[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45213-45214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14915]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0550, OMB 3060-0560; FR ID 154532]


Information Collections Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

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), 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 collections. 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.

DATES: Written comments should be submitted on or before September 12, 
2023. 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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email 
[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: 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.
    As part of its continuing effort to reduce paperwork burdens, and 
as required by the PRA of 1995 (44 U.S.C. 3501-3520), the FCC invites 
the general public and other Federal agencies to take this opportunity 
to comment on the following information collections. 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.
    OMB Control Number: 3060-0550.
    Title: Local Franchising Authority Certification, FCC Form 328; 
Section 76.910, Franchising Authority Certification.
    Form No.: FCC Form 328.
    Type of Review: Extension of a currently approved collection.
    Respondents: State, local or tribal governments; Businesses or 
other for-profit entities.
    Number of Respondents and Responses: 7 respondents; 13 responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement; Third party 
disclosure requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
section 3 of the Cable Television Consumer Protection and Competition 
Act of 1992 (47 U.S.C. 543), as well as sections 4(i), 4(j), and 623 of 
the Communications Act of 1934, as amended, and section 111 of the 
STELA Reauthorization Act of 2014.
    Total Annual Burden: 26 hours.
    Total Annual Cost: No cost.
    Needs and Uses: On June 3, 2015, the Commission released a Report 
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted 
a rebuttable presumption that cable operators are subject to competing 
provider effective competition. The information collection requirements 
have not changed since they were last approved by the Office of 
Management and Budget (OMB). The information collection requirements 
consist of:
    FCC Form 328. Pursuant to section 76.910, a franchising authority 
must be certified by the Commission to regulate the basic service tier 
and associated equipment of a cable system within its jurisdiction. To 
obtain this certification, the franchising authority must prepare and 
submit FCC Form 328. The Report and Order revised section 76.910 to 
require a franchising authority filing Form 328 to submit specific 
evidence demonstrating its rebuttal of the presumption in section 
76.906 that the cable system is subject to competing provider effective 
competition pursuant to section 76.905(b)(2). The franchising authority 
bears the burden of submitting evidence rebutting the presumption that 
competing provider effective competition, as defined in section 
76.905(b)(2), exists in the franchise area. Unless a franchising 
authority has actual knowledge to the contrary, it may rely on the 
presumption in section 76.906 that the cable system is not subject to 
one of the other three types of effective competition.
    Evidence establishing lack of effective competition. If the 
evidence establishing the lack of effective competition is not 
otherwise available, section 76.910(b)(4) provides that franchising 
authorities may request from a multichannel video programming 
distributor (MVPD) information regarding the MVPD's reach and number of 
subscribers. An MVPD must respond to such request within 15 days. Such 
responses may be limited to numerical totals.
    Franchising authority's obligations if certified. Section 76.910(e) 
of the Commission's rules currently provides

[[Page 45214]]

that, unless the Commission notifies the franchising authority 
otherwise, the certification will become effective 30 days after the 
date filed, provided, however, that the franchising authority may not 
regulate the rates of a cable system unless it: (1) Adopts regulations 
(i) consistent with the Commission's regulations governing the basic 
tier and (ii) providing a reasonable opportunity for consideration of 
the views of interested parties, within 120 days of the effective date 
of the certification; and (2) notifies the cable operator that the 
franchising authority has been certified and has adopted the required 
regulations.
    OMB Control Number: 3060-0560.
    Title: Section 76.911, Petition for Reconsideration of 
Certification.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: State, local or tribal governments; Businesses or 
other for-profit entities.
    Number of Respondents and Responses: 15 respondents; 25 responses.
    Estimated Time per Response: 2-10 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
sections 4(i) and 623 of the Communications Act of 1934, as amended.
    Total Annual Burden: 130 hours.
    Total Annual Cost: No cost.
    Needs and Uses: On June 3, 2015, the Commission released a Report 
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted 
a rebuttable presumption that cable operators are subject to competing 
provider effective competition. Reversing the previous rebuttable 
presumption of no effective competition and adopting the procedures 
discussed in the Report and Order resulted in changes to the 
information collection burdens.
    The information collection requirements consist of: Petitions for 
reconsideration of certification, oppositions and replies thereto, 
cable operator requests to competitors for information regarding the 
competitor's reach and number of subscribers if evidence establishing 
effective competition is not otherwise available, and the competitors 
supplying this information. They have not changed since they were last 
approved by OMB.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-14915 Filed 7-13-23; 8:45 am]
BILLING CODE 6712-01-P