Supporting Statement OMB 3060-0580 2009

OMB Control Number: 3060-0580 October 2009

Title: Section 76.1710, Operator Interests in Video Programming

SUPPORTING STATEMENT

A. Justification:

1. 47 CFR Section 76.1710 requires cable operators to maintain records regarding the nature and extent of their attributable interests in all video programming services as well as information regarding their carriage of such vertically integrated video programming services on cable systems in which they also have an attributable interest. These records must be maintained in operators' public files for a period of three years.

The information collection/recordkeeping requirements were formerly included in 47 CFR Section 76.504(e), but the requirements contained in this rule section were changed as part of the 1998 Biennial Regulatory Review—Streamlining of Cable Television Services Part 76 Public File and Notice Requirements, FCC 99-12.

The Commission is requesting an extension of this information collection in order to receive the full three year clearance/approval from OMB.

This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

Statutory authority for this collection of information is contained in Sections 154(i) and 613 of the Communications Act of 1934, as amended.

2. The records are made available to members of the public, local franchising authorities, and the Commission on reasonable notice and during regular business hours. Local franchising authorities and the Commission will review the records to monitor compliance with channel occupancy limits in respective local franchise areas.

3. Cable operators can maintain these required records in the operator’s public files which may include electronic records/files.

4. This agency does not impose a similar information collection on the respondents.

There are no similar data available.

5. This information collection will not have a significant economic impact on a substantial number of small entities/businesses.

6. If these records were not kept, the Commission, the public, and local franchising authorities would not have any means to be aware of the nature and extent of their local cable operator's attributable interests in video programming services.

7. There are no special circumstances associated with this information collection.

8. The Commission published a Notice (74 FR 41902) in the Federal Register on August 19, 2009. No comments were generated as a result of the Notice.

9. No payment or gift was provided to respondents.

10. There is no need for confidentiality with this information collection.

11. This information collection does not address any private matters of a sensitive nature.

12. We estimate there are approximately 1,500 cable operators. The average burden on cable operators is 15 hours per operator to maintain their records.

Total Number of Annual Respondents: 1, 500 cable operators

Total Number of Annual Responses: 1, 500 records kept

Annual Burden Hours: 1,500 records x 15 hours/operator = 22,500 hours

Annual “In-house Cost”: We estimate that these respondents would have an average salary of $100,000/year ($48.08/hour).

1,500 records x 15 hours/operator x $48.08/hour = $1,081,800

Total Annual “In-House Cost”: $1,081,800

This estimate is based on FCC staff's knowledge and familiarity with the availability of the data required.

13. Annual Cost Burden:

1. Total annualized capital/startup costs: None

2. Total annual costs (O&M): None

(c) Total annualized cost requested: None

14. There is no cost to the Federal Government.

15. There are no program changes or adjustments.

16. The data will not be published.

17. OMB approval of the expiration date of the information collection will be displayed at 47 CFR Section 0.408.

18. There are no exceptions to the Certification Statement.

2. Collections of Information Employing Statistical Methods:

No statistical methods are employed.

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