[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6835-6837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3914]



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[[Page 6836]]


FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collections Being Reviewed by the 
Federal Communications Commission

February 14, 1996.

SUMMARY: The Federal Communications, 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 proposed 
and/or continuing information collections, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. 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 Commissions burden estimates; (c) ways 
to enhance the quality, utility, and clarity of the information 
collected and (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.

DATES: Written comments should be submitted on or before April 22, 
1996. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESS: Direct all comments to Dorothy Conway, Federal Communications, 
Room 234, 1919 M St., NW., Washington, DC 20554 or via internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Dorothy Conway at 202-418-0217 
or via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval No.: 3060-0552.
    Title: Section 76.1003 Adjudicatory proceedings.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 30 complainant's file preliminary notices 
with potential defendants. Though these actions only result in 
approximately 15 actual complaint proceedings each year, to account for 
total respondents for this information collection requirement that are 
30 complainants and 30 defendants; totalling 60 annual respondents.
    Estimated Time Per Response: Preliminary notice has an average 
burden of 8 hours (30 X 8). Each defendants response has an average 
burden of 8 hours (30 X 8). Each complainants program access complaint 
and defendants response to this complaint has an average burden of 15 
hours (30 X 15). Each complainant's reply to the defendant's answer to 
a program access complaint has an average burden of 5 hours (15 X 5).
    Total Annual Burden: (30 X 8) + (30 X 8) + (30 X 15) + (15 X 5) = 
1,005 annual burden hours.
    Needs and Uses: Section 19 of the Cable Television Consumer 
Protection and Competition Act of 1992 (1992 Cable Act) added new 
Section 628 to the Communications Act of 1934 (the Act). Section 628 of 
the Act prescribes a cable operator, a satellite cable programming 
vendor in which a cable operator has an attributable interest, or a 
satellite broadcast programming vendor from engaging in unfair 
practices and directs the Commission to, among other things, prescribe 
regulations to provide for a review of complaints made under this 
section. Accordingly, the Commission adopted a Report and Order on 
April 1, 1993, in MM Docket No. 92-265, which added Section 76.1003 to 
its rules.
    Section 76.1003 provides that any aggrieved multichannel video 
programming distributor intending to file a program access complaint 
must first notify the potential defendant cable operator, and/or the 
potential defendant satellite cable programming vendor or satellite 
broadcast programming vendor, that it intends to file such a complaint 
with the Commission. If the parties cannot resolve the dispute, the 
complainant may then initiate a program access complaint proceeding 
with the Commission. Section 76.1003(b) stipulates that program access 
complaint proceedings are generally to be resolved on a written record 
consisting of a complaint, a defendant's answer to the complaint, and 
the complainant's reply to the defendant's answer.
    The information will be used by Commission staff to resolve 
disputes alleging unfair methods of competition and deceptive practices 
by a cable operator, a satellite cable programming vendor in which a 
cable operator has an attributable interest, or a satellite broadcast 
programming vendor where the purpose or effect of which is to hinder 
significantly or to prevent any multichannel video programming 
distributor from providing satellite cable programming or satellite 
broadcast programming to subscribers or consumers.

OMB Approval Number: 3060-0571.
    Title: Determination of Maximum Permitted Rates for Regulated Cable 
Programming Services and Equipment.
    Form No.: FCC Form 393.
    Type of Review: Extension of expiration date of a currently 
approved information collection.
    Respondents: Business or other for profit; state, local or tribal 
governments.
    Number of Respondents: The Commission estimates that 300 FCC Form 
393s are filed annually with the Commission and local franchising 
authorities.
    Estimated Time Per Response: 40 hours per response.
    Total Annual Burden: 12,000 hours annually.
    Needs and Uses: On 4/1/93, the Commission adopted a Report and 
Order, FCC 93-177, MM Docket No. 92-266, implementing Section 623 of 
the Cable Act, thus ensuring that cable subscribers nationwide enjoy 
the rates that would be charged by cable systems operating in a 
competitive environment. The FCC Form 393 was then developed for cable 
operators to use to justify the reasonableness of rates for service and 
equipment in effect prior to May 15, 1994. The cable operators use the 
FCC Form 393 to submit their basic rate schedule to local franchising 
authorities or the Commission (in situations where the Commission has 
assumed jurisdiction. Cable operators also file the FCC Form 393 when 
responding to a complaint filed with the Commission about cable 
programming service rates and associated equipment.

OMB Approval Number: 3060-0551.
    Title: 47 CFR 76.1002 Specific unfair practices prohibited.
    Type of Review: Extension of expiration date of a currently 
approved information collection.
    Respondents: Business or other for-profit.
    Number of Respondents: The Commission receives approximately 20 
petitions for exclusivity, annually. Approximately 15 competing 
multichannel video programming distributors affected by proposed 
petitions for exclusivity will in turn file opposition to the 
petitions. Therefore, there are 35 total annual respondents.
    Estimated Time Per Response: Each of the estimated 20 petitions for 
exclusivity has an average burden of 25 hours. Each of the estimated 15 
opposition to petitions for exclusivity has an average burden of 25 
hours. Each of the estimated 15 responses to the opposition has an 
average burden 15 hours.
    Total Annual Burden: (20 x 25) + (15 x 25) + (15 x 15) = 825 burden 
hours.

[[Page 6837]]

    Needs and Uses: Section 19 of the Cable Television Consumer 
Protection and Competition Act of 1992 (1992 Cable Act) added new 
Section 628 to the Communications Act of 1934 (the Act). Section 628 of 
the Act directs the Commission to prescribe rules to prohibit exclusive 
contracts between cable operators and vertically integrated satellite 
cable and broadcast programming vendors, that prevent a multichannel 
video programming distributor from obtaining satellite cable or 
satellite broadcast programming for distribution to persons in areas 
served by a cable operator unless the Commission determines that the 
exclusive contract is in the public interest pursuant to Section 
628(c)(4) of the Act. Pursuant to the legislative mandate of Section 19 
of the Cable Act (Section 628(c)(2)(D) of the Act), the Commission 
adopted a Report and Order on April 1, 1993, in MM Docket No. 92-265, 
which, among other things, added new Section 76.1002(c)(5) to the 
Commission's rules requiring any vertically integrated programmer or 
any cable operator seeking to execute an exclusive contract, to seek 
and obtain the Commission's public interest judgement before doing so 
by filing a ``petition for exclusivity.'' The information will be used 
by Commission staff to determine on a case-by-case basis whether 
particular exclusive contracts for cable television programming comply 
with the statutory public interest standard of Section 19 of the 1992 
Cable Act and Section 628(c)(2)(D) of the Act.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-3914 Filed 2-21-96; 8:45 am]
BILLING CODE 6712-01-F