Leased Commercial Access; Development of Competition and Diversity in Video Programming Distribution and Carriage, 6479-6481 [2012-2910]
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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations
I. National Technology Transfer and
Advancement Act
In addition, since this action does not
involve any technical standards, section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note), does not
apply to this action.
J. Executive Order 12898
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994).
X. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: February 1, 2012.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and
Toxics.
Therefore, 40 CFR part 721 is
amended as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Amend § 721.9719 as follows:
a. Revise paragraphs (a)(1), (a)(2)(i),
and (a)(2)(ii).
■ b. Remove paragraph (a)(2)(iii).
■ c. Revise paragraph (b)(1).
■ d. Remove paragraph (b)(3).
The revisions read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
■
§ 721.9719
(generic).
Tris carbamoyl triazine
(a) * * *
(1) The chemical substance identified
generically as tris carbamoyl triazine
(PMN P–95–1098) is subject to reporting
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14:44 Feb 07, 2012
Jkt 226001
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
rule do not apply to quantities of the
chemical substance after it has been
completely reacted (cured).
(2) * * *
(i) Protection in the workplace.
Requirements as specified in § 721.63
(a)(4), (a)(6)(v), (b) (concentration set at
1.0 percent), and (c). Respirators must
provide a National Institute for
Occupational Safety and Health
(NIOSH) assigned protection factor
(APF) of at least 5. As an alternative to
the respiratory requirements listed, a
manufacturer, importer, or processor
may choose to follow the new chemical
exposure limit (NCEL) provisions listed
in the Toxic Substances Control Act
(TSCA) section 5(e) consent order for
this substance. The NCEL is 1.0 mg/m3
as an 8-hour time weighted average.
Persons who wish to pursue NCELs as
an alternative to the § 721.63 respirator
requirements may request to do so
under § 721.30. Persons whose § 721.30
requests to use the NCELs approach are
approved by EPA will receive NCELs
provisions comparable to those
contained in the corresponding section
5(e) consent order. The following
NIOSH-certified respirators meet the
requirements for § 721.63(a)(4):
(A) Air purifying, tight-fitting halfface respirator equipped with the
appropriate combination cartridges;
cartridges should be tested and
approved for the gas/vapor substance
(i.e., organic vapor, acid gas, or
substance-specific cartridge) and should
include a particulate filter (N100 if oil
aerosols are absent, R100, or P100);
(B) Air purifying, tight-fitting full-face
respirator equipped with the
appropriate combination cartridges;
cartridges should be tested and
approved for the gas/vapor substance
(i.e., organic vapor, acid gas, or
substance-specific cartridge) and should
include a particulate filter (N100 if oil
aerosols are absent, R100, or P100);
(C) Powered air-purifying respirator
equipped with loose-fitting hood or
helmet equipped with a High Efficiency
Particulate Air (HEPA) filter; powered
air-purifying respirator equipped with
tight-fitting facepiece (either half-face or
full-face) equipped with a HEPA filter;
(D) Supplied-air respirator operated in
pressure demand or continuous flow
mode and equipped with a hood or
helmet, or tight-fitting face piece (either
half-face or full-face).
(ii) Hazard communication program.
Requirements as specified in § 721.72
(a), (b), (c), (d), (e) (concentration set at
1.0 percent), (f), (g)(1)(ii), (g)(1)(iv),
(g)(1)(ix), (g)(2)(ii), (g)(2)(iv), and (g)(5).
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(b) * * *
(1) Recordkeeping. Recordkeeping
requirements as specified in § 721.125
(a), (b), (c), (d), (f), (g), and (h) are
applicable to manufacturers, importers,
and processors of this substance.
*
*
*
*
*
[FR Doc. 2012–2909 Filed 2–7–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 76
[MB Docket No. 07–42; FCC 11–119]
Leased Commercial Access;
Development of Competition and
Diversity in Video Programming
Distribution and Carriage
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s rules contained in the
Second Report and Order, FCC 11–119,
pertaining to carriage of video
programming vendors by multichannel
video programming distributors
(program carriage rules). This notice is
consistent with the Secord Report and
Order, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date of those rules.
DATES: The amendments to 47 CFR
1.221(h), 1.229(b)(3), 1.229(b)(4),
1.248(a), 1.248(b), 76.7(g)(2),
76.1302(c)(1), 76.1302(d), 76.1302(e)(1),
and 76.1302(k) published at 76 FR
60652, September 29, 2011, are effective
on February 8, 2012.
FOR FURTHER INFORMATION CONTACT:
Cathy Williams at (202) 418–2918, or
email: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on January
30, 2012, OMB approved, for a period of
three years, the information collection
requirements relating to the program
carriage rules contained in the
Commission’s Second Report and Order,
FCC 11–119, published at 76 FR 60652,
September 29, 2011. The OMB Control
Number is 3060–0888. The Commission
publishes this notice as an
announcement of the effective date of
the rules. If you have any comments on
the burden estimates listed below, or
how the Commission can improve the
SUMMARY:
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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with RULES
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Number, 3060–0888, in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on January
30, 2012, for the information collection
requirements contained in the
modifications to the Commission’s rules
in 47 CFR parts 1 and 76.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB 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 that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0888.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0888.
OMB Approval Dates: January 30,
2012.
OMB Expiration Date: January 31,
2015.
Title: Section 1.221, Notice of hearing;
appearances; Section 1.229 Motions to
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: N/A.
Respondents: Business or other forprofit entities.
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14:44 Feb 07, 2012
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Number of Respondents and
Responses: 668 respondents; 668
responses.
Estimated Time per Response: 6.1 to
90.5 hours.
Frequency of Response: On occasion
reporting requirement, Third party
disclosure requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 4(i), 303(r), and
616 Communications Act of 1934, as
amended.
Total Annual Burden: 32,264 hours.
Total Annual Cost: $2,705,400.
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information (PII) from individuals.
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 and the Commission
received final approval for the
requirements from the Office of
Management and Budget (OMB) on
January 30, 2012:
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
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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 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
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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations
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
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
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14:44 Feb 07, 2012
Jkt 226001
expiration of the existing programming
contract.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2012–2910 Filed 2–7–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 11–192; RM–11646, DA 12–
91]
Television Broadcasting Services;
Lincoln, NE
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission issues this
final rule in response to a petition for
rulemaking filed by Lincoln
Broadcasting, LLC (‘‘LBL’’), licensee of
KFXL–TV, channel 51, Lincoln,
Nebraska, requesting the substitution of
channel 15 for channel 51 at Lincoln.
While the Commission instituted a
freeze on the acceptance of full power
television rulemaking petitions
requesting channel substitutions in May
2011, it subsequently announced that it
would lift the freeze to accept such
petitions for rulemaking seeking to
relocate from channel 51 pursuant to a
voluntary relocation agreement with
Lower 700 MHz A Block licensees.
Furthermore, according to LBL, this
channel substitution is in the public
interest as it will increase the station’s
service area by almost 700, 000 persons.
DATES: This rule is effective March 9,
2012.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk,
adrienne.denysyk@fcc.gov, Media
Bureau, (202) 418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 11–192,
adopted January 26, 2012, and released
January 27, 2012. The full text of this
document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street SW., Washington,
DC, 20554. This document will also be
available via ECFS (https://
fjallfoss.fcc.gov/ecfs/). This document
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
SUMMARY:
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6481
Washington, DC 20554, telephone
1–(800) 478–3160 or via the company’s
Web site, https://www.bcipweb.com. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
Final rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Nebraska, is amended by
removing channel 51 and adding
channel 15 at Lincoln.
■
[FR Doc. 2012–2748 Filed 2–7–12; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Rules and Regulations]
[Pages 6479-6481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2910]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 76
[MB Docket No. 07-42; FCC 11-119]
Leased Commercial Access; Development of Competition and
Diversity in Video Programming Distribution and Carriage
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection associated with the Commission's rules
contained in the Second Report and Order, FCC 11-119, pertaining to
carriage of video programming vendors by multichannel video programming
distributors (program carriage rules). This notice is consistent with
the Secord Report and Order, which stated that the Commission would
publish a document in the Federal Register announcing the effective
date of those rules.
DATES: The amendments to 47 CFR 1.221(h), 1.229(b)(3), 1.229(b)(4),
1.248(a), 1.248(b), 76.7(g)(2), 76.1302(c)(1), 76.1302(d),
76.1302(e)(1), and 76.1302(k) published at 76 FR 60652, September 29,
2011, are effective on February 8, 2012.
FOR FURTHER INFORMATION CONTACT: Cathy Williams at (202) 418-2918, or
email: Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This document announces that, on January 30,
2012, OMB approved, for a period of three years, the information
collection requirements relating to the program carriage rules
contained in the Commission's Second Report and Order, FCC 11-119,
published at 76 FR 60652, September 29, 2011. The OMB Control Number is
3060-0888. The Commission publishes this notice as an announcement of
the effective date of the rules. If you have any comments on the burden
estimates listed below, or how the Commission can improve the
[[Page 6480]]
collections and reduce any burdens caused thereby, please contact Cathy
Williams, Federal Communications Commission, Room 1-C823, 445 12th
Street SW., Washington, DC 20554. Please include the OMB Control
Number, 3060-0888, in your correspondence. The Commission will also
accept your comments via email at PRA@fcc.gov.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received final OMB
approval on January 30, 2012, for the information collection
requirements contained in the modifications to the Commission's rules
in 47 CFR parts 1 and 76.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
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
that does not display a current, valid OMB Control Number. The OMB
Control Number is 3060-0888.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0888.
OMB Approval Dates: January 30, 2012.
OMB Expiration Date: January 31, 2015.
Title: Section 1.221, Notice of hearing; appearances; Section 1.229
Motions to 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: N/A.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 668 respondents; 668
responses.
Estimated Time per Response: 6.1 to 90.5 hours.
Frequency of Response: On occasion reporting requirement, Third
party disclosure requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Sections 4(i), 303(r), and 616 Communications Act of 1934, as amended.
Total Annual Burden: 32,264 hours.
Total Annual Cost: $2,705,400.
Nature and Extent of Confidentiality: An assurance of
confidentiality is not offered because this information collection does
not require the collection of personally identifiable information (PII)
from individuals.
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 and the Commission received final approval for
the requirements from the Office of Management and Budget (OMB) on
January 30, 2012:
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 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
[[Page 6481]]
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
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.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-2910 Filed 2-7-12; 8:45 am]
BILLING CODE 6712-01-P
