[Federal Register Volume 59, Number 112 (Monday, June 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14216]


[[Page Unknown]]

[Federal Register: June 13, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

 

Public Information Collection Requirements Submitted to Office of 
Management and Budget for Review

June 6, 1994.
    The Federal Communications Commission has submitted the following 
information collection requirements to OMB for review and clearance 
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3507).
    Copies of these submissions may be purchased from the Commission's 
copy contractor, International Transcription Service, Inc., 2100 M 
Street, NW., suite 140, Washington, DC 20037, (202) 857-3800. For 
further information on these submissions contact Judy Boley, Federal 
Communications Commission, (202) 632-0276. Persons wishing to comment 
on these information collections should contact Timothy Fain, Office of 
Management and Budget, room 3221 NEOB, Washington, DC 20503, (202) 395-
3561.

    Note: The Commission has requested expedited review of these 
items by June 29, 1994, under the provisions of 5 CFR 1320.18.

    OMB Number: 3060-0563.
    Title: Section 76.915, Change in status of cable operator.
    Action: Extension of currently approved collection.
    Respondents: State or local governments, and businesses or other 
for-profit (including small businesses).
    Frequency of Response: On occasion reporting requirement.
    Estimated Annual Burden: 465 responses; 2.39 hours average burden 
per response; 1,111 hours total annual burden.
    Needs and Uses: Section 76.915 is used to determine whether or not 
a cable television system is subject to effective competition and 
therefore, not subject to rate regulation under the 1992 Cable Act. If 
the collection of information was not conducted under Secs. 76.915(b) 
and (d), the potential for franchise authority error in determining the 
presence of effective competition would be unchecked and could lead to 
deregulation of cable rates for systems not subject to effective 
competition in contravention of the 1992 Cable Act. Franchising 
authority decisions on petitions for change in status must be made 
within 30 days after the pleading cycle set for in Sec. 76.915(a) 
closes. Franchising authorities must notify the Commission within ten 
(10) days of any decision changing status. Unless the Commission 
receives an opposition to such changes in status, the decision will 
become final 30 days after adoption by the franchising authority.

    OMB Number: 3060-0564.
    Title: Section 76.924, Cost accounting and cost allocation 
requirements.
    Action: Revision of a currently approved collection.
    Respondents: Businesses or other for-profit (including small 
businesses).
    Frequency of Response: Recordkeeping requirement.
    Estimated Annual Burden: 30,070 recordkeepers; 80 hours average 
burden per recordkeeper; 2,405,600 hours total annual burden.
    Needs and Uses: The requirements of this section are applicable to 
cable operators for which the basic service tier is regulated by local 
franchising authorities or the Commission, or, with respect to a cable 
programming services tier, for which a complaint has been filed with 
the Commission. The requirements of this section are applicable for 
purposes of rate adjustments on account of external costs and for cost-
of-service showings. Cable operators shall maintain their accounts in 
accordance with generally accepted accounting principles, except as 
otherwise directed by the Commission. Cable operators shall maintain 
accounts in a manner that will enable identification of appropriate 
costs and application of the Commission's cost assignment and 
allocation procedures, to cost categories necessary for rate 
adjustments due to changes in external costs and for cost-of-service 
showings. Such categories shall be sufficiently detailed and supported 
to permit verification and audit against the company's accounting 
records. The Commission determined that it will include a Second 
Further Notice of Proposed Rulemaking issues pertaining to what cost 
accounting and cost allocation requirements it should adopt on a 
permanent basis.

    OMB Number: 3060-0565.
    Title: Section 76.944, Commission review of franchising authority 
decisions on rates for the basic service tier and associated equipment.
    Action: Extension of a currently approved collection.
    Respondents: State or local governments, business or other for-
profit (including small businesses).
    Frequency of Response: On occasion reporting requirement.
    Estimated Annual Burden: 2,000 responses; 40 hours average burden 
per response; 80,000 hours total annual burden.
    Needs and Uses: Section 76.944 ensures that any participant at the 
franchising authority level in a ratemaking proceeding may file an 
appeal of the franchising authority's decision with the Commission 
within 30 days of release of the text of the franchising authority's 
decision. Oppositions may be filed within 15 days after the appeal is 
filed, and must be served on the party(ies) appealing the rate 
decision. Replies may be filed 7 days after the last day for 
oppositions and shall be served on the party(ies) to the proceeding. 
Commission review of appeals is necessary to ensure uniformity of 
interpretation of these federal guidelines. Otherwise, rulings by state 
or local courts in different parts of the country could produce varying 
and conflicting determinations about Section 623 and the Commission's 
Rules which could frustrate the purpose of having federal guidelines.

    OMB Number: 3060-0569.
    Title: Section 76.975, Commercial leased access dispute resolution.
    Action: Extension of a currently approved collection.
    Respondents: Individuals or households, businesses or other for-
profit (including small businesses).
    Frequency of Responses: On occasion reporting requirement.
    Estimated Annual Burden: 500 responses; 8 hours average burden per 
response; 4,000 hours total annual burden.
    Needs and Uses: Section 76.975 provides that (1) any person 
aggrieved by the failure or refusal of a cable operator to make 
commercial channel capacity available or to charge rates for such 
capacity may file a petition for relief with the Commission; (2) this 
petition must state concisely the facts constituting a violation of the 
FCC's leased access rules and the specific rule or regulation violated, 
and certify that the petition for relief was served on the cable 
operator; and (3) any petition for relief must be filed within 60 days 
of the alleged violation. A cable operator would then have 30 days from 
the date of filing the petition in which to respond. These requirements 
are designed to assure that the leased access option brings about the 
intended diversity of programming and competition in programming 
delivery. The information will be reviewed by FCC staff to resolved 
access disputes. These expedited leased access procedures may obviate 
the need for oral rulings or other emergency processing of leased 
access disputes.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-14216 Filed 6-10-94; 8:45 am]
BILLING CODE 6712-01-M