[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Pages 10029-10030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3958]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
February 15, 2011.
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 on 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 April 25, 2011. 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 the Federal Communications
Commission via e-mail to [email protected] and [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Cathy Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0419.
Title: Sections 76.94, Notification; 76.95, Exceptions; 76.105,
Notification; 76.106, Exceptions; 76.107, Exclusivity contracts; and
76.1609, Non duplication and Syndicated Exclusivity.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 5,555 respondents; 199,304
responses.
Estimated Time per Response: 0.5-2.0 hours.
Frequency of Response: On occasion reporting requirement; One time
reporting requirement; Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Section 4(i) of the Communications Act of 1934, as amended.
Total Annual Burden: 183,856.
Total Annual Cost: None.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: 47 CFR 76.94(a) and 76.105(a) require television
stations and program distributors to notify cable television system
operators of non-duplication protection and exclusivity rights being
sought. The notification shall include (1) The name and address of the
party requesting non-duplication protection/exclusivity rights and the
television broadcast station holding the non-duplication right; (2) the
name of the program or series for which protection is sought; and (3)
the dates on which protection is to begin and end.
47 CFR 76.94(b) requires broadcasters entering into contracts
providing for network non-duplication protection to notify cable
systems within 60 days of the signing of such a contract. If they are
unable to provide notices as provided for in Section 74.94(a), they
must provide modified notices that contain the name of the network
which has extended non-duplication protection, the time periods by time
of day and by network for each day of the week that the broadcaster
will be broadcasting programs from that network, and the duration and
extent of the protection.
47 CFR 76.94(d) requires broadcasters to provide the following
information to cable television systems under the following
circumstances: (1) In the event the protection specified in the notices
described in 47 CFR 76.94(a) or (b) has been limited or ended prior to
the time specified in the notice, or in the event a time period, as
identified to the cable system in a notice pursuant to Section 76.94(b)
for which a broadcaster has obtained protection is shifted to another
time of day or another day (but not expanded), the broadcaster shall,
as soon as possible, inform each cable television system operator that
has previously received the notice of all changes from the original
notice. Notice to be furnished ``as soon as possible'' under this
subsection shall be furnished by telephone, telegraph, facsimile,
overnight mail or other similar expedient means. (2) In the event the
protection specified in the modified notices described in Section
76.94(b) has been expanded, the broadcaster shall, at least 60 calendar
days prior to broadcast of a protected program entitled to such
expanded protection, notify each cable system operator that has
previously received notice of all changes from the original notice.
47 CFR 76.94(e)(2) and 76.105(c)(2) state that if a cable
television system asks a television station for information about its
program schedule, the television station shall answer the request.
47 CFR 76.94(f) and 76.107 require a distributor or broadcaster
exercising exclusivity to provide to the cable system, upon request, an
exact copy of those portions of the contracts, such portions to be
signed by both the network and the broadcaster, setting forth in full
the provisions pertinent to the duration, nature, and extent of the
non-duplication terms concerning broadcast signal exhibition to which
the parties have agreed. Providing copies of relevant portions of the
contracts is assumed to be accomplished in the notification process set
forth in Sections 76.94 and 76.105.
47 CFR 76.95 states that the provisions of Sections 76.92 through
76.94 (including the notification provisions of Section 76.94) shall
not apply to a cable system serving fewer than 1,000 subscribers.
Within 60 days following the provision of service to 1,000 subscribers,
the operator of each such system shall file a notice to that effect
with the Commission, and serve a copy of that notice on every
television station that would be entitled to exercise network non-
duplication protection against it.
47 CFR 76.105(d) requires that in the event the exclusivity
specified in Section 76.94(a) has been limited or has ended prior to
the time specified in the notice, the distributor or broadcaster who
has supplied the original notice shall, as soon as possible, inform
each cable television system operator that has previously received the
notice of all changes from the original notice. In the event the
original notice specified contingent dates on which exclusivity is to
begin and/or end, the distributor or broadcaster shall, as soon as
possible, notify the cable television system
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operator of the occurrence of the relevant contingency. Notice to be
furnished ``as soon as possible'' under this subsection shall be
furnished by telephone, telegraph, facsimile, overnight mail or other
similar expedient means.
47 CFR 76.106(b) states that the provisions of Sections 76.101
through 76.105 (including the notification provisions of Section
76.105) shall not apply to a cable system serving fewer than 1,000
subscribers. Within 60 days following the provision of service to 1,000
subscribers, the operator of each such system shall file a notice to
effect with the Commission, and serve a copy of that notice on every
television station that would be entitled to exercise syndicated
exclusivity protection against it.
47 CFR 76.1609 states that network non-duplication provisions of
Sections 76.92 through 76.94 shall not apply to cable systems serving
fewer than 1,000 subscribers. Within 60 days following the provision of
service to 1,000 subscribers, the operator of each system shall file a
notice to that effect with the Commission, and serve a copy of that
notice on every television station that would be entitled to exercise
network non-duplication or syndicated exclusivity protection against
it.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-3958 Filed 2-22-11; 8:45 am]
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