notice of Intent:
(i) The projected activation date of the open video system. If a
system is to be activated in stages, the operator should describe the
respective stages and the projected dates on which each stage will be
activated;
(ii) A preliminary carriage rate estimate;
(iii) The information a video programming provider will be required
to provide to qualify as a video programming provider, e.g.,
creditworthiness;
(iv) Technical information that is reasonably necessary for
potential video programming providers to assess whether to seek
capacity on the open video system, including what type of customer
premises equipment subscribers will need to receive service;
(v) Any transmission or reception equipment needed by a video
programming provider to interface successfully with the open video
system; and
(vi) The equipment available to facilitate the carriage of
unaffiliated video programming and the electronic form(s) that will be
accepted for processing and subsequent transmission through the system.
47 CFR 76.1504(d) states complaints regarding rates shall be
limited to video programming providers that have sought carriage on the
open video system. If a video programming provider files a complaint
against an open video system operator meeting the above just and
reasonable rate presumption, the burden of proof will rest with the
complainant. If a complaint is filed against an open video system
operator that does not meet the just and reasonable rate presumption,
the open video system operator will bear the burden of proof to
demonstrate, using the principles set forth below, that the carriage
rates subject to the complaint are just and reasonable.
47 CFR 76.1504(e) states how reasonable rates subject to complaints
are determined and what tests must be met for such determinations.
47 CFR 76.1505(d)(8) states the open video system operator and/or
the local franchising authority may file a complaint with the
Commission, pursuant to our dispute resolution procedures set forth in
Sec. 76.1514, if the open video system operator and the local
franchising authority cannot agree as to the application of the
Commission's rules regarding the open video system operator's public,
educational and governmental access obligations under paragraph (d) of
this section.
47 CFR 76.1506(l)(2) states must-carry/retransmission consent
election
[[Page 36392]]
notifications shall be sent to the open video system operator. An open
video system operator shall make all must-carry/retransmission consent
election notifications received available to the appropriate
programming providers on its system.
(3) Television broadcast stations are required to make the same
election for open video systems and cable systems serving the same
geographic area, unless the overlapping open video system is unable to
deliver appropriate signals in conformance with the broadcast station's
elections for all cable systems serving the same geographic area.
(4) An open video system commencing new operations shall notify all
local commercial and noncommercial broadcast stations as required under
paragraph (l) of this section on or before the date on which it files
with the Commission its Notice of Intent to establish an open video
system.
47 CFR 76.1506(m)(2) states that notification of programming to be
deleted pursuant to this section shall be served on the open video
system operator. The open video system operator shall make all
notifications immediately available to the appropriate video
programming providers on its open video system. Operators may effect
the deletion of signals for which they have received deletion notices
unless they receive notice within a reasonable time from the
appropriate programming provider that the rights claimed are invalid.
The open video system operator shall not delete signals for which it
has received notice from the programming provider that the rights
claimed are invalid. An open video system operator shall be subject to
sanctions for any violation of this subpart. An open video system
operator may require indemnification as a condition of carriage for any
sanctions it may incur in reliance on a programmer's claim that certain
exclusive or non-duplication rights are invalid.
47 CFR 76.1508(c) states any provision of Sec. 76.94 that refers
to a ``cable system operator'' or ``cable television system operator''
shall apply to an open video system operator. Any provision of Sec.
76.94 that refers to a ``cable system'' or ``cable television system''
shall apply to an open video system except Sec. 76.94 (e) and (f)
which shall apply to an open video system operator. Open video system
operators shall make all notifications and information regarding the
exercise of network non-duplication rights immediately available to all
appropriate video programming provider on the system. An open video
system operator shall not be subject to sanctions for any violation of
these rules by an unaffiliated program supplier if the operator
provided proper notices to the program supplier and subsequently took
prompt steps to stop the distribution of the infringing program once it
was notified of a violation.
47 CFR 76.1509(c) states any provision of Sec. 76.155 that refers
to a ``cable system operator'' or ``cable television system operator''
shall apply to an open video system operator. Any provision of Sec.
76.155 that refers to a ``cable system'' or ``cable television system''
shall apply to an open video system except Sec. 76.155(c) which shall
apply to an open video system operator. Open video system operators
shall make all notifications and information regarding exercise of
syndicated program exclusivity rights immediately available to all
appropriate video programming provider on the system. An open video
system operator shall not be subject to sanctions for any violation of
these rules by an unaffiliated program supplier if the operator
provided proper notices to the program supplier and subsequently took
prompt steps to stop the distribution of the infringing program once it
was notified of a violation.
47 CFR 76.1513(a) states any party aggrieved by conduct that it
believes constitute a violation of the regulations set forth in this
part or in section 653 of the Communications Act (47 U.S.C. 573) may
commence an adjudicatory proceeding at the Commission to obtain
enforcement of the rules through the filing of a complaint. The
Commission shall resolve any such dispute within 180 days after the
filing of a complaint. The complaint shall be filed and responded to in
accordance with the procedures specified in Sec. 76.7 of this part
with the following additions or changes.
47 CFR 76.1513(b) requires that an open video system operator may
not provide in its carriage contracts with programming providers that
any dispute must be submitted to arbitration, mediation, or any other
alternative method for dispute resolution prior to submission of a
complaint to the Commission.
47 CFR 76.1513(c) states that any aggrieved party intending to file
a complaint under this section must first notify the potential
defendant open video system operator that it intends to file a
complaint with the Commission based on actions alleged to violate one
or more of the provisions contained in this part or in Section 653 of
the Communications Act. The notice must be in writing and must be
sufficiently detailed so that its recipient(s) can determine the
specific nature of the potential complaint. The potential complainant
must allow a minimum of ten (10) days for the potential defendant(s) to
respond before filing a complaint with the Commission.
47 CFR 76.1513(d) states that in addition to the requirements of
Sec. 76.7 of this part, an open video system complaint shall contain:
(1) The type of entity that describes complainant (e.g.,
individual, private association, partnership, or corporation), the
address and telephone number of the complainant, and the address and
telephone number of each defendant;
(2) If discrimination in rates, terms, and conditions of carriage
is alleged, documentary evidence shall be submitted such as a
preliminary carriage rate estimate or a programming contract that
demonstrates a differential in price, terms or conditions between
complainant and a competing video programming provider or, if no
programming contract or preliminary carriage rate estimate is submitted
with the complaint, an affidavit signed by an officer of complainant
alleging that a differential in price, terms or conditions exists, a
description of the nature and extent (if known or reasonably estimated
by the complainant) of the differential, together with a statement that
defendant refused to provide any further specific comparative
information;
Note to paragraph (d)(2): Upon request by a complainant, the
preliminary carriage rate estimate shall include a calculation of the
average of the carriage rates paid by the unaffiliated video
programming providers receiving carriage from the open video system
operator, including the information needed for any weighting of the
individual carriage rates that the operator has included in the average
rate.
(3) If a programming contract or a preliminary carriage rate
estimate is submitted with the complaint in support of the alleged
violation, specific references to the relevant provisions therein.
(4) The complaint must be accompanied by appropriate evidence
demonstrating that the required notification pursuant to paragraph (c)
of this section has been made.
47 CFR 76.1513(e)(1) requires that any open video system operator
upon which a complaint is served under this section shall answer within
thirty (30) days of service of the complaint, unless otherwise directed
by the Commission.
[[Page 36393]]
47 CFR 76.1513(e)(2) states that an answer to a discrimination
complaint shall state the reasons for any differential in prices, terms
or conditions between the complainant and its competitor, and shall
specify the particular justification relied upon in support of the
differential. Any documents or contracts submitted pursuant to this
paragraph may be protected as proprietary pursuant to Sec. 76.9 of
this part.
47 CFR 76.1513(f) states that within twenty (20) days after service
of an answer, the complainant may file and serve a reply which shall be
responsive to matters contained in the answer and shall not contain new
matters.
47 CFR 76.1513(g) requires that any complaint filed pursuant to
this subsection must be filed within one year of the date on which one
of the following events occurs:
(1) The open video system operator enters into a contract with the
complainant that the complainant alleges to violate one or more of the
rules contained in this part; or
(2) The open video system operator offers to carry programming for
the complainant pursuant to terms that the complainant alleges to
violate one or more of the rules contained in this part, and such offer
to carry programming is unrelated to any existing contract between the
complainant and the open video system operator; or
(3) The complainant has notified an open video system operator that
it intends to file a complaint with the Commission based on a request
for such operator to carry the complainant's programming on its open
video system that has been denied or unacknowledged, allegedly in
violation of one or more of the rules contained in this part.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-15495- Filed 6-24-8:45 am]
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