[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Notices]
[Pages 23762-23763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10409]


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FEDERAL COMMUNICATIONS COMMISSION


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

April 28, 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 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 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 currently valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before June 3, 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]. To view 
a copy of this information collection request (ICR) submitted to OMB: 
(1) Go to the web page http://reginfo.gov/public/do/PRAMain, (2) look 
for the section of the web page called

[[Page 23763]]

``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 list of FCC ICRs currently under review appears, look for the 
title of this ICR (or its OMB Control Number, if there is one) and then 
click on the ICR Reference Number to view detailed information about 
this ICR.

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

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-1103.
    Title: Section 76.41, Franchise Application Process.
    Type of Review: Extension of a currently approved collection.
    Form Number: N/A.
    Respondents: Business or other for profit entities; State, local or 
tribal government.
    Number of Respondents and Responses: 6,006 respondents; 24,000 
responses.
    Estimated Hours per Response: 0.5 to 4 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 54,000 hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 47 
USC 151, 152, 154(i), 157nt, 201, 531, 541 and 542.
    Confidentiality: No need for confidentiality required with this 
collection of information.
    Needs and Uses: The Commission adopted on December 20, 2006 a 
Report and Order In the Matter of Implementation of Section 621(a)(1) 
of the Cable Communications Policy Act of 1984 as amended by the Cable 
Television Consumer Protection and Competition Act of 1992 (``R&O''), 
FCC 06-180, MB Docket 05-311. This R&O provides rules and guidance to 
implement Section 621 of the Communications Act of 1934, as amended. 
Section 621 of the Communications Act prohibits franchising authorities 
from unreasonably refusing to award competitive franchises for the 
provision of cable services. The Commission has found that the current 
franchising process constitutes an unreasonable barrier to entry for 
competitive entrants that impede enhanced cable competition and 
accelerated broadband deployment. The information collection 
requirements adopted as a result of FCC 06-180 are as follows:
    47 CFR 76.41(b) requires a competitive franchise applicant to 
include the following information in writing in its franchise 
application, in addition to any information required by applicable 
state and local laws: (1) the applicant's name; (2) the names of the 
applicant's officers and directors; (3) the business address of the 
applicant; (4) the name and contact information of a designated contact 
for the applicant; (5) a description of the geographic area that the 
applicant proposes to serve; (6) the PEG channel capacity and capital 
support proposed by the applicant; (7) the term of the agreement 
proposed by the applicant; (8) whether the applicant holds an existing 
authorization to access the public rights-of-way in the subject 
franchise service area; (9) the amount of the franchise fee the 
applicant offers to pay; and (10) any additional information required 
by applicable state or local laws.
    47 CFR 76.41 (d) states when a competitive franchise applicant 
files a franchise application with a franchising authority and the 
applicant has existing authority to access public rights-of-way in the 
geographic area that the applicant proposes to serve, the franchising 
authority grant or deny the application within 90 days of the date the 
application is received by the franchising authority. If a competitive 
franchise applicant does not have existing authority to access public 
rights-of-way in the geographic area that the applicant proposes to 
serve, the franchising authority must perform grant or deny the 
application within 180 days of the date the application is received by 
the franchising authority. A franchising authority and a competitive 
franchise applicant may agree in writing to extend the 90-day or 180-
day deadline, whichever is applicable.


Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-10409 Filed 5-3-10; 8:45 am]
BILLING CODE 6712-01-S