[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Notices]
[Pages 58554-58555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29299]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collections Submitted to OMB for
Emergency Review and Approval
November 8, 1996.
SUMMARY: The Federal Communications, 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.
Note: The Commission is seeking emergency approval for these
information collections by December 12, 1996, under the provisions
of 5 CFR Section 1320.13.
DATES: Written comments should be submitted on or before December 12,
1996. 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, Room 234, 1919 M St., N.W., Washington, DC 20554 or via
internet to dconway@fcc.gov and Timothy Fain, OMB Desk Officer, 10236
NEOB 725 17th Street, N.W., Washington, DC 20503 or fain__t@a1.eop.gov.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collections contact Dorothy Conway at 202-418-0217
or via internet at dconway@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Approval Number: 3060-0685.
Title: Annual Updating of Maximum Permitted Rates for Regulated
Cable Services.
Form No.: FCC Form 1240.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit; State, Local or Tribal
Governments.
Number of Respondents: 8,475. (5,475 cable operators and 3,000
local franchise authorities (``LFAs'').
Estimated Time Per Response: 1-15 hours.
Total Annual Burden: The following are estimates of paperwork
burdens imposed on cable operators and local franchising authorities
with respect to the FCC Form 1240 information collection requirement.
The modification to the Form 1240 rate methodology requirements only
pertains to first-time filings of FCC Form 1240. Also, the modification
merely results in permitting operators to project and recoup certain
costs sooner, rather than later. This results in no measurable burden
revision for this information collection. Also, if there was an
additional burden significant enough to be measured, any burden added
to an operator's first Form 1240 filing would be cancelled out by the
decreased burden in completing the second Form 1240 filing. The
Commission therefore reports the estimated burden for the Form 1240
information collection requirement as it currently exists in the OMB
inventory.
Burden for operators: We estimate that 25% of operators will
contract out the burden of filing and that it will take 1 hour to
coordinate information with those contractors. The remaining 75% of
operators are estimated to employ in house staff to complete the
filing. 1,369 filings (25% contracted out) x 1 hour = 1,369 hours.
4,106 filings (75% in house) x 15 hours = 61,590 hours.
Additionally, 76.933(g)(2) states: If an LFA has taken no action
within the 90-day review period, then the proposed rates may go into
effect at the end of the review period, subject to a prospective rate
reduction and refund if the LFA subsequently issues a written decision
disapproving any portion of such rates. However, if an operator
inquires as to whether the LFA intends to issue a rate
[[Page 58555]]
order after the initial review period, the LFA or its designee must
notify the operator of its intent in this regard within 15 days of the
operator's inquiry. We estimate this will occur in 25% of the instances
when Form 1240s are filed by cable operators with their LFAs. 25% of
3,000 = 750 inquiries at an estimated 1 burden for each inquiry = 750
hours. Total burden hours to operators = 1,369 + 61,590 + 750 = 63,709
hours.
Burden to LFAs: The Commission estimates there will be 3,000 FCC
Form 1240s filed with LFAs, annually. Average LFA reviewing time for
each FCC Form 1240 is estimated to be 8 hours. 3,000 x 8 hours =
24,000 burden hours.
Additionally, we estimate 750 responses to operator requests
pursuant to 76.933(g)(2). 750 notifications at an estimated 1 burden
hour for each notification = 750 hours. Total burden hours to LFAs =
(3,000 x 8 hrs.) + (750 x 1 hr.) = 24,750 hrs.
Total burden hours for all respondents = 63,799 + 24,750 = 88,549
hours.
Costs for Respondents: $2,084,450. We estimate an annual purchase
of 4,000 diskette versions of FCC Form 1240 @ $5 per diskette =
$20,000. Printing, photocopying and postage costs incurred by
respondents is estimated to be $2 per form (5,475 filings x $2) =
$10,950. We estimate Form 1240 assistance will be performed by legal
and accounting contractors at an average of $100/hour for 25% of the
filings. $100/hour x 1,369 filings (25% of Form 1240 filings) x 15
hours = $2,053,500.
Total respondent costs: $20,000 + $10,950 + 2,053,500 = $2,084,450.
Needs and Uses: On September 22, 1995, the Commission released the
Thirteenth Order on Reconsideration (``Order''), FCC 95-397, MM Docket
No. 92-266, which adopted a new optional rate adjustment methodology
permitting cable operators to make annual rate changes to their basic
service tiers (``BSTs'') and cable programming service tiers
(``CPSTs''). Operators electing to use this methodology adjust their
rates once per year to reflect reasonably certain and reasonably
quantifiable changes in external costs, inflation, and the number of
regulated channels that are projected for the 12 months following the
rate change. To enable operators to use this optional rate adjustment
methodology the Commission created FCC Form 1240 Annual Updating of
Maximum Permitted Rates for Regulated Cable Services.
Subsequent to the availability of FCC Form 1240, the Commission
received numerous requests for waiver of certain rate adjustment
requirements contained in the Order. Therefore, on, Novemeber 1, 1996,
the Commission released an Order, DA 96-1804, which grants for all
cable operators' initial Form 1240 filing, a waiver of the requirement
that only costs that have actually been incurred may be included in the
true-up period. Specifically, an operator's initial Form 1240 filing
may now include projected changes in costs, inflation, channels and
subscriber information attributable to the period between the last date
for which historical cost data is available and the effective date of
the new rates. These projections must be accompanied by a separate
calculation and explanation of the basis for the costs (for the period
between the last full month for which actual cost data is available and
the effective date of the new rate). The creation of this blanket
waiver modifies the Form 1240 information collection requirement and
therefore requires the approval of the Office of Management and Budget.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-29299 Filed 11-14-96; 8:45 am]
BILLING CODE 6712-01-P
