Notice of Public Information Collections Being Reviewed by the Federal Communications Commission

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FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collections Being Reviewed by the

Federal Communications Commission

February 14, 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. 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 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 April 22,

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 No.: 3060-0552.

Title: Section 76.1003 Adjudicatory proceedings.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit.

Number of Respondents: 30 complainant's file preliminary notices

with potential defendants. Though these actions only result in

approximately 15 actual complaint proceedings each year, to account for

total respondents for this information collection requirement that are

30 complainants and 30 defendants; totalling 60 annual respondents.

Estimated Time Per Response: Preliminary notice has an average

burden of 8 hours (30 X 8). Each defendants response has an average

burden of 8 hours (30 X 8). Each complainants program access complaint

and defendants response to this complaint has an average burden of 15

hours (30 X 15). Each complainant's reply to the defendant's answer to

a program access complaint has an average burden of 5 hours (15 X 5).

Total Annual Burden: (30 X 8) + (30 X 8) + (30 X 15) + (15 X 5) =

1,005 annual burden hours.

Needs and Uses: Section 19 of the Cable Television Consumer

Protection and Competition Act of 1992 (1992 Cable Act) added new

Section 628 to the Communications Act of 1934 (the Act). Section 628 of

the Act prescribes a cable operator, a satellite cable programming

vendor in which a cable operator has an attributable interest, or a

satellite broadcast programming vendor from engaging in unfair

practices and directs the Commission to, among other things, prescribe

regulations to provide for a review of complaints made under this

section. Accordingly, the Commission adopted a Report and Order on

April 1, 1993, in MM Docket No. 92-265, which added Section 76.1003 to

its rules.

Section 76.1003 provides that any aggrieved multichannel video

programming distributor intending to file a program access complaint

must 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 such a complaint

with the Commission. If the parties cannot resolve the dispute, the

complainant may then initiate a program access complaint proceeding

with the Commission. Section 76.1003(b) stipulates that program access

complaint proceedings are generally to be resolved on a written record

consisting of a complaint, a defendant's answer to the complaint, and

the complainant's reply to the defendant's answer.

The information will be used by Commission staff to resolve

disputes alleging unfair methods of competition and deceptive practices

by a cable operator, a satellite cable programming vendor in which a

cable operator has an attributable interest, or a satellite broadcast

programming vendor where the purpose or effect of which is to hinder

significantly or to prevent any multichannel video programming

distributor from providing satellite cable programming or satellite

broadcast programming to subscribers or consumers.

OMB Approval Number: 3060-0571.

Title: Determination of Maximum Permitted Rates for Regulated Cable

Programming Services and Equipment.

Form No.: FCC Form 393.

Type of Review: Extension of expiration date of a currently

approved information collection.

Respondents: Business or other for profit; state, local or tribal

governments.

Number of Respondents: The Commission estimates that 300 FCC Form

393s are filed annually with the Commission and local franchising

authorities.

Estimated Time Per Response: 40 hours per response.

Total Annual Burden: 12,000 hours annually.

Needs and Uses: On 4/1/93, the Commission adopted a Report and

Order, FCC 93-177, MM Docket No. 92-266, implementing Section 623 of

the Cable Act, thus ensuring that cable subscribers nationwide enjoy

the rates that would be charged by cable systems operating in a

competitive environment. The FCC Form 393 was then developed for cable

operators to use to justify the reasonableness of rates for service and

equipment in effect prior to May 15, 1994. The cable operators use the

FCC Form 393 to submit their basic rate schedule to local franchising

authorities or the Commission (in situations where the Commission has

assumed jurisdiction. Cable operators also file the FCC Form 393 when

responding to a complaint filed with the Commission about cable

programming service rates and associated equipment.

OMB Approval Number: 3060-0551.

Title: 47 CFR 76.1002 Specific unfair practices prohibited.

Type of Review: Extension of expiration date of a currently

approved information collection.

Respondents: Business or other for-profit.

Number of Respondents: The Commission receives approximately 20

petitions for exclusivity, annually. Approximately 15 competing

multichannel video programming distributors affected by proposed

petitions for exclusivity will in turn file opposition to the

petitions. Therefore, there are 35 total annual respondents.

Estimated Time Per Response: Each of the estimated 20 petitions for

exclusivity has an average burden of 25 hours. Each of the estimated 15

opposition to petitions for exclusivity has an average burden of 25

hours. Each of the estimated 15 responses to the opposition has an

average burden 15 hours.

Total Annual Burden: (20 x 25) + (15 x 25) + (15 x 15) = 825 burden

hours.

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Needs and Uses: Section 19 of the Cable Television Consumer

Protection and Competition Act of 1992 (1992 Cable Act) added new

Section 628 to the Communications Act of 1934 (the Act). Section 628 of

the Act directs the Commission to prescribe rules to prohibit exclusive

contracts between cable operators and vertically integrated satellite

cable and broadcast programming vendors, that prevent a multichannel

video programming distributor from obtaining satellite cable or

satellite broadcast programming for distribution to persons in areas

served by a cable operator unless the Commission determines that the

exclusive contract is in the public interest pursuant to Section

628(c)(4) of the Act. Pursuant to the legislative mandate of Section 19

of the Cable Act (Section 628(c)(2)(D) of the Act), the Commission

adopted a Report and Order on April 1, 1993, in MM Docket No. 92-265,

which, among other things, added new Section 76.1002(c)(5) to the

Commission's rules requiring any vertically integrated programmer or

any cable operator seeking to execute an exclusive contract, to seek

and obtain the Commission's public interest judgement before doing so

by filing a ``petition for exclusivity.'' The information will be used

by Commission staff to determine on a case-by-case basis whether

particular exclusive contracts for cable television programming comply

with the statutory public interest standard of Section 19 of the 1992

Cable Act and Section 628(c)(2)(D) of the Act.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96-3914 Filed 2-21-96; 8:45 am]

BILLING CODE 6712-01-F