82_FR_40927 82 FR 40762 - Information Collection Being Reviewed by the Federal Communications Commission

82 FR 40762 - Information Collection Being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40762-40766
FR Document2017-18210

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), 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 Office of Management and Budget (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 82 Issue 165 (Monday, August 28, 2017)
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40762-40766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18210]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0888]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), 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 Office of Management and Budget 
(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 October 27, 
2017. 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 Cathy Williams, FCC, via email: 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce 
paperwork burdens, and as required by the PRA, 44 U.S.C. 3501-3520, the 
FCC

[[Page 40763]]

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.
    OMB Control Number: 3060-0888.
    Title: Section 1.221, Notice of hearing; appearances; Section 1.229 
Motions to enlarge, change, or delete issues; Section 1.248 Prehearing 
conferences; hearing conferences; Section 76.7, Petition Procedures; 
Section 76.9, Confidentiality of Proprietary Information; Section 
76.61, Dispute Concerning Carriage; Section 76.914, Revocation of 
Certification; Section 76.1001, Unfair Practices; Section 76.1003, 
Program Access Proceedings; Section 76.1302, Carriage Agreement 
Proceedings; Section 76.1513, Open Video Dispute Resolution.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Businesses or other for-profit.
    Number of Respondents and Responses: 684 respondents; 684 
responses.
    Estimated Time per Response: 6.4 to 95.4 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. 
47 U.S.C. 154(i) and (j), 303(r), 338, 340, 534, 535, 536, 543, 548 and 
573.
    Total Annual Burden: 34,816 hours.
    Total Annual Cost: $3,671,370.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: A party that wishes to have 
confidentiality for proprietary information with respect to a 
submission it is making to the Commission must file a petition pursuant 
to the pleading requirements in Section 76.7 and use the method 
described in Sections 0.459 and 76.9 to demonstrate that 
confidentiality is warranted.
    Needs and Uses: Commission rules specify pleading and other 
procedural requirements for parties filing petitions or complaints 
under Part 76 of the Commission's rules, including petitions for 
special relief, cable carriage complaints, program access complaints, 
and program carriage complaints. Therefore, the information collection 
requirements contained in this collection are as follows:
    47 CFR 1.221(h) requires that, in a program carriage complaint 
proceeding filed pursuant to Sec.  76.1302 that the Chief, Media Bureau 
refers to an administrative law judge for an initial decision, each 
party, in person or by attorney, shall file a written appearance within 
five calendar days after the party informs the Chief Administrative Law 
Judge that it elects not to pursue alternative dispute resolution 
pursuant to Sec.  76.7(g)(2) or, if the parties have mutually elected 
to pursue alternative dispute resolution pursuant to Sec.  76.7(g)(2), 
within five calendar days after the parties inform the Chief 
Administrative Law Judge that they have failed to resolve their dispute 
through alternative dispute resolution. The written appearance shall 
state that the party will appear on the date fixed for hearing and 
present evidence on the issues specified in the hearing designation 
order.
    47 CFR 1.229(b)(2) requires that, in a program carriage complaint 
proceeding filed pursuant to Sec.  76.1302 that the Chief, Media Bureau 
refers to an administrative law judge for an initial decision, a motion 
to enlarge, change, or delete issues shall be filed within 15 calendar 
days after the deadline for submitting written appearances pursuant to 
Sec.  1.221(h), except that persons not named as parties to the 
proceeding in the designation order may file such motions with their 
petitions to intervene up to 30 days after publication of the full text 
or a summary of the designation order in the Federal Register.
    47 CFR 1.229(b)(3) provides that any person desiring to file a 
motion to modify the issues after the expiration of periods specified 
in paragraphs (a), (b)(1), and (b)(2) of Sec.  1.229, shall set forth 
the reason why it was not possible to file the motion within the 
prescribed period.
    47 CFR 1.248(a) provides that the initial prehearing conference as 
directed by the Commission shall be scheduled 30 days after the 
effective date of the order designating a case for hearing, unless good 
cause is shown for scheduling such conference at a later date, except 
that for program carriage complaints filed pursuant to Sec.  76.1302 
that the Chief, Media Bureau refers to an administrative law judge for 
an initial decision, the initial prehearing conference shall be held no 
later than 10 calendar days after the deadline for submitting written 
appearances pursuant to Sec.  1.221(h) or within such shorter or longer 
period as the Commission may allow on motion or notice consistent with 
the public interest.
    47 CFR 1.248(b) provides that the initial prehearing conference as 
directed by the presiding officer shall be scheduled 30 days after the 
effective date of the order designating a case for hearing, unless good 
cause is shown for scheduling such conference at a later date, except 
that for program carriage complaints filed pursuant to Sec.  76.1302 
that the Chief, Media Bureau refers to an administrative law judge for 
an initial decision, the initial prehearing conference shall be held no 
later than 10 calendar days after the deadline for submitting written 
appearances pursuant to Sec.  1.221(h) or within such shorter or longer 
period as the presiding officer may allow on motion or notice 
consistent with the public interest.
    47 CFR 76.7. Pleadings seeking to initiate FCC action must adhere 
to the requirements of Section 76.6 (general pleading requirements) and 
Section 76.7 (initiating pleading requirements). Section 76.7 is used 
for numerous types of petitions and special relief petitions, including 
general petitions seeking special relief, waivers, enforcement, show 
cause, forfeiture and declaratory ruling procedures.
    47 CFR 76.7(g)(2) provides that, in a proceeding initiated pursuant 
to Sec.  76.7 that is referred to an administrative law judge, the 
parties may elect to resolve the dispute through alternative dispute 
resolution procedures, or may proceed with an adjudicatory hearing, 
provided that the election shall be submitted in writing to the 
Commission and the Chief Administrative Law Judge.
    47 CFR 76.9. A party that wishes to have confidentiality for 
proprietary information with respect to a submission it is making to 
the FCC must file a petition pursuant to the pleading requirements in 
Section 76.7 and use the method described in Sections 0.459 and 76.9 to 
demonstrate that confidentiality is warranted. The petitions filed 
pursuant to this provision are contained in the existing information 
collection requirement and are not changed by the rule changes.
    47 CFR 76.61(a) permits a local commercial television station or

[[Page 40764]]

qualified low power television station that is denied carriage or 
channel positioning or repositioning in accordance with the must-carry 
rules by a cable operator to file a complaint with the FCC in 
accordance with the procedures set forth in Section 76.7. Section 
76.61(b) permits a qualified local noncommercial educational television 
station that believes a cable operator has failed to comply with the 
FCC's signal carriage or channel positioning requirements (Sections 
76.56 through 76.57) to file a complaint with the FCC in accordance 
with the procedures set forth in Section 76.7.
    47 CFR 76.61(a)(1) states that whenever a local commercial 
television station or a qualified low power television station believes 
that a cable operator has failed to meet its carriage or channel 
positioning obligations, pursuant to Sections 76.56 and 76.57, such 
station shall notify the operator, in writing, of the alleged failure 
and identify its reasons for believing that the cable operator is 
obligated to carry the signal of such station or position such signal 
on a particular channel.
    47 CFR 76.61(a)(2) states that the cable operator shall, within 30 
days of receipt of such written notification, respond in writing to 
such notification and either commence to carry the signal of such 
station in accordance with the terms requested or state its reasons for 
believing that it is not obligated to carry such signal or is in 
compliance with the channel positioning and repositioning and other 
requirements of the must-carry rules. If a refusal for carriage is 
based on the station's distance from the cable system's principal 
headend, the operator's response shall include the location of such 
headend. If a cable operator denies carriage on the basis of the 
failure of the station to deliver a good quality signal at the cable 
system's principal headend, the cable operator must provide a list of 
equipment used to make the measurements, the point of measurement and a 
list and detailed description of the reception and over-the-air signal 
processing equipment used, including sketches such as block diagrams 
and a description of the methodology used for processing the signal at 
issue, in its response.
    47 CFR 76.914(c) permits a cable operator seeking revocation of a 
franchising authority's certification to file a petition with the FCC 
in accordance with the procedures set forth in Section 76.7.
    47 CFR 76.1003(a) permits any multichannel video programming 
distributor (MVPD) aggrieved by conduct that it believes constitute a 
violation of the FCC's competitive access to cable programming rules to 
commence an adjudicatory proceeding at the FCC to obtain enforcement of 
the rules through the filing of a complaint, which must be filed and 
responded to in accordance with the procedures specified in Section 
76.7, except to the extent such procedures are modified by Section 
76.1003.
    47 CFR 76.1001(b)(2) permits any multichannel video programming 
distributor to commence an adjudicatory proceeding by filing a 
complaint with the Commission alleging that a cable operator, a 
satellite cable programming vendor in which a cable operator has an 
attributable interest, or a satellite broadcast programming vendor, has 
engaged in an unfair act involving terrestrially delivered, cable-
affiliated programming, which must be filed and responded to in 
accordance with the procedures specified in Sec.  76.7, except to the 
extent such procedures are modified by Sec. Sec.  76.1001(b)(2) and 
76.1003. In program access cases involving terrestrially delivered, 
cable-affiliated programming, the defendant has 45 days from the date 
of service of the complaint to file an answer, unless otherwise 
directed by the Commission. A complainant shall have the burden of 
proof that the defendant's alleged conduct has the purpose or effect of 
hindering significantly or preventing the complainant from providing 
satellite cable programming or satellite broadcast programming to 
subscribers or consumers; an answer to such a complaint shall set forth 
the defendant's reasons to support a finding that the complainant has 
not carried this burden. In addition, a complainant alleging that a 
terrestrial cable programming vendor has engaged in discrimination 
shall have the burden of proof that the terrestrial cable programming 
vendor is wholly owned by, controlled by, or under common control with 
a cable operator or cable operators, satellite cable programming vendor 
or vendors in which a cable operator has an attributable interest, or 
satellite broadcast programming vendor or vendors; an answer to such a 
complaint shall set forth the defendant's reasons to support a finding 
that the complainant has not carried this burden.
    47 CFR 76.1003(b) requires any aggrieved MVPD intending to file a 
complaint under this section to first notify the potential defendant 
cable operator, and/or the potential defendant satellite cable 
programming vendor or satellite broadcast programming vendor, that it 
intends to file a complaint with the Commission based on actions 
alleged to violate one or more of the provisions contained in Sections 
76.1001 or 76.1002 of this part. The notice must be sufficiently 
detailed so that its recipient(s) can determine the nature of the 
potential complaint. The potential complainant must allow a minimum of 
ten (10) days for the potential defendant(s) to respond before filing a 
complaint with the Commission.
    47 CFR 76.1003(c) describes the required contents of a program 
access complaint, in addition to the requirements of Section 76.7 of 
this part.
    47 CFR 76.1003(c)(3) requires a program access complaint to contain 
evidence that the complainant competes with the defendant cable 
operator, or with a multichannel video programming distributor that is 
a customer of the defendant satellite cable programming or satellite 
broadcast programming vendor or a terrestrial cable programming vendor 
alleged to have engaged in conduct described in Sec.  76.1001(b)(1).
    47 CFR 76.1003(d) states that, in a case where recovery of damages 
is sought, the complaint shall contain a clear and unequivocal request 
for damages and appropriate allegations in support of such claim.
    47 CFR 76.1003(e)(1) requires cable operators, satellite cable 
programming vendors, or satellite broadcast programming vendors whom 
expressly reference and rely upon a document in asserting a defense to 
a program access complaint filed or in responding to a material 
allegation in a program access complaint filed pursuant to Section 
76.1003, to include such document or documents, such as contracts for 
carriage of programming referenced and relied on, as part of the 
answer. Except as otherwise provided or directed by the Commission, any 
cable operator, satellite cable programming vendor or satellite 
broadcast programming vendor upon which a program access complaint is 
served under this section shall answer within twenty (20) days of 
service of the complaint, provided that the answer shall be filed 
within forty-five (45) days of service of the complaint if the 
complaint alleges a violation of Section 628(b) of the Communications 
Act of 1934, as amended, or Section 76.1001(a).
    47 CFR 76.1003(e)(2) requires an answer to an exclusivity complaint 
to provide the defendant's reasons for refusing to sell the subject 
programming to the complainant. In addition, the defendant may submit 
its programming contracts covering the area specified in the complaint 
with its answer to refute allegations concerning the existence of an 
impermissible exclusive contract. If

[[Page 40765]]

there are no contracts governing the specified area, the defendant 
shall so certify in its answer. Any contracts submitted pursuant to 
this provision may be protected as proprietary pursuant to Section 76.9 
of this part.
    47 CFR 76.1003(e)(3) requires an answer to a discrimination 
complaint to state the reasons for any differential in prices, terms or 
conditions between the complainant and its competitor, and to specify 
the particular justification set forth in Section 76.1002(b) of this 
part relied upon in support of the differential.
    47 CFR 76.1003(e)(4) requires an answer to a complaint alleging an 
unreasonable refusal to sell programming to state the defendant's 
reasons for refusing to sell to the complainant, or for refusing to 
sell to the complainant on the same terms and conditions as 
complainant's competitor, and to specify why the defendant's actions 
are not discriminatory.
    47 CFR 76.1003(f) provides that, within fifteen (15) days after 
service of an answer, unless otherwise directed by the Commission, the 
complainant may file and serve a reply which shall be responsive to 
matters contained in the answer and shall not contain new matters.
    47 CFR 76.1003(g) states that any complaint filed pursuant to this 
subsection must be filed within one year of the date on which one of 
three specified events occurs.
    47 CFR 76.1003(h) sets forth the remedies that are available for 
violations of the program access rules, which include the imposition of 
damages, and/or the establishment of prices, terms, and conditions for 
the sale of programming to the aggrieved multichannel video programming 
distributor, as well as sanctions available under title V or any other 
provision of the Communications Act.
    47 CFR 76.1003(j) states in addition to the general pleading and 
discovery rules contained in Sec.  76.7 of this part, parties to a 
program access complaint may serve requests for discovery directly on 
opposing parties, and file a copy of the request with the Commission. 
The respondent shall have the opportunity to object to any request for 
documents that are not in its control or relevant to the dispute. Such 
request shall be heard, and determination made, by the Commission. 
Until the objection is ruled upon, the obligation to produce the 
disputed material is suspended. Any party who fails to timely provide 
discovery requested by the opposing party to which it has not raised an 
objection as described above, or who fails to respond to a Commission 
order for discovery material, may be deemed in default and an order may 
be entered in accordance with the allegations contained in the 
complaint, or the complaint may be dismissed with prejudice.
    47 CFR 76.1003(l) permits a program access complainant seeking 
renewal of an existing programming contract to file a petition along 
with its complaint requesting a temporary standstill of the price, 
terms, and other conditions of the existing programming contract 
pending resolution of the complaint, to which the defendant will have 
the opportunity to respond within 10 days of service of the petition, 
unless otherwise directed by the Commission.
    47 CFR 76.1302(a) states that any video programming vendor or 
multichannel video programming distributor aggrieved by conduct that it 
believes constitute a violation of the regulations set forth in this 
subpart may commence an adjudicatory proceeding at the Commission to 
obtain enforcement of the rules through the filing of a complaint. The 
complaint shall be filed and responded to in accordance with the 
procedures specified in Section 76.7, except to the extent such 
procedures are modified by Section 76.1302.
    47 CFR 76.1302(b) states that any aggrieved video programming 
vendor or multichannel video programming distributor intending to file 
a complaint under this section must first notify the potential 
defendant multichannel video programming distributor that it intends to 
file a complaint with the Commission based on actions alleged to 
violate one or more of the provisions contained in Section 76.1301 of 
this part. The notice must be sufficiently detailed so that its 
recipient(s) can determine the specific nature of the potential 
complaint. The potential complainant must allow a minimum of ten (10) 
days for the potential defendant(s) to respond before filing a 
complaint with the Commission.
    47 CFR 76.1302(c) specifies the content of carriage agreement 
complaints, in addition to the requirements of Section 76.7 of this 
part.
    47 CFR 76.1302(c)(1) provides that a program carriage complaint 
filed pursuant to Sec.  76.1302 must contain the following: Whether the 
complainant is a multichannel video programming distributor or video 
programming vendor, and, in the case of a multichannel video 
programming distributor, identify the type of multichannel video 
programming distributor, the address and telephone number of the 
complainant, what type of multichannel video programming distributor 
the defendant is, and the address and telephone number of each 
defendant.
    47 CFR 76.1302(d) sets forth the evidence that a program carriage 
complaint filed pursuant to Sec.  76.1302 must contain in order to 
establish a prima facie case of a violation of Sec.  76.1301.
    47 CFR 76.1302(e)(1) provides that a multichannel video programming 
distributor upon whom a program carriage complaint filed pursuant to 
Sec.  76.1302 is served shall answer within sixty (60) days of service 
of the complaint, unless otherwise directed by the Commission.
    47 CFR 76.1302(e)(2) states that an answer to a program carriage 
complaint shall address the relief requested in the complaint, 
including legal and documentary support, for such response, and may 
include an alternative relief proposal without any prejudice to any 
denials or defenses raised.
    47 CFR 76.1302(f) states that within twenty (20) days after service 
of an answer, unless otherwise directed by the Commission, the 
complainant may file and serve a reply which shall be responsive to 
matters contained in the answer and shall not contain new matters.
    47 CFR 76.1302(h) states that any complaint filed pursuant to this 
subsection must be filed within one year of the date on which one of 
three events occurs.
    47 CFR 76.1302(j)(1) states that upon completion of such 
adjudicatory proceeding, the Commission shall order appropriate 
remedies, including, if necessary, mandatory carriage of a video 
programming vendor's programming on defendant's video distribution 
system, or the establishment of prices, terms, and conditions for the 
carriage of a video programming vendor's programming.
    47 CFR 76.1302(k) permits a program carriage complainant seeking 
renewal of an existing programming contract to file a petition along 
with its complaint requesting a temporary standstill of the price, 
terms, and other conditions of the existing programming contract 
pending resolution of the complaint, to which the defendant will have 
the opportunity to respond within 10 days of service of the petition, 
unless otherwise directed by the Commission. To allow for sufficient 
time to consider the petition for temporary standstill prior to the 
expiration of the existing programming contract, the petition for 
temporary standstill and complaint shall be filed no later than thirty 
(30) days prior to the

[[Page 40766]]

expiration of the existing programming contract.
    47 CFR 76.1513(a) permits any party aggrieved by conduct that it 
believes constitute a violation of the FCC's regulations or in section 
653 of the Communications Act (47 U.S.C. 573) to commence an 
adjudicatory proceeding at the Commission to obtain enforcement of the 
rules through the filing of a complaint, which must be filed and 
responded to in accordance with the procedures specified in Section 
76.7, except to the extent such procedures are modified by Section 
76.1513.
    47 CFR 76.1513(b) provides that an open video system operator may 
not provide in its carriage contracts with programming providers that 
any dispute must be submitted to arbitration, mediation, or any other 
alternative method for dispute resolution prior to submission of a 
complaint to the Commission.
    47 CFR 76.1513(c) requires that any aggrieved party intending to 
file a complaint under this section must first notify the potential 
defendant open video system operator that it intends to file a 
complaint with the Commission based on actions alleged to violate one 
or more of the provisions contained in this part or in Section 653 of 
the Communications Act. The notice must be in writing and must be 
sufficiently detailed so that its recipient(s) can determine the 
specific nature of the potential complaint. The potential complainant 
must allow a minimum of ten (10) days for the potential defendant(s) to 
respond before filing a complaint with the Commission.
    47 CFR 76.1513(d) describes the contents of an open video system 
complaint.
    47 CFR 76.1513(e) addresses answers to open video system 
complaints.
    47 CFR 76.1513(f) states within twenty (20) days after service of 
an answer, the complainant may file and serve a reply which shall be 
responsive to matters contained in the answer and shall not contain new 
matters.
    47 CFR 76.1513(g) requires that any complaint filed pursuant to 
this subsection must be filed within one year of the date on which one 
of three events occurs.
    47 CFR 76.1513(h) states that upon completion of the adjudicatory 
proceeding, the Commission shall order appropriate remedies, including, 
if necessary, the requiring carriage, awarding damages to any person 
denied carriage, or any combination of such sanctions. Such order shall 
set forth a timetable for compliance, and shall become effective upon 
release.

Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary, Office of the Secretary.
[FR Doc. 2017-18210 Filed 8-25-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                    40762                        Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

                                                    time on the specified date(s). Protests                    Comments Due: 5 p.m. ET 9/11/17.                   FEDERAL COMMUNICATIONS
                                                    may be considered, but intervention is                     Docket Numbers: ER17–1913–000.                     COMMISSION
                                                    necessary to become a party to the                         Applicants: Entergy Nuclear                        [OMB 3060–0888]
                                                    proceeding.                                             FitzPatrick, LLC.
                                                       eFiling is encouraged. More detailed                                                                       Information Collection Being Reviewed
                                                                                                               Description: Errata to June 27, 2017
                                                    information relating to filing                                                                                by the Federal Communications
                                                                                                            Entergy Nuclear FitzPatrick, LLC tariff
                                                    requirements, interventions, protests,                                                                        Commission
                                                                                                            filing (Requesting Administrative
                                                    service, and qualifying facilities filings
                                                                                                            Cancellation of Tariff).                              AGENCY: Federal Communications
                                                    can be found at: http://www.ferc.gov/
                                                    docs-filing/efiling/filing-req.pdf. For                    Filed Date: 8/10/17.                               Commission.
                                                    other information, call (866) 208–3676                     Accession Number: 20170810–5144.                   ACTION: Notice and request for
                                                    (toll free). For TTY, call (202) 502–8659.                 Comments Due: 5 p.m. ET 8/31/17.                   comments.
                                                      Dated: August 17, 2017.                                  Docket Numbers: ER17–2197–001.
                                                                                                                                                                  SUMMARY:    As part of its continuing effort
                                                    Nathaniel J. Davis, Sr.,                                   Applicants: Nevada Power Company.                  to reduce paperwork burdens, and as
                                                    Deputy Secretary.                                          Description: Tariff Amendment: Rate                required by the Paperwork Reduction
                                                    [FR Doc. 2017–18150 Filed 8–25–17; 8:45 am]             Schedule No. 155 NPC/CRC Agreement                    Act of 1995 (PRA), the Federal
                                                    BILLING CODE 6717–01–P
                                                                                                            Executed to be effective 10/1/2017.                   Communications Commission (FCC or
                                                                                                               Filed Date: 8/22/17.                               Commission) invites the general public
                                                                                                               Accession Number: 20170822–5082.                   and other Federal agencies to take this
                                                    DEPARTMENT OF ENERGY                                       Comments Due: 5 p.m. ET 9/12/17.                   opportunity to comment on the
                                                                                                               Docket Numbers: ER17–2340–000.                     following information collections.
                                                    Federal Energy Regulatory                                                                                     Comments are requested concerning:
                                                    Commission                                                 Applicants: Golden Hills North Wind,
                                                                                                            LLC.                                                  Whether the proposed collection of
                                                                                                               Description: Baseline eTariff Filing:              information is necessary for the proper
                                                    Combined Notice of Filings #1
                                                                                                            Golden Hills North Wind, LLC                          performance of the functions of the
                                                       Take notice that the Commission                      Application for Market-Based Rates to                 Commission, including whether the
                                                    received the following electric rate                    be effective 9/15/2017.                               information shall have practical utility;
                                                    filings:                                                                                                      the accuracy of the Commission’s
                                                                                                               Filed Date: 8/21/17.
                                                       Docket Numbers: ER11–3576–014;                                                                             burden estimate; ways to enhance the
                                                                                                               Accession Number: 20170821–5129.                   quality, utility, and clarity of the
                                                    ER11–3401–013.                                             Comments Due: 5 p.m. ET 9/11/17.
                                                       Applicants: Golden Spread Electric                                                                         information collected; ways to minimize
                                                    Cooperative, Inc., Golden Spread                           Docket Numbers: ER17–2341–000.                     the burden of the collection of
                                                    Panhandle Wind Ranch, LLC.                                 Applicants: CA Flats Solar 130, LLC.               information on the respondents,
                                                       Description: Supplement to June 29,                     Description: Baseline eTariff Filing:              including the use of automated
                                                    2017 Notice of Non-material Change in                   CA Flats Solar 130, LLC MBR Tariff to                 collection techniques or other forms of
                                                    Status of Golden Spread Electric                        be effective 8/22/2017.                               information technology; and ways to
                                                    Cooperative, Inc.                                          Filed Date: 8/21/17.                               further reduce the information
                                                       Filed Date: 8/22/17.                                    Accession Number: 20170821–5134.                   collection burden on small business
                                                       Accession Number: 20170822–5042.                        Comments Due: 5 p.m. ET 9/11/17.                   concerns with fewer than 25 employees.
                                                       Comments Due: 5 p.m. ET 9/12/17.                                                                              The FCC may not conduct or sponsor
                                                                                                               The filings are accessible in the                  a collection of information unless it
                                                       Docket Numbers: ER16–1766–001.                       Commission’s eLibrary system by
                                                       Applicants: Midcontinent                                                                                   displays a currently valid Office of
                                                                                                            clicking on the links or querying the                 Management and Budget (OMB) control
                                                    Independent System Operator, Inc.                       docket number.
                                                       Description: Compliance filing: 2017–                                                                      number. No person shall be subject to
                                                                                                               Any person desiring to intervene or                any penalty for failing to comply with
                                                    08–21_Amended RSG Compliance filing
                                                                                                            protest in any of the above proceedings               a collection of information subject to the
                                                    to be effective 4/1/2011.
                                                                                                            must file in accordance with Rules 211                PRA that does not display a valid OMB
                                                       Filed Date: 8/21/17.
                                                                                                            and 214 of the Commission’s                           control number.
                                                       Accession Number: 20170821–5137.
                                                                                                            Regulations (18 CFR 385.211 and                       DATES: Written comments should be
                                                       Comments Due: 5 p.m. ET 9/11/17.
                                                                                                            385.214) on or before 5:00 p.m. Eastern               submitted on or before October 27,
                                                       Docket Numbers: ER16–2225–001.                       time on the specified comment date.
                                                       Applicants: Midcontinent                                                                                   2017. If you anticipate that you will be
                                                                                                            Protests may be considered, but                       submitting comments, but find it
                                                    Independent System Operator, Inc.                       intervention is necessary to become a
                                                       Description: Compliance filing: 2017–                                                                      difficult to do so within the period of
                                                                                                            party to the proceeding.                              time allowed by this notice, you should
                                                    08–21_Compliance to RSG Rehearing                          eFiling is encouraged. More detailed
                                                    Filing to be effective 8/21/2017.                                                                             advise the contacts below as soon as
                                                                                                            information relating to filing                        possible.
                                                       Filed Date: 8/21/17.                                 requirements, interventions, protests,
                                                       Accession Number: 20170821–5149.                                                                           ADDRESSES: Direct all PRA comments to
                                                                                                            service, and qualifying facilities filings
                                                       Comments Due: 5 p.m. ET 9/11/17.                                                                           Cathy Williams, FCC, via email: PRA@
                                                                                                            can be found at: http://www.ferc.gov/
                                                                                                                                                                  fcc.gov and to Cathy.Williams@fcc.gov.
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                                                       Docket Numbers: ER16–2355–001.                       docs-filing/efiling/filing-req.pdf. For
                                                       Applicants: Midcontinent                                                                                   FOR FURTHER INFORMATION CONTACT: For
                                                                                                            other information, call (866) 208–3676
                                                    Independent System Operator, Inc.                       (toll free). For TTY, call (202) 502–8659.            additional information about the
                                                       Description: Compliance filing: 2017–                                                                      information collection, contact Cathy
                                                                                                              Dated: August 22, 2017.                             Williams at (202) 418–2918.
                                                    08–21_Amended RSG Exemptions
                                                    Compliance filing to be effective 8/31/                 Nathaniel J. Davis, Sr.,                              SUPPLEMENTARY INFORMATION: As part of
                                                    2010.                                                   Deputy Secretary.                                     its continuing effort to reduce
                                                       Filed Date: 8/21/17.                                 [FR Doc. 2017–18149 Filed 8–25–17; 8:45 am]           paperwork burdens, and as required by
                                                       Accession Number: 20170821–5132.                     BILLING CODE 6717–01–P                                the PRA, 44 U.S.C. 3501–3520, the FCC


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                                                                                 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices                                            40763

                                                    invites the general public and other                    described in Sections 0.459 and 76.9 to               scheduling such conference at a later
                                                    Federal agencies to take this                           demonstrate that confidentiality is                   date, except that for program carriage
                                                    opportunity to comment on the                           warranted.                                            complaints filed pursuant to § 76.1302
                                                    following information collections.                         Needs and Uses: Commission rules                   that the Chief, Media Bureau refers to an
                                                    Comments are requested concerning:                      specify pleading and other procedural                 administrative law judge for an initial
                                                    Whether the proposed collection of                      requirements for parties filing petitions             decision, the initial prehearing
                                                    information is necessary for the proper                 or complaints under Part 76 of the                    conference shall be held no later than 10
                                                    performance of the functions of the                     Commission’s rules, including petitions               calendar days after the deadline for
                                                    Commission, including whether the                       for special relief, cable carriage                    submitting written appearances
                                                    information shall have practical utility;               complaints, program access complaints,                pursuant to § 1.221(h) or within such
                                                    the accuracy of the Commission’s                        and program carriage complaints.                      shorter or longer period as the
                                                    burden estimate; ways to enhance the                    Therefore, the information collection                 Commission may allow on motion or
                                                    quality, utility, and clarity of the                    requirements contained in this                        notice consistent with the public
                                                    information collected; ways to minimize                 collection are as follows:                            interest.
                                                    the burden of the collection of                            47 CFR 1.221(h) requires that, in a                   47 CFR 1.248(b) provides that the
                                                    information on the respondents,                         program carriage complaint proceeding                 initial prehearing conference as directed
                                                    including the use of automated                          filed pursuant to § 76.1302 that the                  by the presiding officer shall be
                                                    collection techniques or other forms of                 Chief, Media Bureau refers to an                      scheduled 30 days after the effective
                                                    information technology; and ways to                     administrative law judge for an initial               date of the order designating a case for
                                                    further reduce the information                          decision, each party, in person or by                 hearing, unless good cause is shown for
                                                    collection burden on small business                     attorney, shall file a written appearance             scheduling such conference at a later
                                                    concerns with fewer than 25 employees.                  within five calendar days after the party             date, except that for program carriage
                                                      OMB Control Number: 3060–0888.                        informs the Chief Administrative Law                  complaints filed pursuant to § 76.1302
                                                      Title: Section 1.221, Notice of hearing;              Judge that it elects not to pursue                    that the Chief, Media Bureau refers to an
                                                    appearances; Section 1.229 Motions to                   alternative dispute resolution pursuant               administrative law judge for an initial
                                                    enlarge, change, or delete issues;                      to § 76.7(g)(2) or, if the parties have               decision, the initial prehearing
                                                    Section 1.248 Prehearing conferences;                   mutually elected to pursue alternative                conference shall be held no later than 10
                                                    hearing conferences; Section 76.7,                      dispute resolution pursuant to                        calendar days after the deadline for
                                                    Petition Procedures; Section 76.9,                      § 76.7(g)(2), within five calendar days               submitting written appearances
                                                    Confidentiality of Proprietary                          after the parties inform the Chief                    pursuant to § 1.221(h) or within such
                                                    Information; Section 76.61, Dispute                     Administrative Law Judge that they                    shorter or longer period as the presiding
                                                    Concerning Carriage; Section 76.914,                    have failed to resolve their dispute                  officer may allow on motion or notice
                                                    Revocation of Certification; Section                    through alternative dispute resolution.               consistent with the public interest.
                                                    76.1001, Unfair Practices; Section                      The written appearance shall state that                  47 CFR 76.7. Pleadings seeking to
                                                    76.1003, Program Access Proceedings;                    the party will appear on the date fixed               initiate FCC action must adhere to the
                                                    Section 76.1302, Carriage Agreement                     for hearing and present evidence on the               requirements of Section 76.6 (general
                                                    Proceedings; Section 76.1513, Open                      issues specified in the hearing                       pleading requirements) and Section 76.7
                                                    Video Dispute Resolution.                               designation order.                                    (initiating pleading requirements).
                                                      Form Number: Not applicable.                             47 CFR 1.229(b)(2) requires that, in a             Section 76.7 is used for numerous types
                                                      Type of Review: Extension of a                        program carriage complaint proceeding                 of petitions and special relief petitions,
                                                    currently approved collection.                          filed pursuant to § 76.1302 that the                  including general petitions seeking
                                                      Respondents: Businesses or other for-                 Chief, Media Bureau refers to an                      special relief, waivers, enforcement,
                                                    profit.                                                 administrative law judge for an initial               show cause, forfeiture and declaratory
                                                      Number of Respondents and                             decision, a motion to enlarge, change, or             ruling procedures.
                                                    Responses: 684 respondents; 684                         delete issues shall be filed within 15                   47 CFR 76.7(g)(2) provides that, in a
                                                    responses.                                              calendar days after the deadline for                  proceeding initiated pursuant to § 76.7
                                                      Estimated Time per Response: 6.4 to                   submitting written appearances                        that is referred to an administrative law
                                                    95.4 hours.                                             pursuant to § 1.221(h), except that                   judge, the parties may elect to resolve
                                                      Frequency of Response: On occasion                    persons not named as parties to the                   the dispute through alternative dispute
                                                    reporting requirement; Third party                      proceeding in the designation order may               resolution procedures, or may proceed
                                                    disclosure requirement.                                 file such motions with their petitions to             with an adjudicatory hearing, provided
                                                      Obligation to Respond: Required to                    intervene up to 30 days after publication             that the election shall be submitted in
                                                    obtain or retain benefits. The statutory                of the full text or a summary of the                  writing to the Commission and the Chief
                                                    authority for this collection of                        designation order in the Federal                      Administrative Law Judge.
                                                    information is contained in. 47 U.S.C.                  Register.                                                47 CFR 76.9. A party that wishes to
                                                    154(i) and (j), 303(r), 338, 340, 534, 535,                47 CFR 1.229(b)(3) provides that any               have confidentiality for proprietary
                                                    536, 543, 548 and 573.                                  person desiring to file a motion to                   information with respect to a
                                                      Total Annual Burden: 34,816 hours.                    modify the issues after the expiration of             submission it is making to the FCC must
                                                      Total Annual Cost: $3,671,370.                        periods specified in paragraphs (a),                  file a petition pursuant to the pleading
                                                      Privacy Act Impact Assessment: No                     (b)(1), and (b)(2) of § 1.229, shall set              requirements in Section 76.7 and use
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                                                    impact(s).                                              forth the reason why it was not possible              the method described in Sections 0.459
                                                      Nature and Extent of Confidentiality:                 to file the motion within the prescribed              and 76.9 to demonstrate that
                                                    A party that wishes to have                             period.                                               confidentiality is warranted. The
                                                    confidentiality for proprietary                            47 CFR 1.248(a) provides that the                  petitions filed pursuant to this provision
                                                    information with respect to a                           initial prehearing conference as directed             are contained in the existing
                                                    submission it is making to the                          by the Commission shall be scheduled                  information collection requirement and
                                                    Commission must file a petition                         30 days after the effective date of the               are not changed by the rule changes.
                                                    pursuant to the pleading requirements                   order designating a case for hearing,                    47 CFR 76.61(a) permits a local
                                                    in Section 76.7 and use the method                      unless good cause is shown for                        commercial television station or


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                                                    40764                        Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

                                                    qualified low power television station                  access to cable programming rules to                  provisions contained in Sections
                                                    that is denied carriage or channel                      commence an adjudicatory proceeding                   76.1001 or 76.1002 of this part. The
                                                    positioning or repositioning in                         at the FCC to obtain enforcement of the               notice must be sufficiently detailed so
                                                    accordance with the must-carry rules by                 rules through the filing of a complaint,              that its recipient(s) can determine the
                                                    a cable operator to file a complaint with               which must be filed and responded to                  nature of the potential complaint. The
                                                    the FCC in accordance with the                          in accordance with the procedures                     potential complainant must allow a
                                                    procedures set forth in Section 76.7.                   specified in Section 76.7, except to the              minimum of ten (10) days for the
                                                    Section 76.61(b) permits a qualified                    extent such procedures are modified by                potential defendant(s) to respond before
                                                    local noncommercial educational                         Section 76.1003.                                      filing a complaint with the Commission.
                                                    television station that believes a cable                   47 CFR 76.1001(b)(2) permits any                      47 CFR 76.1003(c) describes the
                                                    operator has failed to comply with the                  multichannel video programming                        required contents of a program access
                                                    FCC’s signal carriage or channel                        distributor to commence an                            complaint, in addition to the
                                                    positioning requirements (Sections                      adjudicatory proceeding by filing a                   requirements of Section 76.7 of this
                                                    76.56 through 76.57) to file a complaint                complaint with the Commission alleging                part.
                                                    with the FCC in accordance with the                     that a cable operator, a satellite cable                 47 CFR 76.1003(c)(3) requires a
                                                    procedures set forth in Section 76.7.                   programming vendor in which a cable                   program access complaint to contain
                                                       47 CFR 76.61(a)(1) states that                       operator has an attributable interest, or             evidence that the complainant competes
                                                    whenever a local commercial television                  a satellite broadcast programming                     with the defendant cable operator, or
                                                    station or a qualified low power                        vendor, has engaged in an unfair act                  with a multichannel video programming
                                                    television station believes that a cable                involving terrestrially delivered, cable-             distributor that is a customer of the
                                                    operator has failed to meet its carriage                affiliated programming, which must be                 defendant satellite cable programming
                                                    or channel positioning obligations,                     filed and responded to in accordance                  or satellite broadcast programming
                                                    pursuant to Sections 76.56 and 76.57,                   with the procedures specified in § 76.7,              vendor or a terrestrial cable
                                                    such station shall notify the operator, in              except to the extent such procedures are              programming vendor alleged to have
                                                    writing, of the alleged failure and                     modified by §§ 76.1001(b)(2) and                      engaged in conduct described in
                                                    identify its reasons for believing that the             76.1003. In program access cases                      § 76.1001(b)(1).
                                                    cable operator is obligated to carry the                involving terrestrially delivered, cable-                47 CFR 76.1003(d) states that, in a
                                                    signal of such station or position such                 affiliated programming, the defendant                 case where recovery of damages is
                                                    signal on a particular channel.                         has 45 days from the date of service of               sought, the complaint shall contain a
                                                       47 CFR 76.61(a)(2) states that the                   the complaint to file an answer, unless               clear and unequivocal request for
                                                    cable operator shall, within 30 days of                 otherwise directed by the Commission.                 damages and appropriate allegations in
                                                    receipt of such written notification,                   A complainant shall have the burden of                support of such claim.
                                                    respond in writing to such notification                 proof that the defendant’s alleged                       47 CFR 76.1003(e)(1) requires cable
                                                    and either commence to carry the signal                 conduct has the purpose or effect of                  operators, satellite cable programming
                                                    of such station in accordance with the                  hindering significantly or preventing the             vendors, or satellite broadcast
                                                    terms requested or state its reasons for                complainant from providing satellite                  programming vendors whom expressly
                                                    believing that it is not obligated to carry             cable programming or satellite broadcast              reference and rely upon a document in
                                                    such signal or is in compliance with the                programming to subscribers or                         asserting a defense to a program access
                                                    channel positioning and repositioning                   consumers; an answer to such a                        complaint filed or in responding to a
                                                    and other requirements of the must-                     complaint shall set forth the defendant’s             material allegation in a program access
                                                    carry rules. If a refusal for carriage is               reasons to support a finding that the                 complaint filed pursuant to Section
                                                    based on the station’s distance from the                complainant has not carried this                      76.1003, to include such document or
                                                    cable system’s principal headend, the                   burden. In addition, a complainant                    documents, such as contracts for
                                                    operator’s response shall include the                   alleging that a terrestrial cable                     carriage of programming referenced and
                                                    location of such headend. If a cable                    programming vendor has engaged in                     relied on, as part of the answer. Except
                                                    operator denies carriage on the basis of                discrimination shall have the burden of               as otherwise provided or directed by the
                                                    the failure of the station to deliver a                 proof that the terrestrial cable                      Commission, any cable operator,
                                                    good quality signal at the cable system’s               programming vendor is wholly owned                    satellite cable programming vendor or
                                                    principal headend, the cable operator                   by, controlled by, or under common                    satellite broadcast programming vendor
                                                    must provide a list of equipment used                   control with a cable operator or cable                upon which a program access complaint
                                                    to make the measurements, the point of                  operators, satellite cable programming                is served under this section shall answer
                                                    measurement and a list and detailed                     vendor or vendors in which a cable                    within twenty (20) days of service of the
                                                    description of the reception and over-                  operator has an attributable interest, or             complaint, provided that the answer
                                                    the-air signal processing equipment                     satellite broadcast programming vendor                shall be filed within forty-five (45) days
                                                    used, including sketches such as block                  or vendors; an answer to such a                       of service of the complaint if the
                                                    diagrams and a description of the                       complaint shall set forth the defendant’s             complaint alleges a violation of Section
                                                    methodology used for processing the                     reasons to support a finding that the                 628(b) of the Communications Act of
                                                    signal at issue, in its response.                       complainant has not carried this                      1934, as amended, or Section
                                                       47 CFR 76.914(c) permits a cable                     burden.                                               76.1001(a).
                                                    operator seeking revocation of a                           47 CFR 76.1003(b) requires any                        47 CFR 76.1003(e)(2) requires an
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                                                    franchising authority’s certification to                aggrieved MVPD intending to file a                    answer to an exclusivity complaint to
                                                    file a petition with the FCC in                         complaint under this section to first                 provide the defendant’s reasons for
                                                    accordance with the procedures set                      notify the potential defendant cable                  refusing to sell the subject programming
                                                    forth in Section 76.7.                                  operator, and/or the potential defendant              to the complainant. In addition, the
                                                       47 CFR 76.1003(a) permits any                        satellite cable programming vendor or                 defendant may submit its programming
                                                    multichannel video programming                          satellite broadcast programming vendor,               contracts covering the area specified in
                                                    distributor (MVPD) aggrieved by                         that it intends to file a complaint with              the complaint with its answer to refute
                                                    conduct that it believes constitute a                   the Commission based on actions                       allegations concerning the existence of
                                                    violation of the FCC’s competitive                      alleged to violate one or more of the                 an impermissible exclusive contract. If


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                                                                                 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices                                             40765

                                                    there are no contracts governing the                    for discovery material, may be deemed                 distributor the defendant is, and the
                                                    specified area, the defendant shall so                  in default and an order may be entered                address and telephone number of each
                                                    certify in its answer. Any contracts                    in accordance with the allegations                    defendant.
                                                    submitted pursuant to this provision                    contained in the complaint, or the                       47 CFR 76.1302(d) sets forth the
                                                    may be protected as proprietary                         complaint may be dismissed with                       evidence that a program carriage
                                                    pursuant to Section 76.9 of this part.                  prejudice.                                            complaint filed pursuant to § 76.1302
                                                       47 CFR 76.1003(e)(3) requires an                        47 CFR 76.1003(l) permits a program                must contain in order to establish a
                                                    answer to a discrimination complaint to                 access complainant seeking renewal of                 prima facie case of a violation of
                                                    state the reasons for any differential in               an existing programming contract to file              § 76.1301.
                                                    prices, terms or conditions between the                 a petition along with its complaint                      47 CFR 76.1302(e)(1) provides that a
                                                    complainant and its competitor, and to                  requesting a temporary standstill of the              multichannel video programming
                                                    specify the particular justification set                price, terms, and other conditions of the             distributor upon whom a program
                                                    forth in Section 76.1002(b) of this part                existing programming contract pending                 carriage complaint filed pursuant to
                                                    relied upon in support of the                           resolution of the complaint, to which                 § 76.1302 is served shall answer within
                                                    differential.                                           the defendant will have the opportunity               sixty (60) days of service of the
                                                       47 CFR 76.1003(e)(4) requires an                     to respond within 10 days of service of               complaint, unless otherwise directed by
                                                    answer to a complaint alleging an                       the petition, unless otherwise directed               the Commission.
                                                    unreasonable refusal to sell                            by the Commission.                                       47 CFR 76.1302(e)(2) states that an
                                                    programming to state the defendant’s                       47 CFR 76.1302(a) states that any                  answer to a program carriage complaint
                                                    reasons for refusing to sell to the                     video programming vendor or                           shall address the relief requested in the
                                                    complainant, or for refusing to sell to                 multichannel video programming                        complaint, including legal and
                                                    the complainant on the same terms and                   distributor aggrieved by conduct that it              documentary support, for such
                                                    conditions as complainant’s competitor,                 believes constitute a violation of the                response, and may include an
                                                    and to specify why the defendant’s                      regulations set forth in this subpart may
                                                                                                                                                                  alternative relief proposal without any
                                                    actions are not discriminatory.                         commence an adjudicatory proceeding
                                                                                                                                                                  prejudice to any denials or defenses
                                                       47 CFR 76.1003(f) provides that,                     at the Commission to obtain
                                                    within fifteen (15) days after service of                                                                     raised.
                                                                                                            enforcement of the rules through the
                                                    an answer, unless otherwise directed by                                                                          47 CFR 76.1302(f) states that within
                                                                                                            filing of a complaint. The complaint
                                                    the Commission, the complainant may                                                                           twenty (20) days after service of an
                                                                                                            shall be filed and responded to in
                                                    file and serve a reply which shall be                                                                         answer, unless otherwise directed by
                                                                                                            accordance with the procedures
                                                    responsive to matters contained in the                  specified in Section 76.7, except to the              the Commission, the complainant may
                                                    answer and shall not contain new                        extent such procedures are modified by                file and serve a reply which shall be
                                                    matters.                                                Section 76.1302.                                      responsive to matters contained in the
                                                       47 CFR 76.1003(g) states that any                       47 CFR 76.1302(b) states that any                  answer and shall not contain new
                                                    complaint filed pursuant to this                        aggrieved video programming vendor or                 matters.
                                                    subsection must be filed within one year                multichannel video programming                           47 CFR 76.1302(h) states that any
                                                    of the date on which one of three                       distributor intending to file a complaint             complaint filed pursuant to this
                                                    specified events occurs.                                under this section must first notify the              subsection must be filed within one year
                                                       47 CFR 76.1003(h) sets forth the                     potential defendant multichannel video                of the date on which one of three events
                                                    remedies that are available for violations              programming distributor that it intends               occurs.
                                                    of the program access rules, which                      to file a complaint with the Commission                  47 CFR 76.1302(j)(1) states that upon
                                                    include the imposition of damages, and/                 based on actions alleged to violate one               completion of such adjudicatory
                                                    or the establishment of prices, terms,                  or more of the provisions contained in                proceeding, the Commission shall order
                                                    and conditions for the sale of                          Section 76.1301 of this part. The notice              appropriate remedies, including, if
                                                    programming to the aggrieved                            must be sufficiently detailed so that its             necessary, mandatory carriage of a video
                                                    multichannel video programming                          recipient(s) can determine the specific               programming vendor’s programming on
                                                    distributor, as well as sanctions                       nature of the potential complaint. The                defendant’s video distribution system,
                                                    available under title V or any other                    potential complainant must allow a                    or the establishment of prices, terms,
                                                    provision of the Communications Act.                    minimum of ten (10) days for the                      and conditions for the carriage of a
                                                       47 CFR 76.1003(j) states in addition to              potential defendant(s) to respond before              video programming vendor’s
                                                    the general pleading and discovery rules                filing a complaint with the Commission.               programming.
                                                    contained in § 76.7 of this part, parties                  47 CFR 76.1302(c) specifies the                       47 CFR 76.1302(k) permits a program
                                                    to a program access complaint may                       content of carriage agreement                         carriage complainant seeking renewal of
                                                    serve requests for discovery directly on                complaints, in addition to the                        an existing programming contract to file
                                                    opposing parties, and file a copy of the                requirements of Section 76.7 of this                  a petition along with its complaint
                                                    request with the Commission. The                        part.                                                 requesting a temporary standstill of the
                                                    respondent shall have the opportunity                      47 CFR 76.1302(c)(1) provides that a               price, terms, and other conditions of the
                                                    to object to any request for documents                  program carriage complaint filed                      existing programming contract pending
                                                    that are not in its control or relevant to              pursuant to § 76.1302 must contain the                resolution of the complaint, to which
                                                    the dispute. Such request shall be heard,               following: Whether the complainant is a               the defendant will have the opportunity
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                                                    and determination made, by the                          multichannel video programming                        to respond within 10 days of service of
                                                    Commission. Until the objection is ruled                distributor or video programming                      the petition, unless otherwise directed
                                                    upon, the obligation to produce the                     vendor, and, in the case of a                         by the Commission. To allow for
                                                    disputed material is suspended. Any                     multichannel video programming                        sufficient time to consider the petition
                                                    party who fails to timely provide                       distributor, identify the type of                     for temporary standstill prior to the
                                                    discovery requested by the opposing                     multichannel video programming                        expiration of the existing programming
                                                    party to which it has not raised an                     distributor, the address and telephone                contract, the petition for temporary
                                                    objection as described above, or who                    number of the complainant, what type                  standstill and complaint shall be filed
                                                    fails to respond to a Commission order                  of multichannel video programming                     no later than thirty (30) days prior to the


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                                                    40766                        Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

                                                    expiration of the existing programming                  Federal Communications Commission.                    Florida (‘‘the Receiver’’) intends to
                                                    contract.                                               Sheryl D. Todd,                                       terminate its receivership for said
                                                       47 CFR 76.1513(a) permits any party                  Deputy Secretary, Office of the Secretary.            institution. The FDIC was appointed
                                                    aggrieved by conduct that it believes                   [FR Doc. 2017–18210 Filed 8–25–17; 8:45 am]           Receiver of Sterling Bank on July 23,
                                                    constitute a violation of the FCC’s                     BILLING CODE 6712–01–P                                2010. The liquidation of the
                                                    regulations or in section 653 of the                                                                          receivership assets has been completed.
                                                    Communications Act (47 U.S.C. 573) to                                                                         To the extent permitted by available
                                                    commence an adjudicatory proceeding                                                                           funds and in accordance with law, the
                                                                                                            FEDERAL DEPOSIT INSURANCE
                                                    at the Commission to obtain                                                                                   Receiver will be making a final dividend
                                                                                                            CORPORATION
                                                    enforcement of the rules through the                                                                          payment to proven creditors.
                                                    filing of a complaint, which must be                    Notice to All Interested Parties of the                  Based upon the foregoing, the
                                                    filed and responded to in accordance                    Termination of the Receivership of                    Receiver has determined that the
                                                    with the procedures specified in Section                10178—American Marine Bank,                           continued existence of the receivership
                                                    76.7, except to the extent such                         Bainbridge Island, Washington                         will serve no useful purpose.
                                                    procedures are modified by Section                                                                            Consequently, notice is given that the
                                                    76.1513.                                                   Notice is hereby given that the Federal            receivership shall be terminated, to be
                                                       47 CFR 76.1513(b) provides that an                   Deposit Insurance Corporation (FDIC) as               effective no sooner than thirty days after
                                                    open video system operator may not                      Receiver for American Marine Bank,                    the date of this notice. If any person
                                                    provide in its carriage contracts with                  Bainbridge Island, Washington (‘‘the                  wishes to comment concerning the
                                                    programming providers that any dispute                  Receiver’’) intends to terminate its                  termination of the receivership, such
                                                    must be submitted to arbitration,                       receivership for said institution. The                comment must be made in writing and
                                                    mediation, or any other alternative                     FDIC was appointed Receiver of                        sent within thirty days of the date of
                                                    method for dispute resolution prior to                  American Marine Bank on January 29,                   this notice to: Federal Deposit Insurance
                                                    submission of a complaint to the                        2010. The liquidation of the                          Corporation, Division of Resolutions
                                                    Commission.                                             receivership assets has been completed.               and Receiverships, Attention:
                                                       47 CFR 76.1513(c) requires that any                  To the extent permitted by available
                                                                                                                                                                  Receivership Oversight Department
                                                    aggrieved party intending to file a                     funds and in accordance with law, the
                                                                                                                                                                  34.6, 1601 Bryan Street, Dallas, TX
                                                    complaint under this section must first                 Receiver will be making a final dividend
                                                                                                                                                                  75201.
                                                    notify the potential defendant open                     payment to proven creditors.                             No comments concerning the
                                                    video system operator that it intends to                   Based upon the foregoing, the
                                                                                                                                                                  termination of this receivership will be
                                                    file a complaint with the Commission                    Receiver has determined that the
                                                                                                                                                                  considered which are not sent within
                                                    based on actions alleged to violate one                 continued existence of the receivership
                                                                                                                                                                  this time frame.
                                                    or more of the provisions contained in                  will serve no useful purpose.
                                                                                                            Consequently, notice is given that the                  Dated: August 23, 2017.
                                                    this part or in Section 653 of the
                                                                                                            receivership shall be terminated, to be               Federal Deposit Insurance Corporation.
                                                    Communications Act. The notice must
                                                    be in writing and must be sufficiently                  effective no sooner than thirty days after            Robert E. Feldman,
                                                    detailed so that its recipient(s) can                   the date of this notice. If any person                Executive Secretary.
                                                    determine the specific nature of the                    wishes to comment concerning the                      [FR Doc. 2017–18154 Filed 8–25–17; 8:45 am]
                                                    potential complaint. The potential                      termination of the receivership, such                 BILLING CODE 6714–01–P
                                                    complainant must allow a minimum of                     comment must be made in writing and
                                                    ten (10) days for the potential                         sent within thirty days of the date of
                                                    defendant(s) to respond before filing a                 this notice to: Federal Deposit Insurance             FEDERAL DEPOSIT INSURANCE
                                                    complaint with the Commission.                          Corporation, Division of Resolutions                  CORPORATION
                                                       47 CFR 76.1513(d) describes the                      and Receiverships, Attention:
                                                    contents of an open video system                        Receivership Oversight Department                     Notice to All Interested Parties of the
                                                    complaint.                                              34.6, 1601 Bryan Street, Dallas, TX                   Termination of the Receivership of
                                                       47 CFR 76.1513(e) addresses answers                  75201.                                                10509—Northern Star Bank, Mankato,
                                                    to open video system complaints.                           No comments concerning the                         Minnesota
                                                       47 CFR 76.1513(f) states within                      termination of this receivership will be
                                                    twenty (20) days after service of an                    considered which are not sent within                     Notice is hereby given that the Federal
                                                    answer, the complainant may file and                    this time frame.                                      Deposit Insurance Corporation (FDIC) as
                                                    serve a reply which shall be responsive                   Dated: August 23, 2017.                             Receiver for Northern Star Bank, Mankato,
                                                    to matters contained in the answer and                                                                        Minnesota (‘‘the Receiver’’) intends to
                                                                                                            Federal Deposit Insurance Corporation.                terminate its receivership for said institution.
                                                    shall not contain new matters.                                                                                The FDIC was appointed Receiver of
                                                                                                            Robert E. Feldman,
                                                       47 CFR 76.1513(g) requires that any                                                                        Northern Star Bank on December 19, 2014.
                                                    complaint filed pursuant to this                        Executive Secretary.
                                                                                                                                                                  The liquidation of the receivership assets has
                                                    subsection must be filed within one year                [FR Doc. 2017–18152 Filed 8–25–17; 8:45 am]
                                                                                                                                                                  been completed. To the extent permitted by
                                                    of the date on which one of three events                BILLING CODE 6714–01–P
                                                                                                                                                                  available funds and in accordance with law,
                                                    occurs.                                                                                                       the Receiver will be making a final dividend
                                                       47 CFR 76.1513(h) states that upon                                                                         payment to proven creditors.
                                                                                                            FEDERAL DEPOSIT INSURANCE
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    completion of the adjudicatory                                                                                   Based upon the foregoing, the Receiver has
                                                    proceeding, the Commission shall order                  CORPORATION                                           determined that the continued existence of
                                                    appropriate remedies, including, if                                                                           the receivership will serve no useful purpose.
                                                                                                            Notice to All Interested Parties of the               Consequently, notice is given that the
                                                    necessary, the requiring carriage,
                                                                                                            Termination of the Receivership of                    receivership shall be terminated, to be
                                                    awarding damages to any person denied                                                                         effective no sooner than thirty days after the
                                                                                                            10268—Sterling Bank, Lantana, Florida
                                                    carriage, or any combination of such                                                                          date of this notice. If any person wishes to
                                                    sanctions. Such order shall set forth a                   Notice is hereby given that the Federal             comment concerning the termination of the
                                                    timetable for compliance, and shall                     Deposit Insurance Corporation (FDIC) as               receivership, such comment must be made in
                                                    become effective upon release.                          Receiver for Sterling Bank, Lantana,                  writing and sent within thirty days of the



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Document Created: 2017-08-28 11:30:40
Document Modified: 2017-08-28 11:30:40
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 October 27, 2017. 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 about the information collection, contact Cathy Williams at (202) 418-2918.
FR Citation82 FR 40762 

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