Notice of Public Information Collection(s) Submitted to OMB for Review and Approval

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collection(s) Submitted to OMB for

Review and Approval

August 19, 1997.

SUMMARY: The Federal Communications Commission, 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 information collection(s), as required by the Paperwork

Reduction Act of 1995, Pub. L. 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 Commission's

burden estimate; (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 September 26,

1997. 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.

ADDRESSES: Direct all comments to Judy Boley, Federal Communications

Commission, Room 234, 1919 M St., N.W., Washington, DC 20554 or via

internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies

of the information collection(s) contact Judy Boley at 202-418-0214 or

via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval Number: 3060-0544.

Title: Section 76.701, Commercial Leased Access Channels.

Type of Review: Revision of a currently approved collection.

Respondents: Business or other for-profit.

Number of Respondents: 100.

Estimated Time Per Response: 8 hours per response (avg.).

Cost to Respondents: N/A.

Total Annual Burden: 800 hours.

Needs and Uses: On May 7, 1997, the Commission released Memorandum

Opinion and Order (MO&O), FCC 97-156, in MM Docket No. 92-258, to

conform the Commission's rules pertaining to indecency and obscenity on

leased access and Public, Educational and Government (PEG) channels to

the Supreme Court's decision in Denver Area Educational

Telecommunications Consortium, Inc. v. FCC. In that decision, the

Supreme Court found that the PEG access channel provision permitting

the refusal to transmit indecency and the leased access channel

provision requiring segregation and blocking were unconstitutional. The

Commission's MO&O in this matter adopts rule changes responsive to the

Supreme Court's decision.

Particularly, the rule changes adopted in the MO&O modify Sections

76.701 and 76.702 of the Commission's rules. The only information

collection requirement remaining in these rule sections is contained in

Section 76.701(a), which continues to state that a cable operator may

adopt and enforce prospectively a written and published policy of

prohibiting programming which, it reasonably believes, describes or

depicts sexual or excretory activities or organs in a patently

offensive manner as measured by contemporary community standards.

Permitting cable operators to adopt policies regarding offensive

programming gives operators alternatives to banning broadcasts; for

example, by adopting policies to rearrange broadcast times so as to

accommodate adult audiences while lessening the risks of harm to

children.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97-22700 Filed 8-26-97; 8:45 am]

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