[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 32024-32026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12626]


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FEDERAL COMMUNICATIONS COMMISSION


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

June 2, 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 July 7, 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.

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.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
4(i) of the Communications Act of 1934, as amended.
    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 Sections 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 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 Section

[[Page 32025]]

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 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 47 CFR Section 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 Sections 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 Sections 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 Section 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 Section 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 Section 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 Section 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; 132,000 
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. The 
statutory authority for this information collection is contained in 
Section 4(i), 614 and 615 of the Communications Act of 1934, as 
amended.
    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 Section 76.56 requires cable television 
systems to carry signals of all qualified local Noncommercial 
Educational (NCE) sting carriage. As a result of this requirement, the 
following information collection requirements are needed for this 
collection:
    47 CFR Section 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 Section 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 Sections 76.1614 and 1709(c) states that a cable operator 
shall respond in 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 Section 76.56.
    47 CFR Section 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

[[Page 32026]]

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.

    OMB Control Number: 3060-0750.
    Title: 47 CFR Section 73.671 Educational and Informational 
Programming for Children; 47 CFR Section 73.673, Public Information 
Initiatives Regarding Educational and informational Programming for 
Children.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 2,323 respondents; 4,266 
responses.
    Estimated Time per Response: 1 to 5 minutes.
    Frequency of Response: Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 154(i) and 303 of the Communications Act of 1934, as amended.
    Total Annual Burden: 31,319 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 73.671(c)(5) states that a core educational 
television program must be identified as specifically designed to 
educate and inform children by the display on the television screen 
throughout the program of the Educational/Informational ``E/I.''
    47 CFR 73.673 states each commercial television broadcast station 
licensee must provide information identifying programming specifically 
designed to educate and inform children to publishers of program 
guides. Such information must include an indication of the age group 
for which the program is intended.
    These requirements are intended to provide greater clarity about 
broadcasters' obligations under the Children's Television Act (CTA) of 
1990 to air programming ``specifically designed'' to serve the 
educational and informational needs of children and to improve public 
access to information about the availability of these programs. These 
requirements provide better information to the public about the shows 
broadcasters air to satisfy their obligation to provide educational and 
informational programming under the Children's Television Act.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-12626 Filed 6-4-08; 8:45 am]
BILLING CODE 6712-01-P