[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Pages 40344-40347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15851]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


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

July 8, 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 will 
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,

[[Page 40345]]

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 August 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.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0980.
    Title: 47 CFR Section 76.66, Implementation of the Satellite Home 
Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues 
and Retransmission Consent Issues.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents/Responses: 10,280 respondents; 11,938 
responses.
    Estimated Hours per Response: 1 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement; Every three years reporting requirement.
    Total Annual Burden: 12,146 hours.
    Total Annual Cost: $16,000.
    Nature of Response: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
the Satellite Home Viewer Extension and Reauthorization Act of 2004, 
Pub. L. No.108-447, Sections 202, 205, 209, 210, 118 Stat 2809 (2004); 
47 CFR Sections 325, 338, 339, and 340.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: On March 27, 2008 the Commission released a Second 
Report and Order, Memorandum Opinion and Order, and Second Further 
Notice of Proposed Rulemaking Carriage of Digital Television Broadcast 
Signals: Amendment to Part 76 of the Commission's Rules; Implementation 
of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast 
Signal Carriage Issues and Retransmission Consent Issues, FCC 08-86, CS 
Docket 00-96. We amend the rules to require satellite carriers to carry 
digital-only stations upon request in markets in which they are 
providing any local-into-local service pursuant to the statutory 
copyright license, and to require carriage of all high definition 
(``HD'') signals in a market in which any station's signals are carried 
in HD. The latter requirement will be phased in over a four year 
period. The final rule imposes the following requirements:
    47 CFR Section 76.66(b)(1) states each satellite carrier providing, 
under section 122 of title 17, United States Code, secondary 
transmissions to subscribers located within the local market of a 
television broadcast station of a primary transmission made by that 
station, shall carry upon request the signals of all television 
broadcast stations located within that local market, subject to section 
325(b) of title 47, United States Code, and other paragraphs in this 
section. Satellite carriers are required to carry digital-only stations 
upon request in markets in which the satellite carrier is providing any 
local-into-local service pursuant to the statutory copyright license.
    47 CFR Section 76.66(d)(2)(vi) requires satellite carriers to 
notify all local stations in a market of their intent to launch HD 
carry-one, carry-all in that market at least 60 days before commencing 
such carriage.
    Non-rule requirement: Satellite carriers must immediately commence 
carriage of the digital signal of a television station that ceases 
analog broadcasting prior to the February 17, 2009 transition deadline 
provided that the broadcaster notifies the satellite carrier on or 
before October 1, 2008 of the date on which they anticipate termination 
of their analog signal.
    The following information collections requirements are also apart 
of this information collection and have not changed since last approved 
by OMB:
    47 CFR Section 76.66(b)(2) requires a satellite carrier that offers 
multichannel video programming distribution service in the United 
States to more than 5,000,000 subscribers shall, no later than December 
8, 2005, carry upon request the signal originating as an analog signal 
of each television broadcast station that is located in a local market 
in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon 
request the signals originating as digital signals of each television 
broadcast station that is located in a local market in Alaska or 
Hawaii. Such satellite carrier is not required to carry the signal 
originating as analog after commencing carriage of digital signals on 
June 8, 2007. Carriage of signals originating as digital signals of 
each television broadcast station that is located in a local market in 
Alaska or Hawaii shall include the entire free over-the-air signal, 
including multicast and high definition digital signals.
    47 CFR Section 76.66(c)(3) requires that a commercial television 
station notify a satellite carrier in writing whether it elects to be 
carried pursuant to retransmission consent or mandatory consent in 
accordance with the established election cycle.
    47 CFR Section 76.66(c)(5) requires that a noncommercial television 
station must request carriage by notifying a satellite carrier in 
writing in accordance with the established election cycle.
    47 CFR Section 76.66(c)(6) requires a commercial television 
broadcast station located in a local market in a noncontiguous state to 
make its retransmission consent-mandatory carriage election by October 
1, 2005, for carriage of its signals that originate as analog signals 
for carriage commencing on December 8, 2005 and ending on December 31, 
2008, and by April 1, 2007 for its signals that originate as digital 
signals for carriage commencing on June 8, 2007 and ending on December 
31, 2008. For analog and digital signal carriage cycles commencing 
after December 31, 2008, such stations shall follow the election cycle 
in 47 CFR Section 76.66(c)(2) and 47 CFR Section 76.66(c)(4). A 
noncommercial television broadcast station located in a local market in 
Alaska or Hawaii must request carriage by October 1, 2005, for carriage 
of its signals that originate as an analog signal for carriage 
commencing on December 8, 2005 and ending on December 31,

[[Page 40346]]

2008, and by April 1, 2007 for its signals that originate as digital 
signals for carriage commencing on June 8, 2007 and ending on December 
31, 2008. Moreover, Section 76.66(c) requires a commercial television 
station located in a local market in a noncontiguous state to provide 
notification to a satellite carrier whether it elects to be carried 
pursuant to retransmission consent or mandatory consent.
    47 CFR Section 76.66(d)(1)(ii) states an election request made by a 
television station must be in writing and sent to the satellite 
carrier's principal place of business, by certified mail, return 
receipt requested.
    47 CFR Section 76.66(d)(1)(iii) states a television station's 
written notification shall include the:
    (A) Station's call sign;
    (B) Name of the appropriate station contact person;
    (C) Station's address for purposes of receiving official 
correspondence;
    (D) Station's community of license;
    (E) Station's DMA assignment; and
    (F) For commercial television stations, its election of mandatory 
carriage or retransmission consent.
    47 CFR Section 76.66(d)(1)(iv) states within 30 days of receiving a 
television station's carriage request, a satellite carrier shall notify 
in writing: (A) Those local television stations it will not carry, 
along with the reasons for such a decision; and (B) those local 
television stations it intends to carry.
    47 CFR Section 76.66(d)(2)(i) states a new satellite carrier or a 
satellite carrier providing local service in a market for the first 
time after July 1, 2001, shall inform each television broadcast station 
licensee within any local market in which a satellite carrier proposes 
to commence carriage of signals of stations from that market, not later 
than 60 days prior to the commencement of such carriage.
    (A) Of the carrier's intention to launch local-into-local service 
under this section in a local market, the identity of that local 
market, and the location of the carrier's proposed local receive 
facility for that local market;
    (B) Of the right of such licensee to elect carriage under this 
section or grant retransmission consent under section 325(b);
    (C) That such licensee has 30 days from the date of the receipt of 
such notice to make such election; and
    (D) That failure to make such election will result in the loss of 
the right to demand carriage under this section for the remainder of 
the 3-year cycle of carriage under section 325.
    47 CFR Section 76.66(d)(2)(ii) states satellite carriers shall 
transmit the notices required by paragraph (d)(2)(i) of this section 
via certified mail to the address for such television station licensee 
listed in the consolidated database system maintained by the 
Commission.
    47 CFR Section 76.66(d)(2)(iii) requires a satellite carrier with 
more than five million subscribers to provide a notice as required by 
47 CFR Section 76.66(d)(2)(i) and 47 CFR Section 76.66(d)(2)(ii) to 
each television broadcast station located in a local market in a 
noncontiguous state, not later than September 1, 2005 with respect to 
analog signals and a notice not later than April 1, 2007 with respect 
to digital signals; provided, however, that the notice shall also 
describe the carriage requirements pursuant to Section 338(a)(4) of 
Title 47, United States Code, and 47 CFR Section 76.66(b)(2).
    47 CFR Section 76.66(d)(2)(iv) requires that a satellite carrier 
shall commence carriage of a local station by the later of 90 days from 
receipt of an election of mandatory carriage or upon commencing local-
into-local service in the new television market.
    47 CFR Section 76.66(d)(2)(v) states within 30 days of receiving a 
local television station's election of mandatory carriage in a new 
television market, a satellite carrier shall notify in writing: Those 
local television stations it will not carry, along with the reasons for 
such decision, and those local television stations it intends to carry.
    47 CFR Section 76.66(d)(3)(ii) states a new television station 
shall make its election request, in writing, sent to the satellite 
carrier's principal place of business by certified mail, return receipt 
requested, between 60 days prior to commencing broadcasting and 30 days 
after commencing broadcasting. This written notification shall include 
the information required by paragraph (d)(1)(iii) of this section.
    47 CFR Section 76.66(d)(3)(iv) states within 30 days of receiving a 
new television station's election of mandatory carriage, a satellite 
carrier shall notify the station in writing that it will not carry the 
station, along with the reasons for such decision, or that it intends 
to carry the station.
    47 CFR Section 76.66(d)(5)(i) states beginning with the election 
cycle described in Sec.  76.66(c)(2), the retransmission of 
significantly viewed signals pursuant to Sec.  76.54 by a satellite 
carrier that provides local-into-local service is subject to providing 
the notifications to stations in the market pursuant to paragraphs 
(d)(5)(i) (A) and (B) of this section, unless the satellite carrier was 
retransmitting such signals as of the date these notifications were 
due.
    (A) In any local market in which a satellite carrier provided 
local-into-local service on December 8, 2004, at least 60 days prior to 
any date on which a station must make an election under paragraph (c) 
of this section, identify each affiliate of the same television network 
that the carrier reserves the right to retransmit into that station's 
local market during the next election cycle and the communities into 
which the satellite carrier reserves the right to make such 
retransmissions;
    (B) In any local market in which a satellite carrier commences 
local-into-local service after December 8, 2004, at least 60 days prior 
to the commencement of service in that market, and thereafter at least 
60 days prior to any date on which the station must thereafter make an 
election under Sec.  76.66(c) or (d)(2), identify each affiliate of the 
same television network that the carrier reserves the right to 
retransmit into that station's local market during the next election 
cycle.
    47 CFR Section 76.66(f)(3) states except as provided in 
76.66(d)(2), a satellite carrier providing local-into-local service 
must notify local television stations of the location of the receive 
facility by June 1, 2001 for the first election cycle and at least 120 
days prior to the commencement of all election cycles thereafter.
    47 CFR Section 76.66(f)(4) states a satellite carrier may relocate 
its local receive facility at the commencement of each election cycle. 
A satellite carrier is also permitted to relocate its local receive 
facility during the course of an election cycle, if it bears the signal 
delivery costs of the television stations affected by such a move. A 
satellite carrier relocating its local receive facility must provide 60 
days notice to all local television stations carried in the affected 
television market.
    47 CFR Section 76.66(h)(5) states a satellite carrier shall provide 
notice to its subscribers, and to the affected television station, 
whenever it adds or deletes a station's signal in a particular local 
market pursuant to this paragraph.
    47 CFR 76.66(m)(1) states whenever a local television broadcast 
station believes that a satellite carrier has failed to meet its 
obligations under this section, such station shall notify the carrier, 
in writing, of the alleged failure and identify its reasons for 
believing that the satellite carrier failed to comply with such 
obligations.
    47 CFR 76.66(m)(2) states the satellite carrier shall, within 30 
days after such written notification, respond in writing to such 
notification and comply with

[[Page 40347]]

such obligations or state its reasons for believing that it is in 
compliance with such obligations.
    47 CFR 76.66(m)(3) states a local television broadcast station that 
disputes a response by a satellite carrier that it is in compliance 
with such obligations may obtain review of such denial or response by 
filing a complaint with the Commission, in accordance with Sec.  76.7 
of title 47, Code of Federal Regulations. Such complaint shall allege 
the manner in which such satellite carrier has failed to meet its 
obligations and the basis for such allegations.
    47 CFR 76.66(m)(4) states the satellite carrier against which a 
complaint is filed is permitted to present data and arguments to 
establish that there has been no failure to meet its obligations under 
this section.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-15851 Filed 7-11-08; 8:45 am]
BILLING CODE 6712-01-P