67282 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

System(s) of Records 

The HUD records shared as part of 

this CMA reside within the following: 

(1) HUD’s Tenant Rental Assistance 

Certification System (TRACS) system of 

records that HUD has designated as 

HUD/HOU–11, published in the Federal 

Register on July 14, 2023 (88 FR 45234). 

Routine Use No. 8 supports HUD’s 

disclosure under this Agreement. 

(2) HUD’s Inventory Management 

System/Public Housing Information 

Center (IMS/PIC) system of records that 

HUD has designated as HUD/PIH.01, 

published in the Federal Register on 

March 21, 2023 (88 FR 17005) and 

modifying the notice published on 

March 25, 2019 (84 FR 11117). Routine 

Use No. 14 supports HUD’s disclosures 

under this Agreement. 

The FCC SORNs that support this 

matching program are: (1) ‘‘FCC/WCB– 

1,’’ Lifeline, which was published in the 

Federal Register at 86 FR 11526 (Feb. 

25, 2021); and (2) ‘‘FCC/WCB–3,’’ 

Affordable Connectivity Program, which 

was published in the Federal Register at 

86 FR 71494 (Dec. 16, 2021). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2023–21295 Filed 9–28–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0249, OMB 3060–0501, OMB 

3060–0573, OMB 3060–0888 and 3060–1254; 

FR ID 173969] 

Information Collections Being 

Submitted for Review and Approval to 

Office of Management and Budget 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

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 might 

‘‘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 30, 

2023. 

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 PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

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: 3060–0249. 

Title: Sections 74.781, 74.1281 and 

78.69, Station Records. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business and other forprofit entities; not-for-profit institutions; 

State, Federal or Tribal governments. 

Number of Respondents and 

Responses: 14,052 respondents; 19,077 

responses. 

Estimated Time per Response: 0.375 

hour–1 hour. 

Frequency of Response: 

Recordkeeping requirement. 

Total Annual Burden: 12,751 hours. 

Total Annual Cost: $6,030,000. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in Section 

154(i) of the Communications Act of 

1934, as amended. 

Needs and Uses: The information 

collection requirements contained in 

this collection are as follows: 

47 CFR 74.781 information collection 

requirements include the following: (a) 

The licensee of a low power TV, TV 

translator, or TV booster station shall 

maintain adequate station records, 

including the current instrument of 

authorization, official correspondence 

with the FCC, contracts, permission for 

rebroadcasts, and other pertinent 

documents. 

(b) Entries required by § 17.49 of this 

Chapter concerning any observed or 

otherwise known extinguishment or 

improper functioning of a tower light: 

(1) The nature of such extinguishment 

or improper functioning. (2) The date 

and time the extinguishment or 

improper operation was observed or 

otherwise noted. (3) The date, time and 

nature of adjustments, repairs or 

replacements made. 

(c) The station records shall be 

maintained for inspection at a 

residence, office, or public building, 

place of business, or other suitable 


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place, in one of the communities of 

license of the translator or booster, 

except that the station records of a 

booster or translator licensed to the 

licensee of the primary station may be 

kept at the same place where the 

primary station records are kept. The 

name of the person keeping station 

records, together with the address of the 

place where the records are kept, shall 

be posted in accordance with § 74.765(c) 

of the rules. The station records shall be 

made available upon request to any 

authorized representative of the 

Commission. 

(d) Station logs and records shall be 

retained for a period of two years. 

47 CFR 74.1281 information 

collection requirements include the 

following: (a) The licensee of a station 

authorized under this Subpart shall 

maintain adequate station records, 

including the current instrument of 

authorization, official correspondence 

with the FCC, maintenance records, 

contracts, permission for rebroadcasts, 

and other pertinent documents. 

(b) Entries required by § 17.49 of this 

chapter concerning any observed or 

otherwise known extinguishment or 

improper functioning of a tower light: 

(1) The nature of such extinguishment 

or improper functioning. 

(2) The date and time the 

extinguishment of improper operation 

was observed or otherwise noted. 

(3) The date, time and nature of 

adjustments, repairs or replacements 

made. 

(c) The station records shall be 

maintained for inspection at a 

residence, office, or public building, 

place of business, or other suitable 

place, in one of the communities of 

license of the translator or booster, 

except that the station records of a 

booster or translator licensed to the 

licensee of the primary station may be 

kept at the same place where the 

primary station records are kept. The 

name of the person keeping station 

records, together with the address of the 

place where the records are kept, shall 

be posted in accordance with 

§ 74.1265(b) of the rules. The station 

records shall be made available upon 

request to any authorized representative 

of the Commission. 

(d) Station logs and records shall be 

retained for a period of two years. 

47 CFR 78.69 requires each licensee of 

a CARS station shall maintain records 

showing the following: (a) For all 

attended or remotely controlled stations, 

the date and time of the beginning and 

end of each period of transmission of 

each channel; 

(b) For all stations, the date and time 

of any unscheduled interruptions to the 

transmissions of the station, the 

duration of such interruptions, and the 

causes thereof; 

(c) For all stations, the results and 

dates of the frequency measurements 

made pursuant to § 78.113 and the name 

of the person or persons making the 

measurements; 

(d) For all stations, when service or 

maintenance duties are performed, 

which may affect a station’s proper 

operation, the responsible operator shall 

sign and date an entry in the station’s 

records, giving: 

(1) Pertinent details of all transmitter 

adjustments performed by the operator 

or under the operator’s supervision. 

(e) When a station in this service has 

an antenna structure which is required 

to be illuminated, appropriate entries 

shall be made as follows: 

(1) The time the tower lights are 

turned on and off each day, if manually 

controlled. 

(2) The time the daily check of proper 

operation of the tower lights was made, 

if an automatic alarm system is not 

employed. 

(3) In the event of any observed or 

otherwise known failure of a tower 

light: 

(i) Nature of such failure. 

(ii) Date and time the failure was 

observed or otherwise noted. 

(iii) Date, time, and nature of the 

adjustments, repairs, or replacements 

made. 

(iv) Identification of Flight Service 

Station (Federal Aviation 

Administration) notified of the failure of 

any code or rotating beacon light not 

corrected within 30 minutes, and the 

date and time such notice was given. 

(v) Date and time notice was given to 

the Flight Service Station (Federal 

Aviation Administration) that the 

required illumination was resumed. 

(4) Upon completion of the 3-month 

periodic inspection required by 

§ 78.63(c): 

(i) The date of the inspection and the 

condition of all tower lights and 

associated tower lighting control 

devices, indicators, and alarm systems. 

(ii) Any adjustments, replacements, or 

repairs made to insure compliance with 

the lighting requirements and the date 

such adjustments, replacements, or 

repairs were made. 

(f) For all stations, station record 

entries shall be made in an orderly and 

legible manner by the person or persons 

competent to do so, having actual 

knowledge of the facts required, who 

shall sign the station record when 

starting duty and again when going off 

duty. 

(g) For all stations, no station record 

or portion thereof shall be erased, 

obliterated, or willfully destroyed 

within the period of retention required 

by rule. Any necessary correction may 

be made only by the person who made 

the original entry who shall strike out 

the erroneous portion, initial the 

correction made, and show the date the 

correction was made. 

(h) For all stations, station records 

shall be retained for a period of not less 

than 2 years. The Commission reserves 

the right to order retention of station 

records for a longer period of time. In 

cases where the licensee or permittee 

has notice of any claim or complaint, 

the station record shall be retained until 

such claim or complaint has been fully 

satisfied or until the same has been 

barred by statute limiting the time for 

filing of suits upon such claims. 

OMB Control Number: 3060–0501. 

Title: Section 73.1942 Candidates 

Rates; Section 76.206 Candidate Rates; 

Section 76.1611, Political Cable Rates 

and Classes of Time. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 17,561 respondents; 403,610 

responses. 

Estimated Time per Response: 0.5 

hours to 20 hours. 

Frequency of Response: 

Recordkeeping requirement; On 

occasion reporting requirement; Semiannual 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 

154(i) and 315 of the Communications 

Act of 1934, as amended. 

Total Annual Burden: 927,269 hours. 

Total Annual Cost: No cost. 

Needs and Uses: Section 315 of the 

Communications Act directs broadcast 

stations and cable operators to charge 

political candidates the ‘‘lowest unit 

charge of the station’’ for the same class 

and amount of time for the same period, 

during the 45 days preceding a primary 

or runoff election and the 60 days 

preceding a general or special election. 

The information collection 

requirements contained in 47 CFR 

73.1942 require broadcast licensees and 

the requirements contained in 47 CFR 

76.206 require cable television systems 

to disclose any station practices offered 

to commercial advertisers that enhance 

the value of advertising spots and 

different classes of time (immediately 

preemptible, preemptible with notice, 

fixed, fire sale, and make good). These 

rule sections also require licensees and 


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cable TV systems to calculate the lowest 

unit charge. Broadcast stations and 

cable systems are also required to 

review their advertising records 

throughout the election period to 

determine whether compliance with 

these rule sections require that 

candidates receive rebates or credits. 

The information collection 

requirements contained in 47 CFR 

76.1611 require cable systems to 

disclose to candidates information about 

rates, terms, conditions and all valueenhancing discount privileges offered to 

commercial advertisers. 

OMB Control Number: 3060–0573. 

Title: Application for Franchise 

Authority Consent to Assignment or 

Transfer of Control of Cable Television 

Franchise, FCC Form 394. 

Form Number: FCC Form 394. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business of other forprofit entities; State, local or Tribal 

government. 

Number of Respondents and 

Responses: 2,000 respondents; 1,000 

responses. 

Estimated Time per Response: 1–5 

hours. 

Frequency of Response: Third Party 

Disclosure Requirement. 

Total Annual Burden: 7,000 hours. 

Total Annual Costs: $750,000. 

Needs and Uses: FCC Form 394 is a 

standardized form that is completed by 

cable operators in connection with the 

assignment and transfer of control of 

cable television systems. On July 23, 

1993, the Commission released a Report 

and Order and Further Notice of 

Proposed Rulemaking in MM Docket 

No. 92–264, FCC 93–332, 

Implementation of Sections 11 and 13 of 

the Cable Television Consumer 

Protection and Competition Act of 1992, 

Horizontal and Vertical Ownership 

Limits, Cross-Ownership Limitations 

and Anti-Trafficking Provisions. Among 

other things, this Report and Order 

established procedures for use of the 

FCC Form 394. 

OMB Control Number: 3060–0888. 

Title: Section 1.221, Notice of hearing; 

appearances; Section 1.229 Motions to 

enlarge, change, or delete issues; 

Section 1.248 Prehearing conferences; 

hearing conferences; Section 76.7, 

Petition Procedures; Section 76.9, 

Confidentiality of Proprietary 

Information; Section 76.61, Dispute 

Concerning Carriage; Section 76.914, 

Revocation of Certification; Section 

76.1001, Unfair Practices; Section 

76.1003, Program Access Proceedings; 

Section 76.1302, Carriage Agreement 

Proceedings; Section 76.1513, Open 

Video Dispute Resolution. 

Form Number: Not applicable. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Businesses or other forprofit. 

Number of Respondents and 

Responses: 684 respondents; 684 

responses. 

Estimated Time per Response: 6.4 to 

95.4 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), 4(j) 303(r), 338, 340, 614, 615, 616, 

623, 628, and 653 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 34,816 hours. 

Total Annual Cost: $3,775,680. 

Needs and Uses: Commission rules 

specify pleading and other procedural 

requirements for parties filing petitions 

or complaints under Part 76 of the 

Commission’s rules, including petitions 

for special relief, cable carriage 

complaints, program access complaints, 

and program carriage complaints. 

47 CFR 1.221(f) requires that, in a 

program carriage complaint proceeding 

filed pursuant to § 76.1302 that the 

Chief, Media Bureau refers to an 

administrative law judge for an initial 

decision, each party, in person or by 

attorney, shall file a written appearance 

within five calendar days after the party 

informs the Chief Administrative Law 

Judge that it elects not to pursue 

alternative dispute resolution pursuant 

to § 76.7(g)(2) or, if the parties have 

mutually elected to pursue alternative 

dispute resolution pursuant to 

§ 76.7(g)(2), within five calendar days 

after the parties inform the Chief 

Administrative Law Judge that they 

have failed to resolve their dispute 

through alternative dispute resolution. 

The written appearance shall state that 

the party will appear on the date fixed 

for hearing and present evidence on the 

issues specified in the hearing 

designation order. 

47 CFR 1.229(b)(1) requires that, in a 

program carriage complaint proceeding 

filed pursuant to § 76.1302 that the 

Chief, Media Bureau refers to an 

administrative law judge for an initial 

decision, a motion to enlarge, change, or 

delete issues shall be filed within 15 

calendar days after the deadline for 

submitting written appearances 

pursuant to § 1.221(h), except that 

persons not named as parties to the 

proceeding in the designation order may 

file such motions with their petitions to 

intervene up to 30 days after publication 

of the full text or a summary of the 

designation order in the Federal 

Register. 

47 CFR 1.229(b)(2) provides that any 

person desiring to file a motion to 

modify the issues after the expiration of 

periods specified in paragraphs (a) and 

(b)(1) of § 1.229, shall set forth the 

reason why it was not possible to file 

the motion within the prescribed 

period. 

47 CFR 1.248(a) provides that 

presiding officer may direct the parties 

or their attorneys to appear at a 

specified time and place for a status 

conference during the course of a 

hearing proceeding, or to submit 

suggestions in writing, for the purpose 

of considering, among other things, the 

matters specified in § 1.248(c). Any 

party may request a status conference at 

any time after release of the order 

designating a matter for hearing. During 

a status conference, the presiding officer 

may issue rulings regarding matters 

relevant to the conduct of the hearing 

proceeding including procedural 

matters, discovery, and the submission 

of briefs or evidentiary materials. 

47 CFR 1.248(b) provides that the 

presiding officer shall schedule an 

initial status conference promptly after 

written appearances have been 

submitted under § 1.91 or § 1.221. At or 

promptly after the initial status 

conference, the presiding officer shall 

adopt a schedule to govern the hearing 

proceeding. If the Commission 

designated a matter for hearing on a 

written record under §§ 1.370 through 

1.376, the scheduling order shall 

include a deadline for filing a motion to 

request an oral hearing in accordance 

with § 1.376. If the Commission did not 

designate the matter for hearing on a 

written record, the scheduling order 

shall include a deadline for filing a 

motion to conduct the hearing on a 

written record. 

47 CFR 76.7. Pleadings seeking to 

initiate FCC action must adhere to the 

requirements of Section 76.6 (general 

pleading requirements) and Section 76.7 

(initiating pleading requirements). 

Section 76.7 is used for numerous types 

of petitions and special relief petitions, 

including general petitions seeking 

special relief, waivers, enforcement, 

show cause, forfeiture and declaratory 

ruling procedures. 

47 CFR 76.7(g)(2) provides that, in a 

proceeding initiated pursuant to § 76.7 

that is referred to an administrative law 

judge, the parties may elect to resolve 

the dispute through alternative dispute 

resolution procedures, or may proceed 

with an adjudicatory hearing, provided 

that the election shall be submitted in 


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writing to the Commission and the Chief 

Administrative Law Judge. 

47 CFR 76.9. A party that wishes to 

have confidentiality for proprietary 

information with respect to a 

submission it is making to the FCC must 

file a petition pursuant to the pleading 

requirements in Section 76.7 and use 

the method described in Sections 0.459 

and 76.9 to demonstrate that 

confidentiality is warranted. The 

petitions filed pursuant to this provision 

are contained in the existing 

information collection requirement and 

are not changed by the rule changes. 

47 CFR 76.61(a) permits a local 

commercial television station or 

qualified low power television station 

that is denied carriage or channel 

positioning or repositioning in 

accordance with the must-carry rules by 

a cable operator to file a complaint with 

the FCC in accordance with the 

procedures set forth in Section 76.7. 

Section 76.61(b) permits a qualified 

local noncommercial educational 

television station that believes a cable 

operator has failed to comply with the 

FCC’s signal carriage or channel 

positioning requirements (Sections 

76.56 through 76.57) to file a complaint 

with the FCC in accordance with the 

procedures set forth in Section 76.7. 

47 CFR 76.61(a)(1) states that 

whenever a local commercial television 

station or a qualified low power 

television station believes that a cable 

operator has failed to meet its carriage 

or channel positioning obligations, 

pursuant to Sections 76.56 and 76.57, 

such station shall notify the operator, in 

writing, of the alleged failure and 

identify its reasons for believing that the 

cable operator is obligated to carry the 

signal of such station or position such 

signal on a particular channel. 

47 CFR 76.61(a)(2) states that the 

cable operator shall, within 30 days of 

receipt of such written notification, 

respond in writing to such notification 

and either commence to carry the signal 

of such station in accordance with the 

terms requested or state its reasons for 

believing that it is not obligated to carry 

such signal or is in compliance with the 

channel positioning and repositioning 

and other requirements of the mustcarry rules. If a refusal for carriage is 

based on the station’s distance from the 

cable system’s principal headend, the 

operator’s response shall include the 

location of such headend. If a cable 

operator denies carriage on the basis of 

the failure of the station to deliver a 

good quality signal at the cable system’s 

principal headend, the cable operator 

must provide a list of equipment used 

to make the measurements, the point of 

measurement and a list and detailed 

description of the reception and overthe-air signal processing equipment 

used, including sketches such as block 

diagrams and a description of the 

methodology used for processing the 

signal at issue, in its response. 

47 CFR 76.914(c) permits a cable 

operator seeking revocation of a 

franchising authority’s certification to 

file a petition with the FCC in 

accordance with the procedures set 

forth in Section 76.7. 

47 CFR 76.1003(a) permits any 

multichannel video programming 

distributor (MVPD) aggrieved by 

conduct that it believes constitute a 

violation of the FCC’s program access 

rules to commence an adjudicatory 

proceeding at the FCC to obtain 

enforcement of the rules through the 

filing of a complaint, which must be 

filed and responded to in accordance 

with the procedures specified in Section 

76.7, except to the extent such 

procedures are modified by Section 

76.1003. 

47 CFR 76.1001(b)(2) permits any 

multichannel video programming 

distributor to commence an 

adjudicatory proceeding by filing a 

complaint with the Commission alleging 

that a cable operator, a satellite cable 

programming vendor in which a cable 

operator has an attributable interest, or 

a satellite broadcast programming 

vendor, has engaged in an unfair act 

involving terrestrially delivered, cableaffiliated programming, which must be 

filed and responded to in accordance 

with the procedures specified in § 76.7, 

except to the extent such procedures are 

modified by §§ 76.1001(b)(2) and 

76.1003. In program access cases 

involving terrestrially delivered, cableaffiliated programming, the defendant 

has 45 days from the date of service of 

the complaint to file an answer, unless 

otherwise directed by the Commission. 

A complainant shall have the burden of 

proof that the defendant’s alleged 

conduct has the purpose or effect of 

hindering significantly or preventing the 

complainant from providing satellite 

cable programming or satellite broadcast 

programming to subscribers or 

consumers; an answer to such a 

complaint shall set forth the defendant’s 

reasons to support a finding that the 

complainant has not carried this 

burden. In addition, a complainant 

alleging that a terrestrial cable 

programming vendor has engaged in 

discrimination shall have the burden of 

proof that the terrestrial cable 

programming vendor is wholly owned 

by, controlled by, or under common 

control with a cable operator or cable 

operators, satellite cable programming 

vendor or vendors in which a cable 

operator has an attributable interest, or 

satellite broadcast programming vendor 

or vendors; an answer to such a 

complaint shall set forth the defendant’s 

reasons to support a finding that the 

complainant has not carried this 

burden. 

47 CFR 76.1003(b) requires any 

aggrieved MVPD intending to file a 

complaint under this section to first 

notify the potential defendant cable 

operator, and/or the potential defendant 

satellite cable programming vendor or 

satellite broadcast programming vendor, 

that it intends to file a complaint with 

the Commission based on actions 

alleged to violate one or more of the 

provisions contained in Sections 

76.1001 or 76.1002 of this part. The 

notice must be sufficiently detailed so 

that its recipient(s) can determine the 

nature of the potential complaint. The 

potential complainant must allow a 

minimum of ten (10) days for the 

potential defendant(s) to respond before 

filing a complaint with the Commission. 

47 CFR 76.1003(c) describes the 

required contents of a program access 

complaint, in addition to the 

requirements of Section 76.7 of this 

part. 

47 CFR 76.1003(c)(3) requires a 

program access complaint to contain 

evidence that the complainant competes 

with the defendant cable operator, or 

with a multichannel video programming 

distributor that is a customer of the 

defendant satellite cable programming 

or satellite broadcast programming 

vendor or a terrestrial cable 

programming vendor alleged to have 

engaged in conduct described in 

§ 76.1001(b)(1). 

47 CFR 76.1003(d) states that, in a 

case where recovery of damages is 

sought, the complaint shall contain a 

clear and unequivocal request for 

damages and appropriate allegations in 

support of such claim. 

47 CFR 76.1003(e)(1) requires cable 

operators, satellite cable programming 

vendors, or satellite broadcast 

programming vendors which expressly 

reference and rely upon a document in 

asserting a defense to a program access 

complaint or in responding to a material 

allegation in a program access 

complaint filed pursuant to Section 

76.1003, to include such document or 

documents, such as contracts for 

carriage of programming referenced and 

relied on, as part of the answer. Except 

as otherwise provided or directed by the 

Commission, any cable operator, 

satellite cable programming vendor or 

satellite broadcast programming vendor 

upon which a program access complaint 

is served under this section shall answer 

within twenty (20) days of service of the 


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complaint, provided that the answer 

shall be filed within forty-five (45) days 

of service of the complaint if the 

complaint alleges a violation of Section 

628(b) of the Communications Act of 

1934, as amended, or Section 

76.1001(a). 

47 CFR 76.1003(e)(2) requires an 

answer to an exclusivity complaint to 

provide the defendant’s reasons for 

refusing to sell the subject programming 

to the complainant. In addition, the 

defendant may submit its programming 

contracts covering the area specified in 

the complaint with its answer to refute 

allegations concerning the existence of 

an impermissible exclusive contract. If 

there are no contracts governing the 

specified area, the defendant shall so 

certify in its answer. Any contracts 

submitted pursuant to this provision 

may be protected as proprietary 

pursuant to Section 76.9 of this part. 

47 CFR 76.1003(e)(3) requires an 

answer to a discrimination complaint to 

state the reasons for any differential in 

prices, terms, or conditions between the 

complainant and its competitor, and to 

specify the particular justification set 

forth in Section 76.1002(b) of this part 

relied upon in support of the 

differential. 

47 CFR 76.1003(e)(4) requires an 

answer to a complaint alleging an 

unreasonable refusal to sell 

programming to state the defendant’s 

reasons for refusing to sell to the 

complainant, or for refusing to sell to 

the complainant on the same terms and 

conditions as complainant’s competitor, 

and to specify why the defendant’s 

actions are not discriminatory. 

47 CFR 76.1003(f) provides that, 

within fifteen (15) days after service of 

an answer, unless otherwise directed by 

the Commission, the complainant may 

file and serve a reply which shall be 

responsive to matters contained in the 

answer and shall not contain new 

matters. 

47 CFR 76.1003(g) states that any 

complaint filed pursuant to this 

subsection must be filed within one year 

of the date on which one of three 

specified events occurs. 

47 CFR 76.1003(h) sets forth the 

remedies that are available for violations 

of the program access rules, which 

include the imposition of damages, and/ 

or the establishment of prices, terms, 

and conditions for the sale of 

programming to the aggrieved 

multichannel video programming 

distributor, as well as sanctions 

available under title V or any other 

provision of the Communications Act. 

47 CFR 76.1003(j) states in addition to 

the general pleading and discovery rules 

contained in § 76.7 of this part, parties 

to a program access complaint may 

serve requests for discovery directly on 

opposing parties, and file a copy of the 

request with the Commission. The 

respondent shall have the opportunity 

to object to any request for documents 

that are not in its control or relevant to 

the dispute. Such request shall be heard, 

and determination made, by the 

Commission. Until the objection is ruled 

upon, the obligation to produce the 

disputed material is suspended. Any 

party who fails to timely provide 

discovery requested by the opposing 

party to which it has not raised an 

objection as described above, or who 

fails to respond to a Commission order 

for discovery material, may be deemed 

in default and an order may be entered 

in accordance with the allegations 

contained in the complaint, or the 

complaint may be dismissed with 

prejudice. 

47 CFR 76.1003(l) permits a program 

access complainant seeking renewal of 

an existing programming contract to file 

a petition along with its complaint 

requesting a temporary standstill of the 

price, terms, and other conditions of the 

existing programming contract pending 

resolution of the complaint, to which 

the defendant will have the opportunity 

to respond within 10 days of service of 

the petition, unless otherwise directed 

by the Commission. 

47 CFR 76.1302(a) states that any 

video programming vendor or 

multichannel video programming 

distributor aggrieved by conduct that it 

believes constitute a violation of the 

program carriage rules may commence 

an adjudicatory proceeding at the 

Commission to obtain enforcement of 

the rules through the filing of a 

complaint. The complaint shall be filed 

and responded to in accordance with 

the procedures specified in Section 

76.7, except to the extent such 

procedures are modified by Section 

76.1302. 

47 CFR 76.1302(b) states that any 

aggrieved video programming vendor or 

multichannel video programming 

distributor intending to file a program 

carriage complaint must first notify the 

potential defendant multichannel video 

programming distributor that it intends 

to file a complaint with the Commission 

based on actions alleged to violate one 

or more of the provisions contained in 

Section 76.1301 of this part. The notice 

must be sufficiently detailed so that its 

recipient(s) can determine the specific 

nature of the potential complaint. The 

potential complainant must allow a 

minimum of ten (10) days for the 

potential defendant(s) to respond before 

filing a complaint with the Commission. 

47 CFR 76.1302(c) specifies the 

content of carriage agreement 

complaints, in addition to the 

requirements of Section 76.7 of this 

part. 

47 CFR 76.1302(c)(1) provides that a 

program carriage complaint filed 

pursuant to § 76.1302 must contain the 

following: whether the complainant is a 

multichannel video programming 

distributor or video programming 

vendor, and, in the case of a 

multichannel video programming 

distributor, identify the type of 

multichannel video programming 

distributor, the address and telephone 

number of the complainant, what type 

of multichannel video programming 

distributor the defendant is, and the 

address and telephone number of each 

defendant. 

47 CFR 76.1302(d) sets forth the 

evidence that a program carriage 

complaint filed pursuant to § 76.1302 

must contain in order to establish a 

prima facie case of a violation of 

§ 76.1301. 

47 CFR 76.1302(e)(1) provides that a 

multichannel video programming 

distributor upon whom a program 

carriage complaint filed pursuant to 

§ 76.1302 is served shall answer within 

sixty (60) days of service of the 

complaint, unless otherwise directed by 

the Commission. 

47 CFR 76.1302(e)(2) states that an 

answer to a program carriage complaint 

shall address the relief requested in the 

complaint, including legal and 

documentary support, for such 

response, and may include an 

alternative relief proposal without any 

prejudice to any denials or defenses 

raised. 

47 CFR 76.1302(f) states that within 

twenty (20) days after service of an 

answer, unless otherwise directed by 

the Commission, the complainant may 

file and serve a reply which shall be 

responsive to matters contained in the 

answer and shall not contain new 

matters. 

47 CFR 76.1302(h) states that any 

complaint filed pursuant to this 

subsection must be filed within one year 

of the date on which one of three events 

occurs. 

47 CFR 76.1302(j)(1) states that upon 

completion of such adjudicatory 

proceeding, the Commission shall order 

appropriate remedies, including, if 

necessary, mandatory carriage of a video 

programming vendor’s programming on 

defendant’s video distribution system, 

or the establishment of prices, terms, 

and conditions for the carriage of a 

video programming vendor’s 

programming. 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 67287 

47 CFR 76.1302(k) permits a program 

carriage complainant seeking renewal of 

an existing programming contract to file 

a petition along with its complaint 

requesting a temporary standstill of the 

price, terms, and other conditions of the 

existing programming contract pending 

resolution of the complaint, to which 

the defendant will have the opportunity 

to respond within 10 days of service of 

the petition, unless otherwise directed 

by the Commission. To allow for 

sufficient time to consider the petition 

for temporary standstill prior to the 

expiration of the existing programming 

contract, the petition for temporary 

standstill and complaint shall be filed 

no later than thirty (30) days prior to the 

expiration of the existing programming 

contract. 

47 CFR 76.1513(a) permits any party 

aggrieved by conduct that it believes 

constitute a violation of the FCC’s 

regulations governing open video 

systems or in section 653 of the 

Communications Act (47 U.S.C. 573) to 

commence an adjudicatory proceeding 

at the Commission to obtain 

enforcement of the rules through the 

filing of a complaint, which must be 

filed and responded to in accordance 

with the procedures specified in Section 

76.7, except to the extent such 

procedures are modified by Section 

76.1513. 

47 CFR 76.1513(b) provides that an 

open video system operator may not 

provide in its carriage contracts with 

programming providers that any dispute 

must be submitted to arbitration, 

mediation, or any other alternative 

method for dispute resolution prior to 

submission of a complaint to the 

Commission. 

47 CFR 76.1513(c) requires that any 

aggrieved party intending to file a 

complaint under this section must first 

notify the potential defendant open 

video system operator that it intends to 

file a complaint with the Commission 

based on actions alleged to violate one 

or more of the provisions contained in 

this part or in Section 653 of the 

Communications Act. The notice must 

be in writing and must be sufficiently 

detailed so that its recipient(s) can 

determine the specific nature of the 

potential complaint. The potential 

complainant must allow a minimum of 

ten (10) days for the potential 

defendant(s) to respond before filing a 

complaint with the Commission. 

47 CFR 76.1513(d) describes the 

contents of an open video system 

complaint. 

47 CFR 76.1513(e) states that an open 

video system operator upon which a 

complaint is served under this section 

shall answer within thirty (30) days of 

service of the complaint and specifies 

the requirements for such answers. 

47 CFR 76.1513(f) states within 

twenty (20) days after service of an 

answer, the complainant may file and 

serve a reply which shall be responsive 

to matters contained in the answer and 

shall not contain new matters. 

47 CFR 76.1513(g) requires that any 

complaint filed pursuant to this 

subsection must be filed within one year 

of the date on which one of three events 

occurs. 

47 CFR 76.1513(h) states that upon 

completion of the adjudicatory 

proceeding, the Commission shall order 

appropriate remedies, including, if 

necessary, requiring carriage, awarding 

damages to any person denied carriage, 

or any combination of such sanctions. 

Such order shall set forth a timetable for 

compliance, and shall become effective 

upon release. 

OMB Control Number: 3060–1254. 

Title: Next Gen TV/ATSC 3.0 Local 

Simulcasting Rules; 47 CFR 73.3801 

(full-power TV), 73.6029 (Class A TV), 

and 74.782 (low-power TV) and FCC 

Form 2100 (Next Gen TV License 

Application). 

Form Number: FCC Form 2100 (Next 

Gen TV License Application). 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities, state, local, or tribal 

government and not for profit 

institutions. 

Number of Respondents and 

Responses: 1,222 respondents; 11,260 

responses. 

Estimated Time per Response: 0.017– 

8 hours. 

Frequency of Response: On occasion 

reporting requirement; Recordkeeping 

requirement; Third party disclosure. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in Sections 1, 

4, 7, 301, 303, 307, 308, 309, 316, 319, 

325(b), 336, 338, 399b, 403, 614, and 

615 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151, 154, 157, 

301, 303, 307, 308, 309, 316, 319, 

325(b), 336, 338, 399b, 403, 534, and 

535. 

Total Annual Burden: 3,802 hours. 

Total Annual Cost: $147,000. 

Needs and Uses: On June 23, 2023, 

the Commission released a Third Report 

and Order (Third R&O), FCC 23–53, in 

GN Docket No. 16–142. In this Third 

R&O, the Commission makes changes to 

its Next Gen TV rules designed to 

preserve over-the-air (OTA) television 

viewers’ access to multicast streams 

during television broadcasters’ 

transition to ATSC 3.0. 

Multicast Licensing. The Commission 

generally adopts its proposal in the Next 

Gen TV Multicast Licensing FNPRM to 

allow a Next Gen TV station to seek 

modification of its license to include 

certain of its non-primary video 

programming streams (multicast 

streams) that are aired on ‘‘host’’ 

stations during a transitional period. In 

adopting this proposal, the Commission 

follows the same licensing framework, 

and to a large extent the same regulatory 

regime, established for the simulcast of 

primary video programming streams on 

‘‘host’’ station facilities. 

Form 2100. The Commission adopts 

the Next Gen TV Multicast Licensing 

FNPRM’s proposal to modify its Next 

Gen TV license application form (FCC 

Form 2100) to accommodate multicast 

licensing by collecting information 

similar to that already collected in the 

interim STA process. The Commission 

requires certain additional information 

as an addendum to Form 2100 if 

stations seek to include hosted multicast 

streams within their license. It also 

clarifies and slightly modifies the 

requirements of its rules governing 

Form 2100 to reflect the possibility of 

reliance on multiple hosts. 

Specifically, applicants must prepare 

an Exhibit identifying each proposed 

hosted stream and provide the following 

information about each stream, as 

broadcast: 

• the host station; 

• channel number (RF and virtual); 

• network affiliation (or type of 

programming if unaffiliated); 

• resolution (e.g., 1080i, 720p, 480p, 

or 480i); 

• the predicted percentage of 

population within the noise limited 

service contour served by the station’s 

original ATSC 1.0 signal that will be 

served by the host, with a contour 

overlay map identifying areas of service 

loss and, in the case of 1.0 streams, 

coverage of the originating station’s 

community of license; and 

• whether the stream will be 

simulcast, and if so, the ‘‘paired’’ stream 

in the other service. Finally, the Exhibit 

must either state that the applicant will 

be airing the same programming that it 

is airing in 1.0 at the time of the 

application or identify the station that 

has aired or is airing the same or a 

similar programming lineup at the same 

resolutions on the same type of facility 

(individual or shared), as well as that 

station’s lineup (with resolutions). This 

Exhibit must be placed on the 

applicant’s public website or in the 

applicant’s online public inspection file 

if the station does not have a dedicated 

website, with a link provided in the 

application. This information is 


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67288 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

consistent both with that currently 

collected in STA applications and the 

approach identified in the Next Gen TV 

Multicast Licensing FNPRM. As with 

broadcast licenses generally, 

modifications to this license application 

or its accompanying exhibit (with 

respect to the primary or multicast 

streams) must be preceded by the filing 

and approval of a new application. 

Changes to the affiliation or content of 

a stream, or the elimination of a stream, 

however, do not implicate the concerns 

raised in this proceeding if they would 

not result in the use of additional 

capacity and if information about the 

change is easily available to the public. 

Therefore, in order to streamline this 

process for both broadcasters and the 

Commission, such changes may be 

implemented without prior Commission 

approval. They need only be reflected in 

a timely update to the Exhibit that the 

applicant makes available on its public 

website or in the applicant’s online 

public inspection file and in an email 

notice to the Chief of the Media 

Bureau’s Video Division. The new 

information collection requirements are 

contained in §§ 73.3801(f) and (i), 

73.6029(f) and (i), and 74.782(g) and (j) 

of the Commission’s rules. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2023–21304 Filed 9–28–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0441; FR ID 173081] 

Information Collection Being Reviewed 

by the Federal Communications 

Commission Under Delegated 

Authority 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995 (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 PRA comments should 

be submitted on or before November 28, 

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 contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email to PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

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. 

OMB Control Number: 3060–0441. 

Title: Section 90.621, Selection and 

Assignment of Frequencies and Section 

90.693, Grandfathering Provisions for 

Incumbent Licensees. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Not-for-profit 

institutions; and State, Local, or Tribal 

Government. 

Number of Respondents: 596 

respondents; 596 responses. 

Estimated Time per Response: 1.5 

hours. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. 154(i) and 

309(j). 

Total Annual Burden: 894 hours. 

Total Annual Cost: $74,500. 

Needs and Uses: Section 90.621(b)(4) 

allows stations to be licensed at 

distances less than those prescribed in 

the Short-Spacing Separation Table 

where applicants ‘‘secure a waiver.’’ 

Applicants seeking a waiver in these 

circumstances are still required to 

submit with their application an 

interference analysis, based upon any of 

the generally-accepted terrain-based 

propagation models, demonstrating that 

co-channel stations would receive the 

same or greater interference protection 

than provided in the Short-Spacing 

Separation Table. 

Section 90.621(b)(5) permits stations 

to be located closer than the required 

separation, so long as the applicant 

provides letters of concurrence 

indicating that the applicant and each 

co-channel licensee within the specified 

separation agree to accept any 

interference resulting from the reduced 

separation between systems. Applicants 

are still required to file such 

concurrence letters with the 

Commission. Additionally, the 

Commission did not eliminate filings 

required by provisions such as 

international agreements, its 

environmental (National Environmental 

Protection Act (NEPA)) rules, its 

antenna structure registration rules, or 

quiet zone notification/filing 

procedures. 

Section 90.693 requires that 800 MHz 

incumbent Specialized Mobile Radio 

(SMR) service licensees ‘‘notify the 

Commission within 30 days of any 

changes in technical parameters or 

additional stations constructed that fall 

within the short-spacing criteria.’’ It has 

been standard practice for incumbents 

to notify the Commission of all changes 

and additional stations constructed in 

cases where such stations are in fact 

located less than the required 70 mile 

distance separation, and are therefore 

technically ‘‘short-spaced,’’ but are in 

fact fully compliant with the parameters 

of the Commission’s Short-Spacing 

Separation Table. 

The Commission uses this 

information to determine whether to 

grant licenses to applicants making 

‘‘minor modifications’’ to their systems 

which do not satisfy mileage separation 

requirements pursuant to the ShortSpacing Separation Table. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2023–21474 Filed 9–28–23; 8:45 am] 

BILLING CODE 6712–01–P 


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