83 FR 63504 - Information Collections Being Submitted for Review and Approval to the Office of Management and Budget

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 236 (December 10, 2018)

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 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63504-63507]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26590]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0419, 3060-0844, 3060-1086, 3060-1183 and 3060-1216]


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

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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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 January 9, 
2019. 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 [email protected]; and to Cathy Williams, FCC, via 
email [email protected] and to [email protected]. 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 
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: 3060-0419.
    Title: Sections 76.94, Notification; 76.95, Exceptions; 76.105, 
Notification; 76.106, Exceptions; 76.107, Exclusivity Contracts and 
76.1609, Non-Duplication and Syndicated Exclusivity.
    Form Number: N/A.
    Type of Review: Extension of currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 5,977 respondents and 249,577 
responses.
    Estimated Time per Response: 0.5-2.0 hours.
    Frequency of Response: On occasion reporting requirement; One-time

[[Page 63505]]

reporting requirement; Third Party Disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
Section 4(i) of the Communications Act of 1034, as amended.
    Total Annual Burden: 233,153 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: The Commission rules that are covered under this 
collection require broadcast television stations and program 
distributors to notify cable television system operators of network 
non-duplication protection and syndicated exclusivity rights being 
sought within prescribed limitations and terms of contractual 
agreements. These various notification and disclosure requirements are 
to protect broadcasters who purchase the exclusive rights to transmit 
network and syndicated programming in their recognized markets.

    OMB Control Number: 3060-0844.
    Title: Carriage of the Transmissions of Television Broadcast 
Stations: Section 76.56(a), Carriage of qualified noncommercial 
educational stations; Section 76.57, Channel positioning; Section 
76.61(a)(1)-(2), Disputes concerning carriage; Section 76.64, 
Retransmission consent.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 835 respondents and 14,040 
responses.
    Estimated Time per Response: 1 to 5 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 information collection is contained in 
Sections 1, 4(i) and (j), 325, 336, 614 and 615 of the Communications 
Act of 1934, as amended.
    Total Annual Burden: 14,840 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: Under Section 614 of the Communications Act and the 
implementing rules adopted by the Commission, commercial TV broadcast 
stations are entitled to assert mandatory carriage rights on cable 
systems located within the station's television market. Under Section 
325(b) of the Communications Act, commercial TV broadcast stations are 
entitled to negotiate with local cable systems for carriage of their 
signal pursuant to retransmission consent agreements in lieu of 
asserting must carry rights. This system is therefore referred to as 
``Must- Carry and Retransmission Consent.'' Under Section 615 of the 
Communications Act, noncommercial educational (NCE) stations are also 
entitled to assert mandatory carriage rights on cable systems located 
within the station's market; however, noncommercial TV broadcast 
stations are not entitled to retransmission consent. The information 
collection requirements for this collection are contained in 47 CFR 
Sections 76.56(a), 76.57, 76.61(a)(1)-(2) and 76.64.

    OMB Control Number: 3060-1086.
    Title: Section 74.787, Digital Licensing; Section 74.790, 
Permissible Service of Digital TV Translator and LPTV Stations; Section 
74.794, Digital Emissions, Section 74.796, Modification of Digital 
Transmission Systems and Analog Transmission Systems for Digital 
Operation; Section 74.798, LPTV Digital Transition Consumer Education 
Information; Protection of Analog LPTV.
    Form Number: Not applicable.
    Respondents: Business or other for profit entities; not for profit 
institutions; State, local or Tribal government.
    Number of Respondents/Responses: 8,445 respondents; 27,386 
responses.
    Estimated Hours per Response: 0.50-4 hours.
    Frequency of Response: Recordkeeping requirement; One-time 
reporting requirement; Third party disclosure requirement.
    Total Annual Burden: 56,386 hours.
    Total Annual Cost: $69,033,000.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
section 301 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: The information collection requirements approved 
under this collection are as follows:
    a. 47 CFR 74.787(a)(2)(iii) provides that mutually exclusive LPTV 
and TV translator applicants for companion digital stations will be 
afforded an opportunity to submit in writing to the Commission, 
settlements and engineering solutions to resolve their situation.
    b. 47 CFR 74.787(a)(3) provides that mutually exclusive applicants 
applying for construction permits for new digital stations and for 
major changes to existing stations in the LPTV service will similarly 
be allowed to submit in writing to the Commission, settlements and 
engineering solutions to rectify the problem.
    c. 47 CFR 74.787(a)(4) provides that mutually exclusive 
displacement relief applicants filing applications for digital LPTV and 
TV translator stations may be resolved by submitting settlements and 
engineering solutions in writing to the Commission.
    d. 47 CFR 74.787(a)(5)(v) states that a license for a digital-to-
digital replacement television translator will be issued only to a 
full-power television broadcast station licensee that demonstrates in 
its application a loss in the station's pre-auction digital service 
area as a result of the broadcast television spectrum incentive 
auction, including the repacking process, conducted under section 6403 
of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 
112-96). ``Pre-auction digital service area'' is defined as the 
geographic area within the full power station's noise-limited contour 
(as set forth in Public Notice, DA 15-1296, released November 12, 
2015). The service area of the digital-to-digital replacement 
translator shall be limited to only the demonstrated loss area within 
the full power station's pre-auction digital service area, provided 
that an applicant for a digital-to-digital replacement television 
translator may propose a de minimis expansion of its full power pre-
auction digital service area upon demonstrating that the expansion is 
necessary to replace a loss in its pre-auction digital service area.
    e. 47 CFR 74.790(f) permits digital TV translator stations to 
originate emergency warnings over the air deemed necessary to protect 
and safeguard life and property, and to originate local public service 
announcements (PSAs) or messages seeking or acknowledging financial 
support necessary for its continued operation. These announcements or 
messages shall not exceed 30 seconds each, and be broadcast no more 
than once per hour.
    f. 47 CFR 74.790(e) requires that a digital TV translator station 
shall not retransmit the programs and signal of any TV broadcast or DTV 
broadcast station(s) without prior written consent of such station(s). 
A digital TV

[[Page 63506]]

translator operator electing to multiplex signals must negotiate 
arrangements and obtain written consent of involved DTV station 
licensee(s).
    g. 47 CFR 74.790(g) requires a digital LPTV station who transmits 
the programming of a TV broadcast or DTV broadcast station received 
prior written consent of the station whose signal is being transmitted.
    h. 47 CFR 74.794 mandates that digital LPTV and TV translator 
stations operating on TV channels 22-24, 32-36 and 38 with a digital 
transmitter not specifically FCC-certificated for the channel purchase 
and utilize a low pass filter or equivalent device rated by its 
manufacturer to have an attenuation of at least 85 dB in the GPS band. 
The licensees must retain with their station license a description of 
the low pass filter or equivalent device with the manufacturer's rating 
or a report of measurements by a qualified individual.
    i. 47 CFR 74.796(b)(5) requires digital LPTV or TV translator 
station licensees that modify their existing transmitter by use of a 
manufacturer-provided modification kit would need to purchase the kit 
and must notify the Commission upon completion of the transmitter 
modifications. In addition, a digital LPTV or TV translator station 
licensees that modify their existing transmitter and do not use a 
manufacturer-provided modification kit, but instead perform custom 
modification (those not related to installation of manufacturer-
supplied and FCC-certified equipment) must notify the Commission upon 
completion of the transmitter modifications and shall certify 
compliance with all applicable transmission system requirements.
    j. 47 CFR 74.796(b)(6) provides that operators who modify their 
existing transmitter by use of a manufacturer provided modification kit 
must maintain with the station's records for a period of not less than 
two years, and will make available to the Commission upon request, a 
description of the nature of the modifications, installation and test 
instructions, and other material provided by the manufacturer, the 
results of performance-tests and measurements on the modified 
transmitter, and copies of related correspondence with the Commission. 
In addition, digital LPTV and TV translator operators who custom modify 
their transmitter must maintain with the station's records for a period 
of not less than two years, and will make available to the Commission 
upon request, a description of the modifications performed and 
performance tests, the results of performance-tests and measurements on 
the modified transmitter, and copies of related correspondence with the 
Commission.
    k. Protection of Analog LPTV. In situations where protection of an 
existing analog LPTV or translator station without a frequency offset 
prevents acceptance of a proposed new or modified LPTV, TV translator, 
or Class A station, the Commission requires that the existing non-
offset station install at its expense offset equipment and notify the 
Commission that it has done so, or, alternatively, negotiate an 
interference agreement with the new station and notify the Commission 
of that agreement.
    l. 47 CFR 74.798 requires all stations in the low power television 
services to provide notice of their upcoming digital transition to 
their viewers.

    OMB Control Number: 3060-1183.
    Title: Establishment of a Public Safety Answering Point Do-Not-Call 
Registry, CG Docket No. 12-129.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Federal 
Government; Not-for-profit institutions; State, local or Tribal 
Government.
    Number of Respondents and Responses: 106,500 respondents; 1,446,333 
responses.
    Estimated Time per Response: 30 minutes (.50 hours) to 1 hour.
    Frequency of Response: Recordkeeping requirement; Annually, 
monthly, on occasion and one-time reporting requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
found in the Middle Class Tax Relief and Job Creation Act of 2012, 
Public Law 112-96, February 22, 2012.
    Total Annual Burden: 792,667 hours.
    Total Annual Cost: None.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information from 
individuals.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The rules adopted herein establish recordkeeping 
requirements for a large variety of entities, including small business 
entities. First, each Public Safety Answering Point (PSAP) may 
designate a representative who shall be required to file a 
certification with the administrator of the PSAP registry that they are 
authorized to place numbers onto that registry. The designated PSAP 
representative shall provide contact information including the PSAP 
represented, name, title, address, telephone number and email address. 
Verified PSAPs shall be permitted to upload to the registry any PSAP 
telephone associated with the provision of emergency services or 
communications with other public safety agencies. On an annual basis 
designated PSAP representatives shall access the registry, review their 
numbers and remove any ineligible numbers from the registry. Second, an 
operator of automatic dialing equipment (OADE) is prohibited from 
contacting any number on the PSAP registry. Each OADE must register for 
access to the PSAP registry by providing contact information which 
includes name, business address, contact person, telephone number, 
email, and all outbound telephone numbers used to place autodialed 
calls. All such contact information must be updated within 30 days of 
any change. In addition, the OADE must certify that it is accessing the 
registry solely to prevent autodialed calls to numbers on the registry. 
An OADE must access and employ a version of the PSAP registry obtained 
from the registry administrator no more than 31 days prior to the date 
any call is made, and maintain record documenting this process. No 
person or entity may sell, rent, lease, purchase, share, or use the 
PSAP registry for any purpose expect to comply with our rules 
prohibiting contact with numbers on the registry.

    OMB Control Number: 3060-1216.
    Title: Media Bureau Incentive Auction Implementation, Sections 
73.3700(b)(4)(i)-(ii), (c), (d), (h)(5)-(6) and (g)(4).
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not for profit 
institutions.
    Number of Respondents and Responses: 1,950 respondents and 174,219 
responses.
    Estimated Time per Response: .004-15 hours.
    Frequency of Response: One-time reporting requirement; on occasion 
reporting requirement; recordkeeping requirement.
    Obligation To Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in 47 U.S.C. 
151, 154, 301, 303, 307, 308, 309, 310, 316, 319, 325(b), 332, 336(f), 
338, 339, 340, 399b, 403, 534, 535, 1404, 1452, and 1454.
    Total Annual Burden: 24,932 hours.

[[Page 63507]]

    Annual Cost Burden: $1,214,400.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection.
    Needs and Uses: The information gathered in this collection will be 
used to require broadcasters transitioning to a new station following 
the Incentive Auction, or going off the air as a result of a winning 
bid in the Incentive Auction, to notify their viewers of the date the 
station will terminate operations on its pre-Auction channel by running 
public service announcements, and allow these broadcasters to inform 
MVPDs of their relinquishment or change in channel. It requires channel 
sharing agreements enter into by television broadcast licensees to 
contain certain provisions regarding access to facilities, financial 
obligations and to define each party's rights and responsibilities; the 
Commission will review each channel sharing agreement to ensure it 
comports with general rules and policies regarding license agreements. 
The provisions contained in this collection also require wireless 
licensees to notify low-power television and TV translator stations 
commence wireless operations and the likelihood of receiving harmful 
interference from the low power TV or TV translator station to such 
operations within the wireless licensee's licensed geographic service 
area. Finally, it requires license relinquishment stations and channel 
sharing stations to comply with notification and cancellation 
procedures as they terminate operations on their pre-Auction channel.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2018-26590 Filed 12-7-18; 8:45 am]
 BILLING CODE 6712-01-P