Notice of Public Information Collection Being Reviewed by the Federal Communications Commission, Comments Requested, 20352-20355 [2010-8818]
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Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Notices
Dated: April 8, 2010.
Miguel I. Flores,
Director, Water Quality Protection Division,
EPA Region 6.
[FR Doc. 2010–8925 Filed 4–16–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9139–3]
National Drinking Water Advisory
Council’s Climate Ready Water Utilities
Working Group Meeting
Announcement
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AGENCY: Environmental Protection
Agency.
ACTION: Notice.
SUMMARY: The U.S. Environmental
Protection Agency (EPA or Agency) is
announcing the third in-person meeting
of the Climate Ready Water Utilities
(CRWU) Working Group of the National
Drinking Water Advisory Council
(NDWAC). The purpose of this meeting
is for the Working Group to discuss key
findings, the adaptive response
framework on what it means to be
climate ready, enabling environment
recommendations, and climate-related
tools to support utilities.
DATES: The third in-person CRWU
Working Group meeting will take place
on May 5, 2010, from 8:30 a.m. to 5:30
p.m., Central Daylight Time (CDT) and
on May 6, 2010, from 8:30 a.m. to 3
p.m., CDT.
ADDRESSES: The meeting will take place
at the Omni Hotel Chicago, which is
located at 676 North Michigan Avenue,
Chicago, Illinois 60611.
FOR FURTHER INFORMATION CONTACT:
Interested participants from the public
should contact Lauren Wisniewski,
Designated Federal Officer, U.S.
Environmental Protection Agency,
Office of Ground Water and Drinking
Water, Water Security Division (Mail
Code 4608T), 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
Please contact Lauren Wisniewski at
wisniewski.lauren@epa.gov or call 202–
564–2918. CRWU Working Group
meeting agendas and summaries will be
posted at: https://www.epa.gov/
safewater/ndwac/#current.
SUPPLEMENTARY INFORMATION:
Agenda: The CRWU Working Group
has developed draft key findings on the
water sector and climate change, a draft
adaptive response framework that
describes actions that a CRWU would
undertake, and draft enabling
environment recommendations for
activities needed to create a supportive
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environment in which a utility can take
steps to be climate ready. The Working
Group will discuss revisions and
refinements to these draft report
sections. Additionally, the working
group will discuss tools, training, and
resources needed to support water
utilities and ways to integrate CRWU
efforts with existing programs.
Public Participation: There will be an
opportunity for public comment during
the CRWU Working Group meeting.
Oral statements will be limited to five
minutes, and it is preferred that only
one person present the statement on
behalf of a group or organization. Any
person who wishes to file a written
statement can do so before or after the
CRWU Working Group meeting. Written
statements received prior to the meeting
will be distributed to all members of the
Working Group before any final
discussion or vote is completed. Any
statements received after the meeting
will become part of the permanent
meeting file and will be forwarded to
the CRWU Working Group members for
their information. For information on
access or services for individuals with
disabilities, please contact Lauren
Wisniewski at 202–564–2918 or by
e-mail at wisniewski.lauren@epa.gov. To
request accommodation of a disability,
please contact Lauren Wisniewski,
preferably, at least 10 days prior to the
meeting to give EPA as much time as
possible to process your request.
Background: The Agency’s National
Water Program Strategy: Response to
Climate Change (2008) identified the
need to provide drinking water and
wastewater utilities with easy-to-use
resources to assess the risk associated
with climate change and to identify
potential adaptation strategies. The
NDWAC, established under the Safe
Drinking Water Act, as amended (42
U.S.C. 300f et seq.), provides practical
and independent advice, consultation
and recommendations to the Agency on
the activities, functions and policies
related to the implementation of the
Safe Drinking Water Act. On May 28,
2009, the NDWAC voted on and
approved the formation of the CRWU
Working Group. EPA anticipates that
the Working Group will have five faceto-face meetings between December
2009 and September 2010 in addition to
conference calls and/or video
conferencing on an as needed basis. To
date, there have been two face-to face
meetings. After the Working Group
completes its charge, it will make
recommendations to the full NDWAC.
The NDWAC will consider these
recommendations and make its own
recommendations to the EPA.
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Working Group Charge: The charge
for the CRWU Working Group is to
evaluate the concept of ‘‘Climate Ready
Water Utilities’’ and provide
recommendations to the full NDWAC on
the development of an effective program
for drinking water and wastewater
utilities, including recommendations to:
(1) Define and develop a baseline
understanding of how to use available
information to develop climate change
adaptation and mitigation strategies,
including ways to integrate this
information into existing
complementary programs such as the
Effective Utility Management and
Climate Ready Estuaries Program; (2)
Identify climate change-related tools,
training, and products that address
short-term and long-term needs of water
and wastewater utility managers,
decision makers, and engineers,
including ways to integrate these tools
and training into existing programs; and
(3) Incorporate mechanisms to provide
recognition or incentives that facilitate
broad adoption of climate change
adaptation and mitigation strategies by
the water sector into existing EPA Office
of Water recognition and awards
programs or new recognition programs.
Dated: April 13, 2010.
Cynthia C. Dougherty,
Director, Office of Ground Water and Drinking
Water.
[FR Doc. 2010–8929 Filed 4–16–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information Collection
Being Reviewed by the Federal
Communications Commission,
Comments Requested
April 9, 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 collection, as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501 –
3520. 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
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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 collection burden on 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 currently valid OMB
control number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before June 18, 2010. If
you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via email to
Nicholas_A._Fraser@omb.eop.gov and
to the Federal Communications
Commission via email to PRA@fcc.gov
and Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Cathy
Williams on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0700.
Title: Open Video Systems Provisions,
FCC Form 1275.
Form Number: FCC Form 1275.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other for–
profit entities; State, Local or Tribal
Government.
Number of Respondents and
Responses: 280 respondents and 4,672
responses.
Frequency of Response: On occasion
reporting requirement; Recordkeeping
and third party disclosure requirements.
Estimated Time per Response: 0.25 to
20 hours.
Total Annual Burden: 9,855 hours.
Total Annual Costs: None.
Privacy Impact Assessment: No
impact(s).
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in Section 302 of the Communications
Act of 1934, as amended.
Confidentiality: No need for
confidentiality required with this
collection of information.
Needs and Uses: Section 302 of the
1996 Telecommunications Act provides
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for specific entry options for telephone
companies wishing to enter the video
programming marketplace, one option
being to provide cable service over an
‘‘open video system’’ (‘‘OVS’’). The
following information collection
requirements listed below are covered
under information collection 3060–
0700.
47 CFR 76.1502(a) states an operator
of an open video system must certify to
the Commission that it will comply with
the Commission’s regulations in 47 CFR
76.1503, 76.1504, 76.1506, 76.1508,
76.1509, and 76.1513. The Commission
must approve such certification prior to
the commencement of service at such a
point in time that would allow the
applicant sufficient time to comply with
the Commission’s notification
requirements.
47 CFR 76.1502(b) states that
certifications must be verified by an
officer or director of the applicant,
stating that, to the best of his or her
information and belief, the
representations made therein are
accurate.
47 CFR 75.1502(c) require that
certifications must be filed on FCC Form
1275 and must include:
(1) The applicant’s name, address and
telephone number;
(2) A statement of ownership,
including all affiliated entities;
(3) If the applicant is a cable operator
applying for certification in its cable
franchise area, a statement that the
applicant is qualified to operate an open
video system under Section 76.1501.
(4) A statement that the applicant
agrees to comply and to remain in
compliance with each of the
Commission’s regulations in §§76.1503,
76.1504, 76.1506, 76.1508, 76.1509, and
76.1513;
(5) If the applicant is required under
47 CFR 64.903(a) to file a cost allocation
manual, a statement that the applicant
will file changes to its manual at least
60 days before the commencement of
service;
(6) A list of the names of the
anticipated local communities to be
served upon completion of the system;
(7) The anticipated amount and type
(i.e., analog or digital) of capacity (for
switched digital systems, the
anticipated number of available channel
input ports); and
(8) A statement that the applicant will
comply with the Commission’s notice
and enrollment requirements for
unaffiliated video programming
providers.
47 CFR 76.1502(d)(1) requires that on
or before the date an FCC Form 1275 is
filed with the Commission, the
applicant must serve a copy of its filing
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20353
on all local communities identified and
must include a statement informing the
local communities of the Commission’s
requirements for filing oppositions and
comments. Service by mail is complete
upon mailing, but if mailed, the served
documents must be postmarked at least
3 days prior to the filing of the FCC
Form 1275 with the Commission.
47 CFR 76.1502(d)(2) states that
parties are required to attach a cover
sheet to the filing indicating that the
submission is an open video system
certification application. The only
wording on this cover sheet shall be
‘‘Open Video System Certification
Application’’ and ‘‘Attention: Media
Bureau.’’ This wording shall be located
in the center of the page and should be
in letters at least 1/2 inch in size. Parties
shall also include the words ‘‘open
video systems’’ on their mailing
envelope.
47 CFR 76.1502(e)(1) requires that
comments or oppositions to a
certification must be filed within five
calendar days of the Commission’s
receipt of the certification and must be
served on the party that filed the
certification. If, after making the
necessary calculations, the due date for
filing comments falls on a holiday,
comments shall be filed on the next
business day before noon, unless the
nearest business day precedes the fifth
calendar day following a filing, in
which case the comments will be due
on the preceding business day.
47 CFR 76.1502(e)(2) requires parties
wishing to respond to a FCC Form 1275
filing must submit comments or
oppositions with the Office of the
Secretary and the Bureau Chief, Media
Bureau. Comments will not be
considered properly filed unless filed
with both of these Offices. Parties are
required to attach a cover sheet to the
filing indicating that the submission is
a pleading related to an open video
system application, the only wording on
this cover sheet shall be ‘‘Open Video
System Certification Application
Comments.’’ This wording shall be
located in the center of the page and
should be in letters at least 1/2 inch in
size. Parties shall also include the words
‘‘open video systems’’ on their mailing
envelopes.
47 CFR 76.1502(f) states if the
Commission does not disapprove the
certification application within ten days
after receipt of an applicant’s request,
the certification application will be
deemed approved. If disapproved, the
applicant may file a revised certification
or refile its original submission with a
statement addressing the issues in
dispute. Such refilings must be served
on any objecting party or parties and on
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all local communities in which the
applicant intends to operate. The
Commission will consider any revised
or refiled FCC Form 1275 to be a new
proceeding and any party who filed
comments regarding the original FCC
Form 1275 will have to refile their
original comments if they think such
comments should be considered in the
subsequent proceeding.
47 CFR 76.1503(b)(1) states an open
video system operator shall file with the
Secretary of the Federal
Communications Commission a ‘‘Notice
of Intent’’ to establish an open video
system, which the Commission will
release in a Public Notice. Parties are
required to attach a cover sheet to the
filing indicating that the submission is
an Open Video System Notice of Intent.
The only wording on this cover sheet
shall be ‘‘Open Video System Notice of
Intent’’ and ‘‘Attention: Media Bureau.’’
This wording shall be located in the
center of the page and should be in
letters at least 1/2 inch in size. Parties
shall also include the words ‘‘open
video systems’’ on their mailing
envelopes. Parties must submit copies of
the Notice of Intent with the Office of
the Secretary and the Bureau Chief,
Media Bureau.
47 CFR 76.1503(b)(2) states that an
open video system operator shall
provide the following information to a
video programming provider within five
business days of receiving a written
request from the provider, unless
otherwise included in the Notice of
Intent:
(i) The projected activation date of the
open video system. If a system is to be
activated in stages, the operator should
describe the respective stages and the
projected dates on which each stage will
be activated;
(ii) A preliminary carriage rate
estimate;
(iii) The information a video
programming provider will be required
to provide to qualify as a video
programming provider, e.g.,
creditworthiness;
(iv) Technical information that is
reasonably necessary for potential video
programming providers to assess
whether to seek capacity on the open
video system, including what type of
customer premises equipment
subscribers will need to receive service;
(v) Any transmission or reception
equipment needed by a video
programming provider to interface
successfully with the open video
system; and
(vi) The equipment available to
facilitate the carriage of unaffiliated
video programming and the electronic
form(s) that will be accepted for
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processing and subsequent transmission
through the system.
47 CFR 76.1504(d) states complaints
regarding rates shall be limited to video
programming providers that have sought
carriage on the open video system. If a
video programming provider files a
complaint against an open video system
operator meeting the above just and
reasonable rate presumption, the burden
of proof will rest with the complainant.
If a complaint is filed against an open
video system operator that does not
meet the just and reasonable rate
presumption, the open video system
operator will bear the burden of proof to
demonstrate, using the principles set
forth below, that the carriage rates
subject to the complaint are just and
reasonable.
47 CFR 76.1504(e) states how
reasonable rates subject to complaints
are determined and what tests must be
met for such determinations.
47 CFR 76.1505(d)(8) states the open
video system operator and/or the local
franchising authority may file a
complaint with the Commission,
pursuant to our dispute resolution
procedures set forth in § 76.1514, if the
open video system operator and the
local franchising authority cannot agree
as to the application of the
Commission’s rules regarding the open
video system operator’s public,
educational and governmental access
obligations under paragraph (d) of this
section.
47 CFR 76.1506(l)(2) states must–
carry/retransmission consent election
notifications shall be sent to the open
video system operator. An open video
system operator shall make all must–
carry/retransmission consent election
notifications received available to the
appropriate programming providers on
its system.
(3) Television broadcast stations are
required to make the same election for
open video systems and cable systems
serving the same geographic area, unless
the overlapping open video system is
unable to deliver appropriate signals in
conformance with the broadcast
station’s elections for all cable systems
serving the same geographic area.
(4) An open video system
commencing new operations shall
notify all local commercial and
noncommercial broadcast stations as
required under paragraph (l) of this
section on or before the date on which
it files with the Commission its Notice
of Intent to establish an open video
system.
47 CFR 76.1506(m)(2) states that
notification of programming to be
deleted pursuant to this section shall be
served on the open video system
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operator. The open video system
operator shall make all notifications
immediately available to the appropriate
video programming providers on its
open video system. Operators may effect
the deletion of signals for which they
have received deletion notices unless
they receive notice within a reasonable
time from the appropriate programming
provider that the rights claimed are
invalid. The open video system operator
shall not delete signals for which it has
received notice from the programming
provider that the rights claimed are
invalid. An open video system operator
shall be subject to sanctions for any
violation of this subpart. An open video
system operator may require
indemnification as a condition of
carriage for any sanctions it may incur
in reliance on a programmer’s claim that
certain exclusive or non–duplication
rights are invalid.
47 CFR 76.1508(c) states any
provision of § 76.94 that refers to a
‘‘cable system operator’’ or ‘‘cable
television system operator’’ shall apply
to an open video system operator. Any
provision of § 76.94 that refers to a
‘‘cable system’’ or ‘‘cable television
system’’ shall apply to an open video
system except § 76.94 (e) and (f) which
shall apply to an open video system
operator. Open video system operators
shall make all notifications and
information regarding the exercise of
network non–duplication rights
immediately available to all appropriate
video programming provider on the
system. An open video system operator
shall not be subject to sanctions for any
violation of these rules by an
unaffiliated program supplier if the
operator provided proper notices to the
program supplier and subsequently took
prompt steps to stop the distribution of
the infringing program once it was
notified of a violation.
47 CFR 76.1509(c) states any
provision of § 76.155 that refers to a
‘‘cable system operator’’ or ‘‘cable
television system operator’’ shall apply
to an open video system operator. Any
provision of § 76.155 that refers to a
‘‘cable system’’ or ‘‘cable television
system’’ shall apply to an open video
system except § 76.155(c) which shall
apply to an open video system operator.
Open video system operators shall make
all notifications and information
regarding exercise of syndicated
program exclusivity rights immediately
available to all appropriate video
programming provider on the system.
An open video system operator shall not
be subject to sanctions for any violation
of these rules by an unaffiliated program
supplier if the operator provided proper
notices to the program supplier and
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subsequently took prompt steps to stop
the distribution of the infringing
program once it was notified of a
violation.
47 CFR 76.1513(a) states any party
aggrieved by conduct that it believes
constitute a violation of the regulations
set forth in this part or in section 653
of the Communications Act (47 U.S.C.
573) may commence an adjudicatory
proceeding at the Commission to obtain
enforcement of the rules through the
filing of a complaint. The Commission
shall resolve any such dispute within
180 days after the filing of a complaint.
The complaint shall be filed and
responded to in accordance with the
procedures specified in § 76.7 of this
part with the following additions or
changes.
47 CFR 76.1513(b) requires 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 76.1513(c) states 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
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 76.1513(d) states that in
addition to the requirements of § 76.7 of
this part, an open video system
complaint shall contain:
(1) The type of entity that describes
complainant (e.g., individual, private
association, partnership, or
corporation), the address and telephone
number of the complainant, and the
address and telephone number of each
defendant;
(2) If discrimination in rates, terms,
and conditions of carriage is alleged,
documentary evidence shall be
submitted such as a preliminary carriage
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rate estimate or a programming contract
that demonstrates a differential in price,
terms or conditions between
complainant and a competing video
programming provider or, if no
programming contract or preliminary
carriage rate estimate is submitted with
the complaint, an affidavit signed by an
officer of complainant alleging that a
differential in price, terms or conditions
exists, a description of the nature and
extent (if known or reasonably
estimated by the complainant) of the
differential, together with a statement
that defendant refused to provide any
further specific comparative
information;
Note to paragraph (d)(2): Upon
request by a complainant, the
preliminary carriage rate estimate shall
include a calculation of the average of
the carriage rates paid by the
unaffiliated video programming
providers receiving carriage from the
open video system operator, including
the information needed for any
weighting of the individual carriage
rates that the operator has included in
the average rate.
(3) If a programming contract or a
preliminary carriage rate estimate is
submitted with the complaint in
support of the alleged violation, specific
references to the relevant provisions
therein.
(4) The complaint must be
accompanied by appropriate evidence
demonstrating that the required
notification pursuant to paragraph (c) of
this section has been made.
47 CFR 76.1513(e)(1) requires that any
open video system operator upon which
a complaint is served under this section
shall answer within thirty (30) days of
service of the complaint, unless
otherwise directed by the Commission.
47 CFR 76.1513(e)(2) states that an
answer to a discrimination complaint
shall state the reasons for any
differential in prices, terms or
conditions between the complainant
and its competitor, and shall specify the
particular justification relied upon in
support of the differential. Any
documents or contracts submitted
pursuant to this paragraph may be
protected as proprietary pursuant to §
76.9 of this part.
47 CFR 76.1513(f) states that within
twenty (20) days after service of an
answer, the complainant may file and
serve a reply which shall be responsive
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20355
to matters contained in the answer and
shall not contain new matters.
47 CFR 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 the
following events occurs:
(1) The open video system operator
enters into a contract with the
complainant that the complainant
alleges to violate one or more of the
rules contained in this part; or
(2) The open video system operator
offers to carry programming for the
complainant pursuant to terms that the
complainant alleges to violate one or
more of the rules contained in this part,
and such offer to carry programming is
unrelated to any existing contract
between the complainant and the open
video system operator; or
(3) The complainant has notified an
open video system operator that it
intends to file a complaint with the
Commission based on a request for such
operator to carry the complainant’s
programming on its open video system
that has been denied or
unacknowledged, allegedly in violation
of one or more of the rules contained in
this part.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010–8818 Filed 4–16–10; 8:45 am]
BILLING CODE: 6712–01–S
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting; Open
Commission Meeting; April 21, 2010
Date: April 14, 2010.
The Federal Communications
Commission will hold an Open Meeting
on the subjects listed below on
Wednesday, April 21, 2010, which is
scheduled to commence at 10:30 a.m. in
Room TW–C305, at 445 12th Street,
S.W., Washington, D.C.
In accordance with the purpose of the
Sunshine period, comments submitted
on blog pages in broadband.gov during
the Sunshine period will not be
considered by the Commission in
finalizing the items under consideration
at the open meeting on April 21.
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]]>Agencies
[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Pages 20352-20355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8818]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection Being Reviewed by the
Federal Communications Commission, Comments Requested
April 9, 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 collection, as required by the Paperwork
Reduction Act (PRA) of 1995, 44 U.S.C. 3501 - 3520. 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
[[Page 20353]]
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 collection
burden on 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 currently valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before June 18, 2010. If you anticipate that you will
be submitting PRA comments, but find it difficult to do so within the
period of time allowed by this notice, you should advise the FCC
contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via fax at 202-395-5167 or via email to
Nicholas_A._Fraser@omb.eop.gov and to the Federal Communications
Commission via email to PRA@fcc.gov and Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Cathy Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0700.
Title: Open Video Systems Provisions, FCC Form 1275.
Form Number: FCC Form 1275.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; State, Local or
Tribal Government.
Number of Respondents and Responses: 280 respondents and 4,672
responses.
Frequency of Response: On occasion reporting requirement;
Recordkeeping and third party disclosure requirements.
Estimated Time per Response: 0.25 to 20 hours.
Total Annual Burden: 9,855 hours.
Total Annual Costs: None.
Privacy Impact Assessment: No impact(s).
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Section 302 of
the Communications Act of 1934, as amended.
Confidentiality: No need for confidentiality required with this
collection of information.
Needs and Uses: Section 302 of the 1996 Telecommunications Act
provides for specific entry options for telephone companies wishing to
enter the video programming marketplace, one option being to provide
cable service over an ``open video system'' (``OVS''). The following
information collection requirements listed below are covered under
information collection 3060-0700.
47 CFR 76.1502(a) states an operator of an open video system must
certify to the Commission that it will comply with the Commission's
regulations in 47 CFR 76.1503, 76.1504, 76.1506, 76.1508, 76.1509, and
76.1513. The Commission must approve such certification prior to the
commencement of service at such a point in time that would allow the
applicant sufficient time to comply with the Commission's notification
requirements.
47 CFR 76.1502(b) states that certifications must be verified by an
officer or director of the applicant, stating that, to the best of his
or her information and belief, the representations made therein are
accurate.
47 CFR 75.1502(c) require that certifications must be filed on FCC
Form 1275 and must include:
(1) The applicant's name, address and telephone number;
(2) A statement of ownership, including all affiliated entities;
(3) If the applicant is a cable operator applying for certification
in its cable franchise area, a statement that the applicant is
qualified to operate an open video system under Section 76.1501.
(4) A statement that the applicant agrees to comply and to remain
in compliance with each of the Commission's regulations in
Sec. Sec. 76.1503, 76.1504, 76.1506, 76.1508, 76.1509, and 76.1513;
(5) If the applicant is required under 47 CFR 64.903(a) to file a
cost allocation manual, a statement that the applicant will file
changes to its manual at least 60 days before the commencement of
service;
(6) A list of the names of the anticipated local communities to be
served upon completion of the system;
(7) The anticipated amount and type (i.e., analog or digital) of
capacity (for switched digital systems, the anticipated number of
available channel input ports); and
(8) A statement that the applicant will comply with the
Commission's notice and enrollment requirements for unaffiliated video
programming providers.
47 CFR 76.1502(d)(1) requires that on or before the date an FCC
Form 1275 is filed with the Commission, the applicant must serve a copy
of its filing on all local communities identified and must include a
statement informing the local communities of the Commission's
requirements for filing oppositions and comments. Service by mail is
complete upon mailing, but if mailed, the served documents must be
postmarked at least 3 days prior to the filing of the FCC Form 1275
with the Commission.
47 CFR 76.1502(d)(2) states that parties are required to attach a
cover sheet to the filing indicating that the submission is an open
video system certification application. The only wording on this cover
sheet shall be ``Open Video System Certification Application'' and
``Attention: Media Bureau.'' This wording shall be located in the
center of the page and should be in letters at least 1/2 inch in size.
Parties shall also include the words ``open video systems'' on their
mailing envelope.
47 CFR 76.1502(e)(1) requires that comments or oppositions to a
certification must be filed within five calendar days of the
Commission's receipt of the certification and must be served on the
party that filed the certification. If, after making the necessary
calculations, the due date for filing comments falls on a holiday,
comments shall be filed on the next business day before noon, unless
the nearest business day precedes the fifth calendar day following a
filing, in which case the comments will be due on the preceding
business day.
47 CFR 76.1502(e)(2) requires parties wishing to respond to a FCC
Form 1275 filing must submit comments or oppositions with the Office of
the Secretary and the Bureau Chief, Media Bureau. Comments will not be
considered properly filed unless filed with both of these Offices.
Parties are required to attach a cover sheet to the filing indicating
that the submission is a pleading related to an open video system
application, the only wording on this cover sheet shall be ``Open Video
System Certification Application Comments.'' This wording shall be
located in the center of the page and should be in letters at least 1/2
inch in size. Parties shall also include the words ``open video
systems'' on their mailing envelopes.
47 CFR 76.1502(f) states if the Commission does not disapprove the
certification application within ten days after receipt of an
applicant's request, the certification application will be deemed
approved. If disapproved, the applicant may file a revised
certification or refile its original submission with a statement
addressing the issues in dispute. Such refilings must be served on any
objecting party or parties and on
[[Page 20354]]
all local communities in which the applicant intends to operate. The
Commission will consider any revised or refiled FCC Form 1275 to be a
new proceeding and any party who filed comments regarding the original
FCC Form 1275 will have to refile their original comments if they think
such comments should be considered in the subsequent proceeding.
47 CFR 76.1503(b)(1) states an open video system operator shall
file with the Secretary of the Federal Communications Commission a
``Notice of Intent'' to establish an open video system, which the
Commission will release in a Public Notice. Parties are required to
attach a cover sheet to the filing indicating that the submission is an
Open Video System Notice of Intent. The only wording on this cover
sheet shall be ``Open Video System Notice of Intent'' and ``Attention:
Media Bureau.'' This wording shall be located in the center of the page
and should be in letters at least 1/2 inch in size. Parties shall also
include the words ``open video systems'' on their mailing envelopes.
Parties must submit copies of the Notice of Intent with the Office of
the Secretary and the Bureau Chief, Media Bureau.
47 CFR 76.1503(b)(2) states that an open video system operator
shall provide the following information to a video programming provider
within five business days of receiving a written request from the
provider, unless otherwise included in the Notice of Intent:
(i) The projected activation date of the open video system. If a
system is to be activated in stages, the operator should describe the
respective stages and the projected dates on which each stage will be
activated;
(ii) A preliminary carriage rate estimate;
(iii) The information a video programming provider will be required
to provide to qualify as a video programming provider, e.g.,
creditworthiness;
(iv) Technical information that is reasonably necessary for
potential video programming providers to assess whether to seek
capacity on the open video system, including what type of customer
premises equipment subscribers will need to receive service;
(v) Any transmission or reception equipment needed by a video
programming provider to interface successfully with the open video
system; and
(vi) The equipment available to facilitate the carriage of
unaffiliated video programming and the electronic form(s) that will be
accepted for processing and subsequent transmission through the system.
47 CFR 76.1504(d) states complaints regarding rates shall be
limited to video programming providers that have sought carriage on the
open video system. If a video programming provider files a complaint
against an open video system operator meeting the above just and
reasonable rate presumption, the burden of proof will rest with the
complainant. If a complaint is filed against an open video system
operator that does not meet the just and reasonable rate presumption,
the open video system operator will bear the burden of proof to
demonstrate, using the principles set forth below, that the carriage
rates subject to the complaint are just and reasonable.
47 CFR 76.1504(e) states how reasonable rates subject to complaints
are determined and what tests must be met for such determinations.
47 CFR 76.1505(d)(8) states the open video system operator and/or
the local franchising authority may file a complaint with the
Commission, pursuant to our dispute resolution procedures set forth in
Sec. 76.1514, if the open video system operator and the local
franchising authority cannot agree as to the application of the
Commission's rules regarding the open video system operator's public,
educational and governmental access obligations under paragraph (d) of
this section.
47 CFR 76.1506(l)(2) states must-carry/retransmission consent
election notifications shall be sent to the open video system operator.
An open video system operator shall make all must-carry/retransmission
consent election notifications received available to the appropriate
programming providers on its system.
(3) Television broadcast stations are required to make the same
election for open video systems and cable systems serving the same
geographic area, unless the overlapping open video system is unable to
deliver appropriate signals in conformance with the broadcast station's
elections for all cable systems serving the same geographic area.
(4) An open video system commencing new operations shall notify all
local commercial and noncommercial broadcast stations as required under
paragraph (l) of this section on or before the date on which it files
with the Commission its Notice of Intent to establish an open video
system.
47 CFR 76.1506(m)(2) states that notification of programming to be
deleted pursuant to this section shall be served on the open video
system operator. The open video system operator shall make all
notifications immediately available to the appropriate video
programming providers on its open video system. Operators may effect
the deletion of signals for which they have received deletion notices
unless they receive notice within a reasonable time from the
appropriate programming provider that the rights claimed are invalid.
The open video system operator shall not delete signals for which it
has received notice from the programming provider that the rights
claimed are invalid. An open video system operator shall be subject to
sanctions for any violation of this subpart. An open video system
operator may require indemnification as a condition of carriage for any
sanctions it may incur in reliance on a programmer's claim that certain
exclusive or non-duplication rights are invalid.
47 CFR 76.1508(c) states any provision of Sec. 76.94 that refers
to a ``cable system operator'' or ``cable television system operator''
shall apply to an open video system operator. Any provision of Sec.
76.94 that refers to a ``cable system'' or ``cable television system''
shall apply to an open video system except Sec. 76.94 (e) and (f)
which shall apply to an open video system operator. Open video system
operators shall make all notifications and information regarding the
exercise of network non-duplication rights immediately available to all
appropriate video programming provider on the system. An open video
system operator shall not be subject to sanctions for any violation of
these rules by an unaffiliated program supplier if the operator
provided proper notices to the program supplier and subsequently took
prompt steps to stop the distribution of the infringing program once it
was notified of a violation.
47 CFR 76.1509(c) states any provision of Sec. 76.155 that refers
to a ``cable system operator'' or ``cable television system operator''
shall apply to an open video system operator. Any provision of Sec.
76.155 that refers to a ``cable system'' or ``cable television system''
shall apply to an open video system except Sec. 76.155(c) which shall
apply to an open video system operator. Open video system operators
shall make all notifications and information regarding exercise of
syndicated program exclusivity rights immediately available to all
appropriate video programming provider on the system. An open video
system operator shall not be subject to sanctions for any violation of
these rules by an unaffiliated program supplier if the operator
provided proper notices to the program supplier and
[[Page 20355]]
subsequently took prompt steps to stop the distribution of the
infringing program once it was notified of a violation.
47 CFR 76.1513(a) states any party aggrieved by conduct that it
believes constitute a violation of the regulations set forth in this
part or in section 653 of the Communications Act (47 U.S.C. 573) may
commence an adjudicatory proceeding at the Commission to obtain
enforcement of the rules through the filing of a complaint. The
Commission shall resolve any such dispute within 180 days after the
filing of a complaint. The complaint shall be filed and responded to in
accordance with the procedures specified in Sec. 76.7 of this part
with the following additions or changes.
47 CFR 76.1513(b) requires 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 76.1513(c) states 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
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 76.1513(d) states that in addition to the requirements of
Sec. 76.7 of this part, an open video system complaint shall contain:
(1) The type of entity that describes complainant (e.g.,
individual, private association, partnership, or corporation), the
address and telephone number of the complainant, and the address and
telephone number of each defendant;
(2) If discrimination in rates, terms, and conditions of carriage
is alleged, documentary evidence shall be submitted such as a
preliminary carriage rate estimate or a programming contract that
demonstrates a differential in price, terms or conditions between
complainant and a competing video programming provider or, if no
programming contract or preliminary carriage rate estimate is submitted
with the complaint, an affidavit signed by an officer of complainant
alleging that a differential in price, terms or conditions exists, a
description of the nature and extent (if known or reasonably estimated
by the complainant) of the differential, together with a statement that
defendant refused to provide any further specific comparative
information;
Note to paragraph (d)(2): Upon request by a complainant, the
preliminary carriage rate estimate shall include a calculation of the
average of the carriage rates paid by the unaffiliated video
programming providers receiving carriage from the open video system
operator, including the information needed for any weighting of the
individual carriage rates that the operator has included in the average
rate.
(3) If a programming contract or a preliminary carriage rate
estimate is submitted with the complaint in support of the alleged
violation, specific references to the relevant provisions therein.
(4) The complaint must be accompanied by appropriate evidence
demonstrating that the required notification pursuant to paragraph (c)
of this section has been made.
47 CFR 76.1513(e)(1) requires that any open video system operator
upon which a complaint is served under this section shall answer within
thirty (30) days of service of the complaint, unless otherwise directed
by the Commission.
47 CFR 76.1513(e)(2) states that an answer to a discrimination
complaint shall state the reasons for any differential in prices, terms
or conditions between the complainant and its competitor, and shall
specify the particular justification relied upon in support of the
differential. Any documents or contracts submitted pursuant to this
paragraph may be protected as proprietary pursuant to Sec. 76.9 of
this part.
47 CFR 76.1513(f) states that 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 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 the following events occurs:
(1) The open video system operator enters into a contract with the
complainant that the complainant alleges to violate one or more of the
rules contained in this part; or
(2) The open video system operator offers to carry programming for
the complainant pursuant to terms that the complainant alleges to
violate one or more of the rules contained in this part, and such offer
to carry programming is unrelated to any existing contract between the
complainant and the open video system operator; or
(3) The complainant has notified an open video system operator that
it intends to file a complaint with the Commission based on a request
for such operator to carry the complainant's programming on its open
video system that has been denied or unacknowledged, allegedly in
violation of one or more of the rules contained in this part.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-8818 Filed 4-16-10; 8:45 am]
BILLING CODE: 6712-01-S
