Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested, 7988-7990 [E7-3005]
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rwilkins on PROD1PC63 with NOTICES
7988
Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices
Respondents: Business or other forprofit, not-for-profit institutions, and
state, local or tribal government.
Number of Respondents: 160
respondents; 160 responses.
Estimated Time per Response: 1 hour.
Frequency of Response: Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 160 hours.
Annual Cost Burden: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: This collection will
be submitted as an extension (no change
in reporting requirements) after this 60day comment period to Office of
Management and Budget (OMB) in order
to obtain the full three year clearance.
There is no change in the number of
respondents or burden hours.
Section 80.302 is necessary when
changes occur in the operation of a
public coast station which include
discontinuance, reduction or
suspension of a watch required to be
maintained on 2182 kHz or 156.800
MHz, notification must be made by the
licensee to the nearest district office of
the U.S. Coast Guard as soon as
practicable. This notification must
include the estimated or known
resumption time of the watch.
The information is used by the U.S.
Coast Guard district office nearest to the
coast station. Once the Coast Guard is
aware that such a situation exists, it is
able to inform the maritime community
that radio coverage has or will be
affected and/or seek to provide coverage
of the safety watch via alternate means.
OMB Control No.: 3060–0308.
Title: Section 90.505, Developmental
Operation, Showing Required.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit and state, local or tribal
government.
Number of Respondents: 100
respondents; 100 responses.
Estimated Time per Response: 2
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 200 hours.
Annual Cost Burden: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: This collection will
be submitted as an extension (no change
in reporting requirements) after this 60day comment period to Office of
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Management and Budget (OMB) in order
to obtain the full three-year clearance.
There is no change in the number of
respondents or burden hours.
Section 90.505 requires applicants
proposing developmental operations to
submit supplemental information
showing why the authorization is
necessary and what its use will be. This
reporting requirement will be used by
the Commission staff in evaluating the
applicant’s need for such frequencies
and the interference potential to other
stations operating on the proposed
frequencies.
OMB Control No.: 3060–0807.
Title: Section 51.803, Procedures for
Commission Notification of a State
Commission’s Failure to Act; and
Supplemental Procedures for Petitions
to Section 252(e)(5) of the
Communications Act of 1934, as
amended.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 60
respondents; 60 responses.
Estimated Time per Response: 20–40
hours.
Frequency of Response: On occasion
reporting requirement and third party
disclosure requirement.
Obligation to Respond: Mandatory.
Total Annual Burden: 1,600 hours.
Annual Cost Burden: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: This collection will
be submitted as an extension (no change
in reporting requirements) after this 60day comment period to Office of
Management and Budget (OMB) in order
to obtain the full three-year clearance.
The Commission has adjusted the
burden hours for this information
collection due to an increase in the
number of respondents.
Any interested party seeking
preemption of a state commission’s
jurisdiction based on the state
commission’s failure to act shall notify
the Commission as follows: (1) File with
the Secretary of the Commission a
detailed petition, supported by an
affidavit, that states with specificity the
basis for any claim that it has failed to
act; and (2) serve the state commission
and other parties to the proceeding on
the same day that the party serves the
petition on the Commission. Within 15
days of the filing of the petition, the
state commission and parties to the
proceeding may file a response to the
petition. All of the requirements are
used to ensure that petitioners have
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complied with their obligations under
the Communications Act of 1934, as
amended.
OMB Control No.: 3060–0894.
Title: Certification Letter Accounting
for Receipt of Federal Support—CC
Docket Nos. 96–45, and 96–262.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: State, local or tribal
government.
Number of Respondents: 52
respondents; 52 responses.
Estimated Time per Response: 3–5
hours.
Frequency of Response: On occasion
and annual reporting requirements.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 162 hours.
Annual Cost Burden: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: This collection will
be submitted as an extension (no change
in reporting requirements) after this 60day comment period to Office of
Management and Budget (OMB) in order
to obtain the full three-year clearance.
There is no change in respondents or
burden hours. Each state is required to
provide information to the Commission
regarding the comparability of local
rates in rural areas served by non-rural
carriers within the state to urban rates
nationwide. The certification process
requirements address rate
comparability. Pursuant to the
certification process, each state is
required to inform whether its rates in
rural areas served by non-rural carriers
are reasonably comparable to urban
rates nationwide and explain the basis
for its conclusion as well as its proposed
remedies, if necessary.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–2995 Filed 2–21–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
February 15, 2007.
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
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rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law No. 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
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 Paperwork Reduction
Act (PRA) comments should be
submitted on or before March 26, 2007.
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: You may submit all your
Paperwork Reduction Act (PRA)
comments by e-mail or U.S. postal mail.
To submit your comments by e-mail
send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them
to the attention of Cathy Williams,
Federal Communications Commission,
Room 1–C823, 445 12th Street, SW.,
Washington, DC 20554 and Allison E.
Zaleski, OMB Desk Officer, Room 10236
NEOB, 725 17th Street, NW.,
Washington, DC 20503 or via fax at
(202) 395–5167 or at
Allison_E._Zaleski@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s) send an e-mail
to PRA@fcc.gov or contact Cathy
Williams at (202) 418–2918. If you
would like to obtain a copy of the
information collection, you may do so
by visiting the FCC PRA Web page at:
https://www.fcc.gov/omd/pra.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0692.
Title: Home Wiring Provisions.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Individuals or
households; Business or other for-profit
entities.
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14:11 Feb 21, 2007
Jkt 211001
Number of Respondents: 22,000.
Estimated Time per Response: 5
minutes—2 hours.
Frequency of Response:
Recordkeeping requirement; On
occasion reporting requirement; Annual
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 36,114 hours.
Total Annual Cost: None.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: This information
collection accounts for the information
collection requirement stated in 47 CFR
76.613, where MVPDs causing harmful
signal interference may be required by
the Commission’s engineer in charge
(EIC) to prepare and submit a report
regarding the cause(s) of the
interference, corrective measures
planned or taken, and the efficacy of the
remedial measures.
47 CFR 76.802, Disposition of Cable
Home Wiring, gives individual video
service subscribers in single unit
dwellings and MDUs the opportunity to
purchase their cable home wiring at
replacement cost upon voluntary
termination of service. In calculating
hour burdens for notifying individual
subscribers of their purchase rights, we
make the following assumptions:
(1) There are approximately 20,000
MVPDs serving approximately
72,000,000 subscribers in the United
States.
(2) The average rate of churn
(subscriber termination) for all MVPDs
is estimated to be 1% per month, or
12% per year.
(3) MVPDs own the home wiring in
50% of the occurrences of voluntary
subscriber termination.
(4) Subscribers or property owners
already have gained ownership of the
wiring in the other 50% of occurrences
(e.g., where the MVPD has charged the
subscriber for the wiring upon
installation, has treated the wiring as
belonging to the subscriber for tax
purposes, or where state and/or local
law treats cable home wiring as a
fixture).
(5) Where MVPDs own the wiring, we
estimate that they intend to actually
remove the wiring 5% of the time, thus
initiating the disclosure requirement.
We believe in most cases that MVPDs
will choose to abandon the home wiring
because the cost and effort required to
remove the wiring generally outweigh
its value. The burden to disclose the
information at the time of termination
will vary depending on the manner of
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7989
disclosure, e.g., by telephone, customer
visit or registered mail. Virtually all
voluntary service terminations are done
by telephone. In addition, 47 CFR
76.802 states that if a subscriber in an
MDU declines to purchase the wiring,
the MDU owner or alternative provider
(where permitted by the MDU owner)
may purchase the home wiring where
reasonable advance notice has been
provided to the incumbent.
(1) According to the 2000 U.S.
Census, the nation’s population was
approximately 281,000,000.
(2) The American Housing Survey for
the United States, 2001, Table 2–25, and
the 2000 Census stated that the total
number of living units of all types in the
United States was approximately
106,000,000, or an average of 2.65
people per unit.
(3) The American Housing Survey
also estimated that 24,600,000 occupied
housing units were classified as ‘‘multiunits,’’ that is, they are in MDUs with
two or more units per building.
(4) The American Housing Survey
data also found that there were
approximately 7,600,000 buildings
classified as MDUs in the United States.
(5) Approximately 66,000,000 people
resided in these 24,600,000 occupied
housing units in these MDUs in 2000.
(6) We estimate that 2,000 MDU
owners will provide advance notice to
the incumbent MVPD that the MDU
owner wishes to use the home run
wiring to receive service from an
alternative video service provider.
47 CFR 76.802 also states that, to
inform subscribers of per-foot
replacement costs, MVPDs may develop
replacement cost schedules based on
readily available information; if the
MVPD chooses to develop such
schedules, it must place them in a
public file available for public
inspection during regular business
hours. We estimate that 50% of MVPDs
will develop such cost schedules to
place in their public files. Virtually all
individual subscribers terminate service
via telephone, and few subscribers are
anticipated to review cost schedules on
public file.
47 CFR 76.804 Disposition of Home
Run Wiring. We estimate the burden for
notification and election requirements
for building-by-building and unit-byunit disposition of home run wiring as
described below. Note that these
requirements apply only when an
MVPD owns the home run wiring in an
MDU and does not (or will not at the
conclusion of the notice period) have a
legally enforceable right to remain on
the premises against the wishes of the
entity that owns or controls the common
areas of the MDU or have a legally
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7990
Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices
enforceable right to maintain any
particular home run wire dedicated to a
particular unit on the premises against
the MDU owner’s wishes.
We use the term ‘‘MDU owner’’ to
include whatever entity owns or
controls the common areas of an
apartment building, condominium or
cooperative. For building-by-building
disposition of home run wiring, the
MDU owner gives the incumbent service
provider a minimum of 90 days’ written
notice that its access to the entire
building will be terminated. The
incumbent then has 30 days to elect
what it will do with the home run
wiring. Where parties negotiate a price
for the wiring and are unable to agree
on a price, the incumbent service
provider must elect among
abandonment, removal of the wiring, or
arbitration for a price determination.
Also, regarding cable home wiring,
when the MDU owner notifies the
incumbent service provider that its
access to the building will be
terminated, the incumbent provider
must, within 30 days of the initial
notice and in accordance with our home
wiring rules:
(1) Offer to sell to the MDU owner any
home wiring within the individual
dwelling units which the incumbent
provider owns and intends to remove,
and
(2) Provide the MDU owner with the
total per-foot replacement cost of such
home wiring.
The MDU owner must then notify the
incumbent provider as to whether the
MDU owner or an alternative provider
intends to purchase the home wiring not
later than 30 days before the
incumbent’s access to the building will
be terminated. For unit-by-unit
disposition of home run wiring, an
MDU owner must provide at least 60
days’ written notice to the incumbent
MVPD that it intends to permit multiple
MVPDs to compete for the right to use
the individual home run wires
dedicated to each unit. The incumbent
service provider then has 30 days to
provide the MDU owner with a written
election as to whether, for all of the
incumbent’s home run wires dedicated
to individual subscribers who may later
choose the alternative provider’s
service, it will remove the wiring,
abandon the wiring, or sell the wiring to
the MDU owner.
In other words, the incumbent service
provider will be required to make a
single election for how it will handle
the disposition of individual home run
wires whenever a subscriber wishes to
switch service providers; that election
will then be implemented each time an
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14:11 Feb 21, 2007
Jkt 211001
individual subscriber switches service
providers.
Where parties negotiate a price for the
wiring and are unable to agree on a
price, the incumbent service provider
must elect among abandonment,
removal of the wiring, or arbitration for
a price determination. The MDU owner
also must provide reasonable advance
notice to the incumbent provider that it
will purchase, or that it will allow an
alternative provider to purchase, the
cable home wiring when a terminating
individual subscriber declines. If the
alternative provider is permitted to
purchase the wiring, it will be required
to make a similar election during the
initial 30-day notice period for each
subscriber who switches back from the
alternative provider to the incumbent
MVPD.
While the American Housing Survey
estimates that there were some
7,600,000 MDUs with 24,600,000
resident occupants in the United States
in 2000, we estimate that there will be
only 12,500 notices and 12,500 elections
being made on an annual basis. In many
buildings, the MDU owner will be
unable to initiate the notice and election
processes because the incumbent MVPD
service provider continues to have a
legally enforceable right to remain on
the premises. In other buildings, the
MDU owner may simply have no
interest in acquiring a new MVPD
service provider.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–3005 Filed 2–21–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting; FCC
Announces Details for Public Hearing
on Media Ownership in Harrisburg, PA
February 16, 2007.
Washington, DC—The Federal
Communications Commission today
announced further details of its
previously announced Harrisburg field
hearing regarding media ownership (see
press release dated February 8, 2007.)
The hearing date, time, and location
are as follows:
DATE: Friday, February 23, 2007.
TIME: 9 a.m.–2:30 p.m.
PRELIMINARY SCHEDULE (SUBJECT TO
CHANGE): 9 a.m.–9:30 a.m.: Welcome/
Opening Remarks
9:30 a.m.–11 a.m.: Panel Discussion
11 a.m.–12:30 p.m.: Public Comment
12:30 p.m.–1 p.m.: Break
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Fmt 4703
Sfmt 4703
1 p.m.–2:30 p.m.: Public Comment
Whitaker Center for Science
and the Arts, Sunoco Performance
Theater, 222 Market Street, Harrisburg,
Pennsylvania 17101.
Link to Whitaker Center: https://
www.whitakercenter.org.
The purpose of the hearing is to fully
involve the public in the process of the
2006 Quadrennial Broadcast Media
Ownership Review that the Commission
is currently conducting. The hearing is
open to the public, and seating will be
available on a first-come, first-served
basis. This hearing is the third in a
series of media ownership hearings the
Commission intends to hold across the
country.
There will be one panel of presenters
followed by public comment. The
hearing format will enable members of
the public to participate via ‘‘open
microphone.’’
Open captioning and sign language
interpreters will be provided for this
event. Other reasonable
accommodations for people with
disabilities are available upon request.
Include a description of the
accommodation you will need including
as much detail as you can. Also include
a way we can contact you if we need
more information. Make your request as
early as possible. Last minute requests
will be accepted, but may not be
possible to fill. Send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau: For
reasonable accommodations: 202–418–
0530 (voice), 202–418–0432 (TTY).
Further details including names of the
panelists will be released prior to the
hearing.
For additional information about the
hearing, please visit the FCC’s Web site
at https://www.fcc.gov/ownership. Press
inquiries should be directed to Clyde
Ensslin, at 202–418–0506, or David
Fiske, at 202–418–0513.
LOCATION:
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 07–819 Filed 2–20–07; 11:23 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on agreements to the Secretary, Federal
Maritime Commission, Washington, DC
20573, within ten days of the date this
notice appears in the Federal Register.
E:\FR\FM\22FEN1.SGM
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Agencies
[Federal Register Volume 72, Number 35 (Thursday, February 22, 2007)]
[Notices]
[Pages 7988-7990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3005]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
February 15, 2007.
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
[[Page 7989]]
following information collection(s), as required by the Paperwork
Reduction Act (PRA) of 1995, Public Law No. 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 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 Paperwork Reduction Act (PRA) comments should be
submitted on or before March 26, 2007. 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: You may submit all your Paperwork Reduction Act (PRA)
comments by e-mail or U.S. postal mail. To submit your comments by e-
mail send them to PRA@fcc.gov. To submit your comments by U.S. mail,
mark them to the attention of Cathy Williams, Federal Communications
Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554 and
Allison E. Zaleski, OMB Desk Officer, Room 10236 NEOB, 725 17th Street,
NW., Washington, DC 20503 or via fax at (202) 395-5167 or at Allison--
E.--Zaleski@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection(s) send an e-mail to PRA@fcc.gov or contact
Cathy Williams at (202) 418-2918. If you would like to obtain a copy of
the information collection, you may do so by visiting the FCC PRA Web
page at: https://www.fcc.gov/omd/pra.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0692.
Title: Home Wiring Provisions.
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit entities.
Number of Respondents: 22,000.
Estimated Time per Response: 5 minutes--2 hours.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Annual reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Total Annual Burden: 36,114 hours.
Total Annual Cost: None.
Privacy Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality.
Needs and Uses: This information collection accounts for the
information collection requirement stated in 47 CFR 76.613, where MVPDs
causing harmful signal interference may be required by the Commission's
engineer in charge (EIC) to prepare and submit a report regarding the
cause(s) of the interference, corrective measures planned or taken, and
the efficacy of the remedial measures.
47 CFR 76.802, Disposition of Cable Home Wiring, gives individual
video service subscribers in single unit dwellings and MDUs the
opportunity to purchase their cable home wiring at replacement cost
upon voluntary termination of service. In calculating hour burdens for
notifying individual subscribers of their purchase rights, we make the
following assumptions:
(1) There are approximately 20,000 MVPDs serving approximately
72,000,000 subscribers in the United States.
(2) The average rate of churn (subscriber termination) for all
MVPDs is estimated to be 1% per month, or 12% per year.
(3) MVPDs own the home wiring in 50% of the occurrences of
voluntary subscriber termination.
(4) Subscribers or property owners already have gained ownership of
the wiring in the other 50% of occurrences (e.g., where the MVPD has
charged the subscriber for the wiring upon installation, has treated
the wiring as belonging to the subscriber for tax purposes, or where
state and/or local law treats cable home wiring as a fixture).
(5) Where MVPDs own the wiring, we estimate that they intend to
actually remove the wiring 5% of the time, thus initiating the
disclosure requirement.
We believe in most cases that MVPDs will choose to abandon the home
wiring because the cost and effort required to remove the wiring
generally outweigh its value. The burden to disclose the information at
the time of termination will vary depending on the manner of
disclosure, e.g., by telephone, customer visit or registered mail.
Virtually all voluntary service terminations are done by telephone. In
addition, 47 CFR 76.802 states that if a subscriber in an MDU declines
to purchase the wiring, the MDU owner or alternative provider (where
permitted by the MDU owner) may purchase the home wiring where
reasonable advance notice has been provided to the incumbent.
(1) According to the 2000 U.S. Census, the nation's population was
approximately 281,000,000.
(2) The American Housing Survey for the United States, 2001, Table
2-25, and the 2000 Census stated that the total number of living units
of all types in the United States was approximately 106,000,000, or an
average of 2.65 people per unit.
(3) The American Housing Survey also estimated that 24,600,000
occupied housing units were classified as ``multi-units,'' that is,
they are in MDUs with two or more units per building.
(4) The American Housing Survey data also found that there were
approximately 7,600,000 buildings classified as MDUs in the United
States.
(5) Approximately 66,000,000 people resided in these 24,600,000
occupied housing units in these MDUs in 2000.
(6) We estimate that 2,000 MDU owners will provide advance notice
to the incumbent MVPD that the MDU owner wishes to use the home run
wiring to receive service from an alternative video service provider.
47 CFR 76.802 also states that, to inform subscribers of per-foot
replacement costs, MVPDs may develop replacement cost schedules based
on readily available information; if the MVPD chooses to develop such
schedules, it must place them in a public file available for public
inspection during regular business hours. We estimate that 50% of MVPDs
will develop such cost schedules to place in their public files.
Virtually all individual subscribers terminate service via telephone,
and few subscribers are anticipated to review cost schedules on public
file.
47 CFR 76.804 Disposition of Home Run Wiring. We estimate the
burden for notification and election requirements for building-by-
building and unit-by-unit disposition of home run wiring as described
below. Note that these requirements apply only when an MVPD owns the
home run wiring in an MDU and does not (or will not at the conclusion
of the notice period) have a legally enforceable right to remain on the
premises against the wishes of the entity that owns or controls the
common areas of the MDU or have a legally
[[Page 7990]]
enforceable right to maintain any particular home run wire dedicated to
a particular unit on the premises against the MDU owner's wishes.
We use the term ``MDU owner'' to include whatever entity owns or
controls the common areas of an apartment building, condominium or
cooperative. For building-by-building disposition of home run wiring,
the MDU owner gives the incumbent service provider a minimum of 90
days' written notice that its access to the entire building will be
terminated. The incumbent then has 30 days to elect what it will do
with the home run wiring. Where parties negotiate a price for the
wiring and are unable to agree on a price, the incumbent service
provider must elect among abandonment, removal of the wiring, or
arbitration for a price determination. Also, regarding cable home
wiring, when the MDU owner notifies the incumbent service provider that
its access to the building will be terminated, the incumbent provider
must, within 30 days of the initial notice and in accordance with our
home wiring rules:
(1) Offer to sell to the MDU owner any home wiring within the
individual dwelling units which the incumbent provider owns and intends
to remove, and
(2) Provide the MDU owner with the total per-foot replacement cost
of such home wiring.
The MDU owner must then notify the incumbent provider as to whether
the MDU owner or an alternative provider intends to purchase the home
wiring not later than 30 days before the incumbent's access to the
building will be terminated. For unit-by-unit disposition of home run
wiring, an MDU owner must provide at least 60 days' written notice to
the incumbent MVPD that it intends to permit multiple MVPDs to compete
for the right to use the individual home run wires dedicated to each
unit. The incumbent service provider then has 30 days to provide the
MDU owner with a written election as to whether, for all of the
incumbent's home run wires dedicated to individual subscribers who may
later choose the alternative provider's service, it will remove the
wiring, abandon the wiring, or sell the wiring to the MDU owner.
In other words, the incumbent service provider will be required to
make a single election for how it will handle the disposition of
individual home run wires whenever a subscriber wishes to switch
service providers; that election will then be implemented each time an
individual subscriber switches service providers.
Where parties negotiate a price for the wiring and are unable to
agree on a price, the incumbent service provider must elect among
abandonment, removal of the wiring, or arbitration for a price
determination. The MDU owner also must provide reasonable advance
notice to the incumbent provider that it will purchase, or that it will
allow an alternative provider to purchase, the cable home wiring when a
terminating individual subscriber declines. If the alternative provider
is permitted to purchase the wiring, it will be required to make a
similar election during the initial 30-day notice period for each
subscriber who switches back from the alternative provider to the
incumbent MVPD.
While the American Housing Survey estimates that there were some
7,600,000 MDUs with 24,600,000 resident occupants in the United States
in 2000, we estimate that there will be only 12,500 notices and 12,500
elections being made on an annual basis. In many buildings, the MDU
owner will be unable to initiate the notice and election processes
because the incumbent MVPD service provider continues to have a legally
enforceable right to remain on the premises. In other buildings, the
MDU owner may simply have no interest in acquiring a new MVPD service
provider.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-3005 Filed 2-21-07; 8:45 am]
BILLING CODE 6712-01-P