Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 19499 

both of which will be posted on the 

WIPP Web site. The letter of approval 

will allow CCP to use the approved TRU 

waste characterization processes to 

characterize waste at LANL. 

Information on the certification 

decision is filed in the official EPA Air 

Docket, Docket No. A–93–02 and is 

available for review in Washington, DC, 

and at the three EPA WIPP 

informational docket locations in New 

Mexico (as listed in ADDRESSES). The 

dockets in New Mexico contain only 

major items from the official Air Docket 

in Washington, DC, plus those 

documents added to the official Air 

Docket since the October 1992 

enactment of the WIPP LWA. 

Dated: April 11, 2007. 

Elizabeth Cotsworth, 

Director, Office of Radiation and Indoor Air. 

[FR Doc. E7–7349 Filed 4–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

April 5, 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 18, 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 PRA@fcc.gov. 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 to Jasmeet 

Seehra, Office of Management and 

Budget, Room 10236 NEOB, 725 17th 

Street, NW., Washington, DC 20503 or 

via the Internet to 

Jasmeet_K._Seehra@omb.eop.gov or via 

fax at (202) 395–5167. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection(s) send an e-mail 

to PRA@fcc.gov or contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0700. 

Title: Open Video Systems Provisions. 

Form Number: FCC 1275. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities; State, local or tribal 

government. 

Number of Respondents: 270. 

Estimated Time per Response: 0.25 to 

20 hours. 

Frequency of Response: 

Recordkeeping requirement; On 

occasion reporting requirement; Third 

party disclosure requirement. 

Total Annual Burden: 9,880 hours. 

Total Annual Cost: None. 

Nature of Response: Required to 

obtain or retain benefits. 

Confidentiality: No need for 

confidentiality required. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: Section 302 of the 

1996 Telecommunications Act provides 

for specific entry options for telephone 

companies wishing to enter the video 

programming marketplace, one option 

being to provide cable service over an 

‘‘open video system’’ (‘‘OVS’’). 

47 CFR 76.1502(a) states an operator 

of an open video system must certify to 

the Commission that it will comply with 

the Commission’s regulations in 47 CFR 

76.1503, 76.1504, 76.1506(m), 76.1508, 

76.1509, and 76.1513. The Commission 

must approve such certification prior to 

the commencement of service at such a 

point in time that would allow the 

applicant sufficient time to comply with 

the Commission’s notification 

requirements. 

(b) Certifications must be verified by 

an officer or director of the applicant, 

stating that, to the best of his or her 

information and belief, the 

representations made therein are 

accurate. 

(c) Certifications must be filed on FCC 

Form 1275 and must include: 

(1) The applicant’s name, address and 

telephone number; 

(2) A statement of ownership, 

including all affiliated entities; 

(3) If the applicant is a cable operator 

applying for certification in its cable 

franchise area, a statement that the 

applicant is qualified to operate an open 

video system under Section 76.1501. 

(4) A statement that the applicant 

agrees to comply and to remain in 

compliance with each of the 

Commission’s regulations in §§ 76.1503, 

76.1504, 76.1506(m), 76.1508, 76.1509, 

and 76.1513; 

(5) If the applicant is required under 

47 CFR 64.903(a) of this chapter to file 

a cost allocation manual, a statement 

that the applicant will file changes to its 

manual at least 60 days before the 

commencement of service; 

(6) A list of the names of the 

anticipated local communities to be 

served upon completion of the system; 

(7) The anticipated amount and type 

(i.e., analog or digital) of capacity (for 

switched digital systems, the 

anticipated number of available channel 

input ports); and 

(8) A statement that the applicant will 

comply with the Commission’s notice 

and enrollment requirements for 

unaffiliated video programming 

providers. 

(d)(1) On or before the date an FCC 

Form 1275 is filed with the 

Commission, the applicant must serve a 

copy of its filing on all local 

communities identified pursuant to 

paragraph (c)(6) of this section and must 

include a statement informing the local 

communities of the Commission’s 

requirements in paragraph (e) of this 

section for filing oppositions and 

comments. Service by mail is complete 

upon mailing, but if mailed, the served 

documents must be postmarked at least 

3 days prior to the filing of the FCC 

Form 1275 with the Commission. 

(2) Parties are required to attach a 

cover sheet to the filing indicating that 

the submission is an open video system 

certification application. The only 

wording on this cover sheet shall be 

‘‘Open Video System Certification 

Application’’ and ‘‘Attention: Media 

Bureau.’’ This wording shall be located 

in the center of the page and should be 


pwalker on PROD1PC71 with NOTICES
19500 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 

in letters at least 1⁄2 inch in size. Parties 

shall also include the words ‘‘open 

video systems’’ on their mailing 

envelope. 

(e)(1) Comments or oppositions to a 

certification must be filed within five 

calendar days of the Commission’s 

receipt of the certification and must be 

served on the party that filed the 

certification. If, after making the 

necessary calculations, the due date for 

filing comments falls on a holiday, 

comments shall be filed on the next 

business day before noon, unless the 

nearest business day precedes the fifth 

calendar day following a filing, in 

which case the comments will be due 

on the preceding business day. For 

example, if the fifth day falls on a 

Saturday, then the filing would be due 

on that preceding Friday. However, if 

the fifth day falls on Sunday, then the 

filing will be due on the next day, 

Monday, before noon (or Tuesday, 

before noon if the Monday is a holiday). 

(2) Parties wishing to respond to a 

FCC Form 1275 filing must submit 

comments or oppositions with the 

Office of the Secretary and the Bureau 

Chief, Media Bureau. Comments will 

not be considered properly filed unless 

filed with both of these Offices. Parties 

are required to attach a cover sheet to 

the filing indicating that the submission 

is a pleading related to an open video 

system application, the only wording on 

this cover sheet shall be ‘‘Open Video 

System Certification Application 

Comments.’’ This wording shall be 

located in the center of the page and 

should be in letters at least 1⁄2 inch in 

size. Parties shall also include the words 

‘‘open video systems’’ on their mailing 

envelopes. 

(f) If the Commission does not 

disapprove the certification application 

within ten days after receipt of an 

applicant’s request, the certification 

application will be deemed approved. If 

disapproved, the applicant may file a 

revised certification or refile its original 

submission with a statement addressing 

the issues in dispute. Such refilings 

must be served on any objecting party 

or parties and on all local communities 

in which the applicant intends to 

operate. The Commission will consider 

any revised or refiled FCC Form 1275 to 

be a new proceeding and any party who 

filed comments regarding the original 

FCC Form 1275 will have to refile their 

original comments if they think such 

comments should be considered in the 

subsequent proceeding. 

47 CFR 76.1503(b)(1) states an open 

video system operator shall file with the 

Secretary of the Federal 

Communications Commission a ‘‘Notice 

of Intent’’ to establish an open video 

system, which the Commission will 

release in a Public Notice. Parties are 

required to attach a cover sheet to the 

filing indicating that the submission is 

an Open Video System Notice of Intent. 

The only wording on this cover sheet 

shall be ‘‘Open Video System Notice of 

Intent’’ and ‘‘Attention: Media Bureau.’’ 

This wording shall be located in the 

center of the page and should be in 

letters at least 1⁄2 inch in size. Parties 

shall also include the words ‘‘open 

video systems’’ on their mailing 

envelopes. Parties must submit copies of 

the Notice of Intent with the Office of 

the Secretary and the Bureau Chief, 

Media Bureau. The Notice of Intent 

shall include the following information: 

(i) A heading clearly indicating that 

the document is a Notice of Intent to 

establish an open video system; 

(ii) The name, address and telephone 

number of the open video system 

operator; 

(iii) A description of the system’s 

projected service area; 

(iv) A description of the system’s 

projected channel capacity, in terms of 

analog, digital and other type(s) of 

capacity upon activation of the system; 

(v) A description of the steps a 

potential video programming provider 

must follow to seek carriage on the open 

video system, including the name, 

address and telephone number of a 

person to contact for further 

information; 

(vi) The starting and ending dates of 

the initial enrollment period for video 

programming providers; 

(vii) The process for allocating the 

system’s channel capacity, in the event 

that demand for carriage on the system 

exceeds the system’s capacity; and 

(viii) A certification that the operator 

has complied with all relevant 

notification requirements under the 

Commission’s open video system 

regulations concerning must-carry and 

retransmission consent (§ 76.1506), 

including a list of all local commercial 

and non-commercial television stations 

served, and a certificate of service 

showing that the Notice of Intent has 

been served on all local cable 

franchising authorities entitled to 

establish requirements concerning the 

designation of channels for public, 

educational and governmental use. 

(2) Information. An open video 

system operator shall provide the 

following information to a video 

programming provider within five 

business days of receiving a written 

request from the provider, unless 

otherwise included in the Notice of 

Intent: 

(i) The projected activation date of the 

open video system. If a system is to be 

activated in stages, the operator should 

describe the respective stages and the 

projected dates on which each stage will 

be activated; 

(ii) A preliminary carriage rate 

estimate; 

(iii) The information a video 

programming provider will be required 

to provide to qualify as a video 

programming provider, e.g., 

creditworthiness; 

(iv) Technical information that is 

reasonably necessary for potential video 

programming providers to assess 

whether to seek capacity on the open 

video system, including what type of 

customer premises equipment 

subscribers will need to receive service; 

(v) Any transmission or reception 

equipment needed by a video 

programming provider to interface 

successfully with the open video 

system; and 

(vi) The equipment available to 

facilitate the carriage of unaffiliated 

video programming and the electronic 

form(s) that will be accepted for 

processing and subsequent transmission 

through the system. 

47 CFR 76.1504(d) states complaints 

regarding rates shall be limited to video 

programming providers that have sought 

carriage on the open video system. If a 

video programming provider files a 

complaint against an open video system 

operator meeting the above just and 

reasonable rate presumption, the burden 

of proof will rest with the complainant. 

If a complaint is filed against an open 

video system operator that does not 

meet the just and reasonable rate 

presumption, the open video system 

operator will bear the burden of proof to 

demonstrate, using the principles set 

forth below, that the carriage rates 

subject to the complaint are just and 

reasonable. 

47 CFR 76.1506(l)(2) states mustcarry/retransmission consent election 

notifications shall be sent to the open 

video system operator. An open video 

system operator shall make all mustcarry/retransmission consent election 

notifications received available to the 

appropriate programming providers on 

its system. 

(3) Television broadcast stations are 

required to make the same election for 

open video systems and cable systems 

serving the same geographic area, unless 

the overlapping open video system is 

unable to deliver appropriate signals in 

conformance with the broadcast 

station’s elections for all cable systems 

serving the same geographic area. 

(4) An open video system 

commencing new operations shall 

notify all local commercial and 

noncommercial broadcast stations as 


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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 19501 

required under paragraph (l) of this 

section on or before the date on which 

it files with the Commission its Notice 

of Intent to establish an open video 

system. 

47 CFR 76.1508(c) states any 

provision of § 76.94 that refers to a 

‘‘cable system operator’’ or ‘‘cable 

television system operator’’ shall apply 

to an open video system operator. Any 

provision of § 76.94 that refers to a 

‘‘cable system’’ or ‘‘cable television 

system’’ shall apply to an open video 

system except § 76.94 (e) and (f) which 

shall apply to an open video system 

operator. Open video system operators 

shall make all notifications and 

information regarding the exercise of 

network non-duplication rights 

immediately available to all appropriate 

video programming provider on the 

system. An open video system operator 

shall not be subject to sanctions for any 

violation of these rules by an 

unaffiliated program supplier if the 

operator provided proper notices to the 

program supplier and subsequently took 

prompt steps to stop the distribution of 

the infringing program once it was 

notified of a violation. 

47 CFR 76.1509(c) states any 

provision of § 76.155 that refers to a 

‘‘cable system operator’’ or ‘‘cable 

television system operator’’ shall apply 

to an open video system operator. Any 

provision of § 76.155 that refers to a 

‘‘cable system’’ or ‘‘cable television 

system’’ shall apply to an open video 

system except § 76.155(c) which shall 

apply to an open video system operator. 

Open video system operators shall make 

all notifications and information 

regarding exercise of syndicated 

program exclusivity rights immediately 

available to all appropriate video 

programming provider on the system. 

An open video system operator shall not 

be subject to sanctions for any violation 

of these rules by an unaffiliated program 

supplier if the operator provided proper 

notices to the program supplier and 

subsequently took prompt steps to stop 

the distribution of the infringing 

program once it was notified of a 

violation. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–7290 Filed 4–17–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collections Being Submitted for 

Review to the Office of Management 

and Budget 

April 12, 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 collections, as 

required by the Paperwork Reduction 

Act of 1995 (PRA), Public Law 104–13. 

An agency may not conduct or sponsor 

a collection of information unless it 

displays a current valid 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 

control number. Comments are 

requested concerning: (a) Whether the 

proposed collections of information are 

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 PRA comments should 

be submitted on or before May 18, 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: Direct all PRA comments to 

Jasmeet Seehra, Office of Mangement 

and Budget (OMB), Room 10236 NEOB, 

725 17th Street, NW., Washington, DC 

20503, or via fax at (202) 395–5167 or 

via Internet at 

Jasmeet_K._Seehra@omb.eop.gov, and to 

Cathy Williams, Federal 

Communications Commission, Room 1–

C823, 445 12th Street, SW., Washington, 

DC 20554, or via the Internet to 

PRA@fcc.gov. If you would like to 

obtain or view a copy of this 

information collection, you may do so 

by visiting the FCC’s PRA Web page at: 

http://www.fcc.gov/omd/pra. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection(s), contact Cathy 

Williams at (202) 418–2918 or via the 

Internet at PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–1053. 

Title: 47 CFR Sections 64.604 and 

64.605—Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and 

Speech Disabilities; IP Captioned 

Telephone Service, Declaratory Ruling, 

CG Docket No. 03–123. 

Form Number: Not Applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities. 

Number of Respondents: 6. 

Estimated Time per Response: 8 

hours. 

Frequency of Response: Annual 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Total Annual Burden: 96 hours. 

Total Annual Cost: None. 

Nature and Extent of Confidentiality: 

An assurance of confidentiality is not 

offered because this information 

collection does not require the 

collection of personal identifiable 

information (PII) from individuals. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On August 1, 2003, 

the Commission released the 

Declaratory Ruling, In the Matter of 

Telecommunication Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, CC 98–67, FCC 03–190. In 

the Declaratory Ruling, the Commission 

clarified that one-line captioned 

telephone voice carry over (VCO) 

service is a type of telecommunications 

relay service (TRS) and that eligible 

providers of such services are eligible to 

recover their costs in accordance with 

section 225 of the Communications Act. 

The Commission also clarified that 

certain TRS mandatory minimum 

standards does not apply to one-line 

captioned VCO service, and waived 47 

CFR 64.604(a)(1) and (a)(3) of the 

Commission’s rules for all current and 

future captioned telephone VCO service 

providers, for the same period of time 

beginning August 1, 2003. The waivers 

were contingent on the filing of annual 

reports, for a period of three years, with 

the Commission. Sections 64.604(a)(1) 

and (a)(3) of the Commission’s rules, 

which contained information collection 

requirements under the PRA became 

effective on March 26, 2004. 

On July 19, 2005, the Commission 

released an Order, In the Matter of 

Telecommunication Relay Services and 

Speech-to-Speech Services for 


pwalker on PROD1PC71 with NOTICES