[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Rules and Regulations]
[Pages 6479-6481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2910]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 76

[MB Docket No. 07-42; FCC 11-119]


Leased Commercial Access; Development of Competition and 
Diversity in Video Programming Distribution and Carriage

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's rules 
contained in the Second Report and Order, FCC 11-119, pertaining to 
carriage of video programming vendors by multichannel video programming 
distributors (program carriage rules). This notice is consistent with 
the Secord Report and Order, which stated that the Commission would 
publish a document in the Federal Register announcing the effective 
date of those rules.

DATES: The amendments to 47 CFR 1.221(h), 1.229(b)(3), 1.229(b)(4), 
1.248(a), 1.248(b), 76.7(g)(2), 76.1302(c)(1), 76.1302(d), 
76.1302(e)(1), and 76.1302(k) published at 76 FR 60652, September 29, 
2011, are effective on February 8, 2012.

FOR FURTHER INFORMATION CONTACT: Cathy Williams at (202) 418-2918, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on January 30, 
2012, OMB approved, for a period of three years, the information 
collection requirements relating to the program carriage rules 
contained in the Commission's Second Report and Order, FCC 11-119, 
published at 76 FR 60652, September 29, 2011. The OMB Control Number is 
3060-0888. The Commission publishes this notice as an announcement of 
the effective date of the rules. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the

[[Page 6480]]

collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street SW., Washington, DC 20554. Please include the OMB Control 
Number, 3060-0888, in your correspondence. The Commission will also 
accept your comments via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on January 30, 2012, for the information collection 
requirements contained in the modifications to the Commission's rules 
in 47 CFR parts 1 and 76.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
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 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-0888.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0888.
    OMB Approval Dates: January 30, 2012.
    OMB Expiration Date: January 31, 2015.
    Title: Section 1.221, Notice of hearing; appearances; Section 1.229 
Motions to enlarge, change, or delete issues; Section 1.248 Prehearing 
conferences; hearing conferences; 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: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 668 respondents; 668 
responses.
    Estimated Time per Response: 6.1 to 90.5 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 collection is contained in 
Sections 4(i), 303(r), and 616 Communications Act of 1934, as amended.
    Total Annual Burden: 32,264 hours.
    Total Annual Cost: $2,705,400.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information (PII) 
from individuals.
    Needs and Uses: On August 1, 2011, the Commission adopted a Second 
Report and Order, Leased Commercial Access; Development of Competition 
and Diversity in Video Programming Distribution and Carriage, MB Docket 
No. 07-42, FCC 11-119. In the Second Report and Order, the Commission 
took initial steps to improve the procedures for addressing program 
carriage complaints by: (i) Codifying in the Commission's rules what a 
program carriage complainant must demonstrate in its complaint to 
establish a prima facie case of a program carriage violation; (ii) 
providing the defendant with 60 days (rather than the current 30 days) 
to file an answer to a program carriage complaint; (iii) establishing 
deadlines for action by the Media Bureau and Administrative Law Judges 
(``ALJ'') when acting on program carriage complaints; and (iv) 
establishing procedures for the Media Bureau's consideration of 
requests for a temporary standstill of the price, terms, and other 
conditions of an existing programming contract by a program carriage 
complainant seeking renewal of such a contract.
    The following rule sections contain new or revised information 
collection requirements and the Commission received final approval for 
the requirements from the Office of Management and Budget (OMB) on 
January 30, 2012:
    47 CFR 1.221(h) requires that, in a program carriage complaint 
proceeding filed pursuant to Section 76.1302 that the Chief, Media 
Bureau refers to an administrative law judge for an initial decision, 
each party, in person or by attorney, shall file a written appearance 
within five calendar days after the party informs the Chief 
Administrative Law Judge that it elects not to pursue alternative 
dispute resolution pursuant to Section 76.7(g)(2) or, if the parties 
have mutually elected to pursue alternative dispute resolution pursuant 
to Section 76.7(g)(2), within five calendar days after the parties 
inform the Chief Administrative Law Judge that they have failed to 
resolve their dispute through alternative dispute resolution. The 
written appearance shall state that the party will appear on the date 
fixed for hearing and present evidence on the issues specified in the 
hearing designation order.
    47 CFR 1.229(b)(3) requires that, in a program carriage complaint 
proceeding filed pursuant to Section 76.1302 that the Chief, Media 
Bureau refers to an administrative law judge for an initial decision, a 
motion to enlarge, change, or delete issues shall be filed within 15 
calendar days after the deadline for submitting written appearances 
pursuant to Section 1.221(h), except that persons not named as parties 
to the proceeding in the designation order may file such motions with 
their petitions to intervene up to 30 days after publication of the 
full text or a summary of the designation order in the Federal 
Register.
    47 CFR 1.229(b)(4) provides that any person desiring to file a 
motion to modify the issues after the expiration of periods specified 
in paragraphs (a), (b)(1), (b)(2), and (b)(3) of 47 CFR 1.229, shall 
set forth the reason why it was not possible to file the motion within 
the prescribed period.
    47 CFR 1.248(a) provides that the initial prehearing conference as 
directed by the Commission shall be scheduled 30 days after the 
effective date of the order designating a case for hearing, unless good 
cause is shown for scheduling such conference at a later date, except 
that for program carriage complaints filed pursuant to Section 76.1302 
that the Chief, Media Bureau refers to an administrative law judge for 
an initial decision, the initial prehearing conference shall be held no 
later than 10 calendar days after the deadline for submitting written 
appearances pursuant to Section 1.221(h) or within such shorter or 
longer period as the Commission may allow on motion or notice 
consistent with the public interest.
    47 CFR 1.248(b) provides that the initial prehearing conference as 
directed by the presiding officer shall be scheduled 30 days after the 
effective date of the order designating a case for hearing, unless good 
cause is shown for scheduling such conference at a later date, except 
that for program carriage complaints filed pursuant to Section 76.1302 
that the Chief, Media Bureau

[[Page 6481]]

refers to an administrative law judge for an initial decision, the 
initial prehearing conference shall be held no later than 10 calendar 
days after the deadline for submitting written appearances pursuant to 
Section 1.221(h) or within such shorter or longer period as the 
presiding officer may allow on motion or notice consistent with the 
public interest.
    47 CFR 76.7(g)(2) provides that, in a proceeding initiated pursuant 
to Section 76.7 that is referred to an administrative law judge, the 
parties may elect to resolve the dispute through alternative dispute 
resolution procedures, or may proceed with an adjudicatory hearing, 
provided that the election shall be submitted in writing to the 
Commission and the Chief Administrative Law Judge.
    47 CFR 76.1302(c)(1) provides that a program carriage complaint 
filed pursuant to Section 76.1302 must contain the following: whether 
the complainant is a multichannel video programming distributor or 
video programming vendor, and, in the case of a multichannel video 
programming distributor, identify the type of multichannel video 
programming distributor, the address and telephone number of the 
complainant, what type of multichannel video programming distributor 
the defendant is, and the address and telephone number of each 
defendant.
    47 CFR 76.1302(d) sets forth the evidence that a program carriage 
complaint filed pursuant to Section 76.1302 must contain in order to 
establish a prima facie case of a violation of Section 76.1301.
    47 CFR 76.1302(e)(1) provides that a multichannel video programming 
distributor upon whom a program carriage complaint filed pursuant to 
Section 76.1302 is served shall answer within sixty (60) days of 
service of the complaint, unless otherwise directed by the Commission.
    47 CFR 76.1302(k) permits a program carriage 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. To allow for sufficient 
time to consider the petition for temporary standstill prior to the 
expiration of the existing programming contract, the petition for 
temporary standstill and complaint shall be filed no later than thirty 
(30) days prior to the expiration of the existing programming contract.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-2910 Filed 2-7-12; 8:45 am]
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