Information Collections Being Submitted for Review and Approval to the Office of Management and Budget, 39112-39116 [2015-16663]
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Unless a franchising authority has
actual knowledge to the contrary, it may
rely on the presumption in section
76.906 that the cable system is not
subject to one of the other three types
of effective competition.
Evidence establishing lack of effective
competition. If the evidence establishing
the lack of effective competition is not
otherwise available, section 76.910(b)(4)
provides that franchising authorities
may request from a multichannel video
programming distributor (‘‘MVPD’’)
information regarding the MVPD’s reach
and number of subscribers. An MVPD
must respond to such request within 15
days. Such responses may be limited to
numerical totals.
Franchising authority’s obligations if
certified. Section 76.910(e) of the
Commission’s rules currently provides
that, unless the Commission notifies the
franchising authority otherwise, the
certification will become effective 30
days after the date filed, provided,
however, that the franchising authority
may not regulate the rates of a cable
system unless it: (1) Adopts regulations
(i) consistent with the Commission’s
regulations governing the basic tier and
(ii) providing a reasonable opportunity
for consideration of the views of
interested parties, within 120 days of
the effective date of the certification;
and (2) notifies the cable operator that
the franchising authority has been
certified and has adopted the required
regulations.
OMB Control Number: 3060–0560.
Title: Section 76.911, Petition for
Reconsideration of Certification.
Form No.: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: State, local or tribal
governments; Businesses or other forprofit entities.
Number of Respondents and
Responses: 15 respondents; 25
responses.
Estimated Time per Response: 2–10
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)
and 623 of the Communications Act of
1934, as amended.
Total Annual Burden: 130 hours.
Total Annual Cost: None.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: On June 3, 2015, the
Commission released a Report and
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Order, MB Docket No. 15–53; FCC 15–
62. The Report and Order adopted a
rebuttable presumption that cable
operators are subject to competing
provider effective competition.
Reversing the previous rebuttable
presumption of no effective competition
and adopting the procedures discussed
in the Report and Order will result in
changes to the information collection
burdens.
The information collection
requirements consist of: Petitions for
reconsideration of certification,
oppositions and replies thereto, cable
operator requests to competitors for
information regarding the competitor’s
reach and number of subscribers if
evidence establishing effective
competition is not otherwise available,
and the competitors supplying this
information.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015–16662 Filed 7–7–15; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0214, 3060–0519, 3060–1162
and 3060–1180]
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 Communications
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
SUMMARY:
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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 August 7, 2015.
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
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 https://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: 3060–0214.
Title: Sections 73.3526 and 73.3527,
Local Public Inspection Files; Sections
76.1701 and 73.1943, Political Files.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; Not for-profit
institutions; Individuals or households.
Number of Respondents and
Responses: 24,558 respondents; 63,234
responses.
Estimated Time per Response: 1 hour
to 104 hours.
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Frequency of Response: On occasion
reporting requirement; Recordkeeping
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 47 U.S.C.
151, 152, 154(i), 303, 307 and 308.
Total Annual Burden: 2,375,336
hours.
Total Annual Costs: $882,236.
Privacy Act Impact Assessment: The
FCC is preparing a PIA.
Nature and Extent of Confidentiality:
The personally identifiable information
(PII) in this information collection is in
part covered by the system of records
notice (SORN), FCC/MB–1, ‘‘Ownership
of Commercial Broadcast Stations,’’ 74
FR 59978 (2009). The Commission is
currently drafting a Privacy Impact
Assessment (PIA) for the records
covered by this SORN.
The FCC also prepared a system of
records, FCC/MB–2, ‘‘Broadcast Station
Public Inspection Files,’’ to cover the
personally identifiable information (PII)
that may be included in the broadcast
station public inspection files.
Respondents may request materials or
information submitted to the
Commission be withheld from public
inspection under 47 CFR 0.459 of the
Commission’s rules.
Needs and Uses: The public and FCC
use the information in the public file to
evaluate information about the
broadcast licensee’s performance, to
ensure that broadcast stations are
addressing issues concerning the
community which it is licensed to serve
and to ensure that stations entering into
time brokerage agreements comply with
Commission policies pertaining to
licensee control and to the
Communications Act and the antitrust
laws. Placing joint sales agreements in
the public inspection file facilitates
monitoring by the public, competitors
and regulatory agencies. Television
broadcasters are required to send each
cable operator in the station’s market a
copy of the election statement
applicable to that particular cable
operator. Placing these retransmission
consent/must-carry elections in the
public file provide public access to
documentation of station’s elections
which are used by cable operators in
negotiations with television stations and
by the public to ascertain why some
stations are/are not carried by the cable
systems.
Maintenance of political files by
broadcast stations and by cable
television systems enables the public to
assess money expended and time
allotted to a political candidate and to
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ensure that equal access was afforded to
other legally qualified candidates for
public office.
OMB Control Number: 3060–0519.
Title: Rules and Regulations
Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, CG
Docket No. 02–278.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Individuals or
households; Not-for-profit institutions.
Number of Respondents and
Responses: 34,948 respondents;
147,368,997 responses.
Estimated Time per Response: .004
hours (15 seconds) to 1 hour.
Frequency of Response:
Recordkeeping requirement; Annual, on
occasion and one-time reporting
requirements; Third party disclosure
requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for the information collection
requirements is found in the Telephone
Consumer Protection Act of 1991
(TCPA), Public Law 102–243, December
20, 1991, 105 Stat. 2394, which added
section 227 of the Communications Act
of 1934, [47 U.S.C. 227] Restrictions on
the Use of Telephone Equipment.
Total Annual Burden: 666,138 hours.
Total Annual Cost: $2,745,000.
Nature and Extent of Confidentiality:
Confidentiality is an issue to the extent
that individuals and households
provide personally identifiable
information, which is covered under the
FCC’s system of records notice (SORN),
FCC/CGB–1, ‘‘Informal Complaints and
Inquiries.’’ As required by the Privacy
Act, 5 U.S.C. 552a, the Commission also
published a SORN, FCC/CGB–1
‘‘Informal Complaints, Inquiries, and
Requests for Dispute Assistance’’, in the
Federal Register on August 15, 2014 (79
FR 48152) which became effective on
September 24, 2014. A system of records
for the do-not-call registry was created
by the Federal Trade Commission (FTC)
under the Privacy Act. The FTC
originally published a notice in the
Federal Register describing the system.
See 68 FR 37494, June 24, 2003. The
FTC updated its system of records for
the do-not-call registry in 2009. See 74
FR 17863, April 17, 2009.
Privacy Impact Assessment: Yes.
Needs and Uses: The reporting
requirements included under this OMB
Control Number 3060–0519 enable the
Commission to gather information
regarding violations of section 227 of
the Communications Act, the Do-NotCall Implementation Act (Do-Not-Call
Act), and the Commission’s
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implementing rules. If the information
collection was not conducted, the
Commission would be unable to track
and enforce violations of section 227 of
the Communications Act, the Do-NotCall Act, or the Commission’s
implementing rules. The Commission’s
implementing rules provide consumers
with several options for avoiding most
unwanted telephone solicitations.
The national do-not-call registry
supplements the company-specific donot-call rules for those consumers who
wish to continue requesting that
particular companies not call them. Any
company that is asked by a consumer,
including an existing customer, not to
call again must honor that request for
five (5) years.
A provision of the Commission’s
rules, however, allows consumers to
give specific companies permission to
call them through an express written
agreement. Nonprofit organizations,
companies with whom consumers have
an established business relationship,
and calls to persons with whom the
telemarketer has a personal relationship
are exempt from the ‘‘do-not-call’’
registry requirements.
On September 21, 2004, the
Commission released the Safe Harbor
Order establishing a limited safe harbor
in which persons will not be liable for
placing autodialed and prerecorded
message calls to numbers ported from a
wireline service within the previous 15
days. The Commission also amended its
existing National Do-Not-Call Registry
safe harbor to require telemarketers to
scrub their lists against the Registry
every 31 days.
On December 4, 2007, the
Commission released the DNC NPRM
seeking comment on its tentative
conclusion that registrations with the
Registry should be honored indefinitely,
unless a number is disconnected or
reassigned or the consumer cancels his
registration.
On June 17, 2008, in accordance with
the Do-Not-Call Improvement Act of
2007, the Commission revised its rules
to minimize the inconvenience to
consumers of having to re-register their
preferences not to receive telemarketing
calls and to further the underlying goal
of the National Do-Not-Call Registry to
protect consumer privacy rights. The
Commission released a Report and
Order in CG Docket No. 02–278, FCC
08–147, amending the Commission’s
rules under the Telephone Consumer
Protection Act (TCPA) to require sellers
and/or telemarketers to honor
registrations with the National Do-NotCall Registry so that registrations will
not automatically expire based on the
current five year registration period.
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Specifically, the Commission modified
section 64.1200(c)(2) of its rules to
require sellers and/or telemarketers to
honor numbers registered on the
Registry indefinitely or until the number
is removed by the database
administrator or the registration is
cancelled by the consumer.
On February 15, 2012, the
Commission released a Report and
Order in CG Docket No. 02–278, FCC
12–21, revising its rules to: (1) Require
prior express written consent for all
autodialed or prerecorded telemarketing
calls to wireless numbers and for all
prerecorded telemarketing calls to
residential lines; (2) eliminate the
established business relationship
exception to the consent requirement for
prerecorded telemarketing calls to
residential lines; (3) require
telemarketers to include an automated,
interactive opt-out mechanism in all
prerecorded telemarketing calls, to
allow consumers more easily to opt out
of future robocalls during a robocall
itself; and (4) require telemarketers to
comply with the 3% limit on abandoned
calls during each calling campaign, in
order to discourage intrusive calling
campaigns.
Finally, the Commission also
exempted from the Telephone
Consumer Protection Act requirements
prerecorded calls to residential lines
made by health care-related entities
governed by the Health Insurance
Portability and Accountability Act of
1996.
OMB Control Number: 3060–1162.
Title: Closed Captioning of Video
Programming Delivered Using Internet
Protocol, and Apparatus Closed Caption
Requirements.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Individuals or
households; Business or other for-profit
entities; Not-for-profit institutions.
Number of Respondents and
Responses: 1,322 respondents; 3,666
responses.
Estimated Time per Response: 0.084
to 10 hours.
Frequency of Response: One time and
on occasion reporting requirements;
Recordkeeping requirement; Third-party
disclosure requirement.
Obligation to Respond: Mandatory
and required to obtain or retain benefits.
The statutory authority for this
information collection is contained in
the Twenty-First Century
Communications and Video
Accessibility Act of 2010, Public Law
111–260, 124 Stat. 2751, and Sections
4(i), 4(j), 303, 330(b), 713, and 716 of the
Communications Act of 1934, as
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amended, 47 U.S.C. 154(i), 154(j), 303,
330(b), 613, and 617.
Total Annual Burden: 10,062 hours.
Total Annual Cost: $95,700.
Privacy Act Impact Assessment: Yes.
As required by OMB Memorandum M–
03–22 (September 26, 2003), the FCC
completed a Privacy Impact Assessment
(PIA) on June 28, 2007, that gives a full
and complete explanation of how the
FCC collects, stores, maintains,
safeguards, and destroys the PII covered
by these information collection
requirements. The PIA may be reviewed
at: https://www.fcc.gov/omd/privacyact/
Privacy5FImpact5FAssessment.html.
Nature and Extent of Confidentiality:
Some assurances of confidentiality are
being provided to the respondents.
Parties filing petitions for exemption
based on economic burden, requests for
Commission determinations of technical
feasibility and achievability, requests for
purpose-based waivers, or responses to
complaints alleging violations of the
Commission’s rules may seek
confidential treatment of information
they provide pursuant to the
Commission’s existing confidentiality
rules.
The Commission is not requesting
that individuals who file complaints
alleging violations of our rules
(complainants) submit confidential
information (e.g., credit card numbers,
social security numbers, or personal
financial information) to us. We request
that complainants submit their names,
addresses, and other contact
information, which enables us to
process complaints. Any use of this
information is covered under the
routine uses listed in the Commission’s
SORN, FCC/CGB–1, ‘‘Informal
Complaints, Inquiries, and Requests for
Dispute Assistance.’’
The PIA that the FCC completed on
June 28, 2007 gives a full and complete
explanation of how the FCC collects,
stores, maintains, safeguards, and
destroys PII, as required by OMB
regulations and the Privacy Act, 5
U.S.C. 552a. The PIA may be viewed at:
https://www.fcc.gov/omd/privacyact/
Privacy5FImpact5FAssessment.html.
The Commission will update the PIA
to cover the PII collected related to this
information collection to incorporate
various revisions to it as a result of
revisions to the SORN and as required
by OMB’s Memorandum M–03–22
(September 26, 2003) and by the Privacy
Act, 5 U.S.C. 552a.
Needs and Uses: The Twenty-First
Century Communications and Video
Accessibility Act of 2010 (CVAA)
directed the Commission to revise its
regulations to mandate closed
captioning on IP-delivered video
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programming that was published or
exhibited on television with captions
after the effective date of the
regulations. Accordingly, the
Commission requires video
programming owners (VPOs) to send
program files to video programming
distributors and providers (hereinafter
VPDs) with required captions, and it
requires VPDs to enable the rendering or
pass through of all required captions to
the end user. The CVAA also directed
the Commission to revise its regulations
to mandate that all apparatus designed
to receive, play back, or record video
programming be equipped with built-in
closed caption decoder circuitry or
capability designed to display closedcaptioned video programming, except
that apparatus that use a picture screen
that is 13 inches or smaller and
recording devices must comply only if
doing so is achievable. These rules are
codified at 47 CFR 79.4 and 79.100–
79.104.
The information collection
requirements consist of:
(a) Mechanism for information about
video programming subject to the IP
closed captioning requirements.
Pursuant to 47 CFR 79.4(c)(1)(ii) and
(c)(2)(ii) of the Commission’s rules,
VPOs and VPDs must agree upon a
mechanism to make information
available to VPDs about video
programming that becomes subject to
the requirements of 47 CFR 79.4 on an
ongoing basis. VPDs must make a good
faith effort to identify video
programming that must be captioned
when delivered using IP using the
agreed upon mechanism.
For example, VPOs and VPDs may
agree on a mechanism whereby the
VPOs provide captions or certifications
that captions are not required, and
update those certifications and provide
captions when captions later become
required. A VPD may rely in good faith
on a certification by a VPO that the
programming need not be captioned: (1)
If the certification includes a clear and
concise explanation of why captions are
not required; and (2) if the VPD is able
to produce the certification to the
Commission in the event of a complaint.
VPOs may provide certifications for
specific programming or a more general
certification, for example, for all
programming covered by a particular
contract.
VPDs may seek Commission
determinations that other proposed
mechanisms provide adequate
information for them to rely on in good
faith by filing an informal request and
providing sufficient information for the
Commission to make such
determinations.
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(b) Contact information for the receipt
and handling of written closed
captioning complaints.
Pursuant to 47 CFR 79.4(c)(2)(iii),
VPDs must make their contact
information available to end users for
the receipt and handling of written IP
closed captioning complaints. The
required contact information includes
the name of a person with primary
responsibility for IP captioning issues
and who can ensure compliance with
these rules, as well as the person’s title
or office, telephone number, fax
number, postal mailing address, and
email address. VPDs must keep this
information current and update it
within 10 business days of any change.
The Commission expects that such
contact information will be prominently
displayed in a way that it is accessible
to all end users. A general notice on the
VPD’s Web site with such contact
information, if provided, must be
provided in a location that is
conspicuous to viewers.
(c) Petitions for exemption based on
‘‘economic burden.’’
Pursuant to 47 CFR 79.4(d), a VPO or
VPD may petition the Commission for a
full or partial exemption from the closed
captioning requirements for IP-delivered
video programming based upon a
showing that they would be
economically burdensome. Petitions for
exemption must be supported with
sufficient evidence to demonstrate
economic burden (significant difficulty
or expense). The Commission will
consider four specific factors when
determining economic burden and any
other factors the petitioner deems
relevant, along with any available
alternatives that might constitute a
reasonable substitute for the closed
captioning requirements. Petitions and
subsequent pleadings must be filed
electronically.
The Commission will place such
petitions on public notice. Comments or
oppositions to the petition may be filed
electronically within 30 days after
release of the public notice of the
petition, and must include a
certification that the petitioner was
served with a copy. The petitioner may
reply to any comments or oppositions
filed within 20 days after the close of
the period for filing comments or
oppositions, and replies must include a
certification that the commenting or
opposing party was served with a copy.
Upon a finding of good cause, the
Commission may lengthen or shorten
any comment period and waive or
establish other procedural requirements.
Petitions and responsive pleadings must
include a detailed, full showing,
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supported by affidavit, of any facts or
considerations relied on.
(d) Complaints alleging violations of
the closed captioning rules for IPdelivered video programming.
Pursuant to 47 CFR 79.4(e), a written
complaint alleging a violation of the
closed captioning rules for IP-delivered
video programming may be filed with
the Commission or with the VPD
responsible for enabling the rendering
or pass through of the closed captions
for the video programming. Complaints
must be filed within 60 days after the
date the complainant experienced a
problem with captioning. Such
complaints should (but are not required
to) include certain information.
If a complaint is filed first with the
VPD, the VPD must respond in writing
to the complainant within 30 days after
receipt of a closed captioning
compliant. If a VPD fails to respond
timely, or the response does not satisfy
the consumer, the complainant may refile the complaint with the Commission
within 30 days after the time allotted for
the VPD to respond. If a consumer refiles the complaint with the
Commission (after filing with the VPD)
and the complaint satisfies the
requirements, the Commission will
forward the complaint to the named
VPD, and to any other VPD and/or VPO
that Commission staff determines may
be involved, who then must respond in
writing to the Commission and the
complainant within 30 days after receipt
of the complaint from the Commission.
If a complaint is filed first with the
Commission and the complaint satisfies
the requirements, the Commission will
forward the complaint to the named
VPD and/or VPO, and to any other VPD
and/or VPO that Commission staff
determine may be involved, who must
respond in writing to the Commission
and the complainant within 30 days
after receipt of the complaint from the
Commission. In response to a
complaint, a VPD and/or VPO must
provide the Commission with sufficient
records and documentation. The
Commission will review all relevant
information provided by the
complainant and the subject VPDs and/
or VPOs, as well as any additional
information the Commission deems
relevant from its files or public sources.
The Commission may request additional
information from any relevant entities
when, in the estimation of Commission
staff, such information is needed to
investigate the complaint or adjudicate
potential violation(s) of Commission
rules. When the Commission requests
additional information, parties to which
such requests are addressed must
provide the requested information in the
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39115
manner and within the time period the
Commission specifies.
(e) Requests for Commission
determination of technical feasibility of
apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of
January 1, 2014, all digital apparatus
designed to receive or play back video
programming that uses a picture screen
of any size must be equipped with builtin closed caption decoder circuitry or
capability designed to display closedcaptioned video programming, if
technically feasible. If new apparatus or
classes of apparatus for viewing video
programming emerge on which it would
not be technically feasible to include
closed captioning, parties may raise that
argument as a defense to a complaint or,
alternatively, file a request under 47
CFR 1.41 for a Commission
determination of technical feasibility
before manufacturing or importing the
product.
(f) Requests for Commission
determination of achievability of
apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of
January 1, 2014, all digital apparatus
designed to receive or play back video
programming that use a picture screen
less than 13 inches in size must be
equipped with built-in closed caption
decoder circuitry or capability designed
to display closed-captioned video
programming, only if doing so is
achievable. In addition, pursuant to 47
CFR 79.104(a), as of January 1, 2014, all
apparatus designed to record video
programming must enable the rendering
or the pass through of closed captions
such that viewers are able to activate
and de-activate the closed captions as
the video programming is played back,
only if doing so is achievable.
Manufacturers of such apparatus may
petition the Commission, pursuant to 47
CFR 1.41, for a full or partial exemption
from the closed captioning requirements
before manufacturing or importing the
apparatus or may assert as a response to
a complaint that these requirements, in
full or in part, are not achievable.
Pursuant to 47 CFR 79.103(b)(3), such a
petition or response must be supported
with sufficient evidence to demonstrate
that compliance is not achievable
(meaning with reasonable effort or
expense) and the Commission will
consider four specific factors when
making such determinations. In
evaluating evidence offered to prove
that compliance was not achievable, the
Commission will be informed by the
analysis in the ACS Order.
(g) Petitions for purpose-based
waivers of apparatus closed caption
requirements.
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices
Manufacturers seeking certainty prior
to the sale of a device may petition the
Commission, pursuant to 47 CFR
79.104(b)(4), for a full or partial waiver
of the closed captioning requirements
based on one of the following
provisions:
(i) The apparatus is primarily
designed for activities other than
receiving or playing back video
programming transmitted
simultaneously with sound; or
(ii) The apparatus is designed for
multiple purposes, capable of receiving
or playing back video programming
transmitted simultaneously with sound
but whose essential utility is derived
from other purposes.
(h) Complaints alleging violations of
the apparatus closed caption
requirements.
Consumers may file written
complaints alleging violations of the
Commission’s rules, 47 CFR 79.101–
79.104, requiring apparatus designed to
receive, play back, or record video
programming to be equipped with builtin closed caption decoder circuitry or
capability designed to display closedcaptions. A written complaint filed with
the Commission must be transmitted to
the Consumer and Governmental Affairs
Bureau through the Commission’s
online informal complaint filing system,
U.S. Mail, overnight delivery, or
facsimile. Such complaints should
include certain information about the
complainant and the alleged violation.
The Commission may forward such
complaints to the named manufacturer
or provider, as well as to any other
entity that Commission staff determines
may be involved, and may request
additional information from any
relevant parties when, in the estimation
of Commission staff, such information is
needed to investigate the complaint or
adjudicate potential violations of
Commission rules.
OMB Control Number: 3060–1180.
Title: Expanding the Economic and
Innovation Opportunities of Spectrum
Through Incentive Auctions.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities, state, local, or tribal
government and not for profit
institutions.
Number of Respondents: 378
respondents; 378 responses.
Estimated Time per Response: 0.5 to
2 hours.
Frequency of Response: One-time and
on occasion reporting requirements,
twice within 12 years reporting
requirement, 6, 10 and 12-years
VerDate Sep<11>2014
18:49 Jul 07, 2015
Jkt 235001
reporting requirements and third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for these collections are
contained in 47 U.S.C. 151, 154, 301,
303, 307, 308, 309, 310, 316, 319,
325(b), 332, 336(f), 338, 339, 340, 399b,
403, 534, 535, 1404, 1452, and 1454 of
the Communications Act of 1934.
Total Annual Burden: 581 hours.
Total Annual Cost: No cost.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: The FCC adopted the
Expanding the Economic and
Innovation Opportunities of Spectrum
Through Incentive Auctions Report and
Order, FCC 14–50, on May 15, 2014,
published at 79 FR 48442 (Aug. 15,
2014). The Commission seeks approval
from the Office of Management and
Budget (OMB) for some of the
information collection requirements
contained in FCC 14–50. The
Commission will use the information to
ensure compliance with required filings
of notifications, certifications, license
renewals, license cancelations, and
license modifications. Also, such
information will be used to minimize
interference and to determine
compliance with Commission’s rules.
The following is a description of the
information collection requirements for
which the Commission seeks OMB
approval:
Section 27.14(k) requires 600 MHz
licensees to demonstrate compliance
with performance requirements by filing
a construction notification with the
Commission, within 15 days of the
applicable benchmark.
Section 27.14(t)(6) requires 600 MHz
licensees to make a renewal showing as
a condition of each renewal. The
showing must include a detailed
description of the applicant’s provision
of service during the entire license
period and address: (i) The level and
quality of service provided by the
applicant (including the population
served, the area served, the number of
subscribers, the services offered); (ii) the
date service commenced, whether
service was ever interrupted, and the
duration of any interruption or outage;
(iii) the extent to which service is
provided to rural areas; (iv) the extent
to which service is provided to
qualifying tribal land as defined in 47
CFR 1.2110(f)(3)(i); and (v) any other
factors associated with the level of
service to the public.
Section 27.17(c) requires 600 MHz
licensees to notify the Commission
PO 00000
Frm 00067
Fmt 4703
Sfmt 9990
within 10 days of discontinuance if they
permanently discontinue service by
filing FCC Form 601 or 605 and
requesting license cancellation.
Section 27.19(b) requires 600 MHz
licensees with base and fixed stations in
the 600 MHz downlink band within 25
kilometers of Very Long Baseline Array
(VLBA) observatories to coordinate with
the National Science Foundation (NSF)
prior to commencing operations.
Section 27.19(c) requires 600 MHz
licensees that intend to operate base and
fixed stations in the 600 MHz downlink
band in locations near the Radio
Astronomy Observatory site located in
Green Bank, Pocahontas County, West
Virginia, or near the Arecibo
Observatory in Puerto Rico, to comply
with the provisions in 47 CFR 1.924.
Section 74.602(h)(5)(ii) requires 600
MHz licensees to notify the licensee of
a studio-transmitter link (TV STL), TV
relay station, or TV translator relay
station of their intent to commence
wireless operations and the likelihood
of harmful interference from the TV
STL, TV relay station, or TV translator
relay station to those operations within
the wireless licensee’s licensed
geographic service area. The notification
is to be in the form of a letter, via
certified mail, return receipt requested
and must be sent not less than 30 days
in advance of approximate date of
commencement of operations.
Section 74.602(h)(5)(iii) requires all
TV STL, TV relay station and TV
translator relay station licensees to
modify or cancel their authorizations
and vacate the 600 MHz band no later
than the end of the post-auction
transition period as defined in 47 CFR
27.4.
These rules which contain
information collection requirements are
designed to provide for flexible use of
this spectrum by allowing licensees to
choose their type of service offerings, to
encourage innovation and investment in
mobile broadband use in this spectrum,
and to provide a stable regulatory
environment in which broadband
deployment would be able to develop
through the application of standard
terrestrial wireless rules. Without this
information, the Commission would not
be able to carry out its statutory
responsibilities.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015–16663 Filed 7–7–15; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39112-39116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16663]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0214, 3060-0519, 3060-1162 and 3060-1180]
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.
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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 Communications 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 August 7,
2015. 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 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 https://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: 3060-0214.
Title: Sections 73.3526 and 73.3527, Local Public Inspection Files;
Sections 76.1701 and 73.1943, Political Files.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not for-profit
institutions; Individuals or households.
Number of Respondents and Responses: 24,558 respondents; 63,234
responses.
Estimated Time per Response: 1 hour to 104 hours.
[[Page 39113]]
Frequency of Response: On occasion reporting requirement;
Recordkeeping 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
47 U.S.C. 151, 152, 154(i), 303, 307 and 308.
Total Annual Burden: 2,375,336 hours.
Total Annual Costs: $882,236.
Privacy Act Impact Assessment: The FCC is preparing a PIA.
Nature and Extent of Confidentiality: The personally identifiable
information (PII) in this information collection is in part covered by
the system of records notice (SORN), FCC/MB-1, ``Ownership of
Commercial Broadcast Stations,'' 74 FR 59978 (2009). The Commission is
currently drafting a Privacy Impact Assessment (PIA) for the records
covered by this SORN.
The FCC also prepared a system of records, FCC/MB-2, ``Broadcast
Station Public Inspection Files,'' to cover the personally identifiable
information (PII) that may be included in the broadcast station public
inspection files. Respondents may request materials or information
submitted to the Commission be withheld from public inspection under 47
CFR 0.459 of the Commission's rules.
Needs and Uses: The public and FCC use the information in the
public file to evaluate information about the broadcast licensee's
performance, to ensure that broadcast stations are addressing issues
concerning the community which it is licensed to serve and to ensure
that stations entering into time brokerage agreements comply with
Commission policies pertaining to licensee control and to the
Communications Act and the antitrust laws. Placing joint sales
agreements in the public inspection file facilitates monitoring by the
public, competitors and regulatory agencies. Television broadcasters
are required to send each cable operator in the station's market a copy
of the election statement applicable to that particular cable operator.
Placing these retransmission consent/must-carry elections in the public
file provide public access to documentation of station's elections
which are used by cable operators in negotiations with television
stations and by the public to ascertain why some stations are/are not
carried by the cable systems.
Maintenance of political files by broadcast stations and by cable
television systems enables the public to assess money expended and time
allotted to a political candidate and to ensure that equal access was
afforded to other legally qualified candidates for public office.
OMB Control Number: 3060-0519.
Title: Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, CG Docket No. 02-278.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Individuals or
households; Not-for-profit institutions.
Number of Respondents and Responses: 34,948 respondents;
147,368,997 responses.
Estimated Time per Response: .004 hours (15 seconds) to 1 hour.
Frequency of Response: Recordkeeping requirement; Annual, on
occasion and one-time reporting requirements; Third party disclosure
requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for the information collection requirements is
found in the Telephone Consumer Protection Act of 1991 (TCPA), Public
Law 102-243, December 20, 1991, 105 Stat. 2394, which added section 227
of the Communications Act of 1934, [47 U.S.C. 227] Restrictions on the
Use of Telephone Equipment.
Total Annual Burden: 666,138 hours. Total Annual Cost: $2,745,000.
Nature and Extent of Confidentiality: Confidentiality is an issue
to the extent that individuals and households provide personally
identifiable information, which is covered under the FCC's system of
records notice (SORN), FCC/CGB-1, ``Informal Complaints and
Inquiries.'' As required by the Privacy Act, 5 U.S.C. 552a, the
Commission also published a SORN, FCC/CGB-1 ``Informal Complaints,
Inquiries, and Requests for Dispute Assistance'', in the Federal
Register on August 15, 2014 (79 FR 48152) which became effective on
September 24, 2014. A system of records for the do-not-call registry
was created by the Federal Trade Commission (FTC) under the Privacy
Act. The FTC originally published a notice in the Federal Register
describing the system. See 68 FR 37494, June 24, 2003. The FTC updated
its system of records for the do-not-call registry in 2009. See 74 FR
17863, April 17, 2009.
Privacy Impact Assessment: Yes.
Needs and Uses: The reporting requirements included under this OMB
Control Number 3060-0519 enable the Commission to gather information
regarding violations of section 227 of the Communications Act, the Do-
Not-Call Implementation Act (Do-Not-Call Act), and the Commission's
implementing rules. If the information collection was not conducted,
the Commission would be unable to track and enforce violations of
section 227 of the Communications Act, the Do-Not-Call Act, or the
Commission's implementing rules. The Commission's implementing rules
provide consumers with several options for avoiding most unwanted
telephone solicitations.
The national do-not-call registry supplements the company-specific
do-not-call rules for those consumers who wish to continue requesting
that particular companies not call them. Any company that is asked by a
consumer, including an existing customer, not to call again must honor
that request for five (5) years.
A provision of the Commission's rules, however, allows consumers to
give specific companies permission to call them through an express
written agreement. Nonprofit organizations, companies with whom
consumers have an established business relationship, and calls to
persons with whom the telemarketer has a personal relationship are
exempt from the ``do-not-call'' registry requirements.
On September 21, 2004, the Commission released the Safe Harbor
Order establishing a limited safe harbor in which persons will not be
liable for placing autodialed and prerecorded message calls to numbers
ported from a wireline service within the previous 15 days. The
Commission also amended its existing National Do-Not-Call Registry safe
harbor to require telemarketers to scrub their lists against the
Registry every 31 days.
On December 4, 2007, the Commission released the DNC NPRM seeking
comment on its tentative conclusion that registrations with the
Registry should be honored indefinitely, unless a number is
disconnected or reassigned or the consumer cancels his registration.
On June 17, 2008, in accordance with the Do-Not-Call Improvement
Act of 2007, the Commission revised its rules to minimize the
inconvenience to consumers of having to re-register their preferences
not to receive telemarketing calls and to further the underlying goal
of the National Do-Not-Call Registry to protect consumer privacy
rights. The Commission released a Report and Order in CG Docket No. 02-
278, FCC 08-147, amending the Commission's rules under the Telephone
Consumer Protection Act (TCPA) to require sellers and/or telemarketers
to honor registrations with the National Do-Not-Call Registry so that
registrations will not automatically expire based on the current five
year registration period.
[[Page 39114]]
Specifically, the Commission modified section 64.1200(c)(2) of its
rules to require sellers and/or telemarketers to honor numbers
registered on the Registry indefinitely or until the number is removed
by the database administrator or the registration is cancelled by the
consumer.
On February 15, 2012, the Commission released a Report and Order in
CG Docket No. 02-278, FCC 12-21, revising its rules to: (1) Require
prior express written consent for all autodialed or prerecorded
telemarketing calls to wireless numbers and for all prerecorded
telemarketing calls to residential lines; (2) eliminate the established
business relationship exception to the consent requirement for
prerecorded telemarketing calls to residential lines; (3) require
telemarketers to include an automated, interactive opt-out mechanism in
all prerecorded telemarketing calls, to allow consumers more easily to
opt out of future robocalls during a robocall itself; and (4) require
telemarketers to comply with the 3% limit on abandoned calls during
each calling campaign, in order to discourage intrusive calling
campaigns.
Finally, the Commission also exempted from the Telephone Consumer
Protection Act requirements prerecorded calls to residential lines made
by health care-related entities governed by the Health Insurance
Portability and Accountability Act of 1996.
OMB Control Number: 3060-1162.
Title: Closed Captioning of Video Programming Delivered Using
Internet Protocol, and Apparatus Closed Caption Requirements.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit entities; Not-for-profit institutions.
Number of Respondents and Responses: 1,322 respondents; 3,666
responses.
Estimated Time per Response: 0.084 to 10 hours.
Frequency of Response: One time and on occasion reporting
requirements; Recordkeeping requirement; Third-party disclosure
requirement.
Obligation to Respond: Mandatory and required to obtain or retain
benefits. The statutory authority for this information collection is
contained in the Twenty-First Century Communications and Video
Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751, and
Sections 4(i), 4(j), 303, 330(b), 713, and 716 of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303, 330(b), 613,
and 617.
Total Annual Burden: 10,062 hours.
Total Annual Cost: $95,700.
Privacy Act Impact Assessment: Yes. As required by OMB Memorandum
M-03-22 (September 26, 2003), the FCC completed a Privacy Impact
Assessment (PIA) on June 28, 2007, that gives a full and complete
explanation of how the FCC collects, stores, maintains, safeguards, and
destroys the PII covered by these information collection requirements.
The PIA may be reviewed at: https://www.fcc.gov/omd/privacyact/Privacy5FImpact5FAssessment.html.
Nature and Extent of Confidentiality: Some assurances of
confidentiality are being provided to the respondents. Parties filing
petitions for exemption based on economic burden, requests for
Commission determinations of technical feasibility and achievability,
requests for purpose-based waivers, or responses to complaints alleging
violations of the Commission's rules may seek confidential treatment of
information they provide pursuant to the Commission's existing
confidentiality rules.
The Commission is not requesting that individuals who file
complaints alleging violations of our rules (complainants) submit
confidential information (e.g., credit card numbers, social security
numbers, or personal financial information) to us. We request that
complainants submit their names, addresses, and other contact
information, which enables us to process complaints. Any use of this
information is covered under the routine uses listed in the
Commission's SORN, FCC/CGB-1, ``Informal Complaints, Inquiries, and
Requests for Dispute Assistance.''
The PIA that the FCC completed on June 28, 2007 gives a full and
complete explanation of how the FCC collects, stores, maintains,
safeguards, and destroys PII, as required by OMB regulations and the
Privacy Act, 5 U.S.C. 552a. The PIA may be viewed at: https://www.fcc.gov/omd/privacyact/Privacy5FImpact5FAssessment.html.
The Commission will update the PIA to cover the PII collected
related to this information collection to incorporate various revisions
to it as a result of revisions to the SORN and as required by OMB's
Memorandum M-03-22 (September 26, 2003) and by the Privacy Act, 5
U.S.C. 552a.
Needs and Uses: The Twenty-First Century Communications and Video
Accessibility Act of 2010 (CVAA) directed the Commission to revise its
regulations to mandate closed captioning on IP-delivered video
programming that was published or exhibited on television with captions
after the effective date of the regulations. Accordingly, the
Commission requires video programming owners (VPOs) to send program
files to video programming distributors and providers (hereinafter
VPDs) with required captions, and it requires VPDs to enable the
rendering or pass through of all required captions to the end user. The
CVAA also directed the Commission to revise its regulations to mandate
that all apparatus designed to receive, play back, or record video
programming be equipped with built-in closed caption decoder circuitry
or capability designed to display closed-captioned video programming,
except that apparatus that use a picture screen that is 13 inches or
smaller and recording devices must comply only if doing so is
achievable. These rules are codified at 47 CFR 79.4 and 79.100-79.104.
The information collection requirements consist of:
(a) Mechanism for information about video programming subject to
the IP closed captioning requirements.
Pursuant to 47 CFR 79.4(c)(1)(ii) and (c)(2)(ii) of the
Commission's rules, VPOs and VPDs must agree upon a mechanism to make
information available to VPDs about video programming that becomes
subject to the requirements of 47 CFR 79.4 on an ongoing basis. VPDs
must make a good faith effort to identify video programming that must
be captioned when delivered using IP using the agreed upon mechanism.
For example, VPOs and VPDs may agree on a mechanism whereby the
VPOs provide captions or certifications that captions are not required,
and update those certifications and provide captions when captions
later become required. A VPD may rely in good faith on a certification
by a VPO that the programming need not be captioned: (1) If the
certification includes a clear and concise explanation of why captions
are not required; and (2) if the VPD is able to produce the
certification to the Commission in the event of a complaint. VPOs may
provide certifications for specific programming or a more general
certification, for example, for all programming covered by a particular
contract.
VPDs may seek Commission determinations that other proposed
mechanisms provide adequate information for them to rely on in good
faith by filing an informal request and providing sufficient
information for the Commission to make such determinations.
[[Page 39115]]
(b) Contact information for the receipt and handling of written
closed captioning complaints.
Pursuant to 47 CFR 79.4(c)(2)(iii), VPDs must make their contact
information available to end users for the receipt and handling of
written IP closed captioning complaints. The required contact
information includes the name of a person with primary responsibility
for IP captioning issues and who can ensure compliance with these
rules, as well as the person's title or office, telephone number, fax
number, postal mailing address, and email address. VPDs must keep this
information current and update it within 10 business days of any
change. The Commission expects that such contact information will be
prominently displayed in a way that it is accessible to all end users.
A general notice on the VPD's Web site with such contact information,
if provided, must be provided in a location that is conspicuous to
viewers.
(c) Petitions for exemption based on ``economic burden.''
Pursuant to 47 CFR 79.4(d), a VPO or VPD may petition the
Commission for a full or partial exemption from the closed captioning
requirements for IP-delivered video programming based upon a showing
that they would be economically burdensome. Petitions for exemption
must be supported with sufficient evidence to demonstrate economic
burden (significant difficulty or expense). The Commission will
consider four specific factors when determining economic burden and any
other factors the petitioner deems relevant, along with any available
alternatives that might constitute a reasonable substitute for the
closed captioning requirements. Petitions and subsequent pleadings must
be filed electronically.
The Commission will place such petitions on public notice. Comments
or oppositions to the petition may be filed electronically within 30
days after release of the public notice of the petition, and must
include a certification that the petitioner was served with a copy. The
petitioner may reply to any comments or oppositions filed within 20
days after the close of the period for filing comments or oppositions,
and replies must include a certification that the commenting or
opposing party was served with a copy. Upon a finding of good cause,
the Commission may lengthen or shorten any comment period and waive or
establish other procedural requirements. Petitions and responsive
pleadings must include a detailed, full showing, supported by
affidavit, of any facts or considerations relied on.
(d) Complaints alleging violations of the closed captioning rules
for IP-delivered video programming.
Pursuant to 47 CFR 79.4(e), a written complaint alleging a
violation of the closed captioning rules for IP-delivered video
programming may be filed with the Commission or with the VPD
responsible for enabling the rendering or pass through of the closed
captions for the video programming. Complaints must be filed within 60
days after the date the complainant experienced a problem with
captioning. Such complaints should (but are not required to) include
certain information.
If a complaint is filed first with the VPD, the VPD must respond in
writing to the complainant within 30 days after receipt of a closed
captioning compliant. If a VPD fails to respond timely, or the response
does not satisfy the consumer, the complainant may re-file the
complaint with the Commission within 30 days after the time allotted
for the VPD to respond. If a consumer re-files the complaint with the
Commission (after filing with the VPD) and the complaint satisfies the
requirements, the Commission will forward the complaint to the named
VPD, and to any other VPD and/or VPO that Commission staff determines
may be involved, who then must respond in writing to the Commission and
the complainant within 30 days after receipt of the complaint from the
Commission.
If a complaint is filed first with the Commission and the complaint
satisfies the requirements, the Commission will forward the complaint
to the named VPD and/or VPO, and to any other VPD and/or VPO that
Commission staff determine may be involved, who must respond in writing
to the Commission and the complainant within 30 days after receipt of
the complaint from the Commission. In response to a complaint, a VPD
and/or VPO must provide the Commission with sufficient records and
documentation. The Commission will review all relevant information
provided by the complainant and the subject VPDs and/or VPOs, as well
as any additional information the Commission deems relevant from its
files or public sources. The Commission may request additional
information from any relevant entities when, in the estimation of
Commission staff, such information is needed to investigate the
complaint or adjudicate potential violation(s) of Commission rules.
When the Commission requests additional information, parties to which
such requests are addressed must provide the requested information in
the manner and within the time period the Commission specifies.
(e) Requests for Commission determination of technical feasibility
of apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital
apparatus designed to receive or play back video programming that uses
a picture screen of any size must be equipped with built-in closed
caption decoder circuitry or capability designed to display closed-
captioned video programming, if technically feasible. If new apparatus
or classes of apparatus for viewing video programming emerge on which
it would not be technically feasible to include closed captioning,
parties may raise that argument as a defense to a complaint or,
alternatively, file a request under 47 CFR 1.41 for a Commission
determination of technical feasibility before manufacturing or
importing the product.
(f) Requests for Commission determination of achievability of
apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital
apparatus designed to receive or play back video programming that use a
picture screen less than 13 inches in size must be equipped with built-
in closed caption decoder circuitry or capability designed to display
closed-captioned video programming, only if doing so is achievable. In
addition, pursuant to 47 CFR 79.104(a), as of January 1, 2014, all
apparatus designed to record video programming must enable the
rendering or the pass through of closed captions such that viewers are
able to activate and de-activate the closed captions as the video
programming is played back, only if doing so is achievable.
Manufacturers of such apparatus may petition the Commission,
pursuant to 47 CFR 1.41, for a full or partial exemption from the
closed captioning requirements before manufacturing or importing the
apparatus or may assert as a response to a complaint that these
requirements, in full or in part, are not achievable. Pursuant to 47
CFR 79.103(b)(3), such a petition or response must be supported with
sufficient evidence to demonstrate that compliance is not achievable
(meaning with reasonable effort or expense) and the Commission will
consider four specific factors when making such determinations. In
evaluating evidence offered to prove that compliance was not
achievable, the Commission will be informed by the analysis in the ACS
Order.
(g) Petitions for purpose-based waivers of apparatus closed caption
requirements.
[[Page 39116]]
Manufacturers seeking certainty prior to the sale of a device may
petition the Commission, pursuant to 47 CFR 79.104(b)(4), for a full or
partial waiver of the closed captioning requirements based on one of
the following provisions:
(i) The apparatus is primarily designed for activities other than
receiving or playing back video programming transmitted simultaneously
with sound; or
(ii) The apparatus is designed for multiple purposes, capable of
receiving or playing back video programming transmitted simultaneously
with sound but whose essential utility is derived from other purposes.
(h) Complaints alleging violations of the apparatus closed caption
requirements.
Consumers may file written complaints alleging violations of the
Commission's rules, 47 CFR 79.101-79.104, requiring apparatus designed
to receive, play back, or record video programming to be equipped with
built-in closed caption decoder circuitry or capability designed to
display closed-captions. A written complaint filed with the Commission
must be transmitted to the Consumer and Governmental Affairs Bureau
through the Commission's online informal complaint filing system, U.S.
Mail, overnight delivery, or facsimile. Such complaints should include
certain information about the complainant and the alleged violation.
The Commission may forward such complaints to the named manufacturer or
provider, as well as to any other entity that Commission staff
determines may be involved, and may request additional information from
any relevant parties when, in the estimation of Commission staff, such
information is needed to investigate the complaint or adjudicate
potential violations of Commission rules.
OMB Control Number: 3060-1180.
Title: Expanding the Economic and Innovation Opportunities of
Spectrum Through Incentive Auctions.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities, state, local,
or tribal government and not for profit institutions.
Number of Respondents: 378 respondents; 378 responses.
Estimated Time per Response: 0.5 to 2 hours.
Frequency of Response: One-time and on occasion reporting
requirements, twice within 12 years reporting requirement, 6, 10 and
12-years reporting requirements and third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for these collections are contained in 47 U.S.C.
151, 154, 301, 303, 307, 308, 309, 310, 316, 319, 325(b), 332, 336(f),
338, 339, 340, 399b, 403, 534, 535, 1404, 1452, and 1454 of the
Communications Act of 1934.
Total Annual Burden: 581 hours.
Total Annual Cost: No cost.
Privacy Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: The FCC adopted the Expanding the Economic and
Innovation Opportunities of Spectrum Through Incentive Auctions Report
and Order, FCC 14-50, on May 15, 2014, published at 79 FR 48442 (Aug.
15, 2014). The Commission seeks approval from the Office of Management
and Budget (OMB) for some of the information collection requirements
contained in FCC 14-50. The Commission will use the information to
ensure compliance with required filings of notifications,
certifications, license renewals, license cancelations, and license
modifications. Also, such information will be used to minimize
interference and to determine compliance with Commission's rules.
The following is a description of the information collection
requirements for which the Commission seeks OMB approval:
Section 27.14(k) requires 600 MHz licensees to demonstrate
compliance with performance requirements by filing a construction
notification with the Commission, within 15 days of the applicable
benchmark.
Section 27.14(t)(6) requires 600 MHz licensees to make a renewal
showing as a condition of each renewal. The showing must include a
detailed description of the applicant's provision of service during the
entire license period and address: (i) The level and quality of service
provided by the applicant (including the population served, the area
served, the number of subscribers, the services offered); (ii) the date
service commenced, whether service was ever interrupted, and the
duration of any interruption or outage; (iii) the extent to which
service is provided to rural areas; (iv) the extent to which service is
provided to qualifying tribal land as defined in 47 CFR
1.2110(f)(3)(i); and (v) any other factors associated with the level of
service to the public.
Section 27.17(c) requires 600 MHz licensees to notify the
Commission within 10 days of discontinuance if they permanently
discontinue service by filing FCC Form 601 or 605 and requesting
license cancellation.
Section 27.19(b) requires 600 MHz licensees with base and fixed
stations in the 600 MHz downlink band within 25 kilometers of Very Long
Baseline Array (VLBA) observatories to coordinate with the National
Science Foundation (NSF) prior to commencing operations.
Section 27.19(c) requires 600 MHz licensees that intend to operate
base and fixed stations in the 600 MHz downlink band in locations near
the Radio Astronomy Observatory site located in Green Bank, Pocahontas
County, West Virginia, or near the Arecibo Observatory in Puerto Rico,
to comply with the provisions in 47 CFR 1.924.
Section 74.602(h)(5)(ii) requires 600 MHz licensees to notify the
licensee of a studio-transmitter link (TV STL), TV relay station, or TV
translator relay station of their intent to commence wireless
operations and the likelihood of harmful interference from the TV STL,
TV relay station, or TV translator relay station to those operations
within the wireless licensee's licensed geographic service area. The
notification is to be in the form of a letter, via certified mail,
return receipt requested and must be sent not less than 30 days in
advance of approximate date of commencement of operations.
Section 74.602(h)(5)(iii) requires all TV STL, TV relay station and
TV translator relay station licensees to modify or cancel their
authorizations and vacate the 600 MHz band no later than the end of the
post-auction transition period as defined in 47 CFR 27.4.
These rules which contain information collection requirements are
designed to provide for flexible use of this spectrum by allowing
licensees to choose their type of service offerings, to encourage
innovation and investment in mobile broadband use in this spectrum, and
to provide a stable regulatory environment in which broadband
deployment would be able to develop through the application of standard
terrestrial wireless rules. Without this information, the Commission
would not be able to carry out its statutory responsibilities.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015-16663 Filed 7-7-15; 8:45 am]
BILLING CODE 6712-01-P