[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Pages 55847-55850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23309]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-xxxx, 3060-0214, 3060-0113, 3060-0922, 3060-1065]


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

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 Commission) 
invites the general public and other Federal agencies to take this 
opportunity to comment on the following information collections. 
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 Office of Management 
and Budget (OMB) 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 OMB control number.

DATES: Written comments should be submitted on or before October 19, 
2015. 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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email [email protected]; and to Cathy Williams, FCC, via 
email [email protected] and to [email protected]. Include in the 
comments the OMB control number as shown in the ``Supplementary 
Information'' section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called 
``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, (6) when 
the list of FCC ICRs currently under review appears, look for the OMB 
control number of this ICR and then click on the ICR Reference Number. 
A copy of the FCC submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-xxxx.
    Title: SDARS Political Broadcasting Requirements.
    Form Number: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 1 respondent; 1 response.
    Estimated Time per Response: 10 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirements; third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority which covers this information collection is 
contained in 47 U.S.C. 309(a) and 307(a) of the Communications Act of 
1934, as amended.
    Total Annual Burden: 20 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: Although the Commission does 
not believe that any confidential information will need to be disclosed 
in order to comply with the information collection requirements, 
applicants are free to request that materials or information submitted 
to the Commission be withheld from public inspection. (See 47 CFR 0.459 
of the Commission's Rules.)
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: In 1997, the Commission imposed political 
broadcasting requirements on Satellite Digital Audio Broadcasting 
Service (``SDARS'') licensees. See Establishment of Rules and Policies 
for the Digital Audio Radio Satellite Service in the 2310-2360 MHz 
Frequency Band, 12 FCC Rcd 5754, 5792, para. 92 (1997) (``1997 SDARS 
Order''), FCC 97-70. The Commission stated that SDARS licensees should 
comply with the same substantive political debate provisions as 
broadcasters: The federal candidate access provision (47 U.S.C. Section 
312(a)(7)) and the equal opportunities provision (47 U.S.C. Section 
315). The 1997 SDARS Order imposes the following requirements on SDARS 
licensees:
    Lowest unit charge: Similar to broadcasters, SDARS licensees must 
disclose any practices offered to commercial advertisers that enhance 
the value of advertising spots and different

[[Page 55848]]

classes of time. SDARS licensees must also calculate the lowest unit 
charge and are required to review their advertising records throughout 
the election period to determine whether compliance with this rule 
section requires that candidates receive rebates or credits. See 47 CFR 
73.1942.
    Political file: Similar to broadcasters, SDARS licensees must also 
keep and permit public inspection of a complete record (political file) 
of all requests for SDARS origination time made by or on behalf of 
candidates for public office, together with an appropriate notation 
showing the disposition made by the system of such requests, and the 
charges made, if any, if the request is granted. The disposition 
includes the schedule of time purchased, when the spots actually aired, 
the rates charged, and the classes of time purchased. Also, when free 
time is provided for use by or on behalf of candidates, a record of the 
free time provided is to be placed in the political file as soon as 
possible and maintained for a period of two years. See 47 CFR 73.1943.

    OMB Control Number: 3060-0214.
    Title: Sections 73.3526 and 73.3527, Local Public Inspection Files; 
Sections 76.1701 and 73.1943, Political Files.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; not for profit 
institutions; individuals or households.
    Number of Respondents and Responses: 24,559 respondents; 63,235 
responses.
    Estimated Time per Response: 1-104 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirements; third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority which covers this information collection is 
contained in Sections 151, 152, 154(i), 303, 307 and 308 of the 
Communications Act of 1934, as amended.
    Total Annual Burden: 2,375,337 hours.
    Total Annual Cost: $882,631.
    Nature and Extent of Confidentiality: Most of the documents 
comprising the public file consist of materials that are not of a 
confidential nature. Respondents complying with the information 
collection requirements may request that the information they submit be 
withheld from disclosure. If confidentiality is requested, such 
requests will be processed in accordance with the Commission's rules, 
47 CFR 0.459.
    Privacy Impact Assessment: Should respondents submit any PII as 
part of the information collection requirements, the FCC has an 
existing system of records, FCC/MB-1, ``Ownership of Commercial 
Broadcast Stations,'' that may partially cover this PII. In addition, 
the Commission has prepared a second system of records notice, FCC/MB-
2, ``Broadcast Station Public Inspection Files,'' that will cover the 
PII contained in the broadcast station public inspection files to be 
located on the Commission's Web site. The Commission is also drafting a 
PIA for the records covered by this SORN.
    Needs and Uses: Satellite Radio (also referred to as ``Satellite 
Digital Audio Radio Services'' or ``SDARS'') licensees are required to 
comply with the Commission's EEO broadcast rules and policies, 
including public file obligations and periodic submissions to the 
Commission. See Applications for Consent to the Transfer of Control of 
Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius 
Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426,) 174, and 
note 551 (2008) (``XM-Sirius Merger Order''). See also Establishment of 
Rules and Policies for the Digital Audio Radio Satellite Service in the 
2310-2360 MHz Frequency Band, 12 FCC Rcd 5754, 5791-92,)) 91-92 (1997) 
(``SDARS Order''), FCC 97-70. This collection is being revised to 
reflect the burden associated with the EEO public file requirements.

    OMB Control Number: 3060-0113.
    Title: Broadcast EEO Program Report, FCC Form 396.
    Form Number: FCC Form 396.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; not for profit 
institutions.
    Number of Respondents and Responses: 2,001 respondents; 2,001 
responses.
    Estimated Time per Response: 1.5 hours.
    Frequency of Response: On renewal reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority which covers this information collection is 
contained in Section 154(i) and 303 of the Communications Act of 1934, 
as amended.
    Total Annual Burden: 3,002 hours.
    Total Annual Cost: $300,300.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The Broadcast Equal Employment Opportunity (EEO) 
Program Report, FCC Form 396, is a device that is used to evaluate a 
broadcaster's EEO program to ensure that satisfactory efforts are being 
made to comply with FCC's EEO requirements. FCC Form 396 is required to 
be filed at the time of renewal of license by all AM, FM, TV, Low Power 
TV and International stations. Licensees in the Satellite Digital Audio 
Radio Service (``SDARS'') also must file FCC Form 396.
    The recordkeeping requirements for FCC Form 396 are covered under 
OMB control number 3060-0214.
    Revised Collection Requirement: In 1997, the Commission determined 
that SDARS licensees must comply with the Commission's EEO 
requirements. See Establishment of Rules and Policies for the Digital 
Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, 12 
FCC Rcd 5754, 5791,) 91 (1997) (``1997 SDARS Order''), FCC 97-70. In 
2008, the Commission clarified that SDARS licensees must comply with 
the Commission's EEO broadcast rules and policies, including the same 
recruitment, outreach, public file, Web site posting, record-keeping, 
reporting, and self-assessment obligations required of broadcast 
licensees, consistent with 47 CFR 73.2080, as well as any other 
Commission EEO policies. See Applications for Consent to the Transfer 
of Control of Licenses, SM Satellite Radio Holdings Inc., Transferor, 
to Sirius Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426,) 
174, and note 551 (2008) (``XM-Sirius Merger Order'').
    The Commission is making this submission to the Office of 
Management and Budget for approval to add SDARS licensees to this 
information collection.

    OMB Control Number: 3060-0922.
    Title: Broadcast Mid-Term Report, FCC Form 397.
    Form Number: FCC Form 397.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; not-profit 
institutions.
    Number of Respondents and Responses: 1,181 respondents; 1,181 
responses.
    Estimated Time per Response: 0.5 hours.
    Frequency of Response: Mid-point reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority which covers this information collection is 
contained in Sections 154(i) and 303 of the Communications Act, as 
amended.
    Total Annual Burden: 591 hours.
    Total Annual Cost: No cost.

[[Page 55849]]

    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The Broadcast Mid-Term Report (FCC Form 397) is 
required to be filed by each broadcast television station that is part 
of an employment unit with five or more full-time employees and each 
broadcast radio station that is part of an employment unit with more 
than ten full-time employees. It is a data collection device used to 
assess broadcast compliance with EEO outreach requirements in the 
middle of license terms that are eight years in duration. FCC Form 397 
must also be filed by Satellite Digital Audio Radio Services (SDARS) 
licensees to assess compliance with EEO outreach requirements.
    Revised Information Collection Requirements Which Require Approval 
and Review by the Office of Management and Budget (OMB): Satellite 
Radio (also referred to as ``Satellite Digital Audio Radio Services'' 
or ``SDARS'') licensees are required to comply with the Commission's 
EEO broadcast rules and policies. They must engage in the same 
recruitment, outreach, public file, Web site posting, record-keeping, 
reporting, and self-assessment obligations required of broadcast 
licensees, consistent with 47 CFR 73.2080, and are subject to the same 
EEO policies. See Applications for Consent to the Transfer of Control 
of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius 
Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426,) 174, and 
note 551 (2008) (``XM-Sirius Merger Order'').
    See also Establishment of Rules and Policies for the Digital Audio 
Radio Satellite Service in the 2310-2360 MHz Frequency Band, 12 FCC Rcd 
5754, 5791-92,)) 91-92 (1997) (``SDARS Order''), FCC 97-70. This 
collection is being revised to reflect the burden associated with 
filing FCC Form 397 by SDARS licensees. Therefore, these respondents 
are being added as respondents to this collection. The form is not 
being revised.

    OMB Control Number: 3060-1065.
    Title: Section 25.701 of the Commission's Rules, Direct Broadcast 
Satellite Public Interest Obligations.
    Form Number: N/A.
    Type of Review: Reinstatement of a previously approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 2 respondents; 2 responses.
    Estimated Time per Response: 1-10 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirement; one time reporting requirement; annual reporting 
requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority which covers this information collection is 
contained in Section 335 of the Communications Act of 1934, as amended.
    Total Annual Burden: 50 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: Although the Commission does 
not believe that any confidential information will need to be disclosed 
in order to comply with the information collection requirements, 
applicants are free to request that materials or information submitted 
to the Commission be withheld from public inspection. (See 47 CFR 0.459 
of the Commission's Rules).
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The Commission vacated an Order on Reconsideration, 
In the Matter of Implementation Of Section 25 Of The Cable Television 
Consumer Protection And Competition Act Of 1992, Direct Broadcast 
Satellite Public Interest Obligations, MM No. Docket 93-25 FCC 03-78, 
adopted April 9, 2003 and adopted in its place, in the same proceeding, 
a Second Order on Reconsideration of the First Report and Order, Sua 
Sponte Order on Reconsideration (``Second Order'') and accompanying 
rules FCC 04-44, released March 25, 2004. The Second Order differs from 
the Order on Reconsideration with respect to two issues: (1) The 
political broadcasting requirements, and (2) the guidelines concerning 
commercialization of children's programming.
    47 CFR 25.701(c)(1)(i)(C) states DBS providers may establish and 
define their own reasonable classes of immediately preemptible time so 
long as the differences between such classes are based on one or more 
demonstrable benefits associated with each class and are not based 
solely upon price or identity of the advertiser. Such demonstrable 
benefits include, but are not limited to, varying levels of preemption 
protection, scheduling flexibility, or associated privileges, such as 
guaranteed time sensitive make goods. DBS providers may not use class 
distinctions to defeat the purpose of the lowest unit charge 
requirement. All classes must be fully disclosed and made available to 
candidates.
    47 CFR 25.701(c)(1)(i)(D) states DBS providers may establish 
reasonable classes of preemptible with notice time so long as they 
clearly define all such classes, fully disclose them and make them 
available to candidates.
    47 CFR 25.701(c)(1)(i)(E) states DBS providers may treat non 
preemptible and fixed position as distinct classes of time provided 
that they articulate clearly the differences between such classes, 
fully disclose them, and make them available to candidates.
    47 CFR 25.701(c)(1)(i)(I) states DBS providers shall review their 
advertising records periodically throughout the election period to 
determine whether compliance with this section requires that candidates 
receive rebates or credits. Where necessary, DBS providers shall issue 
such rebates or credits promptly.
    47 CFR 25.701(c)(1)(i)(M) states DBS providers must disclose and 
make available to candidates any make good policies provided to 
commercial advertisers. If a DBS provider places a make good for any 
commercial advertiser or other candidate in a more valuable program or 
daypart, the value of such make good must be included in the 
calculation of the lowest unit charge for that program or daypart.
    47 CFR 25.701(c)(1)(ii) states at any time other than the 
respective periods set forth in paragraph (c)(1)(i) of this section, 
DBS providers may charge legally qualified candidates for public office 
no more than the charges made for comparable use of the facility by 
commercial advertisers. The rates, if any, charged all such candidates 
for the same office shall be uniform and shall not be rebated by any 
means, direct or indirect. A candidate shall be charged no more than 
the rate the DBS provider would charge for comparable commercial 
advertising. All discount privileges otherwise offered by a DBS 
provider to commercial advertisers must be disclosed and made available 
upon equal terms to all candidates for public office.
    47 CFR 25.701(d) states each DBS provider shall keep and permit 
public inspection of a complete and orderly political file and shall 
prominently disclose the physical location of the file, and the 
telephonic and electronic means to access the file.
    (1) The political file shall contain, at a minimum:
    (i) A record of all requests for DBS origination time, the 
disposition of those requests, and the charges made, if any, if the 
request is granted. The ``disposition'' includes the schedule of time 
purchased, when spots actually aired, the rates charged, and the 
classes of time purchased; and

[[Page 55850]]

    (ii) A record of the free time provided if free time is provided 
for use by or on behalf of candidates.
    (2) DBS providers shall place all records required by this section 
in a file available to the public as soon as possible and shall be 
retained for a period of four years until December 31, 2006, and 
thereafter for a period of two years.
    47 CFR 25.701(e)(3) requires DBS providers airing children's 
programming must maintain records sufficient to verify compliance with 
this rule and make such records available to the public. Such records 
must be maintained for a period sufficient to cover the limitations 
period specified in 47 U.S.C. 503(b)(6)(B).
    47 CFR 25.701(f)(6) states that each DBS provider shall keep and 
permit public inspection of a complete and orderly record of:
    (A) Quarterly measurements of channel capacity and yearly average 
calculations on which it bases its four percent reservation, as well as 
its response to any capacity changes;
    (B) A record of entities to whom noncommercial capacity is being 
provided, the amount of capacity being provided to each entity, the 
conditions under which it is being provided and the rates, if any, 
being paid by the entity;
    (C) A record of entities that have requested capacity, disposition 
of those requests and reasons for the disposition.
    (ii) All records required by this paragraph shall be placed in a 
file available to the public as soon as possible and shall be retained 
for a period of two years.
    The statutory authority which covers this information collection is 
contained in 47 U.S.C. 335 of the Communications Act of 1934, as 
amended.
    Revised Information Collection Requirements:
    The Commission is reinstating this collection into the Office of 
Management and Budget's (OMB's) inventory because after further 
evaluation the Commission has determined that this collection is still 
needed by the Commission because DBS providers make up the majority of 
their universe of respondents. Since this is the case, OMB approval is 
still need for this collection.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015-23309 Filed 9-16-15; 8:45 am]
BILLING CODE 6712-01-P