[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10263-10267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4670]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collections Being Reviewed by the
Federal Communications Commission, Comments Requested
02/26/2010.
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 collections, 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; (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 and (e) ways to further reduce the information burden for
small business concerns with fewer than 25 employees.
The FCC 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.
DATES: Persons wishing to comment on this information collection(s)
should submit comments by May 4, 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 e-mail
to [email protected] and to Cathy Williams, Federal
Communications Commission (FCC), via e-mail to [email protected]
and to [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collections send an e-mail to [email protected] or contact Cathy
Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0888.
Title: Section 76.7, Petition Procedures; Section 76.9,
Confidentiality of Proprietary Information; Section 76.61, Dispute
Concerning Carriage; Section 76.914, Revocation of Certification;
Section 76.1001, Unfair Practices; Section 76.1003, Program Access
Proceedings; Section 76.1302, Carriage Agreement Proceedings; Section
76.1513, Open Video Dispute Resolution.
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Businesses or other for-profit.
Number of Respondents and Responses: 640 respondents; 640
responses.
Estimated Time per Response: 4.1 to 61.4 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information is contained in Sections 4(i),
303(r) and 628 of the Communications Act of 1934, as amended.
Total Annual Burden: 20,960 hours
Total Annual Cost: $393,600.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: A party that wishes to have
confidentiality for proprietary information with respect to a
submission it is making to the Commission must file a petition pursuant
to the pleading requirements in Section 76.7 and use the method
described in Sections 0.459 and 76.9 to demonstrate that
confidentiality is warranted.
On January 20, 2010, the Commission adopted a First Report and
Order In the Matter of Review of the Commission's Program Access Rules
and Examination of Programming Tying Arrangements, MB Docket No. 07-
198, FCC 10-17. In the First Report and Order, the Commission
establishes rules, policies, and procedures for the consideration of
complaints alleging unfair acts involving terrestrially delivered,
cable-affiliated programming in violation of Section 628(b) of the
Communications Act. The Commission also establishes procedures for the
consideration of requests for a temporary standstill of the price,
terms, and other conditions of an existing programming contract by a
program access complainant seeking renewal of such a contract.
The following rule sections contain revised information collection
requirements that the Commission is seeking approval for from the
Office of Management and Budget (OMB):
47 CFR Section 76.1001(b)(2) permits any multichannel video
programming distributor to commence an adjudicatory proceeding by
filing a complaint with the Commission alleging that a cable operator,
a satellite cable programming vendor in which a cable operator has an
attributable interest, or a satellite broadcast programming vendor, has
engaged in an unfair act involving terrestrially delivered, cable-
affiliated programming (which, as defined in this R&O, includes
exclusive contracts, discrimination, and undue or improper influence),
which must be filed and responded to in accordance with the procedures
specified in Section 76.7, except to the extent such procedures are
modified by Sections 76.1001(b)(2) and 76.1003. In program access cases
involving terrestrially delivered, cable-affiliated programming, the
defendant has 45 days from the date of service of the complaint to file
an answer, unless otherwise directed by the Commission. A complainant
shall have the burden of proof that the
[[Page 10264]]
defendant's alleged conduct has the purpose or effect of hindering
significantly or preventing the complainant from providing satellite
cable programming or satellite broadcast programming to subscribers or
consumers; an answer to such a complaint shall set forth the
defendant's reasons to support a finding that the complainant has not
carried this burden. In addition, a complainant alleging that a
terrestrial cable programming vendor has engaged in discrimination
shall have the burden of proof that the terrestrial cable programming
vendor is wholly owned by, controlled by, or under common control with
a cable operator or cable operators, satellite cable programming vendor
or vendors in which a cable operator has an attributable interest, or
satellite broadcast programming vendor or vendors; an answer to such a
complaint shall set forth the defendant's reasons to support a finding
that the complainant has not carried this burden. In addition, the R&O
provides that a complainant that wants a currently pending complaint
involving terrestrially delivered, cable-affiliated programming
considered under the rules adopted in the R&O must submit a
supplemental filing alleging that the defendant has engaged in an
unfair act after the effective date of the rules. In such case, the
complaint and supplement will be considered pursuant to the rules
adopted in the R&O and the defendant will have an opportunity to answer
the supplemental filing, as set forth in the rules.
47 CFR Section 76.1003(c)(3) requires a program access complaint to
contain evidence that the complainant competes with the defendant cable
operator, or with a multichannel video programming distributor that is
a customer of the defendant satellite cable programming or satellite
broadcast programming vendor or a terrestrial cable programming vendor
alleged to have engaged in conduct described in Section 76.1001(b)(1).
47 CFR Section 76.1003(l) permits a program access complainant
seeking renewal of an existing programming contract to file a petition
along with its complaint requesting a temporary standstill of the
price, terms, and other conditions of the existing programming contract
pending resolution of the complaint, to which the defendant will have
the opportunity to respond within 10 days of service of the petition,
unless otherwise directed by the Commission.
The following rule sections are also covered in this information
collection but do not require additional OMB approval since the
requirements have not changed since last approved by OMB:
47 CFR Section 76.7. Pleadings seeking to initiate FCC action must
adhere to the requirements of Section 76.6 (general pleading
requirements) and Section 76.7 (initiating pleading requirements).
Section 76.7 is used for numerous types of petitions and special relief
petitions, including general petitions seeking special relief, waivers,
enforcement, show cause, forfeiture and declaratory ruling procedures.
47 CFR Section 76.9. A party that wishes to have confidentiality
for proprietary information with respect to a submission it is making
to the FCC must file a petition pursuant to the pleading requirements
in Section 76.7 and use the method described in Sections 0.459 and 76.9
to demonstrate that confidentiality is warranted. The petitions filed
pursuant to this provision are contained in the existing information
collection requirement and are not changed by the rule changes.
47 CFR Section 76.61(a) permits a local commercial television
station or qualified low power television station that is denied
carriage or channel positioning or repositioning in accordance with the
must-carry rules by a cable operator to file a complaint with the FCC
in accordance with the procedures set forth in Section 76.7. Section
76.61(b) permits a qualified local noncommercial educational television
station that believes a cable operator has failed to comply with the
FCC's signal carriage or channel positioning requirements (Sections
76.56 through 76.57) to file a complaint with the FCC in accordance
with the procedures set forth in Section 76.7.
47 CFR Section 76.61(a)(1) states that whenever a local commercial
television station or a qualified low power television station believes
that a cable operator has failed to meet its carriage or channel
positioning obligations, pursuant to Section 76.56, such station shall
notify the operator, in writing, of the alleged failure and identify
its reasons for believing that the cable operator is obligated to carry
the signal of such station or position such signal on a particular
channel.
47 CFR Section 76.61(a)(2) states that the cable operator shall,
within 30 days of receipt of such written notification, respond in
writing to such notification and either commence to carry the signal of
such station in accordance with the terms requested or state its
reasons for believing that it is not obligated to carry such signal or
is in compliance with the channel positioning and repositioning and
other requirements of the must-carry rules. If a refusal for carriage
is based on the station's distance from the cable system's principal
headend, the operator's response shall include the location of such
headend. If a cable operator denies carriage on the basis of the
failure of the station to deliver a good quality signal at the cable
system's principal headend, the cable operator must provide a list of
equipment used to make the measurements, the point of measurement and a
list and detailed description of the reception and over-the-air signal
processing equipment used, including sketches such as block diagrams
and a description of the methodology used for processing the signal at
issue, in its response.
47 CFR Section 76.914(c) permits a cable operator seeking
revocation of a franchising authority's certification to file a
petition with the FCC in accordance with the procedures set forth in
Section 76.7.
47 CFR Section 76.1003(a) permits any multichannel video
programming distributor (MVPD) aggrieved by conduct that it believes
constitute a violation of the FCC's competitive access to cable
programming rules to commence an adjudicatory proceeding at the FCC to
obtain enforcement of the rules through the filing of a complaint,
which must be filed and responded to in accordance with the procedures
specified in Section 76.7, except to the extent such procedures are
modified by Section 76.1003.
47 CFR Section 76.1003(b) requires any aggrieved MVPD intending to
file a complaint under this section to first notify the potential
defendant cable operator, and/or the potential defendant satellite
cable programming vendor or satellite broadcast programming vendor,
that it intends to file a complaint with the Commission based on
actions alleged to violate one or more of the provisions contained in
Sections 76.1001 or 76.1002 of this part. The notice must be
sufficiently detailed so that its recipient(s) can determine the nature
of the potential complaint. The potential complainant must allow a
minimum of ten (10) days for the potential defendant(s) to respond
before filing a complaint with the Commission.
47 CFR Section 76.1003(c) describes the required contents of a
program access complaint, in addition to the requirements of Section
76.7 of this part.
47 CFR Section 76.1003(d) states that, in a case where recovery of
damages is sought, the complaint shall contain a clear and unequivocal
request for damages and appropriate allegations in support of such
claim.
47 CFR Section 76.1003(e)(1) requires cable operators, satellite
cable
[[Page 10265]]
programming vendors, or satellite broadcast programming vendors whom
expressly reference and rely upon a document in asserting a defense to
a program access complaint filed or in responding to a material
allegation in a program access complaint filed pursuant to Section
76.1003, to include such document or documents, such as contracts for
carriage of programming referenced and relied on, as part of the
answer. Except as otherwise provided or directed by the Commission, any
cable operator, satellite cable programming vendor or satellite
broadcast programming vendor upon which a program access complaint is
served under this section shall answer within twenty (20) days of
service of the complaint.
47 CFR Section 76.1003(e)(2) requires an answer to an exclusivity
complaint to provide the defendant's reasons for refusing to sell the
subject programming to the complainant. In addition, the defendant may
submit its programming contracts covering the area specified in the
complaint with its answer to refute allegations concerning the
existence of an impermissible exclusive contract. If there are no
contracts governing the specified area, the defendant shall so certify
in its answer. Any contracts submitted pursuant to this provision may
be protected as proprietary pursuant to Section 76.9 of this part.
47 CFR Section 76.1003(e)(3) requires an answer to a discrimination
complaint to state the reasons for any differential in prices, terms or
conditions between the complainant and its competitor, and to specify
the particular justification set forth in Section 76.1002(b) of this
part relied upon in support of the differential.
47 CFR Section 76.1003(e)(4) requires an answer to a complaint
alleging an unreasonable refusal to sell programming to state the
defendant's reasons for refusing to sell to the complainant, or for
refusing to sell to the complainant on the same terms and conditions as
complainant's competitor, and to specify why the defendant's actions
are not discriminatory.
47 CFR Section 76.1003(f) provides that, within fifteen (15) days
after service of an answer, unless otherwise directed by the
Commission, the complainant may file and serve a reply which shall be
responsive to matters contained in the answer and shall not contain new
matters.
47 CFR Section 76.1003(g) states that any complaint filed pursuant
to this subsection must be filed within one year of the date on which
one of three specified events occurs.
47 CFR Section 76.1003(h) sets forth the remedies that are
available for violations of the program access rules, which include the
imposition of damages, and/or the establishment of prices, terms, and
conditions for the sale of programming to the aggrieved multichannel
video programming distributor, as well as sanctions available under
title V or any other provision of the Communications Act.
47 CFR Section 76.1003(j) states in addition to the general
pleading and discovery rules contained in Section 76.7 of this part,
parties to a program access complaint may serve requests for discovery
directly on opposing parties, and file a copy of the request with the
Commission. The respondent shall have the opportunity to object to any
request for documents that are not in its control or relevant to the
dispute. Such request shall be heard, and determination made, by the
Commission. Until the objection is ruled upon, the obligation to
produce the disputed material is suspended. Any party who fails to
timely provide discovery requested by the opposing party to which it
has not raised an objection as described above, or who fails to respond
to a Commission order for discovery material, may be deemed in default
and an order may be entered in accordance with the allegations
contained in the complaint, or the complaint may be dismissed with
prejudice.
47 CFR Section 76.1302(a) states that any video programming vendor
or multichannel video programming distributor aggrieved by conduct that
it believes constitute a violation of the regulations set forth in this
subpart may commence an adjudicatory proceeding at the Commission to
obtain enforcement of the rules through the filing of a complaint.
47 CFR Section 76.1302(b) states that any aggrieved video
programming vendor or multichannel video programming distributor
intending to file a complaint under this section must first notify the
potential defendant multichannel video programming distributor that it
intends to file a complaint with the Commission based on actions
alleged to violate one or more of the provisions contained in Section
76.1301 of this part. The notice must be sufficiently detailed so that
its recipient(s) can determine the specific nature of the potential
complaint. The potential complainant must allow a minimum of ten (10)
days for the potential defendant(s) to respond before filing a
complaint with the Commission.
47 CFR Section 76.1302(c) specifies the content of carriage
agreement complaints.
47 CFR Section 76.1302(d) states that any multichannel video
programming distributor upon which a carriage agreement complaint is
served under this section shall answer within thirty (30) days of
service of the complaint, unless otherwise directed by the Commission.
The answer shall address the relief requested in the complaint,
including legal and documentary support, for such response, and may
include an alternative relief proposal without any prejudice to any
denials or defenses raised.
47 CFR Section 76.1302(e) states that within twenty (20) days after
service of an answer, unless otherwise directed by the Commission, the
complainant may file and serve a reply which shall be responsive to
matters contained in the answer and shall not contain new matters.
47 CFR Section 76.1302(f) states that any complaint filed pursuant
to this subsection must be filed within one year of the date on which
one of three events occurs.
47 CFR Section 76.1302(g)(1) states that upon completion of such
adjudicatory proceeding, the Commission shall order appropriate
remedies, including, if necessary, mandatory carriage of a video
programming vendor's programming on defendant's video distribution
system, or the establishment of prices, terms, and conditions for the
carriage of a video programming vendor's programming.
47 CFR Section 76.1513(a) permits any party aggrieved by conduct
that it believes constitute a violation of the FCC's regulations or in
section 653 of the Communications Act (47 U.S.C. 573) to commence an
adjudicatory proceeding at the Commission to obtain enforcement of the
rules through the filing of a complaint, which must be filed and
responded to in accordance with the procedures specified in Section
76.7, except to the extent such procedures are modified by Section
76.1513.
47 CFR Section 76.1513(b) provides that an open video system
operator may not provide in its carriage contracts with programming
providers that any dispute must be submitted to arbitration, mediation,
or any other alternative method for dispute resolution prior to
submission of a complaint to the Commission.
47 CFR Section 76.1513(c) requires that any aggrieved party
intending to file a complaint under this section must first notify the
potential defendant open video system operator that it intends to file
a complaint with the Commission based on actions alleged to violate one
[[Page 10266]]
or more of the provisions contained in this part or in Section 653 of
the Communications Act. The notice must be in writing and must be
sufficiently detailed so that its recipient(s) can determine the
specific nature of the potential complaint. The potential complainant
must allow a minimum of ten (10) days for the potential defendant(s) to
respond before filing a complaint with the Commission.
47 CFR Section 76.1513(d) describes the contents of an open video
system complaint.
47 CFR Section 76.1513(e) addresses answers to open video system
complaints.
47 CFR Section 76.1513(f) states within twenty (20) days after
service of an answer, the complainant may file and serve a reply which
shall be responsive to matters contained in the answer and shall not
contain new matters.
47 CFR Section 76.1513(g) requires that any complaint filed
pursuant to this subsection must be filed within one year of the date
on which one of three events occurs.
47 CFR Section 76.1513(h) states that upon completion of the
adjudicatory proceeding, the Commission shall order appropriate
remedies, including, if necessary, the requiring carriage, awarding
damages to any person denied carriage, or any combination of such
sanctions. Such order shall set forth a timetable for compliance, and
shall become effective upon release.
OMB Control Number: 3060-1034.
Title: Digital Audio Broadcasting Systems and their Impact on the
Terrestrial Radio Broadcast Service; Digital Notification Form, FCC
Form 335.
Form Number: FCC Form 335.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1,310 respondents; 1,310
responses.
Estimated Time per Response: 1- 8 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Sections 154(i), 303, 310 and 533 of the Communications Act of 1934, as
amended.
Total Annual Burden: 1,780 hours.
Total Annual Cost: $606,500.
Privacy 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 January 29, 2010, the Commission released the
Order, Digital Audio Broadcasting Systems and Their Impact on the
Terrestrial Radio Broadcast Service (``Order''), DA 10-208, MM Docket
99-325. The Order will allow:
(1) Eligible authorized FM stations to commence operation of FM
digital facilities with operating power up to -14 dB upon notice to the
Commission on either Form 335 (the licensee of a super-powered FM
station must file an informal request for any increase in the station's
FM Digital ERP).
(2) Licensees to submit an application to the Media Bureau, in the
form of an informal request, for any increase in FM Digital ERP beyond
6 dB.
(3) Licensees submitting such a request must use a simplified
method set forth in the Order to determine the proponent station's
maximum permissible FM Digital ERP.
(4) In situations where the simplified method is not applicable due
to unusual terrain or other environmental or technical considerations
or when it produces anomalous FM Digital ERP results, the Bureau will
accept applications for FM Digital ERP in excess of -14 dB on a case-
by-case basis when accompanied by a detailed showing containing a
complete explanation of the prediction methodology used as well as
data, maps and sample calculations.
(5) Finally, the Order implements interference mitigation and
remediation procedures to resolve promptly allegations of digital
interference to an authorized FM analog facility resulting from an FM
Digital ERP power increase undertaken pursuant to the procedures
adopted in the Order. Pursuant to these procedures, the affected analog
FM station may file an interference complaint with the Bureau. In order
to be considered by the Bureau, the complaint must contain at least six
reports of ongoing (rather than transitory) objectionable interference.
For each report of interference, the affected FM licensee must submit a
map showing the location of the reported interference and a detailed
description of the nature and extent of the interference being
experienced at that location. Interference reports at locations outside
a station's protected analog contour will not be considered. The
complaint must also contain a complete description of the tests and
equipment used to identity the alleged interference and the scope of
the unsuccessful efforts to resolve the interference.
The following rule sections contain information collection
requirements that have been approved by OMB and do not require any
additional OMB approval because they did not change since last approved
by OMB:
47 CFR 73.404(b) states in situations where interference to other
stations is anticipated or actually occurs, AM licensees may, upon
notification to the Commission, reduce the power of the primary Digital
Audio Broadcasting (DAB) sidebands by up to 6 dB. Any greater reduction
of sideband power requires prior authority from the Commission via the
filing of a request for special temporary authority or an informal
letter request for modification of license.
47 CFR 73.404(e) states licensees (commercial and noncommercial AM
and FM radio stations) must provide notification to the Commission in
Washington, DC, within 10 days of commencing in-band, on channel (IBOC)
digital operation. The notification must include the following
information:
(1) Call sign and facility identification number of the station;
(2) Date on which IBOC operation commenced;
(3) Certification that the IBOC DAB facilities conform to
permissible hybrid specifications;
(4) Name and telephone number of a technical representative the
Commission can call in the event of interference;
(5) FM digital effective radiated power used and certification that
the FM analog effective radiated power remains as authorized;
(6) Transmitter power output; if separate analog and digital
transmitters are used, the power output for each transmitter;
(7) If applicable, any reduction in an AM station's primary
digital carriers;
(8) If applicable, the geographic coordinates, elevation data, and
license file number of the auxiliary antenna employed by an FM station
as a separate digital antenna;
(9) If applicable, for FM systems employing interleaved antenna
bays, a certification that adequate filtering and/or isolation
equipment has been installed to prevent spurious emissions in excess of
the limits specified in Section 73.317;
(10) A certification that the operation will not cause human
exposure to levels of radio frequency radiation in excess of the limits
specified in Section 1.1310 of the Commission's rules and is therefore
categorically excluded from environmental processing pursuant to
Section 1306(b). Any station that cannot certify compliance must submit
an environmental assessment (''EA'')
[[Page 10267]]
pursuant to Section 1.1311 and may not commence IBOC operation until
such EA is ruled upon by the Commission.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2010-4670 Filed 3-4-10; 8:45 am]
BILLING CODE 6712-01-S