Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32159 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted to OMB 

for Review and Approval, Comments 

Requested 

June 30, 2009. 

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, 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 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 August 6, 2009. 

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 contacts listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via Internet at 

Nicholas_A._Fraser@omb.eop.gov or via 

fax at (202) 395–5167 and to Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

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 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 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: 3060–0113. 

Type of Review: Revision of a 

currently approved collection. 

Title: Broadcast EEO Program Report, 

FCC Form 396. 

Form Number: FCC Form 396. 

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

institutions. 

Number of Respondents and 

Responses: 2,000 respondents and 2,000 

responses. 

Estimated Time per Response: 1.5 

hours. 

Frequency of Response: At time of 

renewal reporting requirement. 

Obligation to Respond: Required to 

obtain benefits. The statutory authority 

for this collection of information is 

contained in Sections 154(i) and 303 of 

the Communications Act of 1934, as 

amended. 

Confidentiality: No need for 

confidentiality required. 

Total Annual Burden: 3,000 hours. 

Total Annual Cost: $200,000. 

Privacy Impact Assessment(s): No 

impact(s). 

Needs and Uses: The Broadcast Equal 

Employment Opportunity (EEO) 

Program Report, FCC Form 396, is a 

device that is used to evaluate a 

broadcaster’s EEO program to ensure 

that satisfactory efforts are being made 

to comply with FCC’s EEO 

requirements. FCC Form 396 is required 

to be filed at the time of renewal of 

license by all AM, FM, TV, Low Power 

TV and International stations. 

The Commission is revising this 

collection to remove the information 

collection requirements associated with 

OMB control number 3060–0120 (FCC 

Form 396–A) from the collection. 

Collection 3060–0120 was previously 

consolidated into information collection 

3060–0113. The collections (3060–0113 

and 3060–0120) are really different in 

nature and should not be consolidated. 

Therefore, we are requesting that they 

remain as two separate collections. 

OMB Control Number: 3060–0120. 

Type of Review: Reinstatement of a 

previously approved collection. 

Title: Broadcast EEO Program Report, 

FCC Form 396–A. 

Form Number: FCC Form 396–A. 

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

institutions. 

Number of Respondents: 5,000. 

Estimated Time per Response: 1 hour. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain benefits. The statutory authority 

for this collection of information is 

contained in Sections 154(i) and 303 of 

the Communications Act of 1934, as 

amended. 

Confidentiality: No need for 

confidentiality required. 

Total Annual Burden: 5,000 hours. 

Total Annual Cost: None. 

Privacy Impact Assessment(s): No 

impact(s). 

Needs and Uses: The Broadcast Equal 

Employment Opportunity (EEO) Model 

Program Report, FCC Form 396–A, is 

filed in conjunction with applicants 

seeking authority to construct a new 

broadcast station, to obtain assignment 

of construction permit or license and/or 

seeking authority to acquire control of 

an entity holding construction permit or 

license. This program is designed to 

assist the applicant in establishing an 

effective EEO program for its station. 

The Commission is requesting 

reinstatement of OMB control number 

3060–0120 by OMB. The collection was 

previously consolidated into 

information collection 3060–0113. The 

collections (3060–0113 and 3060–0120) 

are really different in nature and should 

not be consolidated. Therefore, we are 

requesting that they remain as two 

separate collections. 

OMB Control Number: 3060–0647. 

Title: Annual Survey of Cable 

Industry Prices (‘‘Price Survey’’). 

Form Number: FCC Form 333. 

Type of Review: Extension of a 

currently approved collection. 

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

Government. 

Number of Respondents and 

Responses: 758 respondents and 758 

responses. 

Estimated Time per Response: 10 

hours. 

Frequency of Response: Annual 

reporting requirement. 

Total Annual Burden: 7,580 hours. 

Total Annual Cost: None. 

Obligation to Respond: Mandatory. 

The statutory authority for this 

information collection is contained in 

Sections 4(i) and 623(k) of the 

32160 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

1The Act defines ‘‘person’’ as an individual, 

partnership, committee, association, corporation, 

labor organization, or any other organization or 

group of persons. 2 U.S.C. 431(11). 

Communications Act of 1934, as 

amended. Nature and Extent of 

Confidentiality: If individual 

respondents to this survey wish to 

request confidential treatment of any 

data provided in connection with this 

survey, they can do so upon written 

request, in accordance with Sections 

0.457 and 0.459 of the Commission’s 

rules. To receive confidential treatment 

of their data, respondents need only 

describe the specific information they 

wish to protect and provide an 

explanation of why such confidential 

treatment is appropriate. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: Section 623(k) of the 

Cable Television Consumer Protection 

and Competition Act of 1992 requires 

the Commission to publish annually a 

statistical report on average rates for 

basic cable service, cable programming 

service, and equipment. The report must 

compare the prices charged by cable 

operators subject to ‘‘effective 

competition’’ and those not subject to 

effective competition. The data needed 

to prepare this report is collected using 

the annual cable industry Price Survey. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

[FR Doc. E9–15936 Filed 7–6–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL ELECTION COMMISSION 

[Notice 2009–11] 

Advisory Opinion Procedure 

AGENCY: Federal Election Commission. 

ACTION: Notice of New Advisory 

Opinion Procedures and Explanation of 

Existing Procedures. 

SUMMARY: The Commission is 

establishing a program to allow persons 

requesting an advisory opinion, or their 

counsel, a limited opportunity to appear 

before the Commission. The purpose of 

their appearances is to answer questions 

from the Commission at the open 

meeting during consideration of the 

requestor’s draft advisory opinion. 

DATES: Effective Date: July 7, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Knop, Assistant General 

Counsel, or Mr. Neven F. Stipanovic, 

Attorney, 999 E Street, NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Federal Election Commission is 

implementing a program allowing 

persons requesting advisory opinions, or 

their counsel, to answer questions at the 

open meeting during consideration of an 

advisory opinion draft. 

I. Background 

On January 14 and 15, 2009, the 

Commission held a public hearing on 

possible changes to a number of its 

policies, practices, and procedures, 

including possible changes to the 

advisory opinion process. Information 

about the hearing is available on the 

Commission Web site at http:// 

www.fec.gov/law/policy/enforcement/ 

publichearing011409.shtml. The 

Commission received several public 

comments regarding the advisory 

opinion process. One issue generating 

significant attention was whether 

advisory opinion requestors, or their 

counsel, should be allowed to appear 

before the Commission during the 

advisory opinion process. After 

reviewing the public comments, the 

Commission has decided to allow 

requestors, or their counsel, to appear at 

the open meeting during consideration 

of an advisory opinion draft. The 

specific procedures are explained 

below. 

A. Existing Advisory Opinion 

Procedures 

Any person may request an advisory 

opinion concerning the application of 

the Federal Election Campaign Act of 

1971, as amended (the ‘‘Act’’), or 

Commission regulations, to a specific 

transaction or activity by the 

person.1 See 2 U.S.C. 437f; 11 CFR part 

112. Requestors or their counsel 

(‘‘Requestors’’) must submit their 

request in writing. 11 CFR 112.1. The 

Commission, in turn, must issue an 

advisory opinion within 60 days of 

receiving a complete advisory opinion 

request. 2 U.S.C. 437f(a)(1). The 60-day 

deadline is reduced to 20 days when a 

Federal candidate or a candidate’s 

authorized committee submits a 

complete request within 60 days of a 

Federal election. 2 U.S.C. 437f(a)(2). At 

times, the Commission expedites certain 

highly significant, time-sensitive 

requests and issues these advisory 

opinions within 30 days. See infra 

Section I(E). Advisory opinions are 

issued if approved by at least four 

Commissioners. 

Members of the public have two 

distinct opportunities to participate in 

the advisory opinion process. First, they 

may submit written comments on the 

advisory opinion request, which is 

released to the public and posted on the 

Commission’s Web site as soon as it 

becomes complete. 11 CFR 112.2; 112.3. 

Second, they may submit written 

comments on a draft advisory opinion, 

which typically is provided to the 

Requestor and made available to the 

public prior to the Commission meeting 

at which the advisory opinion will be 

considered. 

B. Proposed Revisions to the Advisory 

Opinion Process 

At the public hearing held on January 

14 and 15, 2009, those commenters who 

addressed the advisory opinion process 

generally agreed that the Requestor 

should be allowed to appear before the 

Commission when the Commission 

considers the advisory opinion draft. 

The main concern with the existing 

advisory opinion process was the 

Requestor’s inability to respond to 

Commissioners’ questions during the 

open meeting. The commenters noted 

that when they represented Requestors, 

they sometimes found it frustrating to 

sit in the audience during the open 

meeting when the Commission was 

considering their request, with no 

opportunity to respond when 

Commissioners raised questions. To 

address this concern, the Commission is 

implementing a new procedure that 

would allow Requestors to appear 

before the Commission to answer 

questions at the open meeting when the 

Commission considers the Requestor’s 

draft advisory opinion. 

The Commission believes that this 

procedure will promote transparency 

and fairness, while ensuring that 

advisory opinions continue to be issued 

in an efficient and timely manner. It 

would permit the Requestors to answer 

directly Commissioners’ questions. 

These appearances may clear up 

ambiguous or conflicting statements in 

the Requestors’ written submissions or 

allow the Commission to obtain 

additional information where the 

Requestor’s previous discussions with 

Office of General Counsel (‘‘OGC’’) 

attorneys did not provide an answer. 

Allowing Requestors to appear would 

help ensure that the Commission fully 

considers all significant aspects of the 

proposed transaction or activity before 

voting on the advisory opinion. 

Appearances by Requestors may also 

help some Requestors to understand 

better the basis for the Commission’s 

decision. 

Some commenters suggested that the 

Commission should hold formal oral 

hearings on advisory opinion requests, 

similar to the probable cause hearings 

the Commission holds in enforcement 

matters, before it considers and votes on 

draft advisory opinions. See Procedural