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 10, 1998.

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, 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 Commission's

burden estimate; (c) ways to enhance the quality, utility, 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 information techniques or other forms of information

technology.

DATES: Written comments should be submitted on or before September 17,

1998. 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 Les Smith, 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 Les Smith at 202-418-0217 or via

internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval Number: 3060-0287.

Title: Section 78.69 Cable Relay Station Records.

Form Number: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 1,800.

Estimated Time Per Response: 26 hours.

Frequency of Response: Mandatory recordkeeping requirement.

Total Annual Burden: 46,800 hours.

Cost to Respondents: $9,000 (Photocopying and stationery costs).

Needs and Uses: Section 78.69 requires that licensees of cable

CARS stations maintain various records, including but not limited to

records pertaining to transmissions, unscheduled interruptions to

transmissions, maintenance, observations, inspections and repairs.

Station records are required to be maintained for a period of not less

than two years. The records kept pursuant to Sec. 78.69 provide for a

history of station operations and are reviewed by Commission staff

during field investigations to ensure that proper operation of the

stations is being conducted.

OMB Approval Number: 3060-0419.

Title: Sections 76.94, 76.95, 76.155, 76.156, 76.157 and 76.159

Syndicated Exclusivity and Network Non-Duplication Rights.

Form Number: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 5,392 (1,141 commercial television stations

+ 4,251 cable television stations).

Estimated Time Per Response: 0.5 - 2.0 hours.

Frequency of Response: Mandatory; On occasion reporting

requirement; Third party disclosure.

Total Annual Burden: 178,640 hours.

Cost to Respondents: $192,132 (Notification and disclosure

requirements).

Needs and Uses: Sections 76.94(a) and 76.155(a) require television

stations and program distributors to notify cable television system

operators of non-duplication protection and exclusivity rights being

sought. The notification shall include (1) the name and address of the

party requesting non-duplication protection/exclusivity rights and the

television broadcast station holding the non-duplication right; (2) the

name of the program or series for which protection is sought; and (3)

the dates on which protection is to begin and end.

Section 76.94(b) requires broadcasters entering into contracts

providing for network non-duplication protection to notify cable

systems within 60 days of the signing of such a contract. If they are

unable to provide notices as provided for in Sec. 74.94(a), they must

provide modified notices that contain the name of the network which has

extended non-duplication protection, the time periods by time of day

and by network for each day of the week that the broadcaster will be

broadcasting programs from that network, and the duration and extent of

the protection.

Section 76.94(d) requires broadcasters to provide the following

information to cable television systems under the following

circumstances: (1) In the event the protection specified in the notices

described in paragraphs (a) or (b) of this section has been limited or

ended prior to the time specified in the notice, or in the event a time

period, as identified to the cable system in a notice pursuant to

paragraph (b) of this section, for which a broadcaster has obtained

protection is shifted to another time of day or another day (but not

expanded), the broadcaster shall, as soon as possible, inform each

cable television system operator that has previously received the

notice of all changes from the original notice. Notice to be furnished

``as soon as possible'' under this section shall be furnished by

telephone, telegraph, facsimile, overnight mail or other similar

expedient means. (2) In the event the protection specified in the

modified notices described in paragraph (b) of this section has been

expanded, the broadcaster shall, at least 60 calendar days prior to

broadcast of a protected program entitled to such expanded protection,

notify each cable system operator that has previously received notice

of all changes from the original notice.

Section 76.155(d) requires that in the event the exclusivity

specified in paragraph (a) of this section has been

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limited or has ended prior to the time specified in the notice, the

distributor or broadcaster who has supplied the original notice shall,

as soon as possible, inform each cable television system operator that

has previously received the notice of all changes from the original

notice. In the event the original notice specified contingent dates on

which exclusivity is to begin and/or end, the distributor or

broadcaster shall, as soon as possible, notify the cable television

system operator of the occurrence of the relevant contingency. Notice

to be furnished ``as soon as possible'' under this section shall be

furnished by telephone, telegraph, facsimile, overnight mail or other

similar expedient means.

Sections 76.94(e)(2) and 76.155(c)(2) states that if a cable

television system asks a television station for information about its

program schedule, the television station shall answer the request.

Sections 76.94(f) and 76.157 require a distributor or broadcaster

exercising exclusivity to provide to the cable system, upon request, an

exact copy of those portions of the contracts, such portions to be

signed by both the network and the broadcaster, setting forth in full

the provisions pertinent to the duration, nature, and extent of the

non-duplication terms concerning broadcast signal exhibition to which

the parties have agreed. Providing copies of relevant portions of the

contracts is assumed to be accomplished in the notification process set

forth in Secs. 76.94 and 76.155.

Section 76.159 (requirements for invocation of protection) requires

broadcasters to obtain amended contracts when existing contracts have

ambiguous language. We assume all broadcasters that have enforceable

syndicated rights in their contracts have by now amended their existing

contracts. Any contracts entered into after August 18, 1988, would

contain the required language set forth in this section.

Section 76.95(a) states that network non-duplication provisions of

Secs. 76.92 through 76.94 shall not apply to cable systems serving

fewer than 1,000 subscribers. Within 60 days following the provision of

service to 1,000 subscribers, the operator of each system shall file a

notice to that effect with the Commission, and serve a copy of that

notice on every television station that would be entitled to exercise

network non-duplication protection against it.

Section 76.156(b) states that the provisions of Secs. 76.151

through 76.155 shall not apply to a cable system serving fewer than

1,000 subscribers. Within 60 days following the provision of service to

1,000 subscribers, the operator of each such system shall file a notice

to that effect with the Commission, and serve a copy of that notice on

every television station that would be entitled to exercise syndicated

exclusivity protection against it.

The purpose of the various notification and disclosure requirements

accounted for in this collection is to protect broadcasters who

purchase the exclusive rights to transmit syndicated programming in

their recognized market areas. The Commission's syndicated exclusivity

rules permit, but not require, broadcasters and program distributors to

obtain the same enforceable exclusive distribution rights for

syndicated programming that all other video programming distributors

possess.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 98-22160 Filed 8-17-98; 8:45 am]

BILLING CODE 6712-01-F