Information Collection Being Submitted for Review and Approval to the Office of Management and Budget, 52724-52728 [2017-24632]
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respondents are not being asked to
submit confidential information to the
Commission.
Needs and Uses: The information
collection requirements contained in
this collection are covered in 47 CFR
73.3544(b) requires an informal
application, see Sec. 73.3511(b), may be
filed with the FCC in Washington, DC,
Attention: Audio Division (radio) or
Video Division (television), Media
Bureau, to cover the following changes:
(1) A correction of the routing
instructions and description of an AM
station directional antenna system field
monitoring point, when the point itself
is not changed.
(2) A change in the type of AM station
directional antenna monitor. See Sec.
73.69.
(3) A change in the location of the
station main studio when prior
authority to move the main studio
location is not required.
(4) The location of a remote control
point of an AM or FM station when
prior authority to operate by remote
control is not required.
Also, information collection
requirements are contained in 47 CFR
73.3544(c) which requires a change in
the name of the licensee where no
change in ownership or control is
involved may be accomplished by
written notification by the licensee to
the Commission.
OMB Control Number: 3060–0340.
Title: Section 73.51, Determining
Operating Power.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 750 respondents; 834
responses.
Estimated Time per Response: 0.25 to
3.0 hours.
Frequency of Response:
Recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Section
154(i) of the Communications Act of
1934, as amended.
Total Annual Burden: 440 hours.
Total Annual Cost: None.
Privacy Impact Assessment(s): No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality and
respondents are not being asked to
submit confidential information to the
Commission.
Needs and Uses: When it is not
possible to use the direct method of
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power determination due to technical
reasons, the indirect method of
determining antenna input power might
be used on a temporary basis. 47 CFR
Section 73.51(d) requires that a notation
be made in the station log indicating the
dates of commencement and
termination of measurement using the
indirect method of power
determination. 47 CFR Section 73.51(e)
requires that AM stations determining
the antenna input power by the indirect
method must determine the value F
(efficiency factor) applicable to each
mode of operation and must maintain a
record thereof with a notation of its
derivation. FCC staff use this
information in field investigations to
monitor licensees’ compliance with the
FCC’s technical rules and to ensure that
licensee is operating in accordance with
its station authorization. Station
personnel use the value F (efficiency
factor) in the event that measurement by
the indirect method of power is
necessary.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Office of the Secretary.
[FR Doc. 2017–24616 Filed 11–13–17; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0888]
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, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
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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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 Commission 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 December 14,
2017. 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 listed 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 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: 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
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
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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.
OMB Control Number: 3060–0888.
Title: Section 1.221, Notice of hearing;
appearances; Section 1.229 Motions to
enlarge, change, or delete issues;
Section 1.248 Prehearing conferences;
hearing conferences; Section 76.7,
Petition Procedures; Section 76.9,
Confidentiality of Proprietary
Information; Section 76.61, Dispute
Concerning Carriage; Section 76.914,
Revocation of Certification; Section
76.1001, Unfair Practices; Section
76.1003, Program Access Proceedings;
Section 76.1302, Carriage Agreement
Proceedings; Section 76.1513, Open
Video Dispute Resolution.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
Respondents: Businesses or other forprofit.
Number of Respondents and
Responses: 684 respondents; 684
responses.
Estimated Time per Response: 6.4 to
95.4 hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in 47 U.S.C.
154(i) and (j), 303(r), 338, 340, 534, 535,
536, 543, 548 and 573.
Total Annual Burden: 34,816 hours.
Total Annual Cost: $3,671,370.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
A party that wishes to have
confidentiality for proprietary
information with respect to a
submission it is making to the
Commission must file a petition
pursuant to the pleading requirements
in Section 76.7 and use the method
described in Sections 0.459 and 76.9 to
demonstrate that confidentiality is
warranted.
Needs and Uses: Commission rules
specify pleading and other procedural
requirements for parties filing petitions
or complaints under Part 76 of the
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Commission’s rules, including petitions
for special relief, cable carriage
complaints, program access complaints,
and program carriage complaints.
Therefore, the information collection
requirements contained in this
collection are as follows:
47 CFR 1.221(h) requires that, in a
program carriage complaint proceeding
filed pursuant to § 76.1302 that the
Chief, Media Bureau refers to an
administrative law judge for an initial
decision, each party, in person or by
attorney, shall file a written appearance
within five calendar days after the party
informs the Chief Administrative Law
Judge that it elects not to pursue
alternative dispute resolution pursuant
to § 76.7(g)(2) or, if the parties have
mutually elected to pursue alternative
dispute resolution pursuant to
§ 76.7(g)(2), within five calendar days
after the parties inform the Chief
Administrative Law Judge that they
have failed to resolve their dispute
through alternative dispute resolution.
The written appearance shall state that
the party will appear on the date fixed
for hearing and present evidence on the
issues specified in the hearing
designation order.
47 CFR 1.229(b)(2) requires that, in a
program carriage complaint proceeding
filed pursuant to § 76.1302 that the
Chief, Media Bureau refers to an
administrative law judge for an initial
decision, a motion to enlarge, change, or
delete issues shall be filed within 15
calendar days after the deadline for
submitting written appearances
pursuant to § 1.221(h), except that
persons not named as parties to the
proceeding in the designation order may
file such motions with their petitions to
intervene up to 30 days after publication
of the full text or a summary of the
designation order in the Federal
Register.
47 CFR 1.229(b)(3) provides that any
person desiring to file a motion to
modify the issues after the expiration of
periods specified in paragraphs (a),
(b)(1), and (b)(2) of § 1.229, shall set
forth the reason why it was not possible
to file the motion within the prescribed
period.
47 CFR 1.248(a) provides that the
initial prehearing conference as directed
by the Commission shall be scheduled
30 days after the effective date of the
order designating a case for hearing,
unless good cause is shown for
scheduling such conference at a later
date, except that for program carriage
complaints filed pursuant to § 76.1302
that the Chief, Media Bureau refers to an
administrative law judge for an initial
decision, the initial prehearing
conference shall be held no later than 10
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calendar days after the deadline for
submitting written appearances
pursuant to § 1.221(h) or within such
shorter or longer period as the
Commission may allow on motion or
notice consistent with the public
interest.
47 CFR 1.248(b) provides that the
initial prehearing conference as directed
by the presiding officer shall be
scheduled 30 days after the effective
date of the order designating a case for
hearing, unless good cause is shown for
scheduling such conference at a later
date, except that for program carriage
complaints filed pursuant to § 76.1302
that the Chief, Media Bureau refers to an
administrative law judge for an initial
decision, the initial prehearing
conference shall be held no later than 10
calendar days after the deadline for
submitting written appearances
pursuant to § 1.221(h) or within such
shorter or longer period as the presiding
officer may allow on motion or notice
consistent with the public interest.
47 CFR 76.7. Pleadings seeking to
initiate FCC action must adhere to the
requirements of Section 76.6 (general
pleading requirements) and Section 76.7
(initiating pleading requirements).
Section 76.7 is used for numerous types
of petitions and special relief petitions,
including general petitions seeking
special relief, waivers, enforcement,
show cause, forfeiture and declaratory
ruling procedures.
47 CFR 76.7(g)(2) provides that, in a
proceeding initiated pursuant to § 76.7
that is referred to an administrative law
judge, the parties may elect to resolve
the dispute through alternative dispute
resolution procedures, or may proceed
with an adjudicatory hearing, provided
that the election shall be submitted in
writing to the Commission and the Chief
Administrative Law Judge.
47 CFR 76.9. A party that wishes to
have confidentiality for proprietary
information with respect to a
submission it is making to the FCC must
file a petition pursuant to the pleading
requirements in Section 76.7 and use
the method described in Sections 0.459
and 76.9 to demonstrate that
confidentiality is warranted. The
petitions filed pursuant to this provision
are contained in the existing
information collection requirement and
are not changed by the rule changes.
47 CFR 76.61(a) permits a local
commercial television station or
qualified low power television station
that is denied carriage or channel
positioning or repositioning in
accordance with the must-carry rules by
a cable operator to file a complaint with
the FCC in accordance with the
procedures set forth in Section 76.7.
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Section 76.61(b) permits a qualified
local noncommercial educational
television station that believes a cable
operator has failed to comply with the
FCC’s signal carriage or channel
positioning requirements (Sections
76.56 through 76.57) to file a complaint
with the FCC in accordance with the
procedures set forth in Section 76.7.
47 CFR 76.61(a)(1) states that
whenever a local commercial television
station or a qualified low power
television station believes that a cable
operator has failed to meet its carriage
or channel positioning obligations,
pursuant to Sections 76.56 and 76.57,
such station shall notify the operator, in
writing, of the alleged failure and
identify its reasons for believing that the
cable operator is obligated to carry the
signal of such station or position such
signal on a particular channel.
47 CFR 76.61(a)(2) states that the
cable operator shall, within 30 days of
receipt of such written notification,
respond in writing to such notification
and either commence to carry the signal
of such station in accordance with the
terms requested or state its reasons for
believing that it is not obligated to carry
such signal or is in compliance with the
channel positioning and repositioning
and other requirements of the mustcarry rules. If a refusal for carriage is
based on the station’s distance from the
cable system’s principal headend, the
operator’s response shall include the
location of such headend. If a cable
operator denies carriage on the basis of
the failure of the station to deliver a
good quality signal at the cable system’s
principal headend, the cable operator
must provide a list of equipment used
to make the measurements, the point of
measurement and a list and detailed
description of the reception and overthe-air signal processing equipment
used, including sketches such as block
diagrams and a description of the
methodology used for processing the
signal at issue, in its response.
47 CFR 76.914(c) permits a cable
operator seeking revocation of a
franchising authority’s certification to
file a petition with the FCC in
accordance with the procedures set
forth in Section 76.7.
47 CFR 76.1003(a) permits any
multichannel video programming
distributor (MVPD) aggrieved by
conduct that it believes constitute a
violation of the FCC’s competitive
access to cable programming rules to
commence an adjudicatory proceeding
at the FCC to obtain enforcement of the
rules through the filing of a complaint,
which must be filed and responded to
in accordance with the procedures
specified in Section 76.7, except to the
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extent such procedures are modified by
Section 76.1003.
47 CFR 76.1001(b)(2) permits any
multichannel video programming
distributor to commence an
adjudicatory proceeding by filing a
complaint with the Commission alleging
that a cable operator, a satellite cable
programming vendor in which a cable
operator has an attributable interest, or
a satellite broadcast programming
vendor, has engaged in an unfair act
involving terrestrially delivered, cableaffiliated programming, which must be
filed and responded to in accordance
with the procedures specified in § 76.7,
except to the extent such procedures are
modified by §§ 76.1001(b)(2) and
76.1003. In program access cases
involving terrestrially delivered, cableaffiliated programming, the defendant
has 45 days from the date of service of
the complaint to file an answer, unless
otherwise directed by the Commission.
A complainant shall have the burden of
proof that the defendant’s alleged
conduct has the purpose or effect of
hindering significantly or preventing the
complainant from providing satellite
cable programming or satellite broadcast
programming to subscribers or
consumers; an answer to such a
complaint shall set forth the defendant’s
reasons to support a finding that the
complainant has not carried this
burden. In addition, a complainant
alleging that a terrestrial cable
programming vendor has engaged in
discrimination shall have the burden of
proof that the terrestrial cable
programming vendor is wholly owned
by, controlled by, or under common
control with a cable operator or cable
operators, satellite cable programming
vendor or vendors in which a cable
operator has an attributable interest, or
satellite broadcast programming vendor
or vendors; an answer to such a
complaint shall set forth the defendant’s
reasons to support a finding that the
complainant has not carried this
burden.
47 CFR 76.1003(b) requires any
aggrieved MVPD intending to file a
complaint under this section to first
notify the potential defendant cable
operator, and/or the potential defendant
satellite cable programming vendor or
satellite broadcast programming vendor,
that it intends to file a complaint with
the Commission based on actions
alleged to violate one or more of the
provisions contained in Sections
76.1001 or 76.1002 of this part. The
notice must be sufficiently detailed so
that its recipient(s) can determine the
nature of the potential complaint. The
potential complainant must allow a
minimum of ten (10) days for the
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potential defendant(s) to respond before
filing a complaint with the Commission.
47 CFR 76.1003(c) describes the
required contents of a program access
complaint, in addition to the
requirements of Section 76.7 of this
part.
47 CFR 76.1003(c)(3) requires a
program access complaint to contain
evidence that the complainant competes
with the defendant cable operator, or
with a multichannel video programming
distributor that is a customer of the
defendant satellite cable programming
or satellite broadcast programming
vendor or a terrestrial cable
programming vendor alleged to have
engaged in conduct described in
§ 76.1001(b)(1).
47 CFR 76.1003(d) states that, in a
case where recovery of damages is
sought, the complaint shall contain a
clear and unequivocal request for
damages and appropriate allegations in
support of such claim.
47 CFR 76.1003(e)(1) requires cable
operators, satellite cable programming
vendors, or satellite broadcast
programming vendors whom expressly
reference and rely upon a document in
asserting a defense to a program access
complaint filed or in responding to a
material allegation in a program access
complaint filed pursuant to Section
76.1003, to include such document or
documents, such as contracts for
carriage of programming referenced and
relied on, as part of the answer. Except
as otherwise provided or directed by the
Commission, any cable operator,
satellite cable programming vendor or
satellite broadcast programming vendor
upon which a program access complaint
is served under this section shall answer
within twenty (20) days of service of the
complaint, provided that the answer
shall be filed within forty-five (45) days
of service of the complaint if the
complaint alleges a violation of Section
628(b) of the Communications Act of
1934, as amended, or Section
76.1001(a).
47 CFR 76.1003(e)(2) requires an
answer to an exclusivity complaint to
provide the defendant’s reasons for
refusing to sell the subject programming
to the complainant. In addition, the
defendant may submit its programming
contracts covering the area specified in
the complaint with its answer to refute
allegations concerning the existence of
an impermissible exclusive contract. If
there are no contracts governing the
specified area, the defendant shall so
certify in its answer. Any contracts
submitted pursuant to this provision
may be protected as proprietary
pursuant to Section 76.9 of this part.
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47 CFR 76.1003(e)(3) requires an
answer to a discrimination complaint to
state the reasons for any differential in
prices, terms or conditions between the
complainant and its competitor, and to
specify the particular justification set
forth in Section 76.1002(b) of this part
relied upon in support of the
differential.
47 CFR 76.1003(e)(4) requires an
answer to a complaint alleging an
unreasonable refusal to sell
programming to state the defendant’s
reasons for refusing to sell to the
complainant, or for refusing to sell to
the complainant on the same terms and
conditions as complainant’s competitor,
and to specify why the defendant’s
actions are not discriminatory.
47 CFR 76.1003(f) provides that,
within fifteen (15) days after service of
an answer, unless otherwise directed by
the Commission, the complainant may
file and serve a reply which shall be
responsive to matters contained in the
answer and shall not contain new
matters.
47 CFR 76.1003(g) states that any
complaint filed pursuant to this
subsection must be filed within one year
of the date on which one of three
specified events occurs.
47 CFR 76.1003(h) sets forth the
remedies that are available for violations
of the program access rules, which
include the imposition of damages, and/
or the establishment of prices, terms,
and conditions for the sale of
programming to the aggrieved
multichannel video programming
distributor, as well as sanctions
available under title V or any other
provision of the Communications Act.
47 CFR 76.1003(j) states in addition to
the general pleading and discovery rules
contained in § 76.7 of this part, parties
to a program access complaint may
serve requests for discovery directly on
opposing parties, and file a copy of the
request with the Commission. The
respondent shall have the opportunity
to object to any request for documents
that are not in its control or relevant to
the dispute. Such request shall be heard,
and determination made, by the
Commission. Until the objection is ruled
upon, the obligation to produce the
disputed material is suspended. Any
party who fails to timely provide
discovery requested by the opposing
party to which it has not raised an
objection as described above, or who
fails to respond to a Commission order
for discovery material, may be deemed
in default and an order may be entered
in accordance with the allegations
contained in the complaint, or the
complaint may be dismissed with
prejudice.
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47 CFR 76.1003(l) permits a program
access complainant seeking renewal of
an existing programming contract to file
a petition along with its complaint
requesting a temporary standstill of the
price, terms, and other conditions of the
existing programming contract pending
resolution of the complaint, to which
the defendant will have the opportunity
to respond within 10 days of service of
the petition, unless otherwise directed
by the Commission.
47 CFR 76.1302(a) states that any
video programming vendor or
multichannel video programming
distributor aggrieved by conduct that it
believes constitute a violation of the
regulations set forth in this subpart may
commence an adjudicatory proceeding
at the Commission to obtain
enforcement of the rules through the
filing of a complaint. The complaint
shall be filed and responded to in
accordance with the procedures
specified in Section 76.7, except to the
extent such procedures are modified by
Section 76.1302.
47 CFR 76.1302(b) states that any
aggrieved video programming vendor or
multichannel video programming
distributor intending to file a complaint
under this section must first notify the
potential defendant multichannel video
programming distributor that it intends
to file a complaint with the Commission
based on actions alleged to violate one
or more of the provisions contained in
Section 76.1301 of this part. The notice
must be sufficiently detailed so that its
recipient(s) can determine the specific
nature of the potential complaint. The
potential complainant must allow a
minimum of ten (10) days for the
potential defendant(s) to respond before
filing a complaint with the Commission.
47 CFR 76.1302(c) specifies the
content of carriage agreement
complaints, in addition to the
requirements of Section 76.7 of this
part.
47 CFR 76.1302(c)(1) provides that a
program carriage complaint filed
pursuant to § 76.1302 must contain the
following: Whether the complainant is a
multichannel video programming
distributor or video programming
vendor, and, in the case of a
multichannel video programming
distributor, identify the type of
multichannel video programming
distributor, the address and telephone
number of the complainant, what type
of multichannel video programming
distributor the defendant is, and the
address and telephone number of each
defendant.
47 CFR 76.1302(d) sets forth the
evidence that a program carriage
complaint filed pursuant to § 76.1302
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must contain in order to establish a
prima facie case of a violation of
§ 76.1301.
47 CFR 76.1302(e)(1) provides that a
multichannel video programming
distributor upon whom a program
carriage complaint filed pursuant to
§ 76.1302 is served shall answer within
sixty (60) days of service of the
complaint, unless otherwise directed by
the Commission.
47 CFR 76.1302(e)(2) states that an
answer to a program carriage complaint
shall address the relief requested in the
complaint, including legal and
documentary support, for such
response, and may include an
alternative relief proposal without any
prejudice to any denials or defenses
raised.
47 CFR 76.1302(f) states that within
twenty (20) days after service of an
answer, unless otherwise directed by
the Commission, the complainant may
file and serve a reply which shall be
responsive to matters contained in the
answer and shall not contain new
matters.
47 CFR 76.1302(h) states that any
complaint filed pursuant to this
subsection must be filed within one year
of the date on which one of three events
occurs.
47 CFR 76.1302(j)(1) states that upon
completion of such adjudicatory
proceeding, the Commission shall order
appropriate remedies, including, if
necessary, mandatory carriage of a video
programming vendor’s programming on
defendant’s video distribution system,
or the establishment of prices, terms,
and conditions for the carriage of a
video programming vendor’s
programming.
47 CFR 76.1302(k) permits a program
carriage complainant seeking renewal of
an existing programming contract to file
a petition along with its complaint
requesting a temporary standstill of the
price, terms, and other conditions of the
existing programming contract pending
resolution of the complaint, to which
the defendant will have the opportunity
to respond within 10 days of service of
the petition, unless otherwise directed
by the Commission. To allow for
sufficient time to consider the petition
for temporary standstill prior to the
expiration of the existing programming
contract, the petition for temporary
standstill and complaint shall be filed
no later than thirty (30) days prior to the
expiration of the existing programming
contract.
47 CFR 76.1513(a) permits any party
aggrieved by conduct that it believes
constitute a violation of the FCC’s
regulations or in section 653 of the
Communications Act (47 U.S.C. 573) to
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commence an adjudicatory proceeding
at the Commission to obtain
enforcement of the rules through the
filing of a complaint, which must be
filed and responded to in accordance
with the procedures specified in Section
76.7, except to the extent such
procedures are modified by Section
76.1513.
47 CFR 76.1513(b) provides that an
open video system operator may not
provide in its carriage contracts with
programming providers that any dispute
must be submitted to arbitration,
mediation, or any other alternative
method for dispute resolution prior to
submission of a complaint to the
Commission.
47 CFR 76.1513(c) requires that any
aggrieved party intending to file a
complaint under this section must first
notify the potential defendant open
video system operator that it intends to
file a complaint with the Commission
based on actions alleged to violate one
or more of the provisions contained in
this part or in Section 653 of the
Communications Act. The notice must
be in writing and must be sufficiently
detailed so that its recipient(s) can
determine the specific nature of the
potential complaint. The potential
complainant must allow a minimum of
ten (10) days for the potential
defendant(s) to respond before filing a
complaint with the Commission.
47 CFR 76.1513(d) describes the
contents of an open video system
complaint.
47 CFR 76.1513(e) addresses answers
to open video system complaints.
47 CFR 76.1513(f) states within
twenty (20) days after service of an
answer, the complainant may file and
serve a reply which shall be responsive
to matters contained in the answer and
shall not contain new matters.
47 CFR 76.1513(g) requires that any
complaint filed pursuant to this
subsection must be filed within one year
of the date on which one of three events
occurs.
47 CFR 76.1513(h) states that upon
completion of the adjudicatory
proceeding, the Commission shall order
appropriate remedies, including, if
necessary, the requiring carriage,
awarding damages to any person denied
carriage, or any combination of such
sanctions. Such order shall set forth a
timetable for compliance, and shall
become effective upon release.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer Office of the
Secretary.
[FR Doc. 2017–24632 Filed 11–13–17; 8:45 am]
BILLING CODE 6712–01–P
VerDate Sep<11>2014
16:27 Nov 13, 2017
Jkt 244001
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
FEDERAL REGISTER CITATION NOTICE OF
PREVIOUS ANNOUNCEMENT: 82 FR 48810.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Tuesday, October 24, 2017
at 11:15 a.m. and its Continuation at the
Conclusion of the Open Meeting on
October 26, 2017.
CHANGES IN THE MEETING: This meeting
was held on Tuesday, October 24 at
10:30 a.m. and continued on Tuesday,
November 7, 2017 at 10:00 a.m.
*
*
*
*
*
CONTACT FOR MORE INFORMATION: Judith
Ingram, Press Officer, Telephone: (202)
694–1220.
Laura E. Sinram,
Deputy Secretary of the Commission.
[FR Doc. 2017–24680 Filed 11–9–17; 11:15 am]
BILLING CODE 6715–01–P
FEDERAL TRADE COMMISSION
[File No. 171 0196]
Red Ventures Holdco, LP and
Bankrate, Inc.; Analysis To Aid Public
Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair methods
of competition. The attached Analysis to
Aid Public Comment describes both the
allegations in the complaint and the
terms of the consent orders—embodied
in the consent agreement—that would
settle these allegations.
DATES: Comments must be received on
or before December 5, 2017.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write: ‘‘In the Matter of Red
Ventures Holdco, LP and Bankrate, Inc.,
File No. 1710196’’ on your comment,
and file your comment online at https://
ftcpublic.commentworks.com/ftc/
redventuresholdcoconsent by following
the instructions on the web-based form.
If you prefer to file your comment on
paper, write ‘‘In the Matter of Red
Ventures Holdco, LP and Bankrate, Inc.,
File No. 1710196’’ on your comment
and on the envelope, and mail your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex D),
SUMMARY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Joseph A. Lipinsky, Northwest Region,
(206–220–4473), 915 Second Ave.,
Room 2896, Seattle, WA 98174.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for November 3, 2017), on
the World Wide Web, at https://
www.ftc.gov/news-events/commissionactions.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before December 5, 2017. Write ‘‘In the
Matter of Red Ventures Holdco, LP and
Bankrate, Inc., File No. 1710196’’ on
your comment. Your comment—
including your name and your state—
will be placed on the public record of
this proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/policy/
public-comments.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
redventuresholdcoconsent by following
the instructions on the web-based form.
If this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you prefer to file your comment on
paper, write ‘‘In the Matter of Red
Ventures Holdco, LP and Bankrate, Inc.,
File No. 1710196’’ on your comment
and on the envelope, and mail your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex D),
Washington, DC 20580, or deliver your
E:\FR\FM\14NON1.SGM
14NON1
]]>Agencies
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Pages 52724-52728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24632]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0888]
Information Collection 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, the
Federal Communications Commission (FCC or the Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collection. 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 Commission 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 December 14,
2017. 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 listed 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 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: 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 the Commission) invites the general public and other Federal
agencies to take this opportunity to comment on the following
information collection. Comments are requested concerning: Whether the
proposed collection of information is necessary for the proper
[[Page 52725]]
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.
OMB Control Number: 3060-0888.
Title: Section 1.221, Notice of hearing; appearances; Section 1.229
Motions to enlarge, change, or delete issues; Section 1.248 Prehearing
conferences; hearing conferences; Section 76.7, Petition Procedures;
Section 76.9, Confidentiality of Proprietary Information; Section
76.61, Dispute Concerning Carriage; Section 76.914, Revocation of
Certification; Section 76.1001, Unfair Practices; Section 76.1003,
Program Access Proceedings; Section 76.1302, Carriage Agreement
Proceedings; Section 76.1513, Open Video Dispute Resolution.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Businesses or other for-profit.
Number of Respondents and Responses: 684 respondents; 684
responses.
Estimated Time per Response: 6.4 to 95.4 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
47 U.S.C. 154(i) and (j), 303(r), 338, 340, 534, 535, 536, 543, 548 and
573.
Total Annual Burden: 34,816 hours.
Total Annual Cost: $3,671,370.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: A party that wishes to have
confidentiality for proprietary information with respect to a
submission it is making to the Commission must file a petition pursuant
to the pleading requirements in Section 76.7 and use the method
described in Sections 0.459 and 76.9 to demonstrate that
confidentiality is warranted.
Needs and Uses: Commission rules specify pleading and other
procedural requirements for parties filing petitions or complaints
under Part 76 of the Commission's rules, including petitions for
special relief, cable carriage complaints, program access complaints,
and program carriage complaints. Therefore, the information collection
requirements contained in this collection are as follows:
47 CFR 1.221(h) requires that, in a program carriage complaint
proceeding filed pursuant to Sec. 76.1302 that the Chief, Media Bureau
refers to an administrative law judge for an initial decision, each
party, in person or by attorney, shall file a written appearance within
five calendar days after the party informs the Chief Administrative Law
Judge that it elects not to pursue alternative dispute resolution
pursuant to Sec. 76.7(g)(2) or, if the parties have mutually elected
to pursue alternative dispute resolution pursuant to Sec. 76.7(g)(2),
within five calendar days after the parties inform the Chief
Administrative Law Judge that they have failed to resolve their dispute
through alternative dispute resolution. The written appearance shall
state that the party will appear on the date fixed for hearing and
present evidence on the issues specified in the hearing designation
order.
47 CFR 1.229(b)(2) requires that, in a program carriage complaint
proceeding filed pursuant to Sec. 76.1302 that the Chief, Media Bureau
refers to an administrative law judge for an initial decision, a motion
to enlarge, change, or delete issues shall be filed within 15 calendar
days after the deadline for submitting written appearances pursuant to
Sec. 1.221(h), except that persons not named as parties to the
proceeding in the designation order may file such motions with their
petitions to intervene up to 30 days after publication of the full text
or a summary of the designation order in the Federal Register.
47 CFR 1.229(b)(3) provides that any person desiring to file a
motion to modify the issues after the expiration of periods specified
in paragraphs (a), (b)(1), and (b)(2) of Sec. 1.229, shall set forth
the reason why it was not possible to file the motion within the
prescribed period.
47 CFR 1.248(a) provides that the initial prehearing conference as
directed by the Commission shall be scheduled 30 days after the
effective date of the order designating a case for hearing, unless good
cause is shown for scheduling such conference at a later date, except
that for program carriage complaints filed pursuant to Sec. 76.1302
that the Chief, Media Bureau refers to an administrative law judge for
an initial decision, the initial prehearing conference shall be held no
later than 10 calendar days after the deadline for submitting written
appearances pursuant to Sec. 1.221(h) or within such shorter or longer
period as the Commission may allow on motion or notice consistent with
the public interest.
47 CFR 1.248(b) provides that the initial prehearing conference as
directed by the presiding officer shall be scheduled 30 days after the
effective date of the order designating a case for hearing, unless good
cause is shown for scheduling such conference at a later date, except
that for program carriage complaints filed pursuant to Sec. 76.1302
that the Chief, Media Bureau refers to an administrative law judge for
an initial decision, the initial prehearing conference shall be held no
later than 10 calendar days after the deadline for submitting written
appearances pursuant to Sec. 1.221(h) or within such shorter or longer
period as the presiding officer may allow on motion or notice
consistent with the public interest.
47 CFR 76.7. Pleadings seeking to initiate FCC action must adhere
to the requirements of Section 76.6 (general pleading requirements) and
Section 76.7 (initiating pleading requirements). Section 76.7 is used
for numerous types of petitions and special relief petitions, including
general petitions seeking special relief, waivers, enforcement, show
cause, forfeiture and declaratory ruling procedures.
47 CFR 76.7(g)(2) provides that, in a proceeding initiated pursuant
to Sec. 76.7 that is referred to an administrative law judge, the
parties may elect to resolve the dispute through alternative dispute
resolution procedures, or may proceed with an adjudicatory hearing,
provided that the election shall be submitted in writing to the
Commission and the Chief Administrative Law Judge.
47 CFR 76.9. A party that wishes to have confidentiality for
proprietary information with respect to a submission it is making to
the FCC must file a petition pursuant to the pleading requirements in
Section 76.7 and use the method described in Sections 0.459 and 76.9 to
demonstrate that confidentiality is warranted. The petitions filed
pursuant to this provision are contained in the existing information
collection requirement and are not changed by the rule changes.
47 CFR 76.61(a) permits a local commercial television station or
qualified low power television station that is denied carriage or
channel positioning or repositioning in accordance with the must-carry
rules by a cable operator to file a complaint with the FCC in
accordance with the procedures set forth in Section 76.7.
[[Page 52726]]
Section 76.61(b) permits a qualified local noncommercial educational
television station that believes a cable operator has failed to comply
with the FCC's signal carriage or channel positioning requirements
(Sections 76.56 through 76.57) to file a complaint with the FCC in
accordance with the procedures set forth in Section 76.7.
47 CFR 76.61(a)(1) states that whenever a local commercial
television station or a qualified low power television station believes
that a cable operator has failed to meet its carriage or channel
positioning obligations, pursuant to Sections 76.56 and 76.57, such
station shall notify the operator, in writing, of the alleged failure
and identify its reasons for believing that the cable operator is
obligated to carry the signal of such station or position such signal
on a particular channel.
47 CFR 76.61(a)(2) states that the cable operator shall, within 30
days of receipt of such written notification, respond in writing to
such notification and either commence to carry the signal of such
station in accordance with the terms requested or state its reasons for
believing that it is not obligated to carry such signal or is in
compliance with the channel positioning and repositioning and other
requirements of the must-carry rules. If a refusal for carriage is
based on the station's distance from the cable system's principal
headend, the operator's response shall include the location of such
headend. If a cable operator denies carriage on the basis of the
failure of the station to deliver a good quality signal at the cable
system's principal headend, the cable operator must provide a list of
equipment used to make the measurements, the point of measurement and a
list and detailed description of the reception and over-the-air signal
processing equipment used, including sketches such as block diagrams
and a description of the methodology used for processing the signal at
issue, in its response.
47 CFR 76.914(c) permits a cable operator seeking revocation of a
franchising authority's certification to file a petition with the FCC
in accordance with the procedures set forth in Section 76.7.
47 CFR 76.1003(a) permits any multichannel video programming
distributor (MVPD) aggrieved by conduct that it believes constitute a
violation of the FCC's competitive access to cable programming rules to
commence an adjudicatory proceeding at the FCC to obtain enforcement of
the rules through the filing of a complaint, which must be filed and
responded to in accordance with the procedures specified in Section
76.7, except to the extent such procedures are modified by Section
76.1003.
47 CFR 76.1001(b)(2) permits any multichannel video programming
distributor to commence an adjudicatory proceeding by filing a
complaint with the Commission alleging that a cable operator, a
satellite cable programming vendor in which a cable operator has an
attributable interest, or a satellite broadcast programming vendor, has
engaged in an unfair act involving terrestrially delivered, cable-
affiliated programming, which must be filed and responded to in
accordance with the procedures specified in Sec. 76.7, except to the
extent such procedures are modified by Sec. Sec. 76.1001(b)(2) and
76.1003. In program access cases involving terrestrially delivered,
cable-affiliated programming, the defendant has 45 days from the date
of service of the complaint to file an answer, unless otherwise
directed by the Commission. A complainant shall have the burden of
proof that the defendant's alleged conduct has the purpose or effect of
hindering significantly or preventing the complainant from providing
satellite cable programming or satellite broadcast programming to
subscribers or consumers; an answer to such a complaint shall set forth
the defendant's reasons to support a finding that the complainant has
not carried this burden. In addition, a complainant alleging that a
terrestrial cable programming vendor has engaged in discrimination
shall have the burden of proof that the terrestrial cable programming
vendor is wholly owned by, controlled by, or under common control with
a cable operator or cable operators, satellite cable programming vendor
or vendors in which a cable operator has an attributable interest, or
satellite broadcast programming vendor or vendors; an answer to such a
complaint shall set forth the defendant's reasons to support a finding
that the complainant has not carried this burden.
47 CFR 76.1003(b) requires any aggrieved MVPD intending to file a
complaint under this section to first notify the potential defendant
cable operator, and/or the potential defendant satellite cable
programming vendor or satellite broadcast programming vendor, that it
intends to file a complaint with the Commission based on actions
alleged to violate one or more of the provisions contained in Sections
76.1001 or 76.1002 of this part. The notice must be sufficiently
detailed so that its recipient(s) can determine the nature of the
potential complaint. The potential complainant must allow a minimum of
ten (10) days for the potential defendant(s) to respond before filing a
complaint with the Commission.
47 CFR 76.1003(c) describes the required contents of a program
access complaint, in addition to the requirements of Section 76.7 of
this part.
47 CFR 76.1003(c)(3) requires a program access complaint to contain
evidence that the complainant competes with the defendant cable
operator, or with a multichannel video programming distributor that is
a customer of the defendant satellite cable programming or satellite
broadcast programming vendor or a terrestrial cable programming vendor
alleged to have engaged in conduct described in Sec. 76.1001(b)(1).
47 CFR 76.1003(d) states that, in a case where recovery of damages
is sought, the complaint shall contain a clear and unequivocal request
for damages and appropriate allegations in support of such claim.
47 CFR 76.1003(e)(1) requires cable operators, satellite cable
programming vendors, or satellite broadcast programming vendors whom
expressly reference and rely upon a document in asserting a defense to
a program access complaint filed or in responding to a material
allegation in a program access complaint filed pursuant to Section
76.1003, to include such document or documents, such as contracts for
carriage of programming referenced and relied on, as part of the
answer. Except as otherwise provided or directed by the Commission, any
cable operator, satellite cable programming vendor or satellite
broadcast programming vendor upon which a program access complaint is
served under this section shall answer within twenty (20) days of
service of the complaint, provided that the answer shall be filed
within forty-five (45) days of service of the complaint if the
complaint alleges a violation of Section 628(b) of the Communications
Act of 1934, as amended, or Section 76.1001(a).
47 CFR 76.1003(e)(2) requires an answer to an exclusivity complaint
to provide the defendant's reasons for refusing to sell the subject
programming to the complainant. In addition, the defendant may submit
its programming contracts covering the area specified in the complaint
with its answer to refute allegations concerning the existence of an
impermissible exclusive contract. If there are no contracts governing
the specified area, the defendant shall so certify in its answer. Any
contracts submitted pursuant to this provision may be protected as
proprietary pursuant to Section 76.9 of this part.
[[Page 52727]]
47 CFR 76.1003(e)(3) requires an answer to a discrimination
complaint to state the reasons for any differential in prices, terms or
conditions between the complainant and its competitor, and to specify
the particular justification set forth in Section 76.1002(b) of this
part relied upon in support of the differential.
47 CFR 76.1003(e)(4) requires an answer to a complaint alleging an
unreasonable refusal to sell programming to state the defendant's
reasons for refusing to sell to the complainant, or for refusing to
sell to the complainant on the same terms and conditions as
complainant's competitor, and to specify why the defendant's actions
are not discriminatory.
47 CFR 76.1003(f) provides that, within fifteen (15) days after
service of an answer, unless otherwise directed by the Commission, the
complainant may file and serve a reply which shall be responsive to
matters contained in the answer and shall not contain new matters.
47 CFR 76.1003(g) states that any complaint filed pursuant to this
subsection must be filed within one year of the date on which one of
three specified events occurs.
47 CFR 76.1003(h) sets forth the remedies that are available for
violations of the program access rules, which include the imposition of
damages, and/or the establishment of prices, terms, and conditions for
the sale of programming to the aggrieved multichannel video programming
distributor, as well as sanctions available under title V or any other
provision of the Communications Act.
47 CFR 76.1003(j) states in addition to the general pleading and
discovery rules contained in Sec. 76.7 of this part, parties to a
program access complaint may serve requests for discovery directly on
opposing parties, and file a copy of the request with the Commission.
The respondent shall have the opportunity to object to any request for
documents that are not in its control or relevant to the dispute. Such
request shall be heard, and determination made, by the Commission.
Until the objection is ruled upon, the obligation to produce the
disputed material is suspended. Any party who fails to timely provide
discovery requested by the opposing party to which it has not raised an
objection as described above, or who fails to respond to a Commission
order for discovery material, may be deemed in default and an order may
be entered in accordance with the allegations contained in the
complaint, or the complaint may be dismissed with prejudice.
47 CFR 76.1003(l) permits a program access complainant seeking
renewal of an existing programming contract to file a petition along
with its complaint requesting a temporary standstill of the price,
terms, and other conditions of the existing programming contract
pending resolution of the complaint, to which the defendant will have
the opportunity to respond within 10 days of service of the petition,
unless otherwise directed by the Commission.
47 CFR 76.1302(a) states that any video programming vendor or
multichannel video programming distributor aggrieved by conduct that it
believes constitute a violation of the regulations set forth in this
subpart may commence an adjudicatory proceeding at the Commission to
obtain enforcement of the rules through the filing of a complaint. The
complaint shall be filed and responded to in accordance with the
procedures specified in Section 76.7, except to the extent such
procedures are modified by Section 76.1302.
47 CFR 76.1302(b) states that any aggrieved video programming
vendor or multichannel video programming distributor intending to file
a complaint under this section must first notify the potential
defendant multichannel video programming distributor that it intends to
file a complaint with the Commission based on actions alleged to
violate one or more of the provisions contained in Section 76.1301 of
this part. The notice must be sufficiently detailed so that its
recipient(s) can determine the specific nature of the potential
complaint. The potential complainant must allow a minimum of ten (10)
days for the potential defendant(s) to respond before filing a
complaint with the Commission.
47 CFR 76.1302(c) specifies the content of carriage agreement
complaints, in addition to the requirements of Section 76.7 of this
part.
47 CFR 76.1302(c)(1) provides that a program carriage complaint
filed pursuant to Sec. 76.1302 must contain the following: Whether the
complainant is a multichannel video programming distributor or video
programming vendor, and, in the case of a multichannel video
programming distributor, identify the type of multichannel video
programming distributor, the address and telephone number of the
complainant, what type of multichannel video programming distributor
the defendant is, and the address and telephone number of each
defendant.
47 CFR 76.1302(d) sets forth the evidence that a program carriage
complaint filed pursuant to Sec. 76.1302 must contain in order to
establish a prima facie case of a violation of Sec. 76.1301.
47 CFR 76.1302(e)(1) provides that a multichannel video programming
distributor upon whom a program carriage complaint filed pursuant to
Sec. 76.1302 is served shall answer within sixty (60) days of service
of the complaint, unless otherwise directed by the Commission.
47 CFR 76.1302(e)(2) states that an answer to a program carriage
complaint shall address the relief requested in the complaint,
including legal and documentary support, for such response, and may
include an alternative relief proposal without any prejudice to any
denials or defenses raised.
47 CFR 76.1302(f) states that within twenty (20) days after service
of an answer, unless otherwise directed by the Commission, the
complainant may file and serve a reply which shall be responsive to
matters contained in the answer and shall not contain new matters.
47 CFR 76.1302(h) states that any complaint filed pursuant to this
subsection must be filed within one year of the date on which one of
three events occurs.
47 CFR 76.1302(j)(1) states that upon completion of such
adjudicatory proceeding, the Commission shall order appropriate
remedies, including, if necessary, mandatory carriage of a video
programming vendor's programming on defendant's video distribution
system, or the establishment of prices, terms, and conditions for the
carriage of a video programming vendor's programming.
47 CFR 76.1302(k) permits a program carriage complainant seeking
renewal of an existing programming contract to file a petition along
with its complaint requesting a temporary standstill of the price,
terms, and other conditions of the existing programming contract
pending resolution of the complaint, to which the defendant will have
the opportunity to respond within 10 days of service of the petition,
unless otherwise directed by the Commission. To allow for sufficient
time to consider the petition for temporary standstill prior to the
expiration of the existing programming contract, the petition for
temporary standstill and complaint shall be filed no later than thirty
(30) days prior to the expiration of the existing programming contract.
47 CFR 76.1513(a) permits any party aggrieved by conduct that it
believes constitute a violation of the FCC's regulations or in section
653 of the Communications Act (47 U.S.C. 573) to
[[Page 52728]]
commence an adjudicatory proceeding at the Commission to obtain
enforcement of the rules through the filing of a complaint, which must
be filed and responded to in accordance with the procedures specified
in Section 76.7, except to the extent such procedures are modified by
Section 76.1513.
47 CFR 76.1513(b) provides that an open video system operator may
not provide in its carriage contracts with programming providers that
any dispute must be submitted to arbitration, mediation, or any other
alternative method for dispute resolution prior to submission of a
complaint to the Commission.
47 CFR 76.1513(c) requires that any aggrieved party intending to
file a complaint under this section must first notify the potential
defendant open video system operator that it intends to file a
complaint with the Commission based on actions alleged to violate one
or more of the provisions contained in this part or in Section 653 of
the Communications Act. The notice must be in writing and must be
sufficiently detailed so that its recipient(s) can determine the
specific nature of the potential complaint. The potential complainant
must allow a minimum of ten (10) days for the potential defendant(s) to
respond before filing a complaint with the Commission.
47 CFR 76.1513(d) describes the contents of an open video system
complaint.
47 CFR 76.1513(e) addresses answers to open video system
complaints.
47 CFR 76.1513(f) states within twenty (20) days after service of
an answer, the complainant may file and serve a reply which shall be
responsive to matters contained in the answer and shall not contain new
matters.
47 CFR 76.1513(g) requires that any complaint filed pursuant to
this subsection must be filed within one year of the date on which one
of three events occurs.
47 CFR 76.1513(h) states that upon completion of the adjudicatory
proceeding, the Commission shall order appropriate remedies, including,
if necessary, the requiring carriage, awarding damages to any person
denied carriage, or any combination of such sanctions. Such order shall
set forth a timetable for compliance, and shall become effective upon
release.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer Office of the Secretary.
[FR Doc. 2017-24632 Filed 11-13-17; 8:45 am]
BILLING CODE 6712-01-P
