[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58498-58499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20894]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0568; FR ID 106371]


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 
can further reduce the information collection burden for small business 
concerns with fewer than 25 employees.

DATES: Written comments and recommendations for the proposed 
information collection should be submitted on or before October 27, 
2022.

ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. Your comment must be submitted into 
www.reginfo.gov per the above instructions for it to be considered. In 
addition to submitting in www.reginfo.gov also send a copy of your 
comment on the proposed information collection to Cathy Williams, FCC, 
via email to [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: 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.
    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.''
    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: Extension 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.
    Needs and Uses: The information collection requirements for this 
collection 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
    (d) if specifically requested, a sample leased access contract.
    Bona fide requests, as used in this section, are defined as 
requests from

[[Page 58499]]

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.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2022-20894 Filed 9-26-22; 8:45 am]
BILLING CODE 6712-01-P