[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Notices]
[Pages 44861-44862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22513]


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FEDERAL COMMUNICATIONS COMMISSION


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

August 12, 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, Pub. L. 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 21, 
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: 3060-0547.
    Title: Section 76.61 Disputes concerning carriage and Section 76.7 
Special relief and must-carry procedures.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents: 600 (includes petitioning and opposing 
parties for Sections 76.61 and 76.7).
    Estimated Time Per Response: 5 to 40 hours.
    Frequency of Response: On Occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 18,000 hours.
    Cost to Respondents: $198,000.
    Needs and Uses: This information collection accounts for the 
paperwork burden associated with disputes concerning carriage contained 
in Section 76.61 as well as must-carry complaints and other petitions 
for special relief contained in Section 76.7.
    Section 76.61 states that whenever a local commercial television or 
qualified low power television station believes that a cable operator 
has failed to meet its carriage or channel positioning obligations, 
such station shall notify the cable operator, in writing, of the 
alleged failure and identify its reasons for believing that the cable 
operator is obligated to carry the signal of such station or position 
such signal on a particular channel. The cable operator then must 
respond in writing within 30 days to the notification and either 
commence to carry the station or state its reasons for believing it is 
not obligated to carry such signal. The television or low power 
television station may then file a ``must-carry'' complaint in 
accordance with procedures set forth in Section 76.7. Qualified local 
noncommercial educational television stations may also file ``must-
carry'' complaints with the Commission in accordance with procedures 
set forth in 76.7. Must-carry complaints shall specifically allege the 
manner in which the cable operator failed to meet its obligations and 
the basis for such allegations.
    Section 76.7 states that on petition by a cable television system 
operator, a franchising authority, an applicant, permittee, or licensee 
of a television broadcast or translator station, or by any other 
interested person, the Commission may waive any provision of the rules 
relating to cable television systems, impose additional or different 
requirements, or issue a ruling on a complaint or disputed question. 
The petition for special relief or must-carry complaint may be 
submitted informally, by letter, but shall be accompanied by a 
certificate of service on any cable television operator, franchising 
authority, station licensee, permittee, or applicant, or other 
interested person who may be directly affected if the relief requested 
is granted. Interested parties may submit comments or oppositions to a 
petition for special relief or a must-carry complaint within twenty 
days after the date of public notice of the filing of such petition or 
complaint. The petitioner or complainant may file a reply to the 
comments or oppositions within 10 days after their submission.

    OMB Approval Number: 3060-0548.
    Title: Section 76.302 Required recordkeeping for must-carry 
purposes and Section 76.56 Signal carriage obligations.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents: 11,000.
    Estimated Time Per Response: 0.5 hours to 1.0 hour.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 66,000 hours.
    Cost to Respondents: $110,000.
    Needs and Uses: Section 76.302 requires the operator of every cable 
television system to maintain a public inspection file containing a 
list of all broadcast television stations carried by its system in 
fulfillment of the must-

[[Page 44862]]

carry requirements pursuant to Section 76.56 and the designation and 
location of its principal headend. Sections 76.302 and 76.56(e) state 
that upon written request from any person, a cable operator is required 
to provide the list of must-carried signals in writing within 30 days 
of receipt of such request. Additionally, Section 76.56(d)(3) states 
that if a cable operator authorizes subscribers to install additional 
receiver connections, but does not provide the subscriber with such 
connections, or with the equipment and materials for such connections, 
the operator shall notify such subscribers of all broadcast stations 
carried on the cable system which cannot be viewed via cable without a 
converter box and shall offer to sell or lease such a converter box to 
such subscribers. The notice, which may be included in routine billing 
statements, shall identify the signals that are unavailable without an 
additional connection, the manner for obtaining such additional 
connection, and instructions for installation. These notification and 
recordkeeping requirements ensure that subscribers are aware of which 
channels cannot be viewed without converter boxes and which channels 
are defined as must-carry. The records kept by cable television systems 
are reviewed by Commission staff during field inspections and by local 
public officials to assess the systems' compliance with applicable 
rules and regulations.

    OMB Approval Number: 3060-0652.
    Title: Section 76.309 Customer service obligations and Section 
76.964 Notice to subscribers.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business and other for-profit entities; State, local 
and tribal governments.
    Number of Respondents: 11,375 (11,365 cable systems +10 franchise 
authorities).
    Estimated Time Per Response: 10 minutes to 1.0 hour.
    Frequency of Response: On occasion reporting requirements; Third 
party disclosure.
    Total Annual Burden: 33,975 hours.
    Cost to Respondents: $100,000.
    Needs and Uses: Sections 76.309 and 76.964 set forth various 
customer service obligations and notification requirements for changes 
in rates, programming services and channel positions. Section 76.309(a) 
states that franchise authorities must provide affected cable operators 
90 days written notice of its intent to enforce customer services 
standards set forth in Section 76.309(c).
    Section 76.309(c)(3)(i)(A) states that cable operators shall 
provide written information on each of the following areas at the time 
of installation of service, at least annually to all subscribers, and 
at any time upon request: (1) Products and services offered; (2) Prices 
and options for programming services and conditions of subscription to 
programming and other services; (3) Installation and service 
maintenance policies; (4) Instructions on how to use the cable service; 
(5) Channel positions programming carried on the system; and, (6) 
Billing and complaint procedures, including the address and telephone 
number of the local franchise authority's cable office.
    Section 76.309(c)(3)(i)(B) states that customers will be notified 
of any changes in rates, programming services or channel positions as 
soon as possible in writing. Notice must be given to subscribers a 
minimum of thirty (30) days in advance of such changes if the change is 
within the control of the cable operator. In addition, the cable 
operator shall notify subscribers 30 days in advance of any significant 
changes in the other information required by Section 
76.309(c)(3)(i)(A).
    Section 76.964 states that in addition to the requirement set forth 
in Section 76.309(c)(3)(i)(B) regarding advance notification to 
customers of any changes in rates, programming services or channel 
positions, cable systems shall give 30 days written notice to both 
subscribers and local franchising authorities before implementing any 
rate or service change. Such notice shall state the precise amount of 
any rate change and briefly explain in readily understandable fashion 
the cause of the rate change (e.g. inflation, changes in external costs 
or the addition/deletion of channels). When the change involves the 
addition or deletion of channels, each channel added or deleted must be 
separately identified. Notices to subscribers shall inform them of 
their right to file complaints about changes in cable programming 
service tier rates and services, shall state that the subscriber may 
file the complaint within 90 days of the effective date of the rate 
change, and shall provide the address and phone number of the local 
franchising authority.
    Section 76.309(c)(3)(ii)(B) states that in case of a billing 
dispute, the cable operator must respond to a written complaint from a 
subscriber within 30 days.
    Since the last OMB clearance for this collection, it has been 
revised in two ways. First, the Section 76.309(a) requirement that 
franchise authorities must provide affected cable operators 90 days 
written notice of intent to enforce customer services standards was not 
previously accounted for in this collection. We now seek clearance for 
it as part of this collection. Second, cable operators are no longer 
required to provide notice of any rate change that is the result of a 
regulatory fee, franchise fee, or any other fee, tax, assessment, or 
charge of any kind imposed by any Federal agency, State, or franchising 
authority on the transaction between operators and their subscribers. 
We revise this collection accordingly.
    The Commission requires the various disclosure and notifications 
contained in this collection as a means of consumer protection to 
ensure that subscribers and franchising authorities are knowledgeable 
of cable operators' business practices, current rates, rate changes for 
programming, service and equipment, and channel line-up changes.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-22513 Filed 8-20-98; 8:45 am]
BILLING CODE 6712-10-P