[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Pages 35774-35775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12616]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1022; FR ID 90627]


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 collection.

[[Page 35775]]

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 PRA comments should be submitted on or before August 12, 
2022. 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 to 
[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: 
    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: Extension 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.
    Needs and Uses: 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 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.
[FR Doc. 2022-12616 Filed 6-10-22; 8:45 am]
BILLING CODE 6712-01-P