[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2254-2255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-461]



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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection Requirement Submitted to OMB for 
Review and Approval, Comments Requested

January 7, 2008.
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, 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 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 February 13, 2008. 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 contacts 
listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via Internet at [email protected] 
or via fax at (202) 395-5167 and to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC or via Internet at [email protected] or 
[email protected]. To view a copy of this information collection request 
(ICR) submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called 
``Currently Under Review,'' (3) click on the downward-pointing arrow in 
the ``Select Agency'' box below the ``Currently Under Review'' heading, 
(4) select ``Federal Communications Commission'' from the list of 
agencies presented in the ``Select Agency'' box, (5) click the 
``Submit'' button to the right of the ``Select Agency'' box, (6) when 
the list of FCC ICRs currently under review appears, look for the title 
of this ICR (or its OMB control number, if there is one) and then click 
on the ICR Reference Number to view detailed information about this 
ICR.''

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Cathy Williams at (202) 418-
2918.
    OMB Number: 3060-0888.
    Title: Section 76.7, Petition Procedures; Sec.  76.9, 
Confidentiality of Proprietary Information; Sec.  76.61, Dispute 
Concerning Carriage; Sec.  76.914, Revocation of Certification; Sec.  
76.1003, Program Access Proceedings; Sec.  76.1302, Carriage Agreement 
Proceedings; Sec.  76.1513, Open Video Dispute Resolution.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 600.
    Estimated Time per Response: 4 to 60 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 19,200 hours.
    Total Annual Costs: $240,000.
    Nature of Response: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: A party that wishes to have 
confidentiality for proprietary information with respect to a 
submission it is making to the Commission must file a petition pursuant 
to the pleading requirements in Sec.  76.7 and use the method described 
in Sec. Sec.  0.459 and 76.9 to demonstrate that confidentiality is 
warranted.
    Privacy Act Impact Assessment: None.
    Needs and Uses: On September 11, 2007, the Commission adopted a 
Report and Order and a Notice of Proposed Rulemaking In the Matter of 
Implementation of the Cable Television Consumer Protection and 
Competition Act of 1992-- Development of Competition and Diversity in 
Video Programming Distribution: Section 628(c)(5) of the Communications 
Act: Sunset of Exclusive Contract Prohibition; Review of the 
Commission's Program Access Rules and Examination of Programming Tying 
Arrangements, MB Docket Nos. 07-29, 07-198, FCC 07-169. Section 628 of 
the Communications Act proscribes a cable operator, a satellite cable 
programming vendor in which a cable operator has an attributable 
interest, or a satellite broadcast programming vendor from engaging in 
unfair methods of competition and deceptive practices and directs the 
Commission to, among other things, prescribe regulations to provide for 
an expedited Commission review of any complaints made under this 
section. Section 76.1003 contains the Commission's procedural rules for 
resolving these program access complaints. The new rules to this 
information collection are 47 CFR 76.1003(e)(1) and 47 CFR 76.1003(j).
    47 CFR 76.1003(e)(1) requires a cable operator, satellite cable 
programming vendor, or satellite broadcast programming vendor that 
expressly references and relies upon a document in asserting a defense 
to a program access complaint filed pursuant to Sec.  76.1003 or in 
responding to a material allegation in a program access complaint filed 
pursuant to Sec.  76.1003, to include such document or documents as 
part of the answer.
    47 CFR 76.1003(j) states in addition to the general pleading and 
discovery rules contained in Sec.  76.7 of this part, parties to a 
program access complaint may serve requests for discovery directly on 
opposing parties, and file a copy of the request with the Commission. 
The respondent shall have the opportunity to object to any request for 
documents that are not in its control or relevant to the dispute. Such 
request shall be heard, and determination made, by the Commission. 
Until the objection is ruled upon, the obligation to produce the 
disputed material is suspended. Any party who fails to timely provide 
discovery requested by the opposing party to which it has not raised an 
objection as described above, or who fails to respond to a Commission 
order for discovery material, may be deemed in default and an order may 
be entered in accordance with the allegations contained in the 
complaint, or the complaint may be dismissed with prejudice.
    47 CRR 76.7. Pleadings seeking to initiate FCC action must adhere 
to the requirements of Sec.  76.6 (general pleading requirements) and 
Sec.  76.7 (initiating pleading requirements). Section 76.7 is used for 
numerous types of petitions and special relief petitions, including 
general petitions seeking special relief, waivers, enforcement, show 
cause, forfeiture and declaratory ruling procedures.
    47 CFR 76.9. A party that wishes to have confidentiality for 
proprietary information with respect to a

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submission it is making to the FCC must file a petition pursuant to the 
pleading requirements in Sec.  76.7 and use the method described in 
Sec. Sec.  0.459 and 76.9 to demonstrate that confidentiality is 
warranted. The petitions filed pursuant to this provision are contained 
in the existing information collection requirement and are not changed 
by the proposed rule changes.
    47 CFR 76.61. Section 76.61(a) permits a local commercial 
television station or qualified low power television station that is 
denied carriage or channel positioning or repositioning in accordance 
with the must-carry rules by a cable operator to file a complaint with 
the FCC in accordance with the procedures set forth in Sec.  76.7. 
Section 76.61(b) permits a qualified local noncommercial educational 
television station that believes a cable operator has failed to comply 
with the FCC's signal carriage or channel positioning requirements 
(Sec. Sec.  76.56 through 76.57) to file a complaint with the FCC in 
accordance with the procedures set forth in Sec.  76.7.
    47 CFR 76.914. Section 76.914(c) permits a cable operator seeking 
revocation of a franchising authority's certification to file a 
petition with the FCC in accordance with the procedures set forth in 
Sec.  76.7.
    47 CFR 76.1003. Section 76.1003(a) permits any multichannel video 
programming distributor aggrieved by conduct that it believes 
constitutes a violation of the FCC's competitive access to cable 
programming rules to commence an adjudicatory proceeding at the FCC to 
obtain enforcement of the rules through the filing of a complaint, 
which must be filed and responded to in accordance with the procedures 
specified in Sec.  76.7, except to the extent such procedures are 
modified by Sec.  76.1003.
    47 CFR 76.1302. Section 76.1302(a) permits any video programming 
vendor or multichannel video programming distributor aggrieved by 
conduct that it believes constitutes a violation of the FCC's 
regulation of carriage agreements to commence an adjudicatory 
proceeding at the FCC to obtain enforcement of the rules through the 
filing of a complaint, which must be filed and responded to in 
accordance with the procedures specified in Sec.  76.7, except to the 
extent such procedures are modified by Sec.  76.1302.
    47 CFR 76.1513. Section 76.1513(a) permits any party aggrieved by 
conduct that it believes constitutes a violation of the FCC's 
regulations or in section 653 of the Communications Act (47 U.S.C. 573) 
to commence an adjudicatory proceeding at the Commission to obtain 
enforcement of the rules through the filing of a complaint, which must 
be filed and responded to in accordance with the procedures specified 
in Sec.  76.7, except to the extent such procedures are modified by 
Sec.  76.1513.
    OMB Control Number: 3060-0390.
    Title: Broadcast Station Annual Employment Report.
    Form Number: FCC Form 395-B.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 14,000.
    Estimated Time per Response: 0.88 hours.
    Frequency of Response: Annual reporting requirement.
    Total Annual Burden: 12,320 hours.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Total Annual Costs: None.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 395-B, ``The Broadcast Station Annual 
Employment Report,'' is used to assess industry employment trends and 
provide reports to Congress. Licensees with five or more full-time 
employees are required to file Form 395-B on or before September 30th 
of each year. The form is a data collection device used to compile 
statistics on the workforce employed by broadcast licensees/permittees. 
The report identifies each staff member by gender and race/ethnicity in 
each of the nine major job categories. On June 4, 2004, the FCC 
released the Third Report and Order and Fourth Notice of Proposed 
Rulemaking (3rd R&O), In the Matter of Review of the Commission's 
Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM 
Docket No. 98-204, FCC 04-103, in which it considers issues relating to 
the Annual Employment Report forms, including Form 395-B, ``The 
Broadcast Station Annual Employment Report.'' In the 3rd R&O, the 
Commission is adopting revised rules requiring broadcasters and 
multichannel video programming distributors (MVPDs) to file annual 
employment reports. Radio and television broadcasters will use Form 
395-B to file annual employment reports. The intent of this 3rd R&O is 
to reinstate and update requirements for broadcasters and MVPDs to file 
annual employment reports. The intent of the Fourth Notice of Proposed 
Rulemaking is to provide time for MVPDs, broadcast licensees, and the 
public to address the issue of whether the Commission should keep these 
forms confidential after they are filed. With the effective date of the 
rule revisions adopted in the 3rd R&O, MVPDs and broadcasters must 
start keeping records of their employees so they can prepare their 
annual employment reports due to be filed on or before September 30, 
2004.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-461 Filed 1-11-08; 8:45 am]
BILLING CODE 6712-01-P