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

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collections Being Reviewed by the

Federal Communications Commission

February 5, 1998.

SUMMARY: 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 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 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 April 20,

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 Judy Boley, 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 Judy Boley at 202-418-0214 or

via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval Number: 3060-0501.

Title: Section 76.206, Candidate rates.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 10,750

Estimated Time Per Response: .5-10 hours.

Total Annual Burden to Respondents: 139,750 hours, calculated as

follows: There are approximately 10,750 cable systems in the nation. We

estimate that in any given year, candidates for public office will be

interested in seeking origination cablecast time from approximately

half of these systems (5,375). We estimate that these cable systems

will be required to make the various advertising rate disclosures set

forth in Section 76.206 to an average of 4 candidates. The average

burden on systems to disclose this information is estimated to be .5

hours per candidate. 5,375 systems x 4 candidates x .5 hours = 10,750

hours. We estimate that each cable system will calculate its lowest

unit charge semi-annually with an average burden of 10 hours per

station. 5,375 systems x 2 calculations x 10 hours = 107,500 hours.

Systems are also required to periodically review their advertising

records throughout the election period to determine whether compliance

with Section 76.206 requires that candidates receive rebates or

credits. We estimate that cable systems will review their records an

average of 2 times throughout the election period, undergoing a burden

of 2 hours per review. 5,375 systems x 2 reviews x 2 hours = 21,500

hours.

Total Annual Cost to Respondents: Postage and stationery costs

associated with the various requirements contained in Section 76.206

are estimated to be $5 per system. 5,375 systems x $5 = $26,875.

Needs and Uses: On December 12, 1991, the Commission adopted Report

and Order, FCC 91-403, MM Docket No. 91-168, in the matter of

codification of the Commission's political programming policies. The

Report and Order adopted affirmative disclosure requirements obliging

cable television systems to disclose and make available to candidates

all discount privileges available to commercial advertisers, including

the lowest unit charge for the different classes of time sold. The

Report and Order added Section 76.206 to the Commission's rules.

Section 76.206 requires cable television systems to disclose any

station practices offered to commercial advertisers that enhance the

value of advertising spots and different classes of time (immediately

preemptible, preemptible with notice, fixed, fire sale, and make good).

It also requires cable systems to calculate the lowest unit charge. The

disclosure requirements contained in Section 76.206 serve to ensure

that cable system licensees provide timely, accurate and complete

information on rates and sales practices to legally qualified

candidates for public office who are interested in origination

cablecasting.

OMB Approval Number: 3060-0313.

Title: Section 76.207, Political file.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 5,375.

Estimated Time Per Response: .5-10 hours.

Total Annual Burden to Respondents: 5,375 hours, calculated as

follows: There are approximately 10,750 cable systems in the nation. We

estimate that in any given year, candidates for public office will be

interested in seeking origination cablecast time from approximately

half of these systems (5,375). We estimate these systems will be

required to keep a political file for an average of 4 candidates at an

estimated recordkeeping burden of .25 hours per candidate. 5,375

systems x 4 candidates x .25 hours = 5,375 hours.

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Total Annual Cost to Respondents: $10,750. The photocopying and

stationery costs associated with this recordkeeping requirement are

estimated to be $2 per system. 5,375 systems x $2 = $10,750.

Needs and Uses: Section 76.207 requires every cable television

system to keep and permit public inspection of a complete record

(political file) of all requests for cablecast time made by or on

behalf of candidates for public office, together with an appropriate

notation showing the disposition made by the system of such requests,

and the charges made, if any, if the request is granted. The

disposition includes the schedule of time purchased, when the spots

actually aired, the rates charged, and the classes of time purchased.

Also, when free time is provided for use by or on behalf of candidates,

a record of the free time provided is to be placed in the political

file. The data are used by the public in order to assess the amount of

money expended and time allotted to a political candidate to ensure

that equal access was afforded to other legally qualified candidates

for public office.

OMB Approval Number: 3060-0595.

Title: FCC Form 1210 Updating Maximum Permitted Rates for Regulated

Services and Equipment.

Type of Review: Extension of a currently approved collection.

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

and tribal governments.

Number of Respondents: 6,000 (4,000 filings and 2,000 LFA reviews)

Estimated Time Per Response: 2-15 hours.

Total Annual Burden to Respondents: 54,000 hours, calculated as

follows: We estimate that approximately 4,000 FCC Form 1210s will be

filed in the next year, approximately 50% with the Commission and 50%

with LFAs. The average burden for cable operators to complete FCC Form

1210 is estimated to be 15 hours. The average burden for local

franchise authorities to review Form 1210 filings is estimated to be 10

hours per filing. Cable operators are estimated to use in-house staff

to complete approximately 50% of the filings. When using outside

assistance to complete to other 50%, we estimate operators undergo a

burden of 2 hours per filing to coordinate information with the outside

assistance. 2,000 (50% of 4,000) filings completed with in-house staff

x 15 hours per filing = 30,000 hours. 2,000 (50% of 4,000) filings

coordinated with outside assistance x 2 hours per filing = 4,000 hours.

2,000 filings reviewed by LFAs at an average burden of 10 hours per

filing = 2,000 x 10 hours per filing = 20,000 hours.

Total Annual Cost to all Respondents: $3,008,000 calculated as

follows: Printing, photocopying and postage costs incurred by

respondents are estimated to be $2 per filing. 4,000 annual filings x

$2 per filing = $8,000. We estimate cable operators that use legal and

accounting contractors will pay for services at an average rate of

$100/hour. 2,000 filings x 15 hours per filing x $100/hour =

$3,000,000.

Needs and Uses: FCC Form 1210 is used by cable operators to file

for adjustments in maximum permitted rates for regulated services to

reflect external costs. Regulated cable operators submit this form to

local franchising authorities or the Commission (in situations where

the FCC has assumed jurisdiction). It is also filed with the Commission

when responding to a complaint filed with the Commission concerning

cable programming service rates and associated equipment. The filings

are used by the Commission and local franchising authorities (``LFAs'')

to adjudicate permitted rates for regulated cable services and

equipment, for the addition of new programming tiers and to account for

the addition and deletion of channels, and for the allowance for pass

throughs of external costs and costs due to inflation.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-3774 Filed 2-13-98; 8:45 am]

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