[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10461]
[[Page Unknown]]
[Federal Register: May 2, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
FCC Cable Forms; Information Collection Under OMB Review
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: This document summarizes revisions made to FCC Forms which
were developed in order for the Commission and/or local franchising
authorities to assess whether rates for regulated basic cable services
and/or regulated cable programming services are reasonable. Due to the
nature of the comments received to date, the Commission has decided to
incorporate immediately suggested changes to certain forms as indicated
below. The Commission is requesting that the expiration date of these
forms be extended to April 1997. These revised forms are being
submitted to OMB for expedited review and approval by May 4, 1994.
EFFECTIVE DATE: April 29, 1994.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Beaty at 202-416-0856. For copies of the forms, call 202-416-
0919.
SUPPLEMENTARY INFORMATION: This is a synopsis of the revisions made to
FCC Forms based on comments received by the Commission. To implement
rules adopted in MM Docket No. 92-266, MM Docket No. 92-262 and MM
Docket No. 93-215, the Commission developed the following forms, and
received initial OMB approval on an emergency basis for 90 days,
expiring June 29, 1994, 59 FR 15910, April 5, 1994. On April 21, 1994,
the Commission held a Cable Operator's Seminar before and during which
comments about these forms were received from parties including CATA,
NCTA, SCBA, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. and
Wiley, Rein & Fielding, as well as others. In addition, the
Commission's staff has identified certain corrections which would be
beneficial to users of the forms. Due to the range of commenting
parties, and the nature and substance of the comments received, the
Commission has chosen, upon approval from OMB, to immediately implement
these changes in an effort to improve upon the current forms.
1. FCC Form 1200, Setting Maximum Initial Permitted Rates for
Regulated Cable Services and Equipment Pursuant to Rules Adopted
February 22, 1994 (the ``First Time Filers Form''). Note: FCC Form 1200
was inadvertently assigned the same OMB Control Number as the FCC Form
393, based on an incorrect assumption that Form 1200 replaces FCC Form
393. FCC Form 393 will continue to be required to be filed by operators
to justify pre-May 15, 1994, rates for which there may be refund
liability. A correction is being requested, in conjunction with the
request for approval of the revised form, which will assign a new OMB
Control Number to the Form 1200. FCC Form 393 will retain the OMB
Control Number of 3060-0571. In addition to the specific changes listed
below, we are editing some of the instructions to clarify them. Changes
being made include:
(1) A box is being added for small operators to place an ``x'' on
the paper version of the form, on page 15.
(2) Module B is being modified to permit adjustments for eligible
external costs if such costs are not already reflected in rates.
(3) Module C, line C4, instructions, are being changed to read
``Enter the monthly average number of customer changes in service tiers
charged to subscribers in your fiscal year 1993.''
(4) Module E, caption on form, p. 5, and on instructions, is being
changed to read ``To Be Completed if B19>C10'' rather than C9.
(5) Module H, title, is being changed to read ``earlier of the date
of initial regulation or February 28, 1994'' rather than ``and.''
(6) Module I, line I1--form and instructions are being changed to
indicate that gross full reduction rate is line H9, not H8.
OMB Control Number: A new OMB control number has been requested;
estimated annual burden: 11,200 responses; 20 hours per response;
224,000 hours total annual burden.
2. FCC Form 1201, Facsimile Request. This form is not being revised
and is being submitted to OMB for expedited review and approval to
extend the current expiration date.
OMB Control Number: 3060-0597, estimated annual burden: 14,000
responses; 1 hour per response; 14,000 hours total annual burden.
3. FCC Form 1205, Determining Costs of Regulated Cable Equipment
and Installation. Edits to instructions are being made to clarify them
and to correct grammatical errors. In addition, the gross-up
calculation is being revised to ensure that negative values are not
inappropriately entered in accounting for interest deductibility and in
making adjustments for Non-C corporations when calculating the gross-up
rate of return.
OMB Control Number: 3060-0592, estimated annual burden: 16,600
responses; 20 hours per response; 332,000 hours total annual burden.
4. FCC Form 1210, Updating Maximum Permitted Rates for Regulated
Services and Equipment. Edits to instructions are being made to clarify
them and to correct grammatical errors. The following specific changes
are being made to the form:
(1) Instructions, page 2, last bullet, 1st sentence is being
changed to read: ``If the Commission found your cable programming
service rates to be unreasonable less than one year ago and you now
wish to increase your rates, you must submit FCC Form 1210 to the
Commission for its approval before raising your rates. In addition, if
a compliant is pending before the Commission, and you raise your cable
programming service rates while a complaint about those rates is
pending, you must submit FCC form 1210, for notice purposes only.''
(2) module A, line A2 on instructions is being changed to read
``enter the full reduction rates from line J6 of your Form 1200''
rather than line J7.
(3) Module B is being changed to properly adjust for the 7.5%
margin in programming costs and retransmission consent fees. A
programming cost adjustment will be added as a one-time-only adjustment
in calculating the 7.5% margin on new programming costs. This
adjustment is made the first time a Form 1210 is filed. The
retransmission consent adjustment will also be made as a one-time-only
adjustment in calculating the 7.5% gross-up adjustment. This adjustment
is made the first time a Form 1210 is filed after retransmission
consent fees are allowed as an external cost (they can be claimed as an
external cost after October 6, 1994).
(4) Line E5--where there is no inflation, the filer should enter
``1'' rather than ``0''. In addition, the instructions will clarify the
calculation for inflation adjustments.
OMB Control Number: 3060-0595, estimated annual burden: 33,600
responses; 10 hours per response; 336,000 hours total annual burden.
5. FCC Form 1215, A La Carte Channel Offerings. Edits to
instructions are being made to clarify that Form 1215 is a set of
instructions for collective information. There is no ``form'' for the
operator to fill out. The operator should follow the instructions on
Form 1215, and provide the requested information on an attached sheet
or sheets with each Form 1200 and each Form 1210 which is filed. No
other changes are being made.
Control Number: 3060-0593, estimated annual burden: 44,800
responses; 1 hour per response; 44,800 hours total annual burden.
6. FCC Form 1220, Cost of Service Schedule. The following changes
are being made upon staff recommendation:
(1) Clarifying language is being added to the instructions for part
I (Revenue Requirement Computation), Line 3.h to indicate that if a
negative result in the tax gross-up is calculated, the value should be
set to zero. The interest expense should not result in a negative tax
liability and cause the return on investment to be reduced.
(2) In Worksheet A, the titles for columns (c) and (d) were
inadvertently reversed. The title for column (c) should be
``Uncategorized Allocations from Higher Organizational Levels (Uncat.
Allo.) and the title for column (d) should be ``Adjusted Balance''
(Adj. Bal.).
OMB Control Number: 3060-0594, estimated annual burden: 2,100
responses; 80 hours per response; 168,000 hours total annual burden.
7. FCC Form 1225, Cost of Service Schedule For Small Systems. This
form is not being revised and is being sent to OMB for expedited review
and approval to extend the current expiration date.
OMB Control Number; 3060-0596, estimated annual burden: 700
responses; 60 hours per response; 42,000 hours total annual burden.
8. Note: The Commission is seeking expedited review and approval by
the Office of Management and Budget of the information collections
associated with this notice by May 4, 1994. A copy of this Notice will
be available for public inspection and copying at the Office of the
Federal Register. Copies of these OMB submissions may be purchased from
international Transcription Service, Inc., 2100 M Street, NW, Suite
140, Washington, DC 20037 (202) 857-3800. Comments on these information
collections are encouraged and will be accepted until May 4, 1994.
Persons wishing to comment on these information collections should
contact Timothy Fain, Office of Management and Budget, room 3221 NEOB,
Washington, DC 20503 or by calling (202) 395-7231. Printed copies of
these forms may be obtained by calling (202) 416-0919, or by writing to
Federal Communication Commission, Cable request Form (Specify form
number), P.O. Box 18238, Washington, DC 20036. They will also be
available in room 207, 2033 M Street NW, Washington, DC.
List of Subjects in 47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-10461 Filed 4-29-94; 8:45 am]
BILLING CODE 6712-01-M
