[Federal Register: May 12, 2008 (Volume 73, Number 92)]
[Notices]               
[Page 26988-26990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my08-36]                         

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FEDERAL COMMUNICATIONS COMMISSION

 
Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

May 6, 2008.
SUMMARY: As part of its continuing effort to reduce paperwork burden 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission invites the general 
public and other Federal agencies to comment on the following 
information collection(s). 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. An agency 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 
Paperwork Reduction Act that does not display a valid OMB control 
number.

DATES: Written PRA comments should be submitted on or before July 11, 
2008. 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: You 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. 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.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0980.
    Title: 47 CFR Section 76.66, Implementation of the Satellite Home 
Viewer Improvement Act of 1999: Local

[[Page 26989]]

Broadcast Signal Carriage Issues and Retransmission Consent Issues.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents/Responses: 7,372 respondents; 11,938 
responses.
    Estimated Hours per Response: 1 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement; Every three years reporting requirement.
    Total Annual Burden: 12,146 hours.
    Total Annual Cost: $16,000.
    Nature of Response: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
the Satellite Home Viewer Extension and Reauthorization Act of 2004, 
Public Law No. 108-447, Sections 202, 205, 209, 210, 118 Stat. 2809 
(2004); 47 CFR Sections 325, 338, 339, and 340.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: On March 27, 2008 the Commission released a Second 
Report and Order, Memorandum Opinion and Order, and Second Further 
Notice of Proposed Rulemaking Carriage of Digital Television Broadcast 
Signals: Amendment to Part 76 of the Commission's Rules; Implementation 
of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast 
Signal Carriage Issues and Retransmission Consent Issues, FCC 08-86, CS 
Docket 00-96. We amend the rules to require satellite carriers to carry 
digital-only stations upon request in markets in which they are 
providing any local-into-local service pursuant to the statutory 
copyright license, and to require carriage of all high definition 
(``HD'') signals in a market in which any station's signals are carried 
in HD. The latter requirement will be phased-in over a four year 
period. The final rule imposes the following requirements:
    47 CFR 76.66(b)(1) states each satellite carrier providing, under 
section 122 of title 17, United States Code, secondary transmissions to 
subscribers located within the local market of a television broadcast 
station of a primary transmission made by that station, shall carry 
upon request the signals of all television broadcast stations located 
within that local market, subject to section 325(b) of title 47, United 
States Code, and other paragraphs in this section. Satellite carriers 
are required to carry digital-only stations upon request in markets in 
which the satellite carrier is providing any local-into-local service 
pursuant to the statutory copyright license.
    47 CFR 76.66(d)(2)(vi) requires satellite carriers to notify all 
local stations in a market of their intent to launch HD carry-one, 
carry-all in that market at least 60 days before commencing such 
carriage.
    Non-rule requirement: Satellite carriers must immediately commence 
carriage of the digital signal of a television station that ceases 
analog broadcasting prior to the February 17, 2009 transition deadline 
provided that the broadcaster notifies the satellite carrier on or 
before October 1, 2008 of the date on which they anticipate termination 
of their analog signal.
    The following information collections requirements are also a part 
of this information collection and have not changed since last approved 
by OMB:
    47 CFR 76.66(b)(2) requires a satellite carrier that offers 
multichannel video programming distribution service in the United 
States to more than 5,000,000 subscribers shall, no later than December 
8, 2005, carry upon request the signal originating as an analog signal 
of each television broadcast station that is located in a local market 
in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon 
request the signals originating as digital signals of each television 
broadcast station that is located in a local market in Alaska or 
Hawaii. Such satellite carrier is not required to carry the signal 
originating as analog after commencing carriage of digital signals on 
June 8, 2007. Carriage of signals originating as digital signals of 
each television broadcast station that is located in a local market in 
Alaska or Hawaii shall include the entire free over-the-air signal, 
including multicast and high definition digital signals.
    47 CFR 76.66(c)(3) requires that a commercial television station 
notify a satellite carrier in writing whether it elects to be carried 
pursuant to retransmission consent or mandatory consent in accordance 
with the established election cycle.
    47 CFR 76.66(c)(5) requires that a noncommercial television station 
must request carriage by notifying a satellite carrier in writing in 
accordance with the established election cycle.
    47 CFR 76.66(c)(6) requires a commercial television broadcast 
station located in a local market in a noncontiguous state to make its 
retransmission consent-mandatory carriage election by October 1, 2005, 
for carriage of its signals that originate as analog signals for 
carriage commencing on December 8, 2005 and ending on December 31, 
2008, and by April 1, 2007 for its signals that originate as digital 
signals for carriage commencing on June 8, 2007 and ending on December 
31, 2008. For analog and digital signal carriage cycles commencing 
after December 31, 2008, such stations shall follow the election cycle 
in 47 CFR Section 76.66(c)(2) and 47 CFR Section 76.66(c)(4). A 
noncommercial television broadcast station located in a local market in 
Alaska or Hawaii must request carriage by October 1, 2005, for carriage 
of its signals that originate as an analog signal for carriage 
commencing on December 8, 2005 and ending on December 31, 2008, and by 
April 1, 2007 for its signals that originate as digital signals for 
carriage commencing on June 8, 2007 and ending on December 31, 2008. 
Moreover, Section 76.66(c) requires a commercial television station 
located in a local market in a noncontiguous state to provide 
notification to a satellite carrier whether it elects to be carried 
pursuant to retransmission consent or mandatory consent.
    47 CFR 76.66(d)(1)(ii) states an election request made by a 
television station must be in writing and sent to the satellite 
carrier's principal place of business, by certified mail, return 
receipt requested.
    47 CFR 76.66(d)(1)(iii) states a television station's written 
notification shall include the:
    (A) Station's call sign;
    (B) Name of the appropriate station contact person;
    (C) Station's address for purposes of receiving official 
correspondence;
    (D) Station's community of license;
    (E) Station's DMA assignment; and
    (F) For commercial television stations, its election of mandatory 
carriage or retransmission consent. 47 CFR 76.66(d)(1)(iv) states 
within 30 days of receiving a television station's carriage request, a 
satellite carrier shall notify in writing: (A) those local television 
stations it will not carry, along with the reasons for such a decision; 
and (B) those local television stations it intends to carry.
    47 CFR 76.66(d)(2)(i) states a new satellite carrier or a satellite 
carrier providing local service in a market for the first time after 
July 1, 2001, shall inform each television broadcast station licensee 
within any local market in which a satellite carrier proposes to 
commence carriage of signals of stations from that market, not later 
than 60 days prior to the commencement of such carriage
    (A) Of the carrier's intention to launch local-into-local service 
under this section in a local market, the identity of that local 
market, and the location of the

[[Page 26990]]

carrier's proposed local receive facility for that local market;
    (B) Of the right of such licensee to elect carriage under this 
section or grant retransmission consent under section 325(b);
    (C) That such licensee has 30 days from the date of the receipt of 
such notice to make such election; and
    (D) That failure to make such election will result in the loss of 
the right to demand carriage under this section for the remainder of 
the 3-year cycle of carriage under section 325.
    47 CFR 76.66(d)(2)(ii) states satellite carriers shall transmit the 
notices required by paragraph (d)(2)(i) of this section via certified 
mail to the address for such television station licensee listed in the 
consolidated database system maintained by the Commission.
    47 CFR 76.66(d)(2)(iii) requires a satellite carrier with more than 
five million subscribers to provide a notice as required by 47 CFR 
76.66(d)(2)(i) and 47 CFR 76.66(d)(2)(ii) to each television broadcast 
station located in a local market in a noncontiguous state, not later 
than September 1, 2005 with respect to analog signals and a notice not 
later than April 1, 2007 with respect to digital signals; provided, 
however, that the notice shall also describe the carriage requirements 
pursuant to Section 338(a)(4) of Title 47, United States Code, and 47 
CFR 76.66(b)(2).
    47 CFR 76.66(d)(2)(v) states within 30 days of receiving a local 
television station's election of mandatory carriage in a new television 
market, a satellite carrier shall notify in writing: Those local 
television stations it will not carry, along with the reasons for such 
decision, and those local television stations it intends to carry.
    47 CFR 76.66(d)(3)(ii) states a new television station shall make 
its election request, in writing, sent to the satellite carrier's 
principal place of business by certified mail, return receipt 
requested, between 60 days prior to commencing broadcasting and 30 days 
after commencing broadcasting. This written notification shall include 
the information required by paragraph (d)(1)(iii) of this section.
    47 CFR 76.66(d)(3)(iv) states within 30 days of receiving a new 
television station's election of mandatory carriage, a satellite 
carrier shall notify the station in writing that it will not carry the 
station, along with the reasons for such decision, or that it intends 
to carry the station.
    47 CFR 76.66(d)(5)(i) states beginning with the election cycle 
described in Sec.  76.66(c)(2), the retransmission of significantly 
viewed signals pursuant to Sec.  76.54 by a satellite carrier that 
provides local-into-local service is subject to providing the 
notifications to stations in the market pursuant to paragraphs 
(d)(5)(i)(A) and (B) of this section, unless the satellite carrier was 
retransmitting such signals as of the date these notifications were 
due.
    (A) In any local market in which a satellite carrier provided 
local-into-local service on December 8, 2004, at least 60 days prior to 
any date on which a station must make an election under paragraph (c) 
of this section, identify each affiliate of the same television network 
that the carrier reserves the right to retransmit into that station's 
local market during the next election cycle and the communities into 
which the satellite carrier reserves the right to make such 
retransmissions;
    (B) In any local market in which a satellite carrier commences 
local-into-local service after December 8, 2004, at least 60 days prior 
to the commencement of service in that market, and thereafter at least 
60 days prior to any date on which the station must thereafter make an 
election under Sec.  76.66(c) or (d)(2), identify each affiliate of the 
same television network that the carrier reserves the right to 
retransmit into that station's local market during the next election 
cycle.
    47 CFR 76.66(f)(3) states except as provided in 76.66(d)(2), a 
satellite carrier providing local-into-local service must notify local 
television stations of the location of the receive facility by June 1, 
2001 for the first election cycle and at least 120 days prior to the 
commencement of all election cycles thereafter.
    47 CFR 76.66(f)(4) states a satellite carrier may relocate its 
local receive facility at the commencement of each election cycle. A 
satellite carrier is also permitted to relocate its local receive 
facility during the course of an election cycle, if it bears the signal 
delivery costs of the television stations affected by such a move. A 
satellite carrier relocating its local receive facility must provide 60 
days notice to all local television stations carried in the affected 
television market.
    47 CFR 76.66(h)(5) states a satellite carrier shall provide notice 
to its subscribers, and to the affected television station, whenever it 
adds or deletes a station's signal in a particular local market 
pursuant to this paragraph.
    47 CFR 76.66(m)(1) states whenever a local television broadcast 
station believes that a satellite carrier has failed to meet its 
obligations under this section, such station shall notify the carrier, 
in writing, of the alleged failure and identify its reasons for 
believing that the satellite carrier failed to comply with such 
obligations.
    47 CFR 76.66(m)(2) states the satellite carrier shall, within 30 
days after such written notification, respond in writing to such 
notification and comply with such obligations or state its reasons for 
believing that it is in compliance with such obligations.
    47 CFR 76.66(m)(3) states a local television broadcast station that 
disputes a response by a satellite carrier that it is in compliance 
with such obligations may obtain review of such denial or response by 
filing a complaint with the Commission, in accordance with Sec.  76.7 
of title 47, Code of Federal Regulations. Such complaint shall allege 
the manner in which such satellite carrier has failed to meet its 
obligations and the basis for such allegations.
    47 CFR 76.66(m)(4) states the satellite carrier against which a 
complaint is filed is permitted to present data and arguments to 
establish that there has been no failure to meet its obligations under 
this section.

Federal Communications Commission.

Marlene H. Dortch,
Secretary.
 [FR Doc. E8-10519 Filed 5-9-08; 8:45 am]

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