80 FR 54252 - Concerning Effective Competition; Implementation of Section 111 of the STELA Reauthorization Act

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 174 (September 9, 2015)

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with the Commission's Report and Order, MB Docket No. 15-53, FCC 15-62. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the requirements.

[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Rules and Regulations]
[Pages 54252-54253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22616]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MB Docket No. 15-53; FCC 15-62]


Concerning Effective Competition; Implementation of Section 111 
of the STELA Reauthorization Act

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, the information collection 
requirements associated with the Commission's Report and Order, MB 
Docket No. 15-53, FCC 15-62. This document is consistent with the 
Report and Order, which stated that the Commission would publish a 
document in the Federal Register announcing OMB approval and the 
effective date of the requirements.

DATES: The rule amendments and FCC Form 328, published at 80 FR 38001, 
July 2, 2015 are effective on September 9, 2015.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, 
[email protected], (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on August 25, 
2015, OMB approved the information collection requirements contained in 
the Commission's Report and Order, FCC 15-62, published at 80 FR 38001, 
July 2, 2015. The OMB Control Numbers 3060-0550 and 3060-0560. The 
Commission publishes this document as an announcement of the effective 
date of the requirements. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street SW., Washington, DC 20554. Please include the OMB Control 
Numbers, 3060-0550 and 3060-0560 in your correspondence. The Commission 
will also accept your comments via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
August 25, 2015, 2015, for the information collection requirements 
contained under OMB control numbers 3060-0550 and 3060-0560, and FCC 
Form 328.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
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 that does not display a current, valid OMB Control 
Number. The OMB Control Numbers are 3060-0550 and 3060-0560.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:

    OMB Control Number: 3060-0550.
    OMB Approval Date: August 25, 2015.
    OMB Expiration Date: August 31, 2018.
    Title: Local Franchising Authority Certification, FCC Form 328; 
Section 76.910, Franchising Authority Certification.
    Form No.: FCC Form 328.
    Respondents: State, local or tribal governments; Businesses or 
other for-profit entities.
    Number of Respondents and Responses: 7 respondents; 13 responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement; Third party 
disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory

[[Page 54253]]

authority for this collection of information is contained in section 3 
of the Cable Television Consumer Protection and Competition Act of 1992 
(47 U.S.C. 543), as well as sections 4(i), 4(j), and 623 of the 
Communications Act of 1934, as amended, and section 111 of the STELA 
Reauthorization Act of 2014.
    Total Annual Burden: 26 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On June 3, 2015, the Commission released a Report 
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted 
a rebuttable presumption that cable operators are subject to competing 
provider effective competition.
    The information collection requirements consist of:
    FCC Form 328. Pursuant to section 76.910, a franchising authority 
must be certified by the Commission to regulate the basic service tier 
and associated equipment of a cable system within its jurisdiction. To 
obtain this certification, the franchising authority must prepare and 
submit FCC Form 328. The Report and Order revises section 76.910 to 
require a franchising authority filing Form 328 to submit specific 
evidence demonstrating its rebuttal of the presumption in section 
76.906 that the cable system is subject to competing provider effective 
competition pursuant to section 76.905(b)(2). The franchising authority 
bears the burden of submitting evidence rebutting the presumption that 
competing provider effective competition, as defined in section 
76.905(b)(2), exists in the franchise area. Unless a franchising 
authority has actual knowledge to the contrary, it may rely on the 
presumption in section 76.906 that the cable system is not subject to 
one of the other three types of effective competition.
    Evidence establishing lack of effective competition. If the 
evidence establishing the lack of effective competition is not 
otherwise available, section 76.910(b)(4) provides that franchising 
authorities may request from a multichannel video programming 
distributor (``MVPD'') information regarding the MVPD's reach and 
number of subscribers. An MVPD must respond to such request within 15 
days. Such responses may be limited to numerical totals.
    Franchising authority's obligations if certified. Section 76.910(e) 
of the Commission's rules currently provides that, unless the 
Commission notifies the franchising authority otherwise, the 
certification will become effective 30 days after the date filed, 
provided, however, that the franchising authority may not regulate the 
rates of a cable system unless it: (1) Adopts regulations (i) 
consistent with the Commission's regulations governing the basic tier 
and (ii) providing a reasonable opportunity for consideration of the 
views of interested parties, within 120 days of the effective date of 
the certification; and (2) notifies the cable operator that the 
franchising authority has been certified and has adopted the required 
regulations.

    OMB Control Number: 3060-0560.
    OMB Approval Date: August 25, 2015.
    OMB Expiration Date: August 31, 2018.
    Title: Section 76.911, Petition for Reconsideration of 
Certification.
    Form No.: N/A.
    Respondents: State, local or tribal governments; Businesses or 
other for-profit entities.
    Number of Respondents and Responses: 15 respondents; 25 responses.
    Estimated Time per Response: 2-10 hours.
    Frequency of Response: On occasion reporting 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 
sections 4(i) and 623 of the Communications Act of 1934, as amended.
    Total Annual Burden: 130 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On June 3, 2015, the Commission released a Report 
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted 
a rebuttable presumption that cable operators are subject to competing 
provider effective competition. Reversing the previous rebuttable 
presumption of no effective competition and adopting the procedures 
discussed in the Report and Order will result in changes to the 
information collection burdens.
    The information collection requirements consist of: Petitions for 
reconsideration of certification, oppositions and replies thereto, 
cable operator requests to competitors for information regarding the 
competitor's reach and number of subscribers if evidence establishing 
effective competition is not otherwise available, and the competitors 
supplying this information.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2015-22616 Filed 9-8-15; 8:45 am]
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