[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2586-2587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-97]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission for Extension Under Delegated
Authority, Comments Requested
January 6, 2009.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection, as required by the Paperwork
Reduction Act of 1995 (PRA), Public Law No. 104-13. An agency may not
conduct or sponsor a collection of information unless it displays a
currently valid control number. No person shall be subject to any
penalty for failing to comply with a collection of information that
does not display a valid control number. Comments are requested
concerning (a) 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; (b) the accuracy of the Commission's burden estimate; (c) ways
to enhance the quality, utility, and clarity of the information
collected; and (d) 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.
DATES: Written PRA comments should be submitted on or before March 16,
2009. 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: Interested parties may submit all PRA comments by e-mail or
U.S. post mail. To submit your comments by e-mail, send them to
PRA@fcc.gov and/or Cathy.Williams@fcc.gov. To submit your comments by
U.S. mail, mark them to the attention of Cathy Williams, Federal
Communications Commission, Room 1-C823, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection(s), contact Cathy Williams at (202) 418-2918 or
send an e-mail to PRA@fcc.gov and/or Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0737.
Title: Disclosure Requirements for Information Services Provided
Under a Presubscription or Comparable Arrangement.
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 1,000 respondents; 1,000
responses.
Estimated Time per Response: 4.5 hours.
Frequency of Response: Annual reporting requirement; On occasion
reporting requirement; Third party disclosure requirement.
Total Annual Burden: 4,500 hours.
Total Annual Cost: None.
Obligation to Respond: Voluntary. The statutory authority for this
collection of information is contained in 47 U.S.C. 228.
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 (PII)
from individuals.
Privacy Impact Assessment: No impact(s).
Needs and Uses: Section 64.1501(b) defines a presubscription or
comparable arrangement as a contractual agreement in which an
information service provider makes specified disclosures to consumers
when offering ``presubscribed'' information services.
The disclosures are intended to ensure that consumers receive
information regarding the terms and conditions associated with these
services before they enter into contracts to subscribe to them.
OMB Control Number: 3060-1041.
Title: Remedial Measures for Failure to Construct Digital
Television Stations (DTV Policy Statement).
Form Number: Not applicable.
Type of Review: Extension of a currently approved collection.
Respondents: Businesses or other for-profit entities; Not-for-
profit institutions.
Number of Respondents and Responses: 400 respondents; 800
responses.
Estimated Time per Response: 0.50-2 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i), 303, 307, 309, 319 and 336 of the Communications Act
of 1934, as amended.
[[Page 2587]]
Total Annual Burden: 460 hours.
Total Annual Cost: $304,000.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: On April 16, 2003, the FCC released a Report and
Order and Memorandum Opinion and Order on Reconsideration, In the
Matter of Remedial Steps for Failure to Comply with Digital Television
Construction Schedule, MM Docket No. 02-113, FCC 03-77 (``R&O''). The
Commission adopted a series of remedial measures for stations that fail
to construct their digital television (DTV) facilities in a timely
fashion and fail to justify an extension of their DTV construction
deadline. Stations will be subject to periodic reporting requirements.
Under the first step, the Commission will deny the request for an
unqualified extension and admonish the station for its failure to
comply with its DTV construction obligation. The station must submit a
report within thirty days outlining the steps it intends to take to
complete construction and the approximate date that it expects to reach
each of these construction milestones. Sixty days after its initial
report, the station must submit a report detailing its progress on
meeting its proposed construction milestones and justifying any delays
it has encountered.
Under the second step in the approach, if the station has not come
into compliance with the DTV construction rule within a six-month
period, then, absent extraordinary and compelling circumstances, the
Commission will issue a Notice of Apparent Liability for forfeiture to
the licensee and require that the station report every thirty days on
its proposed construction milestones and its efforts to meet those
milestones. Once again, failure to adequately demonstrate that the
station was taking all reasonable steps towards construction and to
justify any additional delays that were encountered will result in the
imposition of additional sanctions.
Under the third and final step in the approach, if the station
still had failed to come into compliance with the DTV construction rule
within an additional six-month period of time (i.e., one year from the
date of the formal admonition), then, absent extraordinary and
compelling circumstances, the Commission will consider its construction
permit for its DTV facilities to have expired and will rescind the
station's DTV authorization. The Commission concluded that no hearing
was necessary prior to rescinding the station's DTV authorization. The
Commission also concluded that it would not make the station's vacant
DTV allotment available. The Commission also announced that the station
will be required to surrender its analog authorization at the end of
the DTV transition.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-792 Filed 1-14-09; 8:45 am]
BILLING CODE 6712-01-P