[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