[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66649-66651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29861]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection Being Submitted to the 
Office of Management and Budget for Review and Approval, Comments 
Requested

12/11/2009.
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 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: Persons wishing to comment on this information collection should 
submit comments by January 15, 2010. 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: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget (OMB), via fax at (202) 395-5167, or via the 
Internet at [email protected] and to Cathy Williams, 
Federal Communications Commission (FCC), 445 12th Street, SW, 
Washington, DC 20554. To submit your comments by e-mail send then to: 
[email protected] and to [email protected]. To view a copy of this 
information collection request (ICR) submitted to OMB: (1) Go to 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 FCC list appears, look for the 
title of this ICR (or its OMB Control Number, if there is one) and then 
click on the ICR.

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

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0692.
    Type of Review: Extension of a currently approved collection.
    Title: Sections 76.613 and 76.802, Home Wiring Provisions.
    Form Number: Not Applicable.
    Respondents: Individuals or households; Business or other for-
profit entities.
    Number of Respondents and Responses: 22,000 respondents; 253,010 
responses.
    Estimated Time per Response: 5 minutes - 2 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirement; annual reporting requirement; third party 
disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
Commission has authority for this information collection under Sections 
1, 4, 224, 251, 303, 601, 623, 624 and 632 of the Communications Act of 
1934, as amended.

[[Page 66650]]

    Total Annual Burden: 36,114 hours.
    Total Annual Cost: None.
    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: 47 CFR 76.613(d) requires that when Multichannel 
Video Programming Distributors (MVPDs) cause harmful signal 
interference MVPDs will be required by the Commission's engineer in 
charge (EIC) to prepare and submit a report regarding the cause(s) of 
the interference, corrective measures planned or taken, and the 
efficacy of the remedial measures.
    47 CFR 76.802(b) states during the initial telephone call in which 
a subscriber contacts a cable operator to voluntarily terminate cable 
service, the cable operator-if it owns and intends to remove the home 
wiring-must inform the subscriber: (1) That the cable operator owns the 
home wiring; (2) That the cable operator intends to remove the home 
wiring; (3) That the subscriber has the right to purchase the home 
wiring; and (4) What the per-foot replacement cost and total charge for 
the wiring would be (the total charge may be based on either the actual 
length of cable wiring and the actual number of passive splitters on 
the customer's side of the demarcation point, or a reasonable 
approximation thereof; in either event, the information necessary for 
calculating the total charge must be available for use during the 
initial phone call).
    47 CFR 76.804 (a)(1) states where an MVPD owns the home run wiring 
in an Multiple Dwelling Unit Building (MDU) and does not (or will not 
at the conclusion of the notice period) have a legally enforceable 
right to remain on the premises against the wishes of the MDU owner, 
the MDU owner may give the MVPD a minimum of 90 days' written notice 
that its access to the entire building will be terminated to invoke the 
procedures in this section. The MVPD will then have 30 days to notify 
the MDU owner in writing of its election for all the home run wiring 
inside the MDU building: to remove the wiring and restore the MDU 
building consistent with state law within 30 days of the end of the 90-
day notice period or within 30 days of actual service termination, 
whichever occurs first; to abandon and not disable the wiring at the 
end of the 90-day notice period; or to sell the wiring to the MDU 
building owner. If the incumbent provider elects to remove or abandon 
the wiring, and it intends to terminate service before the end of the 
90-day notice period, the incumbent provider shall notify the MDU owner 
at the time of this election of the date on which it intends to 
terminate service. If the incumbent provider elects to remove its 
wiring and restore the building consistent with state law, it must do 
so within 30 days of the end of the 90-day notice period or within 30 
days of actual service termination, which ever occurs first. For 
purposes of abandonment, passive devices, including splitters, shall be 
considered part of the home run wiring. The incumbent provider that has 
elected to abandon its home run wiring may remove its amplifiers or 
other active devices used in the wiring if an equivalent replacement 
can easily be reattached. In addition, an incumbent provider removing 
any active elements shall comply with the notice requirements and other 
rules regarding the removal of home run wiring. If the MDU owner 
declines to purchase the home run wiring, the MDU owner may permit an 
alternative provider that has been authorized to provide service to the 
MDU to negotiate to purchase the wiring.
    47 CFR 76.804 (a)(2) states if the incumbent provider elects to 
sell the home run wiring under paragraph (a)(1) of this section, the 
incumbent and the MDU owner or alternative provider shall have 30 days 
from the date of election to negotiate a price. If the parties are 
unable to agree on a price within that 30-day time period, the 
incumbent must elect: to abandon without disabling the wiring; to 
remove the wiring and restore the MDU consistent with state law; or to 
submit the price determination to binding arbitration by an independent 
expert. If the incumbent provider chooses to abandon or remove its 
wiring, it must notify the MDU owner at the time of this election if 
and when it intends to terminate service before the end of the 90-day 
notice period. If the incumbent service provider elects to abandon its 
wiring at this point, the abandonment shall become effective at the end 
of the 90-day notice period or upon service termination, whichever 
occurs first. If the incumbent elects at this point to remove its 
wiring and restore the building consistent with state law, it must do 
so within 30 days of the end of the 90-day notice period or within 30 
days of actual service termination, which ever occurs first.
    47 CFR 76.804 (a) (3) states if the incumbent elects to submit to 
binding arbitration, the parties shall have seven days to agree on an 
independent expert or to each designate an expert who will pick a third 
expert within an additional seven days. The independent expert chosen 
will be required to assess a reasonable price for the home run wiring 
by the end of the 90-day notice period. If the incumbent elects to 
submit the matter to binding arbitration and the MDU owner (or the 
alternative provider) refuses to participate, the incumbent shall have 
no further obligations under the Commission's home run wiring 
disposition procedures. If the incumbent fails to comply with any of 
the deadlines established herein, it shall be deemed to have elected to 
abandon its home run wiring at the end of the 90-day notice period.
    47 CFR 76.804 (a) (4) states the MDU owner shall be permitted to 
exercise the rights of individual subscribers under this subsection for 
purposes of the disposition of the cable home wiring under Sec. 76.802. 
When an MDU owner notifies an incumbent provider under this section 
that the incumbent provider's access to the entire building will be 
terminated and that the MDU owner seeks to use the home run wiring for 
another service, the incumbent provider shall, in accordance with our 
current home wiring rules: offer to sell to the MDU owner any home 
wiring within the individual dwelling units that the incumbent provider 
owns and intends to remove; and provide the MDU owner with the total 
per-foot replacement cost of such home wiring. This information must be 
provided to the MDU owner within 30 days of the initial notice that the 
incumbent's access to the building will be terminated. If the MDU owner 
declines to purchase the cable home wiring, the MDU owner may allow the 
alternative provider to purchase the home wiring upon service 
termination under the terms and conditions of Sec. 76.802. If the MDU 
owner or the alternative provider elects to purchase the home wiring 
under these rules, it must so notify the incumbent MVPD provider not 
later than 30 days before the incumbent's termination of access to the 
building will become effective. If the MDU owner and the alternative 
provider fail to elect to purchase the home wiring, the incumbent 
provider must then remove the cable home wiring, under normal operating 
conditions, within 30 days of actual service termination, or make no 
subsequent attempt to remove it or to restrict its use.
     In the Telecommunications Act of 1996, Congress directed that 
every broadcaster be given a second channel for digital operations. At 
the end of the transition, broadcasters' analog channels will be 
returned to the government. Congress set a target date of December 31, 
2006 for the end of the transition, although that date can be extended 
if

[[Page 66651]]

85% of viewers in a particular market do not have access to the digital 
signals. In addition, at the end of the transition the broadcast 
spectrum will contract from channels 2-69 to channels 2-51. This 108 
MHz of spectrum (channels 52-69) can then be used by advanced wireless 
services and public safety authorities. There are several key building 
blocks to a successful transition. First, content - consumers must 
perceive something significantly different than what they have in 
analog. Second, distribution - the content must be delivered to 
consumers in a simple and convenient way. Third, equipment - equipment 
must be capable, affordable and consumer-friendly. And fourth, 
education - consumers must be educated about what digital television 
is, and what it can do for them. These information requests are 
designed to gather data in these key areas.

Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. E9-29861 Filed 12-15-09; 8:45 am]
BILLING CODE: 6712-01-S