54158 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 

Street, SW., Washington, DC or via 

Internet at Cathy.Williams@fcc.gov or 

PRA@fcc.gov. 

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 (or its OMB control number, 

if there is one) and then click on the ICR 

Reference Number to view detailed 

information about this ICR.’’ 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection(s), contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0906. 

Title: Annual DTV Report, FCC Form 

317; 47 CFR 73.624(g). 

Form Number: FCC Form 317. 

Type of Review: Revision of a 

currently approved collection. 

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

institutions. 

Number of Respondents and 

responses: 1,815 respondents, 3,630 

responses. 

Frequency of Response: 

Recordkeeping requirement; Annual 

reporting requirement. 

Obligation to Respond: Required to 

obtain benefits—Statutory authority for 

this collection of information is 

contained in Sections 154(i), 303, 336 

and 403 of the Communications Act of 

1934, as amended. 

Estimated Time per Response: 2–4 

hours. 

Total Annual Burden: 10,890 hours. 

Total Annual Costs: $181,500. 

Confidentiality: No need for 

confidentiality required. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: Congress has 

mandated that after February 17, 2009, 

full-power television broadcast stations 

must transmit only in digital signals, 

and may no longer transmit analog 

signals. On December 22, 2007, the 

Commission adopted a Report and 

Order in the matter of the Third 

Periodic Review of the Commission’s 

Rules and Policies Affecting the 

Conversion to Digital Television, MB 

Docket No. 07–91, FCC 07–228 (‘‘Third 

DTV Periodic Report and Order’’) to 

establish the rules, policies and 

procedures necessary to complete the 

nation’s transition to DTV. As a result 

of the Third DTV Periodic Report and 

Order, DTV stations that are permittees 

must now comply with the 

requirements for feeable ancillary or 

supplementary services in Section 

73.624(g) (using FCC Form 317). This 

new requirement in 47 CFR § 73.624(g) 

adds a new group of respondents to this 

collection (namely, ‘‘DTV permittees’’). 

The Commission has also revised FCC 

Form 317 and its instructions to 

indicate that DTV permittees are 

required to file the form and report their 

ancillary and supplementary services. 

Each commercial and noncommercial 

educational (NCE) digital television 

(DTV) broadcast station licensee and 

permittee is required to file FCC Form 

317 annually. The licensees/permittees 

report whether they provided ancillary 

or supplementary services at any time 

during the reporting cycle. The report 

indicates which services were provided, 

fee related services, gross revenues 

received from all feeable ancillary and 

supplementary services, and the amount 

of bitstream used to provide ancillary or 

supplementary service. 

Concurrent with the submission of 

FCC Form 317, each commercial and 

noncommercial educational DTV 

licensee and permittee is required to 

remit to the Commission a payment, 

FCC Form 159 (3060–0589), in the 

amount of 5% of the gross revenues 

derived from the provision of its 

ancillary or supplementary services. 

Each licensee and permittee is 

required to retain the records supporting 

the calculation of the fees due for three 

years from the date of remittance of fees. 

Noncommercial DTV licensees/ 

permittees must also retain for eight 

years documentation sufficient to show 

that their entire bitstream was used 

‘‘primarily’’ for noncommercial 

education broadcast services on a 

weekly basis. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–21862 Filed 9–17–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission 

for Extension Under Delegated 

Authority, Comments Requested 

September 12, 2008. 

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 of 1995, 44 U.S.C. 3501–3520. 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 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: Persons wishing to comment on 

this information collection should 

submit comments November 17, 2008. If 

you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget (OMB), 202– 

395–5887, or via fax at 202–395–5167, 

or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Judith-B.Herman@fcc.gov, Federal 

Communications Commission (FCC). To 

submit your comments by e-mail send 

them to: PRA@fcc.gov. 

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 the downward-pointing arrow in 

the ‘‘Select Agency’’ box below the 


dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 54159 

‘‘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 and (6) 

when the list of FCC ICRs currently 

under review appears, look for the title 

of this ICR (or its OMB Control Number, 

if there is one) and then click on the ICR 

Reference Number to view detailed 

information about this ICR. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, send an e-mail 

to Judith B. Herman at 202–418–0214. 

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–0147. 

Title: Section 64.804, Extension of 

Unsecured Credit for Interstate and 

Foreign Communication Services to 

Candidates for Federal Office. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 13 

respondents; 13 responses. 

Estimated Time per Response: 8 

hours. 

Frequency of Response: Annual 

reporting requirement and 

recordkeeping requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

(IC) is contained in section 401 of the 

Federal Election Campaign Act of 1971, 

Public Law 92–225 together with the 

1971 Revenue Act, Public Law 92–178. 

Total Annual Burden: 104 hours. 

Annual Cost Burden: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

Ordinarily questions of a sensitive 

nature are not involved in the filed data. 

The Commission contends that areas in 

which information is required are fully 

subject to regulation and the issue of 

data being regarded as sensitive will 

arise on special circumstances only. In 

such circumstances, the respondent is 

instructed on the appropriate 

procedures to follow to safeguard data. 

If respondents wish to request 

confidential treatment of their 

documents, they may do so under 47 

CFR 0.459 of the Commission’s rules. 

Needs and Uses: This collection will 

be submitted as an extension (no change 

in the reporting requirement and/or 

recordkeeping requirement) after this 60 

day comment period to Office of 

Management and Budget (OMB) in order 

to obtain the full three year clearance. 

There is no change in the number of 

respondents/responses and estimated 

burden hours. Collection of this 

information is required by statute— 

section 401 of the Federal Election 

Campaign Act of 1971, Public Law 92– 

225, together with the 1971 Revenue 

Act, Public Law 92–178. 

Pursuant to Section 64.804(c), a 

carrier must obtain a signed, written 

application for service which shall 

identify the applicant and the candidate 

and state whether or not the candidate 

assumes responsibility for charges, and 

which shall state that the applicant or 

applicants are liable for payment and 

that the applicant understands that 

service will be discontinued if payment 

is not rendered. Section 64.804(f) also 

requires that the records of each 

account, involving the extension by a 

carrier of unsecured credit to a 

candidate or person on behalf of such 

candidate for common carrier 

communications services shall be 

maintained by the carrier as to show 

separately, for interstate and foreign 

communications services all charges, 

credits, adjustments, and security, if 

any, and balance receivable. Section 

64.804(g) requires communications 

common carriers with operating 

revenues exceeding $1 million who 

extend unsecured credit to a political 

candidate or person on behalf of such 

candidate for Federal office to report 

annually, data including due and 

outstanding balances. 

The information is used by the 

Commission to monitor the extent of 

credit extended to candidates for 

Federal office. 

OMB Control No.: 3060–0704. 

Title: Sections 42.10, 42.11, 64.1900 

and Section 254(g): Policies and Rules 

Concerning the Interstate, Interexchange 

Marketplace. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents: 700 

respondents; 700 responses. 

Estimated Time per Response: .50–2 

hours. 

Frequency of Response: Annual 

reporting requirements, third party 

disclosure requirements and 

recordkeeping requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in section 254(g) of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 2,450 hours. 

Annual Cost Burden: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

The Commission is not requesting that 

the respondents submit confidential 

information to the Commission. If the 

Commission requests respondents to 

submit information which respondents 

believe is confidential, respondents may 

request confidential treatment of such 

information under 47 CFR section 0.459 

of the Commission’s rules. 

Needs and Uses: The Commission 

will submit this information collection 

as an extension (no change in reporting, 

third party disclosure requirements, 

and/or recordkeeping requirements) 

after this 60 day comment period in 

order to obtain the full three year 

clearance from the OMB. The estimated 

number of respondents/responses has 

increased due to an increase in alternate 

providers (i.e., VoIP providers) and 

prepaid calling card providers. The 

estimated burden hours has been 

adjusted due to ¥81,887 hours due to 

a recalculation of each requirement. 

Finally, the total annual burden hours 

have significantly decreased because the 

Commission assumes that respondents 

have adapted to the requirements and 

therefore require less time to comply 

with the posting, disclosure, and 

certification requirements. Therefore, 

the Commission has decreased the 

estimated time per response for each of 

the requirements in this information 

collection. The four information 

collection requirements under this OMB 

Control Number are information 

disclosure requirements, internet 

posting requirements, recordkeeping 

requirements, and annual certification 

requirements. These requirements are 

necessary to provide consumers ready 

access to information concerning the 

rates, terms, and conditions governing 

the provision of interstate, domestic, 

Interexchange services offered by 

nondominant Interexchange carriers 

(IXCs) in a detariffed and increasingly 

competitive environment. These 

information collections are consistent 

with OMB’s ‘‘strong recommendation’’ 

earlier in this proceeding that the 

Commission consider mechanisms to 

make pricing information available to 

consumers, State regulators, and other 

interested parties. 

The information collected under the 

information disclosure requirement and 

the Internet posting requirement must 

be disclosed to the public to ensure that 

consumers have access to the 

information they need to select a 

telecommunications carrier and to bring 

to the Commission’s attention possible 

violations of the Communications Act 

without a specific public disclosure 

requirement. The information collected 

under the recordkeeping and 

certification requirements will be used 

by the Commission to ensure that 

affected Interexchange carriers fulfill 


dwashington3 on PRODPC61 with NOTICES
54160 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 

their obligations under the 

Communications Act, as amended. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–21864 Filed 9–17–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare and Medicaid 

Services 

[Document Identifier: CMS–10137 and CMS– 

10237 and 10214] 

Emergency Clearance: Public 

Information Collection Requirements 

Submitted to the Office of Management 

and Budget (OMB) 

AGENCY: Center for Medicare and 

Medicaid Services, HHS. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare and Medicaid 

Services (CMS), Department of Health 

and Human Services, is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

We are, however, requesting an 

emergency review of the information 

collection referenced below. In 

compliance with the requirement of 

section 3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, we have 

submitted to the Office of Management 

and Budget (OMB) the following 

requirements for emergency review. We 

are requesting an emergency review 

because the collection of this 

information is needed before the 

expiration of the normal time limits 

under OMB’s regulations at 5 CFR part 

1320(a)(2)(iii). This is necessary to 

ensure compliance with an initiative of 

the Administration. We cannot 

reasonably comply with the normal 

clearance procedures because the use of 

normal clearance procedures is 

reasonably likely to cause a statutory 

deadline to be missed. 

The Balanced Budget Act of 1997, 

established a new ‘‘Part C’’ in the 

Medicare statute, sections 1851 through 

1859 of the Social Security Act, which 

provided for a Medicare+Choice (M+C) 

program. The Medicare Prescription 

Drug, Improvement, and Modernization 

Act of 2003 (MMA) was enacted on 

December 8, 2003. The MMA 

established the Medicare Prescription 

Drug Benefit Program under section 101 

of the MMA and is codified in section 

1860D of the Social Security Act which 

establishes the voluntary Prescription 

Drug Benefit Program (‘‘Part D’’), and 

made revisions to the provisions of 

Medicare Part C, governing what is now 

called the Medicare Advantage (MA) 

program (formerly Medicare+Choice). 

The MMA was amended on July 15, 

2008 by the enactment of the Medicare 

Improvements for Patients and 

Providers Act of 2008 (MIPPA). 

CMS is in the process of publishing 

regulations that are intended to be 

released as an interim final rule with 

comment. Many of the provisions 

included in MIPPA that impact the Part 

C and Part D programs are selfimplementing, meaning these 

provisions will go into effect without 

any further regulatory clarification or 

changes to the Part C and Part D 

solicitations. As part of the revised 

information collection request, CMS 

will implement into the Part C 

solicitations, sections 163, 164, and 165 

of MIPPA, and implement into the Part 

D solicitations, sections 171, 172 and 

173 of MIPPA. These sections amend 

the contractual requirements that Part C 

and Part D sponsors (applicants) must 

have with CMS and with any 

downstream or related entities 

performing Part C and Part D functions 

on the sponsor’s behalf. Currently CMS 

provides templates that contain the 

required language for the contracts 

based on the statute and regulations. 

While applicants do not have to use the 

exact CMS contract templates, they will 

be responsible for including the 

required language in the contracts when 

they submit materials to CMS for the 

2010 contract year. 

The solicitations do not represent new 

policy, but rather implement the 

provisions that will exist in the 

forthcoming regulations, and include 

clarifying edits and updates as well. 

Therefore, CMS is seeking an emergency 

PRA clearance to amend the Part C and 

Part D solicitations to reflect the new 

MIPPA requirements. 

1. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Application for 

Prescription Drug Plans (PDP); 

Application for Medicare Advantage 

Prescription Drug (MA–PD); 

Application for Cost Plans to Offer 

Qualified Prescription Drug Coverage; 

Application for Employer Group Waiver 

Plans to Offer Prescription Drug 

Coverage; Service Area Expansion 

Application for Prescription Drug 

Coverage; Use: Collection of this 

information is mandated in Part D of the 

Medicare Prescription Drug, 

Improvement, and Modernization Act of 

2003 and under supporting regulations 

Subpart K of 42 CFR 423 entitled 

‘‘Application Procedures and Contracts 

with PDP Sponsors.’’ 

Coverage for the prescription drug 

benefit is provided through contracted 

prescription drug plans (PDPs) or 

through Medicare Advantage (MA) 

plans that offer integrated prescription 

drug and health care coverage (MA–PD 

plans). Cost Plans that are regulated 

under Section 1876 of the Social 

Security Act, and Employer Group 

Waiver Plans (EGWP) may also provide 

a Part D benefit. Organizations wishing 

to provide services under the 

Prescription Drug Benefit Program must 

complete an application, negotiate rates 

and receive final approval from CMS. 

Existing Part D Sponsors may also 

expand their contracted service area by 

completing the Service Area Expansion 

(SAE) application. The information will 

be collected under the solicitation of 

proposals from PDP, MA–PD, Cost Plan, 

PACE, and EGWP Plan applicants. The 

collected information will be used by 

CMS to: (1) Ensure that applicants meet 

CMS requirements, (2) support the 

determination of contract awards. Form 

Number: CMS–10137 (OMB#: 0938– 

0936); Frequency: Reporting—Once; 

Affected Public: Business or other forprofit and Not-for-profit institutions; 

Number of Respondents: 455 Total 

Annual Responses: 455; Total Annual 

Hours: 11,890. 

2. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Medicare 

Advantage Applications—Part C; Use: 

Collection of this information is 

mandated in Part C of the Medicare 

Prescription Drug, Improvement and 

Modernization Act of 2003 (MMA) in 

Subpart K of 42 CRF 422 entitled 

‘‘Contracts with Medicare Advantage 

Organizations.’’ Under section 

1851(a)(1) of the Act, every individual 

entitled to Medicare Part A and enrolled 

under Part B, except for most 

individuals with end-stage renal 

disease, could elect to receive benefits 

either through the Original Medicare 


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