[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4437-4438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1626]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

January 16, 2009.
SUMMARY: The Federal Communications Commissions (Commission or FCC), 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 March 27, 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: You may submit your PRA comments to Nicholas F. 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, via Internet at [email protected]. Include 
in the e-mail the OMB control number of the collection or if there is 
no OMB control number, the Title shown in the SUPPLEMENTARY INFORMATION 
section below. If you cannot submit your comment by e-mail contact the 
person listed below to make alternate arrangements.

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

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-XXXX.
    Title: Cable Subscribership Survey.
    Form Number: Not applicable.
    Type of Review: New Information Collection.
    Respondents: Business or other for-profit entities; State, Local or 
Tribal Government.
    Number of Respondents: 6,600.
    Number of Responses: 13,200.
    Estimated Time per Response: 2 hours per response.
    Frequency of Response: One time reporting requirement.
    Total Annual Burden: 26,400 hours.
    Total Annual Cost: $1,320,000.
    Obligation To Respond: Mandatory. The statutory authority for this 
information collection is contained in section 612(g) of the 
Communications Act of 1934, as amended, 47 U.S.C. 532(g).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information. However, the 
Commission made special provisions for operators that would like to 
withhold their information from public inspection. Operators who wish 
to request that their information be withheld from public inspection 
must submit the request pursuant to 47 CFR 0.459 in a letter addressed 
to the Secretary, and state the fields to which the request applies. 
They also should provide a complete explanation of why such treatment 
is appropriate, pursuant to 47 CFR 0.459(c), as casual requests will 
not be considered.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: Section 612(g) of the Communications Act, 47 CFR 
532(g), states that: (1) ``At such time as cable systems with 36 or 
more activated channels are available to 70 percent of households 
within the United States'' and (2) ``are subscribed to by 70 percent of 
the households to which such systems are available, the Commission may 
promulgate any additional rules necessary to provide diversity of 
information sources.'' Although there is no disagreement that the first 
prong of the 70/70 test has been met, the question of whether the 
second prong has been met is less clear. One data source that the 
Commission has traditionally relied on shows that the second prong of 
the 70/70 test has been met. However, other data sources do not 
demonstrate that the second prong has been met. The available data 
sources have some limitations because the reported cable penetration 
rates are not

[[Page 4438]]

calculated from a complete census of cable systems. The only way to 
accurately conclude that the 70/70 test has been met is to have the 
entire cable industry provide to the Commission the data for all cable 
systems. Specifically, we will require each cable operator to provide 
for 2006 and 2007 for each cable system on a zip code basis: (1) The 
total number of homes the cable operator currently passes; (2) the 
total number of homes the cable operator currently passes with 36 or 
more activated channels; (3) the total number of actual subscribers, 
including all subscribers in multiple dwelling units (MDUs); and (4) 
the total number of subscribers to systems with 36 or more activated 
channels. The submitted information will allow the Commission to 
calculate the 70/70 test for the entire universe of cable systems, 
which will be more accurate than relying on the available sample 
statistics.
    A cable operator may certify to the Commission that it does not 
possess the requested information for calendar year 2006 and that it is 
not possible for the operator to compile such data for calendar year 
2006. The Commission will provide cable operators that do not possess 
2006 data with a certification form to be signed, dated, and returned 
to the Commission. This form will not impose any additional burden on 
cable operators.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E9-1626 Filed 1-23-09; 8:45 am]
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