[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)] [Notices] [Pages 12638-12640] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-6551] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collections being Reviewed by the Federal Communications Commission March 10, 1997. SUMMARY: The Federal Communications Commissions, as part of its continuing effort to reduce paperwork burden 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, Public Law 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 subject to the Paperwork Reduction Act (PRA) 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 clarify 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: Persons wishing to comment on this information collection should submit comments May 16, 1997. ADDRESSES: Direct all comments to Dorothy Conway, Federal Communications Commissions, Room 234, 1919 M St., NW., Washington, DC 20554 or via internet to [email protected]. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collections contact Dorothy Conway at 202-418-0217 or via internet at [email protected]. SUPPLEMENTARY INFORMATION: OMB Approval Number: 3060-0565. Title: Section 76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment. Type of Review: Extension of existing collection. Respondents: Business or other for-profit; state and local governments. Number of Respondents: 300. (150 cable operators + 150 LFAs). Estimated Time Per Response: 2-30 hours. Total Annual Burden: 5,400 hours estimated as follows: We estimate that approximately 150 appeals are filed annually. For all aspects of the filing process (including appeals, oppositions and replies), we estimate that cable operators spend an average of 30 hours on each filing and that local franchising authorities spend an average of 20 hours on each filing. We estimate that cable operators will use in-house legal staff to file requests for appeals approximately 50% of the time, therefore using outside legal assistance 50% of the time. When using outside legal assistance, operators are estimated to undergo a burden of 2 hours per filing to coordinate information with the outside legal assistance. 75 cable operators x 30 hours for in-house filings = 2,250. 75 cable operators x 2 hours for filings done by outside legal assistance = 150. 150 LFAs x 20 hours for each filing = 3,000. Total burden = 2,250 + 150 + 3,000 = 5,400 hours. Cost to Respondents: We estimate the postage and stationery costs incurred by parties for appeal case to be $10 per party ($20 per case). 150 x $20 = $3,000. We estimate that cable operators [[Page 12639]] contracting out legal assistance will pay $150 per hour for the assistance. 75 cable operators paying outside legal assistance at $150 per hour at 30 hours per filing = $337,500. Total annual costs to respondents = $3,000 + $337,500 = $340,500. Needs and Uses: Section 76.944 provides that any participant at the franchising authority level in a ratemaking proceeding may file an appeal of the franchising authority's decision with the Commission within 30 days of release of the text of the franchising authority's decision. The information is reviewed by the Commission to ensure that franchising authority decisions regarding cable rates are consistent with the provisions of the Cable Television Consumer Protection and Competition Act of 1992 and the Commission's rules regarding cable rate regulation. Commission review of appeals is necessary to ensure uniformity of interpretation of these federal guidelines. OMB Approval Number: 3060-0569. Title: Section 76.975 Commercial leased access dispute resolution. Type of Review: Revision to an existing collection. Respondents: Business or other for-profit entities. Number of Respondents: 90. Estimated Time Per Response: 2-10 hours. Total Annual Burden: 480 hours estimated as follows: Section 76.975 requires that persons alleging that a cable operator's leased access rate is unreasonable must receive a determination of the cable operator's maximum permitted rate from an independent accountant prior to filing a petition for relief with the Commission. We estimate that cable operators will undergo an average burden of 4 hours to arrange for an independent accountant review and coordinate rate information with the selected accountant. This average burden accounts for those instances where parties that cannot agree on a mutually acceptable accountant must each select an independent accountant who in turn selects a third independent accountant. We estimate a need for 30 accountant leased access rate reviews per year. 30 x 4 hours = 120 hours. We estimate that approximately 30 petitions for relief under 76.975 are filed annually with the Commission. Each petition filed also will most likely result in a response being filed by the defendant party. Each petition and response is estimated to have an average burden of 10 hours to complete. Approximately 50% of petitions and responses will be handled by in-house legal staff, while the other 50% will be handled by outside legal assistance. In this instance, respondents will undergo a burden of approximately 2 hours to coordinate information with the outside legal assistance. 15 petitions drafted by in-house legal staff x 10 hours = 150 hours. 15 petitions coordinated with outside legal assistance x 2 hours = 30 hours. 15 responses drafted by in-house legal staff x 10 hours = 150 hours. 15 responses coordinated with outside legal assistance x 2 hours = 30 hours. Total Burden to Respondents = 480 hours: 120 + 150 + 30 + 150 + 30. Annual Cost to Respondents: $69,300 estimated as follows: Leased access dispute petitioners and respondents are estimated to encounter photocopying and postage expenses of $5 per case. 30 petitioners and 30 respondents x $5 per case = $300. The cost for each accountant review of leased access rates is estimated at 30 reviews x 8 hours per review x $100 per hour = $24,000. 50% of petitioners and respondents will use outside legal assistance paid at $150 per hour to file leased access disputes. 15 petitioners + 15 respondents x 10 hours each x $150 per hour = $45,000. Total annual costs = $300 + $24,000 + $45,000 = $69,300. Needs and Uses: Section 76.975 permits any person aggrieved by the failure or refusal of a cable operator to make commercial channel capacity available or to charge rates for such capacity in accordance with the provisions of Title VI of the Communications Act of 1934 may file a petition for relief with the Commission. The Commission has established final leased commercial access rules in the Second Report and Order and Second Order on Reconsideration, CS Docket No. 96-60, FCC 97-27, released February 4, 1997. Among other things, this rulemaking amended Section 76.975, thereby modifying the information collections requirements associated with the rulesection. We account for all paperwork burdens associated with Section 76.975 under this OMB control number. The information will be used by leased access programmers and will be reviewed by the Commission to resolve leased access disputes. OMB Approval No.: 3060-0512. Title: The ARMIS Annual Summary Report (formerly titled,``The ARMIS Quarterly Report''). Form No.: FCC Report 43-01. Type of Review: Extension of an existing collection. Respondents: Businesses or other for profit entities. Number of Respondents: 150 respondents. Estimate Hour Per Response: 200 hours per response. Total Annual burden: 30,000 total annual burden hours. Needs and Uses: ARMIS was implemented to facilitate the timely and efficient analysis of revenue requirements and rate of return, to provide an improved basis for audits and other oversight functions, and to enhance the Commission's ability to quantify the effects of alternative policy. The ARMIS Annual Summary Report contains financial and operating data and is used to monitor the local exchange carrier industry and to perform routine analyses of costs and revenues on behalf of the Commission. It is one of ten reports. OMB Approval No.: None. Title: The ARMIS Customer Satisfaction Report (formerly titled ``The ARMIS semi-Annual Service Quality Report''). Form No.: FCC Report 43-06. Type of Review: Extension of an existing collection. Respondents: Businesses or other for profit entities. Number of Respondents: 8 respondents. Estimate Hour Per Response: 900 hours per response. Total Annual Burden: 7200 hours. Needs and Uses: The Customer Satisfaction Report, formerly the Semi-Annual Quality Report, is based on telephone surveys indicating a percentage of satisfied customers, and is collected by the carriers from residential and businesses customers. OMB Approval No.: 3060-0496. Title: The ARMIS Operating Data Report. Form No.: FCC Report 43-08. Type of Review: Extension of an existing collection. Respondents: Businesses or other for profit entities. Number of Respondents: 50 respondents. Estimate Hour Per Response: 160 hours per response. Total Annual Burden: 8000 hours. Needs and Uses: The ARMIS Operating Data Report consists of statistical schedules previously contained in FCC Form M which are needed by the Commission to monitor network growth, usage, and reliability. OMB Approval Number: 3060-0040. Title: Application for Aircraft Radio Station License Form No.: FCC 404/404A. Type of Review: Revision of a currently approved collection. [[Page 12640]] Respondents: Individuals;State or Local Governments; Businesses or other for-profit; non-profit institutions. Number of Respondents: 1,350. Estimated Time Per Response: 20 minutes (.33). Total Annual Burden: 445.5 hours. Needs and Uses: FCC Rules require that applicants file FCC 404 for a new station license, renewal, or modification of an existing license. An applicant filing for a new station license may operate the aircraft radio station pending issuance of a station license for a period of 90 days under a temporary operating authority evidenced by a properly executed certification on FCC 404A. FCC staff will use the data to determine eligibility for a radio station authorization. The data collected is also used by compliance personnel in conjunction with field engineers for enforcement and interference resolution purposes. There has been a significant decrease in the number of respondents as a result of Report and Order, WT Docket No. 96-82 adopted October 18, 1996 and released October 25, 1996, which eliminated the individual radio licensing requirements for aircraft stations that operate domestically and are not required by statute or treaty to carry a radio.The form has been modified to add a space for the applicant to provide an Internet address. This will provide an additional option of reaching the applicant should the FCC have any questions concerning the application. A space has been added to collect the Taxpayer Identification Number as required in order for the Commission to comply with the Debt Collection Improvement Act of 1996. This information will be redacted from public view. The drug certification has been incorporated into the certification text prior to applicant signature and the requirement to check a ``yes/no'' block eliminated. An additional question has been added to clarify whether the aircraft will make international flights. Federal Communications Commission. William F. Caton, Acting Secretary. [FR Doc. 97-6551 Filed 3-14-97; 8:45 am] BILLING CODE 6712-01-F