[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Notices]
[Pages 15335-15337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05930]


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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: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC or the 
Commission) invites the general public and other Federal agencies to 
take this opportunity to comment on the following information 
collection. 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 May 19, 
2014. 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 Cathy Williams, FCC, via email 
[email protected] and to  [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: 3060-0849.
    Title: Commercial Availability of Navigation Devices.
    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: 962 respondents; 585,800 
responses.
    Estimated Time per Response: 0.00278 hours--120 hours.
    Frequency of Response: Recordkeeping requirement; Third party 
disclosure requirement; On occasion reporting requirement; Annual 
reporting requirement; Semi-annual reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority is contained in Sections 4(i), 303(r) and 629 of 
the Communications Act of 1934, as amended.
    Total Annual Burden: 48,152 hours.
    Total Annual Cost: $2,620.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: In January 2013, the D.C. Circuit released its 
opinion in EchoStar Satellite L.L.C. v. FCC, 704 F.3d 992 (D.C. Cir. 
2013). In that decision, the D.C. Circuit vacated the

[[Page 15336]]

Second Report and Order, FCC 03-225 (released October 9, 2003). 
Therefore, the information collection requirements that were contained 
in 47 CFR 76.1905(c)(2) and (c)(3), 47 CFR 76.1906(a)(1) and (b) and 
the complaint requirement are no longer a part of this information 
collection. The Commission is revising this collection to remove those 
requirements and the burden hours and cost burden associated with them.
    These information collection requirements are also a part of this 
collection and have not changed since last approved by the Office of 
Management and Budget (OMB):
    47 CFR 76.1205(b)(1) states a multichannel video programming 
provider that is subject to the requirements of Section 76.1204(a)(1) 
must provide the means to allow subscribers to self-install the 
CableCARD in a CableCARD-reliant device purchased at retail and inform 
a subscriber of this option when the subscriber requests a CableCARD. 
This requirement shall be effective August 1, 2011, if the MVPD allows 
its subscribers to self-install any cable modems or operator-leased 
set-top boxes and November 1, 2011 if the MVPD does not allow its 
subscribers to self-install any cable modems or operator-leased set-top 
boxes.
    47 CFR 76.1205(b)(1)(A) states that this requirement shall not 
apply to cases in which neither the manufacturer nor the vendor of the 
CableCARD-reliant device furnishes to purchasers appropriate 
instructions for self-installation of a CableCARD, and a manned toll-
free telephone number to answer consumer questions regarding CableCARD 
installation but only for so long as such instructions are not 
furnished and the call center is not offered.
    The requirements contained in Section 76.1205 are intended to 
ensure that consumers are able to install CableCARDs in the devices 
that they purchase at retail, which the Commission determined is 
essential to a functioning retail market.
    47 CFR 76.1205(b)(2) states effective August 1, 2011, provide 
multi-stream CableCARDs to subscribers, unless the subscriber requests 
a single-stream CableCARD.This requirement will ensure that consumers 
have access to CableCARDs that are compatible with their retail 
devices, and can request such devices from their cable operators.
    47 CFR 76.1205(b)(5) requires to separately disclose to consumers 
in a conspicuous manner with written information provided to customers 
in accordance with Section 76.1602, with written or oral information at 
consumer request, and on Web sites or billing inserts. This requirement 
is intended to ensure that consumers understand that retail options are 
available and that cable operators are not subsidizing their own 
devices with service fees in violation of Section 629 of the Act.
    47 CFR 15.123(c)(3) states subsequent to the testing of its initial 
unidirectional digital cable product model, a manufacturer or importer 
is not required to have other models of unidirectional digital cable 
products tested at a qualified test facility for compliance with the 
procedures of Uni-Dir-PICS-I01-030903: ``Uni-Directional Receiving 
Device: Conformance Checklist: PICS Proforma'' (incorporated by 
reference, see Sec.  15.38) unless the first model tested was not a 
television, in which event the first television shall be tested as 
provided in Sec.  15.123(c)(1). The manufacturer or importer shall 
ensure that all subsequent models of unidirectional digital cable 
products comply with the procedures in the Uni-Dir-PICS-I01-030903: 
``Uni-Directional Receiving Device: Conformance Checklist: PICS 
Proforma'' (incorporated by reference, see Sec.  15.38) and all other 
applicable rules and standards. The manufacturer or importer shall 
maintain records indicating such compliance in accordance with the 
verification procedure requirements in part 2, subpart J of this 
chapter. The manufacturer or importer shall further submit 
documentation verifying compliance with the procedures in the Uni-Dir-
PICS-I01-030903: ``Uni-Directional Receiving Device: Conformance 
Checklist: PICS Proforma'' (incorporated by reference, see Sec.  15.38) 
to the testing laboratory representing cable television system 
operators serving a majority of the cable television subscribers in the 
United States.
    47 CFR15.123(c)(5)(iii) states subsequent to the successful testing 
of its initial M-UDCP, a manufacturer or importer is not required to 
have other M-UDCP models tested at a qualified test facility for 
compliance with M-Host UNI-DIR-PICS-IOI-061101 (incorporated by 
reference, see Sec.  15.38) unless the first model tested was not a 
television, in which event the first television shall be tested as 
provided in Sec.  15.123(c)(5)(i). The manufacturer or importer shall 
ensure that all subsequent models of M-UDCPs comply with M-Host UNI-
DIR-PICS-IOI-061101 (incorporated by reference, see Sec.  15.38) and 
all other applicable rules and standards. The manufacturer or importer 
shall maintain records indicating such compliance in accordance with 
the verification procedure requirements in part 2, subpart J of this 
chapter. For each M-UDCP model, the manufacturer or importer shall 
further submit documentation verifying compliance with M-Host UNI-DIR-
PICS-IOI-061101 to the testing laboratory representing cable television 
system operators serving a majority of the cable television subscribers 
in the United States.
    47 CFR 76.1203 provides that a multichannel video programming 
distributor may restrict the attachment or use of navigation devices 
with its system in those circumstances where electronic or physical 
harm would be caused by the attachment or operation of such devices or 
such devices that assist or are intended or designed to assist in the 
unauthorized receipt of service. Such restrictions may be accomplished 
by publishing and providing to subscribers standards and descriptions 
of devices that may not be used with or attached to its system. Such 
standards shall foreclose the attachment or use only of such devices as 
raise reasonable and legitimate concerns of electronic or physical harm 
or theft of service.
    47 CFR 76.1205 states that technical information concerning 
interface parameters which are needed to permit navigation devices to 
operate with multichannel video programming systems shall be provided 
by the system operator upon request.
    47 CFR 76.1207 states that the Commission may waive a regulation 
adopted under this Part for a limited time, upon an appropriate showing 
by a provider of multichannel video programming and other services 
offered over multichannel video programming systems, or an equipment 
provider that such a waiver is necessary to assist the development or 
introduction of a new or improved multichannel video programming or 
other service offered over multichannel video programming systems, 
technology, or products. Such waiver requests are to be made pursuant 
to 47 CFR 76.7.
    47 CFR 76.1208 states that any interested party may file a petition 
to the Commission for a determination to provide for a sunset of the 
navigation devices regulations on the basis that (1) the market for 
multichannel video distributors is fully competitive; (2) the market 
for converter boxes, and interactive communications equipment, used in 
conjunction with that service is fully competitive; and (3) elimination 
of the regulations would promote competition and the public interest.
    47 CFR 15.118(a) and 47 CFR 15.19(d) (label and information 
disclosure)--The

[[Page 15337]]

U.S. Bureau of the Census reports that, at the end of 2002, there were 
571 U.S. establishments that manufacture audio and visual equipment. 
These manufacturers already have in place mechanisms for labeling 
equipment and including consumer disclosures in the form of owners' 
manuals and brochures in equipment packaging. We estimate that 
manufacturers who voluntarily decide to label their equipment will need 
no more than 5 hours to develop a label or to develop wording for a 
consumer disclosure for owners' manuals/brochures to be included with 
the device. Once developed, we do not anticipate any ongoing burden 
associated with the revision/modification of the label, if used, or the 
disclosure.
    Status Reports--Periodic reports are required from large cable 
multiple system operators detailing CableCARD deployment/support for 
navigation devices. (This requirement is specified in FCC 05-76, CS 
Docket No. 97-80).

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2014-05930 Filed 3-18-14; 8:45 am]
BILLING CODE 6712-01-P