[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64213-64215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25348]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, 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. Comments are requested concerning 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; the accuracy of the 
Commission's burden estimate; ways to enhance the quality, utility, and 
clarity of the information collected; 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 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 PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before December 
27, 2013. 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 the Federal Communications 
Commission via email to [email protected] and [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0667.
    Title: Section 76.630, Compatibility with Consumer Electronics 
Equipment; Section 76.1621, Equipment Compatibility Offer; Section 
76.1622, Consumer Education of Equipment Compatibility.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 8,250 respondents; 66,501 
responses.
    Estimated Time per Response: .017 hours-3 hours.
    Frequency of Response: Recordkeeping and third party disclosure 
requirements; On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 4(i) 
and Section 632 of the Communications Act of 1934, as amended.
    Total Annual Burden: 17,353 hours.
    Total Annual Cost: $1,355.
    Privacy Act Impact Assessment: No impact(s).

[[Page 64214]]

    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: 47 CFR Section 76.630(a) states a cable system 
operator shall not scramble or otherwise encrypt signals carried on the 
basic service tier. This requirement is subject to certain exemptions 
explained below. Requests for waivers of this prohibition, which are 
allowed under 47 CFR 76.630(a)(2), must demonstrate either a 
substantial problem with theft of basic tier service or a strong need 
to scramble basic signals for other reasons. As part of this showing, 
cable operators are required to notify subscribers by mail of waiver 
requests. The notice to subscribers must be mailed no later than thirty 
calendar days from the date the request waiver was filed with the 
Commission, and cable operators must inform the Commission in writing, 
as soon as possible, of that notification date. The notification to 
subscribers must state:
    On (date of waiver request was filed with the Commission), (cable 
operator's name) filed with the Federal Communications Commission a 
request for waiver of the rule prohibiting scrambling of channels on 
the basic tier of service. The request for waiver states (a brief 
summary of the waiver request). A copy of the request for waiver is on 
file for public inspection at (the address of the cable operator's 
local place of business).
    Individuals who wish to comment on this request for waiver should 
mail comments to the Federal Communications Commission by no later than 
30 days from (the date the notification was mailed to subscribers). 
Those comments should be addressed to the: Federal Communications 
Commission, Media Bureau, Washington, DC 20554, and should include the 
name of the cable operator to whom the comments are applicable. 
Individuals should also send a copy of their comments to (the cable 
operator at its local place of business). Cable operators may file 
comments in reply no later than 7 days from the date subscriber 
comments must be filed.
    47 CFR 76.1621 states a cable system operators that use scrambling, 
encryption or similar technologies in conjunction with cable system 
terminal devices, as defined in Sec.  15.3(e) of this chapter, that may 
affect subscribers' reception of signals shall offer to supply each 
subscriber with special equipment that will enable the simultaneous 
reception of multiple signals. The equipment offered shall include a 
single terminal device with dual descramblers/decoders and/or timers 
and bypass switches. Other equipment, such as two independent set-top 
terminal devices may be offered at the same time that the single 
terminal device with dual tuners/descramblers is offered. For purposes 
of this rule, two set-top devices linked by a control system that 
provides functionality equivalent to that of a single device with dual 
descramblers is considered to be the same as a terminal device with 
dual descramblers/decoders.
    (a) The offer of special equipment shall be made to new subscribers 
at the time they subscribe and to all subscribers at least once each 
year (i.e., in subscriber billings or pre-printed information on the 
bill).
    (b) Such special equipment shall, at a minimum, have the 
capability:
    (1) To allow simultaneous reception of any two scrambled or 
encrypted signals and to provide for tuning to alternative channels on 
a pre-programmed schedule; and
    (2) To allow direct reception of all other signals that do not need 
to be processed through descrambling or decryption circuitry (this 
capability can generally be provided through a separate by-pass switch 
or through internal by-pass circuitry in a cable system terminal 
device).
    (c) Cable system operators shall determine the specific equipment 
needed by individual subscribers on a case-by-case basis, in 
consultation with the subscriber. Cable system operators are required 
to make a good faith effort to provide subscribers with the amount and 
types of special equipment needed to resolve their individual 
compatibility problems.
    (d) Cable operators shall provide such equipment at the request of 
individual subscribers and may charge for purchase or lease of the 
equipment and its installation in accordance with the provisions of the 
rate regulation rules for customer premises equipment used to receive 
the basic service tier, as set forth in Sec.  76.923. Notwithstanding 
the required annual offering, cable operators shall respond to 
subscriber requests for special equipment for reception of multiple 
signals that are made at any time.

Information Collection Requirement Which Requires OMB Approval

    In October 2012, the Commission loosened its prohibition on 
encryption of the basic service tier. This rule change allows all-
digital cable operators to encrypt, subject to certain consumer 
protection measures. 77 FR 67290 (Nov. 9, 2012); 47 CFR 76.630(a)(1). 
Encryption of all-digital cable service will allow cable operators to 
activate and/or deactivate cable service remotely, thus relieving many 
consumers of the need to wait at home to receive a cable technician 
when they sign up for or cancel cable service, or expand service to an 
existing cable connection in their home.
    In addition, encryption will reduce service theft by ensuring that 
only paying subscribers have decryption equipment. Encryption could 
reduce cable rates and reduce the theft that often degrades the quality 
of cable service received by paying subscribers. Encryption also will 
reduce the number of service calls necessary for manual installations 
and disconnections, which may have beneficial effects on vehicle 
traffic and the environment.
    Because this rule change allows cable operators to encrypt the 
basic service tier without filing a request for waiver, we expect that 
the number of requests for waiver will decrease significantly.

These Requirements Remain Unchanged Since Last Approved by OMB

    47 CFR 76.1622 states that Cable system operators shall provide a 
consumer education program on compatibility matters to their 
subscribers in writing, as follows:
    (a) The consumer information program shall be provided to 
subscribers at the time they first subscribe and at least once a year 
thereafter. Cable operators may choose the time and means by which they 
comply with the annual consumer information requirement. This 
requirement may be satisfied by a once-a-year mailing to all 
subscribers. The information may be included in one of the cable 
system's regular subscriber billings.
    (b) The consumer information program shall include the following 
information:
    (1) Cable system operators shall inform their subscribers that some 
models of TV receivers and videocassette recorders may not be able to 
receive all of the channels offered by the cable system when connected 
directly to the cable system. In conjunction with this information, 
cable system operators shall briefly explain, the types of channel 
compatibility problems that could occur if subscribers connected their 
equipment directly to the cable system and offer suggestions for 
resolving those problems. Such suggestions could include, for example, 
the use of a cable system terminal device such as a set-top channel 
converter. Cable system operators shall also indicate that channel 
compatibility problems associated with reception of programming that is 
not scrambled or

[[Page 64215]]

encrypted programming could be resolved through use of simple converter 
devices without descrambling or decryption capabilities that can be 
obtained from either the cable system or a third party retail vendor.
    (2) In cases where service is received through a cable system 
terminal device, cable system operators shall indicate that subscribers 
may not be able to use special features and functions of their TV 
receivers and videocassette recorders, including features that allow 
the subscriber to: View a program on one channel while simultaneously 
recording a program on another channel; record two or more consecutive 
programs that appear on different channels; and, use advanced picture 
generation and display features such as ``Picture-in-Picture,'' channel 
review and other functions that necessitate channel selection by the 
consumer device.
    (3) In cases where cable system operators offer remote control 
capability with cable system terminal devices and other customer 
premises equipment that is provided to subscribers, they shall advise 
their subscribers that remote control units that are compatible with 
that equipment may be obtained from other sources, such as retail 
outlets. Cable system operators shall also provide a representative 
list of the models of remote control units currently available from 
retailers that are compatible with the customer premises equipment they 
employ. Cable system operators are required to make a good faith effort 
in compiling this list and will not be liable for inadvertent 
omissions. This list shall be current as of no more than six months 
before the date the consumer education program is distributed to 
subscribers. Cable operators are also required to encourage subscribers 
to contact the cable operator to inquire about whether a particular 
remote control unit the subscriber might be considering for purchase 
would be compatible with the subscriber's customer premises equipment.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-25348 Filed 10-25-13; 8:45 am]
BILLING CODE 6712-01-P