83_FR_5655 83 FR 5628 - Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority

83 FR 5628 - Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 27 (February 8, 2018)

Page Range5628-5629
FR Document2018-02553

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 Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

Federal Register, Volume 83 Issue 27 (Thursday, February 8, 2018)
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Pages 5628-5629]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02553]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0550 and 3060-0560]


Information Collections Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

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 Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. Comments are 
requested concerning: Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid OMB control number. No person 
shall be subject to any penalty for failing to comply with a collection 
of information subject to the PRA that does not display a valid OMB 
control number.

DATES: Written PRA comments should be submitted on or before April 9, 
2018. 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 contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to 
[email protected] and to [email protected].

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

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0550.
    Title: Local Franchising Authority Certification, FCC Form 328; 
Section 76.910, Franchising Authority Certification.
    Form No.: FCC Form 328.
    Type of Review: Extension of a currently approved collection.
    Respondents: State, local or tribal governments; Businesses or 
other for-profit entities.
    Number of Respondents and Responses: 7 respondents; 13 responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement; Third party 
disclosure requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
section 3 of the Cable Television Consumer Protection and Competition 
Act of 1992 (47 U.S.C. 543), as well as sections 4(i), 4(j), and 623 of 
the Communications Act of 1934, as amended, and section 111 of the 
STELA Reauthorization Act of 2014.
    Total Annual Burden: 26 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On June 3, 2015, the Commission released a Report 
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted 
a rebuttable presumption that cable operators are subject to competing 
provider effective competition. The information collection requirements 
have not changed since they were last approved by the Office of 
Management and Budget (OMB). The information collection requirements 
consist of:
    FCC Form 328. Pursuant to section 76.910, a franchising authority 
must be certified by the Commission to regulate the basic service tier 
and associated equipment of a cable system within its jurisdiction. To 
obtain this certification, the franchising authority must prepare and 
submit FCC Form 328. The Report and Order revises section 76.910 to 
require a franchising authority filing Form 328 to submit specific 
evidence demonstrating its rebuttal of the presumption in section 
76.906 that the cable system is subject to competing provider effective 
competition pursuant to section 76.905(b)(2). The franchising authority 
bears the burden of submitting evidence rebutting the presumption that 
competing provider effective competition, as defined in section 
76.905(b)(2), exists in the franchise area. Unless a franchising 
authority has actual knowledge to the contrary, it may rely on the 
presumption in section 76.906 that the cable system is not

[[Page 5629]]

subject to one of the other three types of effective competition.
    Evidence establishing lack of effective competition. If the 
evidence establishing the lack of effective competition is not 
otherwise available, section 76.910(b)(4) provides that franchising 
authorities may request from a multichannel video programming 
distributor (``MVPD'') information regarding the MVPD's reach and 
number of subscribers. An MVPD must respond to such request within 15 
days. Such responses may be limited to numerical totals.
    Franchising authority's obligations if certified. Section 76.910(e) 
of the Commission's rules currently provides that, unless the 
Commission notifies the franchising authority otherwise, the 
certification will become effective 30 days after the date filed, 
provided, however, that the franchising authority may not regulate the 
rates of a cable system unless it: (1) Adopts regulations (i) 
consistent with the Commission's regulations governing the basic tier 
and (ii) providing a reasonable opportunity for consideration of the 
views of interested parties, within 120 days of the effective date of 
the certification; and (2) notifies the cable operator that the 
franchising authority has been certified and has adopted the required 
regulations.
    OMB Control Number: 3060-0560.
    Title: Section 76.911, Petition for Reconsideration of 
Certification.
    Form No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: State, local or tribal governments; Businesses or 
other for-profit entities.
    Number of Respondents and Responses: 15 respondents; 25 responses.
    Estimated Time per Response: 2-10 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
sections 4(i) and 623 of the Communications Act of 1934, as amended.
    Total Annual Burden: 130 hours.
    Total Annual Cost: None.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On June 3, 2015, the Commission released a Report 
and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted 
a rebuttable presumption that cable operators are subject to competing 
provider effective competition. Reversing the previous rebuttable 
presumption of no effective competition and adopting the procedures 
discussed in the Report and Order will result in changes to the 
information collection burdens.
    The information collection requirements consist of: Petitions for 
reconsideration of certification, oppositions and replies thereto, 
cable operator requests to competitors for information regarding the 
competitor's reach and number of subscribers if evidence establishing 
effective competition is not otherwise available, and the competitors 
supplying this information. They have not changed since they were last 
approved by OMB.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-02553 Filed 2-7-18; 8:45 am]
 BILLING CODE 6712-01-P



                                               5628                        Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices

                                               2018, public meeting teleconference                     FEDERAL COMMUNICATIONS                                76.910, Franchising Authority
                                               closes at 11:59 p.m., Eastern Time on                   COMMISSION                                            Certification.
                                               Monday, March 5, 2018. The deadline to                                                                          Form No.: FCC Form 328.
                                                                                                       [OMB 3060–0550 and 3060–0560]                           Type of Review: Extension of a
                                               sign up to speak during the public
                                               comment period, or to submit written                                                                          currently approved collection.
                                                                                                       Information Collections Being
                                               public comments, is 11:59 p.m., Eastern                                                                         Respondents: State, local or tribal
                                                                                                       Reviewed by the Federal
                                               Time on Monday, March 5, 2018. When                                                                           governments; Businesses or other for-
                                                                                                       Communications Commission Under
                                               registering, please provide your name,                                                                        profit entities.
                                                                                                       Delegated Authority                                     Number of Respondents and
                                               organization, city and state, email
                                               address, and telephone number for                       AGENCY: Federal Communications                        Responses: 7 respondents; 13 responses.
                                               follow up. Please also indicate whether                 Commission.                                             Estimated Time per Response: 2
                                               you would like to provide public                        ACTION: Notice and request for                        hours.
                                               comment during the meeting, and                         comments.                                               Frequency of Response: One-time
                                               whether you are submitting written                                                                            reporting requirement; Third party
                                               comments before the Monday, March 5,                    SUMMARY:    As part of its continuing effort          disclosure requirement.
                                               2018, deadline.                                         to reduce paperwork burdens, and as                     Obligation To Respond: Required to
                                                                                                       required by the Paperwork Reduction                   obtain or retain benefits. The statutory
                                               A. Public Comment                                       Act (PRA) of 1995, the Federal                        authority for this collection of
                                                 Individuals or groups making remarks                  Communications Commission (FCC or                     information is contained in section 3 of
                                               during the public comment period will                   Commission) invites the general public                the Cable Television Consumer
                                               be limited to seven (7) minutes. To                     and other Federal agencies to take this               Protection and Competition Act of 1992
                                               accommodate the number of people                        opportunity to comment on the                         (47 U.S.C. 543), as well as sections 4(i),
                                               who want to address the NEJAC, only                     following information collections.                    4(j), and 623 of the Communications Act
                                               one representative of a particular                      Comments are requested concerning:                    of 1934, as amended, and section 111 of
                                               community, organization, or group will                  Whether the proposed collection of                    the STELA Reauthorization Act of 2014.
                                               be allowed to speak. Written comments                   information is necessary for the proper                 Total Annual Burden: 26 hours.
                                               can also be submitted for the record.                   performance of the functions of the                     Total Annual Cost: None.
                                               The suggested format for individuals                    Commission, including whether the                       Privacy Act Impact Assessment: No
                                               providing public comments is as                         information shall have practical utility;             impact(s).
                                                                                                       the accuracy of the Commission’s                        Nature and Extent of Confidentiality:
                                               follows: Name of speaker; name of
                                                                                                       burden estimate; ways to enhance the                  There is no need for confidentiality with
                                               organization/community; city and state;
                                                                                                       quality, utility, and clarity of the                  this collection of information.
                                               and email address; brief description of                                                                         Needs and Uses: On June 3, 2015, the
                                               the concern, and what you want the                      information collected; ways to minimize
                                                                                                                                                             Commission released a Report and
                                               NEJAC to advise EPA to do. Written                      the burden of the collection of
                                                                                                                                                             Order, MB Docket No. 15–53; FCC 15–
                                               comments received by registration                       information on the respondents,
                                                                                                                                                             62. The Report and Order adopted a
                                               deadline, will be included in the                       including the use of automated
                                                                                                                                                             rebuttable presumption that cable
                                               materials distributed to the NEJAC prior                collection techniques or other forms of
                                                                                                                                                             operators are subject to competing
                                               to the teleconference. Written comments                 information technology; and ways to
                                                                                                                                                             provider effective competition. The
                                               received after that time will be provided               further reduce the information
                                                                                                                                                             information collection requirements
                                               to the NEJAC as time allows. All written                collection burden on small business
                                                                                                                                                             have not changed since they were last
                                               comments should be sent to Karen L.                     concerns with fewer than 25 employees.
                                                                                                          The FCC may not conduct or sponsor                 approved by the Office of Management
                                               Martin, EPA, via email at nejac@                                                                              and Budget (OMB). The information
                                               epa.gov.                                                a collection of information unless it
                                                                                                       displays a currently valid OMB control                collection requirements consist of:
                                               B. Information About Services for                                                                               FCC Form 328. Pursuant to section
                                                                                                       number. No person shall be subject to
                                               Individuals With Disabilities or                                                                              76.910, a franchising authority must be
                                                                                                       any penalty for failing to comply with
                                               Requiring English Language Translation                                                                        certified by the Commission to regulate
                                                                                                       a collection of information subject to the
                                               Assistance                                                                                                    the basic service tier and associated
                                                                                                       PRA that does not display a valid OMB
                                                  For information about access or                                                                            equipment of a cable system within its
                                                                                                       control number.
                                               services for individuals requiring                                                                            jurisdiction. To obtain this certification,
                                                                                                       DATES: Written PRA comments should                    the franchising authority must prepare
                                               assistance, please contact Karen L.                     be submitted on or before April 9, 2018.
                                               Martin, at (202) 564–0203 or via email                                                                        and submit FCC Form 328. The Report
                                                                                                       If you anticipate that you will be                    and Order revises section 76.910 to
                                               at martin.karenl@epa.gov. To request                    submitting comments, but find it
                                               special accommodations for a disability                                                                       require a franchising authority filing
                                                                                                       difficult to do so within the period of               Form 328 to submit specific evidence
                                               or other assistance, please submit your                 time allowed by this notice, you should
                                               request at least fourteen (14) working                                                                        demonstrating its rebuttal of the
                                                                                                       advise the contact listed below as soon               presumption in section 76.906 that the
                                               days prior to the meeting, to give EPA                  as possible.
                                               sufficient time to process your request.                                                                      cable system is subject to competing
                                                                                                       ADDRESSES: Direct all PRA comments to                 provider effective competition pursuant
                                               All requests should be sent to the                      Cathy Williams, FCC, via email to PRA@
                                               address, email, or phone/fax number                                                                           to section 76.905(b)(2). The franchising
                                                                                                       fcc.gov and to Cathy.Williams@fcc.gov.                authority bears the burden of submitting
                                               listed in the FOR FURTHER INFORMATION
                                                                                                       FOR FURTHER INFORMATION CONTACT: For                  evidence rebutting the presumption that
                                               CONTACT section.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       additional information about the                      competing provider effective
                                                 Dated: February 1, 2018.                              information collection, contact Cathy                 competition, as defined in section
                                               Matthew Tejada,                                         Williams at (202) 418–2918.                           76.905(b)(2), exists in the franchise area.
                                               Designated Federal Officer, National                    SUPPLEMENTARY INFORMATION:                            Unless a franchising authority has
                                               Environmental Justice Advisory Council.                    OMB Control Number: 3060–0550.                     actual knowledge to the contrary, it may
                                               [FR Doc. 2018–02549 Filed 2–7–18; 8:45 am]                 Title: Local Franchising Authority                 rely on the presumption in section
                                               BILLING CODE 6560–50–P                                  Certification, FCC Form 328; Section                  76.906 that the cable system is not


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                                                                           Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Notices                                                  5629

                                               subject to one of the other three types                 operators are subject to competing                    (HK) Limited; TUI Cruises Gmbh; Virgin
                                               of effective competition.                               provider effective competition.                       Yoyages; and Windstar Cruises.
                                                  Evidence establishing lack of effective              Reversing the previous rebuttable                       Filing Party: Carolyn J. Kaye, Esq.;
                                               competition. If the evidence establishing               presumption of no effective competition               Kaye, Rose & Partners, LLP; Emerald
                                               the lack of effective competition is not                and adopting the procedures discussed                 Plaza, 402 West Broadway, Suite 1890;
                                               otherwise available, section 76.910(b)(4)               in the Report and Order will result in                San Diego, CA 92101–8508.
                                               provides that franchising authorities                   changes to the information collection                   Synopsis: The amendment updates
                                               may request from a multichannel video                   burdens.                                              the membership of the Agreement,
                                               programming distributor (‘‘MVPD’’)                        The information collection                          specifies the extent that certain
                                               information regarding the MVPD’s reach                  requirements consist of: Petitions for                aggregated information can be gathered
                                               and number of subscribers. An MVPD                      reconsideration of certification,                     and distributed among members and
                                               must respond to such request within 15                  oppositions and replies thereto, cable                through third parties, and clarifies the
                                               days. Such responses may be limited to                  operator requests to competitors for                  definitions of ‘‘Membership, Associate
                                               numerical totals.                                       information regarding the competitor’s                Membership, and Affiliation.’’
                                                  Franchising authority’s obligations if               reach and number of subscribers if                      By Order of the Federal Maritime
                                               certified. Section 76.910(e) of the                     evidence establishing effective                       Commission.
                                               Commission’s rules currently provides                   competition is not otherwise available,                 Dated: February 5, 2018.
                                               that, unless the Commission notifies the                and the competitors supplying this                    Rachel E. Dickon,
                                               franchising authority otherwise, the                    information. They have not changed
                                                                                                                                                             Assistant Secretary.
                                               certification will become effective 30                  since they were last approved by OMB.
                                               days after the date filed, provided,                                                                          [FR Doc. 2018–02524 Filed 2–7–18; 8:45 am]
                                                                                                       Federal Communications Commission.
                                               however, that the franchising authority                                                                       BILLING CODE 6731–AA–P
                                                                                                       Marlene H. Dortch,
                                               may not regulate the rates of a cable
                                               system unless it: (1) Adopts regulations                Secretary, Office of the Secretary.
                                               (i) consistent with the Commission’s                    [FR Doc. 2018–02553 Filed 2–7–18; 8:45 am]            FEDERAL MARITIME COMMISSION
                                               regulations governing the basic tier and                BILLING CODE 6712–01–P
                                                                                                                                                             Notice of Agreements Filed
                                               (ii) providing a reasonable opportunity
                                               for consideration of the views of                                                                                The Commission hereby gives notice
                                               interested parties, within 120 days of                  FEDERAL MARITIME COMMISSION                           of the filing of the following agreements
                                               the effective date of the certification;                                                                      under the Shipping Act of 1984.
                                               and (2) notifies the cable operator that                Notice of Agreement Filed                             Interested parties may submit comments
                                               the franchising authority has been                         The Commission hereby gives notice                 on the agreements to the Secretary,
                                               certified and has adopted the required                  of the filing of the following agreement              Federal Maritime Commission,
                                               regulations.                                            under the Shipping Act of 1984.                       Washington, DC 20573, within twelve
                                                  OMB Control Number: 3060–0560.                       Interested parties may submit comments                days of the date this notice appears in
                                                  Title: Section 76.911, Petition for                  on the agreement to the Secretary,                    the Federal Register. Copies of the
                                               Reconsideration of Certification.                       Federal Maritime Commission,                          agreements are available through the
                                                  Form No.: N/A.                                                                                             Commission’s website (www.fmc.gov) or
                                                                                                       Washington, DC 20573, within twelve
                                                  Type of Review: Extension of a                                                                             by contacting the Office of Agreements
                                                                                                       days of the date this notice appears in
                                               currently approved collection.                                                                                at (202)–523–5793 or tradeanalysis@
                                                                                                       the Federal Register. A copy of the
                                                  Respondents: State, local or tribal                                                                        fmc.gov.
                                                                                                       agreement is available through the
                                               governments; Businesses or other for-                                                                            Agreement No.: 011550–017.
                                                                                                       Commission’s website (www.fmc.gov) or
                                               profit entities.                                                                                                 Title: ABC Discussion Agreement.
                                                  Number of Respondents and                            by contacting the Office of Agreements
                                                                                                       at (202) 523–5793 or tradeanalysis@                      Parties: King Ocean Services Limited,
                                               Responses: 15 respondents; 25
                                                                                                       fmc.gov.                                              Inc., and Seaboard Marine Ltd.
                                               responses.
                                                                                                          Agreement No.: 010071–046.                            Filing Party: Wayne Rohde; Cozen
                                                  Estimated Time per Response: 2–10
                                                                                                          Title: Cruise Lines International                  O’Connor; 1200 Nineteenth Street NW,
                                               hours.
                                                  Frequency of Response: On occasion                   Association Agreement.                                Washington, DC 20036.
                                                                                                          Parties: Acromas Shipping, Ltd./Saga                  Synopsis: The amendment deletes
                                               reporting requirement; Third party
                                                                                                       Shipping; Aida Cruises; American                      Crowley Caribbean Services LLC as a
                                               disclosure requirement.
                                                  Obligation To Respond: Required to                   Cruise Lines, Inc.; Azamara Cruises;                  party to the Agreement.
                                               obtain or retain benefits. The statutory                Carnival Cruise Lines; Celebrity Cruises,                Agreement No.: 012426–002.
                                               authority for this collection of                        Inc.; Celestyal Cruises; Costa Cruise                    Title: The OCEAN Alliance
                                               information is contained in sections 4(i)               Lines; Crystal Cruises; Cunard Line;                  Agreement.
                                               and 623 of the Communications Act of                    Disney Cruise Line; Dream Cruises                        Parties: American President Lines,
                                               1934, as amended.                                       Management Ltd.; Hapag-Lloyd                          Ltd.; APL Co. Pte. Ltd.; CMA CGM S.A.;
                                                  Total Annual Burden: 130 hours.                      Kreuzfahrten Gmbh; Holland America                    COSCO Shipping Lines Co., Ltd.;
                                                  Total Annual Cost: None.                             Line; Marella Cruise c/o TUI Group;                   COSCO Shipping Lines (Europe) GmbH;
                                                  Privacy Act Impact Assessment: No                    MSC Cruises; NCL Corporation; Oceania                 Evergreen Line Joint Service Agreement;
                                               impact(s).                                              Cruises; P&O Cruises; P&O Cruises                     Orient Overseas Container Line Limited;
                                                  Nature and Extent of Confidentiality:                Australia; Paul Gauguin Cruises; Pearl                and OOCL (Europe) Limited.
daltland on DSKBBV9HB2PROD with NOTICES




                                               There is no need for confidentiality with               Seas Cruises; PONANT Yacht Cruises &                     Filing Party: Robert Magovern; Cozen
                                               this collection of information.                         Expeditions; Princess Cruises;                        O’Connor; 1200 Nineteenth Street NW,
                                                  Needs and Uses: On June 3, 2015, the                 Pullmantur Cruises Ship Management                    Washington, DC 20036.
                                               Commission released a Report and                        Ltd.; Regent Seven Seas Cruises; Royal                   Synopsis: The amendment revises
                                               Order, MB Docket No. 15–53; FCC 15–                     Caribbean International; Seabourn                     Article 2 of the Agreement to add
                                               62. The Report and Order adopted a                      Cruise Line; SeaDream Yacht Club;                     COSCO SHIPPING Lines (Europe)
                                               rebuttable presumption that cable                       Silversea Cruises, Ltd.; Star Cruises                 GmbH as a party to the Agreement.


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Document Created: 2018-02-08 00:16:16
Document Modified: 2018-02-08 00:16:16
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 PRA comments should be submitted on or before April 9, 2018. 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 contact listed below as soon as possible.
ContactFor additional information about the information collection, contact Cathy Williams at (202) 418-2918.
FR Citation83 FR 5628 

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