[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Notices]
[Pages 44861-44862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22513]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Submitted to OMB for
Review and Approval
August 12, 1998.
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(s), as required by the Paperwork
Reduction Act of 1995, Pub. L. 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, 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 information techniques or other forms of information
technology.
DATES: Written comments should be submitted on or before September 21,
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,
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 collections contact Les Smith at 202-418-0217 or via
internet at lesmith@fcc.gov.
SUPPLEMENTARY INFORMATION:
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 entities.
Number of Respondents: 600 (includes petitioning and opposing
parties for Sections 76.61 and 76.7).
Estimated Time Per Response: 5 to 40 hours.
Frequency of Response: On Occasion reporting requirements; Third
party disclosure.
Total Annual Burden: 18,000 hours.
Cost to Respondents: $198,000.
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 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 or 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 entities.
Number of Respondents: 11,000.
Estimated Time Per Response: 0.5 hours to 1.0 hour.
Frequency of Response: On occasion reporting requirements; Third
party disclosure.
Total Annual Burden: 66,000 hours.
Cost to Respondents: $110,000.
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-
[[Page 44862]]
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: Business and other for-profit entities; State, local
and tribal governments.
Number of Respondents: 11,375 (11,365 cable systems +10 franchise
authorities).
Estimated Time Per Response: 10 minutes to 1.0 hour.
Frequency of Response: On occasion reporting requirements; Third
party disclosure.
Total Annual Burden: 33,975 hours.
Cost to Respondents: $100,000.
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) 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, cable operators are no longer
required 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. 98-22513 Filed 8-20-98; 8:45 am]
BILLING CODE 6712-10-P
