Notice2023-14915
Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority
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
July 14, 2023
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; 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; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.
Full Text
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<title>Federal Register, Volume 88 Issue 134 (Friday, July 14, 2023)</title>
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[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45213-45214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14915]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0550, OMB 3060-0560; FR ID 154532]
Information Collections Being Reviewed by the Federal
Communications Commission Under Delegated Authority
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,
and as required by the Paperwork Reduction Act (PRA), the Federal
Communications Commission (FCC or Commission) invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collections. Comments are requested
concerning: 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; the
accuracy of the Commission's burden estimate; ways to enhance the
quality, utility, and clarity of the information collected; 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; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
DATES: Written comments should be submitted on or before September 12,
2023. 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 contacts below as soon as possible.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email
<a href="/cdn-cgi/l/email-protection#50000211103633337e373f26"><span class="__cf_email__" data-cfemail="72222033321411115c151d04">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#266547524e5f08714f4a4a4f474b556640454508414950"><span class="__cf_email__" data-cfemail="99daf8edf1e0b7cef0f5f5f0f8f4ead9fffafab7fef6ef">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION: The FCC 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, and
as required by the PRA of 1995 (44 U.S.C. 3501-3520), the FCC invites
the general public and other Federal agencies to take this opportunity
to comment on the following information collections. Comments are
requested concerning: 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; the accuracy of the Commission's burden estimate; ways to
enhance the quality, utility, and clarity of the information collected;
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; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
OMB Control Number: 3060-0550.
Title: Local Franchising Authority Certification, FCC Form 328;
Section 76.910, Franchising Authority Certification.
Form No.: FCC Form 328.
Type of Review: Extension of a currently approved collection.
Respondents: State, local or tribal governments; Businesses or
other for-profit entities.
Number of Respondents and Responses: 7 respondents; 13 responses.
Estimated Time per Response: 2 hours.
Frequency of Response: One-time reporting requirement; Third party
disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
section 3 of the Cable Television Consumer Protection and Competition
Act of 1992 (47 U.S.C. 543), as well as sections 4(i), 4(j), and 623 of
the Communications Act of 1934, as amended, and section 111 of the
STELA Reauthorization Act of 2014.
Total Annual Burden: 26 hours.
Total Annual Cost: No cost.
Needs and Uses: On June 3, 2015, the Commission released a Report
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted
a rebuttable presumption that cable operators are subject to competing
provider effective competition. The information collection requirements
have not changed since they were last approved by the Office of
Management and Budget (OMB). The information collection requirements
consist of:
FCC Form 328. Pursuant to section 76.910, a franchising authority
must be certified by the Commission to regulate the basic service tier
and associated equipment of a cable system within its jurisdiction. To
obtain this certification, the franchising authority must prepare and
submit FCC Form 328. The Report and Order revised section 76.910 to
require a franchising authority filing Form 328 to submit specific
evidence demonstrating its rebuttal of the presumption in section
76.906 that the cable system is subject to competing provider effective
competition pursuant to section 76.905(b)(2). The franchising authority
bears the burden of submitting evidence rebutting the presumption that
competing provider effective competition, as defined in section
76.905(b)(2), exists in the franchise area. Unless a franchising
authority has actual knowledge to the contrary, it may rely on the
presumption in section 76.906 that the cable system is not subject to
one of the other three types of effective competition.
Evidence establishing lack of effective competition. If the
evidence establishing the lack of effective competition is not
otherwise available, section 76.910(b)(4) provides that franchising
authorities may request from a multichannel video programming
distributor (MVPD) information regarding the MVPD's reach and number of
subscribers. An MVPD must respond to such request within 15 days. Such
responses may be limited to numerical totals.
Franchising authority's obligations if certified. Section 76.910(e)
of the Commission's rules currently provides
[[Page 45214]]
that, unless the Commission notifies the franchising authority
otherwise, the certification will become effective 30 days after the
date filed, provided, however, that the franchising authority may not
regulate the rates of a cable system unless it: (1) Adopts regulations
(i) consistent with the Commission's regulations governing the basic
tier and (ii) providing a reasonable opportunity for consideration of
the views of interested parties, within 120 days of the effective date
of the certification; and (2) notifies the cable operator that the
franchising authority has been certified and has adopted the required
regulations.
OMB Control Number: 3060-0560.
Title: Section 76.911, Petition for Reconsideration of
Certification.
Form No.: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: State, local or tribal governments; Businesses or
other for-profit entities.
Number of Respondents and Responses: 15 respondents; 25 responses.
Estimated Time per Response: 2-10 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
sections 4(i) and 623 of the Communications Act of 1934, as amended.
Total Annual Burden: 130 hours.
Total Annual Cost: No cost.
Needs and Uses: On June 3, 2015, the Commission released a Report
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted
a rebuttable presumption that cable operators are subject to competing
provider effective competition. Reversing the previous rebuttable
presumption of no effective competition and adopting the procedures
discussed in the Report and Order resulted in changes to the
information collection burdens.
The information collection requirements consist of: Petitions for
reconsideration of certification, oppositions and replies thereto,
cable operator requests to competitors for information regarding the
competitor's reach and number of subscribers if evidence establishing
effective competition is not otherwise available, and the competitors
supplying this information. They have not changed since they were last
approved by OMB.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-14915 Filed 7-13-23; 8:45 am]
BILLING CODE 6712-01-P
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