[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2586-2587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-792]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission for Extension Under Delegated 
Authority, Comments Requested

January 6, 2009.
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 collection, as required by the Paperwork 
Reduction Act of 1995 (PRA), 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 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 March 16, 
2009. 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: Interested parties may submit all PRA comments by e-mail or 
U.S. post mail. To submit your comments by e-mail, send them to 
[email protected] and/or [email protected]. To submit your comments by 
U.S. 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 collection(s), contact Cathy Williams at (202) 418-2918 or 
send an e-mail to [email protected] and/or [email protected].

SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0737.
    Title: Disclosure Requirements for Information Services Provided 
Under a Presubscription or Comparable Arrangement.
    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: 1,000 respondents; 1,000 
responses.
    Estimated Time per Response: 4.5 hours.
    Frequency of Response: Annual reporting requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Total Annual Burden: 4,500 hours.
    Total Annual Cost: None.
    Obligation to Respond: Voluntary. The statutory authority for this 
collection of information is contained in 47 U.S.C. 228.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information (PII) 
from individuals.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: Section 64.1501(b) defines a presubscription or 
comparable arrangement as a contractual agreement in which an 
information service provider makes specified disclosures to consumers 
when offering ``presubscribed'' information services.
    The disclosures are intended to ensure that consumers receive 
information regarding the terms and conditions associated with these 
services before they enter into contracts to subscribe to them.

    OMB Control Number: 3060-1041.
    Title: Remedial Measures for Failure to Construct Digital 
Television Stations (DTV Policy Statement).
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for-profit entities; Not-for-
profit institutions.
    Number of Respondents and Responses: 400 respondents; 800 
responses.
    Estimated Time per Response: 0.50-2 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 154(i), 303, 307, 309, 319 and 336 of the Communications Act 
of 1934, as amended.

[[Page 2587]]

    Total Annual Burden: 460 hours.
    Total Annual Cost: $304,000.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On April 16, 2003, the FCC released a Report and 
Order and Memorandum Opinion and Order on Reconsideration, In the 
Matter of Remedial Steps for Failure to Comply with Digital Television 
Construction Schedule, MM Docket No. 02-113, FCC 03-77 (``R&O''). The 
Commission adopted a series of remedial measures for stations that fail 
to construct their digital television (DTV) facilities in a timely 
fashion and fail to justify an extension of their DTV construction 
deadline. Stations will be subject to periodic reporting requirements.
    Under the first step, the Commission will deny the request for an 
unqualified extension and admonish the station for its failure to 
comply with its DTV construction obligation. The station must submit a 
report within thirty days outlining the steps it intends to take to 
complete construction and the approximate date that it expects to reach 
each of these construction milestones. Sixty days after its initial 
report, the station must submit a report detailing its progress on 
meeting its proposed construction milestones and justifying any delays 
it has encountered.
    Under the second step in the approach, if the station has not come 
into compliance with the DTV construction rule within a six-month 
period, then, absent extraordinary and compelling circumstances, the 
Commission will issue a Notice of Apparent Liability for forfeiture to 
the licensee and require that the station report every thirty days on 
its proposed construction milestones and its efforts to meet those 
milestones. Once again, failure to adequately demonstrate that the 
station was taking all reasonable steps towards construction and to 
justify any additional delays that were encountered will result in the 
imposition of additional sanctions.
    Under the third and final step in the approach, if the station 
still had failed to come into compliance with the DTV construction rule 
within an additional six-month period of time (i.e., one year from the 
date of the formal admonition), then, absent extraordinary and 
compelling circumstances, the Commission will consider its construction 
permit for its DTV facilities to have expired and will rescind the 
station's DTV authorization. The Commission concluded that no hearing 
was necessary prior to rescinding the station's DTV authorization. The 
Commission also concluded that it would not make the station's vacant 
DTV allotment available. The Commission also announced that the station 
will be required to surrender its analog authorization at the end of 
the DTV transition.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E9-792 Filed 1-14-09; 8:45 am]
BILLING CODE 6712-01-P