[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69437-69439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28525]



[[Page 69437]]

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FEDERAL COMMUNICATIONS COMMISSION


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

November 2, 2010.
SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission invites the general 
public and other Federal agencies to comment on the following 
information collection(s). 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 for 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 OMB 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 that 
does not display a valid OMB control number.

DATES: Written PRA comments should be submitted on or before January 
11, 2011. 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 Nicholas A. Fraser, Office of 
Management and Budget, via fax at (202) 395-5167 or via e-mail to 
<a href="/cdn-cgi/l/email-protection#440a2d272c2b2825371b056a1b023625372136042b29266a212b346a232b32"><span class="__cf_email__" data-cfemail="9ad4f3f9f2f5f6fbe9c5dbb4c5dce8fbe9ffe8daf5f7f8b4fff5eab4fdf5ec">[email protected]</span></a> and to the Federal Communications 
Commission via e-mail to <a href="/cdn-cgi/l/email-protection#baeae8fbfadcd9d994ddd5cc"><span class="__cf_email__" data-cfemail="6b3b392a2b0d0808450c041d">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#6f2c0e1b07164138060303060e021c2f090c0c41080019"><span class="__cf_email__" data-cfemail="175476637f6e39407e7b7b7e767a645771747439707861">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection(s), contact Cathy Williams at (202) 418-2918 or 
send an e-mail to <a href="/cdn-cgi/l/email-protection#a6f6f4e7e6c0c5c588c1c9d0"><span class="__cf_email__" data-cfemail="5f0f0d1e1f393c3c71383029">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0652.
    Title: Section 76.309, Customer Service Obligations; Section 
76.1602; Customer Service--General Information; Section 76.1603, 
Customer Service--Rate and Service Changes--General Information, and 
Section 76.1619, Information on Subscriber Bills.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; State, Local or 
Tribal Government.
    Number of Respondents and Responses: 8,260 respondents and 117,510 
responses.
    Estimated Time per Response: 10 minutes to 1 hour.
    Frequency of Response: On occasion reporting requirement; third 
party disclosure requirement.
    Total Annual Burden: 29,235 hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Nature of Response: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 4(i) 
and 632 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: 47 CFR 76.309 and 47 CFR 76.1603 set forth various 
customer service obligations and notification requirements for changes 
in rates, programming services and channel positions.
    47 CFR 76.1602(a) states that franchise authorities must provide 
affected cable operators 90 days written notice of their intent to 
enforce customer services standards.
    47 CFR 76.1603(b) states that customers will be notified of any 
changes in rates, programming services or channel positions as soon as 
possible in writing. Notice must be given to subscribers a minimum of 
thirty (30) days in advance of such changes if the change is within the 
control of the cable operator. In addition, the cable operator shall 
notify subscribers 30 days in advance of any significant changes in the 
other information required by Section 76.1602.
    47 CFR 76.1603(c) states that in addition to the requirement set 
forth in Section 76.1603(b) regarding advance notification to customers 
of any changes in rates, programming services or channel positions, 
cable systems shall give 30 days written notice to both subscribers and 
local franchising authorities before implementing any rate or service 
change. Such notice shall state the precise amount of any rate change 
and briefly explain in readily understandable fashion the cause of the 
rate change (e.g. inflation, changes in external costs or the addition/
deletion of channels). When the change involves the addition or 
deletion of channels, each channel added or deleted must be separately 
identified.
    47 CFR 76.1619(b) states that in case of a billing dispute, the 
cable operator must respond to a written complaint from a subscriber 
within 30 days. In addition, Section 76.1619 sets forth requirements 
for information on subscriber bills.
    OMB Control Number: 3060-0667.
    Title: Section 76.630 Compatibility with Consumer Electronic 
Equipment; Section 76.1621 Equipment compatibility offer; Section 
76.1622 Consumer Education of Equipment Compatibility.
    From Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 8,250 respondents and 266,505 
responses.
    Estimated Hours per Response: 1-3 hours.
    Frequency of Response: Recordkeeping and third party disclosure 
requirements; On occasion reporting requirement.
    Total Annual Burden: 266,515 hours.
    Total Annual Cost: $5,800.
    Privacy Impact Assessment: No impact(s).
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 4(i) 
and 632 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: 47 CFR 76.630(a) states a cable system operator 
shall not scramble or otherwise encrypt signals carried on the basic 
service tier. Requests for waivers of this prohibition must demonstrate 
either a substantial problem with theft of basic tier service or a 
strong need to scramble basic signals for other reasons. As part of 
this showing, cable operators are required to notify subscribers by 
mail of waiver requests. The notice to subscribers must be mailed no 
later than thirty calendar days from the date the request waiver was 
filed with the Commission, and cable operators must inform the 
Commission in writing, as soon as possible, of that notification date. 
The notification to subscribers must state: On (date waiver request was 
filed with

[[Page 69438]]

the Commission), (cable operator's name) filed with the Federal 
Communications Commission a request for waiver of the rule prohibiting 
scrambling of channels on the basic tier of service. 47 CFR 76.630(a). 
The request for waiver states (a brief summary of the waiver request). 
A copy of the request for waiver is on file for public inspection at 
(the address of the cable operator's local place of business).
    Individuals who wish to comment on this request for waiver should 
mail comments to the Federal Communications Commission by no later than 
30 days from (the date the notification was mailed to subscribers). 
Those comments should be addressed to the: Federal Communications 
Commission, Media Bureau, Washington, DC 20554, and should include the 
name of the cable operator to whom the comments are applicable. 
Individuals should also send a copy of their comments to (the cable 
operator at its local place of business). Cable operators may file 
comments in reply no later than 7 days from the date subscriber 
comments must be filed.
    47 CFR 76.1621 states that cable system operators that use 
scrambling, encryption or similar technologies in conjunction with 
cable system terminal devices, as defined in Sec.  15.3(e) of this 
chapter, that may affect subscribers' reception of signals shall offer 
to supply each subscriber with special equipment that will enable the 
simultaneous reception of multiple signals. The equipment offered shall 
include a single terminal device with dual descramblers/decoders and/or 
timers and bypass switches. Other equipment, such as two independent 
set-top terminal devices may be offered at the same time that the 
single terminal device with dual tuners/descramblers is offered. For 
purposes of this rule, two set-top devices linked by a control system 
that provides functionality equivalent to that of a single device with 
dual descramblers is considered to be the same as a terminal device 
with dual descramblers/decoders.
    (a) The offer of special equipment shall be made to new subscribers 
at the time they subscribe and to all subscribers at least once each 
year.
    (b) Such special equipment shall, at a minimum, have the 
capability:
    (1) To allow simultaneous reception of any two scrambled or 
encrypted signals and to provide for tuning to alternative channels on 
a pre-programmed schedule; and
    (2) To allow direct reception of all other signals that do not need 
to be processed through descrambling or decryption circuitry (this 
capability can generally be provided through a separate by-pass switch 
or through internal by-pass circuitry in a cable system terminal 
device).
    (c) Cable system operators shall determine the specific equipment 
needed by individual subscribers on a case-by-case basis, in 
consultation with the subscriber. Cable system operators are required 
to make a good faith effort to provide subscribers with the amount and 
types of special equipment needed to resolve their individual 
compatibility problems.
    (d) Cable operators shall provide such equipment at the request of 
individual subscribers and may charge for purchase or lease of the 
equipment and its installation in accordance with the provisions of the 
rate regulation rules for customer premises equipment used to receive 
the basic service tier, as set forth in Sec.  76.923. Notwithstanding 
the required annual offering, cable operators shall respond to 
subscriber requests for special equipment for reception of multiple 
signals that are made at any time.
    47 CFR 76.1622 states that Cable system operators shall provide a 
consumer education program on compatibility matters to their 
subscribers in writing, as follows:
    (a) The consumer information program shall be provided to 
subscribers at the time they first subscribe and at least once a year 
thereafter. Cable operators may choose the time and means by which they 
comply with the annual consumer information requirement. This 
requirement may be satisfied by a once-a-year mailing to all 
subscribers. The information may be included in one of the cable 
system's regular subscriber billings.
    (b) The consumer information program shall include the following 
information:
    (1) Cable system operators shall inform their subscribers that some 
models of TV receivers and videocassette recorders may not be able to 
receive all of the channels offered by the cable system when connected 
directly to the cable system. In conjunction with this information, 
cable system operators shall briefly explain, the types of channel 
compatibility problems that could occur if subscribers connected their 
equipment directly to the cable system and offer suggestions for 
resolving those problems. Such suggestions could include, for example, 
the use of a cable system terminal device such as a set-top channel 
converter. Cable system operators shall also indicate that channel 
compatibility problems associated with reception of programming that is 
not scrambled or encrypted programming could be resolved through use of 
simple converter devices without descrambling or decryption 
capabilities that can be obtained from either the cable system or a 
third party retail vendor.
    (2) In cases where service is received through a cable system 
terminal device, cable system operators shall indicate that subscribers 
may not be able to use special features and functions of their TV 
receivers and videocassette recorders, including features that allow 
the subscriber to: View a program on one channel while simultaneously 
recording a program on another channel; record two or more consecutive 
programs that appear on different channels; and, use advanced picture 
generation and display features such as ``Picture-in-Picture,'' channel 
review and other functions that necessitate channel selection by the 
consumer device.
    (3) In cases where cable system operators offer remote control 
capability with cable system terminal devices and other customer 
premises equipment that is provided to subscribers, they shall advise 
their subscribers that remote control units that are compatible with 
that equipment may be obtained from other sources, such as retail 
outlets. Cable system operators shall also provide a representative 
list of the models of remote control units currently available from 
retailers that are compatible with the customer premises equipment they 
employ. Cable system operators are required to make a good faith effort 
in compiling this list and will not be liable for inadvertent 
omissions. This list shall be current as of no more than six months 
before the date the consumer education program is distributed to 
subscribers. Cable operators are also required to encourage subscribers 
to contact the cable operator to inquire about whether a particular 
remote control unit the subscriber might be considering for purchase 
would be compatible with the subscriber's customer premises equipment.
    OMB Control Number: 3060-0960.
    Title: 47 CFR 76.122, Satellite Network Non-duplication Protection 
Rules; 47 CFR 76.123, Satellite Syndicated Program Exclusivity Rules; 
47 CFR 76.124, Requirements for Invocation of Non-duplication and 
Syndicated Exclusivity Protection; 47 CFR 76.127, Satellite Sports 
Blackout Rules.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.

[[Page 69439]]

    Number of Respondents and Responses: 12,686 respondents and 12,402 
responses.
    Estimated Time per Response: 0.5-1 hour.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Total Annual Burden: 12,402 hours.
    Total Annual Costs: None.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 4(i), 
4(j), 303(r), 339 and 340 of the Communications Act of 1934, as 
amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: 47 CFR 76.122, 76.123, 76.124 and 76.127 are used 
to protect exclusive contract rights negotiated between broadcasters, 
distributors, and rights holders for the transmission of network, 
syndicated, and sports programming in the broadcasters' recognized 
market areas. Rule sections 76.122 and 76.123 implement statutory 
requirements to provide rights for in-market stations to assert non-
duplication and exclusivity rights.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.
[FR Doc. 2010-28525 Filed 11-10-10; 8:45 am]
BILLING CODE 6712-01-P


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