[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