[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Pages 35115-35116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15498]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0568]


Information Collection Requirement 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, 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 September 
20, 2019. 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]. Include in the comments the 
Title as shown in the SUPPLEMENTARY INFORMATION section below.

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

SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0568.
    Title: Sections 76.970, 76.971, and 76.975, Commercial Leased 
Access Rates, Terms and Conditions, and Dispute Resolution.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Businesses or other for-profit entities; Not-for-
profit institutions.
    Number of Respondents and Responses: 2,677 respondents; 6,879 
responses.
    Estimated Time per Response: 0.5 hours to 40 hours.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third-party disclosure requirement.
    Obligation to Respond: Mandatory; Required to obtain or retain 
benefits. The statutory authority for this information collection is 
contained in sections 4(i), 303, and 612 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 303, and 532.
    Total Annual Burden: 17,131 hours.
    Total Annual Cost: $118,000.
    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: On June 7, 2019, in document FCC 19-52, the 
Commission released a Report and Order and Second Further Notice of 
Proposed Rulemaking updating its leased access rules as part of its 
Modernization of Media Regulation Initiative.
    The information collection requirements for this collection, some 
of which were revised (Sections 76.970(h) and 76.975(e)) by FCC 19-52, 
are contained in the following rule sections:
    47 CFR 76.970(h) requires cable operators to provide prospective 
leased access programmers with the following information within 30 
calendar days of the date on which a bona fide request for leased 
access information is made, provided that the programmer has remitted 
any application fee that the cable system operator requires up to a 
maximum of $100 per system-specific bona fide request (for systems 
subject to small system relief, cable operators are required to provide 
the following information within 45 calendar days of a bona fide 
request):
    (a) How much of the cable operator's leased access set-aside 
capacity is available;
    (b) a complete schedule of the operator's full-time leased access 
rates;
    (c) rates associated with technical and studio costs; and

[[Page 35116]]

    (d) if specifically requested, a sample leased access contract.
    Bona fide requests, as used in this section, are defined as 
requests from potential leased access programmers that have provided 
the following information:
    (a) The desired length of a contract term;
    (b) the anticipated commencement date for carriage; and
    (c) the nature of the programming.
    All requests for leased access must be made in writing and must 
specify the date on which the request was sent to the operator. 
Operators must maintain supporting documentation to justify scheduled 
rates, including supporting contracts, calculations of the implicit 
fees, and justifications for all adjustments.
    Cable system operators must disclose on their own websites, or 
through alternate means if they do not have their own websites, a 
contact name or title, telephone number, and email address for the 
person responsible for responding to requests for information about 
leased access channels.
    47 CFR 76.971 requires cable operators to provide billing and 
collection services to leased access programmers unless they can 
demonstrate the existence of third party billing and collection 
services which, in terms of cost and accessibility, offer leased access 
programmers an alternative substantially equivalent to that offered to 
comparable non-leased access programmers.
    47 CFR 76.975(b) allows any person aggrieved by the failure or 
refusal of a cable operator to make commercial channel capacity 
available or to charge rates for such capacity in accordance with the 
relevant provisions of the statute or the implementing regulations to 
file a petition for relief with the Commission. Persons alleging that a 
cable operator's leased access rate is unreasonable must receive a 
determination of the cable operator's maximum permitted rate from an 
independent accountant prior to filing a petition. If parties cannot 
agree on a mutually acceptable accountant within five business days of 
the programmer's request for a review, they must each select an 
independent accountant on the sixth business day. These two accountants 
will then have five business days to select a third independent 
accountant to perform the review. To account for their more limited 
resources, operators of systems entitled to small system relief have 14 
business days to select an independent accountant when no agreement can 
be reached.
    47 CFR 76.975(c) requires that petitioners attach a copy of the 
final accountant's report to their petition where the petition is based 
on allegations that a cable operator's leased access rates are 
unreasonable.
    47 CFR 76.975(e) provides that the cable operator or other 
respondent will have 30 days from service of the petition to file an 
answer. If a leased access rate is disputed, the answer must show that 
the rate charged is not higher than the maximum permitted rate for such 
leased access, and must be supported by the affidavit of a responsible 
company official. If, after an answer is submitted, the staff finds a 
prima facie violation of our rules, the staff may require a respondent 
to produce additional information, or specify other procedures 
necessary for resolution of the proceeding. Replies to answers must be 
filed within fifteen (15) days after submission of the answer.
    The Commission has determined that there is some duplication in 
collections 3060-0568 and 3060-0569. Therefore, we are also 
consolidating collection 3060-0569 into 3060-0568. The Commission 
intends to discontinue collection 3060-0569 once the consolidation has 
been approved by OMB.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-15498 Filed 7-19-19; 8:45 am]
 BILLING CODE 6712-01-P