[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Notices]
[Pages 19499-19501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7290]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

April 5, 2007.
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 (PRA) of 1995, Public Law No. 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 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 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 Paperwork Reduction Act (PRA) comments should be 
submitted on or before June 18, 2007. 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: You may submit all your Paperwork Reduction Act (PRA) 
comments by e-mail or U.S. postal mail. To submit your comments by e-
mail send them to [email protected]. To submit your comments by U.S. mail, 
mark them to the attention of Cathy Williams, Federal Communications 
Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554 and 
to Jasmeet Seehra, Office of Management and Budget, Room 10236 NEOB, 
725 17th Street, NW., Washington, DC 20503 or via the Internet to 
[email protected] or via fax at (202) 395-5167.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection(s) send an e-mail to [email protected] or contact 
Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0700.
    Title: Open Video Systems Provisions.
    Form Number: FCC 1275.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; State, local or 
tribal government.
    Number of Respondents: 270.
    Estimated Time per Response: 0.25 to 20 hours.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Total Annual Burden: 9,880 hours.
    Total Annual Cost: None.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: Section 302 of the 1996 Telecommunications Act 
provides for specific entry options for telephone companies wishing to 
enter the video programming marketplace, one option being to provide 
cable service over an ``open video system'' (``OVS'').
    47 CFR 76.1502(a) states an operator of an open video system must 
certify to the Commission that it will comply with the Commission's 
regulations in 47 CFR 76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, 
and 76.1513. The Commission must approve such certification prior to 
the commencement of service at such a point in time that would allow 
the applicant sufficient time to comply with the Commission's 
notification requirements.
    (b) Certifications must be verified by an officer or director of 
the applicant, stating that, to the best of his or her information and 
belief, the representations made therein are accurate.
    (c) Certifications must be filed on FCC Form 1275 and must include:
    (1) The applicant's name, address and telephone number;
    (2) A statement of ownership, including all affiliated entities;
    (3) If the applicant is a cable operator applying for certification 
in its cable franchise area, a statement that the applicant is 
qualified to operate an open video system under Section 76.1501.
    (4) A statement that the applicant agrees to comply and to remain 
in compliance with each of the Commission's regulations in Sec. Sec.  
76.1503, 76.1504, 76.1506(m), 76.1508, 76.1509, and 76.1513;
    (5) If the applicant is required under 47 CFR 64.903(a) of this 
chapter to file a cost allocation manual, a statement that the 
applicant will file changes to its manual at least 60 days before the 
commencement of service;
    (6) A list of the names of the anticipated local communities to be 
served upon completion of the system;
    (7) The anticipated amount and type (i.e., analog or digital) of 
capacity (for switched digital systems, the anticipated number of 
available channel input ports); and
    (8) A statement that the applicant will comply with the 
Commission's notice and enrollment requirements for unaffiliated video 
programming providers.
    (d)(1) On or before the date an FCC Form 1275 is filed with the 
Commission, the applicant must serve a copy of its filing on all local 
communities identified pursuant to paragraph (c)(6) of this section and 
must include a statement informing the local communities of the 
Commission's requirements in paragraph (e) of this section for filing 
oppositions and comments. Service by mail is complete upon mailing, but 
if mailed, the served documents must be postmarked at least 3 days 
prior to the filing of the FCC Form 1275 with the Commission.
    (2) Parties are required to attach a cover sheet to the filing 
indicating that the submission is an open video system certification 
application. The only wording on this cover sheet shall be ``Open Video 
System Certification Application'' and ``Attention: Media Bureau.'' 
This wording shall be located in the center of the page and should be

[[Page 19500]]

in letters at least \1/2\ inch in size. Parties shall also include the 
words ``open video systems'' on their mailing envelope.
    (e)(1) Comments or oppositions to a certification must be filed 
within five calendar days of the Commission's receipt of the 
certification and must be served on the party that filed the 
certification. If, after making the necessary calculations, the due 
date for filing comments falls on a holiday, comments shall be filed on 
the next business day before noon, unless the nearest business day 
precedes the fifth calendar day following a filing, in which case the 
comments will be due on the preceding business day. For example, if the 
fifth day falls on a Saturday, then the filing would be due on that 
preceding Friday. However, if the fifth day falls on Sunday, then the 
filing will be due on the next day, Monday, before noon (or Tuesday, 
before noon if the Monday is a holiday).
    (2) Parties wishing to respond to a FCC Form 1275 filing must 
submit comments or oppositions with the Office of the Secretary and the 
Bureau Chief, Media Bureau. Comments will not be considered properly 
filed unless filed with both of these Offices. Parties are required to 
attach a cover sheet to the filing indicating that the submission is a 
pleading related to an open video system application, the only wording 
on this cover sheet shall be ``Open Video System Certification 
Application Comments.'' This wording shall be located in the center of 
the page and should be in letters at least \1/2\ inch in size. Parties 
shall also include the words ``open video systems'' on their mailing 
envelopes.
    (f) If the Commission does not disapprove the certification 
application within ten days after receipt of an applicant's request, 
the certification application will be deemed approved. If disapproved, 
the applicant may file a revised certification or refile its original 
submission with a statement addressing the issues in dispute. Such 
refilings must be served on any objecting party or parties and on all 
local communities in which the applicant intends to operate. The 
Commission will consider any revised or refiled FCC Form 1275 to be a 
new proceeding and any party who filed comments regarding the original 
FCC Form 1275 will have to refile their original comments if they think 
such comments should be considered in the subsequent proceeding.
    47 CFR 76.1503(b)(1) states an open video system operator shall 
file with the Secretary of the Federal Communications Commission a 
``Notice of Intent'' to establish an open video system, which the 
Commission will release in a Public Notice. Parties are required to 
attach a cover sheet to the filing indicating that the submission is an 
Open Video System Notice of Intent. The only wording on this cover 
sheet shall be ``Open Video System Notice of Intent'' and ``Attention: 
Media Bureau.'' This wording shall be located in the center of the page 
and should be in letters at least \1/2\ inch in size. Parties shall 
also include the words ``open video systems'' on their mailing 
envelopes. Parties must submit copies of the Notice of Intent with the 
Office of the Secretary and the Bureau Chief, Media Bureau. The Notice 
of Intent shall include the following information:
    (i) A heading clearly indicating that the document is a Notice of 
Intent to establish an open video system;
    (ii) The name, address and telephone number of the open video 
system operator;
    (iii) A description of the system's projected service area;
    (iv) A description of the system's projected channel capacity, in 
terms of analog, digital and other type(s) of capacity upon activation 
of the system;
    (v) A description of the steps a potential video programming 
provider must follow to seek carriage on the open video system, 
including the name, address and telephone number of a person to contact 
for further information;
    (vi) The starting and ending dates of the initial enrollment period 
for video programming providers;
    (vii) The process for allocating the system's channel capacity, in 
the event that demand for carriage on the system exceeds the system's 
capacity; and
    (viii) A certification that the operator has complied with all 
relevant notification requirements under the Commission's open video 
system regulations concerning must-carry and retransmission consent 
(Sec.  76.1506), including a list of all local commercial and non-
commercial television stations served, and a certificate of service 
showing that the Notice of Intent has been served on all local cable 
franchising authorities entitled to establish requirements concerning 
the designation of channels for public, educational and governmental 
use.
    (2) Information. An open video system operator shall provide the 
following information to a video programming provider within five 
business days of receiving a written request from the provider, unless 
otherwise included in the Notice of Intent:
    (i) The projected activation date of the open video system. If a 
system is to be activated in stages, the operator should describe the 
respective stages and the projected dates on which each stage will be 
activated;
    (ii) A preliminary carriage rate estimate;
    (iii) The information a video programming provider will be required 
to provide to qualify as a video programming provider, e.g., 
creditworthiness;
    (iv) Technical information that is reasonably necessary for 
potential video programming providers to assess whether to seek 
capacity on the open video system, including what type of customer 
premises equipment subscribers will need to receive service;
    (v) Any transmission or reception equipment needed by a video 
programming provider to interface successfully with the open video 
system; and
    (vi) The equipment available to facilitate the carriage of 
unaffiliated video programming and the electronic form(s) that will be 
accepted for processing and subsequent transmission through the system.
    47 CFR 76.1504(d) states complaints regarding rates shall be 
limited to video programming providers that have sought carriage on the 
open video system. If a video programming provider files a complaint 
against an open video system operator meeting the above just and 
reasonable rate presumption, the burden of proof will rest with the 
complainant. If a complaint is filed against an open video system 
operator that does not meet the just and reasonable rate presumption, 
the open video system operator will bear the burden of proof to 
demonstrate, using the principles set forth below, that the carriage 
rates subject to the complaint are just and reasonable.
    47 CFR 76.1506(l)(2) states must-carry/retransmission consent 
election notifications shall be sent to the open video system operator. 
An open video system operator shall make all must-carry/retransmission 
consent election notifications received available to the appropriate 
programming providers on its system.
    (3) Television broadcast stations are required to make the same 
election for open video systems and cable systems serving the same 
geographic area, unless the overlapping open video system is unable to 
deliver appropriate signals in conformance with the broadcast station's 
elections for all cable systems serving the same geographic area.
    (4) An open video system commencing new operations shall notify all 
local commercial and noncommercial broadcast stations as

[[Page 19501]]

required under paragraph (l) of this section on or before the date on 
which it files with the Commission its Notice of Intent to establish an 
open video system.
    47 CFR 76.1508(c) states any provision of Sec.  76.94 that refers 
to a ``cable system operator'' or ``cable television system operator'' 
shall apply to an open video system operator. Any provision of Sec.  
76.94 that refers to a ``cable system'' or ``cable television system'' 
shall apply to an open video system except Sec.  76.94 (e) and (f) 
which shall apply to an open video system operator. Open video system 
operators shall make all notifications and information regarding the 
exercise of network non-duplication rights immediately available to all 
appropriate video programming provider on the system. An open video 
system operator shall not be subject to sanctions for any violation of 
these rules by an unaffiliated program supplier if the operator 
provided proper notices to the program supplier and subsequently took 
prompt steps to stop the distribution of the infringing program once it 
was notified of a violation.
    47 CFR 76.1509(c) states any provision of Sec.  76.155 that refers 
to a ``cable system operator'' or ``cable television system operator'' 
shall apply to an open video system operator. Any provision of Sec.  
76.155 that refers to a ``cable system'' or ``cable television system'' 
shall apply to an open video system except Sec.  76.155(c) which shall 
apply to an open video system operator. Open video system operators 
shall make all notifications and information regarding exercise of 
syndicated program exclusivity rights immediately available to all 
appropriate video programming provider on the system. An open video 
system operator shall not be subject to sanctions for any violation of 
these rules by an unaffiliated program supplier if the operator 
provided proper notices to the program supplier and subsequently took 
prompt steps to stop the distribution of the infringing program once it 
was notified of a violation.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-7290 Filed 4-17-07; 8:45 am]
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