Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collection(s) Being Reviewed by the

Federal Communications Commission

February 24, 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, 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 4, 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

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: 3060-0502.

Title: Section 73.1942, Candidate rates.

Form Number: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for-profit.

Number of Respondents: 11,518.

Estimated Time Per Response: 0.5 hours for disclosure of lowest

unit charge; 20 hours for calculation of lowest unit charge; 2 hours

for review of records.

Total Annual Burden: 650,767 hours.

Frequency of Response: On occasion reporting requirement.

Estimated Cost Per Respondent: N/A.

Needs and Uses: Section 315(b) of the Communications Act directs

broadcast stations to charge political candidates the ``lowest unit

charge of the station'' for the same class and amount of time for the

same period, during the 45 days preceding a primary or runoff election

and the 60 days preceding a general or special election.

Section 73.1942 requires broadcast licensees 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).

Section 74.1942 also requires licensees to calculate the lowest unit

charge. Stations are also required to review their advertising records

throughout the election period to determine whether compliance with

this section requires that candidates receive rebates or credits. The

disclosure would assure candidates that they are receiving the same

lowest unit charge as other advertisers.

OMB Approval Number: 3060-0211.

Title: Section 73.1943, Political file.

Form Number: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for-profit.

Number of Respondents: 15,817.

Estimated Time Per Response: 0.25 hours per request (each station

is estimated to have 25 political broadcasts per year).

Total Annual Burden: 98,856 hours.

Frequency of Response: On occasion reporting requirement.

Estimated Cost Per Respondent: N/A.

Needs and Uses: Section 73.1943 requires licensees of broadcast

stations to keep and permit public inspection of a complete record

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

behalf of candidates for public office, together with an appropriate

notation showing the disposition made by the licensee of such request.

The data is used by the public to assess money expended and time

allotted to a political candidate and to ensure that equal access was

afforded to other qualified candidates.

OMB Approval No.: 3060-0788.

Title: DTV Showings/Interference Agreements.

Form No.: FCC 301/FCC 340.

Type of Review: Extension of currently approved collection.

Respondents: Businesses or other for-profit, not-for-profit

institutions.

Number of Respondents: 20.

Estimated Hours Per Response: 55 hours (5 hours applicant; 60 hours

advisory committee).

Frequency of Response: On occasion reporting requirement.

Cost to Respondents: Undetermined.

Estimated Total Annual Burden: 100 hours.

Needs and Uses: Section V-D of the FCC 301/FCC 340 begins with a

``Certification Checklist.'' This checklist contains a series of

questions by which applicants may certify compliance with key

processing requirements. The first certification requires conformance

with the DTV Table of Allotments. In the Sixth Report and Order in MM

Docket No. 87-268, the Commission allowed flexibility for DTV

facilities to be constructed at locations within five kilometers of the

reference allotment sites without consideration of additional

interference to analog or DTV service, provided the DTV service does

not exceed the allotment reference height above average terrain or

effective radiated power. In order for the Commission to process

applications that cannot certify affirmatively, the rules adopted in

the Sixth Report and Order require applicants to submit a technical

showing to establish that their proposed facilities will not result in

additional interference to TV broadcast and DTV operations.

Additionally, in the Sixth Report and Order, the Commission

permitted broadcasters to agree to proposed DTV facilities that do not

conform to the initial allotment parameters, even though they might be

affected by potential new interference. The Commission also recognized

that industry frequency coordination could help to facilitate the

implementation of the DTV service, and it encouraged the broadcast

industry to continue their voluntary coordination efforts through a

process open to all affected parties. In this regard, the Commission

will consider granting applications on the basis of interference

agreements, including agreements obtained through

[[Page 10380]]

the coordination process, if it finds that such grants will serve the

public interest. These agreements must be signed by all parties to the

agreement. In addition, the Commission needs the following information

to enable such public interest determinations: a list of parties

predicted to receive additional interference from the proposed

facility, a showing as to why a grant based on the agreements would

serve the public interest, and technical studies depicting the

additional interference. Applicants who use a voluntary coordination

process should provide the name, address and telephone number of the

person who coordinated studies and a description of how the

coordination process was open to all interested parties.

The technical showings and interference agreements will be used by

FCC staff to determine if the public interest would be served by the

grant of the application and to ensure that the proposed facilities

will not result in additional interference.

OMB Approval Number: 3060-0500.

Title: Section 76.607, Resolution of Complaints.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 11,365 cable television systems.

Estimated Time Per Response: 1-26 hours.

Frequency of Response: On occasion reporting requirement.

Cost to Respondents: $56,825. The annual printing, photocopying and

stationery costs associated with the disclosure and recordkeeping

requirements accounted for in this collection are estimated to be $5

per cable system. 11,365 systems x $5 = $56,825.

Total Annual Burden to Respondents: 306,855 hours. Based on

Commission records, there are approximately 11,365 cable television

systems in the nation. The average burden for cable systems to advise

subscribers at least once each calendar year of the procedures for

resolution of complaints is estimated to be one hour per system. This

information is assumed to be easily disclosed to subscribers as part

of, or attached to, monthly billing statements. 11,365 systems x 1

hour = 11,365 hours. The average burden for cable systems to undergo

recordkeeping procedures for subscriber complaints/resolutions is

estimated to be no more than .5 hours per week, or 26 hours per year.

11,365 systems x 26 hours = 295,490 hours. 11,365+295,490 = 306,855

total annual burden hours.

Needs and Uses: On March 4, 1992, the Commission adopted a Report

and Order, FCC 92-61, MM Docket Nos. 91-169 and 85-381 in the matter of

cable television technical and operational requirements. This

rulemaking added Section 76.607 to the Commission's rules. Section

76.607 requires cable system operators to advise subscribers at least

once each calendar year of the procedures for resolution of complaints

about the quality of television signals delivered. Section 76.607 also

requires that records be maintained by cable system operators on all

such subscriber complaint and resolution of complaints for at least a

one-year period. The records are used by local franchising authorities

to assess the technical performance of cable television systems and to

ensure that quality service is being provided to subscribers.

OMB Approval Number: 3060-0316.

Title: Section 76.305, Records to be maintained locally by cable

system operators for public inspection.

Type of Review: Extension of a currently approved collection.

Respondents: Business and other for-profit entities.

Number of Respondents: 4,670 cable television systems.

Estimated Time Per Response: 26 hours.

Frequency of Response: On occasion reporting requirement.

Cost to Respondents: $46,700. The annual printing, photocopying and

stationery costs associated with the recordkeeping requirements

accounted for in this collection are estimated to be $10 per cable

system. 4,670 systems x $10 = $46,700.

Total Annual Burden to Respondents: 121,420 hours. According to the

National Cable Television Association's Cable Television Developments

publication, Fall 1997, p. 11, there are an estimated 10,943 cable

television systems in the nation, of which approximately 4,670 serve

more than 1,000 subscribers. The average burden for each cable system

serving more than 1,000 subscribers to comply with Section 76.305

recordkeeping requirements that are not already accounted for in other

OMB information collections is estimated to be 26 hours yearly. This

estimate is based on FCC staff's knowledge and familiarity with the

availability of the data required. 4,670 cable systems x 26 hrs. per

week = 121,420 hours.

Needs and Uses: Section 76.305 requires cable television systems

having 1000 or more subscribers to maintain a public inspection file

containing various records in accordance with the following Sections of

the Commission's rules: Section 76.207 (political file); Section 76.221

(sponsorship identifications); Section 76.79 (EEO records available for

public inspection); Section 76.225(c) (commercial records for

children's programming); Section 76.601(c) (proof-of-performance test

data); Section 76.601(e) (signal leakage logs and repair records);

Section 76.701(h) (records for leased access); and records kept

regarding the testing and activation of Emergency Alert Systems. Many

of the recordkeeping requirements listed have OMB approval under

separate information collection Control Numbers. Specifically, the

recordkeeping requirements set forth in Section 76.207 are approved

under OMB Control Number 3060-0313. The recordkeeping requirements set

forth in Section 76.221 are approved under OMB Control Number 3060-

0315. The recordkeeping requirements set forth in Section 76.79 are

approved under OMB Control Number 3060-0348. The recordkeeping

requirements set forth in Section 76.601(e) are approved under OMB

Control Number 3060-0332. Finally, the recordkeeping requirements set

forth in Section 76.701(h) no longer exist in the Code of Federal

Regulations. On May 7, 1997, the Commission released a Memorandum

Opinion and Order in MM Docket No. 92-258, FCC 97-156, which amended

Section 76.701 and removed subsection (h). This information collection,

Control Number 3060-0316, therefore accounts for the remaining

recordkeeping requirements set forth in Section 76.305. These records

are used by Commission staff in field inspections/investigations, by

local public officials and by the public to assess a cable television

system's performance and to ensure that the system is in compliance

with all of the Commission's applicable rules and regulations.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-5403 Filed 3-2-98; 8:45 am]

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