Notice of Public Information Collections Submitted to OMB for Review and Approval

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collections Submitted to OMB for

Review and Approval

April 30, 1996.

SUMMARY: The Federal Communications, as part of its continuing effort

to reduce paperwork burden invites the general public and other Federal

agencies to take this opportunity to comment on the following proposed

and/or continuing information collections, as required by the Paperwork

Reduction Act of 1995, Public Law 104-13. An agency may not conduct or

sponsor a collection of information unless it displays a currently

valid control number. No person shall be subject to any penalty for

failing to comply with a collection of information subject to the

Paperwork Reduction Act (PRA) that does not display a valid control

number. 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;

[[Page 21182]]

(b) the accuracy of the Commissions 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.

DATES: Written comments should be submitted on or before June 10, 1996.

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 contact listed below as soon as possible.

ADDRESS: Direct all comments to Dorothy Conway, Federal Communications,

Room 234, 1919 M St., NW., Washington, DC 20554 or via internet to

[email protected] and Timothy Fain, OMB Desk Officer, 10236 NEOB 725 17th

Street, NW., Washington, DC 20503 or [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies

of the information collections contact Dorothy Conway at 202-418-0217

or via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval Number: 3060-0571.

Title: Determination of Maximum Initial Permitted Rates for

Regulated Cable Programming Services and Equipment.

Form Number: FCC Form 393.

Type of Review: Revision of existing collection.

Respondents: Businesses or other for-profit entities; state, local

and tribal governments.

Number of Respondents: 120 (80 cable operators + 40 LFAs).

Estimated Time Per Response: 1-40 hours. FCC Form 393 has an

estimated average burden of 40 hours for cable operators to complete.

Cable operators who contract out the burden of filing will take 1 hour

to coordinate information with those contractors. In addition, there is

an estimated average burden of 15 hours for each FCC Form 393 filing

that LFAs must review.

Total Annual Burden: 3,020 hours (2,420 for operators + 600 for

LFAs). For cable operators: we estimate approximately 80 FCC Form 393

filings will be made this year, 50% with the Commission and 50% with

LFAs. We estimate that 25% of cable operators will contract out the

burden of filing and that it will take 1 hour to coordinate information

with those contractors. The remaining 75% of operators will employ in

house staff to complete the application. 20 filings (25% contracted

out) x 1 hour = 20 hours. 60 filings (75% in house) x 40 hours = 2,400

hours. Total burden for operators = 2,420 hours.

For LFAs: we estimate 40 (50%) of remaining FCC Form 393 filings

will be reviewed by LFAs. This third party disclosure was not

previously reported by the Commission. 40 FCC Form 393s reviewed by

LFAs at 15 hours each = 600 hours.

In the prior Federal Register notice soliciting public comment for

this collection, the Commission initially estimated a total burden of

12,000 hours (300 annual filings @ 40 hours each). Based on current

information, we further reduce the estimated number of annual FCC Form

393 filings to now be 80 per year, with 50% of filings being reviewed

by LFAs. The burden for LFA review of FCC Form 393s @ 15 hours per

review was not reported in the prior Federal Register summary

soliciting initial public comment.

Costs for respondents: $80,160. Printing and postage costs are

estimated at $2 per Form 393 filing. 80 annual filings x $2 = $160. We

estimate assistance will be performed by outside accounting/legal

assistance at an average of $100/hour for 25% of the Form 393 filings.

$100/hour x 20 filings (25% of Form 393 filings) x 40 hours = $80,000.

Total annual cost for respondents = $160 + $80,000 = $80,160.

In the prior Federal Register notice soliciting public comment for

this collection, the Commission did not report costs to respondents for

complying with this information collection. We now report the various

costs for printing, postage and contracting out for legal/accounting

assistance in completing FCC Form 393 filings.

Needs and Uses: The data are used by FCC staff and LFAs to

determine whether cable rates in effect prior to May 15, 1994 for basic

service, cable programming service and associated equipment are

reasonable under FCC regulations. Cable operators use FCC Form 393 to

submit their basic rate schedule to LFAs certified prior to May 15,

1994 or the FCC (in situations where the FCC has assumed jurisdiction).

Cable operators also file FCC Form 393 with the FCC when responding to

a complaint filed with the Commission about cable programming service

rates and associated equipment in effect prior to May 15, 1994. FCC

Form 393 is a one-time only filing requirement for operators. Local

franchise authority (``LFA'') certifications to regulate rates are not

granted retroactively. Rate complaints are also not permitted to

retroactively challenge rates in effect prior to May 15, 1994;

therefore, no future entities will be impacted by this filing

requirement. In fact, the Form 393 filing process is nearly exhausted.

The only remaining entities impacted by this requirement are those

initially required to file but have not yet done so, and those who

filed incorrect or incomplete FCC Form 393s.

Federal Communications Commission

William F. Caton,

Acting Secretary.

[FR Doc. 96-11526 Filed 5-8-96; 8:45 am]

BILLING CODE 6712-01-F