View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3060-0546
ICR Reference No:
201504-3060-005
Status:
Historical Inactive
Previous ICR Reference No:
201406-3060-020
Agency/Subagency:
FCC
Agency Tracking No:
MB
Title:
Section 76.59, Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Preapproved
Conclusion Date:
06/17/2015
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/13/2015
Terms of Clearance:
Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2018
36 Months From Approved
06/30/2017
Responses
100
0
75
Time Burden (Hours)
976
0
1,440
Cost Burden (Dollars)
1,277,300
0
1,440,000
Abstract:
On March 26, 2015, the Commission released a Notice of Proposed Rulemaking (NPRM), FCC 15-34, in MB Docket No. 15-71, proposing satellite television "market modification" rules to implement Section 102 of the Satellite Television Extension and Localism Act (STELA) Reauthorization Act of 2014 (STELAR). The STELAR amended the Communications Act and the Copyright Act to give the Commission authority to modify a commercial television broadcast station's local television market – defined by The Nielsen Company's Designated Market Area (DMA) in which it is located – to include additional communities or exclude communities for purposes of better effectuating satellite carriage rights. The Commission previously had the authority to modify a station's market only in the cable carriage context. With Section 102 of the STELAR, Congress provides regulatory parity in this regard and intends to promote consumer access to in-state and other relevant television programming. Congress' intent through this provision of STELAR, and the Commission's actions in this NPRM, seek to address satellite subscribers' inability to receive in-state programming in certain areas, sometimes called "orphan counties." In this NPRM, consistent with Congress' intent that the Commission model the satellite market modification process on the current cable market modification process, the Commission proposes to implement Section 102 of the STELAR by revising the current cable market modification rule, Section 76.59, to apply also to satellite carriage, while adding provisions to the rules to address the unique nature of satellite television service.
Authorizing Statute(s):
US Code:
47 USC 151, 154(i), 303(r), 338, 534
Name of Law: Cable Television Consumer Protection and Competition Act of 1992
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3060-AK34
Proposed rulemaking
80 FR 19594
04/13/2015
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
80 FR 19594
04/13/2015
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 19594
04/13/2015
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Section 76.59, Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules
ICR Summary of Burden
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
100
75
0
50
-25
0
Annual Time Burden (Hours)
976
1,440
0
488
-952
0
Annual Cost Burden (Dollars)
1,277,300
1,440,000
0
638,650
-801,350
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
There are proposed program changes to this collection which are due to the proposed information collection requirements adopted in FCC 15-34. Therefore, if the proposed requirements are adopted in a final rulemaking by the Commission, the following will occur to OMB's inventory: an increase of 40 to the number of respondents, an increase of 50 to the number of responses, an increase of 488 to the annual burden hours and an increase of $638,650 to the annual burden cost. There are adjustments to this collection which are due to the Commission reevaluating the existing burdens for this collection. Therefore, the adjustments are as follows: a decrease to the number of respondents of 35, a decrease to the number of responses of 25, a decrease to the annual burden hours of 952 and a decrease to the annual cost of $801,350.
Annual Cost to Federal Government:
$2,251,120
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Evan Baranoff 202 418-7142 evan.baranoff@fcc.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
04/13/2015
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