[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10461]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

 

FCC Cable Forms; Information Collection Under OMB Review

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document summarizes revisions made to FCC Forms which 
were developed in order for the Commission and/or local franchising 
authorities to assess whether rates for regulated basic cable services 
and/or regulated cable programming services are reasonable. Due to the 
nature of the comments received to date, the Commission has decided to 
incorporate immediately suggested changes to certain forms as indicated 
below. The Commission is requesting that the expiration date of these 
forms be extended to April 1997. These revised forms are being 
submitted to OMB for expedited review and approval by May 4, 1994.

EFFECTIVE DATE: April 29, 1994.

FOR FURTHER INFORMATION CONTACT:
Elizabeth Beaty at 202-416-0856. For copies of the forms, call 202-416-
0919.

SUPPLEMENTARY INFORMATION: This is a synopsis of the revisions made to 
FCC Forms based on comments received by the Commission. To implement 
rules adopted in MM Docket No. 92-266, MM Docket No. 92-262 and MM 
Docket No. 93-215, the Commission developed the following forms, and 
received initial OMB approval on an emergency basis for 90 days, 
expiring June 29, 1994, 59 FR 15910, April 5, 1994. On April 21, 1994, 
the Commission held a Cable Operator's Seminar before and during which 
comments about these forms were received from parties including CATA, 
NCTA, SCBA, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. and 
Wiley, Rein & Fielding, as well as others. In addition, the 
Commission's staff has identified certain corrections which would be 
beneficial to users of the forms. Due to the range of commenting 
parties, and the nature and substance of the comments received, the 
Commission has chosen, upon approval from OMB, to immediately implement 
these changes in an effort to improve upon the current forms.
    1. FCC Form 1200, Setting Maximum Initial Permitted Rates for 
Regulated Cable Services and Equipment Pursuant to Rules Adopted 
February 22, 1994 (the ``First Time Filers Form''). Note: FCC Form 1200 
was inadvertently assigned the same OMB Control Number as the FCC Form 
393, based on an incorrect assumption that Form 1200 replaces FCC Form 
393. FCC Form 393 will continue to be required to be filed by operators 
to justify pre-May 15, 1994, rates for which there may be refund 
liability. A correction is being requested, in conjunction with the 
request for approval of the revised form, which will assign a new OMB 
Control Number to the Form 1200. FCC Form 393 will retain the OMB 
Control Number of 3060-0571. In addition to the specific changes listed 
below, we are editing some of the instructions to clarify them. Changes 
being made include:
    (1) A box is being added for small operators to place an ``x'' on 
the paper version of the form, on page 15.
    (2) Module B is being modified to permit adjustments for eligible 
external costs if such costs are not already reflected in rates.
    (3) Module C, line C4, instructions, are being changed to read 
``Enter the monthly average number of customer changes in service tiers 
charged to subscribers in your fiscal year 1993.''
    (4) Module E, caption on form, p. 5, and on instructions, is being 
changed to read ``To Be Completed if B19>C10'' rather than C9.
    (5) Module H, title, is being changed to read ``earlier of the date 
of initial regulation or February 28, 1994'' rather than ``and.''
    (6) Module I, line I1--form and instructions are being changed to 
indicate that gross full reduction rate is line H9, not H8.
    OMB Control Number: A new OMB control number has been requested; 
estimated annual burden: 11,200 responses; 20 hours per response; 
224,000 hours total annual burden.
    2. FCC Form 1201, Facsimile Request. This form is not being revised 
and is being submitted to OMB for expedited review and approval to 
extend the current expiration date.
    OMB Control Number: 3060-0597, estimated annual burden: 14,000 
responses; 1 hour per response; 14,000 hours total annual burden.
    3. FCC Form 1205, Determining Costs of Regulated Cable Equipment 
and Installation. Edits to instructions are being made to clarify them 
and to correct grammatical errors. In addition, the gross-up 
calculation is being revised to ensure that negative values are not 
inappropriately entered in accounting for interest deductibility and in 
making adjustments for Non-C corporations when calculating the gross-up 
rate of return.
    OMB Control Number: 3060-0592, estimated annual burden: 16,600 
responses; 20 hours per response; 332,000 hours total annual burden.
    4. FCC Form 1210, Updating Maximum Permitted Rates for Regulated 
Services and Equipment. Edits to instructions are being made to clarify 
them and to correct grammatical errors. The following specific changes 
are being made to the form:
    (1) Instructions, page 2, last bullet, 1st sentence is being 
changed to read: ``If the Commission found your cable programming 
service rates to be unreasonable less than one year ago and you now 
wish to increase your rates, you must submit FCC Form 1210 to the 
Commission for its approval before raising your rates. In addition, if 
a compliant is pending before the Commission, and you raise your cable 
programming service rates while a complaint about those rates is 
pending, you must submit FCC form 1210, for notice purposes only.''
    (2) module A, line A2 on instructions is being changed to read 
``enter the full reduction rates from line J6 of your Form 1200'' 
rather than line J7.
    (3) Module B is being changed to properly adjust for the 7.5% 
margin in programming costs and retransmission consent fees. A 
programming cost adjustment will be added as a one-time-only adjustment 
in calculating the 7.5% margin on new programming costs. This 
adjustment is made the first time a Form 1210 is filed. The 
retransmission consent adjustment will also be made as a one-time-only 
adjustment in calculating the 7.5% gross-up adjustment. This adjustment 
is made the first time a Form 1210 is filed after retransmission 
consent fees are allowed as an external cost (they can be claimed as an 
external cost after October 6, 1994).
    (4) Line E5--where there is no inflation, the filer should enter 
``1'' rather than ``0''. In addition, the instructions will clarify the 
calculation for inflation adjustments.
    OMB Control Number: 3060-0595, estimated annual burden: 33,600 
responses; 10 hours per response; 336,000 hours total annual burden.
    5. FCC Form 1215, A La Carte Channel Offerings. Edits to 
instructions are being made to clarify that Form 1215 is a set of 
instructions for collective information. There is no ``form'' for the 
operator to fill out. The operator should follow the instructions on 
Form 1215, and provide the requested information on an attached sheet 
or sheets with each Form 1200 and each Form 1210 which is filed. No 
other changes are being made.
    Control Number: 3060-0593, estimated annual burden: 44,800 
responses; 1 hour per response; 44,800 hours total annual burden.
    6. FCC Form 1220, Cost of Service Schedule. The following changes 
are being made upon staff recommendation:
    (1) Clarifying language is being added to the instructions for part 
I (Revenue Requirement Computation), Line 3.h to indicate that if a 
negative result in the tax gross-up is calculated, the value should be 
set to zero. The interest expense should not result in a negative tax 
liability and cause the return on investment to be reduced.
    (2) In Worksheet A, the titles for columns (c) and (d) were 
inadvertently reversed. The title for column (c) should be 
``Uncategorized Allocations from Higher Organizational Levels (Uncat. 
Allo.) and the title for column (d) should be ``Adjusted Balance'' 
(Adj. Bal.).
    OMB Control Number: 3060-0594, estimated annual burden: 2,100 
responses; 80 hours per response; 168,000 hours total annual burden.
    7. FCC Form 1225, Cost of Service Schedule For Small Systems. This 
form is not being revised and is being sent to OMB for expedited review 
and approval to extend the current expiration date.
    OMB Control Number; 3060-0596, estimated annual burden: 700 
responses; 60 hours per response; 42,000 hours total annual burden.
    8. Note: The Commission is seeking expedited review and approval by 
the Office of Management and Budget of the information collections 
associated with this notice by May 4, 1994. A copy of this Notice will 
be available for public inspection and copying at the Office of the 
Federal Register. Copies of these OMB submissions may be purchased from 
international Transcription Service, Inc., 2100 M Street, NW, Suite 
140, Washington, DC 20037 (202) 857-3800. Comments on these information 
collections are encouraged and will be accepted until May 4, 1994. 
Persons wishing to comment on these information collections should 
contact Timothy Fain, Office of Management and Budget, room 3221 NEOB, 
Washington, DC 20503 or by calling (202) 395-7231. Printed copies of 
these forms may be obtained by calling (202) 416-0919, or by writing to 
Federal Communication Commission, Cable request Form (Specify form 
number), P.O. Box 18238, Washington, DC 20036. They will also be 
available in room 207, 2033 M Street NW, Washington, DC.

List of Subjects in 47 CFR Part 76

    Cable television.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-10461 Filed 4-29-94; 8:45 am]
BILLING CODE 6712-01-M