[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53723-53724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21941]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1022]
Information Collection Being Submitted for Review and Approval to
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,
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. Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it
might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.''
The Commission 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 November 7,
2019. If you anticipate that you will be submitting comments but find
it difficult to do so with the period of time allowed by this notice,
you should advise the contacts listed 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 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 Title of this ICR and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce
paperwork burdens, as required by the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501-3520), the FCC invited the general public and
other Federal Agencies to take this opportunity to comment on the
following information collection. Comments are requested concerning:
(a) 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; (b) the accuracy
of the Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) 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. Pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the FCC seeks specific comment on how it might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
[[Page 53724]]
OMB Control Number: 3060-1022.
Title: Sections 101.1403, 101.103(f), 101.1413, 101.1440, 101.1417
and 25.139 (MVDDS reporting, recordkeeping and third-party disclosures;
NGSO FSS and DBS recordkeeping and third-party disclosures)
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents: 18 respondents; 2,238 responses.
Estimated Time per Response: 0.25 hour-40 hours.
Frequency of Response: Annual and on occasion reporting
requirements; 5- and 10-years reporting requirements; third party
disclosure requirement; recordkeeping requirement.
Obligation to Respond: Required to obtain or retain benefits. 47
U.S.C. 154(i), 157(a), 301, 303(c), 303(f), 303(g), 303(r), 308, and
309(j).
Total Annual Burden: 5,316 hours.
Total Annual Cost: No cost.
Privacy Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: The collection is being revised because, the
Commission consolidated the information collection requirements
currently contained in collection 3060-1021 (Sec. 25.139) into 3060-
1022; therefore, OMB Control Number 3060-1021 will be discontinued once
the consolidation is approved by OMB. The Commission is also revising
estimates based on updated licensing activity with no programmatic
changes. This collection includes a Part 25 rule and various rules in
Part 101 that govern record retention, reporting, and third-party
disclosure requirements related to satellite and terrestrial sharing of
the 12.2-12.7 GHz band. The satellite operators are Non-Geostationary
Orbit Fixed Satellite Service (NGSO FSS) and Direct Broadcast Satellite
(DBS) Service. The terrestrial operators are Multichannel Video
Distribution and Data Service (MVDDS). The following information
collected will assist the Commission in analyzing trends and
competition in the marketplace. Section 25.139 requires NGSO FSS
licensees to maintain a subscriber database in a format that can be
readily shared to enable MVDDS licensees to determine whether a
proposed MVDDS transmitting antenna meets the minimum spacing
requirement relative to qualifying, existing NGSO FSS subscriber
receivers (set forth in Sec. 101.129, FCC Rules). Section 101.1403
requires certain MVDDS licensees that meet the statutory definition of
Multichannel Video Programming Distributor (MVPD) to comply with the
broadcast carriage requirements located 47 U.S.C. 325(b)(1). Any MVDDS
licensee that is an MVPD must obtain the prior express authority of a
broadcast station before retransmitting that station's signal, subject
to the exceptions contained in Sec. 325(b)(2) of the Communications
Act of 1934. Section 101.103(f) requires MVDDS licensees to provide
notice of intent to construct a proposed antenna to NGSO FSS licensees
operating in the 12.2-12.7 GHz frequency band and to establish and
maintain an internet website of all existing transmitting sites and
transmitting antenna that are scheduled for operation within one year
including the ``in service'' dates. Section 101.1413, as a construction
requirement, requires MVDDS licensees to file a showing of substantial
service at five and ten years into the initial license term.
Substantial service is defined as a ``service that is sound, favorable,
and substantially above a level of mediocre service which might
minimally warrant renewal.'' The Commission set forth a safe harbor to
serve as a guide to licensees in satisfying the substantial service
requirement, as well as additional factors that it would take into
consideration in determining whether a licensee satisfies the
substantial service standard. Section 101.1440 requires MVDDS licensees
to collect information and disclose information to third parties.
Therefore, the reporting and disclosure requirements are as follows:
Section 101.1440 requires MVDDS licensees to conduct a survey of the
area around its proposed transmitting antenna site to determine the
location of all DBS customers of record that may potentially be
affected by the introduction of its MVDDS service. At least 90 days
prior to the planned date of MVDDS commencement of operations, the
MVDDS licensee must then provide specific information to the DBS
licensee(s). Alternatively, MVDDS licensees may obtain a signed,
written agreement from DBS customers of record stating that they are
aware of and agree to their DBS system receiving MVDDS signal levels in
excess of the appropriate Equivalent Power Flux Density (EPFD) limits.
The DBS licensee must thereafter provide the MVDDS licensee with a list
of only those new DBS customer locations that have been *37284
installed in the 30-day period following the MVDDS notification that
the DBS licensee believes may receive harmful interference or where the
prescribed EPFD limits may be exceeded. If the MVDDS licensee
determines that its signal level will exceed the EPFD limit at any DBS
customer site, it shall take whatever steps are necessary, up to and
including finding a new transmitter site. Section 101.1417 requires
MVDDS licensees to file an annual report. The MVDDS licensees must file
with the Commission two copies of a ``licensee information report'' by
March 1st of each year for the preceding calendar year. This ``licensee
information report'' must include name and address of licensee;
station(s) call letters and primary geographic service area(s); and
statistical data for the licensee's station.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019-21941 Filed 10-7-19; 8:45 am]
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