[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Notices]
[Pages 41078-41079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16321]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted for 
Review to the Office of Management and Budget

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(s), as required by the Paperwork 
Reduction Act (PRA) of 1995, 44 U.S.C. 3501--3520. 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 September 15, 2008. If you anticipate that you 
will be submitting PRA comments, but find it difficult to do so within 
the period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, (202) 395-5887, or via fax at 202-395-5167 or 
via Internet at [email protected] and to [email protected], Federal Communications Commission, or an e-mail to 
[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, and (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, contact 
Judith B. Herman at 202-418-0214 or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-1022.
    Title: Sections 101.1403, 101.103(f), 101.1413, 101.1440 and 
101.1417, MVDDS and DBS Reporting and Third Party Disclosure 
Requirements.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 217 respondents; 217 responses.
    Estimated Time per Response: .50 hours--40 hours.
    Frequency of Response: On occasion, annual and other reporting 
requirements and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 10,347 hours.
    Total Annual Cost: $5,300.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: The Commission is revising this information 
collection (IC) to consolidate five information collections with five 
different OMB

[[Page 41079]]

Control Numbers into one comprehensive collection (OMB Control Numbers 
3060-1022 through 3060-1026). Upon OMB approval, the Commission will 
eliminate OMB Control Numbers 3060-1023 through 3060-1026 and retain 
3060-1022 as the active number for the OMB inventory.
    The Commission is not changing any of the reporting or third party 
disclosure requirements. We are simply modifying this IC to include the 
other four ICs as mentioned above. The following is a description of 
each rule section requirement subject to the Paperwork Reduction Act 
(PRA):
    a. Section 101.1403 requires certain Multichannel Video 
Distribution and Data Service (MVDDS) licensees to comply with the 
statutory broadcast carriage requirements of 47 U.S.C. 325(b)(1). These 
MVDDS licensees must obtain the prior express authority of a broadcast 
station before retransmitting that station's signal.
    b. Section 101.103(f) requires MVDDS licensees to provide notice of 
intent of construction of a proposed antenna to Non-Geostationary 
Satellite Orbit Fixed Satellite Service (NGSO FSS) licensees operating 
in the 12.2-12.7 GHz frequency band and to establish and maintain an 
Internet Web site of all existing transmitting sites and transmitting 
antenna that are scheduled for operation within one year including the 
``in service'' dates.
    c. Section 101.1413 requires MVDDS licensees to file a showing of 
substantial service at five years and ten years into the initial 
license term. The substantial service requirement is defined as a 
``service that is sound, favorable, and substantially above the level 
of mediocre service which might minimally warrant renewal''. The 
renewal application of an MVDDS licensee must include the following 
showings in order to claim a renewal expectancy: (1) A coverage map 
depicting the served and unserved areas; (2) a corresponding 
description of current service in terms of geographic coverage and 
population served or transmitter locations in the served areas; and (3) 
copies of any Commission Orders finding the licensee to have violated 
the Communications Act or any Commission rule or policy and a list of 
any pending proceeding that related to any matter described by the 
requirements for the renewal expectancy.
    d. Section 101.1440 requires MVDDS licensees to collect information 
and disclose information to third parties. Section 101.1440 requires 
MVDDS licensees to conduct a survey of the area around its proposed 
transmitting antenna site to determine the location of all Direct 
Broadcast Satellite (DBS) customers of record that may potentially be 
affected by the introduction of its MVDDS service. At least 90 days 
prior to the planned date of MVDDS commencement of operations, the 
MVDDS licensee must then provide specific information to the DBS 
licensee(s). Alternatively, MVDDS licensees may obtain a signed, 
written agreement from DBS customers of record stating that they are 
aware of and agree to their DBS system receiving MVDDS signal levels in 
excess of the appropriate Equivalent Power Flux Density (EPFD) limits. 
The DBS licensee must thereafter provide the MVDDS licensee with a list 
of only those new DBS customer locations that have been installed in 
the 30-day period following the MVDDS notification that the DBS 
licensee believes may receive harmful interference or where the 
prescribed EPFD limits may be exceeded. If the MVDDS licensee 
determines that its signal level will exceed the EPFD limit at any DBS 
customer site, it shall take whatever steps are necessary, up to and 
including fining a new transmitter site.
    e. Section 101.1417 requires licensees to file with the Commission 
two copies of a ``licensee information report'' by March 1st of each 
year for the preceding calendar year. This report must include the name 
and address of the licensee; station(s) call letters and primary 
geographic service area(s); and statistical data for the licensee's 
station.

The information is used by the Commission to monitor licensee 
compliance of FCC rules; ensure that prior to operation the MVDDS 
antenna meet the minimum spacing requirements; to determine whether the 
licensee is providing substantial service and for whether to apply for 
a renewal expectancy; to notify third parties of certain information; 
and to assist the Commission in analyzing trends and competition in the 
marketplace.
    OMB Control Number: 3060-0905.
    Title: Section 18.213, Information to the User (Regulations for RF 
Lighting Devices).
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 3 respondents; 3 responses.
    Estimated Time Per response: 1 hour.
    Frequency of Response: Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 3 hours.
    Total Annual Cost: $75.00 for producing and labeling the equipment 
= $225.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality.
    Needs and Uses: The Commission is revising this information 
collection after this 60 day comment period in order to obtain the full 
three year clearance from the Office of Management and Budget (OMB).
    The Commission is removing section 18.307 from this information 
collection because it was incorrectly included in the last submission 
to the OMB. Upon review of the rule section, it was determined that 
section 18.307 only contained technical standard limits and therefore, 
not subject to the Paperwork Reduction Act (PRA) and OMB approval.
    The Commission is also adjusting the annual cost estimate for this 
information collection by -$775 due to a mathematical error in the last 
submission to the OMB.
    Section 18.213 (for which the Commission is seeking continued OMB 
approval) requires information on industrial, scientific and medical 
equipment shall be provided to the user in the instruction manual or on 
the packaging of an instruction manual is not provided for any type of 
ISM equipment. (a) The interference potential of the device or system; 
(b) maintenance of the system; (c) simple measures that can be taken by 
the user to correct interference; and (d) manufacturers of RF lighting 
devices must provide an advisory statement, either on the product 
packaging or with other user documentation, similar to the following: 
This product may cause interference to radio equipment and should not 
be installed near maritime safety communications equipment or other 
critical navigation or communication equipment operating between 0.45-
30 MHz. Variations of this language are permitted provided all the 
points of the statement are addressed and may be presented in any 
legible font or text style.
    The simple warning label with a short advisory statement will be 
used by the Commission to determine if an RF lighting device is in 
compliance with the applicable Commission rules and is capable of 
producing emissions in the 0.45-30 MHz band.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E8-16321 Filed 7-16-08; 8:45 am]
BILLING CODE 6712-01-P