Information Collections Being Submitted for Review and Approval to Office of Management and Budget, 66558-66563 [2020-23207]
Download as PDF
66558
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
by the Agency on these applications.
For actions being evaluated under EPA’s
public participation process for
registration actions, there will be an
additional opportunity for public
comment on the proposed decisions.
Please see EPA’s public participation
website for additional information on
this process (https://www2.epa.gov/
pesticide-registration/publicparticipation-process-registrationactions).
New Active Ingredient
EPA Registration Numbers: 62719–
TLE, 62719–TLG, and 62610–TLU.
Docket ID number: EPA–HQ–OPP–
2020–0449. Applicant: Dow
AgroSciences LLC, 9330 Zionsville
Road, Indianapolis, IN. Product names:
Adavelt Technical, GF–3840 Turf, and
GF–3840 AG. Active ingredient:
Fungicide—florylpicoxamid at 95%
(technical product) and 9.9% (end use
products). Proposed use: Barley (bran,
grin, hay, straw); beans, dried shelled,
except soybean, subgroup 6C; beet,
sugar (dried pulp, roots, tops); rapeseed
subgroup 20A (fodder/straw, seed);
wheat (aspirated grain fractions, bran,
forage, grain, hay); and turf. Contact:
RD.
Authority: 7 U.S.C. 136 et seq.
Dated: October 9, 2020.
Delores Barber,
Director, Information Technology and
Resources Management Division, Office of
Pesticide Programs.
[FR Doc. 2020–23175 Filed 10–19–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0249, OMB 3060–0573, OMB
3060–0888; FRS 17149]
Information Collections Being
Submitted for Review and Approval to
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, 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.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it can
SUMMARY:
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
DATES: Written comments and
recommendations for the proposed
information collection should be
submitted on or before November 19,
2020.
ADDRESSES: Comments should be sent to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function. Your comment must be
submitted into www.reginfo.gov per the
above instructions for it to be
considered. In addition to submitting in
www.reginfo.gov also send a copy of
your comment on the proposed
information collection to Cathy
Williams, FCC, via email to 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 Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: 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.
As part of its continuing effort to
reduce paperwork burdens, as required
by the Paperwork Reduction Act (PRA)
of 1995 (44 U.S.C. 3501–3520), the FCC
invited the general public and other
Federal Agencies to take this
opportunity to comment on the
following information collection.
Comments are requested concerning: (a)
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
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;
(b) the accuracy of the Commission’s
burden estimates; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) 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. Pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), the FCC seeks specific
comment on how it might ‘‘further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.’’
OMB Control Number: 3060–0249.
Title: Sections 74.781, 74.1281 and
78.69, Station Records.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business and other forprofit entities; not-for-profit institutions;
State, Federal or Tribal Governments.
Number of Respondents and
Responses: 13,811 respondents; 20,724
responses.
Estimated Time per Response: .375
hour–1 hour.
Frequency of Response:
Recordkeeping requirement.
Total Annual Burden: 11,726 hours.
Total Annual Cost: $8,295,600.
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.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: The information
collection requirements contained in
this collection are as follows:
47 CFR 74.781 information collection
requirements include the following: (a)
The licensee of a low power TV, TV
translator, or TV booster station shall
maintain adequate station records,
including the current instrument of
authorization, official correspondence
with the FCC, contracts, permission for
rebroadcasts, and other pertinent
documents.
(b) Entries required by § 17.49 of this
Chapter concerning any observed or
otherwise known extinguishment or
improper functioning of a tower light:
(1) The nature of such extinguishment
or improper functioning. (2) The date
E:\FR\FM\20OCN1.SGM
20OCN1
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
and time the extinguishment or
improper operation was observed or
otherwise noted. (3) The date, time and
nature of adjustments, repairs or
replacements made.
(c) The station records shall be
maintained for inspection at a
residence, office, or public building,
place of business, or other suitable
place, in one of the communities of
license of the translator or booster,
except that the station records of a
booster or translator licensed to the
licensee of the primary station may be
kept at the same place where the
primary station records are kept. The
name of the person keeping station
records, together with the address of the
place where the records are kept, shall
be posted in accordance with § 74.765(c)
of the rules. The station records shall be
made available upon request to any
authorized representative of the
Commission.
(d) Station logs and records shall be
retained for a period of two years.
47 CFR 74.1281 information
collection requirements include the
following: (a) The licensee of a station
authorized under this Subpart shall
maintain adequate station records,
including the current instrument of
authorization, official correspondence
with the FCC, maintenance records,
contracts, permission for rebroadcasts,
and other pertinent documents.
(b) Entries required by § 17.49 of this
chapter concerning any observed or
otherwise known extinguishment or
improper functioning of a tower light:
(1) The nature of such extinguishment
or improper functioning.
(2) The date and time the
extinguishment of improper operation
was observed or otherwise noted.
(3) The date, time and nature of
adjustments, repairs or replacements
made.
(c) The station records shall be
maintained for inspection at a
residence, office, or public building,
place of business, or other suitable
place, in one of the communities of
license of the translator or booster,
except that the station records of a
booster or translator licensed to the
licensee of the primary station may be
kept at the same place where the
primary station records are kept. The
name of the person keeping station
records, together with the address of the
place where the records are kept, shall
be posted in accordance with
§ 74.1265(b) of the rules. The station
records shall be made available upon
request to any authorized representative
of the Commission.
(d) Station logs and records shall be
retained for a period of two years.
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
47 CFR 78.69 requires each licensee of
a CARS station shall maintain records
showing the following:
(a) For all attended or remotely
controlled stations, the date and time of
the beginning and end of each period of
transmission of each channel;
(b) For all stations, the date and time
of any unscheduled interruptions to the
transmissions of the station, the
duration of such interruptions, and the
causes thereof;
(c) For all stations, the results and
dates of the frequency measurements
made pursuant to § 78.113 and the name
of the person or persons making the
measurements;
(d) For all stations, when service or
maintenance duties are performed,
which may affect a station’s proper
operation, the responsible operator shall
sign and date an entry in the station’s
records, giving:
(1) Pertinent details of all transmitter
adjustments performed by the operator
or under the operator’s supervision.
(e) When a station in this service has
an antenna structure which is required
to be illuminated, appropriate entries
shall be made as follows:
(1) The time the tower lights are
turned on and off each day, if manually
controlled.
(2) The time the daily check of proper
operation of the tower lights was made,
if an automatic alarm system is not
employed.
(3) In the event of any observed or
otherwise known failure of a tower
light:
(i) Nature of such failure.
(ii) Date and time the failure was
observed or otherwise noted.
(iii) Date, time, and nature of the
adjustments, repairs, or replacements
made.
(iv) Identification of Flight Service
Station (Federal Aviation
Administration) notified of the failure of
any code or rotating beacon light not
corrected within 30 minutes, and the
date and time such notice was given.
(v) Date and time notice was given to
the Flight Service Station (Federal
Aviation Administration) that the
required illumination was resumed.
(4) Upon completion of the 3-month
periodic inspection required by
§ 78.63(c):
(i) The date of the inspection and the
condition of all tower lights and
associated tower lighting control
devices, indicators, and alarm systems.
(ii) Any adjustments, replacements, or
repairs made to insure compliance with
the lighting requirements and the date
such adjustments, replacements, or
repairs were made.
(f) For all stations, station record
entries shall be made in an orderly and
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
66559
legible manner by the person or persons
competent to do so, having actual
knowledge of the facts required, who
shall sign the station record when
starting duty and again when going off
duty.
(g) For all stations, no station record
or portion thereof shall be erased,
obliterated, or willfully destroyed
within the period of retention required
by rule. Any necessary correction may
be made only by the person who made
the original entry who shall strike out
the erroneous portion, initial the
correction made, and show the date the
correction was made.
(h) For all stations, station records
shall be retained for a period of not less
than 2 years. The Commission reserves
the right to order retention of station
records for a longer period of time. In
cases where the licensee or permittee
has notice of any claim or complaint,
the station record shall be retained until
such claim or complaint has been fully
satisfied or until the same has been
barred by statute limiting the time for
filing of suits upon such claims.
OMB Control Number: 3060–0573.
Title: Application for Franchise
Authority Consent to Assignment or
Transfer of Control of Cable Television
Franchise, FCC Form 394.
Form Number: FCC Form 394.
Type of Review: Extension of a
currently approved collection.
Respondents: Business of other forprofit entities; State, Local or Tribal
Government.
Number of Respondents and
Responses: 2,000 respondents; 1,000
responses.
Estimated Time per Response: 1–5
hours.
Frequency of Response: Third Party
Disclosure Requirement.
Total Annual Burden: 7,000 hours.
Total Annual Costs: $750,000.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: FCC Form 394 is a
standardized form that is completed by
cable operators in connection with the
assignment and transfer of control of
cable television systems. On July 23,
1993, the Commission released a Report
and Order and Further Notice of
Proposed Rulemaking in MM Docket
No. 92–264, FCC 93–332,
Implementation of Sections 11 and 13 of
the Cable Television Consumer
Protection and Competition Act of 1992,
Horizontal and Vertical Ownership
Limits, Cross-Ownership Limitations
and Anti-Trafficking Provisions. Among
other things, this Report and Order
established procedures for use of the
FCC Form 394.
E:\FR\FM\20OCN1.SGM
20OCN1
66560
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
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 entities.
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 Sections
4(i), 4(j), 303(r), 338, 340, 614, 615, 616,
623, 628 and 653 of the
Communications Act of 1934, as
amended; 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: $3,690,180.
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.
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
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
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
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
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
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.
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
E:\FR\FM\20OCN1.SGM
20OCN1
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
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
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
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
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
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
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
66561
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.
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
E:\FR\FM\20OCN1.SGM
20OCN1
66562
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
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.
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
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
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
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
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
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
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
E:\FR\FM\20OCN1.SGM
20OCN1
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices
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.
Marlene Dortch,
Secretary, Office of the Secretary.
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than November 4, 2020.
A. Federal Reserve Bank of Dallas
(Robert L. Triplett III, Senior Vice
President) 2200 North Pearl Street,
Dallas, Texas 75201–2272:
1. Steven Gregory Kidd, individually,
and as trustee of The Greg Kidd 2010
SOTB Trust, and The Greg Kidd SOTB
Inheritance Trust—A, all of Plano,
Texas; Ashley Nicole Kidd Conley,
Prosper, Texas, individually, and as
trustee of The Greg and Shelly Kidd
2011 SOTB Trust, also of Plano, Texas;
to become members of the Kidd Family
Group, a group acting in concert, to
acquire the voting shares of Spirit of
Texas Bancshares, Inc., Conroe, Texas,
and thereby indirectly acquire voting
shares of Spirit of Texas Bank, SSB,
College Station, Texas.
Board of Governors of the Federal Reserve
System, October 15, 2020.
Yeo-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2020–23196 Filed 10–19–20; 8:45 am]
BILLING CODE P
[FR Doc. 2020–23207 Filed 10–19–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
VerDate Sep<11>2014
18:08 Oct 19, 2020
Jkt 253001
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
66563
owned by the bank holding company,
including the companies listed below.
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in the BHC Act
(12 U.S.C. 1842(c)).
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than November 19, 2020.
A. Federal Reserve Bank of Kansas
City (Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001
1. Haviland Bancshares, Inc.
Employee Stock Ownership Plan,
Haviland, Kansas; to acquire additional
voting shares, for a total of 31.70 percent
of the voting shares of Haviland
Bancshares, Inc., and thereby indirectly
acquire additional voting shares of The
Haviland State Bank, both of Haviland,
Kansas.
B. Federal Reserve Bank of St. Louis
(David L. Hubbard, Senior Manager)
P.O. Box 442, St. Louis, Missouri
63166–2034. Comments can also be sent
electronically to
Comments.applications@stls.frb.org:
1. Midwest Bancorporation, Inc.,
Poplar Bluff, Missouri; to merge with
Poplar Bluff Banc Company, and
thereby indirectly acquire First Midwest
Bank of Poplar Bluff, both of Poplar
Bluff, Missouri.
Board of Governors of the Federal Reserve
System, October 14, 2020.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2020–23120 Filed 10–19–20; 8:45 am]
BILLING CODE P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
E:\FR\FM\20OCN1.SGM
20OCN1
Agencies
[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Notices]
[Pages 66558-66563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23207]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0249, OMB 3060-0573, OMB 3060-0888; FRS 17149]
Information Collections Being Submitted for Review and Approval
to 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,
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. Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it
can further reduce the information collection burden for small business
concerns with fewer than 25 employees.
DATES: Written comments and recommendations for the proposed
information collection should be submitted on or before November 19,
2020.
ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. Your comment must be submitted into
www.reginfo.gov per the above instructions for it to be considered. In
addition to submitting in www.reginfo.gov also send a copy of your
comment on the proposed information collection to Cathy Williams, FCC,
via email to [email protected] and to [email protected]. 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 Title of this ICR and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
SUPPLEMENTARY INFORMATION: 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.
As part of its continuing effort to reduce paperwork burdens, as
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to
take this opportunity to comment on the following information
collection. Comments are requested concerning: (a) 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; (b) the accuracy of the Commission's
burden estimates; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) 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. Pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks
specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
OMB Control Number: 3060-0249.
Title: Sections 74.781, 74.1281 and 78.69, Station Records.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business and other for-profit entities; not-for-profit
institutions; State, Federal or Tribal Governments.
Number of Respondents and Responses: 13,811 respondents; 20,724
responses.
Estimated Time per Response: .375 hour-1 hour.
Frequency of Response: Recordkeeping requirement.
Total Annual Burden: 11,726 hours.
Total Annual Cost: $8,295,600.
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.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: The information collection requirements contained
in this collection are as follows:
47 CFR 74.781 information collection requirements include the
following: (a) The licensee of a low power TV, TV translator, or TV
booster station shall maintain adequate station records, including the
current instrument of authorization, official correspondence with the
FCC, contracts, permission for rebroadcasts, and other pertinent
documents.
(b) Entries required by Sec. 17.49 of this Chapter concerning any
observed or otherwise known extinguishment or improper functioning of a
tower light: (1) The nature of such extinguishment or improper
functioning. (2) The date
[[Page 66559]]
and time the extinguishment or improper operation was observed or
otherwise noted. (3) The date, time and nature of adjustments, repairs
or replacements made.
(c) The station records shall be maintained for inspection at a
residence, office, or public building, place of business, or other
suitable place, in one of the communities of license of the translator
or booster, except that the station records of a booster or translator
licensed to the licensee of the primary station may be kept at the same
place where the primary station records are kept. The name of the
person keeping station records, together with the address of the place
where the records are kept, shall be posted in accordance with Sec.
74.765(c) of the rules. The station records shall be made available
upon request to any authorized representative of the Commission.
(d) Station logs and records shall be retained for a period of two
years.
47 CFR 74.1281 information collection requirements include the
following: (a) The licensee of a station authorized under this Subpart
shall maintain adequate station records, including the current
instrument of authorization, official correspondence with the FCC,
maintenance records, contracts, permission for rebroadcasts, and other
pertinent documents.
(b) Entries required by Sec. 17.49 of this chapter concerning any
observed or otherwise known extinguishment or improper functioning of a
tower light:
(1) The nature of such extinguishment or improper functioning.
(2) The date and time the extinguishment of improper operation was
observed or otherwise noted.
(3) The date, time and nature of adjustments, repairs or
replacements made.
(c) The station records shall be maintained for inspection at a
residence, office, or public building, place of business, or other
suitable place, in one of the communities of license of the translator
or booster, except that the station records of a booster or translator
licensed to the licensee of the primary station may be kept at the same
place where the primary station records are kept. The name of the
person keeping station records, together with the address of the place
where the records are kept, shall be posted in accordance with Sec.
74.1265(b) of the rules. The station records shall be made available
upon request to any authorized representative of the Commission.
(d) Station logs and records shall be retained for a period of two
years.
47 CFR 78.69 requires each licensee of a CARS station shall
maintain records showing the following:
(a) For all attended or remotely controlled stations, the date and
time of the beginning and end of each period of transmission of each
channel;
(b) For all stations, the date and time of any unscheduled
interruptions to the transmissions of the station, the duration of such
interruptions, and the causes thereof;
(c) For all stations, the results and dates of the frequency
measurements made pursuant to Sec. 78.113 and the name of the person
or persons making the measurements;
(d) For all stations, when service or maintenance duties are
performed, which may affect a station's proper operation, the
responsible operator shall sign and date an entry in the station's
records, giving:
(1) Pertinent details of all transmitter adjustments performed by
the operator or under the operator's supervision.
(e) When a station in this service has an antenna structure which
is required to be illuminated, appropriate entries shall be made as
follows:
(1) The time the tower lights are turned on and off each day, if
manually controlled.
(2) The time the daily check of proper operation of the tower
lights was made, if an automatic alarm system is not employed.
(3) In the event of any observed or otherwise known failure of a
tower light:
(i) Nature of such failure.
(ii) Date and time the failure was observed or otherwise noted.
(iii) Date, time, and nature of the adjustments, repairs, or
replacements made.
(iv) Identification of Flight Service Station (Federal Aviation
Administration) notified of the failure of any code or rotating beacon
light not corrected within 30 minutes, and the date and time such
notice was given.
(v) Date and time notice was given to the Flight Service Station
(Federal Aviation Administration) that the required illumination was
resumed.
(4) Upon completion of the 3-month periodic inspection required by
Sec. 78.63(c):
(i) The date of the inspection and the condition of all tower
lights and associated tower lighting control devices, indicators, and
alarm systems.
(ii) Any adjustments, replacements, or repairs made to insure
compliance with the lighting requirements and the date such
adjustments, replacements, or repairs were made.
(f) For all stations, station record entries shall be made in an
orderly and legible manner by the person or persons competent to do so,
having actual knowledge of the facts required, who shall sign the
station record when starting duty and again when going off duty.
(g) For all stations, no station record or portion thereof shall be
erased, obliterated, or willfully destroyed within the period of
retention required by rule. Any necessary correction may be made only
by the person who made the original entry who shall strike out the
erroneous portion, initial the correction made, and show the date the
correction was made.
(h) For all stations, station records shall be retained for a
period of not less than 2 years. The Commission reserves the right to
order retention of station records for a longer period of time. In
cases where the licensee or permittee has notice of any claim or
complaint, the station record shall be retained until such claim or
complaint has been fully satisfied or until the same has been barred by
statute limiting the time for filing of suits upon such claims.
OMB Control Number: 3060-0573.
Title: Application for Franchise Authority Consent to Assignment or
Transfer of Control of Cable Television Franchise, FCC Form 394.
Form Number: FCC Form 394.
Type of Review: Extension of a currently approved collection.
Respondents: Business of other for-profit entities; State, Local or
Tribal Government.
Number of Respondents and Responses: 2,000 respondents; 1,000
responses.
Estimated Time per Response: 1-5 hours.
Frequency of Response: Third Party Disclosure Requirement.
Total Annual Burden: 7,000 hours.
Total Annual Costs: $750,000.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: FCC Form 394 is a standardized form that is
completed by cable operators in connection with the assignment and
transfer of control of cable television systems. On July 23, 1993, the
Commission released a Report and Order and Further Notice of Proposed
Rulemaking in MM Docket No. 92-264, FCC 93-332, Implementation of
Sections 11 and 13 of the Cable Television Consumer Protection and
Competition Act of 1992, Horizontal and Vertical Ownership Limits,
Cross-Ownership Limitations and Anti-Trafficking Provisions. Among
other things, this Report and Order established procedures for use of
the FCC Form 394.
[[Page 66560]]
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 entities.
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
Sections 4(i), 4(j), 303(r), 338, 340, 614, 615, 616, 623, 628 and 653
of the Communications Act of 1934, as amended; 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: $3,690,180.
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.
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. 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
[[Page 66561]]
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.
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
[[Page 66562]]
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 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
[[Page 66563]]
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.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020-23207 Filed 10-19-20; 8:45 am]
BILLING CODE 6712-01-P