Notice2022-20894
Information Collection Being Submitted for Review and Approval to Office of Management and Budget
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 27, 2022
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection. Pursuant to the Small Business Paperwork Relief Act of 2002, the FCC seeks specific comment on how it can further reduce the information collection burden for small business concerns with fewer than 25 employees.
Full Text
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<title>Federal Register, Volume 87 Issue 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58498-58499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20894]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0568; FR ID 106371]
Information Collection Being Submitted for Review and Approval to
Office of Management and Budget
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
as required by the Paperwork Reduction Act (PRA) of 1995, the Federal
Communications Commission (FCC or the Commission) invites the general
public and other Federal Agencies to take this opportunity to comment
on the following information collection. Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it
can further reduce the information collection burden for small business
concerns with fewer than 25 employees.
DATES: Written comments and recommendations for the proposed
information collection should be submitted on or before October 27,
2022.
ADDRESSES: Comments should be sent to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. Your comment must be submitted into
<a href="http://www.reginfo.gov">www.reginfo.gov</a> per the above instructions for it to be considered. In
addition to submitting in <a href="http://www.reginfo.gov">www.reginfo.gov</a> also send a copy of your
comment on the proposed information collection to Cathy Williams, FCC,
via email to <a href="/cdn-cgi/l/email-protection#29797b68694f4a4a074e465f"><span class="__cf_email__" data-cfemail="41111300012722226f262e37">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#2a694b5e4253047d434646434b47596a4c4949044d455c"><span class="__cf_email__" data-cfemail="ca89abbea2b3e49da3a6a6a3aba7b98aaca9a9e4ada5bc">[email protected]</span></a>. Include in the
comments the OMB control number as shown in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR)
submitted to OMB: (1) go to the web page <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>, (2) look for the section of the web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the Title of this ICR and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
SUPPLEMENTARY INFORMATION: The Commission may not conduct or sponsor a
collection of information unless it displays a currently valid Office
of Management and Budget (OMB) control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the PRA that does not display a valid OMB
control number.
As part of its continuing effort to reduce paperwork burdens, as
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to
take this opportunity to comment on the following information
collection. 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 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. Pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks
specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
OMB Control Number: 3060-0568.
Title: Sections 76.970, 76.971, and 76.975, Commercial Leased
Access Rates, Terms and Conditions, and Dispute Resolution.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Businesses or other for-profit entities; Not-for-
profit institutions.
Number of Respondents and Responses: 2,677 respondents; 6,879
responses.
Estimated Time per Response: 0.5 hours to 40 hours.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third-party disclosure requirement.
Obligation to Respond: Mandatory; Required to obtain or retain
benefits. The statutory authority for this information collection is
contained in sections 4(i), 303, and 612 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 303, and 532.
Total Annual Burden: 17,131 hours.
Total Annual Cost: $118,000.
Needs and Uses: The information collection requirements for this
collection are contained in the following rule sections:
47 CFR 76.970(h) requires cable operators to provide prospective
leased access programmers with the following information within 30
calendar days of the date on which a bona fide request for leased
access information is made, provided that the programmer has remitted
any application fee that the cable system operator requires up to a
maximum of $100 per system-specific bona fide request (for systems
subject to small system relief, cable operators are required to provide
the following information within 45 calendar days of a bona fide
request):
(a) How much of the cable operator's leased access set-aside
capacity is available;
(b) a complete schedule of the operator's full-time leased access
rates;
(c) rates associated with technical and studio costs; and
(d) if specifically requested, a sample leased access contract.
Bona fide requests, as used in this section, are defined as
requests from
[[Page 58499]]
potential leased access programmers that have provided the following
information:
(a) The desired length of a contract term;
(b) the anticipated commencement date for carriage; and
(c) the nature of the programming.
All requests for leased access must be made in writing and must
specify the date on which the request was sent to the operator.
Operators must maintain supporting documentation to justify scheduled
rates, including supporting contracts, calculations of the implicit
fees, and justifications for all adjustments.
Cable system operators must disclose on their own websites, or
through alternate means if they do not have their own websites, a
contact name or title, telephone number, and email address for the
person responsible for responding to requests for information about
leased access channels.
47 CFR 76.971 requires cable operators to provide billing and
collection services to leased access programmers unless they can
demonstrate the existence of third-party billing and collection
services which, in terms of cost and accessibility, offer leased access
programmers an alternative substantially equivalent to that offered to
comparable non-leased access programmers.
47 CFR 76.975(b) allows any person aggrieved by the failure or
refusal of a cable operator to make commercial channel capacity
available or to charge rates for such capacity in accordance with the
relevant provisions of the statute or the implementing regulations to
file a petition for relief with the Commission. Persons alleging that a
cable operator's leased access rate is unreasonable must receive a
determination of the cable operator's maximum permitted rate from an
independent accountant prior to filing a petition. If parties cannot
agree on a mutually acceptable accountant within five business days of
the programmer's request for a review, they must each select an
independent accountant on the sixth business day. These two accountants
will then have five business days to select a third independent
accountant to perform the review. To account for their more limited
resources, operators of systems entitled to small system relief have 14
business days to select an independent accountant when no agreement can
be reached.
47 CFR 76.975(c) requires that petitioners attach a copy of the
final accountant's report to their petition where the petition is based
on allegations that a cable operator's leased access rates are
unreasonable.
47 CFR 76.975(e) provides that the cable operator or other
respondent will have 30 days from service of the petition to file an
answer. If a leased access rate is disputed, the answer must show that
the rate charged is not higher than the maximum permitted rate for such
leased access, and must be supported by the affidavit of a responsible
company official. If, after an answer is submitted, the staff finds a
prima facie violation of our rules, the staff may require a respondent
to produce additional information, or specify other procedures
necessary for resolution of the proceeding. Replies to answers must be
filed within fifteen (15) days after submission of the answer.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2022-20894 Filed 9-26-22; 8:45 am]
BILLING CODE 6712-01-P
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