[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Notices]
[Pages 6835-6837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3914]
=======================================================================
-----------------------------------------------------------------------
[[Page 6836]]
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collections Being Reviewed by the
Federal Communications Commission
February 14, 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. 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 22,
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.
ADDRESS: Direct all comments to Dorothy Conway, Federal Communications,
Room 234, 1919 M St., NW., Washington, DC 20554 or via internet to
dconway@fcc.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 No.: 3060-0552.
Title: Section 76.1003 Adjudicatory proceedings.
Form No.: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents: 30 complainant's file preliminary notices
with potential defendants. Though these actions only result in
approximately 15 actual complaint proceedings each year, to account for
total respondents for this information collection requirement that are
30 complainants and 30 defendants; totalling 60 annual respondents.
Estimated Time Per Response: Preliminary notice has an average
burden of 8 hours (30 X 8). Each defendants response has an average
burden of 8 hours (30 X 8). Each complainants program access complaint
and defendants response to this complaint has an average burden of 15
hours (30 X 15). Each complainant's reply to the defendant's answer to
a program access complaint has an average burden of 5 hours (15 X 5).
Total Annual Burden: (30 X 8) + (30 X 8) + (30 X 15) + (15 X 5) =
1,005 annual burden hours.
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). Section 628 of
the Act prescribes 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 a review of 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 then initiate a program access complaint proceeding
with the Commission. Section 76.1003(b) stipulates that program access
complaint proceedings are generally to be resolved on a written record
consisting of a complaint, a defendant's answer to the complaint, and
the complainant's reply to the defendant's answer.
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: 3060-0571.
Title: Determination of Maximum Permitted Rates for Regulated Cable
Programming Services and Equipment.
Form No.: FCC Form 393.
Type of Review: Extension of expiration date of a currently
approved information collection.
Respondents: Business or other for profit; state, local or tribal
governments.
Number of Respondents: The Commission estimates that 300 FCC Form
393s are filed annually with the Commission and local franchising
authorities.
Estimated Time Per Response: 40 hours per response.
Total Annual Burden: 12,000 hours annually.
Needs and Uses: On 4/1/93, the Commission adopted a Report and
Order, FCC 93-177, MM Docket No. 92-266, implementing Section 623 of
the Cable Act, thus ensuring that cable subscribers nationwide enjoy
the rates that would be charged by cable systems operating in a
competitive environment. The FCC Form 393 was then developed for cable
operators to use to justify the reasonableness of rates for service and
equipment in effect prior to May 15, 1994. The cable operators use the
FCC Form 393 to submit their basic rate schedule to local franchising
authorities or the Commission (in situations where the Commission has
assumed jurisdiction. Cable operators also file the FCC Form 393 when
responding to a complaint filed with the Commission about cable
programming service rates and associated equipment.
OMB Approval Number: 3060-0551.
Title: 47 CFR 76.1002 Specific unfair practices prohibited.
Type of Review: Extension of expiration date of a currently
approved information collection.
Respondents: Business or other for-profit.
Number of Respondents: The Commission receives approximately 20
petitions for exclusivity, annually. Approximately 15 competing
multichannel video programming distributors affected by proposed
petitions for exclusivity will in turn file opposition to the
petitions. Therefore, there are 35 total annual respondents.
Estimated Time Per Response: Each of the estimated 20 petitions for
exclusivity has an average burden of 25 hours. Each of the estimated 15
opposition to petitions for exclusivity has an average burden of 25
hours. Each of the estimated 15 responses to the opposition has an
average burden 15 hours.
Total Annual Burden: (20 x 25) + (15 x 25) + (15 x 15) = 825 burden
hours.
[[Page 6837]]
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). Section 628 of
the Act 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 Section
628(c)(4) of the Act. Pursuant to the legislative mandate of Section 19
of the 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(c)(5) 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.'' 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(c)(2)(D) of the Act.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-3914 Filed 2-21-96; 8:45 am]
BILLING CODE 6712-01-F
