Notice of Public Information Collections Being Reviewed by the Federal Communications Commission, Comments Requested, 10263-10267 [2010-4670]
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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices
asked to submit confidential financial
information which shall fully disclose,
among other financial interests, the
candidate’s employment, stocks and
bonds, and where applicable, sources of
research support. The information
provided is confidential and will not be
disclosed to the public. Before a
candidate is considered further for
service on the HSRB, EPA will evaluate
each candidate to assess whether there
is any conflict of financial interest,
appearance of a lack of impartiality, or
prior involvement with matters likely to
be reviewed by the Board.
Nominations should be submitted by
one of the methods listed under
ADDRESSES. The Agency will consider
all nominations received on or before
March 22, 2010. Final selection of
members is a discretionary function of
the Agency and will be announced on
the EPA Web site at https://
www.epa.gov/osa/hsrb as soon as they
are made.
Dated: March 2, 2010.
Paul T. Anastas,
Science Advisor.
[FR Doc. 2010–4703 Filed 3–4–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collections Being Reviewed by the
Federal Communications Commission,
Comments Requested
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02/26/2010.
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 collections, 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; (d) ways to
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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 (e) ways to
further reduce the information burden
for small business concerns with fewer
than 25 employees.
The FCC 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.
DATES: Persons wishing to comment on
this information collection(s) should
submit comments by May 4, 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 e–mail to
Nicholas_A._Fraser@omb.eop.gov and
to Cathy Williams, Federal
Communications Commission (FCC), via
e–mail to Cathy.Williams@fcc.gov and
to PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collections send an e–mail
to PRA@fcc.gov or contact Cathy
Williams on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0888.
Title: Section 76.7, Petition
Procedures; Section 76.9,
Confidentiality of Proprietary
Information; Section 76.61, Dispute
Concerning Carriage; Section 76.914,
Revocation of Certification; Section
76.1001, Unfair Practices; Section
76.1003, Program Access Proceedings;
Section 76.1302, Carriage Agreement
Proceedings; Section 76.1513, Open
Video Dispute Resolution.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Businesses or other for–
profit.
Number of Respondents and
Responses: 640 respondents; 640
responses.
Estimated Time per Response: 4.1 to
61.4 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 information is
contained in Sections 4(i), 303(r) and
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10263
628 of the Communications Act of 1934,
as amended.
Total Annual Burden: 20,960 hours
Total Annual Cost: $393,600.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
A party that wishes to have
confidentiality for proprietary
information with respect to a
submission it is making to the
Commission must file a petition
pursuant to the pleading requirements
in Section 76.7 and use the method
described in Sections 0.459 and 76.9 to
demonstrate that confidentiality is
warranted.
On January 20, 2010, the Commission
adopted a First Report and Order In the
Matter of Review of the Commission’s
Program Access Rules and Examination
of Programming Tying Arrangements,
MB Docket No. 07–198, FCC 10–17. In
the First Report and Order, the
Commission establishes rules, policies,
and procedures for the consideration of
complaints alleging unfair acts
involving terrestrially delivered, cable–
affiliated programming in violation of
Section 628(b) of the Communications
Act. The Commission also establishes
procedures for the consideration of
requests for a temporary standstill of the
price, terms, and other conditions of an
existing programming contract by a
program access complainant seeking
renewal of such a contract.
The following rule sections contain
revised information collection
requirements that the Commission is
seeking approval for from the Office of
Management and Budget (OMB):
47 CFR Section 76.1001(b)(2) permits
any multichannel video programming
distributor to commence an
adjudicatory proceeding by filing a
complaint with the Commission alleging
that a cable operator, a satellite cable
programming vendor in which a cable
operator has an attributable interest, or
a satellite broadcast programming
vendor, has engaged in an unfair act
involving terrestrially delivered, cable–
affiliated programming (which, as
defined in this R&O, includes exclusive
contracts, discrimination, and undue or
improper influence), which must be
filed and responded to in accordance
with the procedures specified in Section
76.7, except to the extent such
procedures are modified by Sections
76.1001(b)(2) and 76.1003. In program
access cases involving terrestrially
delivered, cable–affiliated programming,
the defendant has 45 days from the date
of service of the complaint to file an
answer, unless otherwise directed by
the Commission. A complainant shall
have the burden of proof that the
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defendant’s alleged conduct has the
purpose or effect of hindering
significantly or preventing the
complainant from providing satellite
cable programming or satellite broadcast
programming to subscribers or
consumers; an answer to such a
complaint shall set forth the defendant’s
reasons to support a finding that the
complainant has not carried this
burden. In addition, a complainant
alleging that a terrestrial cable
programming vendor has engaged in
discrimination shall have the burden of
proof that the terrestrial cable
programming vendor is wholly owned
by, controlled by, or under common
control with a cable operator or cable
operators, satellite cable programming
vendor or vendors in which a cable
operator has an attributable interest, or
satellite broadcast programming vendor
or vendors; an answer to such a
complaint shall set forth the defendant’s
reasons to support a finding that the
complainant has not carried this
burden. In addition, the R&O provides
that a complainant that wants a
currently pending complaint involving
terrestrially delivered, cable–affiliated
programming considered under the
rules adopted in the R&O must submit
a supplemental filing alleging that the
defendant has engaged in an unfair act
after the effective date of the rules. In
such case, the complaint and
supplement will be considered pursuant
to the rules adopted in the R&O and the
defendant will have an opportunity to
answer the supplemental filing, as set
forth in the rules.
47 CFR Section 76.1003(c)(3) requires
a program access complaint to contain
evidence that the complainant competes
with the defendant cable operator, or
with a multichannel video programming
distributor that is a customer of the
defendant satellite cable programming
or satellite broadcast programming
vendor or a terrestrial cable
programming vendor alleged to have
engaged in conduct described in Section
76.1001(b)(1).
47 CFR Section 76.1003(l) permits a
program access complainant seeking
renewal of an existing programming
contract to file a petition along with its
complaint requesting a temporary
standstill of the price, terms, and other
conditions of the existing programming
contract pending resolution of the
complaint, to which the defendant will
have the opportunity to respond within
10 days of service of the petition, unless
otherwise directed by the Commission.
The following rule sections are also
covered in this information collection
but do not require additional OMB
approval since the requirements have
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not changed since last approved by
OMB:
47 CFR Section 76.7. Pleadings
seeking to initiate FCC action must
adhere to the requirements of Section
76.6 (general pleading requirements)
and Section 76.7 (initiating pleading
requirements). Section 76.7 is used for
numerous types of petitions and special
relief petitions, including general
petitions seeking special relief, waivers,
enforcement, show cause, forfeiture and
declaratory ruling procedures.
47 CFR Section 76.9. A party that
wishes to have confidentiality for
proprietary information with respect to
a submission it is making to the FCC
must file a petition pursuant to the
pleading requirements in Section 76.7
and use the method described in
Sections 0.459 and 76.9 to demonstrate
that confidentiality is warranted. The
petitions filed pursuant to this provision
are contained in the existing
information collection requirement and
are not changed by the rule changes.
47 CFR Section 76.61(a) permits a
local commercial television station or
qualified low power television station
that is denied carriage or channel
positioning or repositioning in
accordance with the must–carry rules by
a cable operator to file a complaint with
the FCC in accordance with the
procedures set forth in Section 76.7.
Section 76.61(b) permits a qualified
local noncommercial educational
television station that believes a cable
operator has failed to comply with the
FCC’s signal carriage or channel
positioning requirements (Sections
76.56 through 76.57) to file a complaint
with the FCC in accordance with the
procedures set forth in Section 76.7.
47 CFR Section 76.61(a)(1) states that
whenever a local commercial television
station or a qualified low power
television station believes that a cable
operator has failed to meet its carriage
or channel positioning obligations,
pursuant to Section 76.56, such station
shall notify the operator, in writing, of
the alleged failure and identify its
reasons for believing that the cable
operator is obligated to carry the signal
of such station or position such signal
on a particular channel.
47 CFR Section 76.61(a)(2) states that
the cable operator shall, within 30 days
of receipt of such written notification,
respond in writing to such notification
and either commence to carry the signal
of such station in accordance with the
terms requested or state its reasons for
believing that it is not obligated to carry
such signal or is in compliance with the
channel positioning and repositioning
and other requirements of the must–
carry rules. If a refusal for carriage is
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based on the station’s distance from the
cable system’s principal headend, the
operator’s response shall include the
location of such headend. If a cable
operator denies carriage on the basis of
the failure of the station to deliver a
good quality signal at the cable system’s
principal headend, the cable operator
must provide a list of equipment used
to make the measurements, the point of
measurement and a list and detailed
description of the reception and over–
the–air signal processing equipment
used, including sketches such as block
diagrams and a description of the
methodology used for processing the
signal at issue, in its response.
47 CFR Section 76.914(c) permits a
cable operator seeking revocation of a
franchising authority’s certification to
file a petition with the FCC in
accordance with the procedures set
forth in Section 76.7.
47 CFR Section 76.1003(a) permits
any multichannel video programming
distributor (MVPD) aggrieved by
conduct that it believes constitute a
violation of the FCC’s competitive
access to cable programming rules to
commence an adjudicatory proceeding
at the FCC to obtain enforcement of the
rules through the filing of a complaint,
which must be filed and responded to
in accordance with the procedures
specified in Section 76.7, except to the
extent such procedures are modified by
Section 76.1003.
47 CFR Section 76.1003(b) requires
any aggrieved MVPD intending to file a
complaint under this section to first
notify the potential defendant cable
operator, and/or the potential defendant
satellite cable programming vendor or
satellite broadcast programming vendor,
that it intends to file a complaint with
the Commission based on actions
alleged to violate one or more of the
provisions contained in Sections
76.1001 or 76.1002 of this part. The
notice must be sufficiently detailed so
that its recipient(s) can determine the
nature of the potential complaint. The
potential complainant must allow a
minimum of ten (10) days for the
potential defendant(s) to respond before
filing a complaint with the Commission.
47 CFR Section 76.1003(c) describes
the required contents of a program
access complaint, in addition to the
requirements of Section 76.7 of this
part.
47 CFR Section 76.1003(d) states that,
in a case where recovery of damages is
sought, the complaint shall contain a
clear and unequivocal request for
damages and appropriate allegations in
support of such claim.
47 CFR Section 76.1003(e)(1) requires
cable operators, satellite cable
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programming vendors, or satellite
broadcast programming vendors whom
expressly reference and rely upon a
document in asserting a defense to a
program access complaint filed or in
responding to a material allegation in a
program access complaint filed
pursuant to Section 76.1003, to include
such document or documents, such as
contracts for carriage of programming
referenced and relied on, as part of the
answer. Except as otherwise provided or
directed by the Commission, any cable
operator, satellite cable programming
vendor or satellite broadcast
programming vendor upon which a
program access complaint is served
under this section shall answer within
twenty (20) days of service of the
complaint.
47 CFR Section 76.1003(e)(2) requires
an answer to an exclusivity complaint to
provide the defendant’s reasons for
refusing to sell the subject programming
to the complainant. In addition, the
defendant may submit its programming
contracts covering the area specified in
the complaint with its answer to refute
allegations concerning the existence of
an impermissible exclusive contract. If
there are no contracts governing the
specified area, the defendant shall so
certify in its answer. Any contracts
submitted pursuant to this provision
may be protected as proprietary
pursuant to Section 76.9 of this part.
47 CFR Section 76.1003(e)(3) requires
an answer to a discrimination complaint
to state the reasons for any differential
in prices, terms or conditions between
the complainant and its competitor, and
to specify the particular justification set
forth in Section 76.1002(b) of this part
relied upon in support of the
differential.
47 CFR Section 76.1003(e)(4) requires
an answer to a complaint alleging an
unreasonable refusal to sell
programming to state the defendant’s
reasons for refusing to sell to the
complainant, or for refusing to sell to
the complainant on the same terms and
conditions as complainant’s competitor,
and to specify why the defendant’s
actions are not discriminatory.
47 CFR Section 76.1003(f) provides
that, within fifteen (15) days after
service of an answer, unless otherwise
directed by the Commission, the
complainant may file and serve a reply
which shall be responsive to matters
contained in the answer and shall not
contain new matters.
47 CFR Section 76.1003(g) states that
any complaint filed pursuant to this
subsection must be filed within one year
of the date on which one of three
specified events occurs.
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47 CFR Section 76.1003(h) sets forth
the remedies that are available for
violations of the program access rules,
which include the imposition of
damages, and/or the establishment of
prices, terms, and conditions for the sale
of programming to the aggrieved
multichannel video programming
distributor, as well as sanctions
available under title V or any other
provision of the Communications Act.
47 CFR Section 76.1003(j) states in
addition to the general pleading and
discovery rules contained in Section
76.7 of this part, parties to a program
access complaint may serve requests for
discovery directly on opposing parties,
and file a copy of the request with the
Commission. The respondent shall have
the opportunity to object to any request
for documents that are not in its control
or relevant to the dispute. Such request
shall be heard, and determination made,
by the Commission. Until the objection
is ruled upon, the obligation to produce
the disputed material is suspended. Any
party who fails to timely provide
discovery requested by the opposing
party to which it has not raised an
objection as described above, or who
fails to respond to a Commission order
for discovery material, may be deemed
in default and an order may be entered
in accordance with the allegations
contained in the complaint, or the
complaint may be dismissed with
prejudice.
47 CFR Section 76.1302(a) states that
any video programming vendor or
multichannel video programming
distributor aggrieved by conduct that it
believes constitute a violation of the
regulations set forth in this subpart may
commence an adjudicatory proceeding
at the Commission to obtain
enforcement of the rules through the
filing of a complaint.
47 CFR Section 76.1302(b) states that
any aggrieved video programming
vendor or multichannel video
programming distributor intending to
file a complaint under this section must
first notify the potential defendant
multichannel video programming
distributor that it intends to file a
complaint with the Commission based
on actions alleged to violate one or more
of the provisions contained in Section
76.1301 of this part. The notice must be
sufficiently detailed so that its
recipient(s) can determine the specific
nature of the potential complaint. The
potential complainant must allow a
minimum of ten (10) days for the
potential defendant(s) to respond before
filing a complaint with the Commission.
47 CFR Section 76.1302(c) specifies
the content of carriage agreement
complaints.
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47 CFR Section 76.1302(d) states that
any multichannel video programming
distributor upon which a carriage
agreement complaint is served under
this section shall answer within thirty
(30) days of service of the complaint,
unless otherwise directed by the
Commission. The answer shall address
the relief requested in the complaint,
including legal and documentary
support, for such response, and may
include an alternative relief proposal
without any prejudice to any denials or
defenses raised.
47 CFR Section 76.1302(e) states that
within twenty (20) days after service of
an answer, unless otherwise directed by
the Commission, the complainant may
file and serve a reply which shall be
responsive to matters contained in the
answer and shall not contain new
matters.
47 CFR Section 76.1302(f) states that
any complaint filed pursuant to this
subsection must be filed within one year
of the date on which one of three events
occurs.
47 CFR Section 76.1302(g)(1) states
that upon completion of such
adjudicatory proceeding, the
Commission shall order appropriate
remedies, including, if necessary,
mandatory carriage of a video
programming vendor’s programming on
defendant’s video distribution system,
or the establishment of prices, terms,
and conditions for the carriage of a
video programming vendor’s
programming.
47 CFR Section 76.1513(a) permits
any party aggrieved by conduct that it
believes constitute a violation of the
FCC’s regulations or in section 653 of
the Communications Act (47 U.S.C. 573)
to commence an adjudicatory
proceeding at the Commission to obtain
enforcement of the rules through the
filing of a complaint, which must be
filed and responded to in accordance
with the procedures specified in Section
76.7, except to the extent such
procedures are modified by Section
76.1513.
47 CFR Section 76.1513(b) provides
that an open video system operator may
not provide in its carriage contracts with
programming providers that any dispute
must be submitted to arbitration,
mediation, or any other alternative
method for dispute resolution prior to
submission of a complaint to the
Commission.
47 CFR Section 76.1513(c) requires
that any aggrieved party intending to
file a complaint under this section must
first notify the potential defendant open
video system operator that it intends to
file a complaint with the Commission
based on actions alleged to violate one
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or more of the provisions contained in
this part or in Section 653 of the
Communications Act. The notice must
be in writing and must be sufficiently
detailed so that its recipient(s) can
determine the specific nature of the
potential complaint. The potential
complainant must allow a minimum of
ten (10) days for the potential
defendant(s) to respond before filing a
complaint with the Commission.
47 CFR Section 76.1513(d) describes
the contents of an open video system
complaint.
47 CFR Section 76.1513(e) addresses
answers to open video system
complaints.
47 CFR Section 76.1513(f) states
within twenty (20) days after service of
an answer, the complainant may file
and serve a reply which shall be
responsive to matters contained in the
answer and shall not contain new
matters.
47 CFR Section 76.1513(g) requires
that any complaint filed pursuant to this
subsection must be filed within one year
of the date on which one of three events
occurs.
47 CFR Section 76.1513(h) states that
upon completion of the adjudicatory
proceeding, the Commission shall order
appropriate remedies, including, if
necessary, the requiring carriage,
awarding damages to any person denied
carriage, or any combination of such
sanctions. Such order shall set forth a
timetable for compliance, and shall
become effective upon release.
OMB Control Number: 3060–1034.
Title: Digital Audio Broadcasting
Systems and their Impact on the
Terrestrial Radio Broadcast Service;
Digital Notification Form, FCC Form
335.
Form Number: FCC Form 335.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for–
profit entities.
Number of Respondents and
Responses: 1,310 respondents; 1,310
responses.
Estimated Time per Response: 1– 8
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 154(i), 303, 310
and 533 of the Communications Act of
1934, as amended.
Total Annual Burden: 1,780 hours.
Total Annual Cost: $606,500.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
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Needs and Uses: On January 29, 2010,
the Commission released the Order,
Digital Audio Broadcasting Systems and
Their Impact on the Terrestrial Radio
Broadcast Service (‘‘Order’’), DA 10–208,
MM Docket 99–325. The Order will
allow:
(1) Eligible authorized FM stations to
commence operation of FM digital
facilities with operating power up to
–14 dB upon notice to the Commission
on either Form 335 (the licensee of a
super–powered FM station must file an
informal request for any increase in the
station’s FM Digital ERP).
(2) Licensees to submit an application
to the Media Bureau, in the form of an
informal request, for any increase in FM
Digital ERP beyond 6 dB.
(3) Licensees submitting such a
request must use a simplified method
set forth in the Order to determine the
proponent station’s maximum
permissible FM Digital ERP.
(4) In situations where the simplified
method is not applicable due to unusual
terrain or other environmental or
technical considerations or when it
produces anomalous FM Digital ERP
results, the Bureau will accept
applications for FM Digital ERP in
excess of –14 dB on a case–by–case
basis when accompanied by a detailed
showing containing a complete
explanation of the prediction
methodology used as well as data, maps
and sample calculations.
(5) Finally, the Order implements
interference mitigation and remediation
procedures to resolve promptly
allegations of digital interference to an
authorized FM analog facility resulting
from an FM Digital ERP power increase
undertaken pursuant to the procedures
adopted in the Order. Pursuant to these
procedures, the affected analog FM
station may file an interference
complaint with the Bureau. In order to
be considered by the Bureau, the
complaint must contain at least six
reports of ongoing (rather than
transitory) objectionable interference.
For each report of interference, the
affected FM licensee must submit a map
showing the location of the reported
interference and a detailed description
of the nature and extent of the
interference being experienced at that
location. Interference reports at
locations outside a station’s protected
analog contour will not be considered.
The complaint must also contain a
complete description of the tests and
equipment used to identity the alleged
interference and the scope of the
unsuccessful efforts to resolve the
interference.
The following rule sections contain
information collection requirements that
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have been approved by OMB and do not
require any additional OMB approval
because they did not change since last
approved by OMB:
47 CFR 73.404(b) states in situations
where interference to other stations is
anticipated or actually occurs, AM
licensees may, upon notification to the
Commission, reduce the power of the
primary Digital Audio Broadcasting
(DAB) sidebands by up to 6 dB. Any
greater reduction of sideband power
requires prior authority from the
Commission via the filing of a request
for special temporary authority or an
informal letter request for modification
of license.
47 CFR 73.404(e) states licensees
(commercial and noncommercial AM
and FM radio stations) must provide
notification to the Commission in
Washington, DC, within 10 days of
commencing in–band, on channel
(IBOC) digital operation. The
notification must include the following
information:
(1) Call sign and facility identification
number of the station;
(2) Date on which IBOC operation
commenced;
(3) Certification that the IBOC DAB
facilities conform to permissible hybrid
specifications;
(4) Name and telephone number of a
technical representative the
Commission can call in the event of
interference;
(5) FM digital effective radiated power
used and certification that the FM
analog effective radiated power remains
as authorized;
(6) Transmitter power output; if
separate analog and digital transmitters
are used, the power output for each
transmitter;
(7) If applicable, any reduction in an
AM station’s primary digital carriers;
(8) If applicable, the geographic
coordinates, elevation data, and license
file number of the auxiliary antenna
employed by an FM station as a separate
digital antenna;
(9) If applicable, for FM systems
employing interleaved antenna bays, a
certification that adequate filtering and/
or isolation equipment has been
installed to prevent spurious emissions
in excess of the limits specified in
Section 73.317;
(10) A certification that the operation
will not cause human exposure to levels
of radio frequency radiation in excess of
the limits specified in Section 1.1310 of
the Commission’s rules and is therefore
categorically excluded from
environmental processing pursuant to
Section 1306(b). Any station that cannot
certify compliance must submit an
environmental assessment (’’EA’’)
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pursuant to Section 1.1311 and may not
commence IBOC operation until such
EA is ruled upon by the Commission.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2010–4670 Filed 3–4–10; 8:45 am]
BILLING CODE 6712–01–S
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of Agency Meeting
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
at 9 a.m. on Tuesday, March 2, 2010, the
Board of Directors of the Federal
Deposit Insurance Corporation met in
closed session to consider matters
related to the Corporation’s supervision
and resolution activities.
In calling the meeting, the Board
determined, on motion of Vice
Chairman Martin J. Gruenberg,
seconded by Director John E. Bowman
(Acting Director, Office of Thrift
Supervision), concurred in by Director
Thomas J. Curry (Appointive), Director
John C. Dugan (Comptroller of the
Currency), and Chairman Sheila C. Bair,
that Corporation business required its
consideration of the matters which were
to be the subject of this meeting on less
than seven days’ notice to the public;
that no earlier notice of the meeting was
practicable; that the public interest did
not require consideration of the matters
in a meeting open to public observation;
and that the matters could be
considered in a closed meeting by
authority of subsections (c)(4), (c)(6),
(c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10)
of the ‘‘Government in the Sunshine
Act’’ (5 U.S.C. 552b(c)(4), (c)(6), (c)(8),
(c)(9)(A)(ii), (c)(9)(B), and (c)(10)).
The meeting was held in the Board
Room of the FDIC Building located at
550—17th Street, NW., Washington, DC.
information (12 CFR part 271), there is
set forth below the domestic policy
directive issued by the Federal Open
Market Committee at its meeting held
on January 26 and 27, 2010.1
The Federal Open Market Committee
seeks monetary and financial conditions
that will foster price stability and
promote sustainable growth in output.
To further its long–run objectives, the
Committee seeks conditions in reserve
markets consistent with federal funds
trading in a range from 0 to 1⁄4 percent.
The Committee directs the Desk to
purchase agency debt and agency MBS
during the intermeeting period with the
aim of providing support to private
credit markets and economic activity.
The timing and pace of these purchases
should depend on conditions in the
markets for such securities and on a
broader assessment of private credit
market conditions. The Desk is expected
to execute purchases of about $175
billion in housing–related agency debt
and about $1.25 trillion of agency MBS
by the end of the first quarter. The Desk
is expected to gradually slow the pace
of these purchases as they near
completion. The Committee anticipates
that outright purchases of securities will
cause the size of the Federal Reserve’s
balance sheet to expand significantly in
coming months. The Committee directs
the Desk to engage in dollar roll
transactions as necessary to facilitate
settlement of the Federal Reserve’s
agency MBS transactions to be
conducted through the end of the first
quarter, as directed above. The System
Open Market Account Manager and the
Secretary will keep the Committee
informed of ongoing developments
regarding the System’s balance sheet
that could affect the attainment over
time of the Committee’s objectives of
maximum employment and price
stability.
By order of the Federal Open Market
Committee, February 23, 2010.
Dated: March 2, 2010.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
Brian F. Madigan,
Secretary, Federal Open Market Committee.
[FR Doc. 2010–4800 Filed 3–3–10; 4:15 pm]
BILLING CODE 6210–01–S
[FR Doc. 2010–4690 Filed 3–4–10; 8:45 am]
erowe on DSK5CLS3C1PROD with NOTICES
BILLING CODE 6714–01–P
FEDERAL RESERVE SYSTEM
Federal Open Market Committee;
Domestic Policy Directive of January
26 and 27, 2010
In accordance with § 271.25 of its
rules regarding availability of
VerDate Nov<24>2008
14:45 Mar 04, 2010
Jkt 220001
1 Copies of the Minutes of the Federal Open
Market Committee at its meeting held on January
26 and 27, 2010, which includes the domestic
policy directive issued at the meeting, are available
upon request to the Board of Governors of the
Federal Reserve System, Washington, D.C. 20551.
The minutes are published in the Federal Reserve
Bulletin and in the Board’s annual report.
PO 00000
Frm 00064
Fmt 4703
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10267
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0032]
Federal Acquisition Regulation;
Submission for OMB Review;
Contractor Use of Interagency Motor
Pool Vehicles
AGENCIES: Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding a reinstatement to
an existing OMB clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Regulatory
Secretariat will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
a reinstatement of a previously
approved information collection
requirement concerning contractor use
of interagency motor pool vehicles. A
request for public comments published
in the Federal Register at 74 FR 62782,
December 1, 2009. No comments were
received.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
April 5, 2010.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: FAR Desk Officer, OMB,
Room 10102, NEOB, Washington, DC
20503, and a copy to the General
Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW.,
Room 4041, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: Ms.
Beverly Cromer, Procurement Analyst,
Contract Policy Branch, GSA (202) 501–
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10263-10267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4670]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collections Being Reviewed by the
Federal Communications Commission, Comments Requested
02/26/2010.
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 collections, 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; (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 and (e) ways to further reduce the information burden for
small business concerns with fewer than 25 employees.
The FCC 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.
DATES: Persons wishing to comment on this information collection(s)
should submit comments by May 4, 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 e-mail
to Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams, Federal
Communications Commission (FCC), via e-mail to Cathy.Williams@fcc.gov
and to PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collections send an e-mail to PRA@fcc.gov or contact Cathy
Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0888.
Title: Section 76.7, Petition Procedures; Section 76.9,
Confidentiality of Proprietary Information; Section 76.61, Dispute
Concerning Carriage; Section 76.914, Revocation of Certification;
Section 76.1001, Unfair Practices; Section 76.1003, Program Access
Proceedings; Section 76.1302, Carriage Agreement Proceedings; Section
76.1513, Open Video Dispute Resolution.
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Businesses or other for-profit.
Number of Respondents and Responses: 640 respondents; 640
responses.
Estimated Time per Response: 4.1 to 61.4 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 information is contained in Sections 4(i),
303(r) and 628 of the Communications Act of 1934, as amended.
Total Annual Burden: 20,960 hours
Total Annual Cost: $393,600.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: A party that wishes to have
confidentiality for proprietary information with respect to a
submission it is making to the Commission must file a petition pursuant
to the pleading requirements in Section 76.7 and use the method
described in Sections 0.459 and 76.9 to demonstrate that
confidentiality is warranted.
On January 20, 2010, the Commission adopted a First Report and
Order In the Matter of Review of the Commission's Program Access Rules
and Examination of Programming Tying Arrangements, MB Docket No. 07-
198, FCC 10-17. In the First Report and Order, the Commission
establishes rules, policies, and procedures for the consideration of
complaints alleging unfair acts involving terrestrially delivered,
cable-affiliated programming in violation of Section 628(b) of the
Communications Act. The Commission also establishes procedures for the
consideration of requests for a temporary standstill of the price,
terms, and other conditions of an existing programming contract by a
program access complainant seeking renewal of such a contract.
The following rule sections contain revised information collection
requirements that the Commission is seeking approval for from the
Office of Management and Budget (OMB):
47 CFR Section 76.1001(b)(2) permits any multichannel video
programming distributor to commence an adjudicatory proceeding by
filing a complaint with the Commission alleging that a cable operator,
a satellite cable programming vendor in which a cable operator has an
attributable interest, or a satellite broadcast programming vendor, has
engaged in an unfair act involving terrestrially delivered, cable-
affiliated programming (which, as defined in this R&O, includes
exclusive contracts, discrimination, and undue or improper influence),
which must be filed and responded to in accordance with the procedures
specified in Section 76.7, except to the extent such procedures are
modified by Sections 76.1001(b)(2) and 76.1003. In program access cases
involving terrestrially delivered, cable-affiliated programming, the
defendant has 45 days from the date of service of the complaint to file
an answer, unless otherwise directed by the Commission. A complainant
shall have the burden of proof that the
[[Page 10264]]
defendant's alleged conduct has the purpose or effect of hindering
significantly or preventing the complainant from providing satellite
cable programming or satellite broadcast programming to subscribers or
consumers; an answer to such a complaint shall set forth the
defendant's reasons to support a finding that the complainant has not
carried this burden. In addition, a complainant alleging that a
terrestrial cable programming vendor has engaged in discrimination
shall have the burden of proof that the terrestrial cable programming
vendor is wholly owned by, controlled by, or under common control with
a cable operator or cable operators, satellite cable programming vendor
or vendors in which a cable operator has an attributable interest, or
satellite broadcast programming vendor or vendors; an answer to such a
complaint shall set forth the defendant's reasons to support a finding
that the complainant has not carried this burden. In addition, the R&O
provides that a complainant that wants a currently pending complaint
involving terrestrially delivered, cable-affiliated programming
considered under the rules adopted in the R&O must submit a
supplemental filing alleging that the defendant has engaged in an
unfair act after the effective date of the rules. In such case, the
complaint and supplement will be considered pursuant to the rules
adopted in the R&O and the defendant will have an opportunity to answer
the supplemental filing, as set forth in the rules.
47 CFR Section 76.1003(c)(3) requires a program access complaint to
contain evidence that the complainant competes with the defendant cable
operator, or with a multichannel video programming distributor that is
a customer of the defendant satellite cable programming or satellite
broadcast programming vendor or a terrestrial cable programming vendor
alleged to have engaged in conduct described in Section 76.1001(b)(1).
47 CFR Section 76.1003(l) permits a program access complainant
seeking renewal of an existing programming contract to file a petition
along with its complaint requesting a temporary standstill of the
price, terms, and other conditions of the existing programming contract
pending resolution of the complaint, to which the defendant will have
the opportunity to respond within 10 days of service of the petition,
unless otherwise directed by the Commission.
The following rule sections are also covered in this information
collection but do not require additional OMB approval since the
requirements have not changed since last approved by OMB:
47 CFR Section 76.7. Pleadings seeking to initiate FCC action must
adhere to the requirements of Section 76.6 (general pleading
requirements) and Section 76.7 (initiating pleading requirements).
Section 76.7 is used for numerous types of petitions and special relief
petitions, including general petitions seeking special relief, waivers,
enforcement, show cause, forfeiture and declaratory ruling procedures.
47 CFR Section 76.9. A party that wishes to have confidentiality
for proprietary information with respect to a submission it is making
to the FCC must file a petition pursuant to the pleading requirements
in Section 76.7 and use the method described in Sections 0.459 and 76.9
to demonstrate that confidentiality is warranted. The petitions filed
pursuant to this provision are contained in the existing information
collection requirement and are not changed by the rule changes.
47 CFR Section 76.61(a) permits a local commercial television
station or qualified low power television station that is denied
carriage or channel positioning or repositioning in accordance with the
must-carry rules by a cable operator to file a complaint with the FCC
in accordance with the procedures set forth in Section 76.7. Section
76.61(b) permits a qualified local noncommercial educational television
station that believes a cable operator has failed to comply with the
FCC's signal carriage or channel positioning requirements (Sections
76.56 through 76.57) to file a complaint with the FCC in accordance
with the procedures set forth in Section 76.7.
47 CFR Section 76.61(a)(1) states that whenever a local commercial
television station or a qualified low power television station believes
that a cable operator has failed to meet its carriage or channel
positioning obligations, pursuant to Section 76.56, such station shall
notify the operator, in writing, of the alleged failure and identify
its reasons for believing that the cable operator is obligated to carry
the signal of such station or position such signal on a particular
channel.
47 CFR Section 76.61(a)(2) states that the cable operator shall,
within 30 days of receipt of such written notification, respond in
writing to such notification and either commence to carry the signal of
such station in accordance with the terms requested or state its
reasons for believing that it is not obligated to carry such signal or
is in compliance with the channel positioning and repositioning and
other requirements of the must-carry rules. If a refusal for carriage
is based on the station's distance from the cable system's principal
headend, the operator's response shall include the location of such
headend. If a cable operator denies carriage on the basis of the
failure of the station to deliver a good quality signal at the cable
system's principal headend, the cable operator must provide a list of
equipment used to make the measurements, the point of measurement and a
list and detailed description of the reception and over-the-air signal
processing equipment used, including sketches such as block diagrams
and a description of the methodology used for processing the signal at
issue, in its response.
47 CFR Section 76.914(c) permits a cable operator seeking
revocation of a franchising authority's certification to file a
petition with the FCC in accordance with the procedures set forth in
Section 76.7.
47 CFR Section 76.1003(a) permits any multichannel video
programming distributor (MVPD) aggrieved by conduct that it believes
constitute a violation of the FCC's competitive access to cable
programming rules to commence an adjudicatory proceeding at the FCC to
obtain enforcement of the rules through the filing of a complaint,
which must be filed and responded to in accordance with the procedures
specified in Section 76.7, except to the extent such procedures are
modified by Section 76.1003.
47 CFR Section 76.1003(b) requires any aggrieved MVPD intending to
file a complaint under this section to first notify the potential
defendant cable operator, and/or the potential defendant satellite
cable programming vendor or satellite broadcast programming vendor,
that it intends to file a complaint with the Commission based on
actions alleged to violate one or more of the provisions contained in
Sections 76.1001 or 76.1002 of this part. The notice must be
sufficiently detailed so that its recipient(s) can determine the nature
of the potential complaint. The potential complainant must allow a
minimum of ten (10) days for the potential defendant(s) to respond
before filing a complaint with the Commission.
47 CFR Section 76.1003(c) describes the required contents of a
program access complaint, in addition to the requirements of Section
76.7 of this part.
47 CFR Section 76.1003(d) states that, in a case where recovery of
damages is sought, the complaint shall contain a clear and unequivocal
request for damages and appropriate allegations in support of such
claim.
47 CFR Section 76.1003(e)(1) requires cable operators, satellite
cable
[[Page 10265]]
programming vendors, or satellite broadcast programming vendors whom
expressly reference and rely upon a document in asserting a defense to
a program access complaint filed or in responding to a material
allegation in a program access complaint filed pursuant to Section
76.1003, to include such document or documents, such as contracts for
carriage of programming referenced and relied on, as part of the
answer. Except as otherwise provided or directed by the Commission, any
cable operator, satellite cable programming vendor or satellite
broadcast programming vendor upon which a program access complaint is
served under this section shall answer within twenty (20) days of
service of the complaint.
47 CFR Section 76.1003(e)(2) requires an answer to an exclusivity
complaint to provide the defendant's reasons for refusing to sell the
subject programming to the complainant. In addition, the defendant may
submit its programming contracts covering the area specified in the
complaint with its answer to refute allegations concerning the
existence of an impermissible exclusive contract. If there are no
contracts governing the specified area, the defendant shall so certify
in its answer. Any contracts submitted pursuant to this provision may
be protected as proprietary pursuant to Section 76.9 of this part.
47 CFR Section 76.1003(e)(3) requires an answer to a discrimination
complaint to state the reasons for any differential in prices, terms or
conditions between the complainant and its competitor, and to specify
the particular justification set forth in Section 76.1002(b) of this
part relied upon in support of the differential.
47 CFR Section 76.1003(e)(4) requires an answer to a complaint
alleging an unreasonable refusal to sell programming to state the
defendant's reasons for refusing to sell to the complainant, or for
refusing to sell to the complainant on the same terms and conditions as
complainant's competitor, and to specify why the defendant's actions
are not discriminatory.
47 CFR Section 76.1003(f) provides that, within fifteen (15) days
after service of an answer, unless otherwise directed by the
Commission, the complainant may file and serve a reply which shall be
responsive to matters contained in the answer and shall not contain new
matters.
47 CFR Section 76.1003(g) states that any complaint filed pursuant
to this subsection must be filed within one year of the date on which
one of three specified events occurs.
47 CFR Section 76.1003(h) sets forth the remedies that are
available for violations of the program access rules, which include the
imposition of damages, and/or the establishment of prices, terms, and
conditions for the sale of programming to the aggrieved multichannel
video programming distributor, as well as sanctions available under
title V or any other provision of the Communications Act.
47 CFR Section 76.1003(j) states in addition to the general
pleading and discovery rules contained in Section 76.7 of this part,
parties to a program access complaint may serve requests for discovery
directly on opposing parties, and file a copy of the request with the
Commission. The respondent shall have the opportunity to object to any
request for documents that are not in its control or relevant to the
dispute. Such request shall be heard, and determination made, by the
Commission. Until the objection is ruled upon, the obligation to
produce the disputed material is suspended. Any party who fails to
timely provide discovery requested by the opposing party to which it
has not raised an objection as described above, or who fails to respond
to a Commission order for discovery material, may be deemed in default
and an order may be entered in accordance with the allegations
contained in the complaint, or the complaint may be dismissed with
prejudice.
47 CFR Section 76.1302(a) states that any video programming vendor
or multichannel video programming distributor aggrieved by conduct that
it believes constitute a violation of the regulations set forth in this
subpart may commence an adjudicatory proceeding at the Commission to
obtain enforcement of the rules through the filing of a complaint.
47 CFR Section 76.1302(b) states that any aggrieved video
programming vendor or multichannel video programming distributor
intending to file a complaint under this section must first notify the
potential defendant multichannel video programming distributor that it
intends to file a complaint with the Commission based on actions
alleged to violate one or more of the provisions contained in Section
76.1301 of this part. The notice must be sufficiently detailed so that
its recipient(s) can determine the specific nature of the potential
complaint. The potential complainant must allow a minimum of ten (10)
days for the potential defendant(s) to respond before filing a
complaint with the Commission.
47 CFR Section 76.1302(c) specifies the content of carriage
agreement complaints.
47 CFR Section 76.1302(d) states that any multichannel video
programming distributor upon which a carriage agreement complaint is
served under this section shall answer within thirty (30) days of
service of the complaint, unless otherwise directed by the Commission.
The answer shall address the relief requested in the complaint,
including legal and documentary support, for such response, and may
include an alternative relief proposal without any prejudice to any
denials or defenses raised.
47 CFR Section 76.1302(e) states that within twenty (20) days after
service of an answer, unless otherwise directed by the Commission, the
complainant may file and serve a reply which shall be responsive to
matters contained in the answer and shall not contain new matters.
47 CFR Section 76.1302(f) states that any complaint filed pursuant
to this subsection must be filed within one year of the date on which
one of three events occurs.
47 CFR Section 76.1302(g)(1) states that upon completion of such
adjudicatory proceeding, the Commission shall order appropriate
remedies, including, if necessary, mandatory carriage of a video
programming vendor's programming on defendant's video distribution
system, or the establishment of prices, terms, and conditions for the
carriage of a video programming vendor's programming.
47 CFR Section 76.1513(a) permits any party aggrieved by conduct
that it believes constitute a violation of the FCC's regulations or in
section 653 of the Communications Act (47 U.S.C. 573) to commence an
adjudicatory proceeding at the Commission to obtain enforcement of the
rules through the filing of a complaint, which must be filed and
responded to in accordance with the procedures specified in Section
76.7, except to the extent such procedures are modified by Section
76.1513.
47 CFR Section 76.1513(b) provides that an open video system
operator may not provide in its carriage contracts with programming
providers that any dispute must be submitted to arbitration, mediation,
or any other alternative method for dispute resolution prior to
submission of a complaint to the Commission.
47 CFR Section 76.1513(c) requires that any aggrieved party
intending to file a complaint under this section must first notify the
potential defendant open video system operator that it intends to file
a complaint with the Commission based on actions alleged to violate one
[[Page 10266]]
or more of the provisions contained in this part or in Section 653 of
the Communications Act. The notice must be in writing and must be
sufficiently detailed so that its recipient(s) can determine the
specific nature of the potential complaint. The potential complainant
must allow a minimum of ten (10) days for the potential defendant(s) to
respond before filing a complaint with the Commission.
47 CFR Section 76.1513(d) describes the contents of an open video
system complaint.
47 CFR Section 76.1513(e) addresses answers to open video system
complaints.
47 CFR Section 76.1513(f) states within twenty (20) days after
service of an answer, the complainant may file and serve a reply which
shall be responsive to matters contained in the answer and shall not
contain new matters.
47 CFR Section 76.1513(g) requires that any complaint filed
pursuant to this subsection must be filed within one year of the date
on which one of three events occurs.
47 CFR Section 76.1513(h) states that upon completion of the
adjudicatory proceeding, the Commission shall order appropriate
remedies, including, if necessary, the requiring carriage, awarding
damages to any person denied carriage, or any combination of such
sanctions. Such order shall set forth a timetable for compliance, and
shall become effective upon release.
OMB Control Number: 3060-1034.
Title: Digital Audio Broadcasting Systems and their Impact on the
Terrestrial Radio Broadcast Service; Digital Notification Form, FCC
Form 335.
Form Number: FCC Form 335.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1,310 respondents; 1,310
responses.
Estimated Time per Response: 1- 8 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Sections 154(i), 303, 310 and 533 of the Communications Act of 1934, as
amended.
Total Annual Burden: 1,780 hours.
Total Annual Cost: $606,500.
Privacy Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: On January 29, 2010, the Commission released the
Order, Digital Audio Broadcasting Systems and Their Impact on the
Terrestrial Radio Broadcast Service (``Order''), DA 10-208, MM Docket
99-325. The Order will allow:
(1) Eligible authorized FM stations to commence operation of FM
digital facilities with operating power up to -14 dB upon notice to the
Commission on either Form 335 (the licensee of a super-powered FM
station must file an informal request for any increase in the station's
FM Digital ERP).
(2) Licensees to submit an application to the Media Bureau, in the
form of an informal request, for any increase in FM Digital ERP beyond
6 dB.
(3) Licensees submitting such a request must use a simplified
method set forth in the Order to determine the proponent station's
maximum permissible FM Digital ERP.
(4) In situations where the simplified method is not applicable due
to unusual terrain or other environmental or technical considerations
or when it produces anomalous FM Digital ERP results, the Bureau will
accept applications for FM Digital ERP in excess of -14 dB on a case-
by-case basis when accompanied by a detailed showing containing a
complete explanation of the prediction methodology used as well as
data, maps and sample calculations.
(5) Finally, the Order implements interference mitigation and
remediation procedures to resolve promptly allegations of digital
interference to an authorized FM analog facility resulting from an FM
Digital ERP power increase undertaken pursuant to the procedures
adopted in the Order. Pursuant to these procedures, the affected analog
FM station may file an interference complaint with the Bureau. In order
to be considered by the Bureau, the complaint must contain at least six
reports of ongoing (rather than transitory) objectionable interference.
For each report of interference, the affected FM licensee must submit a
map showing the location of the reported interference and a detailed
description of the nature and extent of the interference being
experienced at that location. Interference reports at locations outside
a station's protected analog contour will not be considered. The
complaint must also contain a complete description of the tests and
equipment used to identity the alleged interference and the scope of
the unsuccessful efforts to resolve the interference.
The following rule sections contain information collection
requirements that have been approved by OMB and do not require any
additional OMB approval because they did not change since last approved
by OMB:
47 CFR 73.404(b) states in situations where interference to other
stations is anticipated or actually occurs, AM licensees may, upon
notification to the Commission, reduce the power of the primary Digital
Audio Broadcasting (DAB) sidebands by up to 6 dB. Any greater reduction
of sideband power requires prior authority from the Commission via the
filing of a request for special temporary authority or an informal
letter request for modification of license.
47 CFR 73.404(e) states licensees (commercial and noncommercial AM
and FM radio stations) must provide notification to the Commission in
Washington, DC, within 10 days of commencing in-band, on channel (IBOC)
digital operation. The notification must include the following
information:
(1) Call sign and facility identification number of the station;
(2) Date on which IBOC operation commenced;
(3) Certification that the IBOC DAB facilities conform to
permissible hybrid specifications;
(4) Name and telephone number of a technical representative the
Commission can call in the event of interference;
(5) FM digital effective radiated power used and certification that
the FM analog effective radiated power remains as authorized;
(6) Transmitter power output; if separate analog and digital
transmitters are used, the power output for each transmitter;
(7) If applicable, any reduction in an AM station's primary
digital carriers;
(8) If applicable, the geographic coordinates, elevation data, and
license file number of the auxiliary antenna employed by an FM station
as a separate digital antenna;
(9) If applicable, for FM systems employing interleaved antenna
bays, a certification that adequate filtering and/or isolation
equipment has been installed to prevent spurious emissions in excess of
the limits specified in Section 73.317;
(10) A certification that the operation will not cause human
exposure to levels of radio frequency radiation in excess of the limits
specified in Section 1.1310 of the Commission's rules and is therefore
categorically excluded from environmental processing pursuant to
Section 1306(b). Any station that cannot certify compliance must submit
an environmental assessment (''EA'')
[[Page 10267]]
pursuant to Section 1.1311 and may not commence IBOC operation until
such EA is ruled upon by the Commission.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2010-4670 Filed 3-4-10; 8:45 am]
BILLING CODE 6712-01-S
