[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] ======================================================================= ----------------------------------------------------------------------- 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