[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Pages 10029-10030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3958]



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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

February 15, 2011.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. 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 estimate; (c) ways 
to enhance the quality, utility, and clarity of the information 
collected; (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, and (e) 
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 Paperwork Reduction Act (PRA) that does not 
display a currently valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before April 25, 2011. If you anticipate that you will 
be submitting PRA comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to the Federal Communications 
Commission via e-mail to <a href="/cdn-cgi/l/email-protection#a2f2f0e3e2c4c1c18cc5cdd4"><span class="__cf_email__" data-cfemail="9bcbc9dadbfdf8f8b5fcf4ed">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#1c5f7d687465324b757070757d716f5c7a7f7f327b736a"><span class="__cf_email__" data-cfemail="b3f0d2c7dbca9de4dadfdfdad2dec0f3d5d0d09dd4dcc5">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Cathy Williams on (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0419.
    Title: Sections 76.94, Notification; 76.95, Exceptions; 76.105, 
Notification; 76.106, Exceptions; 76.107, Exclusivity contracts; and 
76.1609, Non duplication and Syndicated Exclusivity.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 5,555 respondents; 199,304 
responses.
    Estimated Time per Response: 0.5-2.0 hours.
    Frequency of Response: On occasion reporting requirement; One time 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Section 4(i) of the Communications Act of 1934, as amended.
    Total Annual Burden: 183,856.
    Total Annual Cost: None.
    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: 47 CFR 76.94(a) and 76.105(a) require television 
stations and program distributors to notify cable television system 
operators of non-duplication protection and exclusivity rights being 
sought. The notification shall include (1) The name and address of the 
party requesting non-duplication protection/exclusivity rights and the 
television broadcast station holding the non-duplication right; (2) the 
name of the program or series for which protection is sought; and (3) 
the dates on which protection is to begin and end.
    47 CFR 76.94(b) requires broadcasters entering into contracts 
providing for network non-duplication protection to notify cable 
systems within 60 days of the signing of such a contract. If they are 
unable to provide notices as provided for in Section 74.94(a), they 
must provide modified notices that contain the name of the network 
which has extended non-duplication protection, the time periods by time 
of day and by network for each day of the week that the broadcaster 
will be broadcasting programs from that network, and the duration and 
extent of the protection.
    47 CFR 76.94(d) requires broadcasters to provide the following 
information to cable television systems under the following 
circumstances: (1) In the event the protection specified in the notices 
described in 47 CFR 76.94(a) or (b) has been limited or ended prior to 
the time specified in the notice, or in the event a time period, as 
identified to the cable system in a notice pursuant to Section 76.94(b) 
for which a broadcaster has obtained protection is shifted to another 
time of day or another day (but not expanded), the broadcaster shall, 
as soon as possible, inform each cable television system operator that 
has previously received the notice of all changes from the original 
notice. Notice to be furnished ``as soon as possible'' under this 
subsection shall be furnished by telephone, telegraph, facsimile, 
overnight mail or other similar expedient means. (2) In the event the 
protection specified in the modified notices described in Section 
76.94(b) has been expanded, the broadcaster shall, at least 60 calendar 
days prior to broadcast of a protected program entitled to such 
expanded protection, notify each cable system operator that has 
previously received notice of all changes from the original notice.
    47 CFR 76.94(e)(2) and 76.105(c)(2) state that if a cable 
television system asks a television station for information about its 
program schedule, the television station shall answer the request.
    47 CFR 76.94(f) and 76.107 require a distributor or broadcaster 
exercising exclusivity to provide to the cable system, upon request, an 
exact copy of those portions of the contracts, such portions to be 
signed by both the network and the broadcaster, setting forth in full 
the provisions pertinent to the duration, nature, and extent of the 
non-duplication terms concerning broadcast signal exhibition to which 
the parties have agreed. Providing copies of relevant portions of the 
contracts is assumed to be accomplished in the notification process set 
forth in Sections 76.94 and 76.105.
    47 CFR 76.95 states that the provisions of Sections 76.92 through 
76.94 (including the notification provisions of Section 76.94) shall 
not apply to a cable system serving fewer than 1,000 subscribers. 
Within 60 days following the provision of service to 1,000 subscribers, 
the operator of each such system shall file a notice to that effect 
with the Commission, and serve a copy of that notice on every 
television station that would be entitled to exercise network non-
duplication protection against it.
    47 CFR 76.105(d) requires that in the event the exclusivity 
specified in Section 76.94(a) has been limited or has ended prior to 
the time specified in the notice, the distributor or broadcaster who 
has supplied the original notice shall, as soon as possible, inform 
each cable television system operator that has previously received the 
notice of all changes from the original notice. In the event the 
original notice specified contingent dates on which exclusivity is to 
begin and/or end, the distributor or broadcaster shall, as soon as 
possible, notify the cable television system

[[Page 10030]]

operator of the occurrence of the relevant contingency. Notice to be 
furnished ``as soon as possible'' under this subsection shall be 
furnished by telephone, telegraph, facsimile, overnight mail or other 
similar expedient means.
    47 CFR 76.106(b) states that the provisions of Sections 76.101 
through 76.105 (including the notification provisions of Section 
76.105) shall not apply to a cable system serving fewer than 1,000 
subscribers. Within 60 days following the provision of service to 1,000 
subscribers, the operator of each such system shall file a notice to 
effect with the Commission, and serve a copy of that notice on every 
television station that would be entitled to exercise syndicated 
exclusivity protection against it.
    47 CFR 76.1609 states that network non-duplication provisions of 
Sections 76.92 through 76.94 shall not apply to cable systems serving 
fewer than 1,000 subscribers. Within 60 days following the provision of 
service to 1,000 subscribers, the operator of each system shall file a 
notice to that effect with the Commission, and serve a copy of that 
notice on every television station that would be entitled to exercise 
network non-duplication or syndicated exclusivity protection against 
it.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-3958 Filed 2-22-11; 8:45 am]
BILLING CODE 6712-01-P


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