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 12, 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, 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, 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 21,

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: 3060-0547.

Title: Section 76.61 Disputes concerning carriage and Section 76.7

Special relief and must-carry procedures.

Form Number: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 600 (includes petitioning and opposing

parties for Sections 76.61 and 76.7).

Estimated Time Per Response: 5 to 40 hours.

Frequency of Response: On Occasion reporting requirements; Third

party disclosure.

Total Annual Burden: 18,000 hours.

Cost to Respondents: $198,000.

Needs and Uses: This information collection accounts for the

paperwork burden associated with disputes concerning carriage contained

in Section 76.61 as well as must-carry complaints and other petitions

for special relief contained in Section 76.7.

Section 76.61 states that whenever a local commercial television or

qualified low power television station believes that a cable operator

has failed to meet its carriage or channel positioning obligations,

such station shall notify the cable operator, in writing, of the

alleged failure and identify its reasons for believing that the cable

operator is obligated to carry the signal of such station or position

such signal on a particular channel. The cable operator then must

respond in writing within 30 days to the notification and either

commence to carry the station or state its reasons for believing it is

not obligated to carry such signal. The television or low power

television station may then file a ``must-carry'' complaint in

accordance with procedures set forth in Section 76.7. Qualified local

noncommercial educational television stations may also file ``must-

carry'' complaints with the Commission in accordance with procedures

set forth in 76.7. Must-carry complaints shall specifically allege the

manner in which the cable operator failed to meet its obligations and

the basis for such allegations.

Section 76.7 states that on petition by a cable television system

operator, a franchising authority, an applicant, permittee, or licensee

of a television broadcast or translator station, or by any other

interested person, the Commission may waive any provision of the rules

relating to cable television systems, impose additional or different

requirements, or issue a ruling on a complaint or disputed question.

The petition for special relief or must-carry complaint may be

submitted informally, by letter, but shall be accompanied by a

certificate of service on any cable television operator, franchising

authority, station licensee, permittee, or applicant, or other

interested person who may be directly affected if the relief requested

is granted. Interested parties may submit comments or oppositions to a

petition for special relief or a must-carry complaint within twenty

days after the date of public notice of the filing of such petition or

complaint. The petitioner or complainant may file a reply to the

comments or oppositions within 10 days after their submission.

OMB Approval Number: 3060-0548.

Title: Section 76.302 Required recordkeeping for must-carry

purposes and Section 76.56 Signal carriage obligations.

Form Number: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 11,000.

Estimated Time Per Response: 0.5 hours to 1.0 hour.

Frequency of Response: On occasion reporting requirements; Third

party disclosure.

Total Annual Burden: 66,000 hours.

Cost to Respondents: $110,000.

Needs and Uses: Section 76.302 requires the operator of every cable

television system to maintain a public inspection file containing a

list of all broadcast television stations carried by its system in

fulfillment of the must-

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carry requirements pursuant to Section 76.56 and the designation and

location of its principal headend. Sections 76.302 and 76.56(e) state

that upon written request from any person, a cable operator is required

to provide the list of must-carried signals in writing within 30 days

of receipt of such request. Additionally, Section 76.56(d)(3) states

that if a cable operator authorizes subscribers to install additional

receiver connections, but does not provide the subscriber with such

connections, or with the equipment and materials for such connections,

the operator shall notify such subscribers of all broadcast stations

carried on the cable system which cannot be viewed via cable without a

converter box and shall offer to sell or lease such a converter box to

such subscribers. The notice, which may be included in routine billing

statements, shall identify the signals that are unavailable without an

additional connection, the manner for obtaining such additional

connection, and instructions for installation. These notification and

recordkeeping requirements ensure that subscribers are aware of which

channels cannot be viewed without converter boxes and which channels

are defined as must-carry. The records kept by cable television systems

are reviewed by Commission staff during field inspections and by local

public officials to assess the systems' compliance with applicable

rules and regulations.

OMB Approval Number: 3060-0652.

Title: Section 76.309 Customer service obligations and Section

76.964 Notice to subscribers.

Form Number: N/A.

Type of Review: Revision of a currently approved collection.

Respondents: Business and other for-profit entities; State, local

and tribal governments.

Number of Respondents: 11,375 (11,365 cable systems +10 franchise

authorities).

Estimated Time Per Response: 10 minutes to 1.0 hour.

Frequency of Response: On occasion reporting requirements; Third

party disclosure.

Total Annual Burden: 33,975 hours.

Cost to Respondents: $100,000.

Needs and Uses: Sections 76.309 and 76.964 set forth various

customer service obligations and notification requirements for changes

in rates, programming services and channel positions. Section 76.309(a)

states that franchise authorities must provide affected cable operators

90 days written notice of its intent to enforce customer services

standards set forth in Section 76.309(c).

Section 76.309(c)(3)(i)(A) states that cable operators shall

provide written information on each of the following areas at the time

of installation of service, at least annually to all subscribers, and

at any time upon request: (1) Products and services offered; (2) Prices

and options for programming services and conditions of subscription to

programming and other services; (3) Installation and service

maintenance policies; (4) Instructions on how to use the cable service;

(5) Channel positions programming carried on the system; and, (6)

Billing and complaint procedures, including the address and telephone

number of the local franchise authority's cable office.

Section 76.309(c)(3)(i)(B) states that customers will be notified

of any changes in rates, programming services or channel positions as

soon as possible in writing. Notice must be given to subscribers a

minimum of thirty (30) days in advance of such changes if the change is

within the control of the cable operator. In addition, the cable

operator shall notify subscribers 30 days in advance of any significant

changes in the other information required by Section

76.309(c)(3)(i)(A).

Section 76.964 states that in addition to the requirement set forth

in Section 76.309(c)(3)(i)(B) regarding advance notification to

customers of any changes in rates, programming services or channel

positions, cable systems shall give 30 days written notice to both

subscribers and local franchising authorities before implementing any

rate or service change. Such notice shall state the precise amount of

any rate change and briefly explain in readily understandable fashion

the cause of the rate change (e.g. inflation, changes in external costs

or the addition/deletion of channels). When the change involves the

addition or deletion of channels, each channel added or deleted must be

separately identified. Notices to subscribers shall inform them of

their right to file complaints about changes in cable programming

service tier rates and services, shall state that the subscriber may

file the complaint within 90 days of the effective date of the rate

change, and shall provide the address and phone number of the local

franchising authority.

Section 76.309(c)(3)(ii)(B) states that in case of a billing

dispute, the cable operator must respond to a written complaint from a

subscriber within 30 days.

Since the last OMB clearance for this collection, it has been

revised in two ways. First, the Section 76.309(a) requirement that

franchise authorities must provide affected cable operators 90 days

written notice of intent to enforce customer services standards was not

previously accounted for in this collection. We now seek clearance for

it as part of this collection. Second, cable operators are no longer

required to provide notice of any rate change that is the result of a

regulatory fee, franchise fee, or any other fee, tax, assessment, or

charge of any kind imposed by any Federal agency, State, or franchising

authority on the transaction between operators and their subscribers.

We revise this collection accordingly.

The Commission requires the various disclosure and notifications

contained in this collection as a means of consumer protection to

ensure that subscribers and franchising authorities are knowledgeable

of cable operators' business practices, current rates, rate changes for

programming, service and equipment, and channel line-up changes.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-22513 Filed 8-20-98; 8:45 am]

BILLING CODE 6712-10-P