80 FR 39112 - Information Collections Being Submitted for Review and Approval to the Office of Management and Budget
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 130 (July 8, 2015)
Federal Register Volume 80, Issue 130 (July 8, 2015)
| Page Range | 39112-39116 | |
| FR Document | 2015-16663 |
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)] [Notices] [Pages 39112-39116] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16663] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0214, 3060-0519, 3060-1162 and 3060-1180] Information Collections Being Submitted for Review and Approval to the Office of Management and Budget AGENCY: Federal Communications Commission. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; 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; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. DATES: Written comments should be submitted on or before August 7, 2015. 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 contacts below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected]. Include in the comments the OMB control number as shown in the Supplementary Information section below. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection, contact Cathy Williams at (202) 418- 2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently Under Review,'' (3) click on the downward-pointing arrow in the ``Select Agency'' box below the ``Currently Under Review'' heading, (4) select ``Federal Communications Commission'' from the list of agencies presented in the ``Select Agency'' box, (5) click the ``Submit'' button to the right of the ``Select Agency'' box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0214. Title: Sections 73.3526 and 73.3527, Local Public Inspection Files; Sections 76.1701 and 73.1943, Political Files. Form Number: Not applicable. Type of Review: Extension of a currently approved collection. Respondents: Business or other for-profit entities; Not for-profit institutions; Individuals or households. Number of Respondents and Responses: 24,558 respondents; 63,234 responses. Estimated Time per Response: 1 hour to 104 hours. [[Page 39113]] Frequency of Response: On occasion reporting requirement; Recordkeeping requirement; Third party disclosure requirement. Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 47 U.S.C. 151, 152, 154(i), 303, 307 and 308. Total Annual Burden: 2,375,336 hours. Total Annual Costs: $882,236. Privacy Act Impact Assessment: The FCC is preparing a PIA. Nature and Extent of Confidentiality: The personally identifiable information (PII) in this information collection is in part covered by the system of records notice (SORN), FCC/MB-1, ``Ownership of Commercial Broadcast Stations,'' 74 FR 59978 (2009). The Commission is currently drafting a Privacy Impact Assessment (PIA) for the records covered by this SORN. The FCC also prepared a system of records, FCC/MB-2, ``Broadcast Station Public Inspection Files,'' to cover the personally identifiable information (PII) that may be included in the broadcast station public inspection files. Respondents may request materials or information submitted to the Commission be withheld from public inspection under 47 CFR 0.459 of the Commission's rules. Needs and Uses: The public and FCC use the information in the public file to evaluate information about the broadcast licensee's performance, to ensure that broadcast stations are addressing issues concerning the community which it is licensed to serve and to ensure that stations entering into time brokerage agreements comply with Commission policies pertaining to licensee control and to the Communications Act and the antitrust laws. Placing joint sales agreements in the public inspection file facilitates monitoring by the public, competitors and regulatory agencies. Television broadcasters are required to send each cable operator in the station's market a copy of the election statement applicable to that particular cable operator. Placing these retransmission consent/must-carry elections in the public file provide public access to documentation of station's elections which are used by cable operators in negotiations with television stations and by the public to ascertain why some stations are/are not carried by the cable systems. Maintenance of political files by broadcast stations and by cable television systems enables the public to assess money expended and time allotted to a political candidate and to ensure that equal access was afforded to other legally qualified candidates for public office. OMB Control Number: 3060-0519. Title: Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, CG Docket No. 02-278. Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other for-profit entities; Individuals or households; Not-for-profit institutions. Number of Respondents and Responses: 34,948 respondents; 147,368,997 responses. Estimated Time per Response: .004 hours (15 seconds) to 1 hour. Frequency of Response: Recordkeeping requirement; Annual, on occasion and one-time reporting requirements; Third party disclosure requirement. Obligation To Respond: Required to obtain or retain benefits. The statutory authority for the information collection requirements is found in the Telephone Consumer Protection Act of 1991 (TCPA), Public Law 102-243, December 20, 1991, 105 Stat. 2394, which added section 227 of the Communications Act of 1934, [47 U.S.C. 227] Restrictions on the Use of Telephone Equipment. Total Annual Burden: 666,138 hours. Total Annual Cost: $2,745,000. Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's system of records notice (SORN), FCC/CGB-1, ``Informal Complaints and Inquiries.'' As required by the Privacy Act, 5 U.S.C. 552a, the Commission also published a SORN, FCC/CGB-1 ``Informal Complaints, Inquiries, and Requests for Dispute Assistance'', in the Federal Register on August 15, 2014 (79 FR 48152) which became effective on September 24, 2014. A system of records for the do-not-call registry was created by the Federal Trade Commission (FTC) under the Privacy Act. The FTC originally published a notice in the Federal Register describing the system. See 68 FR 37494, June 24, 2003. The FTC updated its system of records for the do-not-call registry in 2009. See 74 FR 17863, April 17, 2009. Privacy Impact Assessment: Yes. Needs and Uses: The reporting requirements included under this OMB Control Number 3060-0519 enable the Commission to gather information regarding violations of section 227 of the Communications Act, the Do- Not-Call Implementation Act (Do-Not-Call Act), and the Commission's implementing rules. If the information collection was not conducted, the Commission would be unable to track and enforce violations of section 227 of the Communications Act, the Do-Not-Call Act, or the Commission's implementing rules. The Commission's implementing rules provide consumers with several options for avoiding most unwanted telephone solicitations. The national do-not-call registry supplements the company-specific do-not-call rules for those consumers who wish to continue requesting that particular companies not call them. Any company that is asked by a consumer, including an existing customer, not to call again must honor that request for five (5) years. A provision of the Commission's rules, however, allows consumers to give specific companies permission to call them through an express written agreement. Nonprofit organizations, companies with whom consumers have an established business relationship, and calls to persons with whom the telemarketer has a personal relationship are exempt from the ``do-not-call'' registry requirements. On September 21, 2004, the Commission released the Safe Harbor Order establishing a limited safe harbor in which persons will not be liable for placing autodialed and prerecorded message calls to numbers ported from a wireline service within the previous 15 days. The Commission also amended its existing National Do-Not-Call Registry safe harbor to require telemarketers to scrub their lists against the Registry every 31 days. On December 4, 2007, the Commission released the DNC NPRM seeking comment on its tentative conclusion that registrations with the Registry should be honored indefinitely, unless a number is disconnected or reassigned or the consumer cancels his registration. On June 17, 2008, in accordance with the Do-Not-Call Improvement Act of 2007, the Commission revised its rules to minimize the inconvenience to consumers of having to re-register their preferences not to receive telemarketing calls and to further the underlying goal of the National Do-Not-Call Registry to protect consumer privacy rights. The Commission released a Report and Order in CG Docket No. 02- 278, FCC 08-147, amending the Commission's rules under the Telephone Consumer Protection Act (TCPA) to require sellers and/or telemarketers to honor registrations with the National Do-Not-Call Registry so that registrations will not automatically expire based on the current five year registration period. [[Page 39114]] Specifically, the Commission modified section 64.1200(c)(2) of its rules to require sellers and/or telemarketers to honor numbers registered on the Registry indefinitely or until the number is removed by the database administrator or the registration is cancelled by the consumer. On February 15, 2012, the Commission released a Report and Order in CG Docket No. 02-278, FCC 12-21, revising its rules to: (1) Require prior express written consent for all autodialed or prerecorded telemarketing calls to wireless numbers and for all prerecorded telemarketing calls to residential lines; (2) eliminate the established business relationship exception to the consent requirement for prerecorded telemarketing calls to residential lines; (3) require telemarketers to include an automated, interactive opt-out mechanism in all prerecorded telemarketing calls, to allow consumers more easily to opt out of future robocalls during a robocall itself; and (4) require telemarketers to comply with the 3% limit on abandoned calls during each calling campaign, in order to discourage intrusive calling campaigns. Finally, the Commission also exempted from the Telephone Consumer Protection Act requirements prerecorded calls to residential lines made by health care-related entities governed by the Health Insurance Portability and Accountability Act of 1996. OMB Control Number: 3060-1162. Title: Closed Captioning of Video Programming Delivered Using Internet Protocol, and Apparatus Closed Caption Requirements. Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Individuals or households; Business or other for- profit entities; Not-for-profit institutions. Number of Respondents and Responses: 1,322 respondents; 3,666 responses. Estimated Time per Response: 0.084 to 10 hours. Frequency of Response: One time and on occasion reporting requirements; Recordkeeping requirement; Third-party disclosure requirement. Obligation to Respond: Mandatory and required to obtain or retain benefits. The statutory authority for this information collection is contained in the Twenty-First Century Communications and Video Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751, and Sections 4(i), 4(j), 303, 330(b), 713, and 716 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303, 330(b), 613, and 617. Total Annual Burden: 10,062 hours. Total Annual Cost: $95,700. Privacy Act Impact Assessment: Yes. As required by OMB Memorandum M-03-22 (September 26, 2003), the FCC completed a Privacy Impact Assessment (PIA) on June 28, 2007, that gives a full and complete explanation of how the FCC collects, stores, maintains, safeguards, and destroys the PII covered by these information collection requirements. The PIA may be reviewed at: http://www.fcc.gov/omd/privacyact/Privacy5FImpact5FAssessment.html. Nature and Extent of Confidentiality: Some assurances of confidentiality are being provided to the respondents. Parties filing petitions for exemption based on economic burden, requests for Commission determinations of technical feasibility and achievability, requests for purpose-based waivers, or responses to complaints alleging violations of the Commission's rules may seek confidential treatment of information they provide pursuant to the Commission's existing confidentiality rules. The Commission is not requesting that individuals who file complaints alleging violations of our rules (complainants) submit confidential information (e.g., credit card numbers, social security numbers, or personal financial information) to us. We request that complainants submit their names, addresses, and other contact information, which enables us to process complaints. Any use of this information is covered under the routine uses listed in the Commission's SORN, FCC/CGB-1, ``Informal Complaints, Inquiries, and Requests for Dispute Assistance.'' The PIA that the FCC completed on June 28, 2007 gives a full and complete explanation of how the FCC collects, stores, maintains, safeguards, and destroys PII, as required by OMB regulations and the Privacy Act, 5 U.S.C. 552a. The PIA may be viewed at: http://www.fcc.gov/omd/privacyact/Privacy5FImpact5FAssessment.html. The Commission will update the PIA to cover the PII collected related to this information collection to incorporate various revisions to it as a result of revisions to the SORN and as required by OMB's Memorandum M-03-22 (September 26, 2003) and by the Privacy Act, 5 U.S.C. 552a. Needs and Uses: The Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) directed the Commission to revise its regulations to mandate closed captioning on IP-delivered video programming that was published or exhibited on television with captions after the effective date of the regulations. Accordingly, the Commission requires video programming owners (VPOs) to send program files to video programming distributors and providers (hereinafter VPDs) with required captions, and it requires VPDs to enable the rendering or pass through of all required captions to the end user. The CVAA also directed the Commission to revise its regulations to mandate that all apparatus designed to receive, play back, or record video programming be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming, except that apparatus that use a picture screen that is 13 inches or smaller and recording devices must comply only if doing so is achievable. These rules are codified at 47 CFR 79.4 and 79.100-79.104. The information collection requirements consist of: (a) Mechanism for information about video programming subject to the IP closed captioning requirements. Pursuant to 47 CFR 79.4(c)(1)(ii) and (c)(2)(ii) of the Commission's rules, VPOs and VPDs must agree upon a mechanism to make information available to VPDs about video programming that becomes subject to the requirements of 47 CFR 79.4 on an ongoing basis. VPDs must make a good faith effort to identify video programming that must be captioned when delivered using IP using the agreed upon mechanism. For example, VPOs and VPDs may agree on a mechanism whereby the VPOs provide captions or certifications that captions are not required, and update those certifications and provide captions when captions later become required. A VPD may rely in good faith on a certification by a VPO that the programming need not be captioned: (1) If the certification includes a clear and concise explanation of why captions are not required; and (2) if the VPD is able to produce the certification to the Commission in the event of a complaint. VPOs may provide certifications for specific programming or a more general certification, for example, for all programming covered by a particular contract. VPDs may seek Commission determinations that other proposed mechanisms provide adequate information for them to rely on in good faith by filing an informal request and providing sufficient information for the Commission to make such determinations. [[Page 39115]] (b) Contact information for the receipt and handling of written closed captioning complaints. Pursuant to 47 CFR 79.4(c)(2)(iii), VPDs must make their contact information available to end users for the receipt and handling of written IP closed captioning complaints. The required contact information includes the name of a person with primary responsibility for IP captioning issues and who can ensure compliance with these rules, as well as the person's title or office, telephone number, fax number, postal mailing address, and email address. VPDs must keep this information current and update it within 10 business days of any change. The Commission expects that such contact information will be prominently displayed in a way that it is accessible to all end users. A general notice on the VPD's Web site with such contact information, if provided, must be provided in a location that is conspicuous to viewers. (c) Petitions for exemption based on ``economic burden.'' Pursuant to 47 CFR 79.4(d), a VPO or VPD may petition the Commission for a full or partial exemption from the closed captioning requirements for IP-delivered video programming based upon a showing that they would be economically burdensome. Petitions for exemption must be supported with sufficient evidence to demonstrate economic burden (significant difficulty or expense). The Commission will consider four specific factors when determining economic burden and any other factors the petitioner deems relevant, along with any available alternatives that might constitute a reasonable substitute for the closed captioning requirements. Petitions and subsequent pleadings must be filed electronically. The Commission will place such petitions on public notice. Comments or oppositions to the petition may be filed electronically within 30 days after release of the public notice of the petition, and must include a certification that the petitioner was served with a copy. The petitioner may reply to any comments or oppositions filed within 20 days after the close of the period for filing comments or oppositions, and replies must include a certification that the commenting or opposing party was served with a copy. Upon a finding of good cause, the Commission may lengthen or shorten any comment period and waive or establish other procedural requirements. Petitions and responsive pleadings must include a detailed, full showing, supported by affidavit, of any facts or considerations relied on. (d) Complaints alleging violations of the closed captioning rules for IP-delivered video programming. Pursuant to 47 CFR 79.4(e), a written complaint alleging a violation of the closed captioning rules for IP-delivered video programming may be filed with the Commission or with the VPD responsible for enabling the rendering or pass through of the closed captions for the video programming. Complaints must be filed within 60 days after the date the complainant experienced a problem with captioning. Such complaints should (but are not required to) include certain information. If a complaint is filed first with the VPD, the VPD must respond in writing to the complainant within 30 days after receipt of a closed captioning compliant. If a VPD fails to respond timely, or the response does not satisfy the consumer, the complainant may re-file the complaint with the Commission within 30 days after the time allotted for the VPD to respond. If a consumer re-files the complaint with the Commission (after filing with the VPD) and the complaint satisfies the requirements, the Commission will forward the complaint to the named VPD, and to any other VPD and/or VPO that Commission staff determines may be involved, who then must respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. If a complaint is filed first with the Commission and the complaint satisfies the requirements, the Commission will forward the complaint to the named VPD and/or VPO, and to any other VPD and/or VPO that Commission staff determine may be involved, who must respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. In response to a complaint, a VPD and/or VPO must provide the Commission with sufficient records and documentation. The Commission will review all relevant information provided by the complainant and the subject VPDs and/or VPOs, as well as any additional information the Commission deems relevant from its files or public sources. The Commission may request additional information from any relevant entities when, in the estimation of Commission staff, such information is needed to investigate the complaint or adjudicate potential violation(s) of Commission rules. When the Commission requests additional information, parties to which such requests are addressed must provide the requested information in the manner and within the time period the Commission specifies. (e) Requests for Commission determination of technical feasibility of apparatus closed caption requirements. Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital apparatus designed to receive or play back video programming that uses a picture screen of any size must be equipped with built-in closed caption decoder circuitry or capability designed to display closed- captioned video programming, if technically feasible. If new apparatus or classes of apparatus for viewing video programming emerge on which it would not be technically feasible to include closed captioning, parties may raise that argument as a defense to a complaint or, alternatively, file a request under 47 CFR 1.41 for a Commission determination of technical feasibility before manufacturing or importing the product. (f) Requests for Commission determination of achievability of apparatus closed caption requirements. Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital apparatus designed to receive or play back video programming that use a picture screen less than 13 inches in size must be equipped with built- in closed caption decoder circuitry or capability designed to display closed-captioned video programming, only if doing so is achievable. In addition, pursuant to 47 CFR 79.104(a), as of January 1, 2014, all apparatus designed to record video programming must enable the rendering or the pass through of closed captions such that viewers are able to activate and de-activate the closed captions as the video programming is played back, only if doing so is achievable. Manufacturers of such apparatus may petition the Commission, pursuant to 47 CFR 1.41, for a full or partial exemption from the closed captioning requirements before manufacturing or importing the apparatus or may assert as a response to a complaint that these requirements, in full or in part, are not achievable. Pursuant to 47 CFR 79.103(b)(3), such a petition or response must be supported with sufficient evidence to demonstrate that compliance is not achievable (meaning with reasonable effort or expense) and the Commission will consider four specific factors when making such determinations. In evaluating evidence offered to prove that compliance was not achievable, the Commission will be informed by the analysis in the ACS Order. (g) Petitions for purpose-based waivers of apparatus closed caption requirements. [[Page 39116]] Manufacturers seeking certainty prior to the sale of a device may petition the Commission, pursuant to 47 CFR 79.104(b)(4), for a full or partial waiver of the closed captioning requirements based on one of the following provisions: (i) The apparatus is primarily designed for activities other than receiving or playing back video programming transmitted simultaneously with sound; or (ii) The apparatus is designed for multiple purposes, capable of receiving or playing back video programming transmitted simultaneously with sound but whose essential utility is derived from other purposes. (h) Complaints alleging violations of the apparatus closed caption requirements. Consumers may file written complaints alleging violations of the Commission's rules, 47 CFR 79.101-79.104, requiring apparatus designed to receive, play back, or record video programming to be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captions. A written complaint filed with the Commission must be transmitted to the Consumer and Governmental Affairs Bureau through the Commission's online informal complaint filing system, U.S. Mail, overnight delivery, or facsimile. Such complaints should include certain information about the complainant and the alleged violation. The Commission may forward such complaints to the named manufacturer or provider, as well as to any other entity that Commission staff determines may be involved, and may request additional information from any relevant parties when, in the estimation of Commission staff, such information is needed to investigate the complaint or adjudicate potential violations of Commission rules. OMB Control Number: 3060-1180. Title: Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions. Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other for-profit entities, state, local, or tribal government and not for profit institutions. Number of Respondents: 378 respondents; 378 responses. Estimated Time per Response: 0.5 to 2 hours. Frequency of Response: One-time and on occasion reporting requirements, twice within 12 years reporting requirement, 6, 10 and 12-years reporting requirements and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for these collections are contained in 47 U.S.C. 151, 154, 301, 303, 307, 308, 309, 310, 316, 319, 325(b), 332, 336(f), 338, 339, 340, 399b, 403, 534, 535, 1404, 1452, and 1454 of the Communications Act of 1934. Total Annual Burden: 581 hours. Total Annual Cost: No cost. Privacy Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: The FCC adopted the Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions Report and Order, FCC 14-50, on May 15, 2014, published at 79 FR 48442 (Aug. 15, 2014). The Commission seeks approval from the Office of Management and Budget (OMB) for some of the information collection requirements contained in FCC 14-50. The Commission will use the information to ensure compliance with required filings of notifications, certifications, license renewals, license cancelations, and license modifications. Also, such information will be used to minimize interference and to determine compliance with Commission's rules. The following is a description of the information collection requirements for which the Commission seeks OMB approval: Section 27.14(k) requires 600 MHz licensees to demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the applicable benchmark. Section 27.14(t)(6) requires 600 MHz licensees to make a renewal showing as a condition of each renewal. The showing must include a detailed description of the applicant's provision of service during the entire license period and address: (i) The level and quality of service provided by the applicant (including the population served, the area served, the number of subscribers, the services offered); (ii) the date service commenced, whether service was ever interrupted, and the duration of any interruption or outage; (iii) the extent to which service is provided to rural areas; (iv) the extent to which service is provided to qualifying tribal land as defined in 47 CFR 1.2110(f)(3)(i); and (v) any other factors associated with the level of service to the public. Section 27.17(c) requires 600 MHz licensees to notify the Commission within 10 days of discontinuance if they permanently discontinue service by filing FCC Form 601 or 605 and requesting license cancellation. Section 27.19(b) requires 600 MHz licensees with base and fixed stations in the 600 MHz downlink band within 25 kilometers of Very Long Baseline Array (VLBA) observatories to coordinate with the National Science Foundation (NSF) prior to commencing operations. Section 27.19(c) requires 600 MHz licensees that intend to operate base and fixed stations in the 600 MHz downlink band in locations near the Radio Astronomy Observatory site located in Green Bank, Pocahontas County, West Virginia, or near the Arecibo Observatory in Puerto Rico, to comply with the provisions in 47 CFR 1.924. Section 74.602(h)(5)(ii) requires 600 MHz licensees to notify the licensee of a studio-transmitter link (TV STL), TV relay station, or TV translator relay station of their intent to commence wireless operations and the likelihood of harmful interference from the TV STL, TV relay station, or TV translator relay station to those operations within the wireless licensee's licensed geographic service area. The notification is to be in the form of a letter, via certified mail, return receipt requested and must be sent not less than 30 days in advance of approximate date of commencement of operations. Section 74.602(h)(5)(iii) requires all TV STL, TV relay station and TV translator relay station licensees to modify or cancel their authorizations and vacate the 600 MHz band no later than the end of the post-auction transition period as defined in 47 CFR 27.4. These rules which contain information collection requirements are designed to provide for flexible use of this spectrum by allowing licensees to choose their type of service offerings, to encourage innovation and investment in mobile broadband use in this spectrum, and to provide a stable regulatory environment in which broadband deployment would be able to develop through the application of standard terrestrial wireless rules. Without this information, the Commission would not be able to carry out its statutory responsibilities. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. [FR Doc. 2015-16663 Filed 7-7-15; 8:45 am] BILLING CODE 6712-01-P
![39112 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices
Unless a franchising authority has Order, MB Docket No. 15–53; FCC 15– further reduce the information
actual knowledge to the contrary, it may 62. The Report and Order adopted a collection burden on small business
rely on the presumption in section rebuttable presumption that cable concerns with fewer than 25 employees.
76.906 that the cable system is not operators are subject to competing The FCC may not conduct or sponsor
subject to one of the other three types provider effective competition. a collection of information unless it
of effective competition. Reversing the previous rebuttable displays a currently valid OMB control
Evidence establishing lack of effective presumption of no effective competition number. No person shall be subject to
competition. If the evidence establishing and adopting the procedures discussed any penalty for failing to comply with
the lack of effective competition is not in the Report and Order will result in a collection of information subject to the
otherwise available, section 76.910(b)(4) changes to the information collection PRA that does not display a valid OMB
provides that franchising authorities burdens. control number.
may request from a multichannel video The information collection DATES: Written comments should be
programming distributor (‘‘MVPD’’) requirements consist of: Petitions for submitted on or before August 7, 2015.
information regarding the MVPD’s reach reconsideration of certification, If you anticipate that you will be
and number of subscribers. An MVPD oppositions and replies thereto, cable submitting comments, but find it
must respond to such request within 15 operator requests to competitors for difficult to do so within the period of
days. Such responses may be limited to information regarding the competitor’s time allowed by this notice, you should
numerical totals. reach and number of subscribers if advise the contacts below as soon as
Franchising authority’s obligations if evidence establishing effective possible.
certified. Section 76.910(e) of the competition is not otherwise available,
Commission’s rules currently provides ADDRESSES: Direct all PRA comments to
and the competitors supplying this Nicholas A. Fraser, OMB, via email
that, unless the Commission notifies the information.
franchising authority otherwise, the Nicholas_A._Fraser@omb.eop.gov; and
certification will become effective 30 Federal Communications Commission. to Cathy Williams, FCC, via email PRA@
days after the date filed, provided, Marlene H. Dortch, fcc.gov and to Cathy.Williams@fcc.gov.
however, that the franchising authority Secretary, Office of the Secretary. Include in the comments the OMB
may not regulate the rates of a cable [FR Doc. 2015–16662 Filed 7–7–15; 8:45 am] control number as shown in the
system unless it: (1) Adopts regulations SUPPLEMENTARY INFORMATION section
BILLING CODE 6712–01–P
(i) consistent with the Commission’s below.
regulations governing the basic tier and FOR FURTHER INFORMATION CONTACT: For
(ii) providing a reasonable opportunity FEDERAL COMMUNICATIONS additional information or copies of the
for consideration of the views of COMMISSION information collection, contact Cathy
interested parties, within 120 days of [OMB 3060–0214, 3060–0519, 3060–1162 Williams at (202) 418–2918. To view a
the effective date of the certification; and 3060–1180] copy of this information collection
and (2) notifies the cable operator that request (ICR) submitted to OMB: (1) Go
the franchising authority has been Information Collections Being to the Web page http://www.reginfo.gov/
certified and has adopted the required Submitted for Review and Approval to public/do/PRAMain, (2) look for the
regulations. the Office of Management and Budget section of the Web page called
OMB Control Number: 3060–0560. ‘‘Currently Under Review,’’ (3) click on
Title: Section 76.911, Petition for AGENCY: Federal Communications the downward-pointing arrow in the
Reconsideration of Certification. Commission. ‘‘Select Agency’’ box below the
Form No.: N/A. ACTION: Notice and request for ‘‘Currently Under Review’’ heading, (4)
Type of Review: Revision of a comments. select ‘‘Federal Communications
currently approved collection.
Respondents: State, local or tribal Commission’’ from the list of agencies
SUMMARY: As part of its continuing effort presented in the ‘‘Select Agency’’ box,
governments; Businesses or other for- to reduce paperwork burdens, and as
profit entities. (5) click the ‘‘Submit’’ button to the
required by the Paperwork Reduction right of the ‘‘Select Agency’’ box, (6)
Number of Respondents and Act (PRA) of 1995 (44 U.S.C. 3501–
Responses: 15 respondents; 25 when the list of FCC ICRs currently
3520), the Federal Communications under review appears, look for the OMB
responses. Commission (FCC or Commission)
Estimated Time per Response: 2–10 control number of this ICR and then
invites the general public and other click on the ICR Reference Number. A
hours. Federal agencies to take this
Frequency of Response: On occasion copy of the FCC submission to OMB
opportunity to comment on the will be displayed.
reporting requirement; Third party following information collections.
disclosure requirement. Comments are requested concerning: SUPPLEMENTARY INFORMATION:
Obligation To Respond: Required to OMB Control Number: 3060–0214.
Whether the proposed collection of Title: Sections 73.3526 and 73.3527,
obtain or retain benefits. The statutory
information is necessary for the proper Local Public Inspection Files; Sections
authority for this collection of
information is contained in sections 4(i) performance of the functions of the 76.1701 and 73.1943, Political Files.
and 623 of the Communications Act of Commission, including whether the Form Number: Not applicable.
1934, as amended. information shall have practical utility; Type of Review: Extension of a
Total Annual Burden: 130 hours. the accuracy of the Commission’s currently approved collection.
burden estimate; ways to enhance the
srobinson on DSK5SPTVN1PROD with NOTICES
Total Annual Cost: None. Respondents: Business or other for-
Privacy Act Impact Assessment: No quality, utility, and clarity of the profit entities; Not for-profit
impact(s). information collected; ways to minimize institutions; Individuals or households.
Nature and Extent of Confidentiality: the burden of the collection of Number of Respondents and
There is no need for confidentiality with information on the respondents, Responses: 24,558 respondents; 63,234
this collection of information. including the use of automated responses.
Needs and Uses: On June 3, 2015, the collection techniques or other forms of Estimated Time per Response: 1 hour
Commission released a Report and information technology; and ways to to 104 hours.
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![Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices 39113
Frequency of Response: On occasion ensure that equal access was afforded to implementing rules. If the information
reporting requirement; Recordkeeping other legally qualified candidates for collection was not conducted, the
requirement; Third party disclosure public office. Commission would be unable to track
requirement. OMB Control Number: 3060–0519. and enforce violations of section 227 of
Obligation To Respond: Required to Title: Rules and Regulations the Communications Act, the Do-Not-
obtain or retain benefits. The statutory Implementing the Telephone Consumer Call Act, or the Commission’s
authority for this collection of Protection Act (TCPA) of 1991, CG implementing rules. The Commission’s
information is contained in 47 U.S.C. Docket No. 02–278. implementing rules provide consumers
151, 152, 154(i), 303, 307 and 308. Form Number: N/A. with several options for avoiding most
Total Annual Burden: 2,375,336 Type of Review: Revision of a unwanted telephone solicitations.
hours. currently approved collection. The national do-not-call registry
Total Annual Costs: $882,236. Respondents: Business or other for- supplements the company-specific do-
Privacy Act Impact Assessment: The profit entities; Individuals or not-call rules for those consumers who
FCC is preparing a PIA. households; Not-for-profit institutions. wish to continue requesting that
Nature and Extent of Confidentiality: Number of Respondents and particular companies not call them. Any
The personally identifiable information Responses: 34,948 respondents; company that is asked by a consumer,
(PII) in this information collection is in 147,368,997 responses. including an existing customer, not to
part covered by the system of records Estimated Time per Response: .004 call again must honor that request for
notice (SORN), FCC/MB–1, ‘‘Ownership hours (15 seconds) to 1 hour. five (5) years.
of Commercial Broadcast Stations,’’ 74 Frequency of Response: A provision of the Commission’s
FR 59978 (2009). The Commission is Recordkeeping requirement; Annual, on rules, however, allows consumers to
currently drafting a Privacy Impact occasion and one-time reporting give specific companies permission to
Assessment (PIA) for the records requirements; Third party disclosure call them through an express written
covered by this SORN. requirement. agreement. Nonprofit organizations,
The FCC also prepared a system of Obligation To Respond: Required to companies with whom consumers have
records, FCC/MB–2, ‘‘Broadcast Station obtain or retain benefits. The statutory an established business relationship,
Public Inspection Files,’’ to cover the authority for the information collection and calls to persons with whom the
personally identifiable information (PII) requirements is found in the Telephone telemarketer has a personal relationship
that may be included in the broadcast Consumer Protection Act of 1991 are exempt from the ‘‘do-not-call’’
station public inspection files. (TCPA), Public Law 102–243, December registry requirements.
Respondents may request materials or 20, 1991, 105 Stat. 2394, which added On September 21, 2004, the
information submitted to the section 227 of the Communications Act Commission released the Safe Harbor
Commission be withheld from public of 1934, [47 U.S.C. 227] Restrictions on Order establishing a limited safe harbor
inspection under 47 CFR 0.459 of the the Use of Telephone Equipment. in which persons will not be liable for
Commission’s rules. Total Annual Burden: 666,138 hours. placing autodialed and prerecorded
Needs and Uses: The public and FCC Total Annual Cost: $2,745,000. message calls to numbers ported from a
use the information in the public file to Nature and Extent of Confidentiality: wireline service within the previous 15
evaluate information about the Confidentiality is an issue to the extent days. The Commission also amended its
broadcast licensee’s performance, to that individuals and households existing National Do-Not-Call Registry
ensure that broadcast stations are provide personally identifiable safe harbor to require telemarketers to
addressing issues concerning the information, which is covered under the scrub their lists against the Registry
community which it is licensed to serve FCC’s system of records notice (SORN), every 31 days.
and to ensure that stations entering into FCC/CGB–1, ‘‘Informal Complaints and On December 4, 2007, the
time brokerage agreements comply with Inquiries.’’ As required by the Privacy Commission released the DNC NPRM
Commission policies pertaining to Act, 5 U.S.C. 552a, the Commission also seeking comment on its tentative
licensee control and to the published a SORN, FCC/CGB–1 conclusion that registrations with the
Communications Act and the antitrust ‘‘Informal Complaints, Inquiries, and Registry should be honored indefinitely,
laws. Placing joint sales agreements in Requests for Dispute Assistance’’, in the unless a number is disconnected or
the public inspection file facilitates Federal Register on August 15, 2014 (79 reassigned or the consumer cancels his
monitoring by the public, competitors FR 48152) which became effective on registration.
and regulatory agencies. Television September 24, 2014. A system of records On June 17, 2008, in accordance with
broadcasters are required to send each for the do-not-call registry was created the Do-Not-Call Improvement Act of
cable operator in the station’s market a by the Federal Trade Commission (FTC) 2007, the Commission revised its rules
copy of the election statement under the Privacy Act. The FTC to minimize the inconvenience to
applicable to that particular cable originally published a notice in the consumers of having to re-register their
operator. Placing these retransmission Federal Register describing the system. preferences not to receive telemarketing
consent/must-carry elections in the See 68 FR 37494, June 24, 2003. The calls and to further the underlying goal
public file provide public access to FTC updated its system of records for of the National Do-Not-Call Registry to
documentation of station’s elections the do-not-call registry in 2009. See 74 protect consumer privacy rights. The
which are used by cable operators in FR 17863, April 17, 2009. Commission released a Report and
negotiations with television stations and Privacy Impact Assessment: Yes. Order in CG Docket No. 02–278, FCC
by the public to ascertain why some Needs and Uses: The reporting 08–147, amending the Commission’s
srobinson on DSK5SPTVN1PROD with NOTICES
stations are/are not carried by the cable requirements included under this OMB rules under the Telephone Consumer
systems. Control Number 3060–0519 enable the Protection Act (TCPA) to require sellers
Maintenance of political files by Commission to gather information and/or telemarketers to honor
broadcast stations and by cable regarding violations of section 227 of registrations with the National Do-Not-
television systems enables the public to the Communications Act, the Do-Not- Call Registry so that registrations will
assess money expended and time Call Implementation Act (Do-Not-Call not automatically expire based on the
allotted to a political candidate and to Act), and the Commission’s current five year registration period.
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![39116 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices
Manufacturers seeking certainty prior reporting requirements and third party within 10 days of discontinuance if they
to the sale of a device may petition the disclosure requirement. permanently discontinue service by
Commission, pursuant to 47 CFR Obligation to Respond: Required to filing FCC Form 601 or 605 and
79.104(b)(4), for a full or partial waiver obtain or retain benefits. Statutory requesting license cancellation.
of the closed captioning requirements authority for these collections are
Section 27.19(b) requires 600 MHz
based on one of the following contained in 47 U.S.C. 151, 154, 301,
licensees with base and fixed stations in
provisions: 303, 307, 308, 309, 310, 316, 319,
the 600 MHz downlink band within 25
(i) The apparatus is primarily 325(b), 332, 336(f), 338, 339, 340, 399b,
403, 534, 535, 1404, 1452, and 1454 of kilometers of Very Long Baseline Array
designed for activities other than
the Communications Act of 1934. (VLBA) observatories to coordinate with
receiving or playing back video
Total Annual Burden: 581 hours. the National Science Foundation (NSF)
programming transmitted
simultaneously with sound; or Total Annual Cost: No cost. prior to commencing operations.
(ii) The apparatus is designed for Privacy Impact Assessment: No Section 27.19(c) requires 600 MHz
multiple purposes, capable of receiving impact(s). licensees that intend to operate base and
or playing back video programming Nature and Extent of Confidentiality: fixed stations in the 600 MHz downlink
transmitted simultaneously with sound There is no need for confidentiality with band in locations near the Radio
but whose essential utility is derived this collection of information. Astronomy Observatory site located in
Needs and Uses: The FCC adopted the
from other purposes. Green Bank, Pocahontas County, West
Expanding the Economic and
(h) Complaints alleging violations of Virginia, or near the Arecibo
Innovation Opportunities of Spectrum
the apparatus closed caption Observatory in Puerto Rico, to comply
Through Incentive Auctions Report and
requirements. with the provisions in 47 CFR 1.924.
Order, FCC 14–50, on May 15, 2014,
Consumers may file written published at 79 FR 48442 (Aug. 15, Section 74.602(h)(5)(ii) requires 600
complaints alleging violations of the 2014). The Commission seeks approval MHz licensees to notify the licensee of
Commission’s rules, 47 CFR 79.101– from the Office of Management and a studio-transmitter link (TV STL), TV
79.104, requiring apparatus designed to Budget (OMB) for some of the relay station, or TV translator relay
receive, play back, or record video information collection requirements station of their intent to commence
programming to be equipped with built- contained in FCC 14–50. The wireless operations and the likelihood
in closed caption decoder circuitry or Commission will use the information to of harmful interference from the TV
capability designed to display closed- ensure compliance with required filings
captions. A written complaint filed with STL, TV relay station, or TV translator
of notifications, certifications, license relay station to those operations within
the Commission must be transmitted to renewals, license cancelations, and
the Consumer and Governmental Affairs the wireless licensee’s licensed
license modifications. Also, such geographic service area. The notification
Bureau through the Commission’s information will be used to minimize
online informal complaint filing system, is to be in the form of a letter, via
interference and to determine certified mail, return receipt requested
U.S. Mail, overnight delivery, or compliance with Commission’s rules.
facsimile. Such complaints should and must be sent not less than 30 days
The following is a description of the in advance of approximate date of
include certain information about the information collection requirements for
complainant and the alleged violation. commencement of operations.
which the Commission seeks OMB
The Commission may forward such approval: Section 74.602(h)(5)(iii) requires all
complaints to the named manufacturer Section 27.14(k) requires 600 MHz TV STL, TV relay station and TV
or provider, as well as to any other licensees to demonstrate compliance translator relay station licensees to
entity that Commission staff determines with performance requirements by filing modify or cancel their authorizations
may be involved, and may request a construction notification with the and vacate the 600 MHz band no later
additional information from any Commission, within 15 days of the than the end of the post-auction
relevant parties when, in the estimation applicable benchmark. transition period as defined in 47 CFR
of Commission staff, such information is Section 27.14(t)(6) requires 600 MHz 27.4.
needed to investigate the complaint or licensees to make a renewal showing as
adjudicate potential violations of These rules which contain
a condition of each renewal. The
Commission rules. information collection requirements are
showing must include a detailed
OMB Control Number: 3060–1180. designed to provide for flexible use of
description of the applicant’s provision
Title: Expanding the Economic and of service during the entire license this spectrum by allowing licensees to
Innovation Opportunities of Spectrum period and address: (i) The level and choose their type of service offerings, to
Through Incentive Auctions. quality of service provided by the encourage innovation and investment in
Form Number: N/A. applicant (including the population mobile broadband use in this spectrum,
Type of Review: Revision of a served, the area served, the number of and to provide a stable regulatory
currently approved collection. subscribers, the services offered); (ii) the environment in which broadband
Respondents: Business or other for- date service commenced, whether deployment would be able to develop
profit entities, state, local, or tribal service was ever interrupted, and the through the application of standard
government and not for profit duration of any interruption or outage; terrestrial wireless rules. Without this
institutions. (iii) the extent to which service is information, the Commission would not
Number of Respondents: 378 provided to rural areas; (iv) the extent be able to carry out its statutory
srobinson on DSK5SPTVN1PROD with NOTICES
respondents; 378 responses. to which service is provided to responsibilities.
Estimated Time per Response: 0.5 to qualifying tribal land as defined in 47 Federal Communications Commission.
2 hours. CFR 1.2110(f)(3)(i); and (v) any other
Marlene H. Dortch,
Frequency of Response: One-time and factors associated with the level of
on occasion reporting requirements, service to the public. Secretary, Office of the Secretary.
twice within 12 years reporting Section 27.17(c) requires 600 MHz [FR Doc. 2015–16663 Filed 7–7–15; 8:45 am]
requirement, 6, 10 and 12-years licensees to notify the Commission BILLING CODE 6712–01–P
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Document Created: 2018-02-23 09:12:38
Document Modified: 2018-02-23 09:12:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | Written comments should be submitted on or before August 7, 2015. 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 contacts below as soon as possible. | |
| Contact | For additional information or copies of the information collection, contact Cathy Williams at (202) 418- 2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/ do/PRAMain, (2) look for the section of the Web page called ``Currently Under Review,'' (3) click on the downward-pointing arrow in the ``Select Agency'' box below the ``Currently Under Review'' heading, (4) select ``Federal Communications Commission'' from the list of agencies presented in the ``Select Agency'' box, (5) click the ``Submit'' button to the right of the ``Select Agency'' box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. | |
| FR Citation | 80 FR 39112 |
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