Information Collections Being Submitted for Review and Approval to the Office of Management and Budget, 55847-55850 [2015-23309]
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Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices
o. Filing and Service of Responsive
Documents: Any filing must (1) bear in
all capital letters the title
‘‘COMMENTS’’, ‘‘PROTEST’’, or
‘‘MOTION TO INTERVENE’’ as
applicable; (2) set forth in the heading
the name of the applicant and the
project number of the application to
which the filing responds; (3) furnish
the name, address, and telephone
number of the person protesting or
intervening; and (4) otherwise comply
with the requirements of 18 CFR
385.2001 through 385.2005. All
comments, motions to intervene, or
protests must set forth their evidentiary
basis and otherwise comply with the
requirements of 18 CFR 4.34(b). All
comments, motions to intervene, or
protests should relate to impoundment
levels at the Buzzards Roost
Hydroelectric Project, which is the
subject of the variance. Agencies may
obtain copies of the application directly
from the applicant. A copy of any
protest or motion to intervene must be
served upon each representative of the
applicant specified in the particular
application. If an intervener files
comments or documents with the
Commission relating to the merits of an
issue that may affect the responsibilities
of a particular resource agency, they
must also serve a copy of the document
on that resource agency. A copy of all
other filings in reference to this
application must be accompanied by
proof of service on all persons listed in
the service list prepared by the
Commission in this proceeding, in
accordance with 18 CFR 4.34(b) and
385.2010.
Dated: September 10, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015–23319 Filed 9–16–15; 8:45 am]
BILLING CODE 6717–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–xxxx, 3060–0214, 3060–0113,
3060–0922, 3060–1065]
Information Collections Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
tkelley on DSK3SPTVN1PROD with NOTICES
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
SUMMARY:
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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 Office of
Management and Budget (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 October 19,
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
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55847
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-xxxx.
Title: SDARS Political Broadcasting
Requirements.
Form Number: N/A.
Type of Review: New collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 1 respondent; 1 response.
Estimated Time per Response: 10
hours.
Frequency of Response:
Recordkeeping requirement; on
occasion reporting requirements; third
party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority which covers this information
collection is contained in 47 U.S.C.
309(a) and 307(a) of the
Communications Act of 1934, as
amended.
Total Annual Burden: 20 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality:
Although the Commission does not
believe that any confidential
information will need to be disclosed in
order to comply with the information
collection requirements, applicants are
free to request that materials or
information submitted to the
Commission be withheld from public
inspection. (See 47 CFR 0.459 of the
Commission’s Rules.)
Privacy Impact Assessment: No
impact(s).
Needs and Uses: In 1997, the
Commission imposed political
broadcasting requirements on Satellite
Digital Audio Broadcasting Service
(‘‘SDARS’’) licensees. See Establishment
of Rules and Policies for the Digital
Audio Radio Satellite Service in the
2310–2360 MHz Frequency Band, 12
FCC Rcd 5754, 5792, para. 92 (1997)
(‘‘1997 SDARS Order’’), FCC 97–70. The
Commission stated that SDARS
licensees should comply with the same
substantive political debate provisions
as broadcasters: The federal candidate
access provision (47 U.S.C. Section
312(a)(7)) and the equal opportunities
provision (47 U.S.C. Section 315). The
1997 SDARS Order imposes the
following requirements on SDARS
licensees:
Lowest unit charge: Similar to
broadcasters, SDARS licensees must
disclose any practices offered to
commercial advertisers that enhance the
value of advertising spots and different
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Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices
classes of time. SDARS licensees must
also calculate the lowest unit charge and
are required to review their advertising
records throughout the election period
to determine whether compliance with
this rule section requires that candidates
receive rebates or credits. See 47 CFR
73.1942.
Political file: Similar to broadcasters,
SDARS licensees must also keep and
permit public inspection of a complete
record (political file) of all requests for
SDARS origination time made by or on
behalf of candidates for public office,
together with an appropriate notation
showing the disposition made by the
system of such requests, and the charges
made, if any, if the request is granted.
The disposition includes the schedule
of time purchased, when the spots
actually aired, the rates charged, and the
classes of time purchased. Also, when
free time is provided for use by or on
behalf of candidates, a record of the free
time provided is to be placed in the
political file as soon as possible and
maintained for a period of two years.
See 47 CFR 73.1943.
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: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; not for profit institutions;
individuals or households.
Number of Respondents and
Responses: 24,559 respondents; 63,235
responses.
Estimated Time per Response: 1–104
hours.
Frequency of Response:
Recordkeeping requirement; on
occasion reporting requirements; third
party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority which covers this information
collection is contained in Sections 151,
152, 154(i), 303, 307 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 2,375,337
hours.
Total Annual Cost: $882,631.
Nature and Extent of Confidentiality:
Most of the documents comprising the
public file consist of materials that are
not of a confidential nature.
Respondents complying with the
information collection requirements
may request that the information they
submit be withheld from disclosure. If
confidentiality is requested, such
requests will be processed in
accordance with the Commission’s
rules, 47 CFR 0.459.
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Privacy Impact Assessment: Should
respondents submit any PII as part of
the information collection requirements,
the FCC has an existing system of
records, FCC/MB–1, ‘‘Ownership of
Commercial Broadcast Stations,’’ that
may partially cover this PII. In addition,
the Commission has prepared a second
system of records notice, FCC/MB–2,
‘‘Broadcast Station Public Inspection
Files,’’ that will cover the PII contained
in the broadcast station public
inspection files to be located on the
Commission’s Web site. The
Commission is also drafting a PIA for
the records covered by this SORN.
Needs and Uses: Satellite Radio (also
referred to as ‘‘Satellite Digital Audio
Radio Services’’ or ‘‘SDARS’’) licensees
are required to comply with the
Commission’s EEO broadcast rules and
policies, including public file
obligations and periodic submissions to
the Commission. See Applications for
Consent to the Transfer of Control of
Licenses, XM Satellite Radio Holdings
Inc., Transferor, to Sirius Satellite Radio
Inc., Transferee, 23 FCC Rcd 12348,
12426,) 174, and note 551 (2008) (‘‘XMSirius Merger Order’’). See also
Establishment of Rules and Policies for
the Digital Audio Radio Satellite Service
in the 2310–2360 MHz Frequency Band,
12 FCC Rcd 5754, 5791–92,)) 91–92
(1997) (‘‘SDARS Order’’), FCC 97–70.
This collection is being revised to reflect
the burden associated with the EEO
public file requirements.
OMB Control Number: 3060–0113.
Title: Broadcast EEO Program Report,
FCC Form 396.
Form Number: FCC Form 396.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; not for profit institutions.
Number of Respondents and
Responses: 2,001 respondents; 2,001
responses.
Estimated Time per Response: 1.5
hours.
Frequency of Response: On renewal
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority which covers this information
collection is contained in Section 154(i)
and 303 of the Communications Act of
1934, as amended.
Total Annual Burden: 3,002 hours.
Total Annual Cost: $300,300.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: The Broadcast Equal
Employment Opportunity (EEO)
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Program Report, FCC Form 396, is a
device that is used to evaluate a
broadcaster’s EEO program to ensure
that satisfactory efforts are being made
to comply with FCC’s EEO
requirements. FCC Form 396 is required
to be filed at the time of renewal of
license by all AM, FM, TV, Low Power
TV and International stations. Licensees
in the Satellite Digital Audio Radio
Service (‘‘SDARS’’) also must file FCC
Form 396.
The recordkeeping requirements for
FCC Form 396 are covered under OMB
control number 3060–0214.
Revised Collection Requirement: In
1997, the Commission determined that
SDARS licensees must comply with the
Commission’s EEO requirements. See
Establishment of Rules and Policies for
the Digital Audio Radio Satellite Service
in the 2310–2360 MHz Frequency Band,
12 FCC Rcd 5754, 5791,) 91 (1997)
(‘‘1997 SDARS Order’’), FCC 97–70. In
2008, the Commission clarified that
SDARS licensees must comply with the
Commission’s EEO broadcast rules and
policies, including the same
recruitment, outreach, public file, Web
site posting, record-keeping, reporting,
and self-assessment obligations required
of broadcast licensees, consistent with
47 CFR 73.2080, as well as any other
Commission EEO policies. See
Applications for Consent to the Transfer
of Control of Licenses, SM Satellite
Radio Holdings Inc., Transferor, to
Sirius Satellite Radio Inc., Transferee,
23 FCC Rcd 12348, 12426,) 174, and
note 551 (2008) (‘‘XM-Sirius Merger
Order’’).
The Commission is making this
submission to the Office of Management
and Budget for approval to add SDARS
licensees to this information collection.
OMB Control Number: 3060–0922.
Title: Broadcast Mid-Term Report,
FCC Form 397.
Form Number: FCC Form 397.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; not-profit institutions.
Number of Respondents and
Responses: 1,181 respondents; 1,181
responses.
Estimated Time per Response: 0.5
hours.
Frequency of Response: Mid-point
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority which covers this information
collection is contained in Sections
154(i) and 303 of the Communications
Act, as amended.
Total Annual Burden: 591 hours.
Total Annual Cost: No cost.
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Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: 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. FCC Form 397 must
also be filed by Satellite Digital Audio
Radio Services (SDARS) licensees to
assess compliance with EEO outreach
requirements.
Revised Information Collection
Requirements Which Require Approval
and Review by the Office of
Management and Budget (OMB):
Satellite Radio (also referred to as
‘‘Satellite Digital Audio Radio Services’’
or ‘‘SDARS’’) licensees are required to
comply with the Commission’s EEO
broadcast rules and policies. They must
engage in the same recruitment,
outreach, public file, Web site posting,
record-keeping, reporting, and selfassessment obligations required of
broadcast licensees, consistent with 47
CFR 73.2080, and are subject to the
same EEO policies. See Applications for
Consent to the Transfer of Control of
Licenses, XM Satellite Radio Holdings
Inc., Transferor, to Sirius Satellite Radio
Inc., Transferee, 23 FCC Rcd 12348,
12426,) 174, and note 551 (2008) (‘‘XMSirius Merger Order’’).
See also Establishment of Rules and
Policies for the Digital Audio Radio
Satellite Service in the 2310–2360 MHz
Frequency Band, 12 FCC Rcd 5754,
5791–92,)) 91–92 (1997) (‘‘SDARS
Order’’), FCC 97–70. This collection is
being revised to reflect the burden
associated with filing FCC Form 397 by
SDARS licensees. Therefore, these
respondents are being added as
respondents to this collection. The form
is not being revised.
OMB Control Number: 3060–1065.
Title: Section 25.701 of the
Commission’s Rules, Direct Broadcast
Satellite Public Interest Obligations.
Form Number: N/A.
Type of Review: Reinstatement of a
previously approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 2 respondents; 2 responses.
Estimated Time per Response: 1–10
hours.
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Frequency of Response:
Recordkeeping requirement; on
occasion reporting requirement; one
time reporting requirement; annual
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority which covers this information
collection is contained in Section 335 of
the Communications Act of 1934, as
amended.
Total Annual Burden: 50 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality:
Although the Commission does not
believe that any confidential
information will need to be disclosed in
order to comply with the information
collection requirements, applicants are
free to request that materials or
information submitted to the
Commission be withheld from public
inspection. (See 47 CFR 0.459 of the
Commission’s Rules).
Privacy Impact Assessment: No
impact(s).
Needs and Uses: The Commission
vacated an Order on Reconsideration, In
the Matter of Implementation Of Section
25 Of The Cable Television Consumer
Protection And Competition Act Of
1992, Direct Broadcast Satellite Public
Interest Obligations, MM No. Docket
93–25 FCC 03–78, adopted April 9, 2003
and adopted in its place, in the same
proceeding, a Second Order on
Reconsideration of the First Report and
Order, Sua Sponte Order on
Reconsideration (‘‘Second Order’’) and
accompanying rules FCC 04–44,
released March 25, 2004. The Second
Order differs from the Order on
Reconsideration with respect to two
issues: (1) The political broadcasting
requirements, and (2) the guidelines
concerning commercialization of
children’s programming.
47 CFR 25.701(c)(1)(i)(C) states DBS
providers may establish and define their
own reasonable classes of immediately
preemptible time so long as the
differences between such classes are
based on one or more demonstrable
benefits associated with each class and
are not based solely upon price or
identity of the advertiser. Such
demonstrable benefits include, but are
not limited to, varying levels of
preemption protection, scheduling
flexibility, or associated privileges, such
as guaranteed time sensitive make
goods. DBS providers may not use class
distinctions to defeat the purpose of the
lowest unit charge requirement. All
classes must be fully disclosed and
made available to candidates.
47 CFR 25.701(c)(1)(i)(D) states DBS
providers may establish reasonable
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classes of preemptible with notice time
so long as they clearly define all such
classes, fully disclose them and make
them available to candidates.
47 CFR 25.701(c)(1)(i)(E) states DBS
providers may treat non preemptible
and fixed position as distinct classes of
time provided that they articulate
clearly the differences between such
classes, fully disclose them, and make
them available to candidates.
47 CFR 25.701(c)(1)(i)(I) states DBS
providers shall review their advertising
records periodically throughout the
election period to determine whether
compliance with this section requires
that candidates receive rebates or
credits. Where necessary, DBS providers
shall issue such rebates or credits
promptly.
47 CFR 25.701(c)(1)(i)(M) states DBS
providers must disclose and make
available to candidates any make good
policies provided to commercial
advertisers. If a DBS provider places a
make good for any commercial
advertiser or other candidate in a more
valuable program or daypart, the value
of such make good must be included in
the calculation of the lowest unit charge
for that program or daypart.
47 CFR 25.701(c)(1)(ii) states at any
time other than the respective periods
set forth in paragraph (c)(1)(i) of this
section, DBS providers may charge
legally qualified candidates for public
office no more than the charges made
for comparable use of the facility by
commercial advertisers. The rates, if
any, charged all such candidates for the
same office shall be uniform and shall
not be rebated by any means, direct or
indirect. A candidate shall be charged
no more than the rate the DBS provider
would charge for comparable
commercial advertising. All discount
privileges otherwise offered by a DBS
provider to commercial advertisers must
be disclosed and made available upon
equal terms to all candidates for public
office.
47 CFR 25.701(d) states each DBS
provider shall keep and permit public
inspection of a complete and orderly
political file and shall prominently
disclose the physical location of the file,
and the telephonic and electronic means
to access the file.
(1) The political file shall contain, at
a minimum:
(i) A record of all requests for DBS
origination time, the disposition of
those requests, and the charges made, if
any, if the request is granted. The
‘‘disposition’’ includes the schedule of
time purchased, when spots actually
aired, the rates charged, and the classes
of time purchased; and
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(ii) A record of the free time provided
if free time is provided for use by or on
behalf of candidates.
(2) DBS providers shall place all
records required by this section in a file
available to the public as soon as
possible and shall be retained for a
period of four years until December 31,
2006, and thereafter for a period of two
years.
47 CFR 25.701(e)(3) requires DBS
providers airing children’s programming
must maintain records sufficient to
verify compliance with this rule and
make such records available to the
public. Such records must be
maintained for a period sufficient to
cover the limitations period specified in
47 U.S.C. 503(b)(6)(B).
47 CFR 25.701(f)(6) states that each
DBS provider shall keep and permit
public inspection of a complete and
orderly record of:
(A) Quarterly measurements of
channel capacity and yearly average
calculations on which it bases its four
percent reservation, as well as its
response to any capacity changes;
(B) A record of entities to whom
noncommercial capacity is being
provided, the amount of capacity being
provided to each entity, the conditions
under which it is being provided and
the rates, if any, being paid by the
entity;
(C) A record of entities that have
requested capacity, disposition of those
requests and reasons for the disposition.
(ii) All records required by this
paragraph shall be placed in a file
available to the public as soon as
possible and shall be retained for a
period of two years.
The statutory authority which covers
this information collection is contained
in 47 U.S.C. 335 of the Communications
Act of 1934, as amended.
Revised Information Collection
Requirements:
The Commission is reinstating this
collection into the Office of
Management and Budget’s (OMB’s)
inventory because after further
evaluation the Commission has
determined that this collection is still
needed by the Commission because DBS
providers make up the majority of their
universe of respondents. Since this is
the case, OMB approval is still need for
this collection.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015–23309 Filed 9–16–15; 8:45 am]
BILLING CODE 6712–01–P
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FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0999]
Information Collection 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
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 Office of
Management and Budget (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 October 19,
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.
SUMMARY:
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.
ADDRESSES:
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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 No.: 3060–0999.
Title: Hearing Aid Compatibility
Status Report and Section 20.19,
Hearing Aid-Compatible Mobile
Handsets (Hearing Aid Compatibility
Act).
Form Number: FCC Form 655.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents: 925
respondents; 925 responses.
Estimated Time per Response:
13.041081 hours per response (average).
Frequency of Response: On occasion
and annual reporting requirements and
third party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. Sections 151,
154(i), 157, 160, 201, 202, 208, 214, 301,
303, 308, 309(j), 310 and 610 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 12,063 hours.
OMB Control No.: 3060–0999.
Title: Hearing Aid Compatibility
Status Report and Section 20.19,
Hearing Aid-Compatible Mobile
Handsets (Hearing Aid Compatibility
Act).
Form Number: FCC Form 655.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents: 925
respondents; 925 responses.
Estimated Time per Response:
13.041081 hours per response (average).
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\17SEN1.SGM
17SEN1
]]>Agencies
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Pages 55847-55850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23309]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-xxxx, 3060-0214, 3060-0113, 3060-0922, 3060-1065]
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 Office of Management
and Budget (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 October 19,
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-xxxx.
Title: SDARS Political Broadcasting Requirements.
Form Number: N/A.
Type of Review: New collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1 respondent; 1 response.
Estimated Time per Response: 10 hours.
Frequency of Response: Recordkeeping requirement; on occasion
reporting requirements; third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority which covers this information collection is
contained in 47 U.S.C. 309(a) and 307(a) of the Communications Act of
1934, as amended.
Total Annual Burden: 20 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality: Although the Commission does
not believe that any confidential information will need to be disclosed
in order to comply with the information collection requirements,
applicants are free to request that materials or information submitted
to the Commission be withheld from public inspection. (See 47 CFR 0.459
of the Commission's Rules.)
Privacy Impact Assessment: No impact(s).
Needs and Uses: In 1997, the Commission imposed political
broadcasting requirements on Satellite Digital Audio Broadcasting
Service (``SDARS'') licensees. See Establishment of Rules and Policies
for the Digital Audio Radio Satellite Service in the 2310-2360 MHz
Frequency Band, 12 FCC Rcd 5754, 5792, para. 92 (1997) (``1997 SDARS
Order''), FCC 97-70. The Commission stated that SDARS licensees should
comply with the same substantive political debate provisions as
broadcasters: The federal candidate access provision (47 U.S.C. Section
312(a)(7)) and the equal opportunities provision (47 U.S.C. Section
315). The 1997 SDARS Order imposes the following requirements on SDARS
licensees:
Lowest unit charge: Similar to broadcasters, SDARS licensees must
disclose any practices offered to commercial advertisers that enhance
the value of advertising spots and different
[[Page 55848]]
classes of time. SDARS licensees must also calculate the lowest unit
charge and are required to review their advertising records throughout
the election period to determine whether compliance with this rule
section requires that candidates receive rebates or credits. See 47 CFR
73.1942.
Political file: Similar to broadcasters, SDARS licensees must also
keep and permit public inspection of a complete record (political file)
of all requests for SDARS origination time made by or on behalf of
candidates for public office, together with an appropriate notation
showing the disposition made by the system of such requests, and the
charges made, if any, if the request is granted. The disposition
includes the schedule of time purchased, when the spots actually aired,
the rates charged, and the classes of time purchased. Also, when free
time is provided for use by or on behalf of candidates, a record of the
free time provided is to be placed in the political file as soon as
possible and maintained for a period of two years. See 47 CFR 73.1943.
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: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; not for profit
institutions; individuals or households.
Number of Respondents and Responses: 24,559 respondents; 63,235
responses.
Estimated Time per Response: 1-104 hours.
Frequency of Response: Recordkeeping requirement; on occasion
reporting requirements; third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority which covers this information collection is
contained in Sections 151, 152, 154(i), 303, 307 and 308 of the
Communications Act of 1934, as amended.
Total Annual Burden: 2,375,337 hours.
Total Annual Cost: $882,631.
Nature and Extent of Confidentiality: Most of the documents
comprising the public file consist of materials that are not of a
confidential nature. Respondents complying with the information
collection requirements may request that the information they submit be
withheld from disclosure. If confidentiality is requested, such
requests will be processed in accordance with the Commission's rules,
47 CFR 0.459.
Privacy Impact Assessment: Should respondents submit any PII as
part of the information collection requirements, the FCC has an
existing system of records, FCC/MB-1, ``Ownership of Commercial
Broadcast Stations,'' that may partially cover this PII. In addition,
the Commission has prepared a second system of records notice, FCC/MB-
2, ``Broadcast Station Public Inspection Files,'' that will cover the
PII contained in the broadcast station public inspection files to be
located on the Commission's Web site. The Commission is also drafting a
PIA for the records covered by this SORN.
Needs and Uses: Satellite Radio (also referred to as ``Satellite
Digital Audio Radio Services'' or ``SDARS'') licensees are required to
comply with the Commission's EEO broadcast rules and policies,
including public file obligations and periodic submissions to the
Commission. See Applications for Consent to the Transfer of Control of
Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius
Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426,) 174, and
note 551 (2008) (``XM-Sirius Merger Order''). See also Establishment of
Rules and Policies for the Digital Audio Radio Satellite Service in the
2310-2360 MHz Frequency Band, 12 FCC Rcd 5754, 5791-92,)) 91-92 (1997)
(``SDARS Order''), FCC 97-70. This collection is being revised to
reflect the burden associated with the EEO public file requirements.
OMB Control Number: 3060-0113.
Title: Broadcast EEO Program Report, FCC Form 396.
Form Number: FCC Form 396.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; not for profit
institutions.
Number of Respondents and Responses: 2,001 respondents; 2,001
responses.
Estimated Time per Response: 1.5 hours.
Frequency of Response: On renewal reporting requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority which covers this information collection is
contained in Section 154(i) and 303 of the Communications Act of 1934,
as amended.
Total Annual Burden: 3,002 hours.
Total Annual Cost: $300,300.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: The Broadcast Equal Employment Opportunity (EEO)
Program Report, FCC Form 396, is a device that is used to evaluate a
broadcaster's EEO program to ensure that satisfactory efforts are being
made to comply with FCC's EEO requirements. FCC Form 396 is required to
be filed at the time of renewal of license by all AM, FM, TV, Low Power
TV and International stations. Licensees in the Satellite Digital Audio
Radio Service (``SDARS'') also must file FCC Form 396.
The recordkeeping requirements for FCC Form 396 are covered under
OMB control number 3060-0214.
Revised Collection Requirement: In 1997, the Commission determined
that SDARS licensees must comply with the Commission's EEO
requirements. See Establishment of Rules and Policies for the Digital
Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, 12
FCC Rcd 5754, 5791,) 91 (1997) (``1997 SDARS Order''), FCC 97-70. In
2008, the Commission clarified that SDARS licensees must comply with
the Commission's EEO broadcast rules and policies, including the same
recruitment, outreach, public file, Web site posting, record-keeping,
reporting, and self-assessment obligations required of broadcast
licensees, consistent with 47 CFR 73.2080, as well as any other
Commission EEO policies. See Applications for Consent to the Transfer
of Control of Licenses, SM Satellite Radio Holdings Inc., Transferor,
to Sirius Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426,)
174, and note 551 (2008) (``XM-Sirius Merger Order'').
The Commission is making this submission to the Office of
Management and Budget for approval to add SDARS licensees to this
information collection.
OMB Control Number: 3060-0922.
Title: Broadcast Mid-Term Report, FCC Form 397.
Form Number: FCC Form 397.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; not-profit
institutions.
Number of Respondents and Responses: 1,181 respondents; 1,181
responses.
Estimated Time per Response: 0.5 hours.
Frequency of Response: Mid-point reporting requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority which covers this information collection is
contained in Sections 154(i) and 303 of the Communications Act, as
amended.
Total Annual Burden: 591 hours.
Total Annual Cost: No cost.
[[Page 55849]]
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: The Broadcast Mid-Term 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. FCC Form 397
must also be filed by Satellite Digital Audio Radio Services (SDARS)
licensees to assess compliance with EEO outreach requirements.
Revised Information Collection Requirements Which Require Approval
and Review by the Office of Management and Budget (OMB): Satellite
Radio (also referred to as ``Satellite Digital Audio Radio Services''
or ``SDARS'') licensees are required to comply with the Commission's
EEO broadcast rules and policies. They must engage in the same
recruitment, outreach, public file, Web site posting, record-keeping,
reporting, and self-assessment obligations required of broadcast
licensees, consistent with 47 CFR 73.2080, and are subject to the same
EEO policies. See Applications for Consent to the Transfer of Control
of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius
Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426,) 174, and
note 551 (2008) (``XM-Sirius Merger Order'').
See also Establishment of Rules and Policies for the Digital Audio
Radio Satellite Service in the 2310-2360 MHz Frequency Band, 12 FCC Rcd
5754, 5791-92,)) 91-92 (1997) (``SDARS Order''), FCC 97-70. This
collection is being revised to reflect the burden associated with
filing FCC Form 397 by SDARS licensees. Therefore, these respondents
are being added as respondents to this collection. The form is not
being revised.
OMB Control Number: 3060-1065.
Title: Section 25.701 of the Commission's Rules, Direct Broadcast
Satellite Public Interest Obligations.
Form Number: N/A.
Type of Review: Reinstatement of a previously approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 2 respondents; 2 responses.
Estimated Time per Response: 1-10 hours.
Frequency of Response: Recordkeeping requirement; on occasion
reporting requirement; one time reporting requirement; annual reporting
requirement; Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority which covers this information collection is
contained in Section 335 of the Communications Act of 1934, as amended.
Total Annual Burden: 50 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality: Although the Commission does
not believe that any confidential information will need to be disclosed
in order to comply with the information collection requirements,
applicants are free to request that materials or information submitted
to the Commission be withheld from public inspection. (See 47 CFR 0.459
of the Commission's Rules).
Privacy Impact Assessment: No impact(s).
Needs and Uses: The Commission vacated an Order on Reconsideration,
In the Matter of Implementation Of Section 25 Of The Cable Television
Consumer Protection And Competition Act Of 1992, Direct Broadcast
Satellite Public Interest Obligations, MM No. Docket 93-25 FCC 03-78,
adopted April 9, 2003 and adopted in its place, in the same proceeding,
a Second Order on Reconsideration of the First Report and Order, Sua
Sponte Order on Reconsideration (``Second Order'') and accompanying
rules FCC 04-44, released March 25, 2004. The Second Order differs from
the Order on Reconsideration with respect to two issues: (1) The
political broadcasting requirements, and (2) the guidelines concerning
commercialization of children's programming.
47 CFR 25.701(c)(1)(i)(C) states DBS providers may establish and
define their own reasonable classes of immediately preemptible time so
long as the differences between such classes are based on one or more
demonstrable benefits associated with each class and are not based
solely upon price or identity of the advertiser. Such demonstrable
benefits include, but are not limited to, varying levels of preemption
protection, scheduling flexibility, or associated privileges, such as
guaranteed time sensitive make goods. DBS providers may not use class
distinctions to defeat the purpose of the lowest unit charge
requirement. All classes must be fully disclosed and made available to
candidates.
47 CFR 25.701(c)(1)(i)(D) states DBS providers may establish
reasonable classes of preemptible with notice time so long as they
clearly define all such classes, fully disclose them and make them
available to candidates.
47 CFR 25.701(c)(1)(i)(E) states DBS providers may treat non
preemptible and fixed position as distinct classes of time provided
that they articulate clearly the differences between such classes,
fully disclose them, and make them available to candidates.
47 CFR 25.701(c)(1)(i)(I) states DBS providers shall review their
advertising records periodically throughout the election period to
determine whether compliance with this section requires that candidates
receive rebates or credits. Where necessary, DBS providers shall issue
such rebates or credits promptly.
47 CFR 25.701(c)(1)(i)(M) states DBS providers must disclose and
make available to candidates any make good policies provided to
commercial advertisers. If a DBS provider places a make good for any
commercial advertiser or other candidate in a more valuable program or
daypart, the value of such make good must be included in the
calculation of the lowest unit charge for that program or daypart.
47 CFR 25.701(c)(1)(ii) states at any time other than the
respective periods set forth in paragraph (c)(1)(i) of this section,
DBS providers may charge legally qualified candidates for public office
no more than the charges made for comparable use of the facility by
commercial advertisers. The rates, if any, charged all such candidates
for the same office shall be uniform and shall not be rebated by any
means, direct or indirect. A candidate shall be charged no more than
the rate the DBS provider would charge for comparable commercial
advertising. All discount privileges otherwise offered by a DBS
provider to commercial advertisers must be disclosed and made available
upon equal terms to all candidates for public office.
47 CFR 25.701(d) states each DBS provider shall keep and permit
public inspection of a complete and orderly political file and shall
prominently disclose the physical location of the file, and the
telephonic and electronic means to access the file.
(1) The political file shall contain, at a minimum:
(i) A record of all requests for DBS origination time, the
disposition of those requests, and the charges made, if any, if the
request is granted. The ``disposition'' includes the schedule of time
purchased, when spots actually aired, the rates charged, and the
classes of time purchased; and
[[Page 55850]]
(ii) A record of the free time provided if free time is provided
for use by or on behalf of candidates.
(2) DBS providers shall place all records required by this section
in a file available to the public as soon as possible and shall be
retained for a period of four years until December 31, 2006, and
thereafter for a period of two years.
47 CFR 25.701(e)(3) requires DBS providers airing children's
programming must maintain records sufficient to verify compliance with
this rule and make such records available to the public. Such records
must be maintained for a period sufficient to cover the limitations
period specified in 47 U.S.C. 503(b)(6)(B).
47 CFR 25.701(f)(6) states that each DBS provider shall keep and
permit public inspection of a complete and orderly record of:
(A) Quarterly measurements of channel capacity and yearly average
calculations on which it bases its four percent reservation, as well as
its response to any capacity changes;
(B) A record of entities to whom noncommercial capacity is being
provided, the amount of capacity being provided to each entity, the
conditions under which it is being provided and the rates, if any,
being paid by the entity;
(C) A record of entities that have requested capacity, disposition
of those requests and reasons for the disposition.
(ii) All records required by this paragraph shall be placed in a
file available to the public as soon as possible and shall be retained
for a period of two years.
The statutory authority which covers this information collection is
contained in 47 U.S.C. 335 of the Communications Act of 1934, as
amended.
Revised Information Collection Requirements:
The Commission is reinstating this collection into the Office of
Management and Budget's (OMB's) inventory because after further
evaluation the Commission has determined that this collection is still
needed by the Commission because DBS providers make up the majority of
their universe of respondents. Since this is the case, OMB approval is
still need for this collection.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015-23309 Filed 9-16-15; 8:45 am]
BILLING CODE 6712-01-P
