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 12, 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; (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 May 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] 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 No.: 3060-0139.

Title: Application for Antenna Structure Registration.

Form No.: FCC 854/854R.

Type of Review: Revision of a currently approved collection.

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

governments.

Number of Responses: 43,000.

Estimated Time Per Response: 30 minutes.

Total Annual Burden: 21,500 hours.

Needs and Uses: Section 303(q) of the Communications Act authorizes

the Commission to require the painting and/or illumination of radio

towers if and when in its judgement such towers constitute, or there is

a reasonable possibility that they may constitute, a hazard to air

navigation. This FCC form is to be used for the purpose of registering

structures used for wire or radio communication services within the

United States, or to make changes to an existing registered structure,

or to notify the Commission of the dismantlement of a structure. The

Commission staff will evaluate the antenna data submitted by the tower

owner and determine if Part 17 rule requirements are met and if any

obstruction painting and/or lighting will be necessary. The tower owner

will

[[Page 16913]]

receive notification that the Commission has registered the structure,

modification or dismantlement on FCC Form 854R, Antenna Structure

Registration. Owners of new and modified towers must notify the

Commission within 24 hours of construction completion and/or

disposition of structure, using a portion of the FCC Form 854R which is

detachable. The data collected is required by the Communications Act of

1934, as amended; FCC Rules Section 1.61(a), 17.4, 21.11(g),25.113(c),

73.3533(c), 74.551(c), 74.651(d), 74.1251(d), 78.109(c), 95.83(a)(3),

97.15(d).

OMB Approval Number: 3060-0544.

Title: 47 CFR 76.701 Leased access channels.

Type of Review: Revision of a currently approved collection.

Respondents: Businesses or other for-profit, individuals or

households.

Number of Respondents: 535,600 determined as follows: 6,270 cable

companies are subject to the Commission's leased access provisions with

approximately 1,000 carrying active leased access channels. We estimate

approximately 50 systems will add leased access channels to their

channel line-up for the first time and they will choose to adopt a

written and published policy prohibiting indecent programming. The

average burden is 2 hours per system for a total 100 hours. We also

estimate that much leased access programming contains no indecent

material. Therefore no more than 10% of the subscribers to a system

with leased access channels are in a position to request indecent

access programming or request termination of such programming. We

estimate that cable systems have an average of 5,300 subscribers and

the average burden to complete the written request is approximately 1

minute since many systems provide a pre-printed area on their monthly

billing statement for subscribers to make these requests. The total

burden for this is 9,010 hours.

Additionally the Commission estimates that for the 1,000 systems

with leased access channels there will be an average 5 occurrences

annually where program providers must identify indecent programming in

writing to the cable operators. The estimated burden is 10 minutes per

respondent for a total of 835 hours.

A cable operator may also request a program provider to certify

that the programming intended for leased access does not have obscene

or indecent content and may request that programming of ``live

programming'' certify that reasonable efforts will be made to ensure

that live programming is not indecent. The average burden for each

certification is 10 minutes per respondent for a total burden of 835

hours. Section 76.701(h) requires retention of records verifying

compliance with these requirements. The estimated burden is 4 hours per

respondent for a total of 4,000 hours.

This collection was revised to incorporate the third party

disclosure requirements contained in sections 76.701(c), 76.701(d), and

76.702(e) which were not previously reported. Also the number of

respondents has been adjusted from 497 to 1,000.

Total Annual Burden: 14,780 hours.

Needs and Uses: Section 10(a) of the Cable Television Consumer

Protection and Competition Act of 1992, Pub.L. No. 102-385, permits

cable operators to enforce voluntarily a written and published policy

of prohibiting indecent programming on commercial leased access

channels on their cable systems. Section 10(b) of the Act requires the

Commission to adopt regulations that are designed to restrict access of

children to indecent programming on leased access channels (that is not

voluntarily prohibited under section 10(a) by requiring cable operators

to place indecent leased access programming, as identified by program

providers, on a ``blocked'' leased access channel. The various

information collection, disclosure and recordkeeping requirements set

forth in 47 CFR 76.701 protect cable operators against involuntarily

transmitting indecent programming on leased access channels; and

unknowingly transmitting indecent programming on leased access channels

to children or adult subscribers without adult subscribers' consent.

Federal Communications Commission.

William F. Caton,

Acting. Secretary.

[FR Doc. 96-9530 Filed 4-17-96; 8:45 am]

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