[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Notices]
[Pages 75070-75071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27436]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted to OMB 
for Review and Approval

December 8, 2004.
SUMMARY: The Federal Communications Commissions, 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, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency 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 valid control 
number. 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; 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.

DATES: Written comments should be submitted on or before January 14, 
2005. 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 comments to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC 20554 or via the Internet to <a href="/cdn-cgi/l/email-protection#cd8eacb9a5b4e39aa4a1a1a4aca0be8dabaeaee3aaa2bb"><span class="__cf_email__" data-cfemail="5c1f3d283425720b353030353d312f1c3a3f3f723b332a">[email protected]</span></a> or 
Kristy L. LaLonde, Office of Management and Budget (OMB), Room 10236 
NEOB, Washington, DC 20503, (202) 395-3087 or via the Internet at 
<a href="/cdn-cgi/l/email-protection#c982bba0babdb09685e79685a885a6a7adac89a6a4abe7aca6b9e7aea6bf"><span class="__cf_email__" data-cfemail="2a615843595e5375660475664b6645444e4f6a454748044f455a044d455c">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For additional information or copy of 
the information collection(s) contact Cathy Williams at (202) 418-2918 
or via the Internet at <a href="/cdn-cgi/l/email-protection#cb88aabfa3b2e59ca2a7a7a2aaa6b88bada8a8e5aca4bd"><span class="__cf_email__" data-cfemail="dc9fbda8b4a5f28bb5b0b0b5bdb1af9cbabfbff2bbb3aa">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0095.
    Title: Multi-Channel Video Programming Distributors Annual 
Employment Report, FCC Form 395-A.
    Form Number: FCC Form 395-A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 2,500.
    Estimated Time Per Response: 53 minutes (0.88 hours).
    Frequency of Response: Recordkeeping requirement; Annual reporting 
requirement; Once every five years.
    Total Annual Burden: 2,200 hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 395-A, ``The Multi-Channel Video 
Programming Distributor Annual Employment Report,'' is a data 
collection device used to assess industry employment trends and provide 
reports to Congress. The report identifies employees by gender and 
race/ethnicity in fifteen job categories. FCC Form 395-A contains a 
grid which collects data on full and part-time employees and requests a 
list of employees by job title, indicating the job category and full or 
part-time status of the position. Every cable entity with 6 or more 
full-time employees and all Satellite Master Antenna Television Systems 
(SMATV) serving 50 or more subscribers and having 6 or more full-time 
employees must complete FCC Form 395-A in its entirety and file it by 
September 30 each year. However, cable entities with 5 or fewer full-
time employees are not required to file but if they do, they need to 
complete and file only Sections I, II and VIII of the FCC Form 395-A, 
and thereafter need not file again unless their employment increases. 
In addition, cable entities with 6 or more full-time employees will 
file a Supplemental Investigation Sheet once every 5 years.
    On June 4, 2004, the FCC released the Third Report and Order and 
Fourth Notice of Proposed Rulemaking (3rd R&O), In the Matter of Review 
of Commission's Broadcast and Cable Equal Employment Opportunity Rules 
and Policies, MM Docket No. 98-204, FCC 04-103, in which it considers 
issues relating to the Annual Employment Report forms, including FCC 
Form 395-A, ``The Multi-Channel Video Programming Distributor Annual 
Employment Report.'' In the 3rd R&O, the Commission is adopting revised 
rules for MVPDs to file FCC Form 395-A, which cable and other MVPDs 
will use to file annual employment reports. The intent of this 3rd R&O 
is to update rules for MVPDs to file Form 395-A consistent with new 
rules adopted in the 2nd R&O. The intent of the Fourth Notice of 
Proposed Rulemaking is to provide time for cable and other MVPDs and 
the public to address the issue of whether the Commission should keep 
these forms confidential after they are filed. With the effective date 
of the rule revisions adopted in the 3rd R&O, MVPDs and broadcasters 
must start keeping records of their employees so they can prepare their 
annual employment reports that were due to be filed on September 30, 
2004.
    OMB Control Number: 3060-0171.
    Title: Section 73.1125, Station Main Studio Location.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 72.
    Estimated Time Per Response: 0.5-2 hours.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 135 hours.
    Total Annual Cost: $87,780.00.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On March 14, 2002, the Commission released an 
Order, Establishment of the Media Bureau and Other Organizational 
Changes, DA No. 02-577, the Commission amended 47 CFR 73.1125(d) to 
reflect the reorganization of the existing Cable Services and Mass 
Media Bureaus into a new Media Bureau. Section 73.1125(d) requires 
licensees to receive written authority to locate a main studio outside 
the locations specified in paragraph (a) or (c) of this rule section 
for the first time must be obtained from the Audio Division, Media 
Bureau for AM and FM stations, or the Video Division for TV

[[Page 75071]]

and Class A television stations before the studio may be moved to that 
location. Where the main studio is already authorized at a location 
outside those specified in paragraph (a) or (c) of this rule section, 
and the licensee or permittee desires to specify a new location also 
located outside those locations, written authority must also be 
received from the Commission prior to the relocation of the main 
studio. Authority for these changes may be requested by filing a letter 
with an explanation of the proposed changes with the appropriate 
division. Licensees or permittees should also be aware that the filing 
of such a letter request does not imply approval of the relocation 
request, because each request is addressed on case-by-case basis. 
Commercial AM, FM, TV or Class A TV licensees or permittees much pay a 
fee when filing a request letter under 47 CFR 1.1104.
    OMB Control Number: 3060-0390.
    Title: Broadcast Station Annual Employment Report, FCC Form 395-B.
    Form Number: FCC Form 395-B.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 14,000.
    Estimated Time Per Response: 0.88 hours.
    Frequency of Response: Annual reporting requirement.
    Total Annual Burden: 12,320 hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: ``The Broadcast Station Annual Employment Report,'' 
is used to assess industry employment trends and provide reports to 
Congress. Licensees with five or more full-time employees are required 
to file FCC Form 395-B on or before September 30th of each year. The 
form is a data collection device used to compile statistics on the 
workforce employed by broadcast licensees/permittees. The report 
identifies each staff member by gender and race/ethnicity in each of 
the nice major job categories. On June 4, 2004, the FCC released the 
Third Report and Order and Fourth Notice of Proposed Rulemaking (3rd 
R&O), In the Matter of Review of the Commission's Broadcast and Cable 
Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204, 
FCC 04-103, in which it considers issues relating to the Annual 
Employment Report forms, including FCC Form 395-B, ``The Broadcast 
Station Annual Employment Report.'' In the 3rd R&O, the Commission is 
adopting revised rules requiring broadcasters and multi-channel video 
programming distributors (MVPDs) to file annual employment reports. 
Radio and television broadcasters will use FCC Form 395-B to file 
annual employment reports. The intent of this 3rd R&O is to reinstate 
and update requirements for broadcasters and MVPDs to file annual 
employment reports. The intent of the Fourth Notice of Proposed 
Rulemaking is to provide time for MVPDs, broadcast licensees, and the 
public to address the issue of whether the Commission should keep these 
forms confidential after they are filed. With the effective date of the 
rule revisions adopted in the 3rd R&O, MVPDs, and broadcasters must 
start keeping records of their employees so they can prepare their 
annual employment reports that was due to be filed on or before 
September 30, 2004.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-27436 Filed 12-14-04; 8:45 am]
BILLING CODE 6712-01-P


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