[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Notices]
[Pages 16855-16857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6555]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collections Being Reviewed by the 
Federal Communications Commission; Comments Requested

March 25, 2008.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collections, 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 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 PRA comments should be submitted on or before May 30, 
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 contact listed below as soon as possible.

ADDRESSES: You may submit all PRA comments by e-mail or U.S. Postal 
mail. To submit your comments by e-mail, send them to [email protected]. To 
send your comments by U.S. Postal mail, mark them to the attention of: 
Cathy Williams, Federal Communications Commission, Room 1-C823, 445 
12th Street, SW., Washington, DC 20554.

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

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0419.
    Title: Sections 76.94, Notification; 76.95, Exceptions; 76.105, 
Notification; 76.106, Exceptions; 76.107, Exclusivity Contracts; and 
76.1609, Non-Duplication and Syndicated Exclusivity.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 5,555 respondents; 199,304 
responses.
    Estimated Time per Response: 0.5-2.0 hours.
    Frequency of Response: Third party disclosure requirement; One time 
reporting requirement.

[[Page 16856]]

    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 183,856 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: 47 CFR 76.94(a) and 76.105(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.
    47 CFR 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 Section 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.
    47 CFR 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 47 CFR 76.94(a) or (b) 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 Section 76.94(b) 
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 
subsection 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 Section 
76.94(b) 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.
    47 CFR 76.94(e)(2) and 76.105(c)(2) state that if a cable 
television system asks a television station for information about its 
program schedule, the television station shall answer the request.
    47 CFR 76.94(f) and 76.107 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 Sections 76.94 and 76.105.
    47 CFR 76.95 states that the provisions of Sections 76.92 through 
76.94 (including the notification provisions of Section 76.94) 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 network non-
duplication protection against it.
    47 CFR 76.105(d) requires that in the event the exclusivity 
specified in Section 76.94(a) has been 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 subsection shall be furnished by telephone, 
telegraph, facsimile, overnight mail or other similar expedient means.
    47 CFR 76.106(b) states that the provisions of Sections 76.101 
through 76.105 (including the notification provisions of Section 
76.105) 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 
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.
    47 CFR 76.1609 states that network non-duplication provisions of 
Sections 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 or syndicated exclusivity protection against 
it.

    OMB Control Number: 3060-0548.
    Title: Section 76.1708, Principal Headend; Sections 76.1709 and 
76.1620, Availability of Signals; Section 76.56, Signal Carriage 
Obligations; Section 76.1614, Identification of Must-Carry Signals.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 11,000 respondents; 935,000 
responses.
    Estimated Time per Response: 0.5-1.0 hour.
    Frequency of Response: Recordkeeping requirement; Third party 
disclosure requirement; On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 66,000 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: 47 CFR 76.1708 requires that the operator of every 
cable television system shall maintain for public inspection the 
designation and location of its principal headend. If an operator 
changes the designation of its principal headend, that new designation 
must be included in its public file.
    47 CFR 76.1709(a) states effective June 17, 1993, the operator of 
every cable television system shall maintain for public inspection a 
file containing a list of all broadcast television stations carried by 
its system in fulfillment of the must-carry requirements pursuant to 47 
CFR Section 76.56. Such list shall include the call sign; community of 
license, broadcast channel number, cable channel number, and in the 
case of a noncommercial educational broadcast station, whether that 
station was carried by the cable system on March 29, 1990.
    47 CFR 76.1614 and 1709(c) states that a cable operator shall 
respond in

[[Page 16857]]

writing within 30 days to any written request by any person for the 
identification of the signals carried on its system in fulfillment of 
the requirements of 47 CFR 76.56.
    47 CFR 76.1620 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. Such 
notification must be provided by June 2, 1993, and annually thereafter 
and to each new subscriber upon initial installation. 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.
    47 CFR 76.56 requires cable television systems to carry signals of 
all qualified local Noncommercial Educational (NCE) sting carriage.

    Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8-6555 Filed 3-28-08; 8:45 am]
BILLING CODE 6712-01-P