[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40762-40766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18210]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0888]


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 of 1995 (PRA), 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 27, 
2017. 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 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: As part of its continuing effort to reduce 
paperwork burdens, and as required by the PRA, 44 U.S.C. 3501-3520, the 
FCC

[[Page 40763]]

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.
    OMB Control Number: 3060-0888.
    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: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents and Responses: 684 respondents; 684 
responses.
    Estimated Time per Response: 6.4 to 95.4 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 collection of information is contained in. 
47 U.S.C. 154(i) and (j), 303(r), 338, 340, 534, 535, 536, 543, 548 and 
573.
    Total Annual Burden: 34,816 hours.
    Total Annual Cost: $3,671,370.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: A party that wishes to have 
confidentiality for proprietary information with respect to a 
submission it is making to the Commission must file a petition pursuant 
to the pleading requirements in Section 76.7 and use the method 
described in Sections 0.459 and 76.9 to demonstrate that 
confidentiality is warranted.
    Needs and Uses: Commission rules specify pleading and other 
procedural requirements for parties filing petitions or complaints 
under Part 76 of the Commission's rules, including petitions for 
special relief, cable carriage complaints, program access complaints, 
and program carriage complaints. Therefore, the information collection 
requirements contained in this collection are as follows:
    47 CFR 1.221(h) requires that, in a program carriage complaint 
proceeding filed pursuant to Sec.  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 Sec.  76.7(g)(2) or, if the parties have mutually elected 
to pursue alternative dispute resolution pursuant to Sec.  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)(2) requires that, in a program carriage complaint 
proceeding filed pursuant to Sec.  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 
Sec.  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)(3) provides that any person desiring to file a 
motion to modify the issues after the expiration of periods specified 
in paragraphs (a), (b)(1), and (b)(2) of Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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. Pleadings seeking to initiate FCC action must adhere 
to the requirements of Section 76.6 (general pleading requirements) and 
Section 76.7 (initiating pleading requirements). Section 76.7 is used 
for numerous types of petitions and special relief petitions, including 
general petitions seeking special relief, waivers, enforcement, show 
cause, forfeiture and declaratory ruling procedures.
    47 CFR 76.7(g)(2) provides that, in a proceeding initiated pursuant 
to Sec.  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 76.9. A party that wishes to have confidentiality for 
proprietary information with respect to a submission it is making to 
the FCC must file a petition pursuant to the pleading requirements in 
Section 76.7 and use the method described in Sections 0.459 and 76.9 to 
demonstrate that confidentiality is warranted. The petitions filed 
pursuant to this provision are contained in the existing information 
collection requirement and are not changed by the rule changes.
    47 CFR 76.61(a) permits a local commercial television station or

[[Page 40764]]

qualified low power television station that is denied carriage or 
channel positioning or repositioning in accordance with the must-carry 
rules by a cable operator to file a complaint with the FCC in 
accordance with the procedures set forth in Section 76.7. Section 
76.61(b) permits a qualified local noncommercial educational television 
station that believes a cable operator has failed to comply with the 
FCC's signal carriage or channel positioning requirements (Sections 
76.56 through 76.57) to file a complaint with the FCC in accordance 
with the procedures set forth in Section 76.7.
    47 CFR 76.61(a)(1) states that whenever a local commercial 
television station or a qualified low power television station believes 
that a cable operator has failed to meet its carriage or channel 
positioning obligations, pursuant to Sections 76.56 and 76.57, such 
station shall notify the operator, in writing, of the alleged failure 
and identify its reasons for believing that the cable operator is 
obligated to carry the signal of such station or position such signal 
on a particular channel.
    47 CFR 76.61(a)(2) states that the cable operator shall, within 30 
days of receipt of such written notification, respond in writing to 
such notification and either commence to carry the signal of such 
station in accordance with the terms requested or state its reasons for 
believing that it is not obligated to carry such signal or is in 
compliance with the channel positioning and repositioning and other 
requirements of the must-carry rules. If a refusal for carriage is 
based on the station's distance from the cable system's principal 
headend, the operator's response shall include the location of such 
headend. If a cable operator denies carriage on the basis of the 
failure of the station to deliver a good quality signal at the cable 
system's principal headend, the cable operator must provide a list of 
equipment used to make the measurements, the point of measurement and a 
list and detailed description of the reception and over-the-air signal 
processing equipment used, including sketches such as block diagrams 
and a description of the methodology used for processing the signal at 
issue, in its response.
    47 CFR 76.914(c) permits a cable operator seeking revocation of a 
franchising authority's certification to file a petition with the FCC 
in accordance with the procedures set forth in Section 76.7.
    47 CFR 76.1003(a) permits any multichannel video programming 
distributor (MVPD) aggrieved by conduct that it believes constitute a 
violation of the FCC's competitive access to cable programming rules to 
commence an adjudicatory proceeding at the FCC to obtain enforcement of 
the rules through the filing of a complaint, which must be filed and 
responded to in accordance with the procedures specified in Section 
76.7, except to the extent such procedures are modified by Section 
76.1003.
    47 CFR 76.1001(b)(2) permits any multichannel video programming 
distributor to commence an adjudicatory proceeding by filing a 
complaint with the Commission alleging that a cable operator, a 
satellite cable programming vendor in which a cable operator has an 
attributable interest, or a satellite broadcast programming vendor, has 
engaged in an unfair act involving terrestrially delivered, cable-
affiliated programming, which must be filed and responded to in 
accordance with the procedures specified in Sec.  76.7, except to the 
extent such procedures are modified by Sec. Sec.  76.1001(b)(2) and 
76.1003. In program access cases involving terrestrially delivered, 
cable-affiliated programming, the defendant has 45 days from the date 
of service of the complaint to file an answer, unless otherwise 
directed by the Commission. A complainant shall have the burden of 
proof that the defendant's alleged conduct has the purpose or effect of 
hindering significantly or preventing the complainant from providing 
satellite cable programming or satellite broadcast programming to 
subscribers or consumers; an answer to such a complaint shall set forth 
the defendant's reasons to support a finding that the complainant has 
not carried this burden. In addition, a complainant alleging that a 
terrestrial cable programming vendor has engaged in discrimination 
shall have the burden of proof that the terrestrial cable programming 
vendor is wholly owned by, controlled by, or under common control with 
a cable operator or cable operators, satellite cable programming vendor 
or vendors in which a cable operator has an attributable interest, or 
satellite broadcast programming vendor or vendors; an answer to such a 
complaint shall set forth the defendant's reasons to support a finding 
that the complainant has not carried this burden.
    47 CFR 76.1003(b) requires any aggrieved MVPD intending to file a 
complaint under this section to first notify the potential defendant 
cable operator, and/or the potential defendant satellite cable 
programming vendor or satellite broadcast programming vendor, that it 
intends to file a complaint with the Commission based on actions 
alleged to violate one or more of the provisions contained in Sections 
76.1001 or 76.1002 of this part. The notice must be sufficiently 
detailed so that its recipient(s) can determine the nature of the 
potential complaint. The potential complainant must allow a minimum of 
ten (10) days for the potential defendant(s) to respond before filing a 
complaint with the Commission.
    47 CFR 76.1003(c) describes the required contents of a program 
access complaint, in addition to the requirements of Section 76.7 of 
this part.
    47 CFR 76.1003(c)(3) requires a program access complaint to contain 
evidence that the complainant competes with the defendant cable 
operator, or with a multichannel video programming distributor that is 
a customer of the defendant satellite cable programming or satellite 
broadcast programming vendor or a terrestrial cable programming vendor 
alleged to have engaged in conduct described in Sec.  76.1001(b)(1).
    47 CFR 76.1003(d) states that, in a case where recovery of damages 
is sought, the complaint shall contain a clear and unequivocal request 
for damages and appropriate allegations in support of such claim.
    47 CFR 76.1003(e)(1) requires cable operators, satellite cable 
programming vendors, or satellite broadcast programming vendors whom 
expressly reference and rely upon a document in asserting a defense to 
a program access complaint filed or in responding to a material 
allegation in a program access complaint filed pursuant to Section 
76.1003, to include such document or documents, such as contracts for 
carriage of programming referenced and relied on, as part of the 
answer. Except as otherwise provided or directed by the Commission, any 
cable operator, satellite cable programming vendor or satellite 
broadcast programming vendor upon which a program access complaint is 
served under this section shall answer within twenty (20) days of 
service of the complaint, provided that the answer shall be filed 
within forty-five (45) days of service of the complaint if the 
complaint alleges a violation of Section 628(b) of the Communications 
Act of 1934, as amended, or Section 76.1001(a).
    47 CFR 76.1003(e)(2) requires an answer to an exclusivity complaint 
to provide the defendant's reasons for refusing to sell the subject 
programming to the complainant. In addition, the defendant may submit 
its programming contracts covering the area specified in the complaint 
with its answer to refute allegations concerning the existence of an 
impermissible exclusive contract. If

[[Page 40765]]

there are no contracts governing the specified area, the defendant 
shall so certify in its answer. Any contracts submitted pursuant to 
this provision may be protected as proprietary pursuant to Section 76.9 
of this part.
    47 CFR 76.1003(e)(3) requires an answer to a discrimination 
complaint to state the reasons for any differential in prices, terms or 
conditions between the complainant and its competitor, and to specify 
the particular justification set forth in Section 76.1002(b) of this 
part relied upon in support of the differential.
    47 CFR 76.1003(e)(4) requires an answer to a complaint alleging an 
unreasonable refusal to sell programming to state the defendant's 
reasons for refusing to sell to the complainant, or for refusing to 
sell to the complainant on the same terms and conditions as 
complainant's competitor, and to specify why the defendant's actions 
are not discriminatory.
    47 CFR 76.1003(f) provides that, within fifteen (15) days after 
service of an answer, unless otherwise directed by the Commission, the 
complainant may file and serve a reply which shall be responsive to 
matters contained in the answer and shall not contain new matters.
    47 CFR 76.1003(g) states that any complaint filed pursuant to this 
subsection must be filed within one year of the date on which one of 
three specified events occurs.
    47 CFR 76.1003(h) sets forth the remedies that are available for 
violations of the program access rules, which include the imposition of 
damages, and/or the establishment of prices, terms, and conditions for 
the sale of programming to the aggrieved multichannel video programming 
distributor, as well as sanctions available under title V or any other 
provision of the Communications Act.
    47 CFR 76.1003(j) states in addition to the general pleading and 
discovery rules contained in Sec.  76.7 of this part, parties to a 
program access complaint may serve requests for discovery directly on 
opposing parties, and file a copy of the request with the Commission. 
The respondent shall have the opportunity to object to any request for 
documents that are not in its control or relevant to the dispute. Such 
request shall be heard, and determination made, by the Commission. 
Until the objection is ruled upon, the obligation to produce the 
disputed material is suspended. Any party who fails to timely provide 
discovery requested by the opposing party to which it has not raised an 
objection as described above, or who fails to respond to a Commission 
order for discovery material, may be deemed in default and an order may 
be entered in accordance with the allegations contained in the 
complaint, or the complaint may be dismissed with prejudice.
    47 CFR 76.1003(l) permits a program access 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.
    47 CFR 76.1302(a) states that any video programming vendor or 
multichannel video programming distributor aggrieved by conduct that it 
believes constitute a violation of the regulations set forth in this 
subpart may commence an adjudicatory proceeding at the Commission to 
obtain enforcement of the rules through the filing of a complaint. The 
complaint shall be filed and responded to in accordance with the 
procedures specified in Section 76.7, except to the extent such 
procedures are modified by Section 76.1302.
    47 CFR 76.1302(b) states that any aggrieved video programming 
vendor or multichannel video programming distributor intending to file 
a complaint under this section must first notify the potential 
defendant multichannel video programming distributor that it intends to 
file a complaint with the Commission based on actions alleged to 
violate one or more of the provisions contained in Section 76.1301 of 
this part. The notice must be sufficiently detailed so that its 
recipient(s) can determine the specific nature of the potential 
complaint. The potential complainant must allow a minimum of ten (10) 
days for the potential defendant(s) to respond before filing a 
complaint with the Commission.
    47 CFR 76.1302(c) specifies the content of carriage agreement 
complaints, in addition to the requirements of Section 76.7 of this 
part.
    47 CFR 76.1302(c)(1) provides that a program carriage complaint 
filed pursuant to Sec.  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 Sec.  76.1302 must contain in order to 
establish a prima facie case of a violation of Sec.  76.1301.
    47 CFR 76.1302(e)(1) provides that a multichannel video programming 
distributor upon whom a program carriage complaint filed pursuant to 
Sec.  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(e)(2) states that an answer to a program carriage 
complaint shall address the relief requested in the complaint, 
including legal and documentary support, for such response, and may 
include an alternative relief proposal without any prejudice to any 
denials or defenses raised.
    47 CFR 76.1302(f) states that within twenty (20) days after service 
of an answer, unless otherwise directed by the Commission, the 
complainant may file and serve a reply which shall be responsive to 
matters contained in the answer and shall not contain new matters.
    47 CFR 76.1302(h) states that any complaint filed pursuant to this 
subsection must be filed within one year of the date on which one of 
three events occurs.
    47 CFR 76.1302(j)(1) states that upon completion of such 
adjudicatory proceeding, the Commission shall order appropriate 
remedies, including, if necessary, mandatory carriage of a video 
programming vendor's programming on defendant's video distribution 
system, or the establishment of prices, terms, and conditions for the 
carriage of a video programming vendor's programming.
    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

[[Page 40766]]

expiration of the existing programming contract.
    47 CFR 76.1513(a) permits any party aggrieved by conduct that it 
believes constitute a violation of the FCC's regulations or in section 
653 of the Communications Act (47 U.S.C. 573) to commence an 
adjudicatory proceeding at the Commission to obtain enforcement of the 
rules through the filing of a complaint, which must be filed and 
responded to in accordance with the procedures specified in Section 
76.7, except to the extent such procedures are modified by Section 
76.1513.
    47 CFR 76.1513(b) provides that an open video system operator may 
not provide in its carriage contracts with programming providers that 
any dispute must be submitted to arbitration, mediation, or any other 
alternative method for dispute resolution prior to submission of a 
complaint to the Commission.
    47 CFR 76.1513(c) requires that any aggrieved party intending to 
file a complaint under this section must first notify the potential 
defendant open video system operator that it intends to file a 
complaint with the Commission based on actions alleged to violate one 
or more of the provisions contained in this part or in Section 653 of 
the Communications Act. The notice must be in writing and must be 
sufficiently detailed so that its recipient(s) can determine the 
specific nature of the potential complaint. The potential complainant 
must allow a minimum of ten (10) days for the potential defendant(s) to 
respond before filing a complaint with the Commission.
    47 CFR 76.1513(d) describes the contents of an open video system 
complaint.
    47 CFR 76.1513(e) addresses answers to open video system 
complaints.
    47 CFR 76.1513(f) states within twenty (20) days after service of 
an answer, the complainant may file and serve a reply which shall be 
responsive to matters contained in the answer and shall not contain new 
matters.
    47 CFR 76.1513(g) requires that any complaint filed pursuant to 
this subsection must be filed within one year of the date on which one 
of three events occurs.
    47 CFR 76.1513(h) states that upon completion of the adjudicatory 
proceeding, the Commission shall order appropriate remedies, including, 
if necessary, the requiring carriage, awarding damages to any person 
denied carriage, or any combination of such sanctions. Such order shall 
set forth a timetable for compliance, and shall become effective upon 
release.

Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary, Office of the Secretary.
[FR Doc. 2017-18210 Filed 8-25-17; 8:45 am]
 BILLING CODE 6712-01-P