SUPPORTING STATEMENT
1. 47 CFR 76.911(a) states a cable operator, or other interested party, may challenge a franchising authority's certification by filing a petition for reconsideration. The petition may allege either of the following:
(1) The cable operator is not subject to rate regulation because effective competition exists as defined in 47 CFR 76.905.
(2) The franchising authority does not meet the certification standards set forth
in 47 U.S.C. 543(a)(3).
47 CFR 76.911(b)(2) states a petitioner filing pursuant to 47 CFR 76.911(a)(2) may request a stay of rate regulation. A filing pursuant to 47 CFR 76.911(a)(1) will automatically stay rate regulation.
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 4(i) and 623 of the Communications Act of 1934, as amended.
2. Commission staff use the information derived from petitions for reconsideration of certification to resolve disputes concerning the presence or absence of effective competition in franchise areas and to determine whether there are grounds for denying franchising authority certifications to regulate rates.
3. We do not believe that the use of information technology is feasible in this situation.
4. The agency does not impose similar information collection requirements on the respondents. There are no similar data available.
5. This collection of information does not have a significant impact on a substantial number of small businesses/small entities.
6. If the information was not collected, it may not be possible in many instances to rebut the presumption that a cable system is not subject to effective competition. This could possibly result in rates being regulated in franchise areas subject to effective competition, in contravention of the 1992 Cable Act.
7. There are no special circumstances that the information collection requirements will be collected in a manner that is inconsistent with 5 CFR Section 1320.
8. The Commission published a Notice (75 FR 9600) in the Federal Register on March 3, 2010. No comments were received as a result of the Notice.
9. There are no gifts or payments given to respondents for complying with this information collection requirement.
10. There is no need for confidentiality with this collection of information.
11. This collection of information does not address any private matters of a sensitive nature.
12. We estimate that cable operators and other entities will annually initiate no more than 10 petitions for reconsideration of certification. We estimate that the average burden to complete all aspects of each petition process is 10 hours for each petitioning party and responding party.
We estimate that no more than 5 cable operators may, if evidence establishing effective competition is not otherwise available, need to request from a competitor information regarding the competitor's reach and number of subscribers. The burden associated with supplying this information is estimated to be 2 hours per request.
Total Number of Annual Respondents: 10 petitioners
10 responding parties
5 competitor operators
25 respondents
Total Number of Annual Responses: 10 petitions
10 responses to petitions
5 competitor requests from cable operators
5 responses to requests from competitors
30 responses
Total annual burden hours:
10 petitions x 2 parties each1 x 10 hours/party = 200 hours
5 occurrences x 2 parties each2 x 2 hours/party = 20 hours
220 hours
Total “In-house” Cost: We estimate that in-house attorneys paid at an average hourly wage of $100.00 per hour will implement this information collection.
10 petitions x 2 parties each3 x 10 hours/party x $100/hour = $20,000
5 occurrences x 2 parties each4 x 2 hours/party x $100/hour = $ 2,000
$22,000
These estimates are based on Commission staff's knowledge and familiarity with the data required.
13. Annual Cost Burden:
Total annualized capital/startup costs: None
Total annual costs (O&M): None
(c) Total annualized cost requested: None
14. Cost to the Federal Government. Petitions for reconsideration of certification estimated to be filed under 47 CFR Section 76.911: 10 per year
Hours Cost Cost Cases Total
p/Case p/Hour p/Case5 Cost
Professional 38 hours $48.35 $1,837.30 10 $18,373.00
Managerial 1 hour $67.21 $ 67.21 10 $ 672.10
Clerical 1 hour $22.92 $ 22.92 10 $ 229.20
Total Cost to the Federal Government: $19,274.30
15. There are no program charges or adjustments to this information collection.
16. The data will not be published for statistical use.
17. We do not seek approval to not display the expiration date for OMB approval of the information collection.
18. There are no exceptions to the Certification Statement.
No statistical methods are employed.
1 There is a petitioning party and a responding party.
2 There is a party requesting information and a party responding to the request.
3 There is a petitioning party and a responding party.
4 There is a party requesting information and a party responding to the request.
5 The hourly wages for the Federal employees are as follows: Managerial staff, GS-15 step 5 ($67.21/hour); Professional staff, GS-13 step 5 ($48.35/hour) and Clerical staff, GS-7 step 5 ($22.92).
| File Type | application/msword |
| File Title | SUPPORTING STATEMENT |
| Author | SGERMAN |
| Last Modified By | cathy.williams |
| File Modified | 2010-03-03 |
| File Created | 2010-02-23 |