[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Notices]
[Pages 29213-29216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14092]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) being Reviewed by the
Federal Communications Commission
May 15, 1998.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burden
[[Page 29214]]
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 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 comments should be submitted on or before July 27, 1998.
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 Les Smith, Federal Communications
Commission, Room 234, 1919 M St., NW., Washington, DC 20554 or via
internet to lesmith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s), contact Les Smith at 202-418-0217 or
via internet at lesmith@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Approval Number: 3060-0419.
Title: Sections 76.94, 76.95, 76.155, 76.156, 76.157, and 76.159,
Syndicated Exclusivity and Network Non-Duplication Rights.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit.
Number of Respondents: 5,392 (1,141 commercial television stations
+ 4,251 cable television stations).
Estimated Time Per Response: .5 - 2 hours.
Total Annual Burden: 178,640 hours.
Frequency of Response: On Occasion.
Cost to Respondents: $192,132 (operation and maintenance costs for
notifications and responses).
Needs and Uses: Sections 76.94(a) and 76.155(a) require television
stations and program distributors to notify cable television system
operators of non-duplication protection and exclusivity rights being
sought. The notification shall include (1) the name and address of the
party requesting non-duplication protection/exclusivity rights and the
television broadcast station holding the non-duplication right; (2) the
name of the program or series for which protection is sought; and (3)
the dates on which protection is to begin and end.
Section 76.94(b) requires broadcasters entering into contracts
providing for network non-duplication protection to notify cable
systems within 60 days of the signing of such a contract. If they are
unable to provide notices as provided for in Section 74.94(a), they
must provide modified notices that contain the name of the network
which has extended non-duplication protection, the time periods by time
of day and by network for each day of the week that the broadcaster
will be broadcasting programs from that network, and the duration and
extent of the protection.
Section 76.94(d) requires broadcasters to provide the following
information to cable television systems under the following
circumstances: (1) In the event the protection specified in the notices
described in paragraphs (a) or (b) of this section has been limited or
ended prior to the time specified in the notice, or in the event a time
period, as identified to the cable system in a notice pursuant to
paragraph (b) of this section, for which a broadcaster has obtained
protection is shifted to another time of day or another day (but not
expanded), the broadcaster shall, as soon as possible, inform each
cable television system operator that has previously received the
notice of all changes from the original notice. Notice to be furnished
``as soon as possible'' under this subsection shall be furnished by
telephone, telegraph, facsimile, overnight mail or other similar
expedient means. (2) In the event the protection specified in the
modified notices described in paragraph (b) of this section has been
expanded, the broadcaster shall, at least 60 calendar days prior to
broadcast of a protected program entitled to such expanded protection,
notify each cable system operator that has previously received notice
of all changes from the original notice.
Section 76.155(d) requires that in the event the exclusivity
specified in paragraph (a) of this section has been limited or has
ended prior to the time specified in the notice, the distributor or
broadcaster who has supplied the original notice shall, as soon as
possible, inform each cable television system operator that has
previously received the notice of all changes from the original notice.
In the event the original notice specified contingent dates on which
exclusivity is to begin and/or end, the distributor or broadcaster
shall, as soon as possible, notify the cable television system operator
of the occurrence of the relevant contingency. Notice to be furnished
``as soon as possible'' under this subsection shall be furnished by
telephone, telegraph, facsimile, overnight mail or other similar
expedient means.
Sections 76.94(e)(2) and 76.155(c)(2) states that if a cable
television system asks a television station for information about its
program schedule, the television station shall answer the request.
Sections 76.94(f) and 76.157 require a distributor or broadcaster
exercising exclusivity to provide to the cable system, upon request, an
exact copy of those portions of the contracts, such portions to be
signed by both the network and the broadcaster, setting forth in full
the provisions pertinent to the duration, nature, and extent of the
non-duplication terms concerning broadcast signal exhibition to which
the parties have agreed. Providing copies of relevant portions of the
contracts is assumed to be accomplished in the notification process set
forth in Sections 76.94 and 76.155.
Section 76.159 (requirements for invocation of protection) requires
broadcasters to obtain amended contracts when existing contracts have
ambiguous language. We assume all broadcasters that have enforceable
syndicated rights in their contracts have by now amended their existing
contracts. Any contracts entered into after August 18, 1988, would
contain the required language set forth in this section.
Section 76.95(a) states that network non-duplication provisions of
Sections 76.92 through 76.94 shall not apply to cable systems serving
fewer than 1,000 subscribers. Within 60 days following the provision of
service to 1,000 subscribers, the operator of each system shall file a
notice to that effect with the Commission, and serve a copy of that
notice on every television station that would be entitled to exercise
network non-duplication protection against it.
Section 76.156(b) states that the provisions of Sections 76.151
through 76.155 shall not apply to a cable system serving fewer than
1,000 subscribers. Within 60 days following the provision of service to
1,000 subscribers, the operator of each such system shall file
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a notice to that effect with the Commission, and serve a copy of that
notice on every television station that would be entitled to exercise
syndicated exclusivity protection against it.
The purpose of the various notification and disclosure requirements
accounted for in this collection is to protect broadcasters who
purchase the exclusive rights to transmit syndicated programming in
their recognized market areas. The Commission's syndicated exclusivity
rules permit, but do not require, broadcasters and program distributors
to obtain the same enforceable exclusive distribution rights for
syndicated programming that all other video programming distributors
possess.
OMB Approval Number: 3060-0547.
Title: Section 76.61 Disputes concerning carriage and Section 76.7
Special relief and must-carry procedures.
Form Number: N/A
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit.
Number of Respondents: 600 (include petitioning and opposing
parties for Sections 76.61 and 76.7).
Estimated Time Per Response: 5-40 hours.
Total Annual Burden: 18,000 hours.
Frequency of Response: On Occasion.
Cost to Respondents: $198,000 ($192,000 for filing fees at $960 per
fee; postage and stationary costs).
Needs and Uses: This information collection accounts for the
paperwork burden associated with disputes concerning carriage contained
in Section 76.61 as well as must-carry complaints and other petitions
for special relief contained in Section 76.7.
Section 76.61 states that whenever a local commercial television or
qualified low power television station believes that a cable operator
has failed to meet its carriage or channel positioning obligations,
such station shall notify the cable operator, in writing, of the
alleged failure and identify its reasons for believing that the cable
operator is obligated to carry the signal of such station or position
such signal on a particular channel. The cable operator then must
respond in writing within 30 days to the notification and either
commence to carry the station or state its reasons for believing it is
not obligated to carry such signal. The television or low power
television station may then file a ``must-carry'' complaint in
accordance with procedures set forth in Section 76.7. Qualified local
noncommercial educational television stations may also file ``must-
carry'' complaints with the Commission in accordance with procedures
set forth in Section 76.7. Must-carry complaints shall specifically
allege the manner in which the cable operator failed to meet its
obligations and the basis for such allegations.
Section 76.7 states that on petition by a cable television system
operator, a franchising authority, an applicant, permittee, or licensee
of a television broadcast or translator station, or by any other
interested person, the Commission may waive any provision of the rules
relating to cable television systems, impose additional of different
requirements, or issue a ruling on a complaint or disputed question.
The petition for special relief or must-carry complaint may be
submitted informally, by letter, but shall be accompanied by a
certificate of service on any cable television operator, franchising
authority, station licensee, permittee, or applicant, or other
interested person who may be directly affected if the relief requested
is granted. Interested parties may submit comments or oppositions to a
petition for special relief or a must-carry complaint within twenty
days after the date of public notice of the filing of such petition or
complaint. The petitioner or complainant may file a reply to the
comments or oppositions within 10 days after their submission.
OMB Approval Number: 3060-0548.
Title: Section 76.302 Required recordkeeping for Must-Carry
purposes and Section 76.56 Signal Carriage obligations.
Form Number: N/A
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit.
Number of Respondents: 11,000
Estimated Time Per Response: .5 hours - 1 hour.
Total Annual Burden: 66,000 hours.
Frequency of Response: On Occasion.
Cost to Respondents: $110,000 (postage and stationary).
Needs and Uses: Section 76.302 requires the operator of every cable
television system to maintain a public inspection file containing a
list of all broadcast television stations carried by its system in
fulfillment of the must-carry requirements pursuant to Section 76.56
and the designation and location of its principal headend. Sections
76.302 and 76.56(e) state that upon written request from any person, a
cable operator is required to provide the list of must-carried signals
in writing within 30 days of receipt of such request. Additionally,
Section 76.56(d)(3) states that if a cable operator authorizes
subscribers to install additional receiver connections, but does not
provide the subscriber with such connections, or with the equipment and
materials for such connections, the operator shall notify such
subscribers of all broadcast stations carried on the cable system which
cannot be viewed via cable without a converter box and shall offer to
sell or lease such a converter box to such subscribers. The notice,
which may be included in routine billing statements, shall identify the
signals that are unavailable without an additional connection, the
manner for obtaining such additional connection, and instructions for
installation. These notification and recordkeeping requirements ensure
that subscribers are aware of which channels cannot be viewed without
converter boxes and which channels are defined as must-carry. The
records kept by cable television systems are reviewed by Commission
staff during field inspections and by local public officials to assess
the systems' compliance with applicable rules and regulations.
OMB Approval Number: 3060-0652.
Title: Section 76.309 Customer Service Obligations and Section
76.964 Notice to Subscribers.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Businesses or other for-profit; State, local and
tribal governments.
Number of Respondents: 11,365 cable systems, 10 franchise
authorities.
Estimated Time Per Response: 10 minutes - 1 hour.
Total Annual Burden: 33,975 hours.
Frequency of Response: On occasion.
Cost To Respondents: $100,000 (postage and stationary costs).
Needs and Uses: Sections 76.309 and 76.964 set forth various
customer service obligations and notification requirements for changes
in rates, programming services and channel positions.
Section 76.309(a) states that franchise authorities must provide
affected cable operators 90 days written notice of its intent to
enforce customer services standards set forth in Section 76.309(c).
Section 76.309(c)(3)(i)(A) states that cable operators shall
provide written information on each of the following areas at the time
of installation of service, at least annually to all subscribers, and
at any time upon request: (1) Products and services offered; (2) Prices
and options for programming services and conditions of subscription to
programming and other services; (3) Installation and service
maintenance policies; (4) Instructions on how to use the cable service;
(5)
[[Page 29216]]
Channel positions programming carried on the system; and, (6) Billing
and complaint procedures, including the address and telephone number of
the local franchise authority's cable office.
Section 76.309(c)(3)(i)(B) states that customers will be notified
of any changes in rates, programming services or channel positions as
soon as possible in writing. Notice must be given to subscribers a
minimum of thirty (30) days in advance of such changes if the change is
within the control of the cable operator. In addition, the cable
operator shall notify subscribers 30 days in advance of any significant
changes in the other information required by Section
76.309(c)(3)(i)(A).
Section 76.964 states that in addition to the requirement set forth
in Section 76.309(c)(3)(i)(B) regarding advance notification to
customers of any changes in rates, programming services or channel
positions, cable systems shall give 30 days written notice to both
subscribers and local franchising authorities before implementing any
rate or service change. Such notice shall state the precise amount of
any rate change and briefly explain in readily understandable fashion
the cause of the rate change (e.g. inflation, changes in external costs
or the addition/deletion of channels). When the change involves the
addition or deletion of channels, each channel added or deleted must be
separately identified. Notices to subscribers shall inform them of
their right to file complaints about changes in cable programming
service tier rates and services, shall state that the subscriber may
file the complaint within 90 days of the effective date of the rate
change, and shall provide the address and phone number of the local
franchising authority.
Section 76.309(c)(3)(ii)(B) states that in case of a billing
dispute, the cable operator must respond to a written complaint from a
subscriber within 30 days.
Since the last OMB clearance for this collection, it has been
revised in two ways. First, the Section 76.309(a) requirement that
franchise authorities must provide affected cable operators 90 days
written notice of intent to enforce customer services standards was not
previously accounted for in this collection. We now seek clearance for
it as part of this collection. Second, a revision to Section
76.309(c)(3)(i)(B) no longer requires cable operators to provide notice
of any rate change that is the result of a regulatory fee, franchise
fee, or any other fee, tax, assessment, or charge of any kind imposed
by any Federal agency, State, or franchising authority on the
transaction between operators and their subscribers. We revise this
collection accordingly.The Commission requires the various disclosure
and notifications contained in this collection as a means of consumer
protection to ensure that subscribers and franchising authorities are
knowledgeable of cable operators' business practices, current rates,
rate changes for programming, service and equipment, and channel line-
up changes.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-14092 Filed 5-27-98; 8:45 am]
BILLING CODE 6712-01-F
