[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Notices]
[Pages 12638-12640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6551]


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FEDERAL COMMUNICATIONS COMMISSION


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

March 10, 1997.

SUMMARY: The Federal Communications Commissions, 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 information collection, 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 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 Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarify 
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: Persons wishing to comment on this information collection should 
submit comments May 16, 1997.

ADDRESSES: Direct all comments to Dorothy Conway, Federal 
Communications Commissions, 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: 3060-0565.
    Title: Section 76.944 Commission review of franchising authority 
decisions on rates for the basic service tier and associated equipment.
    Type of Review: Extension of existing collection.
    Respondents: Business or other for-profit; state and local 
governments.
    Number of Respondents: 300. (150 cable operators + 150 LFAs).
    Estimated Time Per Response: 2-30 hours.
    Total Annual Burden: 5,400 hours estimated as follows: We estimate 
that approximately 150 appeals are filed annually. For all aspects of 
the filing process (including appeals, oppositions and replies), we 
estimate that cable operators spend an average of 30 hours on each 
filing and that local franchising authorities spend an average of 20 
hours on each filing.
    We estimate that cable operators will use in-house legal staff to 
file requests for appeals approximately 50% of the time, therefore 
using outside legal assistance 50% of the time. When using outside 
legal assistance, operators are estimated to undergo a burden of 2 
hours per filing to coordinate information with the outside legal 
assistance. 75 cable operators x 30 hours for in-house filings = 2,250. 
75 cable operators x 2 hours for filings done by outside legal 
assistance = 150. 150 LFAs x 20 hours for each filing = 3,000. Total 
burden = 2,250 + 150 + 3,000 = 5,400 hours.
    Cost to Respondents: We estimate the postage and stationery costs 
incurred by parties for appeal case to be $10 per party ($20 per case). 
150 x $20 = $3,000. We estimate that cable operators

[[Page 12639]]

contracting out legal assistance will pay $150 per hour for the 
assistance. 75 cable operators paying outside legal assistance at $150 
per hour at 30 hours per filing = $337,500. Total annual costs to 
respondents = $3,000 + $337,500 = $340,500.
    Needs and Uses: Section 76.944 provides 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. The information is reviewed by the Commission to ensure that 
franchising authority decisions regarding cable rates are consistent 
with the provisions of the Cable Television Consumer Protection and 
Competition Act of 1992 and the Commission's rules regarding cable rate 
regulation. Commission review of appeals is necessary to ensure 
uniformity of interpretation of these federal guidelines.
OMB Approval Number: 3060-0569.
    Title: Section 76.975 Commercial leased access dispute resolution.
    Type of Review: Revision to an existing collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 90.
    Estimated Time Per Response: 2-10 hours.
    Total Annual Burden: 480 hours estimated as follows: Section 76.975 
requires that persons alleging that a cable operator's leased access 
rate is unreasonable must receive a determination of the cable 
operator's maximum permitted rate from an independent accountant prior 
to filing a petition for relief with the Commission. We estimate that 
cable operators will undergo an average burden of 4 hours to arrange 
for an independent accountant review and coordinate rate information 
with the selected accountant. This average burden accounts for those 
instances where parties that cannot agree on a mutually acceptable 
accountant must each select an independent accountant who in turn 
selects a third independent accountant. We estimate a need for 30 
accountant leased access rate reviews per year. 30 x 4 hours = 120 
hours. We estimate that approximately 30 petitions for relief under 
76.975 are filed annually with the Commission. Each petition filed also 
will most likely result in a response being filed by the defendant 
party. Each petition and response is estimated to have an average 
burden of 10 hours to complete. Approximately 50% of petitions and 
responses will be handled by in-house legal staff, while the other 50% 
will be handled by outside legal assistance. In this instance, 
respondents will undergo a burden of approximately 2 hours to 
coordinate information with the outside legal assistance.
    15 petitions drafted by in-house legal staff x 10 hours = 150 
hours.
    15 petitions coordinated with outside legal assistance x 2 hours = 
30 hours.
    15 responses drafted by in-house legal staff x 10 hours = 150 
hours.
    15 responses coordinated with outside legal assistance x 2 hours = 
30 hours.
    Total Burden to Respondents = 480 hours: 120 + 150 + 30 + 150 + 30.
    Annual Cost to Respondents: $69,300 estimated as follows: Leased 
access dispute petitioners and respondents are estimated to encounter 
photocopying and postage expenses of $5 per case. 30 petitioners and 30 
respondents x $5 per case = $300. The cost for each accountant review 
of leased access rates is estimated at 30 reviews x 8 hours per review 
x $100 per hour = $24,000. 50% of petitioners and respondents will use 
outside legal assistance paid at $150 per hour to file leased access 
disputes. 15 petitioners + 15 respondents x 10 hours each x $150 per 
hour = $45,000. Total annual costs = $300 + $24,000 + $45,000 = 
$69,300.
    Needs and Uses: Section 76.975 permits 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 in accordance 
with the provisions of Title VI of the Communications Act of 1934 may 
file a petition for relief with the Commission. The Commission has 
established final leased commercial access rules in the Second Report 
and Order and Second Order on Reconsideration, CS Docket No. 96-60, FCC 
97-27, released February 4, 1997. Among other things, this rulemaking 
amended Section 76.975, thereby modifying the information collections 
requirements associated with the rulesection. We account for all 
paperwork burdens associated with Section 76.975 under this OMB control 
number. The information will be used by leased access programmers and 
will be reviewed by the Commission to resolve leased access disputes.
OMB Approval No.: 3060-0512.
    Title: The ARMIS Annual Summary Report (formerly titled,``The ARMIS 
Quarterly Report'').
    Form No.: FCC Report 43-01.
    Type of Review: Extension of an existing collection.
    Respondents: Businesses or other for profit entities.
    Number of Respondents: 150 respondents.
    Estimate Hour Per Response: 200 hours per response.
    Total Annual burden: 30,000 total annual burden hours.
    Needs and Uses: ARMIS was implemented to facilitate the timely and 
efficient analysis of revenue requirements and rate of return, to 
provide an improved basis for audits and other oversight functions, and 
to enhance the Commission's ability to quantify the effects of 
alternative policy. The ARMIS Annual Summary Report contains financial 
and operating data and is used to monitor the local exchange carrier 
industry and to perform routine analyses of costs and revenues on 
behalf of the Commission. It is one of ten reports.
OMB Approval No.: None.
    Title:  The ARMIS Customer Satisfaction Report (formerly titled 
``The ARMIS semi-Annual Service Quality Report'').
    Form No.: FCC Report 43-06.
    Type of Review: Extension of an existing collection.
    Respondents: Businesses or other for profit entities.
    Number of Respondents: 8 respondents.
    Estimate Hour Per Response: 900 hours per response.
    Total Annual Burden: 7200 hours.
    Needs and Uses: The Customer Satisfaction Report, formerly the 
Semi-Annual Quality Report, is based on telephone surveys indicating a 
percentage of satisfied customers, and is collected by the carriers 
from residential and businesses customers.
OMB Approval No.: 3060-0496.
    Title: The ARMIS Operating Data Report.
    Form No.: FCC Report 43-08.
    Type of Review: Extension of an existing collection.
    Respondents: Businesses or other for profit entities.
    Number of Respondents: 50 respondents.
    Estimate Hour Per Response: 160 hours per response.
    Total Annual Burden: 8000 hours.
    Needs and Uses: The ARMIS Operating Data Report consists of 
statistical schedules previously contained in FCC Form M which are 
needed by the Commission to monitor network growth, usage, and 
reliability.
OMB Approval Number: 3060-0040.
    Title: Application for Aircraft Radio Station License
    Form No.: FCC 404/404A.
    Type of Review: Revision of a currently approved collection.

[[Page 12640]]

    Respondents: Individuals;State or Local Governments; Businesses or 
other for-profit; non-profit institutions.
    Number of Respondents: 1,350.
    Estimated Time Per Response: 20 minutes (.33).
    Total Annual Burden: 445.5 hours.
    Needs and Uses: FCC Rules require that applicants file FCC 404 for 
a new station license, renewal, or modification of an existing license. 
An applicant filing for a new station license may operate the aircraft 
radio station pending issuance of a station license for a period of 90 
days under a temporary operating authority evidenced by a properly 
executed certification on FCC 404A. FCC staff will use the data to 
determine eligibility for a radio station authorization. The data 
collected is also used by compliance personnel in conjunction with 
field engineers for enforcement and interference resolution purposes.
    There has been a significant decrease in the number of respondents 
as a result of Report and Order, WT Docket No. 96-82 adopted October 
18, 1996 and released October 25, 1996, which eliminated the individual 
radio licensing requirements for aircraft stations that operate 
domestically and are not required by statute or treaty to carry a 
radio.The form has been modified to add a space for the applicant to 
provide an Internet address. This will provide an additional option of 
reaching the applicant should the FCC have any questions concerning the 
application. A space has been added to collect the Taxpayer 
Identification Number as required in order for the Commission to comply 
with the Debt Collection Improvement Act of 1996. This information will 
be redacted from public view. The drug certification has been 
incorporated into the certification text prior to applicant signature 
and the requirement to check a ``yes/no'' block eliminated. An 
additional question has been added to clarify whether the aircraft will 
make international flights.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-6551 Filed 3-14-97; 8:45 am]
BILLING CODE 6712-01-F