Information Collection Being Reviewed by the Federal Communications Commission, 55061-55065 [2011-22616]
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Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Notices
• Calculating and estimating the
values of these vulnerability indicators,
including establishing important
indicator thresholds that reflect abrupt
or large changes in the vulnerability of
water quality or aquatic ecosystems;
• Mapping these vulnerability
indicators nationally, including data
availability and spatial aggregation of
the data; and
• Combining and compositing
indicators and developing multiindicator indices of vulnerability.
This report is intended to be a
building block for future work on multistressor global change vulnerability
assessments. Hopefully, it will
contribute to improve links between the
decision support needs of the water
quality and aquatic ecosystem
management communities and the
priorities and capabilities of the global
change science data and modeling
communities.
Dated: August 15, 2011.
Joseph DeSantis,
Acting Director, National Center for
Environmental Assessment.
[FR Doc. 2011–22669 Filed 9–2–11; 8:45 am]
BILLING CODE 6560–50–P
Comments must be submitted on
or before October 6, 2011.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
Two Proposed CERCLA Administrative
Settlement Agreements for Long-Term
Access at the Bountiful/Woods Cross
5th South PCE Plume NPL Site, Davis
County, UT
Environmental Protection
Agency.
ACTION: Notice; Request for public
comment.
AGENCY:
In accordance with section
122(h)(1) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended (CERCLA), 42 U.S.C.
9622(h)(1), notice is hereby given of two
proposed Administrative Settlement
Agreements for long-term access at the
Bountiful/Woods Cross 5th South PCE
Plume Site. The PCE plume extends in
area through the Cities of Bountiful,
West Bountiful and Woods Cross in
Davis County, Utah. The proposed
Settlement Agreements are with Davis
County and Security Investment Ltd.
(hereinafter jointly referred to as
‘‘settling parties’’). The Settlement
Agreements require the settling parties
to provide the U.S. Environmental
Protection Agency (EPA) and the Utah
Department of Environmental Quality
SUMMARY:
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The proposed Settlement
Agreements are also available for public
inspection at the EPA Region 8 Records
Center located on the second floor at
1595 Wynkoop Street, in Denver,
Colorado, during normal business
hours. A copy of the proposed
settlement(s) may be obtained from
Carol Pokorny, Enforcement Specialist,
U.S. EPA, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Ms.
Pokorny can be reached at (303) 312–
6970. Comments should reference the
Bountiful/Woods Cross 5th South PCE
Plume NPL Site, the EPA Docket No.
CERCLA–08–2011–015 and EPA Docket
No. CERCLA–08–2011–016, and should
be addressed to Ms. Pokorny at the
address given above.
ADDRESSES:
[FRL–9459–6]
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with long-term access (estimated to be
approximately 60 years) for the
construction, operation and
maintenance of the PCE plume pump
and treat infrastructure. In exchange, the
settling parties’ potential CERCLA civil
liability at their respective properties
will be resolved. The Settlement
Agreements include an EPA covenant
not to sue the settling parties pursuant
to sections 106 and 107 of CERCLA, 42
U.S.C. 9606 and 9607. For thirty (30)
days following the date of publication of
this notice, the United States will
receive written comments relating to
either or both of the Settlement
Agreements. The United States will
consider all comments received and
may modify or withdraw its consent to
the Settlement Agreements if comments
received disclose facts or considerations
which indicate that the Settlement
Agreements are inappropriate,
improper, or inadequate. The United
States’ response to any comments
received will be available for public
inspection at the Davis County Library,
South Branch, 725 South Main Street, in
Bountiful, UT 84010–6326. (801) 294–
4054.
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FOR FURTHER INFORMATION CONTACT:
Carol Pokorny, USEPA, Technical
Enforcement Program, 1595 Wynkoop
Street, Denver, Colorado 80202–1129.
Telephone: (303) 312–6970.
Dated: August 26, 2011.
Andrew M. Gaydosh,
Assistant Regional Administrator, U.S.
Environmental Protection Agency, Region 8.
[FR Doc. 2011–22672 Filed 9–2–11; 8:45 am]
BILLING CODE 6560–50–P
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FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission (FCC), as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
other Federal agencies to take this
opportunity to comment on the
following information collection, as
required by the Paperwork Reduction
Act (PRA) of 1995. 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 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
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before November 7,
2011. 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
the Federal Communications
Commission via e-mail to PRA@fcc.gov
and Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0888.
Title: Section 1.221, Notice of hearing;
appearances; Section 1.229 Motions to
SUMMARY:
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enlarge, change, or delete issues;
Section 1.248 Prehearing conferences;
hearing conferences; 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 forprofit.
Number of Respondents and
Responses: 668 respondents; 668
responses.
Estimated Time per Response: 6 to 88
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 collection of
information is contained in Sections
4(i), 303(r), and 616 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 31,396 hours.
Total Annual Cost: $2,505,000.
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.
Needs and Uses: On August 1, 2011,
the Commission adopted a Second
Report and Order, Leased Commercial
Access; Development of Competition
and Diversity in Video Programming
Distribution and Carriage, MB Docket
No. 07–42, FCC 11–119. In the Second
Report and Order, the Commission took
initial steps to improve the procedures
for addressing program carriage
complaints by: (i) Codifying in the
Commission’s rules what a program
carriage complainant must demonstrate
in its complaint to establish a prima
facie case of a program carriage
violation; (ii) providing the defendant
with 60 days (rather than the current 30
days) to file an answer to a program
carriage complaint; (iii) establishing
deadlines for action by the Media
Bureau and Administrative Law Judges
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(‘‘ALJ’’) when acting on program
carriage complaints; and (iv)
establishing procedures for the Media
Bureau’s consideration of requests for a
temporary standstill of the price, terms,
and other conditions of an existing
programming contract by a program
carriage complainant seeking renewal of
such a contract.
The following rule sections contain
new or revised information collection
requirements that the Commission is
seeking approval for from the Office of
Management and Budget (OMB):
47 CFR 1.221(h) requires that, in a
program carriage complaint proceeding
filed pursuant to Section 76.1302 that
the Chief, Media Bureau refers to an
administrative law judge for an initial
decision, each party, in person or by
attorney, shall file a written appearance
within five calendar days after the party
informs the Chief Administrative Law
Judge that it elects not to pursue
alternative dispute resolution pursuant
to Section 76.7(g)(2) or, if the parties
have mutually elected to pursue
alternative dispute resolution pursuant
to Section 76.7(g)(2), within five
calendar days after the parties inform
the Chief Administrative Law Judge that
they have failed to resolve their dispute
through alternative dispute resolution.
The written appearance shall state that
the party will appear on the date fixed
for hearing and present evidence on the
issues specified in the hearing
designation order.
47 CFR 1.229(b)(3) requires that, in a
program carriage complaint proceeding
filed pursuant to Section 76.1302 that
the Chief, Media Bureau refers to an
administrative law judge for an initial
decision, a motion to enlarge, change, or
delete issues shall be filed within 15
calendar days after the deadline for
submitting written appearances
pursuant to Section 1.221(h), except that
persons not named as parties to the
proceeding in the designation order may
file such motions with their petitions to
intervene up to 30 days after publication
of the full text or a summary of the
designation order in the Federal
Register.
47 CFR 1.229(b)(4) provides that any
person desiring to file a motion to
modify the issues after the expiration of
periods specified in paragraphs (a),
(b)(1), (b)(2), and (b)(3) of 47 CFR
Section 1.229, shall set forth the reason
why it was not possible to file the
motion within the prescribed period.
47 CFR 1.248(a) provides that the
initial prehearing conference as directed
by the Commission shall be scheduled
30 days after the effective date of the
order designating a case for hearing,
unless good cause is shown for
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scheduling such conference at a later
date, except that for program carriage
complaints filed pursuant to Section
76.1302 that the Chief, Media Bureau
refers to an administrative law judge for
an initial decision, the initial prehearing
conference shall be held no later than 10
calendar days after the deadline for
submitting written appearances
pursuant to Section 1.221(h) or within
such shorter or longer period as the
Commission may allow on motion or
notice consistent with the public
interest.
47 CFR 1.248(b) provides that the
initial prehearing conference as directed
by the presiding officer shall be
scheduled 30 days after the effective
date of the order designating a case for
hearing, unless good cause is shown for
scheduling such conference at a later
date, except that for program carriage
complaints filed pursuant to Section
76.1302 that the Chief, Media Bureau
refers to an administrative law judge for
an initial decision, the initial prehearing
conference shall be held no later than 10
calendar days after the deadline for
submitting written appearances
pursuant to Section 1.221(h) or within
such shorter or longer period as the
presiding officer may allow on motion
or notice consistent with the public
interest.
47 CFR 76.7(g)(2) provides that, in a
proceeding initiated pursuant to Section
76.7 that is referred to an administrative
law judge, the parties may elect to
resolve the dispute through alternative
dispute resolution procedures, or may
proceed with an adjudicatory hearing,
provided that the election shall be
submitted in writing to the Commission
and the Chief Administrative Law
Judge.
47 CFR 76.1302(c)(1) provides that a
program carriage complaint filed
pursuant to Section 76.1302 must
contain the following: whether the
complainant is a multichannel video
programming distributor or video
programming vendor, and, in the case of
a multichannel video programming
distributor, identify the type of
multichannel video programming
distributor, the address and telephone
number of the complainant, what type
of multichannel video programming
distributor the defendant is, and the
address and telephone number of each
defendant.
47 CFR 76.1302(d) sets forth the
evidence that a program carriage
complaint filed pursuant to Section
76.1302 must contain in order to
establish a prima facie case of a
violation of Section 76.1301.
47 CFR 76.1302(e)(1) provides that a
multichannel video programming
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distributor upon whom a program
carriage complaint filed pursuant to
Section 76.1302 is served shall answer
within sixty (60) days of service of the
complaint, unless otherwise directed by
the Commission.
47 CFR 76.1302(k) permits a program
carriage 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. To allow for
sufficient time to consider the petition
for temporary standstill prior to the
expiration of the existing programming
contract, the petition for temporary
standstill and complaint shall be filed
no later than thirty (30) days prior to the
expiration of the existing programming
contract.
The following rule sections are also
covered in this information collection
but do not require additional OMB
review and approval:
47 CFR 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 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 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
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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 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 Sections 76.56 and 76.57,
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 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 mustcarry 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 overthe-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 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 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, cableaffiliated programming, 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
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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
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, a complainant that
wants a currently pending complaint
involving terrestrially delivered, cableaffiliated programming considered
under the rules 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 and the defendant will have
an opportunity to answer the
supplemental filing, as set forth in the
rules.
47 CFR 76.1003(a) permits any
multichannel video programming
distributor (MVPD) aggrieved by
conduct that it believes constitutes a
violation of he 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 compliant,
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 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
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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 determines the
nature of the potential complainant. The
potential complainant must allow a
minimum of ten (10) days for the
potential defendant(s) to respond before
filing complaint with the Commission.
47 CFR 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 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 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 76.1003(e)(1) requires a cable
operator, satellite cable programming
vendor, or satellite broadcast
programming vendor that expressly
references and relies upon a document
in asserting a defense to a program
access complaint filed pursuant to
Section 76.1003 or in responding to a
material allegation in a program access
complaint filed pursuant to Section
76.1003, to include such document or
documents 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 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.
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47 CFR 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 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 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 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 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 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.
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47 CFR 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.
47 CFR Section 76.1302(a) permits
any video programming vendor or
multichannel video programming
distributor aggrieved by conduct that it
believes constitutes a violation of the
FCC’s regulation of carriage agreements
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
76.1302.
47 CFR 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 76.1302(c) specifies the
content of carriage agreement
complaints.
47 CFR 76.1302(e) states that an
answer to a program carriage complaint
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. (This subsection has been
redesignated from subsection (d) to
subsection (e).)
47 CFR 76.1302(f) 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. (This subsection has been
redesignated from subsection (e) to
subsection (f).)
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47 CFR 76.1302(h) 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. (This subsection has been
redesignated from subsection (f) to
subsection (h).)
47 CFR 76.1302(j)(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. (This subsection has been
redesignated from subsection (g) to
subsection (j).)
47 CFR 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 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 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
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) describes the
contents of an open video system
complaint.
47 CFR 76.1513(e) addresses answers
to open video system complaints.
47 CFR 76.1513(f) states within
twenty (20) days after service of an
answer, the complainant may file and
VerDate Mar<15>2010
18:00 Sep 02, 2011
Jkt 223001
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 three events
occurs.
47 CFR 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.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary,
Office of Managing Director.
[FR Doc. 2011–22616 Filed 9–2–11; 8:45 am]
55065
Heritage Bank, both in Paso Robles,
California.
B. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. Gregory J. Weed, Cheyenne Wells,
Colorado; to acquire voting shares of
Weed Investment Group, Inc., and
thereby indirectly acquire voting shares
of The Eastern Colorado Bank, both in
Cheyenne Wells, Colorado.
Board of Governors of the Federal Reserve
System, August 31, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2011–22641 Filed 9–2–11; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
BILLING CODE 6712–01–P
[Document Identifier: OS–0990–New]
FEDERAL RESERVE SYSTEM
Agency Information Collection
Request; 60-Day Public Comment
Request
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
AGENCY:
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than
September 20, 2011.
A. Federal Reserve Bank of
Philadelphia (William Lang, Senior Vice
President) 100 North 6th Street,
Philadelphia, Pennsylvania 19105–
1521:
1. Patriot Financial Partners, GP, L.P.;
Patriot Financial Partners, L.P.; Patriot
Financial Partners Parallel, L.P.; Patriot
Financial Partners, GP, LLC; Patriot
Financial Managers, L.P.; Patriot
Financial Managers LLC; and Ira M.
Lubert; W. Kirk Wycoff, and James J.
Lynch, all of Philadelphia,
Pennsylvania; to acquire voting shares
of Heritage Oakes Bancorp, and thereby
indirectly acquire voting shares of
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed information collection request
for public comment. Interested persons
are invited to send comments regarding
this burden estimate or any other aspect
of this collection of information,
including any of the following subjects:
(1) The necessity and utility of the
proposed information collection for the
proper performance of the agency’s
functions; (2) the accuracy of the
estimated burden; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4) the
use of automated collection techniques
or other forms of information
technology to minimize the information
collection burden.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, e-mail your request,
including your address, phone number,
OMB number, and OS document
identifier, to
Sherette.funncoleman@hhs.gov, or call
the Reports Clearance Office on (202)
690–5683. Written comments and
recommendations for the proposed
information collections must be directed
to the OS Paperwork Clearance Officer
at the above e-mail address within 60days.
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Pages 55061-55065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22616]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection, as required by the Paperwork
Reduction Act (PRA) of 1995. 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
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 PRA that does not display a valid Office of
Management and Budget (OMB) control number.
DATES: Written PRA comments should be submitted on or before November
7, 2011. 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 the Federal Communications
Commission via e-mail to PRA@fcc.gov and Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0888.
Title: Section 1.221, Notice of hearing; appearances; Section 1.229
Motions to
[[Page 55062]]
enlarge, change, or delete issues; Section 1.248 Prehearing
conferences; hearing conferences; 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: 668 respondents; 668
responses.
Estimated Time per Response: 6 to 88 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 collection of information is contained in
Sections 4(i), 303(r), and 616 of the Communications Act of 1934, as
amended.
Total Annual Burden: 31,396 hours.
Total Annual Cost: $2,505,000.
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.
Needs and Uses: On August 1, 2011, the Commission adopted a Second
Report and Order, Leased Commercial Access; Development of Competition
and Diversity in Video Programming Distribution and Carriage, MB Docket
No. 07-42, FCC 11-119. In the Second Report and Order, the Commission
took initial steps to improve the procedures for addressing program
carriage complaints by: (i) Codifying in the Commission's rules what a
program carriage complainant must demonstrate in its complaint to
establish a prima facie case of a program carriage violation; (ii)
providing the defendant with 60 days (rather than the current 30 days)
to file an answer to a program carriage complaint; (iii) establishing
deadlines for action by the Media Bureau and Administrative Law Judges
(``ALJ'') when acting on program carriage complaints; and (iv)
establishing procedures for the Media Bureau's consideration of
requests for a temporary standstill of the price, terms, and other
conditions of an existing programming contract by a program carriage
complainant seeking renewal of such a contract.
The following rule sections contain new or revised information
collection requirements that the Commission is seeking approval for
from the Office of Management and Budget (OMB):
47 CFR 1.221(h) requires that, in a program carriage complaint
proceeding filed pursuant to Section 76.1302 that the Chief, Media
Bureau refers to an administrative law judge for an initial decision,
each party, in person or by attorney, shall file a written appearance
within five calendar days after the party informs the Chief
Administrative Law Judge that it elects not to pursue alternative
dispute resolution pursuant to Section 76.7(g)(2) or, if the parties
have mutually elected to pursue alternative dispute resolution pursuant
to Section 76.7(g)(2), within five calendar days after the parties
inform the Chief Administrative Law Judge that they have failed to
resolve their dispute through alternative dispute resolution. The
written appearance shall state that the party will appear on the date
fixed for hearing and present evidence on the issues specified in the
hearing designation order.
47 CFR 1.229(b)(3) requires that, in a program carriage complaint
proceeding filed pursuant to Section 76.1302 that the Chief, Media
Bureau refers to an administrative law judge for an initial decision, a
motion to enlarge, change, or delete issues shall be filed within 15
calendar days after the deadline for submitting written appearances
pursuant to Section 1.221(h), except that persons not named as parties
to the proceeding in the designation order may file such motions with
their petitions to intervene up to 30 days after publication of the
full text or a summary of the designation order in the Federal
Register.
47 CFR 1.229(b)(4) provides that any person desiring to file a
motion to modify the issues after the expiration of periods specified
in paragraphs (a), (b)(1), (b)(2), and (b)(3) of 47 CFR Section 1.229,
shall set forth the reason why it was not possible to file the motion
within the prescribed period.
47 CFR 1.248(a) provides that the initial prehearing conference as
directed by the Commission shall be scheduled 30 days after the
effective date of the order designating a case for hearing, unless good
cause is shown for scheduling such conference at a later date, except
that for program carriage complaints filed pursuant to Section 76.1302
that the Chief, Media Bureau refers to an administrative law judge for
an initial decision, the initial prehearing conference shall be held no
later than 10 calendar days after the deadline for submitting written
appearances pursuant to Section 1.221(h) or within such shorter or
longer period as the Commission may allow on motion or notice
consistent with the public interest.
47 CFR 1.248(b) provides that the initial prehearing conference as
directed by the presiding officer shall be scheduled 30 days after the
effective date of the order designating a case for hearing, unless good
cause is shown for scheduling such conference at a later date, except
that for program carriage complaints filed pursuant to Section 76.1302
that the Chief, Media Bureau refers to an administrative law judge for
an initial decision, the initial prehearing conference shall be held no
later than 10 calendar days after the deadline for submitting written
appearances pursuant to Section 1.221(h) or within such shorter or
longer period as the presiding officer may allow on motion or notice
consistent with the public interest.
47 CFR 76.7(g)(2) provides that, in a proceeding initiated pursuant
to Section 76.7 that is referred to an administrative law judge, the
parties may elect to resolve the dispute through alternative dispute
resolution procedures, or may proceed with an adjudicatory hearing,
provided that the election shall be submitted in writing to the
Commission and the Chief Administrative Law Judge.
47 CFR 76.1302(c)(1) provides that a program carriage complaint
filed pursuant to Section 76.1302 must contain the following: whether
the complainant is a multichannel video programming distributor or
video programming vendor, and, in the case of a multichannel video
programming distributor, identify the type of multichannel video
programming distributor, the address and telephone number of the
complainant, what type of multichannel video programming distributor
the defendant is, and the address and telephone number of each
defendant.
47 CFR 76.1302(d) sets forth the evidence that a program carriage
complaint filed pursuant to Section 76.1302 must contain in order to
establish a prima facie case of a violation of Section 76.1301.
47 CFR 76.1302(e)(1) provides that a multichannel video programming
[[Page 55063]]
distributor upon whom a program carriage complaint filed pursuant to
Section 76.1302 is served shall answer within sixty (60) days of
service of the complaint, unless otherwise directed by the Commission.
47 CFR 76.1302(k) permits a program carriage 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. To allow for sufficient
time to consider the petition for temporary standstill prior to the
expiration of the existing programming contract, the petition for
temporary standstill and complaint shall be filed no later than thirty
(30) days prior to the expiration of the existing programming contract.
The following rule sections are also covered in this information
collection but do not require additional OMB review and approval:
47 CFR 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 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 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 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 Sections 76.56 and 76.57, 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 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 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 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 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 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, a
complainant that wants a currently pending complaint involving
terrestrially delivered, cable-affiliated programming considered under
the rules 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 and the defendant will have an opportunity to answer the
supplemental filing, as set forth in the rules.
47 CFR 76.1003(a) permits any multichannel video programming
distributor (MVPD) aggrieved by conduct that it believes constitutes a
violation of he 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 compliant, 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 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
[[Page 55064]]
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 determines the nature of the
potential complainant. The potential complainant must allow a minimum
of ten (10) days for the potential defendant(s) to respond before
filing complaint with the Commission.
47 CFR 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 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 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 76.1003(e)(1) requires a cable operator, satellite cable
programming vendor, or satellite broadcast programming vendor that
expressly references and relies upon a document in asserting a defense
to a program access complaint filed pursuant to Section 76.1003 or in
responding to a material allegation in a program access complaint filed
pursuant to Section 76.1003, to include such document or documents 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 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 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 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 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 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 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 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 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.
47 CFR Section 76.1302(a) permits any video programming vendor or
multichannel video programming distributor aggrieved by conduct that it
believes constitutes a violation of the FCC's regulation of carriage
agreements 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 76.1302.
47 CFR 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 76.1302(c) specifies the content of carriage agreement
complaints.
47 CFR 76.1302(e) states that an answer to a program carriage
complaint 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. (This subsection has been redesignated from
subsection (d) to subsection (e).)
47 CFR 76.1302(f) 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.
(This subsection has been redesignated from subsection (e) to
subsection (f).)
[[Page 55065]]
47 CFR 76.1302(h) 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. (This subsection has been redesignated from
subsection (f) to subsection (h).)
47 CFR 76.1302(j)(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. (This subsection
has been redesignated from subsection (g) to subsection (j).)
47 CFR 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 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 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
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) describes the contents of an open video system
complaint.
47 CFR 76.1513(e) addresses answers to open video system
complaints.
47 CFR 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 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 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.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-22616 Filed 9-2-11; 8:45 am]
BILLING CODE 6712-01-P
