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)

Page Range		54252-54253
FR Document		2015-22616

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 Issue 174 (Wednesday, September 9, 2015)

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 6712-01-P

54252 Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations

described under Title II of the Unfunded General of the United States prior to PART 180—[AMENDED]
Mandates Reform Act (UMRA) (2 U.S.C. publication of the rule in the Federal
1501 et seq.). Register. This action is not a ‘‘major ■ 1. The authority citation for part 180
This action does not involve any rule’’ as defined by 5 U.S.C. 804(2). continues to read as follows:
technical standards that would require
Agency consideration of voluntary List of Subjects in 40 CFR Part 180 Authority: 21 U.S.C. 321(q), 346a and 371.
consensus standards pursuant to section Environmental protection, ■ 2. In § 180.910, add alphabetically the
12(d) of the National Technology Administrative practice and procedure, following inert ingredient to the table to
Transfer and Advancement Act Agricultural commodities, Pesticides read as follows:
(NTTAA) (15 U.S.C. 272 note). and pests, Reporting and recordkeeping
requirements. § 180.910 Inert ingredients used pre- and
VIII. Congressional Review Act
Dated: August 17, 2015. post-harvest; exemptions from the
Pursuant to the Congressional Review requirement of a tolerance.
Act (5 U.S.C. 801 et seq.), EPA will Susan Lewis,
Director, Registration Division, Office of * * * * *
submit a report containing this rule and
other required information to the U.S. Pesticide Programs.
Senate, the U.S. House of Therefore, 40 CFR chapter I is
Representatives, and the Comptroller amended as follows:

Inert ingredients Limits Uses

* * * * * * *
Propylene glycol monomethyl ether (CAS No. 107–98–2) .............................................. none ............................................................ solvent.

* * * * * * *

[FR Doc. 2015–22030 Filed 9–8–15; 8:45 am] SUPPLEMENTARY INFORMATION: This under OMB control numbers 3060–0550
BILLING CODE 6560–50–P document announces that, on August and 3060–0560, and FCC Form 328.
25, 2015, OMB approved the Under 5 CFR part 1320, an agency
information collection requirements may not conduct or sponsor a collection
FEDERAL COMMUNICATIONS contained in the Commission’s Report of information unless it displays a
COMMISSION and Order, FCC 15–62, published at 80 current, valid OMB Control Number. No
FR 38001, July 2, 2015. The OMB person shall be subject to any penalty
47 CFR Part 76 Control Numbers 3060–0550 and 3060– for failing to comply with a collection
0560. The Commission publishes this of information subject to the Paperwork
[MB Docket No. 15–53; FCC 15–62]
document as an announcement of the Reduction Act that does not display a
Concerning Effective Competition; effective date of the requirements. If you current, valid OMB Control Number.
Implementation of Section 111 of the have any comments on the burden The OMB Control Numbers are 3060–
STELA Reauthorization Act estimates listed below, or how the 0550 and 3060–0560.
Commission can improve the The foregoing notice is required by
AGENCY: Federal Communications the Paperwork Reduction Act of 1995,
collections and reduce any burdens
Commission. Public Law 104–13, October 1, 1995,
caused thereby, please contact Cathy
ACTION: Final rule; announcement of Williams, Federal Communications and 44 U.S.C. 3507.
effective date. Commission, Room 1–C823, 445 12th The total annual reporting burdens
Street SW., Washington, DC 20554. and costs for the respondents are as
SUMMARY: In this document, the Federal follows:
Communications Commission Please include the OMB Control
(Commission) announces that the Office Numbers, 3060–0550 and 3060–0560 in OMB Control Number: 3060–0550.
of Management and Budget (OMB) has your correspondence. The Commission OMB Approval Date: August 25, 2015.
approved, for a period of three years, the will also accept your comments via OMB Expiration Date: August 31,
information collection requirements email at PRA@fcc.gov. 2018.
associated with the Commission’s Title: Local Franchising Authority
To request materials in accessible
Report and Order, MB Docket No. 15– Certification, FCC Form 328; Section
formats for people with disabilities
53, FCC 15–62. This document is 76.910, Franchising Authority
(Braille, large print, electronic files,
consistent with the Report and Order, Certification.
audio format), send an email to fcc504@
which stated that the Commission Form No.: FCC Form 328.
fcc.gov or call the Consumer and
would publish a document in the Respondents: State, local or tribal
Governmental Affairs Bureau at (202) governments; Businesses or other for-
Federal Register announcing OMB 418–0530 (voice), (202) 418–0432
approval and the effective date of the profit entities.
(TTY). Number of Respondents and
requirements.
Synopsis Responses: 7 respondents; 13 responses.
DATES: The rule amendments and FCC Estimated Time per Response: 2
Lhorne on DSK5TPTVN1PROD with RULES

Form 328, published at 80 FR 38001, As required by the Paperwork hours.
July 2, 2015 are effective on September Reduction Act of 1995 (44 U.S.C. 3507), Frequency of Response: One-time
9, 2015. the FCC is notifying the public that it reporting requirement; Third party
FOR FURTHER INFORMATION CONTACT: received OMB approval on August 25, disclosure requirement.
Cathy Williams, Cathy.Williams@ 2015, 2015, for the information Obligation to Respond: Required to
fcc.gov, (202) 418–2918. collection requirements contained obtain or retain benefits. The statutory

VerDate Sep<11>2014 14:17 Sep 08, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1

Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations 54253

authority for this collection of days after the date filed, provided, Federal Communications Commission.
information is contained in section 3 of however, that the franchising authority Gloria J. Miles,
the Cable Television Consumer may not regulate the rates of a cable Federal Register Liaison Officer, Office of the
Protection and Competition Act of 1992 system unless it: (1) Adopts regulations Secretary.
(47 U.S.C. 543), as well as sections 4(i), (i) consistent with the Commission’s [FR Doc. 2015–22616 Filed 9–8–15; 8:45 am]
4(j), and 623 of the Communications Act regulations governing the basic tier and BILLING CODE 6712–01–P
of 1934, as amended, and section 111 of (ii) providing a reasonable opportunity
the STELA Reauthorization Act of 2014. for consideration of the views of
Total Annual Burden: 26 hours. interested parties, within 120 days of
Total Annual Cost: None. DEPARTMENT OF COMMERCE
the effective date of the certification;
Privacy Act Impact Assessment: No and (2) notifies the cable operator that National Oceanic and Atmospheric
impact(s). the franchising authority has been
Nature and Extent of Confidentiality: Administration
certified and has adopted the required
There is no need for confidentiality with regulations.
this collection of information. 50 CFR Part 679
Needs and Uses: On June 3, 2015, the OMB Control Number: 3060–0560. [Docket No. 140918791–4999–02]
Commission released a Report and OMB Approval Date: August 25, 2015.
Order, MB Docket No. 15–53; FCC 15– OMB Expiration Date: August 31, RIN 0648–XE169
62. The Report and Order adopted a 2018.
rebuttable presumption that cable Title: Section 76.911, Petition for Fisheries of the Exclusive Economic
operators are subject to competing Reconsideration of Certification. Zone Off Alaska; Dusky Rockfish in the
Form No.: N/A. Western Regulatory Area of the Gulf of
provider effective competition. Respondents: State, local or tribal
The information collection Alaska
governments; Businesses or other for-
requirements consist of: AGENCY: National Marine Fisheries
FCC Form 328. Pursuant to section profit entities.
Number of Respondents and Service (NMFS), National Oceanic and
76.910, a franchising authority must be Atmospheric Administration (NOAA),
Responses: 15 respondents; 25
certified by the Commission to regulate Commerce.
responses.
the basic service tier and associated Estimated Time per Response: 2–10 ACTION: Temporary rule; closure.
equipment of a cable system within its hours.
jurisdiction. To obtain this certification, Frequency of Response: On occasion SUMMARY: NMFS is prohibiting directed
the franchising authority must prepare reporting requirement; Third party fishing for dusky rockfish in the
and submit FCC Form 328. The Report disclosure requirement. Western Regulatory Area of the Gulf of
and Order revises section 76.910 to Obligation To Respond: Required to Alaska (GOA). This action is necessary
require a franchising authority filing obtain or retain benefits. The statutory to prevent exceeding the 2015 total
Form 328 to submit specific evidence authority for this collection of allowable catch of dusky rockfish in the
demonstrating its rebuttal of the information is contained in sections 4(i) Western Regulatory Area of the GOA.
presumption in section 76.906 that the and 623 of the Communications Act of DATES: Effective 1200 hours, Alaska
cable system is subject to competing 1934, as amended. local time (A.l.t.), September 3, 2015,
provider effective competition pursuant Total Annual Burden: 130 hours. through 2400 hours, A.l.t., December 31,
to section 76.905(b)(2). The franchising Total Annual Cost: None. 2015.
authority bears the burden of submitting Privacy Act Impact Assessment: No
evidence rebutting the presumption that FOR FURTHER INFORMATION CONTACT:
impact(s).
competing provider effective Nature and Extent of Confidentiality: Obren Davis, 907–586–7228.
competition, as defined in section There is no need for confidentiality with SUPPLEMENTARY INFORMATION: NMFS
76.905(b)(2), exists in the franchise area. this collection of information. manages the groundfish fishery in the
Unless a franchising authority has Needs and Uses: On June 3, 2015, the GOA exclusive economic zone
actual knowledge to the contrary, it may Commission released a Report and according to the Fishery Management
rely on the presumption in section Order, MB Docket No. 15–53; FCC 15– Plan for Groundfish of the Gulf of
76.906 that the cable system is not 62. The Report and Order adopted a Alaska (FMP) prepared by the North
subject to one of the other three types rebuttable presumption that cable Pacific Fishery Management Council
of effective competition. operators are subject to competing under authority of the Magnuson-
Evidence establishing lack of effective provider effective competition. Stevens Fishery Conservation and
competition. If the evidence establishing Reversing the previous rebuttable Management Act. Regulations governing
the lack of effective competition is not presumption of no effective competition fishing by U.S. vessels in accordance
otherwise available, section 76.910(b)(4) and adopting the procedures discussed with the FMP appear at subpart H of 50
provides that franchising authorities in the Report and Order will result in CFR part 600 and 50 CFR part 679.
may request from a multichannel video changes to the information collection The 2015 total allowable catch (TAC)
programming distributor (‘‘MVPD’’) burdens. of dusky rockfish in the Western
information regarding the MVPD’s reach The information collection Regulatory Area of the GOA is 296
and number of subscribers. An MVPD requirements consist of: Petitions for metric tons (mt) as established by the
must respond to such request within 15 reconsideration of certification, final 2015 and 2016 harvest
days. Such responses may be limited to oppositions and replies thereto, cable specifications for groundfish of the Gulf
numerical totals. operator requests to competitors for of Alaska (80 FR 10250, February 25,
Lhorne on DSK5TPTVN1PROD with RULES

Franchising authority’s obligations if information regarding the competitor’s 2015).
certified. Section 76.910(e) of the reach and number of subscribers if In accordance with § 679.20(d)(1)(i),
Commission’s rules currently provides evidence establishing effective the Administrator, Alaska Region,
that, unless the Commission notifies the competition is not otherwise available, NMFS (Regional Administrator), has
franchising authority otherwise, the and the competitors supplying this determined that the 2015 TAC of dusky
certification will become effective 30 information. rockfish in the Western Regulatory Area

VerDate Sep<11>2014 14:17 Sep 08, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1

Document Created: 2015-12-15 09:53:23
Document Modified: 2015-12-15 09:53:23

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		Rules and Regulations
Action		Final rule; announcement of effective date.
Dates		The rule amendments and FCC Form 328, published at 80 FR 38001, July 2, 2015 are effective on September 9, 2015.
Contact		Cathy Williams, [email protected], (202) 418-2918.
FR Citation		80 FR 54252