Information Collections Being Submitted for Review and Approval to the Office of Management and Budget, 69110-69114 [2014-27460]

Download as PDF rmajette on DSK2VPTVN1PROD with NOTICES 69110 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices Title: Broadcast Mid-Term Report, FCC Form 397. Form Number: FCC Form 397. Respondents: Business or other forprofit entities; Not-for-profit institutions. Number of Respondents and Responses: 1,180 respondents and 1,180 responses. Estimated Time per Response: 0.5 hours. Frequency of Response: Mid-point reporting requirement. Total Annual Burden: 590 hours. Total Annual Cost: No costs. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in Sections 154(i) and 303 of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Impact Assessment(s): No impact(s). Needs and Uses: The Broadcast MidTerm Report (FCC Form 397) is required to be filed by each broadcast television station that is part of an employment unit with five or more full-time employees and each broadcast radio station that is part of an employment unit with more than ten full-time employees. It is a data collection device used to assess broadcast compliance with EEO outreach requirements in the middle of license terms that are eight years in duration. OMB Control Number: 3060–0912. Title: Sections 76.501, 76.503 and 76.504, Cable Attribution Rules. Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business and other forprofit entities Number of Respondents and Responses: 40 respondents; 40 responses. Estimated Time per Response: 1 to 4 hours. Frequency of Response: On occasion reporting requirements. Total Annual Burden: 100 hours. Total Annual Costs: No costs. Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 4(i) and 613(f) of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Impact Assessment(s): No impact(s). Needs and Uses: 47 CFR 76.501 Notes 2(f)(1) and 2(f)(3); 47 CFR 76.503 Note VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 2(b)(3); 47 CFR 76.504 Note 1(b)(1) requires limited partners, Registered Limited Liability Partnerships (‘‘RLLPs’’), and Limited Liability Companies (‘‘LLCs’’) attempting to insulate themselves from attribution to file a certification of ‘‘non-involvement’’ with the Commission. LLCs who submit the non-involvement certification are also required to submit a statement certifying that the relevant state statute authorizing LLCs permits an LLC member to insulate itself in the manner required by our criteria. Sections 76.501 Note 2, 76.503 Note 2, and 76.504 Note 1, also provides that officers and directors of an entity are considered to have a cognizable interest in the entity with which they are associated. If any such entity engages in businesses in addition to its primary media business, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to its primary business. The officers and directors of a parent company of a media entity with an attributable interest in any such subsidiary entity shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the media subsidiary and a statement properly documenting this fact is submitted to the Commission. This statement may be included on the Licensee Qualification Report. 47 CFR 76.503 Note 2(b)(1) includes a requirement for limited partners who are not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership to certify that fact or be attributed to a limited partnership interest. 47 CFR 76.503(g) states ‘‘Prior to acquiring additional multichannel video-programming providers, any cable operator that serves 20% or more of multichannel video-programming subscribers nationwide shall certify to the Commission, concurrent with its applications to the Commission for transfer of licenses at issue in the acquisition, that no violation of the national subscriber limits prescribed in this section will occur as a result of such acquisition.’’ Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of the Managing Director. [FR Doc. 2014–27461 Filed 11–19–14; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–1095 and 3060–0888] Information Collections Being Submitted for Review and Approval to the Office of Management and Budget Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communication Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: 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; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; 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 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 OMB 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 OMB control number. DATES: Written comments should be submitted on or before December 22, 2014. 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 contacts below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via email Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via email PRA@ fcc.gov and to Cathy.Williams@fcc.gov. Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the SUMMARY: E:\FR\FM\20NON1.SGM 20NON1 rmajette on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices information collection, contact Cathy Williams at (202) 418–2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <http:// www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called ‘‘Currently Under Review,’’ (3) click on the downward-pointing arrow in the ‘‘Select Agency’’ box below the ‘‘Currently Under Review’’ heading, (4) select ‘‘Federal Communications Commission’’ from the list of agencies presented in the ‘‘Select Agency’’ box, (5) click the ‘‘Submit’’ button to the right of the ‘‘Select Agency’’ box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0888. 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: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Businesses or other forprofit. Number of Respondents and Responses: 684 respondents; 684 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 collection of information is contained in Sections 4(i), 303(r), and 628 of the Communications Act of 1934, as amended. Total Annual Burden: 34,816 hours. Total Annual Cost: $3,160,080. 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 VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 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 October 5, 2012, we released a Report and Order, Revision of the Commission’s Program Access Rules et al., MB Docket No. 12– 68 et al., FCC 12–123 (Oct. 5, 2012) (‘‘R&O’’). In the R&O, we declined to extend the preemptive prohibition on exclusive contracts for satellitedelivered programming between any cable operator and any cable-affiliated programming vendor in served areas beyond its October 5, 2012 expiration date (the ‘‘exclusive contract prohibition’’). The expiration of the exclusive contract prohibition in served areas eliminates the filing of complaints alleging the existence of an impermissible exclusive contract in a served area. Although exclusive contracts in served areas are no longer preemptively prohibited as a result of the R&O, a multichannel video programming distributor (‘‘MVPD’’) may file a program access complaint with the Commission alleging that a particular exclusive contract violates Section 628(b) of the Communications Act of 1934, as amended (the ‘‘Act’’), and Section 76.1001(a) of the Commission’s Rules. 47 U.S.C. 548(b) (prohibiting ‘‘unfair acts’’ that have the ‘‘purpose or effect’’ of ‘‘significantly hindering or preventing’’ the complainant from providing satellite cable programming or satellite broadcast programming); 47 CFR 76.1001(a). 47 CFR 1.221(h) requires that, in a program carriage complaint proceeding filed pursuant to § 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 § 76.7(g)(2) or, if the parties have mutually elected to pursue alternative dispute resolution pursuant to § 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 § 76.1302 that the PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 69111 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 § 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 § 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 § 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 § 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 § 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. 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 E:\FR\FM\20NON1.SGM 20NON1 rmajette on DSK2VPTVN1PROD with NOTICES 69112 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices special relief, waivers, enforcement, show cause, forfeiture and declaratory ruling procedures. 47 CFR 76.7(g)(2) provides that, in a proceeding initiated pursuant to § 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 76.9. 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 mustcarry rules. If a refusal for carriage is VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 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 76.1003(a) permits any multichannel video programming distributor (MVPD) aggrieved by conduct that it believes constitute a violation of the FCC’s competitive access to cable programming rules to commence an adjudicatory proceeding at the FCC to obtain enforcement of the rules through the filing of a complaint, which must be filed and responded to in accordance with the procedures specified in Section 76.7, except to the extent such procedures are modified by Section 76.1003. 47 CFR 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 § 76.7, except to the extent such procedures are modified by §§ 76.1001(b)(2) and 76.1003. In program access cases involving terrestrially delivered, cableaffiliated 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 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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(b) requires any aggrieved MVPD intending to file a complaint under this section to first notify the potential defendant cable operator, and/or the potential defendant satellite cable programming vendor or satellite broadcast programming vendor, that it intends to file a complaint with the Commission based on actions alleged to violate one or more of the provisions contained in Sections 76.1001 or 76.1002 of this part. The notice must be sufficiently detailed so that its recipient(s) can determine the nature of the potential complaint. The potential complainant must allow a minimum of ten (10) days for the potential defendant(s) to respond before filing a complaint with the Commission. 47 CFR 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 § 76.1001(b)(1). 47 CFR 76.1003(d) states that, in a case where recovery of damages is E:\FR\FM\20NON1.SGM 20NON1 rmajette on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 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 cable operators, satellite cable programming vendors, or satellite broadcast programming vendors whom expressly reference and rely upon a document in asserting a defense to a program access complaint filed or in responding to a material allegation in a program access complaint filed pursuant to Section 76.1003, to include such document or documents, such as contracts for carriage of programming referenced and relied on, as part of the answer. Except as otherwise provided or directed by the Commission, any cable operator, satellite cable programming vendor or satellite broadcast programming vendor upon which a program access complaint is served under this section shall answer within forty-five (45) 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. VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 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 § 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 76.1302(a) states that any video programming vendor or multichannel video programming distributor aggrieved by conduct that it believes constitute a violation of the regulations set forth in this subpart may commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint. 47 CFR 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 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 69113 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(c)(1) provides that a program carriage complaint filed pursuant to § 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 § 76.1302 must contain in order to establish a prima facie case of a violation of § 76.1301. 47 CFR 76.1302(e)(1) provides that a multichannel video programming distributor upon whom a program carriage complaint filed pursuant to § 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(e)(2) 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. 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. 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. E:\FR\FM\20NON1.SGM 20NON1 rmajette on DSK2VPTVN1PROD with NOTICES 69114 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Notices 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. 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. 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 VerDate Sep<11>2014 13:37 Nov 19, 2014 Jkt 235001 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. OMB Control No.: 3060–1095. Title: Surrenders of Authorizations for International Carrier, Space Station and Earth Station Licensees. Form No.: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities. Number of Respondents: 8 respondents; 8 responses. Estimated Time per Response: 1 hour. Frequency of Response: On occasion reporting requirement. Obligation to Respond: Voluntary. The statutory authority for this information collection is contained in Sections 4(i), 7(a), 11, 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended; 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), and 303(r). Total Annual Burden: 8 hours. Annual Cost Burden: None. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: In general, there is no need for confidentiality with is collection of information. Needs and Uses: This collection will be submitted to the Office of Management and Budget (OMB) as a revision after this 60 day comment period has ended in order to obtain the full three-year clearance from OMB. The purpose of the revision is to remove the information collection requirements that are contained in 47 CFR 25.110 from OMB Control No. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 3060–1095. The information collection requirements that that are contained in 47 CFR 25.110 were consolidated into OMB Control No. 3060–0678. Licensees file surrenders of authorizations with the Commission on a voluntary basis. This information is used by Commission staff to issue Public Notices to announce the surrenders of authorization to the general public. The Commission’s release of Public Notices is critical to keeping the general public abreast of the licensees’ discontinuance of telecommunications services. Without this collection of information, licensees would be required to submit surrenders of authorizations to the Commission by letter which is more time consuming than submitting such requests to the Commission electronically. In addition, Commission staff would spend an extensive amount of time processing surrenders of authorizations received by letter. The collection of information saves time for both licensees and Commission staff since they are received in MyIBFS electronically and include only the information that is essential to process the requests in a timely manner. Furthermore, the E-filing module expedites the Commission staff’s announcement of surrenders of authorizations via Public Notice. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of the Managing Director. [FR Doc. 2014–27460 Filed 11–19–14; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [IB Docket No. 04–286; DA 14–1637] Seventh Meeting of the Advisory Committee for the 2015 World Radio Communication Conference Federal Communications Commission. ACTION: Notice. AGENCY: In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the seventh meeting of the WRC–15 Advisory Committee will be held on December 17, 2014, at the Federal Communications Commission. The Advisory Committee will consider recommendations from its Informal Working Groups. DATES: December 17, 2014; 11:00 a.m. SUMMARY: E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Notices]
[Pages 69110-69114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27460]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1095 and 3060-0888]


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communication Commission (FCC or Commission) 
invites the general public and other Federal agencies to take this 
opportunity to comment on the following information collections. 
Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
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 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 OMB 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 OMB 
control number.

DATES: Written comments should be submitted on or before December 22, 
2014. 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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via 
email PRA@fcc.gov and to Cathy.Williams@fcc.gov. Include in the 
comments the OMB control number as shown in the SUPPLEMENTARY 
INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the

[[Page 69111]]

information collection, contact Cathy Williams at (202) 418-2918. To 
view a copy of this information collection request (ICR) submitted to 
OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, 
(2) look for the section of the Web page called ``Currently Under 
Review,'' (3) click on the downward-pointing arrow in the ``Select 
Agency'' box below the ``Currently Under Review'' heading, (4) select 
``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0888.
    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: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents and Responses: 684 respondents; 684 
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 collection of information is contained in 
Sections 4(i), 303(r), and 628 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 34,816 hours.
    Total Annual Cost: $3,160,080.
    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 October 5, 2012, we released a Report and Order, 
Revision of the Commission's Program Access Rules et al., MB Docket No. 
12-68 et al., FCC 12-123 (Oct. 5, 2012) (``R&O''). In the R&O, we 
declined to extend the preemptive prohibition on exclusive contracts 
for satellite-delivered programming between any cable operator and any 
cable-affiliated programming vendor in served areas beyond its October 
5, 2012 expiration date (the ``exclusive contract prohibition''). The 
expiration of the exclusive contract prohibition in served areas 
eliminates the filing of complaints alleging the existence of an 
impermissible exclusive contract in a served area. Although exclusive 
contracts in served areas are no longer preemptively prohibited as a 
result of the R&O, a multichannel video programming distributor 
(``MVPD'') may file a program access complaint with the Commission 
alleging that a particular exclusive contract violates Section 628(b) 
of the Communications Act of 1934, as amended (the ``Act''), and 
Section 76.1001(a) of the Commission's Rules. 47 U.S.C. 548(b) 
(prohibiting ``unfair acts'' that have the ``purpose or effect'' of 
``significantly hindering or preventing'' the complainant from 
providing satellite cable programming or satellite broadcast 
programming); 47 CFR 76.1001(a).
    47 CFR 1.221(h) requires that, in a program carriage complaint 
proceeding filed pursuant to Sec.  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 Sec.  76.7(g)(2) or, if the parties have mutually elected 
to pursue alternative dispute resolution pursuant to Sec.  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 Sec.  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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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. 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

[[Page 69112]]

special relief, waivers, enforcement, show cause, forfeiture and 
declaratory ruling procedures.
    47 CFR 76.7(g)(2) provides that, in a proceeding initiated pursuant 
to Sec.  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 76.9. 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 76.1003(a) permits any multichannel video programming 
distributor (MVPD) aggrieved by conduct that it believes constitute a 
violation of the FCC's competitive access to cable programming rules to 
commence an adjudicatory proceeding at the FCC to obtain enforcement of 
the rules through the filing of a complaint, which must be filed and 
responded to in accordance with the procedures specified in Section 
76.7, except to the extent such procedures are modified by Section 
76.1003.
    47 CFR 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 Sec.  76.7, except to the 
extent such procedures are modified by Sec. Sec.  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(b) requires any aggrieved MVPD intending to file a 
complaint under this section to first notify the potential defendant 
cable operator, and/or the potential defendant satellite cable 
programming vendor or satellite broadcast programming vendor, that it 
intends to file a complaint with the Commission based on actions 
alleged to violate one or more of the provisions contained in Sections 
76.1001 or 76.1002 of this part. The notice must be sufficiently 
detailed so that its recipient(s) can determine the nature of the 
potential complaint. The potential complainant must allow a minimum of 
ten (10) days for the potential defendant(s) to respond before filing a 
complaint with the Commission.
    47 CFR 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 Sec.  76.1001(b)(1).
    47 CFR 76.1003(d) states that, in a case where recovery of damages 
is

[[Page 69113]]

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 cable operators, satellite cable 
programming vendors, or satellite broadcast programming vendors whom 
expressly reference and rely upon a document in asserting a defense to 
a program access complaint filed or in responding to a material 
allegation in a program access complaint filed pursuant to Section 
76.1003, to include such document or documents, such as contracts for 
carriage of programming referenced and relied on, as part of the 
answer. Except as otherwise provided or directed by the Commission, any 
cable operator, satellite cable programming vendor or satellite 
broadcast programming vendor upon which a program access complaint is 
served under this section shall answer within forty-five (45) 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 Sec.  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 76.1302(a) states that any video programming vendor or 
multichannel video programming distributor aggrieved by conduct that it 
believes constitute a violation of the regulations set forth in this 
subpart may commence an adjudicatory proceeding at the Commission to 
obtain enforcement of the rules through the filing of a complaint.
    47 CFR 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(c)(1) provides that a program carriage complaint 
filed pursuant to Sec.  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 Sec.  76.1302 must contain in order to 
establish a prima facie case of a violation of Sec.  76.1301.
    47 CFR 76.1302(e)(1) provides that a multichannel video programming 
distributor upon whom a program carriage complaint filed pursuant to 
Sec.  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(e)(2) 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.
    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.
    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.

[[Page 69114]]

    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.
    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.
    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.
    OMB Control No.: 3060-1095.
    Title: Surrenders of Authorizations for International Carrier, 
Space Station and Earth Station Licensees.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 8 respondents; 8 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Voluntary. The statutory authority for this 
information collection is contained in Sections 4(i), 7(a), 11, 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended; 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), and 
303(r).
    Total Annual Burden: 8 hours.
    Annual Cost Burden: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: In general, there is no need 
for confidentiality with is collection of information.
    Needs and Uses: This collection will be submitted to the Office of 
Management and Budget (OMB) as a revision after this 60 day comment 
period has ended in order to obtain the full three-year clearance from 
OMB.
    The purpose of the revision is to remove the information collection 
requirements that are contained in 47 CFR 25.110 from OMB Control No. 
3060-1095. The information collection requirements that that are 
contained in 47 CFR 25.110 were consolidated into OMB Control No. 3060-
0678.
    Licensees file surrenders of authorizations with the Commission on 
a voluntary basis. This information is used by Commission staff to 
issue Public Notices to announce the surrenders of authorization to the 
general public. The Commission's release of Public Notices is critical 
to keeping the general public abreast of the licensees' discontinuance 
of telecommunications services.
    Without this collection of information, licensees would be required 
to submit surrenders of authorizations to the Commission by letter 
which is more time consuming than submitting such requests to the 
Commission electronically. In addition, Commission staff would spend an 
extensive amount of time processing surrenders of authorizations 
received by letter.
    The collection of information saves time for both licensees and 
Commission staff since they are received in MyIBFS electronically and 
include only the information that is essential to process the requests 
in a timely manner. Furthermore, the E-filing module expedites the 
Commission staff's announcement of surrenders of authorizations via 
Public Notice.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of the Managing Director.
[FR Doc. 2014-27460 Filed 11-19-14; 8:45 am]
BILLING CODE 6712-01-P