Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested, 6624-6625 [E9-2804]
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Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices
Accessibility: For information on
access or services for individuals with
disabilities, please contact Dr. Angela
Nugent at (202) 343–9981 or
nugent.angela@epa.gov. To request
accommodation of a disability, please
contact Dr. Nugent preferably at least
ten days prior to the teleconferences to
give EPA as much time as possible to
process your request.
Dated: February 2, 2009.
Anthony Maciorowski,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. E9–2798 Filed 2–9–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
erowe on PROD1PC63 with NOTICES
February 4, 2009.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection, as
required by the Paperwork Reduction
Act (PRA) 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. Pursuant to the PRA, no person
shall be subject to any penalty for failing
to comply with a collection of
information 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 PRA comments should
be submitted on or before April 13,
2009. 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: Interested parties may
submit all PRA comments by e-mail or
VerDate Nov<24>2008
14:17 Feb 09, 2009
Jkt 217001
U.S. 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.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, send an e-mail
to PRA@fcc.gov or contact Cathy
Williams at 202–418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0568.
Title: Sections 76.970, 76.971 and
76.975, Commercial Leased Access
Rates, Terms and Conditions.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Businesses or other forprofit; State, Local or Tribal
Government.
Number of Respondents and
Responses: 4,030 respondents; 11,940
responses.
Estimated Time per Response: 2
minutes–10 hours.
Frequency of Response:
Recordkeeping requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 154(i) and 612
of the Communications Act of 1934, as
amended.
Total Annual Burden: 59,671 hours.
Total Annual Cost: $74,000.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: 47 CFR 76.970(h)
requires cable operators to provide the
following information within 15
calendar days of a request regarding
leased access (for systems subject to
small system relief, cable operators are
required to provide the following
information within 30 days of a request
regarding leased access):
(a) A complete schedule of the
operator’s full-time and part-time leased
access rates;
(b) How much of the cable operator’s
leased access set-aside capacity is
available;
(c) Rates associated with technical
and studio costs;
(d) If specifically requested, a sample
leased access contract; and
(e) Operators must maintain
supporting documentation to justify
scheduled rates in their files.
47 CFR 76.971 requires cable
operators to provide billing and
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Frm 00056
Fmt 4703
Sfmt 4703
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) requires that
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 for relief with the
Commission.
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.
OMB Control Number: 3060–0716.
Title: Sections 73.88, 73.318, 73.685
and 73.1630, Blanketing Interference.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions.
Number of Respondents and
Responses: 21,000 respondents/21,000
responses.
Estimated Time per Response: 1 to 2
hours.
Frequency of Response: Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Section 154(i) of the
Communications Act of 1934, as
amended.
Total Annual Burden: 41,000 hours.
Total Annual Costs: None.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: 47 CFR 73.88(AM)
states that the licensee of each broadcast
station is required to satisfy all
reasonable complaints of blanketing
interference within the 1 V/m contour.
47 CFR 73.318(b)(FM) states that after
January 1, 1985, permittees or licensees
who either (1) commence program tests,
(2) replace the antennas, or (3) request
facilities modifications and are issued a
new construction permit must satisfy all
complaints of blanketing interference
which are received by the station during
a one year period.
47 CFR 73.318(c)(FM) states that a
permittee collocating with one or more
E:\FR\FM\10FEN1.SGM
10FEN1
Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Notices
existing stations and beginning program
tests on or after January 1, 1985, must
assume full financial responsibility for
remedying new complaints of
blanketing interference for a period of
one year.
Under 47 CFR 73.88(AM),
73.318(FM), and 73.685(d)(TV), the
license is financially responsible for
resolving complaints of interference
within one year of program test
authority when certain conditions are
met. After the first year, a license is only
required to provide technical assistance
to determine the cause of interference.
The FCC has an outstanding Notice of
Proposed Rulemaking (NPRM) in MM
Docket No. 96–62, In the Matter of
Amendment of Part 73 of the
Commission’s Rules to More Effectively
Resolve Broadcast Blanketing
Interference, Including Interference to
Consumer Electronics and Other
Communications Devices. The NPRM
has proposed to provide detailed
clarification of the AM, FM, and TV
licensee’s responsibilities in resolving/
eliminating blanketing interference
caused by their individual stations. The
NPRM has also proposed to consolidate
all blanketing interference rules under a
new section 47 CFR 73.1630,
‘‘Blanketing Interference.’’ This new
rule has been designed to facilitate the
resolution of broadcast interference
problems and set forth all
responsibilities of the licensee/
permittee of a broadcast station. To date,
final rules have not been adopted.
recommended decisions and
recommended remedies, if necessary.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Steven Broeckaert,
Steven.Broeckaert@fcc.gov, or David
Konczal, David.Konczal@fcc.gov, of the
Media Bureau, Policy Division, (202)
418–2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Order, FCC 09–4,
adopted and released on January 27,
2009. The full text of this document is
available for public inspection and
copying during regular business hours
in the FCC Reference Center, Federal
Communications Commission, 445 12th
Street, SW., CY–A257, Washington, DC
20554. This document will also be
available via ECFS (https://www.fcc.gov/
cgb/ecfs/). (Documents will be available
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9–2804 Filed 2–9–09; 8:45 am]
Synopsis of the Order
1. On October 10, 2008, the Media
Bureau issued a Memorandum Opinion
and Hearing Designation Order
(‘‘HDO’’) referring the above-captioned
matters to an Administrative Law Judge
for recommended decisions. 73 FR
65312, November 3, 2008. The Media
Bureau has since issued Orders stating
that the Administrative Law Judge’s
delegated authority over these hearing
matters expired under the terms of the
HDO, providing that the Media Bureau
will proceed to resolve these disputes
without the benefit of recommended
decisions from the Administrative Law
Judge, and providing an abbreviated
schedule for the parties to file
additional and/or updated arguments
and evidence responsive to certain
questions and requests. In the Matter of
Herring Broadcasting Inc., d/b/a
WealthTV, et al., 74 FR 3037, January
16, 2009 (‘‘December 24th Order’’); In
the Matter of NFL Enterprises LLC, 74
FR 4035, January 22, 2009 (‘‘December
31st Order’’); In the Matter of Herring
Broadcasting Inc., d/b/a WealthTV, et
al., Order, DA 09–55, MB Docket 08–
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 08–214; FCC 09–4]
Herring Broadcasting, Inc. v. Time
Warner Cable Inc., et al.; MB Docket
No. 08–214
erowe on PROD1PC63 with NOTICES
AGENCY: Federal Communications
Commission.
ACTION: Notice.
SUMMARY: This document rescinds three
previous Media Bureau Orders
regarding six program carriage
complaints, reinstates the presiding
Administrative Law Judge’s delegated
authority over these complaints, and
directs the presiding Administrative
Law Judge to issue a Further Revised
Procedural and Hearing Order and to
proceed expeditiously to issue
VerDate Nov<24>2008
14:17 Feb 09, 2009
Jkt 217001
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
6625
214 (rel. Jan. 16, 2009) (‘‘January 16th
Order’’).
2. On our own motion, we conclude
that the factual determinations required
to fairly adjudicate these matters are
best resolved through hearings before an
Administrative Law Judge, rather than
solely through pleadings and exhibits as
contemplated by the Media Bureau.
Accordingly, we rescind in full the
December 24th Order, the December
31st Order and the January 16th Order.
As discussed above, we believe that
these proceedings are best resolved by
hearings before an Administrative Law
Judge. Therefore, notwithstanding the
Media Bureau’s previous determination
that the presiding Administrative Law
Judge’s delegated authority over these
matters has expired, we hereby reinstate
the presiding Administrative Law
Judge’s delegated authority and direct
him to proceed pursuant to the HDO.
We instruct the presiding
Administrative Law Judge to issue a
Further Revised Procedural and Hearing
Order that updates the schedule
announced in the December 15th ALJ
Order to account for any delays caused
by the Bureau’s recent actions. Herring
Broadcasting, Inc. v. Time Warner Cable
Inc. et al., Order, MB Docket No. 08–
214, FCC 08M–50 (rel. Dec. 2, 2008);
Herring Broadcasting, Inc. v. Time
Warner Cable Inc. et al., Revised
Procedural and Hearing Order, MB
Docket No. 08–214, FCC 08M–53 (rel.
Dec. 15, 2008) (‘‘December 15th ALJ
Order’’). Further, as instructed in the
HDO, the presiding Administrative Law
Judge shall issue recommended
decisions and remedies, if any, to the
Commission as expeditiously as
possible, consistent with the mandates
of fairness and due process. In light of
our decision, the Emergency
Application for Review and Emergency
Motion for Stay, and related pleadings,
regarding the December 24th Order and
the December 31st Order are dismissed
as moot. See Comcast Corporation,
Emergency Application for Review, MB
Docket No. 08–214 (Dec. 30, 2008);
Comcast Corporation, Emergency
Motion for Stay, MB Docket No. 08–214
(Dec. 30, 2008); Joinder of Time Warner
Cable et al., MB Docket No. 08–214
(Dec. 31, 2008); Comcast Corporation,
Supplement to Emergency Application
for Review, MB Docket No. 08–214 (Jan.
2, 2009); Comcast Corporation,
Supplement to Emergency Motion for
Stay, MB Docket No. 08–214 (Jan. 2,
2009).
3. Accordingly, It is ordered, pursuant
to Section 1.117 of the Commission’s
rules, 47 CFR 1.117, that the December
24th Order, the December 31st Order
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6624-6625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2804]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
February 4, 2009.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection, as required by the Paperwork
Reduction Act (PRA) 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. Pursuant to the PRA, no person shall be
subject to any penalty for failing to comply with a collection of
information 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 PRA comments should be submitted on or before April 13,
2009. 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: Interested parties may submit all PRA comments by e-mail or
U.S. 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.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, send an e-mail to PRA@fcc.gov or contact Cathy
Williams at 202-418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0568.
Title: Sections 76.970, 76.971 and 76.975, Commercial Leased Access
Rates, Terms and Conditions.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Businesses or other for-profit; State, Local or Tribal
Government.
Number of Respondents and Responses: 4,030 respondents; 11,940
responses.
Estimated Time per Response: 2 minutes-10 hours.
Frequency of Response: Recordkeeping requirement; Third party
disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Sections 154(i) and 612 of the Communications Act of 1934, as amended.
Total Annual Burden: 59,671 hours.
Total Annual Cost: $74,000.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: 47 CFR 76.970(h) requires cable operators to
provide the following information within 15 calendar days of a request
regarding leased access (for systems subject to small system relief,
cable operators are required to provide the following information
within 30 days of a request regarding leased access):
(a) A complete schedule of the operator's full-time and part-time
leased access rates;
(b) How much of the cable operator's leased access set-aside
capacity is available;
(c) Rates associated with technical and studio costs;
(d) If specifically requested, a sample leased access contract; and
(e) Operators must maintain supporting documentation to justify
scheduled rates in their files.
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) requires that 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 for relief with the
Commission.
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.
OMB Control Number: 3060-0716.
Title: Sections 73.88, 73.318, 73.685 and 73.1630, Blanketing
Interference.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents and Responses: 21,000 respondents/21,000
responses.
Estimated Time per Response: 1 to 2 hours.
Frequency of Response: Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Section 154(i) of the Communications Act of 1934, as amended.
Total Annual Burden: 41,000 hours.
Total Annual Costs: None.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: 47 CFR 73.88(AM) states that the licensee of each
broadcast station is required to satisfy all reasonable complaints of
blanketing interference within the 1 V/m contour.
47 CFR 73.318(b)(FM) states that after January 1, 1985, permittees
or licensees who either (1) commence program tests, (2) replace the
antennas, or (3) request facilities modifications and are issued a new
construction permit must satisfy all complaints of blanketing
interference which are received by the station during a one year
period.
47 CFR 73.318(c)(FM) states that a permittee collocating with one
or more
[[Page 6625]]
existing stations and beginning program tests on or after January 1,
1985, must assume full financial responsibility for remedying new
complaints of blanketing interference for a period of one year.
Under 47 CFR 73.88(AM), 73.318(FM), and 73.685(d)(TV), the license
is financially responsible for resolving complaints of interference
within one year of program test authority when certain conditions are
met. After the first year, a license is only required to provide
technical assistance to determine the cause of interference.
The FCC has an outstanding Notice of Proposed Rulemaking (NPRM) in
MM Docket No. 96-62, In the Matter of Amendment of Part 73 of the
Commission's Rules to More Effectively Resolve Broadcast Blanketing
Interference, Including Interference to Consumer Electronics and Other
Communications Devices. The NPRM has proposed to provide detailed
clarification of the AM, FM, and TV licensee's responsibilities in
resolving/eliminating blanketing interference caused by their
individual stations. The NPRM has also proposed to consolidate all
blanketing interference rules under a new section 47 CFR 73.1630,
``Blanketing Interference.'' This new rule has been designed to
facilitate the resolution of broadcast interference problems and set
forth all responsibilities of the licensee/permittee of a broadcast
station. To date, final rules have not been adopted.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-2804 Filed 2-9-09; 8:45 am]
BILLING CODE 6712-01-P
