[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Notices]
[Pages 13006-13009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6899]


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FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collections Submitted to OMB for 
Review and Approval

March 11, 1997.

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 proposed and/or continuing information collections, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. An 
agency may not conduct or sponsor a collection of information unless it 
displays a currently valid control number. No person shall be subject 
to any penalty for failing to comply with a collection of information 
subject to the Paperwork Reduction Act (PRA) that does not display a 
valid control number. Comments are requested concerning (a) whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commissions 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.

DATES: Written comments should be submitted on or before April 18, 
1997.

[[Page 13007]]

If you anticipate that you will be submitting comments, but find it 
difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all comments to Dorothy Conway, Federal 
Communications Commission, Room 234, 1919 M St., NW., Washington, DC 
20554 or via internet to <a href="/cdn-cgi/l/email-protection#1276717d7c65736b527471713c757d64"><span class="__cf_email__" data-cfemail="debabdb1b0a9bfa79eb8bdbdf0b9b1a8">[email protected]</span></a> and Timothy Fain, OMB Desk 
Officer, 10236 NEOB 725 17th Street, NW., Washington, DC 20503 or 
<a href="/cdn-cgi/l/email-protection#e98f888087b69da988d8c78c8699c78e869f"><span class="__cf_email__" data-cfemail="a1c7c0c8cffed5e1c0908fc4ced18fc6ced7">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Dorothy Conway at 202-418-0217 
or via internet at <a href="/cdn-cgi/l/email-protection#f490979b9a83958db4929797da939b82"><span class="__cf_email__" data-cfemail="670304080910061e2701040449000811">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
OMB Approval Number: 3060-0728.
    Title: Supplemental Information Required for Taxpayer Identifying 
Number for the Debt Collection.
    Form No.: N/A.
    Type of Review: Extension of an existing collection.
    Respondents: Individuals; business or other for-profit; State or 
local governments; non-for-profit insititutions.
    Number of Respondents: 10,469,716.
    Estimated Time Per Response: .017 hours.
    Total Annual Burden: 177,985 hours.
    Needs and Uses: The information will be used by the Commission to 
comply with Public Law 104-134, Omnibus Consolidated Recissions and 
Appropriations Act of 1996. Chapter 10 requires each Federal agency to 
obtain for each person doing business with it their Taxpayer 
Identification Number (TIN). In cases of individuals the number is the 
person's Social Security Number (SSN); in the case of a business, it is 
the Employer Identification Number (EIN) as assigned by the the 
Internal Revenue Service, U.S. Department of Treasury.
OMB Approval Number: 3060-0048.
    Title: Application for Consent to Tranfer of Control.
    Form No.: FCC 704.
    Type of Review: Revision of an existing collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 800.
    Estimated Time Per Response: 8 hours.
    Total Annual Burden: 6,400 hours.
    Estimated Cost Per Respondent: $70 filing fee.
    Needs and Uses: Section 301(d) of the Communications Act requires 
that common cariers and noncommon carrier permitees or licensees 
contemplating a transfer of control apply for authority to make such 
transfrer. Ruleparts 21, 23, 25 and 101 of the FCC Rules and 
Regulations promulgate Section 310(d) of the Act. In addition to 
information specified on the formapplicants may be required to file 
other information. The information is used by the Cmmission to 
determine whehter an entity seeking control of an existing permitee or 
licensee is legally and financially qualified to become a common 
carrier or noncommon carrier telecommunications licensee. If the 
information is not submitted the determination could not be made. The 
form is being revised to include a space for the applicant's internet 
address. The yes/no question for the drug certification has been 
deleted and certification to this item has been made part of the 
certification text. The Commission is also seeking approval to collect 
the applicant's Taxpayer Identification Number to comply with the Debt 
Collection Improvement Act of 1996.
OMB Approval Number: 3060-0012.
    Title: Application for Additional Time to Construct a Radio 
Station.
    Form No.: FCC 701.
    Type of Review: Revision of an existing collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 200.
    Estimated Time Per Response: 2 hours.
    Total Annual Burden: 400 hours.
    Estimated Cost Per Respondent: $70 filing fee.
    Needs and Uses: FCC Form 701 is used when applying for additional 
time to construct a radio or satellite station. Section 308, 309, and 
319 of the Communications Act are the legal authorities for the 
requirement. Ruleparts 21, 23, 25 and 101 promulgate the collection. In 
addition to the requirements in the form, applicants may be suject to 
other requirements. FCC 701 is used by agency staff to determine 
whehter ot grant the applicant's request for an additional period of 
time to construct a station. A space for the applicant to provide an 
internet address is being added to the form. The yes/no question for 
the drug certification has been deleted and certification to this item 
has been made part of the Certification text. The Commission is also 
seeking approval to collect the applicant's Taxpayer Identification 
Number to comply with the Debt Collection Improvement Act of 1996.
OMB Approval Number: 3060-0093.
    Title: Application for Renewal of Radio Station License in 
Specified Services.
    Form No.: FCC 405.
    Type of Review: Revision of an existing collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 540.
    Estimated Time Per Response: 2.25 hours.
    Total Annual Burden: 1,215 hours.
    Estimated Cost Per Respondent: $45 filing fee.
    Needs and Uses: The FCC 405 is used by all common carriers and 
Multipoint Distribution Service non-common carriers to apply for 
renewal of radio station licenses. Section 307(c) of the Communicatios 
Act limits the term of common carrier radio licenses to ten years and 
requires that written applications be submitted for renewal. FCC Form 
405 is required by 47 CFR Parts 5, 21, 22, 23, 25 and 101. The form is 
being revised to include a space for the applicants internet address. 
The yes/no question relating to the NEPA and drug certification has 
been deleted and certification to this item has been made part of the 
Certification text. The Commission is also seeking approval to collect 
the applicant's Taxpayer Identification Number to comply with the Debt 
Collection Improvement Act of 1996. In the near future the Commission 
is also going to implement electronic filing for this type of renewal 
as part of the ``generic renewal'' FCC Form 900. The burden for the 405 
will be adjusted accordingly once the new electronic renewal form has 
been implemented and the frequency of use can be determined.
OMB Approval Number: 3060-0551.
    Title: 47 CFR 76.1002 Specific unfair practices prohibited.
    Type of Review: Extension of a currently approved information 
collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 52 (26 petitions and 26 oppositions).
    Estimated Time Per Response: 1-25 hours. We estimate the total 
burden in undergoing all aspects of the proceeding to be 25 hours. We 
estimate that 50% of entities will use outside counsel and will undergo 
a burden of 1 hour to coordinate information with outside counsel.
    Total Annual Burden: 676 hours. (26 respondents with outside 
counsel x 1 hour = 26 hours. 26 respondents without outside counsel x 
25 hours = 650 hours.).
    Estimated Costs to Respondents: $97,500. 26 respondents using 
outside

[[Page 13008]]

counsel at $150 per hour = 26 x 25 hours x $150 = $97,500.
    Needs and Uses: Section 628 of the Communications Act of 1934 
directs the Commission to prescribe rules to prohibit exclusive 
contracts between cable operators and vertically integrated satellite 
cable and broadcast programming vendors, that prevent a multichannel 
video programming distributor from obtaining satellite cable or 
satellite broadcast programming for distribution to persons in areas 
served by a cable operator unless the Commission determines that the 
exclusive contract is in the public interest. Pursuant to the 
legislative mandate of Section 19 of the 1992 Cable Act (Section 
628(c)(2)(D) of the Act), the Commission adopted a Report and Order on 
April 1, 1993, in MM Docket No. 92-265, which, among other things, 
added new Section 76.1002 to the Commission's Rules requiring any 
vertically integrated programmer or any cable operator seeking to 
execute an exclusive contract, to seek and obtain the Commission's 
public interest judgement before doing so by filing a ``petition for 
exclusivity.''
    On April 9, 1996, the Commission released Order and Notice of 
Proposed Rulemaking, Cable Reform: Implementation of the 
Telecommunications Act of 1996 (``1996 Act''). This rulemaking amended 
the Commission's cable television rules pursuant to the February 8, 
1996 enactment of the 1996 Act. Specifically, Section 301(j) of the 
1996 Act expands the applicability of the Commission's program access 
provisions to include cable operators, as well as common carriers and 
their affiliates that provide video programming by any means directly 
to subscribers.
    The information will be used by Commission staff to determine on a 
case-by-case basis whether particular exclusive contracts for cable 
television programming comply with the statutory public interest 
standard of Section 19 of the 1992 Cable Act and Section 628 of the 
Communications Act of 1934, as amended.
OMB Approval Number: 3060-0552.
    Title: 47 CFR 76.1003 Adjudicatory proceedings.
    Type of Review: Extension of a currently approved information 
collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 24 (12 complainants and 12 defendants).
    Estimated Time Per Response: 1-20 hours. The Commission estimates a 
burden of 20 hours for each entity to undergo all aspects of the 
program access complaint proceeding, including preliminary notices, 
responses to notices, complaints, answers to complaints, and replies to 
answers. We estimate that 50% of entities will use outside counsel and 
will undergo a burden of 1 hour to coordinate information with outside 
counsel.
    Total Annual Burden: 252 hours. (12 respondents with outside 
counsel x 1 hour = 12 hours. 12 respondents without outside counsel x 
20 hours = 240 hours.)
    Estimated Costs to Respondents: $36,000. We estimate that entities 
using outside counsel will pay $150 per hour for services. 12 
respondents x 20 hours x $150 = $36,000.
    Needs and Uses: Section 19 of the Cable Television Consumer 
Protection and Competition Act of 1992 (1992 Cable Act) added new 
Section 628 to the Communications Act of 1934 (the Act). The program 
access provisions of Section 628 proscribe a cable operator, a 
satellite cable programming vendor in which a cable operator has an 
attributable interest, or a satellite broadcast programming vendor from 
engaging in unfair practices and directs the Commission to, among other 
things, prescribe regulations to provide for an expedited review of any 
complaints made under this Section. Accordingly, the Commission adopted 
a Report and Order on April 1, 1993, in MM Docket No. 92-265, which 
added Section 76.1003 to its rules. Section 76.1003 provides that any 
aggrieved multichannel video programming distributor intending to file 
a program access complaint must 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 such a complaint with the Commission. If the parties 
cannot resolve the dispute, the complainant may file a complaint with 
the Commission, commencing an adjudicatory proceeding.
    On April 9, 1996, the Commission released Order and Notice of 
Proposed Rulemaking, Cable Reform: Implementation of the 
Telecommunications Act of 1996. This rulemaking amended the 
Commission's cable television rules pursuant to the February 8, 1996 
enactment of the Telecommunications Act of 1996 (``1996 Act''). 
Specifically, Section 301(j) of the 1996 Act expands the applicability 
of the Commission's program access provisions to include cable 
operators, as well as common carriers and their affiliates that provide 
video programming by any means directly to subscribers.
    The information will be used by Commission staff to resolve 
disputes alleging unfair methods of competition and deceptive practices 
by a cable operator, a satellite cable programming vendor in which a 
cable operator has an attributable interest, or a satellite broadcast 
programming vendor where the purpose or effect of which is to hinder 
significantly or to prevent any multichannel video programming 
distributor from providing satellite cable programming or satellite 
broadcast programming to subscribers or consumers.
OMB Approval Number: 3060-0580.
    Title: Section 76.504 limits on carriage of vertically integrated 
programming.
    Form No.: N/A.
    Type of Review: Extension of an existing collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 1,500.
    Estimated Time Per Response: 15 hours.
    Total Annual Burden: 22,500 hours.
    Cost to Respondents: $7,500. ($5 per respondent for photocopying 
and administrative expenses associated with recordkeeping.)
     Needs and Uses: 47 CFR 76.504 requires cable operators to maintain 
records regarding the nature and extent of their attributable interests 
in all video programming services as well as information regarding 
their carriage of such vertically integrated video programming services 
on cable systems in which they also have an attributable interest. 
These records must be maintained in operators' public files for a 
period of 3 years. The records are to be made available to members of 
the public, local franchising authorities and the Commission on 
reasonable notice and during regular business hours. The records will 
be reviewed by local franchising authorities and the Commission to 
monitor compliance with channel occupancy limits in respective local 
franchise areas. In 1993, the Commission's initial estimate of the 
burden of complying with this information collection requirement 
incorrectly based the number of respondents on the number of community 
units in the country, instead of the number of cable operators. The 
number of respondents was thus estimated to be 31,000. Recent publicly 
available information on hand in the Commission indicates that there 
are currently 1,468 existing cable operators. To adjust for prospective 
new market entries, we therefore have used the number 1,500 in our 
estimate of the

[[Page 13009]]

number of respondents impacted by this collection.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-6899 Filed 3-18-97; 8:45 am]
BILLING CODE 6712-01-F


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