80_FR_81792 80 FR 81542 - Information Collections Being Submitted for Review and Approval to the Office of Management and Budget

80 FR 81542 - Information Collections Being Submitted for Review and Approval to the Office of Management and Budget

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 250 (December 30, 2015)

Page Range81542-81545
FR Document2015-32900

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.

Federal Register, Volume 80 Issue 250 (Wednesday, December 30, 2015)
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Notices]
[Pages 81542-81545]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32900]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0546, 3060-0748, 3060-0980]


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 January 29, 
2016. 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 Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via 
email PRA@fcc.gov and to Cathy.Williams@fcc.gov. 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: 3060-0546.
    Title: Section 76.59 Definition of Markets for Purposes of the 
Cable Television Mandatory Television Broadcast Signal Carriage Rules.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business and other for-profit entities.

[[Page 81543]]

    Number of Respondents and Responses: 180 respondents and 200 
responses.
    Estimated Time per Response: 0.5 to 40 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement; Recordkeeping requirement.
    Total Annual Burden: 1,486 hours.
    Total Annual Costs: $1,387,950.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 151, 
154(i), 303(r), 338 and 534.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: On September 2, 2015, the Commission released a 
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting 
satellite television market modification rules to implement Section 102 
of the Satellite Television Extension and Localism Act (STELA) 
Reauthorization Act of 2014 (STELAR). The STELAR amended the 
Communications Act and the Copyright Act to give the Commission 
authority to modify a commercial television broadcast station's local 
television market--defined by The Nielsen Company's Designated Market 
Area (DMA) in which it is located--to include additional communities or 
exclude communities for purposes of better effectuating satellite 
carriage rights. The Commission previously had the authority to modify 
a station's market only in the cable carriage context. Market 
modification allows the Commission to modify the local television 
market of a particular commercial television broadcast station to 
enable commercial television stations, cable operators and satellite 
carriers to better serve the interests of local communities. Market 
modification provides a means to avoid rigid adherence to DMA 
designations and to promote consumer access to in-state and other 
relevant television programming. Section 338(l) of the Communications 
Act (the satellite market modification provision) and Section 
614(h)(1)(C) of the Communications Act (the corresponding cable 
provision) permit the Commission to add communities to or delete 
communities from a station's local television market following a 
written request. Furthermore, the Commission may determine that 
particular communities are part of more than one television market.
    Section 76.59(a) of the Commission's Rules authorizes the filing of 
market modification petitions and governs who may file such a petition. 
With respect to cable market modification petitions, a commercial TV 
broadcast station and cable system operator may file a market 
modification petition to modify the local television market of a 
particular commercial television broadcast station for purposes of 
cable carriage rights. With respect to satellite market modification 
petitions, a commercial TV broadcast stations, satellite carrier and 
county governmental entity (such as a county board, council, commission 
or other equivalent subdivision) may file a market modification 
petition to modify the local television market of a particular 
commercial television broadcast station for purposes of satellite 
carriage rights. Section 76.59(b) of the Commission's Rules requires 
that market modification petitions and responsive pleadings (e.g., 
oppositions, comments, reply comments) must be submitted in accordance 
with the procedures for filing Special Relief petitions in Section 76.7 
of the rules. Section 76.59(b) of the Commission's Rules requires 
petitioners (e.g., commercial TV broadcast stations, cable system 
operators, satellite carriers and county governments) to include the 
specific evidence in support of market modification petitions.
    Section 338(l)(3) of the Communications Act provides that ``[a] 
market determination . . . shall not create additional carriage 
obligations for a satellite carrier if it is not technically and 
economically feasible for such carrier to accomplish such carriage by 
means of its satellites in operation at the time of the 
determination.'' If a satellite carrier opposes a market modification 
petition because the resulting carriage would be technically or 
economically infeasible pursuant to Section 338(l)(3), the carrier must 
provide specific evidence in its opposition or response to a pre-filing 
coordination request (see below) to demonstrate its claim of 
infeasibility. If the satellite carrier is claiming infeasibility based 
on insufficient spot beam coverage, then the carrier may instead 
provide a detailed certification submitted under penalty of perjury. 
Although the Commission will not require satellite carriers to provide 
supporting documentation as part of their certification, the Commission 
may decide to look behind any certification and require supporting 
documentation when it deems it appropriate, such as when there is 
evidence that the certification may be inaccurate. In the event that 
the Commission requires supporting documentation, it will require a 
satellite carrier to provide its ``satellite link budget'' calculations 
that were created for the new community. Because the Commission may 
determine in a given case that supporting documentation should be 
provided to support a detailed certification, satellite carriers are 
required to retain such ``satellite link budget'' information in the 
event that the Commission determines further review by the Commission 
is necessary. Satellite carriers must retain such information 
throughout the pendency of Commission or judicial proceedings involving 
the certification and any related market modification petition. If 
satellite carriers have concerns about providing proprietary and 
confidential information underlying their analysis, they may request 
confidentiality.
    The Report and Order establishes a ``pre-filing coordination'' 
process that will allow a prospective petitioner for market 
modification (i.e., broadcaster or county government), at its option, 
to request/obtain a certification from a satellite carrier about 
whether or not (and to what extent) carriage resulting from a 
contemplated market modification is technically and economically 
feasible for such carrier before the prospective petitioner undertakes 
the time and expense of preparing and filing a satellite market 
modification petition. To initiate this process, a prospective 
petitioner may make a request in writing to a satellite carrier for the 
carrier to provide the certification about the feasibility or 
infeasibility of carriage. A satellite carrier must respond to this 
request within a reasonable amount of time by providing a feasibility 
certification to the prospective petitioner. A satellite carrier must 
also file a copy of the correspondence and feasibility certification it 
provides to the prospective petitioner in this docket electronically 
via ECFS so that the Media Bureau can track these certifications and 
monitor carrier response time. If the carrier is claiming spot beam 
coverage infeasibility, then the certification provided by the carrier 
must be the same type of detailed certification that would be required 
in response to a market modification petition. For any other claim of 
infeasibility, the carrier's feasibility certification must explain in 
detail the basis of such infeasibility and must be prepared to provide 
documentation in support of its claim, in the event the prospective 
petitioner decides to seek a Commission determination about the 
validity of the carrier's claim. If carriage is feasible, a statement 
to that effect

[[Page 81544]]

must be provided in the certification. To obtain a Commission 
determination about the validity of the carrier's claim of 
infeasibility, a prospective petitioner must either file a (separate) 
petition for special relief or its market modification petition.
    OMB Control Number: 3060-0980.
    Title: Implementation of the Satellite Home Viewer Improvement Act 
of 1999: Local Broadcast Signal Carriage Issues and Retransmission 
Consent Issues, 47 CFR Section 76.66.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 10,300 respondents; 11,978 
responses.
    Estimated Time per Response: 1 hour to 5 hours.
    Frequency of Response: Third party disclosure requirement; On 
occasion reporting requirement; Once every three years reporting 
requirement; Recordkeeping requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 325, 
338, 339 and 340.
    Total Annual Burden: 12,186 hours.
    Total Annual Cost: $24,000.
    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 September 2, 2015, the Commission released a 
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting 
satellite television market modification rules to implement Section 102 
of the Satellite Television Extension and Localism Act (STELA) 
Reauthorization Act of 2014 (STELAR). With respect to this collection, 
the Order amended Section 76.66 of the Commission's Rules by adding a 
new paragraph (d)(6) that addresses satellite carriage after a market 
modification is granted by the Commission.
    47 CFR Section 76.66(d)(6) addresses satellite carriage after a 
market modification is granted by the Commission. The rule states that 
television broadcast stations that become eligible for mandatory 
carriage with respect to a satellite carrier (pursuant to Sec.  76.66) 
due to a change in the market definition (by operation of a market 
modification pursuant to Sec.  76.59) may, within 30 days of the 
effective date of the new definition, elect retransmission consent or 
mandatory carriage with respect to such carrier. A satellite carrier 
shall commence carriage within 90 days of receiving the carriage 
election from the television broadcast station. The election must be 
made in accordance with the requirements of 47 CFR Section 76.66(d)(1).
    OMB Control Number: 3060-0748.
    Title: Section 64.104, 64.1509, 64.1510 Pay-Per-Call and Other 
Information Services.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 5,125 respondents; 5,175 
responses.
    Estimated Time per Response: 2 hours-260 hours.
    Frequency of Response: Annual and on occasion reporting and 
recordkeeping requirements; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority(s) for the information collection are found at 47 
U.S.C. 228(c)(7)-(10); Public Law 192-556, 106 stat. 4181 (1992), 
codified at 47 U.S.C. 228 (The Telephone Disclosure and Dispute 
Resolution Act of 1992).
    Total Annual Burden: 47,750 hours.
    Total Annual Cost: None.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information from 
individuals.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: 47 CFR 64.1504 of the Commission's rules 
incorporates the requirements of Sections 228(c)(7)-(10) of the 
Communications Act restricting the manner in which toll-free numbers 
may be used to charge telephone subscribers for information services. 
Common carriers may not charge a calling party for information conveyed 
on a toll-free number call, unless the calling party: (1) Has executed 
a written agreement that specifies the material terms and conditions 
under which the information is provided, or (2) pays for the 
information by means of a prepaid account, credit, debit, charge, or 
calling card and the information service provider gives the calling 
party an introductory message disclosing the cost and other terms and 
conditions for the service. The disclosure requirements are intended to 
ensure that consumers know when charges will be levied for calls to 
toll-free numbers and are able to obtain information necessary to make 
informed choices about whether to purchase toll-free information 
services. 47 CFR 64.1509 of the Commission rules incorporates the 
requirements of 47 U.S.C. (c)(2) and 228 (d)(2)-(3) of the 
Communications Act. Common carriers that assign telephone numbers to 
pay-per-call services must disclose to all interested parties, upon 
request, a list of all assigned pay-per-call numbers. For each assigned 
number, carriers must also make available: (1) A description of the 
pay-per-call services; (2) the total cost per minute or other fees 
associated with the service; and (3) the service provider's name, 
business address, and telephone number. In addition, carriers handling 
pay-per-call services must establish a toll-free number that consumers 
may call to receive information about pay-per-call services. Finally, 
the Commission requires carriers to provide statements of pay-per-call 
rights and responsibilities to new telephone subscribers at the time 
service is established and, although not required by statute, to all 
subscribers annually.
    Under 47 CFR 64.1510 of the Commission's rules, telephone bills 
containing charges for interstate pay-per-call and other information 
services must include information detailing consumers' rights and 
responsibilities with respect to these charges. Specifically, telephone 
bills carrying pay-per-call charges must include a consumer 
notification stating that: (1) The charges are for non-communication 
services; (2) local and long distance telephone services may not be 
disconnected for failure to pay per-call charges; (3) pay-per-call (900 
number) blocking is available upon request; and (4) access to pay-per-
call services may be involuntarily blocked for failure to pay per-call 
charges. In addition, each call billed must show the type of services, 
the amount of the charge, and the date, time, and duration of the call. 
Finally, the bill must display a toll-free number which subscribers may 
call to obtain information about pay-per-call services. Similar billing 
disclosure requirements apply to charges for information services 
either billed to subscribers on a collect basis or accessed by 
subscribers through a toll-free number. The billing disclosure 
requirements are intended to ensure that telephone subscribers billed 
for pay-per-call or other information services can understand the 
charges levied and are informed of their rights and responsibilities 
with respect to payment of such charges.


[[Page 81545]]


Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer. Office of Secretary.
[FR Doc. 2015-32900 Filed 12-29-15; 8:45 am]
BILLING CODE 6712-01-P



                                                  81542                    Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices

                                                  ADDRESSES:    Direct all PRA comments to                not be entitled to carriage because they              including the use of automated
                                                  Cathy Williams, FCC, via email PRA@                     either:                                               collection techniques or other forms of
                                                  fcc.gov and to Cathy.Williams@fcc.gov.                     (1) Fail to meet the standards for                 information technology; and ways to
                                                  FOR FURTHER INFORMATION CONTACT: For                    delivery of a good quality signal to the              further reduce the information
                                                  additional information about the                        cable system’s principal headend, or                  collection burden on small business
                                                  information collection, contact Cathy                      (2) May cause an increased copyright               concerns with fewer than 25 employees.
                                                  Williams at (202) 418–2918.                             liability to the cable system.                           The FCC may not conduct or sponsor
                                                  SUPPLEMENTARY INFORMATION:                                 47 CFR 76.1617(c) states within 60                 a collection of information unless it
                                                     OMB Control Number: 3060–0649.                       days of activation of a cable system, a               displays a currently valid OMB control
                                                     Title: Sections 76.1601, Deletion or                 cable operator must send by certified                 number. No person shall be subject to
                                                  Repositioning of Broadcast Signals;                     mail a copy of a list of all broadcast                any penalty for failing to comply with
                                                  Section 76.1617, Initial Must-Carry                     television stations carried by its system             a collection of information subject to the
                                                  Notice; 76.1607 and 76.1708 Principal                   and their channel positions to all local              PRA that does not display a valid OMB
                                                  Headend.                                                commercial and noncommercial                          control number.
                                                     Form Number: N/A.                                    television stations, including those not              DATES: Written comments should be
                                                     Type of Review: Extension of a                       designated as must-carry stations and                 submitted on or before January 29, 2016.
                                                  currently approved collection.                          those not carried on the system.                      If you anticipate that you will be
                                                     Respondents: Business or other for-                     47 CFR 76.1708(a) states that the                  submitting comments, but find it
                                                  profit entities; Not-for-profit                         operator of every cable television system             difficult to do so within the period of
                                                  institutions.                                           shall maintain for public inspection the              time allowed by this notice, you should
                                                     Number of Respondents and                            designation and location of its principal             advise the contacts below as soon as
                                                  Responses: 3,300 respondents and 4,100                  headend. If an operator changes the                   possible.
                                                  responses.                                              designation of its principal headend,
                                                     Estimated Hours per Response: 0.5 to                 that new designation must be included                 ADDRESSES:  Direct all PRA comments to
                                                  1 hour.                                                 in its public file.                                   Nicholas A. Fraser, OMB, via email
                                                     Frequency of Response: On occasion                                                                         Nicholas_A._Fraser@omb.eop.gov; and
                                                                                                          Federal Communications Commission.
                                                  reporting requirement; Third party                                                                            to Cathy Williams, FCC, via email PRA@
                                                                                                          Gloria J. Miles,                                      fcc.gov and to Cathy.Williams@fcc.gov.
                                                  disclosure requirement; Recordkeeping                   Federal Register Liaison Officer, The Office
                                                  requirement.                                                                                                  Include in the comments the OMB
                                                                                                          of the Secretary.                                     control number as shown in the
                                                     Total Annual Burden: 2,200 hours.                    [FR Doc. 2015–32901 Filed 12–29–15; 8:45 am]
                                                     Total Annual Costs: None.                                                                                  SUPPLEMENTARY INFORMATION section
                                                     Obligation to Respond: Required to
                                                                                                          BILLING CODE 6712–01–P                                below.
                                                  obtain or retain benefits. The statutory                                                                      FOR FURTHER INFORMATION CONTACT:       For
                                                  authority for this information collection               FEDERAL COMMUNICATIONS                                additional information or copies of the
                                                  is contained in Sections 4(i) and                       COMMISSION                                            information collection, contact Cathy
                                                  614(b)(9) of the Communications Act of                                                                        Williams at (202) 418–2918. To view a
                                                  1934, as amended.                                       [OMB 3060–0546, 3060–0748, 3060–0980]                 copy of this information collection
                                                     Nature and Extent of Confidentiality:                                                                      request (ICR) submitted to OMB: (1) Go
                                                  There is no need for confidentiality                    Information Collections Being
                                                                                                          Submitted for Review and Approval to                  to the Web page <http://
                                                  required with this collection of                                                                              www.reginfo.gov/public/do/PRAMain>,
                                                  information.                                            the Office of Management and Budget
                                                                                                                                                                (2) look for the section of the Web page
                                                     Privacy Impact Assessment: No                        AGENCY: Federal Communications                        called ‘‘Currently Under Review,’’ (3)
                                                  impact(s).                                              Commission.                                           click on the downward-pointing arrow
                                                     Needs and Uses: 47 CFR 76.1601                       ACTION: Notice and request for                        in the ‘‘Select Agency’’ box below the
                                                  requires that effective April 2, 1993, a                comments.                                             ‘‘Currently Under Review’’ heading, (4)
                                                  cable operator shall provide written                                                                          select ‘‘Federal Communications
                                                  notice to any broadcast television                      SUMMARY:   As part of its continuing effort           Commission’’ from the list of agencies
                                                  station at least 30 days prior to either                to reduce paperwork burdens, and as                   presented in the ‘‘Select Agency’’ box,
                                                  deleting from carriage or repositioning                 required by the Paperwork Reduction                   (5) click the ‘‘Submit’’ button to the
                                                  that station. Such notification shall also              Act (PRA) of 1995 (44 U.S.C. 3501–                    right of the ‘‘Select Agency’’ box, (6)
                                                  be provided to subscribers of the cable                 3520), the Federal Communications                     when the list of FCC ICRs currently
                                                  system.                                                 Commission (FCC or Commission)                        under review appears, look for the OMB
                                                     47 CFR 76.1607 states that cable                     invites the general public and other                  control number of this ICR and then
                                                  operators shall provide written notice                  Federal agencies to take this                         click on the ICR Reference Number. A
                                                  by certified mail to all stations carried               opportunity to comment on the                         copy of the FCC submission to OMB
                                                  on its system pursuant to the must-carry                following information collections.                    will be displayed.
                                                  rules at least 60 days prior to any                     Comments are requested concerning:
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  change in the designation of its                        Whether the proposed collection of
                                                  principal headend.                                      information is necessary for the proper                  OMB Control Number: 3060–0546.
                                                     47 CFR 76.1617(a) states within 60                   performance of the functions of the                      Title: Section 76.59 Definition of
                                                                                                                                                                Markets for Purposes of the Cable
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  days of activation of a cable system, a                 Commission, including whether the
                                                  cable operator must notify all qualified                information shall have practical utility;             Television Mandatory Television
                                                  NCE stations of its designated principal                the accuracy of the Commission’s                      Broadcast Signal Carriage Rules.
                                                  headend by certified mail.                              burden estimate; ways to enhance the                     Form Number: N/A.
                                                     47 CFR 76.1617(b) within 60 days of                  quality, utility, and clarity of the                     Type of Review: Revision of a
                                                  activation of a cable system, a cable                   information collected; ways to minimize               currently approved collection.
                                                  operator must notify all local                          the burden of the collection of                          Respondents: Business and other for-
                                                  commercial and NCE stations that may                    information on the respondents,                       profit entities.


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                                                                           Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices                                             81543

                                                     Number of Respondents and                            modification petitions and governs who                require a satellite carrier to provide its
                                                  Responses: 180 respondents and 200                      may file such a petition. With respect to             ‘‘satellite link budget’’ calculations that
                                                  responses.                                              cable market modification petitions, a                were created for the new community.
                                                     Estimated Time per Response: 0.5 to                  commercial TV broadcast station and                   Because the Commission may determine
                                                  40 hours.                                               cable system operator may file a market               in a given case that supporting
                                                     Frequency of Response: On occasion                   modification petition to modify the                   documentation should be provided to
                                                  reporting requirement; Third party                      local television market of a particular               support a detailed certification, satellite
                                                  disclosure requirement; Recordkeeping                   commercial television broadcast station               carriers are required to retain such
                                                  requirement.                                            for purposes of cable carriage rights.                ‘‘satellite link budget’’ information in
                                                     Total Annual Burden: 1,486 hours.                    With respect to satellite market                      the event that the Commission
                                                     Total Annual Costs: $1,387,950.                      modification petitions, a commercial TV               determines further review by the
                                                     Obligation to Respond: Required to                                                                         Commission is necessary. Satellite
                                                                                                          broadcast stations, satellite carrier and
                                                  obtain or retain benefits. The statutory
                                                                                                          county governmental entity (such as a                 carriers must retain such information
                                                  authority for this collection is contained
                                                                                                          county board, council, commission or                  throughout the pendency of
                                                  in 47 U.S.C. 151, 154(i), 303(r), 338 and
                                                                                                          other equivalent subdivision) may file a              Commission or judicial proceedings
                                                  534.
                                                                                                          market modification petition to modify                involving the certification and any
                                                     Nature and Extent of Confidentiality:
                                                                                                          the local television market of a                      related market modification petition. If
                                                  There is no need for confidentiality with
                                                                                                          particular commercial television                      satellite carriers have concerns about
                                                  this collection of information.
                                                     Privacy Impact Assessment(s): No                     broadcast station for purposes of                     providing proprietary and confidential
                                                  impact(s).                                              satellite carriage rights. Section 76.59(b)           information underlying their analysis,
                                                     Needs and Uses: On September 2,                      of the Commission’s Rules requires that               they may request confidentiality.
                                                  2015, the Commission released a Report                  market modification petitions and                        The Report and Order establishes a
                                                  and Order (Order), FCC 15–111, in MB                    responsive pleadings (e.g., oppositions,              ‘‘pre-filing coordination’’ process that
                                                  Docket No. 15–71, adopting satellite                    comments, reply comments) must be                     will allow a prospective petitioner for
                                                  television market modification rules to                 submitted in accordance with the                      market modification (i.e., broadcaster or
                                                  implement Section 102 of the Satellite                  procedures for filing Special Relief                  county government), at its option, to
                                                  Television Extension and Localism Act                   petitions in Section 76.7 of the rules.               request/obtain a certification from a
                                                  (STELA) Reauthorization Act of 2014                     Section 76.59(b) of the Commission’s                  satellite carrier about whether or not
                                                  (STELAR). The STELAR amended the                        Rules requires petitioners (e.g.,                     (and to what extent) carriage resulting
                                                  Communications Act and the Copyright                    commercial TV broadcast stations, cable               from a contemplated market
                                                  Act to give the Commission authority to                 system operators, satellite carriers and              modification is technically and
                                                  modify a commercial television                          county governments) to include the                    economically feasible for such carrier
                                                  broadcast station’s local television                    specific evidence in support of market                before the prospective petitioner
                                                  market—defined by The Nielsen                           modification petitions.                               undertakes the time and expense of
                                                  Company’s Designated Market Area                           Section 338(l)(3) of the                           preparing and filing a satellite market
                                                  (DMA) in which it is located—to                         Communications Act provides that ‘‘[a]                modification petition. To initiate this
                                                  include additional communities or                       market determination . . . shall not                  process, a prospective petitioner may
                                                  exclude communities for purposes of                     create additional carriage obligations for            make a request in writing to a satellite
                                                  better effectuating satellite carriage                  a satellite carrier if it is not technically          carrier for the carrier to provide the
                                                  rights. The Commission previously had                   and economically feasible for such                    certification about the feasibility or
                                                  the authority to modify a station’s                     carrier to accomplish such carriage by                infeasibility of carriage. A satellite
                                                  market only in the cable carriage                       means of its satellites in operation at the           carrier must respond to this request
                                                  context. Market modification allows the                 time of the determination.’’ If a satellite           within a reasonable amount of time by
                                                  Commission to modify the local                          carrier opposes a market modification                 providing a feasibility certification to
                                                  television market of a particular                       petition because the resulting carriage               the prospective petitioner. A satellite
                                                  commercial television broadcast station                 would be technically or economically                  carrier must also file a copy of the
                                                  to enable commercial television                         infeasible pursuant to Section 338(l)(3),             correspondence and feasibility
                                                  stations, cable operators and satellite                 the carrier must provide specific                     certification it provides to the
                                                  carriers to better serve the interests of               evidence in its opposition or response to             prospective petitioner in this docket
                                                  local communities. Market modification                  a pre-filing coordination request (see                electronically via ECFS so that the
                                                  provides a means to avoid rigid                         below) to demonstrate its claim of                    Media Bureau can track these
                                                  adherence to DMA designations and to                    infeasibility. If the satellite carrier is            certifications and monitor carrier
                                                  promote consumer access to in-state and                 claiming infeasibility based on                       response time. If the carrier is claiming
                                                  other relevant television programming.                  insufficient spot beam coverage, then                 spot beam coverage infeasibility, then
                                                  Section 338(l) of the Communications                    the carrier may instead provide a                     the certification provided by the carrier
                                                  Act (the satellite market modification                  detailed certification submitted under                must be the same type of detailed
                                                  provision) and Section 614(h)(1)(C) of                  penalty of perjury. Although the                      certification that would be required in
                                                  the Communications Act (the                             Commission will not require satellite                 response to a market modification
                                                  corresponding cable provision) permit                   carriers to provide supporting                        petition. For any other claim of
                                                  the Commission to add communities to                    documentation as part of their                        infeasibility, the carrier’s feasibility
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                                                  or delete communities from a station’s                  certification, the Commission may                     certification must explain in detail the
                                                  local television market following a                     decide to look behind any certification               basis of such infeasibility and must be
                                                  written request. Furthermore, the                       and require supporting documentation                  prepared to provide documentation in
                                                  Commission may determine that                           when it deems it appropriate, such as                 support of its claim, in the event the
                                                  particular communities are part of more                 when there is evidence that the                       prospective petitioner decides to seek a
                                                  than one television market.                             certification may be inaccurate. In the               Commission determination about the
                                                     Section 76.59(a) of the Commission’s                 event that the Commission requires                    validity of the carrier’s claim. If carriage
                                                  Rules authorizes the filing of market                   supporting documentation, it will                     is feasible, a statement to that effect


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                                                  81544                    Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices

                                                  must be provided in the certification. To               commence carriage within 90 days of                   47 CFR 64.1509 of the Commission rules
                                                  obtain a Commission determination                       receiving the carriage election from the              incorporates the requirements of 47
                                                  about the validity of the carrier’s claim               television broadcast station. The                     U.S.C. (c)(2) and 228 (d)(2)–(3) of the
                                                  of infeasibility, a prospective petitioner              election must be made in accordance                   Communications Act. Common carriers
                                                  must either file a (separate) petition for              with the requirements of 47 CFR Section               that assign telephone numbers to pay-
                                                  special relief or its market modification               76.66(d)(1).                                          per-call services must disclose to all
                                                  petition.                                                  OMB Control Number: 3060–0748.                     interested parties, upon request, a list of
                                                     OMB Control Number: 3060–0980.                          Title: Section 64.104, 64.1509,                    all assigned pay-per-call numbers. For
                                                     Title: Implementation of the Satellite               64.1510 Pay-Per-Call and Other                        each assigned number, carriers must
                                                  Home Viewer Improvement Act of 1999:                    Information Services.
                                                                                                                                                                also make available: (1) A description of
                                                  Local Broadcast Signal Carriage Issues                     Form Number: N/A.
                                                                                                             Type of Review: Extension of a                     the pay-per-call services; (2) the total
                                                  and Retransmission Consent Issues, 47
                                                  CFR Section 76.66.                                      currently approved collection.                        cost per minute or other fees associated
                                                     Form Number: Not applicable.                            Respondents: Business or other for-                with the service; and (3) the service
                                                     Type of Review: Revision of a                        profit entities.                                      provider’s name, business address, and
                                                  currently approved collection.                             Number of Respondents and                          telephone number. In addition, carriers
                                                     Respondents: Business or other for-                  Responses: 5,125 respondents; 5,175                   handling pay-per-call services must
                                                  profit entities.                                        responses.                                            establish a toll-free number that
                                                     Number of Respondents and                               Estimated Time per Response: 2                     consumers may call to receive
                                                  Responses: 10,300 respondents; 11,978                   hours–260 hours.                                      information about pay-per-call services.
                                                  responses.                                                 Frequency of Response: Annual and                  Finally, the Commission requires
                                                     Estimated Time per Response: 1 hour                  on occasion reporting and                             carriers to provide statements of pay-
                                                  to 5 hours.                                             recordkeeping requirements; Third                     per-call rights and responsibilities to
                                                     Frequency of Response: Third party                   party disclosure requirement.                         new telephone subscribers at the time
                                                  disclosure requirement; On occasion                        Obligation to Respond: Required to
                                                                                                                                                                service is established and, although not
                                                  reporting requirement; Once every three                 obtain or retain benefits. The statutory
                                                                                                                                                                required by statute, to all subscribers
                                                  years reporting requirement;                            authority(s) for the information
                                                                                                                                                                annually.
                                                  Recordkeeping requirement.                              collection are found at 47 U.S.C.
                                                     Obligation To Respond: Required to                   228(c)(7)–(10); Public Law 192–556, 106                  Under 47 CFR 64.1510 of the
                                                  obtain or retain benefits. The statutory                stat. 4181 (1992), codified at 47 U.S.C.              Commission’s rules, telephone bills
                                                  authority for this collection is contained              228 (The Telephone Disclosure and                     containing charges for interstate pay-
                                                  in 47 U.S.C. 325, 338, 339 and 340.                     Dispute Resolution Act of 1992).                      per-call and other information services
                                                     Total Annual Burden: 12,186 hours.                      Total Annual Burden: 47,750 hours.                 must include information detailing
                                                     Total Annual Cost: $24,000.                             Total Annual Cost: None.                           consumers’ rights and responsibilities
                                                     Privacy Act Impact Assessment: No                       Nature and Extent of Confidentiality:              with respect to these charges.
                                                  impact(s).                                              An assurance of confidentiality is not                Specifically, telephone bills carrying
                                                     Nature and Extent of Confidentiality:                offered because this information                      pay-per-call charges must include a
                                                  There is no need for confidentiality with               collection does not require the                       consumer notification stating that: (1)
                                                  this collection of information.                         collection of personally identifiable                 The charges are for non-communication
                                                     Needs and Uses: On September 2,                      information from individuals.
                                                                                                                                                                services; (2) local and long distance
                                                  2015, the Commission released a Report                     Privacy Impact Assessment: No
                                                  and Order (Order), FCC 15–111, in MB                    impact(s).                                            telephone services may not be
                                                  Docket No. 15–71, adopting satellite                       Needs and Uses: 47 CFR 64.1504 of                  disconnected for failure to pay per-call
                                                  television market modification rules to                 the Commission’s rules incorporates the               charges; (3) pay-per-call (900 number)
                                                  implement Section 102 of the Satellite                  requirements of Sections 228(c)(7)–(10)               blocking is available upon request; and
                                                  Television Extension and Localism Act                   of the Communications Act restricting                 (4) access to pay-per-call services may
                                                  (STELA) Reauthorization Act of 2014                     the manner in which toll-free numbers                 be involuntarily blocked for failure to
                                                  (STELAR). With respect to this                          may be used to charge telephone                       pay per-call charges. In addition, each
                                                  collection, the Order amended Section                   subscribers for information services.                 call billed must show the type of
                                                  76.66 of the Commission’s Rules by                      Common carriers may not charge a                      services, the amount of the charge, and
                                                  adding a new paragraph (d)(6) that                      calling party for information conveyed                the date, time, and duration of the call.
                                                  addresses satellite carriage after a                    on a toll-free number call, unless the                Finally, the bill must display a toll-free
                                                  market modification is granted by the                   calling party: (1) Has executed a written             number which subscribers may call to
                                                  Commission.                                             agreement that specifies the material                 obtain information about pay-per-call
                                                     47 CFR Section 76.66(d)(6) addresses                 terms and conditions under which the                  services. Similar billing disclosure
                                                  satellite carriage after a market                       information is provided, or (2) pays for              requirements apply to charges for
                                                  modification is granted by the                          the information by means of a prepaid                 information services either billed to
                                                  Commission. The rule states that                        account, credit, debit, charge, or calling            subscribers on a collect basis or
                                                  television broadcast stations that                      card and the information service                      accessed by subscribers through a toll-
                                                  become eligible for mandatory carriage                  provider gives the calling party an                   free number. The billing disclosure
                                                  with respect to a satellite carrier                     introductory message disclosing the cost              requirements are intended to ensure that
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                                                  (pursuant to § 76.66) due to a change in                and other terms and conditions for the                telephone subscribers billed for pay-per-
                                                  the market definition (by operation of a                service. The disclosure requirements are
                                                                                                                                                                call or other information services can
                                                  market modification pursuant to                         intended to ensure that consumers
                                                                                                                                                                understand the charges levied and are
                                                  § 76.59) may, within 30 days of the                     know when charges will be levied for
                                                                                                                                                                informed of their rights and
                                                  effective date of the new definition,                   calls to toll-free numbers and are able to
                                                  elect retransmission consent or                         obtain information necessary to make                  responsibilities with respect to payment
                                                  mandatory carriage with respect to such                 informed choices about whether to                     of such charges.
                                                  carrier. A satellite carrier shall                      purchase toll-free information services.


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                                                                           Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices                                            81545

                                                  Federal Communications Commission.                      Procedures Public Notice (PN), 80 FR                  initial commitment must do so in the
                                                  Gloria J. Miles,                                        66429, October 29, 2015. Specifically,                Auction System using a SecurID® token.
                                                  Federal Register Liaison Officer. Office of             the Bureau announces that the pre-                    The Bureau will therefore provide
                                                  Secretary.                                              auction process tutorial for the forward              SecurID® tokens prior to the initial
                                                  [FR Doc. 2015–32900 Filed 12–29–15; 8:45 am]            auction will be available by January 19,              commitment deadline.
                                                  BILLING CODE 6712–01–P                                  2016; provides additional information                    5. As explained in the Auction 1000
                                                                                                          concerning access to the Commission’s                 Application Procedures PN, an
                                                                                                          bidding system (Auction System) for the               applicant will receive confidential
                                                  FEDERAL COMMUNICATIONS                                  reverse and forward auctions; provides                notices concerning the status of its
                                                  COMMISSION                                              additional details about the grouping of              application and of each station selected
                                                                                                          Partial Economic Areas (PEAs) in the                  on its application after the initial filing
                                                  [AU Docket No. 14–252, GN Docket No. 12–
                                                  268, WT Docket No. 12–269; DA 15–1428]                  assignment phase of the forward                       deadline (First Confidential Status
                                                                                                          auction; and makes ministerial changes                Letter) and after the resubmission
                                                  Application Procedures for Broadcast                    to two of the appendices released with                deadline (Second Confidential Status
                                                  Incentive Auction Scheduled To Begin                    the Auction 1000 Application                          Letter), respectively. Each applicant
                                                  on March 29, 2016; Updates and Other                    Procedures PN. All other dates and                    whose application and at least one
                                                  Supplemental Information                                deadlines, as well as other application               selected station have been deemed
                                                                                                          procedures, instructions, and                         ‘‘complete’’ in the Second Confidential
                                                  AGENCY: Federal Communications                          information, remain as previously                     Status Letter will be permitted to make
                                                  Commission.                                             announced.                                            an initial commitment to a preferred
                                                  ACTION: Notice.                                                                                               relinquishment option for each
                                                                                                          II. Tutorial on Forward Auction Pre-                  complete station using a SecurID®
                                                  SUMMARY:    This document updates and                   Auction Process To Be Available by                    token. Additional instructions for
                                                  supplements information on procedures                   January 19, 2016                                      making an initial commitment will be
                                                  for the Broadcast Incentive Auction.                       2. The Bureau will make available an               provided to each applicant with one or
                                                  FOR FURTHER INFORMATION CONTACT:                        interactive, online tutorial focusing on              more complete stations as an enclosure
                                                  Wireless Telecommunications Bureau,                     the pre-auction application process for               to its Second Confidential Status Letter.
                                                  Auctions and Spectrum Access Division:                  the forward auction (Auction 1002) no                    6. Once the initial clearing target has
                                                  For general auction questions contact                   later than January 19, 2016. The pre-                 been determined based on initial
                                                  Linda Sanderson, at (717) 338–2868; for                 auction application process tutorial will             commitments, an applicant that was
                                                  reverse auction legal questions contact                 be accessible from the Commission’s                   permitted to make an initial
                                                  Erin Griffith or Kathryn Hinton at (202)                Auction 1002 Web page at http://                      commitment will receive a third
                                                  418–0660; for forward auction legal                     www.fcc.gov/auctions/1002 through a                   confidential status letter (Final
                                                  questions contact Leslie Barnes or                      link under the ‘‘Education’’ tab. Once                Confidential Status Letter) notifying the
                                                  Valerie Barrish at (202) 418–0660.                      posted, the tutorial will remain                      applicant for each complete station
                                                  SUPPLEMENTARY INFORMATION: This is a                    available and accessible on the Auction               whether or not the station is qualified to
                                                  summary of the Broadcast Incentive                      1002 Web page anytime for reference.                  bid in the clock rounds of the reverse
                                                  Auction Supplemental Information                                                                              auction. An applicant with one or more
                                                  Public Notice (PN), AU Docket No. 14–                   III. Access to the Auction System for                 qualified stations will be eligible to
                                                  252, GN Docket No. 12–268, WT Docket                    Bidding                                               participate in a mock auction prior to
                                                  No. 12–269, DA 15–1428, released on                        3. As previously described in the                  bidding in the clock rounds of the
                                                  December 21, 2015. The complete text                    Auction 1000 Application Procedures                   reverse auction. Additional instructions
                                                  of the Broadcast Incentive Auction                      PN, an applicant must have an FCC-                    for participating in the mock auction
                                                  Supplemental Information PN,                            provided SecurID® token to access the                 and for placing bids in the clock rounds
                                                  including the attachments, is available                 Auction System in order to place bids                 of the reverse auction, using the
                                                  for public inspection and copying from                  in the reverse or forward clock rounds,               applicant’s previously received
                                                  8:00 a.m. to 4:30 p.m. ET Monday                        as well as to participate in any mock                 SecurID® tokens, will be provided to
                                                  through Thursday or from 8:00 a.m. to                   auction. SecurID® tokens will be                      each applicant that has at least one
                                                  11:30 a.m. ET on Fridays in the FCC                     distributed to applicants for the reverse             station qualified to bid. Any applicant
                                                  Reference Information Center, 445 12th                  auction prior to the deadline for initial             with a station that is not qualified to bid
                                                  Street SW., Room CY–A257,                               commitments, and to forward auction                   in the reverse auction clock rounds will
                                                  Washington, DC 20554. The complete                      applicants prior to the announcement of               not be able to place clock round bids for
                                                  text is also available on the                           qualified bidders, to enable applicants               that station in the Auction System.
                                                  Commission’s Web site at http://                        with complete applications to practice
                                                                                                                                                                B. Forward Auction Applicants
                                                  wireless.fcc.gov, or by using the search                with the Auction System. Each
                                                  function on the ECFS Web page at                        authorized bidder identified on an                       7. As described in the Auction 1000
                                                  http://www.fcc.gov/cgb/ecfs/.                           applicant’s FCC Form 177 or 175 will be               Application Procedures PN, an Auction
                                                  Alternative formats are available to                    issued a unique SecurID® token tailored               1002 applicant whose application has
                                                  persons with disabilities by sending an                 to that bidder. For security purposes,                been deemed to be ‘‘complete’’ will be
                                                  email to FCC504@fcc.gov or by calling                   the SecurID® tokens, the telephonic                   eligible to practice with the Auction
                                                  the Consumer & Governmental Affairs                     bidding telephone number, and the                     System prior to the mock auction that
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                                                  Bureau at (202) 418–0530 (voice), (202)                 relevant Auction System Bidder’s Guide                will be offered to qualified bidders. Any
                                                  418–0432 (TTY).                                         are mailed only to the applicant’s                    applicant that is eligible to practice with
                                                                                                          contact person at the contact address                 the Auction System must have a
                                                  I. Introduction                                                                                               SecurID® token to log in. SecurID®
                                                                                                          listed on its auction application.
                                                     1. The Wireless Telecommunications                                                                         tokens along with instructions for
                                                  Bureau (Bureau) updates and                             A. Reverse Auction Applicants                         practicing with the Auction System will
                                                  supplements information provided in                       4. Each reverse auction (Auction                    therefore be distributed to each
                                                  the Auction 1000 Application                            1001) applicant permitted to make an                  applicant whose application is listed as


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Document Created: 2015-12-30 03:16:25
Document Modified: 2015-12-30 03:16:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWritten comments should be submitted on or before January 29, 2016. 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.
ContactFor 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 Citation80 FR 81542 

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