Notice of Public Information Collection Being Submitted to the Office of Management and Budget for Review and Approval, Comments Requested, 66649-66651 [E9-29861]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices
Total Annual Cost: None.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: 47 CFR 73.1620(a)(1)
requires permittees of a nondirectional
AM or FM station, or a nondirectional
or directional TV station to notify the
FCC upon beginning of program tests.
An application for license must be filed
within 10 days of this notification.
47 CFR 73.1620(a)(2) requires a
permittee of an AM or FM station with
a directional antenna to file a request for
program test authority 10 days prior to
date on which it desires to begin
program tests. This is filed in
conjunction with an application for
license.
47 CFR 73.1620(a)(3) requires a
licensee of an FM station replacing a
directional antenna without changes to
file a modification of the license
application within 10 days after
commencing operations with the
replacement antenna.
47 CFR 73.1620(a)(4) requires a
permittee of an AM station with a
directional antenna to file a request for
program test authority 10 days prior to
the date on which it desires to begin
program test.
47 CFR 73.1620(a)(5) requires that,
except for permits subject to successive
license terms, a permittee of an LPFM
station may begin program tests upon
notification to the FCC in Washington,
DC provided that within 10 days
thereafter an application for license is
filed. Program tests may be conducted
by a licensee subject to mandatory
license terms only during the term
specified on such license authorization.
Section 73.1620(a) also requires
licensees to notify the Commission that
construction of a station has been
completed and that the station is
broadcasting program material.
47 CFR 73.1620(b) allows the FCC to
right to revoke, suspend, or modify
program tests by any station without
right of hearing for failure to comply
adequately with all terms of the
construction permit or the provision of
47 CFR 73.1690(c) for a modification of
license application, or in order to
resolve instances of interference. The
FCC may also require the filing of a
construction permit application to bring
the station into compliance with the
Commission’s rules and policies.
47 CFR 73.1620(f) requires licensees
of UHF TV stations, assigned to the
same allocated channel which a 1000
watt UHF translator station is
authorized to use, to notify the licensee
of the translator station at least 10 days
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prior to commencing or resuming
operation and certify to the FCC that
such advance notice has been given.
This notification alerts the UHF
translator station that the potential of
interference exists
47 CFR 73.1620(g) requires permittees
to report any deviations from their
promises, if any, in their application for
license to cover their construction
permit (FCC Form 302) and on the first
anniversary of their commencement of
program tests. This report is necessary
to eliminate possible abuses of the
FCC’s processes and to ensure that
comparative promises relating to service
to the public are not inflated.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. E9–29860 Filed 12–15–09; 8:45 am]
BILLING CODE: 6712–01–S
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information Collection
Being Submitted to the Office of
Management and Budget for Review
and Approval, Comments Requested
12/11/2009.
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, 44 U.S.C. 3501–3520. 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, 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.
PO 00000
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66649
DATES: Persons wishing to comment on
this information collection should
submit comments by January 15, 2010.
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 PRA comments to
Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax
at (202) 395–5167, or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Cathy Williams, Federal
Communications Commission (FCC),
445 12th Street, SW, Washington, DC
20554. To submit your comments by e–
mail send then to: PRA@fcc.gov and to
Cathy.Williams@fcc.gov. To view a copy
of this information collection request
(ICR) submitted to OMB: (1) Go to web
page: https://www.reginfo.gov/public/
do/PRAMain, (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, and (6) when the FCC list
appears, look for the title of this ICR (or
its OMB Control Number, if there is one)
and then click on the ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection send an e–mail to
PRA@fcc.gov or contact Cathy Williams
on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0692.
Type of Review: Extension of a
currently approved collection.
Title: Sections 76.613 and 76.802,
Home Wiring Provisions.
Form Number: Not Applicable.
Respondents: Individuals or
households; Business or other for–profit
entities.
Number of Respondents and
Responses: 22,000 respondents; 253,010
responses.
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. The
Commission has authority for this
information collection under Sections 1,
4, 224, 251, 303, 601, 623, 624 and 632
of the Communications Act of 1934, as
amended.
E:\FR\FM\16DEN1.SGM
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srobinson on DSKHWCL6B1PROD with NOTICES
66650
Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices
Total Annual Burden: 36,114 hours.
Total Annual Cost: None.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: 47 CFR 76.613(d)
requires that when Multichannel Video
Programming Distributors (MVPDs)
cause harmful signal interference
MVPDs will 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(b) states during the
initial telephone call in which a
subscriber contacts a cable operator to
voluntarily terminate cable service, the
cable operator–if it owns and intends to
remove the home wiring–must inform
the subscriber: (1) That the cable
operator owns the home wiring; (2) That
the cable operator intends to remove the
home wiring; (3) That the subscriber has
the right to purchase the home wiring;
and (4) What the per–foot replacement
cost and total charge for the wiring
would be (the total charge may be based
on either the actual length of cable
wiring and the actual number of passive
splitters on the customer’s side of the
demarcation point, or a reasonable
approximation thereof; in either event,
the information necessary for
calculating the total charge must be
available for use during the initial
phone call).
47 CFR 76.804 (a)(1) states where an
MVPD owns the home run wiring in an
Multiple Dwelling Unit Building (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
MDU owner, the MDU owner may give
the MVPD a minimum of 90 days’
written notice that its access to the
entire building will be terminated to
invoke the procedures in this section.
The MVPD will then have 30 days to
notify the MDU owner in writing of its
election for all the home run wiring
inside the MDU building: to remove the
wiring and restore the MDU building
consistent with state law within 30 days
of the end of the 90–day notice period
or within 30 days of actual service
termination, whichever occurs first; to
abandon and not disable the wiring at
the end of the 90–day notice period; or
to sell the wiring to the MDU building
owner. If the incumbent provider elects
to remove or abandon the wiring, and it
intends to terminate service before the
end of the 90–day notice period, the
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Jkt 220001
incumbent provider shall notify the
MDU owner at the time of this election
of the date on which it intends to
terminate service. If the incumbent
provider elects to remove its wiring and
restore the building consistent with
state law, it must do so within 30 days
of the end of the 90–day notice period
or within 30 days of actual service
termination, which ever occurs first. For
purposes of abandonment, passive
devices, including splitters, shall be
considered part of the home run wiring.
The incumbent provider that has elected
to abandon its home run wiring may
remove its amplifiers or other active
devices used in the wiring if an
equivalent replacement can easily be
reattached. In addition, an incumbent
provider removing any active elements
shall comply with the notice
requirements and other rules regarding
the removal of home run wiring. If the
MDU owner declines to purchase the
home run wiring, the MDU owner may
permit an alternative provider that has
been authorized to provide service to
the MDU to negotiate to purchase the
wiring.
47 CFR 76.804 (a)(2) states if the
incumbent provider elects to sell the
home run wiring under paragraph (a)(1)
of this section, the incumbent and the
MDU owner or alternative provider
shall have 30 days from the date of
election to negotiate a price. If the
parties are unable to agree on a price
within that 30–day time period, the
incumbent must elect: to abandon
without disabling the wiring; to remove
the wiring and restore the MDU
consistent with state law; or to submit
the price determination to binding
arbitration by an independent expert. If
the incumbent provider chooses to
abandon or remove its wiring, it must
notify the MDU owner at the time of this
election if and when it intends to
terminate service before the end of the
90–day notice period. If the incumbent
service provider elects to abandon its
wiring at this point, the abandonment
shall become effective at the end of the
90–day notice period or upon service
termination, whichever occurs first. If
the incumbent elects at this point to
remove its wiring and restore the
building consistent with state law, it
must do so within 30 days of the end
of the 90–day notice period or within 30
days of actual service termination,
which ever occurs first.
47 CFR 76.804 (a) (3) states if the
incumbent elects to submit to binding
arbitration, the parties shall have seven
days to agree on an independent expert
or to each designate an expert who will
pick a third expert within an additional
seven days. The independent expert
PO 00000
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chosen will be required to assess a
reasonable price for the home run
wiring by the end of the 90–day notice
period. If the incumbent elects to submit
the matter to binding arbitration and the
MDU owner (or the alternative provider)
refuses to participate, the incumbent
shall have no further obligations under
the Commission’s home run wiring
disposition procedures. If the
incumbent fails to comply with any of
the deadlines established herein, it shall
be deemed to have elected to abandon
its home run wiring at the end of the
90–day notice period.
47 CFR 76.804 (a) (4) states the MDU
owner shall be permitted to exercise the
rights of individual subscribers under
this subsection for purposes of the
disposition of the cable home wiring
under §76.802. When an MDU owner
notifies an incumbent provider under
this section that the incumbent
provider’s access to the entire building
will be terminated and that the MDU
owner seeks to use the home run wiring
for another service, the incumbent
provider shall, in accordance with our
current home wiring rules: offer to sell
to the MDU owner any home wiring
within the individual dwelling units
that the incumbent provider owns and
intends to remove; and provide the
MDU owner with the total per–foot
replacement cost of such home wiring.
This information must be provided to
the MDU owner within 30 days of the
initial notice that the incumbent’s
access to the building will be
terminated. If the MDU owner declines
to purchase the cable home wiring, the
MDU owner may allow the alternative
provider to purchase the home wiring
upon service termination under the
terms and conditions of §76.802. If the
MDU owner or the alternative provider
elects to purchase the home wiring
under these rules, it must so notify the
incumbent MVPD provider not later
than 30 days before the incumbent’s
termination of access to the building
will become effective. If the MDU owner
and the alternative provider fail to elect
to purchase the home wiring, the
incumbent provider must then remove
the cable home wiring, under normal
operating conditions, within 30 days of
actual service termination, or make no
subsequent attempt to remove it or to
restrict its use.
In the Telecommunications Act of
1996, Congress directed that every
broadcaster be given a second channel
for digital operations. At the end of the
transition, broadcasters’ analog channels
will be returned to the government.
Congress set a target date of December
31, 2006 for the end of the transition,
although that date can be extended if
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Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Notices
85% of viewers in a particular market
do not have access to the digital signals.
In addition, at the end of the transition
the broadcast spectrum will contract
from channels 2–69 to channels 2–51.
This 108 MHz of spectrum (channels
52–69) can then be used by advanced
wireless services and public safety
authorities. There are several key
building blocks to a successful
transition. First, content – consumers
must perceive something significantly
different than what they have in analog.
Second, distribution – the content must
be delivered to consumers in a simple
and convenient way. Third, equipment
– equipment must be capable, affordable
and consumer–friendly. And fourth,
education – consumers must be
educated about what digital television
is, and what it can do for them. These
information requests are designed to
gather data in these key areas.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. E9-29861 Filed 12–15–09; 8:45 am]
BILLING CODE: 6712–01–S
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information Collection
Being Submitted to the Office of
Management and Budget (OMB) For
Review, Comments Requested
srobinson on DSKHWCL6B1PROD with NOTICES
December 10, 2009.
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, 44 U.S.C. 3501–3520. 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, and clarity of the
information collected; and (d) ways to
VerDate Nov<24>2008
16:18 Dec 15, 2009
Jkt 220001
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: Persons wishing to comments on
this information collection should
submit comments on or before January
15, 2010. 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 PRA comments to
Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax
at (202) 395–5167, or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Judith B. Herman, Federal
Communications Commission (FCC). To
submit your PRA comments by e–mail
send them to: PRA@fcc.gov. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to web page: https://www.reginfo.gov/
public/do/PRAMain, (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, and (6)
when the FCC list appears, look for the
title of this ICR (or its OMB Control
Number, if there is one) and then click
on the ICR.
FOR FURTHER INFORMATION CONTACT:
Judith B. Herman, OMD, 202–418–0214.
For additional information about the
information collection(s) send an e–mail
to PRA@fcc.gov or contact Judith B.
Herman, 202–418–0214.
SUPPLEMENTARY INFORMATION:
OMB Control No: 3060–1127.
Title: First Responder Emergency
Contact Information in the Universal
Licensing System (ULS).
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other for–
profit, not–for–profit institutions, and
state, local or tribal government.
Number of Respondents: 133,095
respondents; 133,095 responses.
Estimated Time Per Response: .25
hours (15 minutes).
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Voluntary.
Statutory authority for this collection of
information is contained in 47 U.S.C.
Section 154(i).
PO 00000
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66651
Total Annual Burden: 36,601 hours.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
To protect the identities and locations of
key first responder communications
personnel, the Commission will treat
emergency contact information
submitted into the Universal Licensing
System (ULS) as confidential and will
not make such information publicly
available. The contact information
submitted into ULS by public safety
licensees and non–public safety
licensees designated as emergency first
responders will be available only to
Commission staff. Interested licensees
should file their operational point of
contact information in ULS in the form
of a confidential pleading.
The Public Safety Homeland Security
Bureau of the FCC will issue a Public
Notice with step–by–step instructions
on how to use the enhanced features
made available to licensees to provide
this information.
Need and Uses: The Commission is
submitting this information collection
as an extension to the Office of
Management and Budget (OMB) in order
to obtain the full three year clearance
from them. There is no change in the
reporting requirement(s); and there is no
change in the Commission’s burden
estimates.
Public safety licensees and non–
public safety licensees designated as
emergency first responders operating
pursuant to Part 90 of the Commission’s
rules should identify the following
information regarding the operational
point of contact for the licensees
directly responsible for coordinating
with the state, county and/or local
emergency authorities: a) name and
title; b) office telephone number; c)
mobile telephone number; and d) e–
mail address.
The Public Safety Homeland Security
Bureau of the FCC will issue a Public
Notice with step–by–step instructions
on how to use the enhanced features
made available to licensees to provide
this information.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. E9–29833 Filed 12–15–09; 8:45 am]
BILLING CODE: 6712–01–S
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66649-66651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29861]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection Being Submitted to the
Office of Management and Budget for Review and Approval, Comments
Requested
12/11/2009.
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, 44 U.S.C. 3501-3520. 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, 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: Persons wishing to comment on this information collection should
submit comments by January 15, 2010. 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 PRA comments to Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax at (202) 395-5167, or via the
Internet at Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams,
Federal Communications Commission (FCC), 445 12th Street, SW,
Washington, DC 20554. To submit your comments by e-mail send then to:
PRA@fcc.gov and to Cathy.Williams@fcc.gov. To view a copy of this
information collection request (ICR) submitted to OMB: (1) Go to web
page: https://www.reginfo.gov/public/do/PRAMain, (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, and (6) when the FCC list appears, look for the
title of this ICR (or its OMB Control Number, if there is one) and then
click on the ICR.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection send an e-mail to PRA@fcc.gov or contact Cathy
Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0692.
Type of Review: Extension of a currently approved collection.
Title: Sections 76.613 and 76.802, Home Wiring Provisions.
Form Number: Not Applicable.
Respondents: Individuals or households; Business or other for-
profit entities.
Number of Respondents and Responses: 22,000 respondents; 253,010
responses.
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. The
Commission has authority for this information collection under Sections
1, 4, 224, 251, 303, 601, 623, 624 and 632 of the Communications Act of
1934, as amended.
[[Page 66650]]
Total Annual Burden: 36,114 hours.
Total Annual Cost: None.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: 47 CFR 76.613(d) requires that when Multichannel
Video Programming Distributors (MVPDs) cause harmful signal
interference MVPDs will 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(b) states during the initial telephone call in which
a subscriber contacts a cable operator to voluntarily terminate cable
service, the cable operator-if it owns and intends to remove the home
wiring-must inform the subscriber: (1) That the cable operator owns the
home wiring; (2) That the cable operator intends to remove the home
wiring; (3) That the subscriber has the right to purchase the home
wiring; and (4) What the per-foot replacement cost and total charge for
the wiring would be (the total charge may be based on either the actual
length of cable wiring and the actual number of passive splitters on
the customer's side of the demarcation point, or a reasonable
approximation thereof; in either event, the information necessary for
calculating the total charge must be available for use during the
initial phone call).
47 CFR 76.804 (a)(1) states where an MVPD owns the home run wiring
in an Multiple Dwelling Unit Building (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 MDU owner,
the MDU owner may give the MVPD a minimum of 90 days' written notice
that its access to the entire building will be terminated to invoke the
procedures in this section. The MVPD will then have 30 days to notify
the MDU owner in writing of its election for all the home run wiring
inside the MDU building: to remove the wiring and restore the MDU
building consistent with state law within 30 days of the end of the 90-
day notice period or within 30 days of actual service termination,
whichever occurs first; to abandon and not disable the wiring at the
end of the 90-day notice period; or to sell the wiring to the MDU
building owner. If the incumbent provider elects to remove or abandon
the wiring, and it intends to terminate service before the end of the
90-day notice period, the incumbent provider shall notify the MDU owner
at the time of this election of the date on which it intends to
terminate service. If the incumbent provider elects to remove its
wiring and restore the building consistent with state law, it must do
so within 30 days of the end of the 90-day notice period or within 30
days of actual service termination, which ever occurs first. For
purposes of abandonment, passive devices, including splitters, shall be
considered part of the home run wiring. The incumbent provider that has
elected to abandon its home run wiring may remove its amplifiers or
other active devices used in the wiring if an equivalent replacement
can easily be reattached. In addition, an incumbent provider removing
any active elements shall comply with the notice requirements and other
rules regarding the removal of home run wiring. If the MDU owner
declines to purchase the home run wiring, the MDU owner may permit an
alternative provider that has been authorized to provide service to the
MDU to negotiate to purchase the wiring.
47 CFR 76.804 (a)(2) states if the incumbent provider elects to
sell the home run wiring under paragraph (a)(1) of this section, the
incumbent and the MDU owner or alternative provider shall have 30 days
from the date of election to negotiate a price. If the parties are
unable to agree on a price within that 30-day time period, the
incumbent must elect: to abandon without disabling the wiring; to
remove the wiring and restore the MDU consistent with state law; or to
submit the price determination to binding arbitration by an independent
expert. If the incumbent provider chooses to abandon or remove its
wiring, it must notify the MDU owner at the time of this election if
and when it intends to terminate service before the end of the 90-day
notice period. If the incumbent service provider elects to abandon its
wiring at this point, the abandonment shall become effective at the end
of the 90-day notice period or upon service termination, whichever
occurs first. If the incumbent elects at this point to remove its
wiring and restore the building consistent with state law, it must do
so within 30 days of the end of the 90-day notice period or within 30
days of actual service termination, which ever occurs first.
47 CFR 76.804 (a) (3) states if the incumbent elects to submit to
binding arbitration, the parties shall have seven days to agree on an
independent expert or to each designate an expert who will pick a third
expert within an additional seven days. The independent expert chosen
will be required to assess a reasonable price for the home run wiring
by the end of the 90-day notice period. If the incumbent elects to
submit the matter to binding arbitration and the MDU owner (or the
alternative provider) refuses to participate, the incumbent shall have
no further obligations under the Commission's home run wiring
disposition procedures. If the incumbent fails to comply with any of
the deadlines established herein, it shall be deemed to have elected to
abandon its home run wiring at the end of the 90-day notice period.
47 CFR 76.804 (a) (4) states the MDU owner shall be permitted to
exercise the rights of individual subscribers under this subsection for
purposes of the disposition of the cable home wiring under Sec. 76.802.
When an MDU owner notifies an incumbent provider under this section
that the incumbent provider's access to the entire building will be
terminated and that the MDU owner seeks to use the home run wiring for
another service, the incumbent provider shall, in accordance with our
current home wiring rules: offer to sell to the MDU owner any home
wiring within the individual dwelling units that the incumbent provider
owns and intends to remove; and provide the MDU owner with the total
per-foot replacement cost of such home wiring. This information must be
provided to the MDU owner within 30 days of the initial notice that the
incumbent's access to the building will be terminated. If the MDU owner
declines to purchase the cable home wiring, the MDU owner may allow the
alternative provider to purchase the home wiring upon service
termination under the terms and conditions of Sec. 76.802. If the MDU
owner or the alternative provider elects to purchase the home wiring
under these rules, it must so notify the incumbent MVPD provider not
later than 30 days before the incumbent's termination of access to the
building will become effective. If the MDU owner and the alternative
provider fail to elect to purchase the home wiring, the incumbent
provider must then remove the cable home wiring, under normal operating
conditions, within 30 days of actual service termination, or make no
subsequent attempt to remove it or to restrict its use.
In the Telecommunications Act of 1996, Congress directed that
every broadcaster be given a second channel for digital operations. At
the end of the transition, broadcasters' analog channels will be
returned to the government. Congress set a target date of December 31,
2006 for the end of the transition, although that date can be extended
if
[[Page 66651]]
85% of viewers in a particular market do not have access to the digital
signals. In addition, at the end of the transition the broadcast
spectrum will contract from channels 2-69 to channels 2-51. This 108
MHz of spectrum (channels 52-69) can then be used by advanced wireless
services and public safety authorities. There are several key building
blocks to a successful transition. First, content - consumers must
perceive something significantly different than what they have in
analog. Second, distribution - the content must be delivered to
consumers in a simple and convenient way. Third, equipment - equipment
must be capable, affordable and consumer-friendly. And fourth,
education - consumers must be educated about what digital television
is, and what it can do for them. These information requests are
designed to gather data in these key areas.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. E9-29861 Filed 12-15-09; 8:45 am]
BILLING CODE: 6712-01-S
