Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 62817 

(Noncommercial Educational AM 

Stations). See also 47 U.S.C. 309(k) 

(Statutory Standards for Broadcast 

Renewal Procedures); Birach 

Broadcasting Corp., 16 FCC Rcd 5015, 

5020 (2001) (holding that a station’s 

failure to provide any service during the 

license term is material to whether it 

served the public interest, convenience, 

and necessity pursuant to Section 

309(k)). Consistent with the holding in 

Birach, the Commission’s rules for 

minimum operating schedules, and the 

renewal standards set forth in Section 

309(k), Section III includes the new 

certification and the instructions to 

include a new description of the 

certification. 

Section III, Item 7 (previously Item 6), 

has been revised to eliminate the 

requirement that full power AM and FM 

licensees submit an exhibit to 

demonstrate compliance with the 

Commission’s maximum permissible 

radio frequency (‘‘RF’’) electromagnetic 

exposure limits, in the event that they 

are unable or not eligible to use the RF 

worksheets contained in the 

instructions of the Form. All applicants 

continue to be required to certify that 

their facilities comply with the 

Commission’s maximum permissible RF 

limits. The elimination of the exhibit 

requirement for radio broadcasters, 

conforms the question so it is now 

consistent with the requirements for 

licensees of broadcast television 

stations, translator (FM and TV 

stations), and low-power FM stations, 

who are not required to submit an 

exhibit. The instructions for Section III, 

Item 7 and Worksheet #1 Environmental 

have been revised accordingly. 

Finally, Section V, Item 4 has been 

revised to clarify that Low Power TV 

(‘‘LPTV’’) stations still need to file Form 

396 with the renewal application, but 

that they may or may not need to file a 

public file report and post it to their 

Web site. One word was changed. The 

old version said at the end that the 

stations certify that they have created 

the public file report and posted it to 

their Web sites ‘‘as’’ required by 

regulation. The word ‘‘as’’ was replaced 

with the word ‘‘if.’’ As now explained in 

an addition made to the instructions for 

Section V, Item 4, only LPTV stations 

that are part of a station employment 

unit with full-power stations, where the 

unit employs at least five or more fulltime employees, needs to file a public 

file report and post it to the station Web 

site. Other LPTV stations do not have to 

create a public file report because they 

do not have a public file. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–25778 Filed 10–12–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted to OMB 

for Review and Approval 

September 30, 2010. 

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 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 comments should be 

submitted on or before November 12, 

2010. 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 below as soon as 

possible. 

ADDRESSES: Direct all Paperwork 

Reduction Act (PRA) comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167, or via e-mail to 

Nicholas_A._Fraser@omb.eop.gov and 

to Cathy Williams, Federal 

Communications Commission (FCC) via 

e-mail at PRA@fcc.gov and to 

Cathy.Williams@fcc.gov. Include in the 

comments the OMB control number of 

the collection as shown in the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection, contact Cathy 

Williams at (202) 418–2918, or via 

Internet at Cathy.Williams@fcc.gov, and/ 

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 downwardpointing 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 OMB control number of this 

ICR and then click on the ICR Reference 

Number. A copy of the FCC submission 

to OMB will be displayed. 

SUPPLEMENTARY INFORMATION:

OMB Control Number: 3060–1078. 

Title: Rules and Regulations 

Implementing the Controlling the 

Assault of Non-Solicited Pornography 

and Marketing Act of 2003, CG Docket 

No. 04–53. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

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

institutions; Individuals or households. 

Number of Respondents and 

Responses: 5,443,062 respondents; 

5,443,062 responses. 

Estimated Time per Response: 1–10 

hours (average per response). 

Frequency of Response: 

Recordkeeping requirement; On 

occasion reporting requirements; Third 

party disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is the CAN–SPAM Act of 2003, 15 

U.S.C. 7701–7713, Pub. L. 108–187, 117 

Stat. 2719. 

Total Annual Burden: 30,254,373 

hours. 

Total Annual Cost: $16,244,026. 

Nature and Extent of Confidentiality: 

Confidentiality is an issue to the extent 

that individuals and households 

provide personally identifiable 

information, which is covered under the 

FCC’s system of records notice (SORN), 

FCC/CGB–1, ‘‘Informal Complaints and 

Inquiries.’’ As required by the Privacy 

Act, 5 U.S.C. 552a, the Commission also 

published SORN, FCC/CGB1, ‘‘Informal 

mstockstill on DSKH9S0YB1PROD with NOTICES

62818 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 

Complaints and Inquiries,’’ in the 

Federal Register on December 15, 2009 

(74 FR 66356), which became effective 

on January 25, 2010. 

Privacy Impact Assessment: Yes. The 

Privacy Impact Assessment was 

completed on June 28, 2007. It may be 

reviewed at: http://www.fcc.gov/omd/ 

privacyact/ 

Privacy_Impact_Assessment.html. The 

Commission is in the process of 

updating the PIA to incorporate various 

revisions to it as a result of revisions to 

the SORN. 

Needs and Uses: The reporting 

requirements included under this OMB 

Control Number 3060–1078 enable the 

Commission to collect information 

regarding violations of the Controlling 

the Assault of Non-Solicited 

Pornography and Marketing Act of 2003 

(CAN–SPAM Act). This information is 

used to help wireless subscribers stop 

receiving unwanted commercial mobile 

services messages. 

On August 12, 2004, the Commission 

released an Order, Rules and 

Regulations Implementing the 

Controlling the Assault of Non-Solicited 

Pornography and Marketing Act of 2003, 

CG Docket No. 04–53, FCC 04–194, 

published at 69 FR 55765, September 

16, 2004, adopting rules to prohibit the 

sending of commercial messages to any 

address referencing an Internet domain 

name associated with wireless 

subscribers’ messaging services, unless 

the individual addressee has given the 

sender express prior authorization. The 

information collection requirements 

consist of 47 CFR 64.3100(a)(4), (d), (e) 

and (f) of the Commission’s rules. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–25752 Filed 10–12–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting; FCC To Hold 

Open Commission Meeting Thursday, 

October 14, 2010 

October 7, 2010. 

The Federal Communications 

Commission will hold an Open Meeting 

on the subjects listed below on 

Thursday, October 14, 2010, which is 

scheduled to commence at 10:30 a.m. in 

Room TW–C305, at 445 12th Street, 

SW., Washington, DC. 

Item No. Bureau Subject 

1 ............... Consumer & Governmental Affairs ............................................................................... Title: Empowering Consumers to Avoid Bill 

Shock; Consumer Information and Disclosure (CG Docket No. 09–158). 

Summary: The Commission will consider a 

Notice of Proposed Rulemaking seeking 

comment on rules requiring mobile carriers to provide usage alerts and related 

information that will assist consumers in 

avoiding unexpected charges on their 

bills. 

2 ............... Wireless Tele-Communications and Wireline Competition ........................................... Title: Universal Service Reform; Mobility 

Fund 

Summary: The Commission will consider a 

Notice of Proposed Rulemaking seeking 

comment on a proposal to use recently 

reserved universal service funds to create 

a Mobility Fund to support private investment in current (3G) and next-generation 

mobile services in areas where consumers currently lack such services. 

3 ............... Media ............................................................................................................................. Title: Implementation of Section 304 of the 

Telecommunications Act of 1996 (CS 

Docket No. 97–80); Commercial Availability of Navigation Devices; Compatibility 

Between Cable Systems and Consumer 

Electronics Equipment (PP Docket No. 

00–67); Oceanic Time Warner Cable, A 

subsidiary of Time Warner Cable, Inc.; 

Oceanic Time Warner Cable, a division of 

Time Warner Cable, Inc., Oceanic Kauai 

Cable System; Oceanic Time Warner 

Cable, a division of Time Warner Cable, 

Inc., Oceanic Oahu Central Cable System; and Cox Communications, Inc., Fairfax County, Virginia Cable System; Cable 

One, Inc.’s Request for Waiver of Section 

76.1204(a) of the Commission’s Rules. 

Summary: The Commission will consider a 

Third Report and Order and Order on Reconsideration that will make changes to 

the FCC’s CableCARD rules to improve 

the consumer experience with the video 

navigation devices used with cable services and promote the development of a 

competitive market for such devices. 

mstockstill on DSKH9S0YB1PROD with NOTICES