Information Collections Being Submitted for Review and Approval to the Office of Management and Budget, 81542-81545 [2015-32900]
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81542
Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices
Direct all PRA comments to
Cathy Williams, FCC, via email PRA@
fcc.gov and to Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0649.
Title: Sections 76.1601, Deletion or
Repositioning of Broadcast Signals;
Section 76.1617, Initial Must-Carry
Notice; 76.1607 and 76.1708 Principal
Headend.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions.
Number of Respondents and
Responses: 3,300 respondents and 4,100
responses.
Estimated Hours per Response: 0.5 to
1 hour.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement; Recordkeeping
requirement.
Total Annual Burden: 2,200 hours.
Total Annual Costs: None.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 4(i) and
614(b)(9) of the Communications Act of
1934, as amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality
required with this collection of
information.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: 47 CFR 76.1601
requires that effective April 2, 1993, a
cable operator shall provide written
notice to any broadcast television
station at least 30 days prior to either
deleting from carriage or repositioning
that station. Such notification shall also
be provided to subscribers of the cable
system.
47 CFR 76.1607 states that cable
operators shall provide written notice
by certified mail to all stations carried
on its system pursuant to the must-carry
rules at least 60 days prior to any
change in the designation of its
principal headend.
47 CFR 76.1617(a) states within 60
days of activation of a cable system, a
cable operator must notify all qualified
NCE stations of its designated principal
headend by certified mail.
47 CFR 76.1617(b) within 60 days of
activation of a cable system, a cable
operator must notify all local
commercial and NCE stations that may
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not be entitled to carriage because they
either:
(1) Fail to meet the standards for
delivery of a good quality signal to the
cable system’s principal headend, or
(2) May cause an increased copyright
liability to the cable system.
47 CFR 76.1617(c) states within 60
days of activation of a cable system, a
cable operator must send by certified
mail a copy of a list of all broadcast
television stations carried by its system
and their channel positions to all local
commercial and noncommercial
television stations, including those not
designated as must-carry stations and
those not carried on the system.
47 CFR 76.1708(a) states that the
operator of every cable television system
shall maintain for public inspection the
designation and location of its principal
headend. If an operator changes the
designation of its principal headend,
that new designation must be included
in its public file.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, The Office
of the Secretary.
[FR Doc. 2015–32901 Filed 12–29–15; 8:45 am]
BILLING CODE 6712–01–P
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 January 29, 2016.
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.
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:
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 ,
(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: 3060–0546.
Title: Section 76.59 Definition of
Markets for Purposes of the Cable
Television Mandatory Television
Broadcast Signal Carriage Rules.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business and other forprofit entities.
FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0546, 3060–0748, 3060–0980]
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,
SUMMARY:
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Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices
Number of Respondents and
Responses: 180 respondents and 200
responses.
Estimated Time per Response: 0.5 to
40 hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement; Recordkeeping
requirement.
Total Annual Burden: 1,486 hours.
Total Annual Costs: $1,387,950.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 151, 154(i), 303(r), 338 and
534.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: On September 2,
2015, the Commission released a Report
and Order (Order), FCC 15–111, in MB
Docket No. 15–71, adopting satellite
television market modification rules to
implement Section 102 of the Satellite
Television Extension and Localism Act
(STELA) Reauthorization Act of 2014
(STELAR). The STELAR amended the
Communications Act and the Copyright
Act to give the Commission authority to
modify a commercial television
broadcast station’s local television
market—defined by The Nielsen
Company’s Designated Market Area
(DMA) in which it is located—to
include additional communities or
exclude communities for purposes of
better effectuating satellite carriage
rights. The Commission previously had
the authority to modify a station’s
market only in the cable carriage
context. Market modification allows the
Commission to modify the local
television market of a particular
commercial television broadcast station
to enable commercial television
stations, cable operators and satellite
carriers to better serve the interests of
local communities. Market modification
provides a means to avoid rigid
adherence to DMA designations and to
promote consumer access to in-state and
other relevant television programming.
Section 338(l) of the Communications
Act (the satellite market modification
provision) and Section 614(h)(1)(C) of
the Communications Act (the
corresponding cable provision) permit
the Commission to add communities to
or delete communities from a station’s
local television market following a
written request. Furthermore, the
Commission may determine that
particular communities are part of more
than one television market.
Section 76.59(a) of the Commission’s
Rules authorizes the filing of market
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modification petitions and governs who
may file such a petition. With respect to
cable market modification petitions, a
commercial TV broadcast station and
cable system operator may file a market
modification petition to modify the
local television market of a particular
commercial television broadcast station
for purposes of cable carriage rights.
With respect to satellite market
modification petitions, a commercial TV
broadcast stations, satellite carrier and
county governmental entity (such as a
county board, council, commission or
other equivalent subdivision) may file a
market modification petition to modify
the local television market of a
particular commercial television
broadcast station for purposes of
satellite carriage rights. Section 76.59(b)
of the Commission’s Rules requires that
market modification petitions and
responsive pleadings (e.g., oppositions,
comments, reply comments) must be
submitted in accordance with the
procedures for filing Special Relief
petitions in Section 76.7 of the rules.
Section 76.59(b) of the Commission’s
Rules requires petitioners (e.g.,
commercial TV broadcast stations, cable
system operators, satellite carriers and
county governments) to include the
specific evidence in support of market
modification petitions.
Section 338(l)(3) of the
Communications Act provides that ‘‘[a]
market determination . . . shall not
create additional carriage obligations for
a satellite carrier if it is not technically
and economically feasible for such
carrier to accomplish such carriage by
means of its satellites in operation at the
time of the determination.’’ If a satellite
carrier opposes a market modification
petition because the resulting carriage
would be technically or economically
infeasible pursuant to Section 338(l)(3),
the carrier must provide specific
evidence in its opposition or response to
a pre-filing coordination request (see
below) to demonstrate its claim of
infeasibility. If the satellite carrier is
claiming infeasibility based on
insufficient spot beam coverage, then
the carrier may instead provide a
detailed certification submitted under
penalty of perjury. Although the
Commission will not require satellite
carriers to provide supporting
documentation as part of their
certification, the Commission may
decide to look behind any certification
and require supporting documentation
when it deems it appropriate, such as
when there is evidence that the
certification may be inaccurate. In the
event that the Commission requires
supporting documentation, it will
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require a satellite carrier to provide its
‘‘satellite link budget’’ calculations that
were created for the new community.
Because the Commission may determine
in a given case that supporting
documentation should be provided to
support a detailed certification, satellite
carriers are required to retain such
‘‘satellite link budget’’ information in
the event that the Commission
determines further review by the
Commission is necessary. Satellite
carriers must retain such information
throughout the pendency of
Commission or judicial proceedings
involving the certification and any
related market modification petition. If
satellite carriers have concerns about
providing proprietary and confidential
information underlying their analysis,
they may request confidentiality.
The Report and Order establishes a
‘‘pre-filing coordination’’ process that
will allow a prospective petitioner for
market modification (i.e., broadcaster or
county government), at its option, to
request/obtain a certification from a
satellite carrier about whether or not
(and to what extent) carriage resulting
from a contemplated market
modification is technically and
economically feasible for such carrier
before the prospective petitioner
undertakes the time and expense of
preparing and filing a satellite market
modification petition. To initiate this
process, a prospective petitioner may
make a request in writing to a satellite
carrier for the carrier to provide the
certification about the feasibility or
infeasibility of carriage. A satellite
carrier must respond to this request
within a reasonable amount of time by
providing a feasibility certification to
the prospective petitioner. A satellite
carrier must also file a copy of the
correspondence and feasibility
certification it provides to the
prospective petitioner in this docket
electronically via ECFS so that the
Media Bureau can track these
certifications and monitor carrier
response time. If the carrier is claiming
spot beam coverage infeasibility, then
the certification provided by the carrier
must be the same type of detailed
certification that would be required in
response to a market modification
petition. For any other claim of
infeasibility, the carrier’s feasibility
certification must explain in detail the
basis of such infeasibility and must be
prepared to provide documentation in
support of its claim, in the event the
prospective petitioner decides to seek a
Commission determination about the
validity of the carrier’s claim. If carriage
is feasible, a statement to that effect
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Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices
must be provided in the certification. To
obtain a Commission determination
about the validity of the carrier’s claim
of infeasibility, a prospective petitioner
must either file a (separate) petition for
special relief or its market modification
petition.
OMB Control Number: 3060–0980.
Title: Implementation of the Satellite
Home Viewer Improvement Act of 1999:
Local Broadcast Signal Carriage Issues
and Retransmission Consent Issues, 47
CFR Section 76.66.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 10,300 respondents; 11,978
responses.
Estimated Time per Response: 1 hour
to 5 hours.
Frequency of Response: Third party
disclosure requirement; On occasion
reporting requirement; Once every three
years reporting requirement;
Recordkeeping requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 325, 338, 339 and 340.
Total Annual Burden: 12,186 hours.
Total Annual Cost: $24,000.
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 September 2,
2015, the Commission released a Report
and Order (Order), FCC 15–111, in MB
Docket No. 15–71, adopting satellite
television market modification rules to
implement Section 102 of the Satellite
Television Extension and Localism Act
(STELA) Reauthorization Act of 2014
(STELAR). With respect to this
collection, the Order amended Section
76.66 of the Commission’s Rules by
adding a new paragraph (d)(6) that
addresses satellite carriage after a
market modification is granted by the
Commission.
47 CFR Section 76.66(d)(6) addresses
satellite carriage after a market
modification is granted by the
Commission. The rule states that
television broadcast stations that
become eligible for mandatory carriage
with respect to a satellite carrier
(pursuant to § 76.66) due to a change in
the market definition (by operation of a
market modification pursuant to
§ 76.59) may, within 30 days of the
effective date of the new definition,
elect retransmission consent or
mandatory carriage with respect to such
carrier. A satellite carrier shall
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commence carriage within 90 days of
receiving the carriage election from the
television broadcast station. The
election must be made in accordance
with the requirements of 47 CFR Section
76.66(d)(1).
OMB Control Number: 3060–0748.
Title: Section 64.104, 64.1509,
64.1510 Pay-Per-Call and Other
Information Services.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 5,125 respondents; 5,175
responses.
Estimated Time per Response: 2
hours–260 hours.
Frequency of Response: Annual and
on occasion reporting and
recordkeeping requirements; Third
party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority(s) for the information
collection are found at 47 U.S.C.
228(c)(7)–(10); Public Law 192–556, 106
stat. 4181 (1992), codified at 47 U.S.C.
228 (The Telephone Disclosure and
Dispute Resolution Act of 1992).
Total Annual Burden: 47,750 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information from individuals.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: 47 CFR 64.1504 of
the Commission’s rules incorporates the
requirements of Sections 228(c)(7)–(10)
of the Communications Act restricting
the manner in which toll-free numbers
may be used to charge telephone
subscribers for information services.
Common carriers may not charge a
calling party for information conveyed
on a toll-free number call, unless the
calling party: (1) Has executed a written
agreement that specifies the material
terms and conditions under which the
information is provided, or (2) pays for
the information by means of a prepaid
account, credit, debit, charge, or calling
card and the information service
provider gives the calling party an
introductory message disclosing the cost
and other terms and conditions for the
service. The disclosure requirements are
intended to ensure that consumers
know when charges will be levied for
calls to toll-free numbers and are able to
obtain information necessary to make
informed choices about whether to
purchase toll-free information services.
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47 CFR 64.1509 of the Commission rules
incorporates the requirements of 47
U.S.C. (c)(2) and 228 (d)(2)–(3) of the
Communications Act. Common carriers
that assign telephone numbers to payper-call services must disclose to all
interested parties, upon request, a list of
all assigned pay-per-call numbers. For
each assigned number, carriers must
also make available: (1) A description of
the pay-per-call services; (2) the total
cost per minute or other fees associated
with the service; and (3) the service
provider’s name, business address, and
telephone number. In addition, carriers
handling pay-per-call services must
establish a toll-free number that
consumers may call to receive
information about pay-per-call services.
Finally, the Commission requires
carriers to provide statements of payper-call rights and responsibilities to
new telephone subscribers at the time
service is established and, although not
required by statute, to all subscribers
annually.
Under 47 CFR 64.1510 of the
Commission’s rules, telephone bills
containing charges for interstate payper-call and other information services
must include information detailing
consumers’ rights and responsibilities
with respect to these charges.
Specifically, telephone bills carrying
pay-per-call charges must include a
consumer notification stating that: (1)
The charges are for non-communication
services; (2) local and long distance
telephone services may not be
disconnected for failure to pay per-call
charges; (3) pay-per-call (900 number)
blocking is available upon request; and
(4) access to pay-per-call services may
be involuntarily blocked for failure to
pay per-call charges. In addition, each
call billed must show the type of
services, the amount of the charge, and
the date, time, and duration of the call.
Finally, the bill must display a toll-free
number which subscribers may call to
obtain information about pay-per-call
services. Similar billing disclosure
requirements apply to charges for
information services either billed to
subscribers on a collect basis or
accessed by subscribers through a tollfree number. The billing disclosure
requirements are intended to ensure that
telephone subscribers billed for pay-percall or other information services can
understand the charges levied and are
informed of their rights and
responsibilities with respect to payment
of such charges.
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Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer. Office of
Secretary.
[FR Doc. 2015–32900 Filed 12–29–15; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[AU Docket No. 14–252, GN Docket No. 12–
268, WT Docket No. 12–269; DA 15–1428]
Application Procedures for Broadcast
Incentive Auction Scheduled To Begin
on March 29, 2016; Updates and Other
Supplemental Information
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
This document updates and
supplements information on procedures
for the Broadcast Incentive Auction.
FOR FURTHER INFORMATION CONTACT:
Wireless Telecommunications Bureau,
Auctions and Spectrum Access Division:
For general auction questions contact
Linda Sanderson, at (717) 338–2868; for
reverse auction legal questions contact
Erin Griffith or Kathryn Hinton at (202)
418–0660; for forward auction legal
questions contact Leslie Barnes or
Valerie Barrish at (202) 418–0660.
SUPPLEMENTARY INFORMATION: This is a
summary of the Broadcast Incentive
Auction Supplemental Information
Public Notice (PN), AU Docket No. 14–
252, GN Docket No. 12–268, WT Docket
No. 12–269, DA 15–1428, released on
December 21, 2015. The complete text
of the Broadcast Incentive Auction
Supplemental Information PN,
including the attachments, is available
for public inspection and copying from
8:00 a.m. to 4:30 p.m. ET Monday
through Thursday or from 8:00 a.m. to
11:30 a.m. ET on Fridays in the FCC
Reference Information Center, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. The complete
text is also available on the
Commission’s Web site at https://
wireless.fcc.gov, or by using the search
function on the ECFS Web page at
https://www.fcc.gov/cgb/ecfs/.
Alternative formats are available to
persons with disabilities by sending an
email to FCC504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
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SUMMARY:
I. Introduction
1. The Wireless Telecommunications
Bureau (Bureau) updates and
supplements information provided in
the Auction 1000 Application
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Procedures Public Notice (PN), 80 FR
66429, October 29, 2015. Specifically,
the Bureau announces that the preauction process tutorial for the forward
auction will be available by January 19,
2016; provides additional information
concerning access to the Commission’s
bidding system (Auction System) for the
reverse and forward auctions; provides
additional details about the grouping of
Partial Economic Areas (PEAs) in the
assignment phase of the forward
auction; and makes ministerial changes
to two of the appendices released with
the Auction 1000 Application
Procedures PN. All other dates and
deadlines, as well as other application
procedures, instructions, and
information, remain as previously
announced.
II. Tutorial on Forward Auction PreAuction Process To Be Available by
January 19, 2016
2. The Bureau will make available an
interactive, online tutorial focusing on
the pre-auction application process for
the forward auction (Auction 1002) no
later than January 19, 2016. The preauction application process tutorial will
be accessible from the Commission’s
Auction 1002 Web page at https://
www.fcc.gov/auctions/1002 through a
link under the ‘‘Education’’ tab. Once
posted, the tutorial will remain
available and accessible on the Auction
1002 Web page anytime for reference.
III. Access to the Auction System for
Bidding
3. As previously described in the
Auction 1000 Application Procedures
PN, an applicant must have an FCCprovided SecurID® token to access the
Auction System in order to place bids
in the reverse or forward clock rounds,
as well as to participate in any mock
auction. SecurID® tokens will be
distributed to applicants for the reverse
auction prior to the deadline for initial
commitments, and to forward auction
applicants prior to the announcement of
qualified bidders, to enable applicants
with complete applications to practice
with the Auction System. Each
authorized bidder identified on an
applicant’s FCC Form 177 or 175 will be
issued a unique SecurID® token tailored
to that bidder. For security purposes,
the SecurID® tokens, the telephonic
bidding telephone number, and the
relevant Auction System Bidder’s Guide
are mailed only to the applicant’s
contact person at the contact address
listed on its auction application.
A. Reverse Auction Applicants
4. Each reverse auction (Auction
1001) applicant permitted to make an
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81545
initial commitment must do so in the
Auction System using a SecurID® token.
The Bureau will therefore provide
SecurID® tokens prior to the initial
commitment deadline.
5. As explained in the Auction 1000
Application Procedures PN, an
applicant will receive confidential
notices concerning the status of its
application and of each station selected
on its application after the initial filing
deadline (First Confidential Status
Letter) and after the resubmission
deadline (Second Confidential Status
Letter), respectively. Each applicant
whose application and at least one
selected station have been deemed
‘‘complete’’ in the Second Confidential
Status Letter will be permitted to make
an initial commitment to a preferred
relinquishment option for each
complete station using a SecurID®
token. Additional instructions for
making an initial commitment will be
provided to each applicant with one or
more complete stations as an enclosure
to its Second Confidential Status Letter.
6. Once the initial clearing target has
been determined based on initial
commitments, an applicant that was
permitted to make an initial
commitment will receive a third
confidential status letter (Final
Confidential Status Letter) notifying the
applicant for each complete station
whether or not the station is qualified to
bid in the clock rounds of the reverse
auction. An applicant with one or more
qualified stations will be eligible to
participate in a mock auction prior to
bidding in the clock rounds of the
reverse auction. Additional instructions
for participating in the mock auction
and for placing bids in the clock rounds
of the reverse auction, using the
applicant’s previously received
SecurID® tokens, will be provided to
each applicant that has at least one
station qualified to bid. Any applicant
with a station that is not qualified to bid
in the reverse auction clock rounds will
not be able to place clock round bids for
that station in the Auction System.
B. Forward Auction Applicants
7. As described in the Auction 1000
Application Procedures PN, an Auction
1002 applicant whose application has
been deemed to be ‘‘complete’’ will be
eligible to practice with the Auction
System prior to the mock auction that
will be offered to qualified bidders. Any
applicant that is eligible to practice with
the Auction System must have a
SecurID® token to log in. SecurID®
tokens along with instructions for
practicing with the Auction System will
therefore be distributed to each
applicant whose application is listed as
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Agencies
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Notices]
[Pages 81542-81545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32900]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0546, 3060-0748, 3060-0980]
Information Collections Being Submitted for Review and Approval
to the Office of Management and Budget
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal 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 January 29,
2016. 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: 3060-0546.
Title: Section 76.59 Definition of Markets for Purposes of the
Cable Television Mandatory Television Broadcast Signal Carriage Rules.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business and other for-profit entities.
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Number of Respondents and Responses: 180 respondents and 200
responses.
Estimated Time per Response: 0.5 to 40 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement; Recordkeeping requirement.
Total Annual Burden: 1,486 hours.
Total Annual Costs: $1,387,950.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in 47 U.S.C. 151,
154(i), 303(r), 338 and 534.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: On September 2, 2015, the Commission released a
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting
satellite television market modification rules to implement Section 102
of the Satellite Television Extension and Localism Act (STELA)
Reauthorization Act of 2014 (STELAR). The STELAR amended the
Communications Act and the Copyright Act to give the Commission
authority to modify a commercial television broadcast station's local
television market--defined by The Nielsen Company's Designated Market
Area (DMA) in which it is located--to include additional communities or
exclude communities for purposes of better effectuating satellite
carriage rights. The Commission previously had the authority to modify
a station's market only in the cable carriage context. Market
modification allows the Commission to modify the local television
market of a particular commercial television broadcast station to
enable commercial television stations, cable operators and satellite
carriers to better serve the interests of local communities. Market
modification provides a means to avoid rigid adherence to DMA
designations and to promote consumer access to in-state and other
relevant television programming. Section 338(l) of the Communications
Act (the satellite market modification provision) and Section
614(h)(1)(C) of the Communications Act (the corresponding cable
provision) permit the Commission to add communities to or delete
communities from a station's local television market following a
written request. Furthermore, the Commission may determine that
particular communities are part of more than one television market.
Section 76.59(a) of the Commission's Rules authorizes the filing of
market modification petitions and governs who may file such a petition.
With respect to cable market modification petitions, a commercial TV
broadcast station and cable system operator may file a market
modification petition to modify the local television market of a
particular commercial television broadcast station for purposes of
cable carriage rights. With respect to satellite market modification
petitions, a commercial TV broadcast stations, satellite carrier and
county governmental entity (such as a county board, council, commission
or other equivalent subdivision) may file a market modification
petition to modify the local television market of a particular
commercial television broadcast station for purposes of satellite
carriage rights. Section 76.59(b) of the Commission's Rules requires
that market modification petitions and responsive pleadings (e.g.,
oppositions, comments, reply comments) must be submitted in accordance
with the procedures for filing Special Relief petitions in Section 76.7
of the rules. Section 76.59(b) of the Commission's Rules requires
petitioners (e.g., commercial TV broadcast stations, cable system
operators, satellite carriers and county governments) to include the
specific evidence in support of market modification petitions.
Section 338(l)(3) of the Communications Act provides that ``[a]
market determination . . . shall not create additional carriage
obligations for a satellite carrier if it is not technically and
economically feasible for such carrier to accomplish such carriage by
means of its satellites in operation at the time of the
determination.'' If a satellite carrier opposes a market modification
petition because the resulting carriage would be technically or
economically infeasible pursuant to Section 338(l)(3), the carrier must
provide specific evidence in its opposition or response to a pre-filing
coordination request (see below) to demonstrate its claim of
infeasibility. If the satellite carrier is claiming infeasibility based
on insufficient spot beam coverage, then the carrier may instead
provide a detailed certification submitted under penalty of perjury.
Although the Commission will not require satellite carriers to provide
supporting documentation as part of their certification, the Commission
may decide to look behind any certification and require supporting
documentation when it deems it appropriate, such as when there is
evidence that the certification may be inaccurate. In the event that
the Commission requires supporting documentation, it will require a
satellite carrier to provide its ``satellite link budget'' calculations
that were created for the new community. Because the Commission may
determine in a given case that supporting documentation should be
provided to support a detailed certification, satellite carriers are
required to retain such ``satellite link budget'' information in the
event that the Commission determines further review by the Commission
is necessary. Satellite carriers must retain such information
throughout the pendency of Commission or judicial proceedings involving
the certification and any related market modification petition. If
satellite carriers have concerns about providing proprietary and
confidential information underlying their analysis, they may request
confidentiality.
The Report and Order establishes a ``pre-filing coordination''
process that will allow a prospective petitioner for market
modification (i.e., broadcaster or county government), at its option,
to request/obtain a certification from a satellite carrier about
whether or not (and to what extent) carriage resulting from a
contemplated market modification is technically and economically
feasible for such carrier before the prospective petitioner undertakes
the time and expense of preparing and filing a satellite market
modification petition. To initiate this process, a prospective
petitioner may make a request in writing to a satellite carrier for the
carrier to provide the certification about the feasibility or
infeasibility of carriage. A satellite carrier must respond to this
request within a reasonable amount of time by providing a feasibility
certification to the prospective petitioner. A satellite carrier must
also file a copy of the correspondence and feasibility certification it
provides to the prospective petitioner in this docket electronically
via ECFS so that the Media Bureau can track these certifications and
monitor carrier response time. If the carrier is claiming spot beam
coverage infeasibility, then the certification provided by the carrier
must be the same type of detailed certification that would be required
in response to a market modification petition. For any other claim of
infeasibility, the carrier's feasibility certification must explain in
detail the basis of such infeasibility and must be prepared to provide
documentation in support of its claim, in the event the prospective
petitioner decides to seek a Commission determination about the
validity of the carrier's claim. If carriage is feasible, a statement
to that effect
[[Page 81544]]
must be provided in the certification. To obtain a Commission
determination about the validity of the carrier's claim of
infeasibility, a prospective petitioner must either file a (separate)
petition for special relief or its market modification petition.
OMB Control Number: 3060-0980.
Title: Implementation of the Satellite Home Viewer Improvement Act
of 1999: Local Broadcast Signal Carriage Issues and Retransmission
Consent Issues, 47 CFR Section 76.66.
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 10,300 respondents; 11,978
responses.
Estimated Time per Response: 1 hour to 5 hours.
Frequency of Response: Third party disclosure requirement; On
occasion reporting requirement; Once every three years reporting
requirement; Recordkeeping requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in 47 U.S.C. 325,
338, 339 and 340.
Total Annual Burden: 12,186 hours.
Total Annual Cost: $24,000.
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 September 2, 2015, the Commission released a
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting
satellite television market modification rules to implement Section 102
of the Satellite Television Extension and Localism Act (STELA)
Reauthorization Act of 2014 (STELAR). With respect to this collection,
the Order amended Section 76.66 of the Commission's Rules by adding a
new paragraph (d)(6) that addresses satellite carriage after a market
modification is granted by the Commission.
47 CFR Section 76.66(d)(6) addresses satellite carriage after a
market modification is granted by the Commission. The rule states that
television broadcast stations that become eligible for mandatory
carriage with respect to a satellite carrier (pursuant to Sec. 76.66)
due to a change in the market definition (by operation of a market
modification pursuant to Sec. 76.59) may, within 30 days of the
effective date of the new definition, elect retransmission consent or
mandatory carriage with respect to such carrier. A satellite carrier
shall commence carriage within 90 days of receiving the carriage
election from the television broadcast station. The election must be
made in accordance with the requirements of 47 CFR Section 76.66(d)(1).
OMB Control Number: 3060-0748.
Title: Section 64.104, 64.1509, 64.1510 Pay-Per-Call and Other
Information Services.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 5,125 respondents; 5,175
responses.
Estimated Time per Response: 2 hours-260 hours.
Frequency of Response: Annual and on occasion reporting and
recordkeeping requirements; Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority(s) for the information collection are found at 47
U.S.C. 228(c)(7)-(10); Public Law 192-556, 106 stat. 4181 (1992),
codified at 47 U.S.C. 228 (The Telephone Disclosure and Dispute
Resolution Act of 1992).
Total Annual Burden: 47,750 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality: An assurance of
confidentiality is not offered because this information collection does
not require the collection of personally identifiable information from
individuals.
Privacy Impact Assessment: No impact(s).
Needs and Uses: 47 CFR 64.1504 of the Commission's rules
incorporates the requirements of Sections 228(c)(7)-(10) of the
Communications Act restricting the manner in which toll-free numbers
may be used to charge telephone subscribers for information services.
Common carriers may not charge a calling party for information conveyed
on a toll-free number call, unless the calling party: (1) Has executed
a written agreement that specifies the material terms and conditions
under which the information is provided, or (2) pays for the
information by means of a prepaid account, credit, debit, charge, or
calling card and the information service provider gives the calling
party an introductory message disclosing the cost and other terms and
conditions for the service. The disclosure requirements are intended to
ensure that consumers know when charges will be levied for calls to
toll-free numbers and are able to obtain information necessary to make
informed choices about whether to purchase toll-free information
services. 47 CFR 64.1509 of the Commission rules incorporates the
requirements of 47 U.S.C. (c)(2) and 228 (d)(2)-(3) of the
Communications Act. Common carriers that assign telephone numbers to
pay-per-call services must disclose to all interested parties, upon
request, a list of all assigned pay-per-call numbers. For each assigned
number, carriers must also make available: (1) A description of the
pay-per-call services; (2) the total cost per minute or other fees
associated with the service; and (3) the service provider's name,
business address, and telephone number. In addition, carriers handling
pay-per-call services must establish a toll-free number that consumers
may call to receive information about pay-per-call services. Finally,
the Commission requires carriers to provide statements of pay-per-call
rights and responsibilities to new telephone subscribers at the time
service is established and, although not required by statute, to all
subscribers annually.
Under 47 CFR 64.1510 of the Commission's rules, telephone bills
containing charges for interstate pay-per-call and other information
services must include information detailing consumers' rights and
responsibilities with respect to these charges. Specifically, telephone
bills carrying pay-per-call charges must include a consumer
notification stating that: (1) The charges are for non-communication
services; (2) local and long distance telephone services may not be
disconnected for failure to pay per-call charges; (3) pay-per-call (900
number) blocking is available upon request; and (4) access to pay-per-
call services may be involuntarily blocked for failure to pay per-call
charges. In addition, each call billed must show the type of services,
the amount of the charge, and the date, time, and duration of the call.
Finally, the bill must display a toll-free number which subscribers may
call to obtain information about pay-per-call services. Similar billing
disclosure requirements apply to charges for information services
either billed to subscribers on a collect basis or accessed by
subscribers through a toll-free number. The billing disclosure
requirements are intended to ensure that telephone subscribers billed
for pay-per-call or other information services can understand the
charges levied and are informed of their rights and responsibilities
with respect to payment of such charges.
[[Page 81545]]
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer. Office of Secretary.
[FR Doc. 2015-32900 Filed 12-29-15; 8:45 am]
BILLING CODE 6712-01-P