Notice of Public Information Collections being Reviewed by the Federal Communications Commission; Comments Requested

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collections being Reviewed by the

Federal Communications Commission; Comments Requested

May 7, 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

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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 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 August 20,

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].

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: 3060-0705.

Title: Procedures for Filing Petitions for Declaratory Rulings or

Waivers of Section 25.104--Preemption of Local Zoning Regulation of

Satellite Earth Stations, Report and Order and Further Notice of

Proposed Rulemaking.

Form No.: N/A.

Type of Review: Revision of existing collection.

Respondents: Individuals or households; Not-for-profit

institutions; Business or other for-profit; Small businesses and

organizations; farms; State, local or Tribal Government.

Number of Respondents: 60.

Estimated time per response: 3 hours to prepare petitions for

Declaratory Rulings and 5 hours per respondent to prepare Petitions for

Waiver.

Total Annual Burden: 172 hours.

Total Annualized Cost per respondent: $450 per respondent filing

for Declaratory Rulings and $750 per respondent for filing a Petition

for Waiver. These are the estimated costs if respondents hire an

attorney to compile the information.

Needs and Uses: On April 17, 1996, the Commission issued a Public

Notice, Report No. SPB-41, setting forth procedures to be followed when

submitting petitions for declaratory ruling or waiver, under Section

25.104 of the Commission's rules, 47 CFR 25.104, of governmental

restrictions on the installation of satellite earth stations. Emergency

OMB approval for this information collection was granted by OMB through

June 30, 1996 (OMB Approval Number 3060-0705). The Commission is

seeking comments to maintain the collection and on proposed changes.

This information collection permits persons to petition the Commission

to declare nonfederal, governmental zoning regulations to be preempted

pursuant to Section 25.104 of the Commission's rules, 47 CFR 25.104. It

further allows nonfederal, governmental entities to petition for a

waiver of any or all of Section 25.104 in order to permit them to

enforce noncompliant zoning regulations. See Report and Order in

Preemption of Local Zoning Regulation of Satellite Earth Stations, 61

FR 10896 (March 17, 1996). In addition, the Commission has proposed to

extend the preemption rule to non-governmental restrictions, such as,

covenants and home owner association rules, satellite earth stations

less than one meter in diameter. See Further Notice of Proposed

Rulemaking in Preemption of Local Zoning Regulation of Satellite Earth

Stations, 61 FR 10710 (March 15, 1996). The Commission is requesting

OMB approval of this voluntary collection to allow enforcement of

Section 25.104 of the rules.

The information collected will be used by the Commission to

determine, in the cases of Petitions for Declaratory Ruling, whether a

nonfederal, governmental and zoning regulation is preempted under

Section 25.104 of the Commission's rules, 47 CFR 25.104; or, in cases

of Petitions for Waiver, whether preemption under Section 25.104 may be

waived for a given regulation. The collection is being revised to

include collections that may be submitted to the Commission for a

determination of whether a nongovernmental regulation, i.e., a deed

covenant, is preempted under Section 25.104. The information will be

submitted voluntarily by all respondents.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96-15864 Filed 6-20-96; 8:45 am]

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