[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Notices]
[Pages 44258-44259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22160]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) submitted to OMB for 
Review and Approval

August 10, 1998.

SUMMARY: The Federal Communications Commission, 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(s), 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, 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 information techniques or other forms of information 
technology.

DATES: Written comments should be submitted on or before September 17, 
1998. 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.

ADDRESSES: Direct all comments to Les Smith, 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 Les Smith at 202-418-0217 or via 
internet at [email protected].

SUPPLEMENTARY INFORMATION:
OMB Approval Number: 3060-0287.
    Title: Section 78.69 Cable Relay Station Records.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents: 1,800.
    Estimated Time Per Response: 26 hours.
    Frequency of Response: Mandatory recordkeeping requirement.
    Total Annual Burden: 46,800 hours.
    Cost to Respondents: $9,000 (Photocopying and stationery costs).
    Needs and Uses:  Section 78.69 requires that licensees of cable 
CARS stations maintain various records, including but not limited to 
records pertaining to transmissions, unscheduled interruptions to 
transmissions, maintenance, observations, inspections and repairs. 
Station records are required to be maintained for a period of not less 
than two years. The records kept pursuant to Sec. 78.69 provide for a 
history of station operations and are reviewed by Commission staff 
during field investigations to ensure that proper operation of the 
stations is being conducted.

OMB Approval Number: 3060-0419.
    Title: Sections 76.94, 76.95, 76.155, 76.156, 76.157 and 76.159 
Syndicated Exclusivity and Network Non-Duplication Rights.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents: 5,392 (1,141 commercial television stations 
+ 4,251 cable television stations).
    Estimated Time Per Response: 0.5 - 2.0 hours.
    Frequency of Response: Mandatory; On occasion reporting 
requirement; Third party disclosure.
    Total Annual Burden: 178,640 hours.
    Cost to Respondents: $192,132 (Notification and disclosure 
requirements).
    Needs and Uses: Sections 76.94(a) and 76.155(a) require television 
stations and program distributors to notify cable television system 
operators of non-duplication protection and exclusivity rights being 
sought. The notification shall include (1) the name and address of the 
party requesting non-duplication protection/exclusivity rights and the 
television broadcast station holding the non-duplication right; (2) the 
name of the program or series for which protection is sought; and (3) 
the dates on which protection is to begin and end.
    Section 76.94(b) requires broadcasters entering into contracts 
providing for network non-duplication protection to notify cable 
systems within 60 days of the signing of such a contract. If they are 
unable to provide notices as provided for in Sec. 74.94(a), they must 
provide modified notices that contain the name of the network which has 
extended non-duplication protection, the time periods by time of day 
and by network for each day of the week that the broadcaster will be 
broadcasting programs from that network, and the duration and extent of 
the protection.
    Section 76.94(d) requires broadcasters to provide the following 
information to cable television systems under the following 
circumstances: (1) In the event the protection specified in the notices 
described in paragraphs (a) or (b) of this section has been limited or 
ended prior to the time specified in the notice, or in the event a time 
period, as identified to the cable system in a notice pursuant to 
paragraph (b) of this section, for which a broadcaster has obtained 
protection is shifted to another time of day or another day (but not 
expanded), the broadcaster shall, as soon as possible, inform each 
cable television system operator that has previously received the 
notice of all changes from the original notice. Notice to be furnished 
``as soon as possible'' under this section shall be furnished by 
telephone, telegraph, facsimile, overnight mail or other similar 
expedient means. (2) In the event the protection specified in the 
modified notices described in paragraph (b) of this section has been 
expanded, the broadcaster shall, at least 60 calendar days prior to 
broadcast of a protected program entitled to such expanded protection, 
notify each cable system operator that has previously received notice 
of all changes from the original notice.
    Section 76.155(d) requires that in the event the exclusivity 
specified in paragraph (a) of this section has been

[[Page 44259]]

limited or has ended prior to the time specified in the notice, the 
distributor or broadcaster who has supplied the original notice shall, 
as soon as possible, inform each cable television system operator that 
has previously received the notice of all changes from the original 
notice. In the event the original notice specified contingent dates on 
which exclusivity is to begin and/or end, the distributor or 
broadcaster shall, as soon as possible, notify the cable television 
system operator of the occurrence of the relevant contingency. Notice 
to be furnished ``as soon as possible'' under this section shall be 
furnished by telephone, telegraph, facsimile, overnight mail or other 
similar expedient means.
    Sections 76.94(e)(2) and 76.155(c)(2) states that if a cable 
television system asks a television station for information about its 
program schedule, the television station shall answer the request.
    Sections 76.94(f) and 76.157 require a distributor or broadcaster 
exercising exclusivity to provide to the cable system, upon request, an 
exact copy of those portions of the contracts, such portions to be 
signed by both the network and the broadcaster, setting forth in full 
the provisions pertinent to the duration, nature, and extent of the 
non-duplication terms concerning broadcast signal exhibition to which 
the parties have agreed. Providing copies of relevant portions of the 
contracts is assumed to be accomplished in the notification process set 
forth in Secs. 76.94 and 76.155.
    Section 76.159 (requirements for invocation of protection) requires 
broadcasters to obtain amended contracts when existing contracts have 
ambiguous language. We assume all broadcasters that have enforceable 
syndicated rights in their contracts have by now amended their existing 
contracts. Any contracts entered into after August 18, 1988, would 
contain the required language set forth in this section.
    Section 76.95(a) states that network non-duplication provisions of 
Secs. 76.92 through 76.94 shall not apply to cable systems serving 
fewer than 1,000 subscribers. Within 60 days following the provision of 
service to 1,000 subscribers, the operator of each system shall file a 
notice to that effect with the Commission, and serve a copy of that 
notice on every television station that would be entitled to exercise 
network non-duplication protection against it.
    Section 76.156(b) states that the provisions of Secs. 76.151 
through 76.155 shall not apply to a cable system serving fewer than 
1,000 subscribers. Within 60 days following the provision of service to 
1,000 subscribers, the operator of each such system shall file a notice 
to that effect with the Commission, and serve a copy of that notice on 
every television station that would be entitled to exercise syndicated 
exclusivity protection against it.
    The purpose of the various notification and disclosure requirements 
accounted for in this collection is to protect broadcasters who 
purchase the exclusive rights to transmit syndicated programming in 
their recognized market areas. The Commission's syndicated exclusivity 
rules permit, but not require, broadcasters and program distributors to 
obtain the same enforceable exclusive distribution rights for 
syndicated programming that all other video programming distributors 
possess.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 98-22160 Filed 8-17-98; 8:45 am]
BILLING CODE 6712-01-F