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[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Notices]
[Pages 16361-16362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6157]

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FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission for Extension Under Delegated 
Authority

March 28, 2007.
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, Public Law No. 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 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 Paperwork Reduction Act (PRA) comments should be 
submitted on or before June 4, 2007. 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: You may submit all your Paperwork Reduction Act (PRA) 
comments by e-mail or U.S. postal mail. To submit your comments by e-
mail send them to [email protected]. To submit your comments by U.S. mail, 
mark them to the attention of Cathy Williams, Federal Communications 
Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554 and 
Jasmeet Seehra, Desk Officer, Office of Management and Budget (OMB), 
Room 10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or via 
Internet at [email protected] or via fax at (202) 395-
5167.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection(s) send an e-mail to [email protected] or contact 
Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-1065.
    Title: Implementation of Section 25 of the Cable Television 
Consumer Protection and Competition Act of 1992 Re: DBS Public Interest 
Obligation; 47 CFR 25.701.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 15.
    Estimated Time per Response: 1 hour-10 hours.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; One-time reporting requirement; Annual reporting 
requirement; Third party disclosure requirement.
    Total Annual Burden: 375 hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Needs and Uses: The Commission has vacated an Order on 
Reconsideration, In the matter of Implementation of Section 25 Of The 
Cable Television Consumer Protection and Competition Act Of 1992, 
Direct Broadcast Satellite (DBS) Public Interest Obligations, MM Docket 
93-25 FCC 03-78, adopted April 9, 2003 and adopted in its place, in the 
same proceeding, a Second Order on Reconsideration of the First Report 
and Order, Sua Sponte Order on Reconsideration (``Second Order'') and 
accompanying rules FCC 04-44, released March 25, 2004. The Second Order 
differs from the Order on Reconsideration with respect to two issues: 
(1) The political broadcasting requirements, and (2) the guidelines 
concerning commercialization of children's programming.
    47 CFR 25.701(c)(1)(i)(C) states DBS providers may establish and 
define their own reasonable classes of immediately preemptible time so 
long as the differences between such classes are based on one or more 
demonstrable benefits associated with each class and are not based 
solely upon price or identity of the advertiser. Such demonstrable 
benefits include, but are not limited to, varying levels of preemption 
protection, scheduling flexibility, or associated privileges, such

[[Page 16362]]

as guaranteed time sensitive make goods. DBS providers may not use 
class distinctions to defeat the purpose of the lowest unit charge 
requirement. All classes must be fully disclosed and made available to 
candidates.
    47 CFR 25.701(c)(1)(i)(D) states DBS providers may establish 
reasonable classes of preemptible with notice time so long as they 
clearly define all such classes, fully disclose them and make them 
available to candidates.
    47 CFR 25.701(c)(1)(i)(E) states DBS providers may treat non 
preemptible and fixed position as distinct classes of time provided 
that they articulate clearly the differences between such classes, 
fully disclose them, and make them available to candidates.
    47 CFR 25.701(c)(1)(i)(I) states DBS providers shall review their 
advertising records periodically throughout the election period to 
determine whether compliance with this section requires that candidates 
receive rebates or credits. Where necessary, DBS providers shall issue 
such rebates or credits promptly.
    47 CFR 25.701(c)(1)(i)(M) states DBS providers must disclose and 
make available to candidates any make good policies provided to 
commercial advertisers. If a DBS provider places a make good for any 
commercial advertiser or other candidate in a more valuable program or 
daypart, the value of such make good must be included in the 
calculation of the lowest unit charge for that program or daypart.
    47 CFR 25.701(c)(1)(ii) states at any time other than the 
respective periods set forth in paragraph (c)(1)(i) of this section, 
DBS providers may charge legally qualified candidates for public office 
no more than the charges made for comparable use of the facility by 
commercial advertisers. The rates, if any, charged all such candidates 
for the same office shall be uniform and shall not be rebated by any 
means, direct or indirect. A candidate shall be charged no more than 
the rate the DBS provider would charge for comparable commercial 
advertising. All discount privileges otherwise offered by a DBS 
provider to commercial advertisers must be disclosed and made available 
upon equal terms to all candidates for public office.
    47 CFR 25.701(d) states each DBS provider shall keep and permit 
public inspection of a complete and orderly political file and shall 
prominently disclose the physical location of the file, and the 
telephonic and electronic means to access the file.
    (1) The political file shall contain, at a minimum:
    (i) A record of all requests for DBS origination time, the 
disposition of those requests, and the charges made, if any, if the 
request is granted. The ``disposition'' includes the schedule of time 
purchased, when spots actually aired, the rates charged, and the 
classes of time purchased; and
    (ii) A record of the free time provided if free time is provided 
for use by or on behalf of candidates.
    (2) DBS providers shall place all records required by this section 
in a file available to the public as soon as possible and shall be 
retained for a period of four years until December 31, 2006, and 
thereafter for a period of two years.
    47 CFR 25.701(e)(3) requires DBS providers airing children's 
programming must maintain records sufficient to verify compliance with 
this rule and make such records available to the public. Such records 
must be maintained for a period sufficient to cover the limitations 
period specified in 47 U.S.C. 503(b)(6)(B).
    47 CFR 25.701(f)(6) states: In addition to the political file 
requirements in Sec. 25.701(d), each DBS provider shall keep and permit 
public inspection of a complete and orderly record of:
    (A) Quarterly measurements of channel capacity and yearly average 
calculations on which it bases its four percent reservation, as well as 
its response to any capacity changes;
    (B) A record of entities to whom noncommercial capacity is being 
provided, the amount of capacity being provided to each entity, the 
conditions under which it is being provided and the rates, if any, 
being paid by the entity;
    (C) A record of entities that have requested capacity, disposition 
of those requests and reasons for the disposition.
    (ii) All records required by this paragraph shall be placed in a 
file available to the public as soon as possible and shall be retained 
for a period of two years.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E7-6157 Filed 4-3-07; 8:45 am]
BILLING CODE 6712-10-P
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