This collection
establishes a process by which entities affected by Section 207s
requirements regarding restrictions on over-the- air reception
devices can seek both declaratory FCC rulings and waivers from
these restrictions. OMB believes that the FCC has underestimated
the number and frequency of these filings and has doubled the FCCs
requested hour and cost burden. The FCC has permission to establish
a similar process for restrictions on property not under exclusive
use or control of the viewer subject to the outcome of its further
NPRM. OMB believes that the FCC has narrowed the scope of these
rules by regulating attempts to impair rather than affect the
ability to receive the appropriate signals. One commentor stated
that the cost of changing homeowners association rules should also
be included -- by extension this would apply to other governmental
entities as well. The FCC responded to similar comments by the
National League of Cities by clarifying the rule and stipulating
that local regulations need not be rewritten or amended. The FCC
should perform a similar analysis of how homeowners associations
will respond to the FNPRM and whether an additional burden will be
imposed on these entities by forcing them to change the terms of
their homeowners agreements, covenents, and rules for common areas.
The results of this analysis should be incorporated in the FNPRM
process.
Inventory as of this Action
Requested
Previously Approved
10/31/1999
10/31/1999
06/30/1999
992
0
300
3,376
0
1,290
356,000
0
153,000
Pursuant to the section 207 of the
Telecommunications Act of 1996, the Commission has adopted final
rules for a preemption of State, local, and nongovernmental
regulations that impair viewers' ability to receive over-the-air
signals. Rules and regulations serving safety purposes are exempt
from the Commission's prohibition. State, local, and
nongovernnmental entities may demonstrate the reasonableness of
their regulations by filing requests for declaratory rulings or
petitions for waivers with the Commission. These filings constitute
the information collection foreseen by the Commission.
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:
(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;
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.