[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Notices]
[Pages 31939-31940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15864]



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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collections being Reviewed by the 
Federal Communications Commission; Comments Requested

May 7, 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. An agency 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 valid control 
number. Comments are requested concerning (a) whether the proposed 
collection of

[[Page 31940]]

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 August 20, 
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 Number: 3060-0705.
    Title: Procedures for Filing Petitions for Declaratory Rulings or 
Waivers of Section 25.104--Preemption of Local Zoning Regulation of 
Satellite Earth Stations, Report and Order and Further Notice of 
Proposed Rulemaking.
    Form No.: N/A.
    Type of Review: Revision of existing collection.
    Respondents: Individuals or households; Not-for-profit 
institutions; Business or other for-profit; Small businesses and 
organizations; farms; State, local or Tribal Government.
    Number of Respondents: 60.
    Estimated time per response: 3 hours to prepare petitions for 
Declaratory Rulings and 5 hours per respondent to prepare Petitions for 
Waiver.
    Total Annual Burden: 172 hours.
    Total Annualized Cost per respondent: $450 per respondent filing 
for Declaratory Rulings and $750 per respondent for filing a Petition 
for Waiver. These are the estimated costs if respondents hire an 
attorney to compile the information.
    Needs and Uses: On April 17, 1996, the Commission issued a Public 
Notice, Report No. SPB-41, setting forth procedures to be followed when 
submitting petitions for declaratory ruling or waiver, under Section 
25.104 of the Commission's rules, 47 CFR 25.104, of governmental 
restrictions on the installation of satellite earth stations. Emergency 
OMB approval for this information collection was granted by OMB through 
June 30, 1996 (OMB Approval Number 3060-0705). The Commission is 
seeking comments to maintain the collection and on proposed changes. 
This information collection permits persons to petition the Commission 
to declare nonfederal, governmental zoning regulations to be preempted 
pursuant to Section 25.104 of the Commission's rules, 47 CFR 25.104. It 
further allows nonfederal, governmental entities to petition for a 
waiver of any or all of Section 25.104 in order to permit them to 
enforce noncompliant zoning regulations. See Report and Order in 
Preemption of Local Zoning Regulation of Satellite Earth Stations, 61 
FR 10896 (March 17, 1996). In addition, the Commission has proposed to 
extend the preemption rule to non-governmental restrictions, such as, 
covenants and home owner association rules, satellite earth stations 
less than one meter in diameter. See Further Notice of Proposed 
Rulemaking in Preemption of Local Zoning Regulation of Satellite Earth 
Stations, 61 FR 10710 (March 15, 1996). The Commission is requesting 
OMB approval of this voluntary collection to allow enforcement of 
Section 25.104 of the rules.
    The information collected will be used by the Commission to 
determine, in the cases of Petitions for Declaratory Ruling, whether a 
nonfederal, governmental and zoning regulation is preempted under 
Section 25.104 of the Commission's rules, 47 CFR 25.104; or, in cases 
of Petitions for Waiver, whether preemption under Section 25.104 may be 
waived for a given regulation. The collection is being revised to 
include collections that may be submitted to the Commission for a 
determination of whether a nongovernmental regulation, i.e., a deed 
covenant, is preempted under Section 25.104. The information will be 
submitted voluntarily by all respondents.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-15864 Filed 6-20-96; 8:45 am]
BILLING CODE 6712-01-F