[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Pages 20352-20355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8818]


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FEDERAL COMMUNICATIONS COMMISSION


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

April 9, 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 collection, as required by the Paperwork 
Reduction Act (PRA) of 1995, 44 U.S.C. 3501 - 3520. 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

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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 collection 
burden on 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 currently valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before June 18, 2010. If you anticipate that you will 
be submitting PRA comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via fax at 202-395-5167 or via email to 
[email protected] and to the Federal Communications 
Commission via email to [email protected] and [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Cathy Williams on (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0700.
    Title: Open Video Systems Provisions, FCC Form 1275.
    Form Number: FCC Form 1275.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; State, Local or 
Tribal Government.
    Number of Respondents and Responses: 280 respondents and 4,672 
responses.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping and third party disclosure requirements.
    Estimated Time per Response: 0.25 to 20 hours.
    Total Annual Burden: 9,855 hours.
    Total Annual Costs: None.
    Privacy Impact Assessment: No impact(s).
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 302 of 
the Communications Act of 1934, as amended.
    Confidentiality: No need for confidentiality required with this 
collection of information.
    Needs and Uses: Section 302 of the 1996 Telecommunications Act 
provides for specific entry options for telephone companies wishing to 
enter the video programming marketplace, one option being to provide 
cable service over an ``open video system'' (``OVS''). The following 
information collection requirements listed below are covered under 
information collection 3060-0700.
    47 CFR 76.1502(a) states an operator of an open video system must 
certify to the Commission that it will comply with the Commission's 
regulations in 47 CFR 76.1503, 76.1504, 76.1506, 76.1508, 76.1509, and 
76.1513. The Commission must approve such certification prior to the 
commencement of service at such a point in time that would allow the 
applicant sufficient time to comply with the Commission's notification 
requirements.
    47 CFR 76.1502(b) states that certifications must be verified by an 
officer or director of the applicant, stating that, to the best of his 
or her information and belief, the representations made therein are 
accurate.
    47 CFR 75.1502(c) require that certifications must be filed on FCC 
Form 1275 and must include:
    (1) The applicant's name, address and telephone number;
    (2) A statement of ownership, including all affiliated entities;
    (3) If the applicant is a cable operator applying for certification 
in its cable franchise area, a statement that the applicant is 
qualified to operate an open video system under Section 76.1501.
    (4) A statement that the applicant agrees to comply and to remain 
in compliance with each of the Commission's regulations in 
Sec. Sec. 76.1503, 76.1504, 76.1506, 76.1508, 76.1509, and 76.1513;
    (5) If the applicant is required under 47 CFR 64.903(a) to file a 
cost allocation manual, a statement that the applicant will file 
changes to its manual at least 60 days before the commencement of 
service;
    (6) A list of the names of the anticipated local communities to be 
served upon completion of the system;
    (7) The anticipated amount and type (i.e., analog or digital) of 
capacity (for switched digital systems, the anticipated number of 
available channel input ports); and
    (8) A statement that the applicant will comply with the 
Commission's notice and enrollment requirements for unaffiliated video 
programming providers.
    47 CFR 76.1502(d)(1) requires that on or before the date an FCC 
Form 1275 is filed with the Commission, the applicant must serve a copy 
of its filing on all local communities identified and must include a 
statement informing the local communities of the Commission's 
requirements for filing oppositions and comments. Service by mail is 
complete upon mailing, but if mailed, the served documents must be 
postmarked at least 3 days prior to the filing of the FCC Form 1275 
with the Commission.
    47 CFR 76.1502(d)(2) states that parties are required to attach a 
cover sheet to the filing indicating that the submission is an open 
video system certification application. The only wording on this cover 
sheet shall be ``Open Video System Certification Application'' and 
``Attention: Media Bureau.'' This wording shall be located in the 
center of the page and should be in letters at least 1/2 inch in size. 
Parties shall also include the words ``open video systems'' on their 
mailing envelope.
    47 CFR 76.1502(e)(1) requires that comments or oppositions to a 
certification must be filed within five calendar days of the 
Commission's receipt of the certification and must be served on the 
party that filed the certification. If, after making the necessary 
calculations, the due date for filing comments falls on a holiday, 
comments shall be filed on the next business day before noon, unless 
the nearest business day precedes the fifth calendar day following a 
filing, in which case the comments will be due on the preceding 
business day.
    47 CFR 76.1502(e)(2) requires parties wishing to respond to a FCC 
Form 1275 filing must submit comments or oppositions with the Office of 
the Secretary and the Bureau Chief, Media Bureau. Comments will not be 
considered properly filed unless filed with both of these Offices. 
Parties are required to attach a cover sheet to the filing indicating 
that the submission is a pleading related to an open video system 
application, the only wording on this cover sheet shall be ``Open Video 
System Certification Application Comments.'' This wording shall be 
located in the center of the page and should be in letters at least 1/2 
inch in size. Parties shall also include the words ``open video 
systems'' on their mailing envelopes.
    47 CFR 76.1502(f) states if the Commission does not disapprove the 
certification application within ten days after receipt of an 
applicant's request, the certification application will be deemed 
approved. If disapproved, the applicant may file a revised 
certification or refile its original submission with a statement 
addressing the issues in dispute. Such refilings must be served on any 
objecting party or parties and on

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all local communities in which the applicant intends to operate. The 
Commission will consider any revised or refiled FCC Form 1275 to be a 
new proceeding and any party who filed comments regarding the original 
FCC Form 1275 will have to refile their original comments if they think 
such comments should be considered in the subsequent proceeding.
    47 CFR 76.1503(b)(1) states an open video system operator shall 
file with the Secretary of the Federal Communications Commission a 
``Notice of Intent'' to establish an open video system, which the 
Commission will release in a Public Notice. Parties are required to 
attach a cover sheet to the filing indicating that the submission is an 
Open Video System Notice of Intent. The only wording on this cover 
sheet shall be ``Open Video System Notice of Intent'' and ``Attention: 
Media Bureau.'' This wording shall be located in the center of the page 
and should be in letters at least 1/2 inch in size. Parties shall also 
include the words ``open video systems'' on their mailing envelopes. 
Parties must submit copies of the Notice of Intent with the Office of 
the Secretary and the Bureau Chief, Media Bureau.
    47 CFR 76.1503(b)(2) states that an open video system operator 
shall provide the following information to a video programming provider 
within five business days of receiving a written request from the 
provider, unless otherwise included in the Notice of Intent:
    (i) The projected activation date of the open video system. If a 
system is to be activated in stages, the operator should describe the 
respective stages and the projected dates on which each stage will be 
activated;
    (ii) A preliminary carriage rate estimate;
    (iii) The information a video programming provider will be required 
to provide to qualify as a video programming provider, e.g., 
creditworthiness;
    (iv) Technical information that is reasonably necessary for 
potential video programming providers to assess whether to seek 
capacity on the open video system, including what type of customer 
premises equipment subscribers will need to receive service;
    (v) Any transmission or reception equipment needed by a video 
programming provider to interface successfully with the open video 
system; and
    (vi) The equipment available to facilitate the carriage of 
unaffiliated video programming and the electronic form(s) that will be 
accepted for processing and subsequent transmission through the system.
    47 CFR 76.1504(d) states complaints regarding rates shall be 
limited to video programming providers that have sought carriage on the 
open video system. If a video programming provider files a complaint 
against an open video system operator meeting the above just and 
reasonable rate presumption, the burden of proof will rest with the 
complainant. If a complaint is filed against an open video system 
operator that does not meet the just and reasonable rate presumption, 
the open video system operator will bear the burden of proof to 
demonstrate, using the principles set forth below, that the carriage 
rates subject to the complaint are just and reasonable.
    47 CFR 76.1504(e) states how reasonable rates subject to complaints 
are determined and what tests must be met for such determinations.
    47 CFR 76.1505(d)(8) states the open video system operator and/or 
the local franchising authority may file a complaint with the 
Commission, pursuant to our dispute resolution procedures set forth in 
Sec.  76.1514, if the open video system operator and the local 
franchising authority cannot agree as to the application of the 
Commission's rules regarding the open video system operator's public, 
educational and governmental access obligations under paragraph (d) of 
this section.
    47 CFR 76.1506(l)(2) states must-carry/retransmission consent 
election notifications shall be sent to the open video system operator. 
An open video system operator shall make all must-carry/retransmission 
consent election notifications received available to the appropriate 
programming providers on its system.
    (3) Television broadcast stations are required to make the same 
election for open video systems and cable systems serving the same 
geographic area, unless the overlapping open video system is unable to 
deliver appropriate signals in conformance with the broadcast station's 
elections for all cable systems serving the same geographic area.
    (4) An open video system commencing new operations shall notify all 
local commercial and noncommercial broadcast stations as required under 
paragraph (l) of this section on or before the date on which it files 
with the Commission its Notice of Intent to establish an open video 
system.
    47 CFR 76.1506(m)(2) states that notification of programming to be 
deleted pursuant to this section shall be served on the open video 
system operator. The open video system operator shall make all 
notifications immediately available to the appropriate video 
programming providers on its open video system. Operators may effect 
the deletion of signals for which they have received deletion notices 
unless they receive notice within a reasonable time from the 
appropriate programming provider that the rights claimed are invalid. 
The open video system operator shall not delete signals for which it 
has received notice from the programming provider that the rights 
claimed are invalid. An open video system operator shall be subject to 
sanctions for any violation of this subpart. An open video system 
operator may require indemnification as a condition of carriage for any 
sanctions it may incur in reliance on a programmer's claim that certain 
exclusive or non-duplication rights are invalid.
    47 CFR 76.1508(c) states any provision of Sec.  76.94 that refers 
to a ``cable system operator'' or ``cable television system operator'' 
shall apply to an open video system operator. Any provision of Sec.  
76.94 that refers to a ``cable system'' or ``cable television system'' 
shall apply to an open video system except Sec.  76.94 (e) and (f) 
which shall apply to an open video system operator. Open video system 
operators shall make all notifications and information regarding the 
exercise of network non-duplication rights immediately available to all 
appropriate video programming provider on the system. An open video 
system operator shall not be subject to sanctions for any violation of 
these rules by an unaffiliated program supplier if the operator 
provided proper notices to the program supplier and subsequently took 
prompt steps to stop the distribution of the infringing program once it 
was notified of a violation.
    47 CFR 76.1509(c) states any provision of Sec.  76.155 that refers 
to a ``cable system operator'' or ``cable television system operator'' 
shall apply to an open video system operator. Any provision of Sec.  
76.155 that refers to a ``cable system'' or ``cable television system'' 
shall apply to an open video system except Sec.  76.155(c) which shall 
apply to an open video system operator. Open video system operators 
shall make all notifications and information regarding exercise of 
syndicated program exclusivity rights immediately available to all 
appropriate video programming provider on the system. An open video 
system operator shall not be subject to sanctions for any violation of 
these rules by an unaffiliated program supplier if the operator 
provided proper notices to the program supplier and

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subsequently took prompt steps to stop the distribution of the 
infringing program once it was notified of a violation.
    47 CFR 76.1513(a) states any party aggrieved by conduct that it 
believes constitute a violation of the regulations set forth in this 
part or in section 653 of the Communications Act (47 U.S.C. 573) may 
commence an adjudicatory proceeding at the Commission to obtain 
enforcement of the rules through the filing of a complaint. The 
Commission shall resolve any such dispute within 180 days after the 
filing of a complaint. The complaint shall be filed and responded to in 
accordance with the procedures specified in Sec.  76.7 of this part 
with the following additions or changes.
    47 CFR 76.1513(b) requires 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 76.1513(c) states 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 
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 76.1513(d) states that in addition to the requirements of 
Sec.  76.7 of this part, an open video system complaint shall contain:
    (1) The type of entity that describes complainant (e.g., 
individual, private association, partnership, or corporation), the 
address and telephone number of the complainant, and the address and 
telephone number of each defendant;
    (2) If discrimination in rates, terms, and conditions of carriage 
is alleged, documentary evidence shall be submitted such as a 
preliminary carriage rate estimate or a programming contract that 
demonstrates a differential in price, terms or conditions between 
complainant and a competing video programming provider or, if no 
programming contract or preliminary carriage rate estimate is submitted 
with the complaint, an affidavit signed by an officer of complainant 
alleging that a differential in price, terms or conditions exists, a 
description of the nature and extent (if known or reasonably estimated 
by the complainant) of the differential, together with a statement that 
defendant refused to provide any further specific comparative 
information;
    Note to paragraph (d)(2): Upon request by a complainant, the 
preliminary carriage rate estimate shall include a calculation of the 
average of the carriage rates paid by the unaffiliated video 
programming providers receiving carriage from the open video system 
operator, including the information needed for any weighting of the 
individual carriage rates that the operator has included in the average 
rate.
    (3) If a programming contract or a preliminary carriage rate 
estimate is submitted with the complaint in support of the alleged 
violation, specific references to the relevant provisions therein.
    (4) The complaint must be accompanied by appropriate evidence 
demonstrating that the required notification pursuant to paragraph (c) 
of this section has been made.
    47 CFR 76.1513(e)(1) requires that any open video system operator 
upon which a complaint is served under this section shall answer within 
thirty (30) days of service of the complaint, unless otherwise directed 
by the Commission.
    47 CFR 76.1513(e)(2) states that an answer to a discrimination 
complaint shall state the reasons for any differential in prices, terms 
or conditions between the complainant and its competitor, and shall 
specify the particular justification relied upon in support of the 
differential. Any documents or contracts submitted pursuant to this 
paragraph may be protected as proprietary pursuant to Sec.  76.9 of 
this part.
    47 CFR 76.1513(f) states that 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 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 the following events occurs:
    (1) The open video system operator enters into a contract with the 
complainant that the complainant alleges to violate one or more of the 
rules contained in this part; or
    (2) The open video system operator offers to carry programming for 
the complainant pursuant to terms that the complainant alleges to 
violate one or more of the rules contained in this part, and such offer 
to carry programming is unrelated to any existing contract between the 
complainant and the open video system operator; or
    (3) The complainant has notified an open video system operator that 
it intends to file a complaint with the Commission based on a request 
for such operator to carry the complainant's programming on its open 
video system that has been denied or unacknowledged, allegedly in 
violation of one or more of the rules contained in this part.


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary,
Office of Managing Director.

[FR Doc. 2010-8818 Filed 4-16-10; 8:45 am]
BILLING CODE: 6712-01-S