82_FR_52942 82 FR 52724 - Information Collection Being Submitted for Review and Approval to the Office of Management and Budget

82 FR 52724 - Information Collection Being Submitted for Review and Approval to the Office of Management and Budget

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range52724-52728
FR Document2017-24632

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 Commission 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 218 (Tuesday, November 14, 2017)
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Pages 52724-52728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24632]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0888]


Information Collection Being Submitted for Review and Approval to 
the Office of Management and Budget

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 (PRA) of 1995, the 
Federal Communications Commission (FCC or the Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collection. 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 Commission 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 December 14, 
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 listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via 
email Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via 
email PRA@fcc.gov and to Cathy.Williams@fcc.gov. Include in the 
comments the OMB control number as shown in the SUPPLEMENTARY 
INFORMATION below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION: As part of its continuing effort to reduce 
paperwork burdens, and as required by the Paperwork Reduction Act (PRA) 
of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission 
(FCC or the Commission) invites the general public and other Federal 
agencies to take this opportunity to comment on the following 
information collection. Comments are requested concerning: Whether the 
proposed collection of information is necessary for the proper

[[Page 52725]]

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 
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.

[[Page 52726]]

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 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.

[[Page 52727]]

    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 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

[[Page 52728]]

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.
Katura Jackson,
Federal Register Liaison Officer Office of the Secretary.
[FR Doc. 2017-24632 Filed 11-13-17; 8:45 am]
 BILLING CODE 6712-01-P



                                               52724                      Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices

                                               respondents are not being asked to                      power determination due to technical                  including the use of automated
                                               submit confidential information to the                  reasons, the indirect method of                       collection techniques or other forms of
                                               Commission.                                             determining antenna input power might                 information technology; and ways to
                                                  Needs and Uses: The information                      be used on a temporary basis. 47 CFR                  further reduce the information
                                               collection requirements contained in                    Section 73.51(d) requires that a notation             collection burden on small business
                                               this collection are covered in 47 CFR                   be made in the station log indicating the             concerns with fewer than 25 employees.
                                               73.3544(b) requires an informal                         dates of commencement and                                The Commission may not conduct or
                                               application, see Sec. 73.3511(b), may be                termination of measurement using the                  sponsor a collection of information
                                               filed with the FCC in Washington, DC,                   indirect method of power                              unless it displays a currently valid
                                               Attention: Audio Division (radio) or                    determination. 47 CFR Section 73.51(e)                Office of Management and Budget
                                               Video Division (television), Media                      requires that AM stations determining                 (OMB) control number. No person shall
                                               Bureau, to cover the following changes:                 the antenna input power by the indirect               be subject to any penalty for failing to
                                                  (1) A correction of the routing                      method must determine the value F                     comply with a collection of information
                                               instructions and description of an AM                   (efficiency factor) applicable to each                subject to the PRA that does not display
                                               station directional antenna system field                mode of operation and must maintain a                 a valid OMB control number.
                                               monitoring point, when the point itself                 record thereof with a notation of its                 DATES: Written comments should be
                                               is not changed.                                         derivation. FCC staff use this                        submitted on or before December 14,
                                                  (2) A change in the type of AM station               information in field investigations to                2017. If you anticipate that you will be
                                               directional antenna monitor. See Sec.                   monitor licensees’ compliance with the                submitting comments, but find it
                                               73.69.                                                  FCC’s technical rules and to ensure that              difficult to do so within the period of
                                                  (3) A change in the location of the                  licensee is operating in accordance with              time allowed by this notice, you should
                                               station main studio when prior                          its station authorization. Station                    advise the contacts listed below as soon
                                               authority to move the main studio                       personnel use the value F (efficiency                 as possible.
                                               location is not required.                               factor) in the event that measurement by              ADDRESSES: Direct all PRA comments to
                                                  (4) The location of a remote control                 the indirect method of power is                       Nicholas A. Fraser, OMB, via email
                                               point of an AM or FM station when                       necessary.                                            Nicholas_A._Fraser@omb.eop.gov; and
                                               prior authority to operate by remote                    Federal Communications Commission.                    to Cathy Williams, FCC, via email PRA@
                                               control is not required.                                Marlene H. Dortch,
                                                                                                                                                             fcc.gov and to Cathy.Williams@fcc.gov.
                                                  Also, information collection                                                                               Include in the comments the OMB
                                                                                                       Secretary.
                                               requirements are contained in 47 CFR                                                                          control number as shown in the
                                               73.3544(c) which requires a change in                     Office of the Secretary.                            SUPPLEMENTARY INFORMATION below.
                                                                                                       [FR Doc. 2017–24616 Filed 11–13–17; 8:45 am]
                                               the name of the licensee where no                                                                             FOR FURTHER INFORMATION CONTACT: For
                                                                                                       BILLING CODE 6712–01–P
                                               change in ownership or control is                                                                             additional information or copies of the
                                               involved may be accomplished by                                                                               information collection, contact Cathy
                                               written notification by the licensee to                 FEDERAL COMMUNICATIONS                                Williams at (202) 418–2918. To view a
                                               the Commission.                                         COMMISSION                                            copy of this information collection
                                                  OMB Control Number: 3060–0340.                                                                             request (ICR) submitted to OMB: (1) Go
                                                  Title: Section 73.51, Determining                    [OMB 3060–0888]                                       to the Web page http://www.reginfo.gov/
                                               Operating Power.                                                                                              public/do/PRAMain, (2) look for the
                                                                                                       Information Collection Being                          section of the Web page called
                                                  Form Number: N/A.
                                                                                                       Submitted for Review and Approval to                  ‘‘Currently Under Review,’’ (3) click on
                                                  Type of Review: Extension of a
                                                                                                       the Office of Management and Budget                   the downward-pointing arrow in the
                                               currently approved collection.
                                                  Respondents: Business or other for-                  AGENCY: Federal Communications                        ‘‘Select Agency’’ box below the
                                               profit entities.                                        Commission.                                           ‘‘Currently Under Review’’ heading, (4)
                                                  Number of Respondents and                            ACTION: Notice and request for
                                                                                                                                                             select ‘‘Federal Communications
                                               Responses: 750 respondents; 834                         comments.                                             Commission’’ from the list of agencies
                                               responses.                                                                                                    presented in the ‘‘Select Agency’’ box,
                                                  Estimated Time per Response: 0.25 to                 SUMMARY:   As part of its continuing effort           (5) click the ‘‘Submit’’ button to the
                                               3.0 hours.                                              to reduce paperwork burdens, and as                   right of the ‘‘Select Agency’’ box, (6)
                                                  Frequency of Response:                               required by the Paperwork Reduction                   when the list of FCC ICRs currently
                                               Recordkeeping requirement.                              Act (PRA) of 1995, the Federal                        under review appears, look for the OMB
                                                  Obligation to Respond: Required to                   Communications Commission (FCC or                     control number of this ICR and then
                                               obtain or retain benefits. The statutory                the Commission) invites the general                   click on the ICR Reference Number. A
                                               authority for this collection of                        public and other Federal agencies to                  copy of the FCC submission to OMB
                                               information is contained in Section                     take this opportunity to comment on the               will be displayed.
                                               154(i) of the Communications Act of                     following information collection.                     SUPPLEMENTARY INFORMATION: As part of
                                               1934, as amended.                                       Comments are requested concerning:                    its continuing effort to reduce
                                                  Total Annual Burden: 440 hours.                      Whether the proposed collection of                    paperwork burdens, and as required by
                                                  Total Annual Cost: None.                             information is necessary for the proper               the Paperwork Reduction Act (PRA) of
                                                  Privacy Impact Assessment(s): No                     performance of the functions of the                   1995 (44 U.S.C. 3501–3520), the Federal
                                               impact(s).                                              Commission, including whether the                     Communications Commission (FCC or
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                                                  Nature and Extent of Confidentiality:                information shall have practical utility;             the Commission) invites the general
                                               There is no need for confidentiality and                the accuracy of the Commission’s                      public and other Federal agencies to
                                               respondents are not being asked to                      burden estimate; ways to enhance the                  take this opportunity to comment on the
                                               submit confidential information to the                  quality, utility, and clarity of the                  following information collection.
                                               Commission.                                             information collected; ways to minimize               Comments are requested concerning:
                                                  Needs and Uses: When it is not                       the burden of the collection of                       Whether the proposed collection of
                                               possible to use the direct method of                    information on the respondents,                       information is necessary for the proper


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                                                                          Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices                                           52725

                                               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
                                               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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                                               described in Sections 0.459 and 76.9 to                 scheduling such conference at a later                 qualified low power television station
                                               demonstrate that confidentiality is                     date, except that for program carriage                that is denied carriage or channel
                                               warranted.                                              complaints filed pursuant to § 76.1302                positioning or repositioning in
                                                 Needs and Uses: Commission rules                      that the Chief, Media Bureau refers to an             accordance with the must-carry rules by
                                               specify pleading and other procedural                   administrative law judge for an initial               a cable operator to file a complaint with
                                               requirements for parties filing petitions               decision, the initial prehearing                      the FCC in accordance with the
                                               or complaints under Part 76 of the                      conference shall be held no later than 10             procedures set forth in Section 76.7.


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                                               52726                      Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices

                                               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
                                               and either commence to carry the signal                                                                          47 CFR 76.1003(e)(1) requires cable
                                                                                                       conduct has the purpose or effect of
                                               of such station in accordance with the                                                                        operators, satellite cable programming
                                                                                                       hindering significantly or preventing the
                                               terms requested or state its reasons for                                                                      vendors, or satellite broadcast
                                                                                                       complainant from providing satellite
                                               believing that it is not obligated to carry                                                                   programming vendors whom expressly
                                                                                                       cable programming or satellite broadcast
                                               such signal or is in compliance with the                                                                      reference and rely upon a document in
                                                                                                       programming to subscribers or
                                               channel positioning and repositioning                                                                         asserting a defense to a program access
                                                                                                       consumers; an answer to such a
                                               and other requirements of the must-                                                                           complaint filed or in responding to a
                                                                                                       complaint shall set forth the defendant’s
                                               carry rules. If a refusal for carriage is               reasons to support a finding that the                 material allegation in a program access
                                               based on the station’s distance from the                complainant has not carried this                      complaint filed pursuant to Section
                                               cable system’s principal headend, the                   burden. In addition, a complainant                    76.1003, to include such document or
                                               operator’s response shall include the                   alleging that a terrestrial cable                     documents, such as contracts for
                                               location of such headend. If a cable                    programming vendor has engaged in                     carriage of programming referenced and
                                               operator denies carriage on the basis of                discrimination shall have the burden of               relied on, as part of the answer. Except
                                               the failure of the station to deliver a                 proof that the terrestrial cable                      as otherwise provided or directed by the
                                               good quality signal at the cable system’s               programming vendor is wholly owned                    Commission, any cable operator,
                                               principal headend, the cable operator                   by, controlled by, or under common                    satellite cable programming vendor or
                                               must provide a list of equipment used                   control with a cable operator or cable                satellite broadcast programming vendor
                                               to make the measurements, the point of                  operators, satellite cable programming                upon which a program access complaint
                                               measurement and a list and detailed                     vendor or vendors in which a cable                    is served under this section shall answer
                                               description of the reception and over-                  operator has an attributable interest, or             within twenty (20) days of service of the
                                               the-air signal processing equipment                     satellite broadcast programming vendor                complaint, provided that the answer
                                               used, including sketches such as block                  or vendors; an answer to such a                       shall be filed within forty-five (45) days
                                               diagrams and a description of the                       complaint shall set forth the defendant’s             of service of the complaint if the
                                               methodology used for processing the                     reasons to support a finding that the                 complaint alleges a violation of Section
                                               signal at issue, in its response.                       complainant has not carried this                      628(b) of the Communications Act of
                                                  47 CFR 76.914(c) permits a cable                     burden.                                               1934, as amended, or Section
                                               operator seeking revocation of a                           47 CFR 76.1003(b) requires any                     76.1001(a).
                                               franchising authority’s certification to                aggrieved MVPD intending to file a                       47 CFR 76.1003(e)(2) requires an
                                               file a petition with the FCC in                         complaint under this section to first                 answer to an exclusivity complaint to
                                               accordance with the procedures set                      notify the potential defendant cable                  provide the defendant’s reasons for
                                               forth in Section 76.7.                                  operator, and/or the potential defendant              refusing to sell the subject programming
                                                  47 CFR 76.1003(a) permits any                        satellite cable programming vendor or                 to the complainant. In addition, the
                                               multichannel video programming                          satellite broadcast programming vendor,               defendant may submit its programming
                                               distributor (MVPD) aggrieved by                         that it intends to file a complaint with              contracts covering the area specified in
                                               conduct that it believes constitute a                   the Commission based on actions                       the complaint with its answer to refute
                                               violation of the FCC’s competitive                      alleged to violate one or more of the                 allegations concerning the existence of
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                                               access to cable programming rules to                    provisions contained in Sections                      an impermissible exclusive contract. If
                                               commence an adjudicatory proceeding                     76.1001 or 76.1002 of this part. The                  there are no contracts governing the
                                               at the FCC to obtain enforcement of the                 notice must be sufficiently detailed so               specified area, the defendant shall so
                                               rules through the filing of a complaint,                that its recipient(s) can determine the               certify in its answer. Any contracts
                                               which must be filed and responded to                    nature of the potential complaint. The                submitted pursuant to this provision
                                               in accordance with the procedures                       potential complainant must allow a                    may be protected as proprietary
                                               specified in Section 76.7, except to the                minimum of ten (10) days for the                      pursuant to Section 76.9 of this part.


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                                                                          Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices                                            52727

                                                  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                           raised.
                                               within fifteen (15) days after service of               enforcement of the rules through the                     47 CFR 76.1302(f) states that within
                                               an answer, unless otherwise directed by                 filing of a complaint. The complaint                  twenty (20) days after service of an
                                               the Commission, the complainant may                     shall be filed and responded to in                    answer, unless otherwise directed by
                                               file and serve a reply which shall be                   accordance with the procedures                        the Commission, the complainant may
                                               responsive to matters contained in the                  specified in Section 76.7, except to the              file and serve a reply which shall be
                                               answer and shall not contain new                        extent such procedures are modified by                responsive to matters contained in the
                                               matters.                                                Section 76.1302.                                      answer and shall not contain new
                                                  47 CFR 76.1003(g) states that any                       47 CFR 76.1302(b) states that any                  matters.
                                               complaint filed pursuant to this                        aggrieved video programming vendor or                    47 CFR 76.1302(h) states that any
                                               subsection must be filed within one year                multichannel video programming                        complaint filed pursuant to this
                                               of the date on which one of three                       distributor intending to file a complaint             subsection must be filed within one year
                                               specified events occurs.                                under this section must first notify the              of the date on which one of three events
                                                  47 CFR 76.1003(h) sets forth the                     potential defendant multichannel video                occurs.
                                               remedies that are available for violations              programming distributor that it intends                  47 CFR 76.1302(j)(1) states that upon
                                               of the program access rules, which                      to file a complaint with the Commission               completion of such adjudicatory
                                               include the imposition of damages, and/                 based on actions alleged to violate one               proceeding, the Commission shall order
                                               or the establishment of prices, terms,                  or more of the provisions contained in                appropriate remedies, including, if
                                               and conditions for the sale of                          Section 76.1301 of this part. The notice              necessary, mandatory carriage of a video
                                               programming to the aggrieved                            must be sufficiently detailed so that its             programming vendor’s programming on
                                               multichannel video programming                          recipient(s) can determine the specific               defendant’s video distribution system,
                                               distributor, as well as sanctions                       nature of the potential complaint. The                or the establishment of prices, terms,
                                               available under title V or any other                    potential complainant must allow a                    and conditions for the carriage of a
                                               provision of the Communications Act.                    minimum of ten (10) days for the                      video programming vendor’s
                                                  47 CFR 76.1003(j) states in addition to              potential defendant(s) to respond before              programming.
                                               the general pleading and discovery rules                filing a complaint with the Commission.                  47 CFR 76.1302(k) permits a program
                                               contained in § 76.7 of this part, parties                  47 CFR 76.1302(c) specifies the                    carriage complainant seeking renewal of
                                               to a program access complaint may                       content of carriage agreement                         an existing programming contract to file
                                               serve requests for discovery directly on                complaints, in addition to the                        a petition along with its complaint
                                               opposing parties, and file a copy of the                requirements of Section 76.7 of this                  requesting a temporary standstill of the
                                               request with the Commission. The                        part.                                                 price, terms, and other conditions of the
                                               respondent shall have the opportunity                      47 CFR 76.1302(c)(1) provides that a               existing programming contract pending
                                               to object to any request for documents                  program carriage complaint filed                      resolution of the complaint, to which
                                               that are not in its control or relevant to              pursuant to § 76.1302 must contain the                the defendant will have the opportunity
                                               the dispute. Such request shall be heard,               following: Whether the complainant is a               to respond within 10 days of service of
                                               and determination made, by the                          multichannel video programming                        the petition, unless otherwise directed
                                               Commission. Until the objection is ruled                distributor or video programming                      by the Commission. To allow for
                                               upon, the obligation to produce the                     vendor, and, in the case of a                         sufficient time to consider the petition
                                               disputed material is suspended. Any                     multichannel video programming                        for temporary standstill prior to the
                                               party who fails to timely provide                       distributor, identify the type of                     expiration of the existing programming
                                               discovery requested by the opposing                     multichannel video programming                        contract, the petition for temporary
                                               party to which it has not raised an                     distributor, the address and telephone                standstill and complaint shall be filed
                                               objection as described above, or who                    number of the complainant, what type                  no later than thirty (30) days prior to the
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                                               fails to respond to a Commission order                  of multichannel video programming                     expiration of the existing programming
                                               for discovery material, may be deemed                   distributor the defendant is, and the                 contract.
                                               in default and an order may be entered                  address and telephone number of each                     47 CFR 76.1513(a) permits any party
                                               in accordance with the allegations                      defendant.                                            aggrieved by conduct that it believes
                                               contained in the complaint, or the                         47 CFR 76.1302(d) sets forth the                   constitute a violation of the FCC’s
                                               complaint may be dismissed with                         evidence that a program carriage                      regulations or in section 653 of the
                                               prejudice.                                              complaint filed pursuant to § 76.1302                 Communications Act (47 U.S.C. 573) to


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                                               52728                      Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices

                                               commence an adjudicatory proceeding                     FEDERAL ELECTION COMMISSION                           Washington, DC 20580, or deliver your
                                               at the Commission to obtain                                                                                   comment to the following address:
                                               enforcement of the rules through the                    Sunshine Act Meeting                                  Federal Trade Commission, Office of the
                                               filing of a complaint, which must be                                                                          Secretary, Constitution Center, 400 7th
                                               filed and responded to in accordance                    FEDERAL REGISTER CITATION NOTICE OF                   Street SW., 5th Floor, Suite 5610
                                               with the procedures specified in Section                PREVIOUS ANNOUNCEMENT: 82 FR 48810.                   (Annex D), Washington, DC 20024.
                                               76.7, except to the extent such                         PREVIOUSLY ANNOUNCED TIME AND DATE OF                 FOR FURTHER INFORMATION CONTACT:
                                               procedures are modified by Section                      THE MEETING: Tuesday, October 24, 2017                Joseph A. Lipinsky, Northwest Region,
                                               76.1513.                                                at 11:15 a.m. and its Continuation at the             (206–220–4473), 915 Second Ave.,
                                                  47 CFR 76.1513(b) provides that an                   Conclusion of the Open Meeting on                     Room 2896, Seattle, WA 98174.
                                               open video system operator may not                      October 26, 2017.
                                                                                                                                                             SUPPLEMENTARY INFORMATION: Pursuant
                                               provide in its carriage contracts with                  CHANGES IN THE MEETING: This meeting                  to Section 6(f) of the Federal Trade
                                               programming providers that any dispute                  was held on Tuesday, October 24 at                    Commission Act, 15 U.S.C. 46(f), and
                                               must be submitted to arbitration,                       10:30 a.m. and continued on Tuesday,                  FTC Rule 2.34, 16 CFR 2.34, notice is
                                               mediation, or any other alternative                     November 7, 2017 at 10:00 a.m.                        hereby given that the above-captioned
                                               method for dispute resolution prior to                  *     *    *     *     *                              consent agreement containing a consent
                                               submission of a complaint to the                        CONTACT FOR MORE INFORMATION: Judith                  order to cease and desist, having been
                                               Commission.                                             Ingram, Press Officer, Telephone: (202)               filed with and accepted, subject to final
                                                  47 CFR 76.1513(c) requires that any                                                                        approval, by the Commission, has been
                                                                                                       694–1220.
                                               aggrieved party intending to file a                                                                           placed on the public record for a period
                                               complaint under this section must first                 Laura E. Sinram,
                                                                                                                                                             of thirty (30) days. The following
                                               notify the potential defendant open                     Deputy Secretary of the Commission.                   Analysis to Aid Public Comment
                                               video system operator that it intends to                [FR Doc. 2017–24680 Filed 11–9–17; 11:15 am]          describes the terms of the consent
                                               file a complaint with the Commission                    BILLING CODE 6715–01–P                                agreement, and the allegations in the
                                               based on actions alleged to violate one                                                                       complaint. An electronic copy of the
                                               or more of the provisions contained in                                                                        full text of the consent agreement
                                               this part or in Section 653 of the                      FEDERAL TRADE COMMISSION                              package can be obtained from the FTC
                                               Communications Act. The notice must                                                                           Home Page (for November 3, 2017), on
                                               be in writing and must be sufficiently                  [File No. 171 0196]
                                                                                                                                                             the World Wide Web, at https://
                                               detailed so that its recipient(s) can                                                                         www.ftc.gov/news-events/commission-
                                               determine the specific nature of the                    Red Ventures Holdco, LP and
                                                                                                       Bankrate, Inc.; Analysis To Aid Public                actions.
                                               potential complaint. The potential                                                                               You can file a comment online or on
                                               complainant must allow a minimum of                     Comment
                                                                                                                                                             paper. For the Commission to consider
                                               ten (10) days for the potential                         AGENCY:    Federal Trade Commission.                  your comment, we must receive it on or
                                               defendant(s) to respond before filing a                 ACTION:   Proposed consent agreement.                 before December 5, 2017. Write ‘‘In the
                                               complaint with the Commission.                                                                                Matter of Red Ventures Holdco, LP and
                                                  47 CFR 76.1513(d) describes the                      SUMMARY:   The consent agreement in this              Bankrate, Inc., File No. 1710196’’ on
                                               contents of an open video system                        matter settles alleged violations of                  your comment. Your comment—
                                               complaint.                                              federal law prohibiting unfair methods                including your name and your state—
                                                  47 CFR 76.1513(e) addresses answers                  of competition. The attached Analysis to              will be placed on the public record of
                                               to open video system complaints.                        Aid Public Comment describes both the
                                                  47 CFR 76.1513(f) states within                                                                            this proceeding, including, to the extent
                                                                                                       allegations in the complaint and the                  practicable, on the public Commission
                                               twenty (20) days after service of an                    terms of the consent orders—embodied
                                               answer, the complainant may file and                                                                          Web site, at https://www.ftc.gov/policy/
                                                                                                       in the consent agreement—that would                   public-comments.
                                               serve a reply which shall be responsive                 settle these allegations.                                Postal mail addressed to the
                                               to matters contained in the answer and                  DATES: Comments must be received on                   Commission is subject to delay due to
                                               shall not contain new matters.                          or before December 5, 2017.
                                                  47 CFR 76.1513(g) requires that any                                                                        heightened security screening. As a
                                                                                                       ADDRESSES: Interested parties may file a              result, we encourage you to submit your
                                               complaint filed pursuant to this
                                               subsection must be filed within one year                comment online or on paper, by                        comments online. To make sure that the
                                               of the date on which one of three events                following the instructions in the                     Commission considers your online
                                               occurs.                                                 Request for Comment part of the                       comment, you must file it at https://
                                                                                                       SUPPLEMENTARY INFORMATION section                     ftcpublic.commentworks.com/ftc/
                                                  47 CFR 76.1513(h) states that upon
                                               completion of the adjudicatory                          below. Write: ‘‘In the Matter of Red                  redventuresholdcoconsent by following
                                               proceeding, the Commission shall order                  Ventures Holdco, LP and Bankrate, Inc.,               the instructions on the web-based form.
                                               appropriate remedies, including, if                     File No. 1710196’’ on your comment,                   If this Notice appears at http://
                                               necessary, the requiring carriage,                      and file your comment online at https://              www.regulations.gov/#!home, you also
                                               awarding damages to any person denied                   ftcpublic.commentworks.com/ftc/                       may file a comment through that Web
                                               carriage, or any combination of such                    redventuresholdcoconsent by following                 site.
                                               sanctions. Such order shall set forth a                 the instructions on the web-based form.                  If you prefer to file your comment on
                                               timetable for compliance, and shall                     If you prefer to file your comment on                 paper, write ‘‘In the Matter of Red
                                               become effective upon release.                          paper, write ‘‘In the Matter of Red                   Ventures Holdco, LP and Bankrate, Inc.,
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                       Ventures Holdco, LP and Bankrate, Inc.,               File No. 1710196’’ on your comment
                                               Federal Communications Commission.                      File No. 1710196’’ on your comment                    and on the envelope, and mail your
                                               Katura Jackson,                                         and on the envelope, and mail your                    comment to the following address:
                                               Federal Register Liaison Officer Office of the          comment to the following address:                     Federal Trade Commission, Office of the
                                               Secretary.                                              Federal Trade Commission, Office of the               Secretary, 600 Pennsylvania Avenue
                                               [FR Doc. 2017–24632 Filed 11–13–17; 8:45 am]            Secretary, 600 Pennsylvania Avenue                    NW., Suite CC–5610 (Annex D),
                                               BILLING CODE 6712–01–P                                  NW., Suite CC–5610 (Annex D),                         Washington, DC 20580, or deliver your


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Document Created: 2018-10-25 10:32:44
Document Modified: 2018-10-25 10:32:44
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 December 14, 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 listed below as soon as possible.
ContactFor additional information or copies of the information collection, contact Cathy Williams at (202) 418- 2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/ do/PRAMain, (2) look for the section of the Web page called ``Currently Under Review,'' (3) click on the downward-pointing arrow in the ``Select Agency'' box below the ``Currently Under Review'' heading, (4) select ``Federal Communications Commission'' from the list of agencies presented in the ``Select Agency'' box, (5) click the ``Submit'' button to the right of the ``Select Agency'' box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.
FR Citation82 FR 52724 

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