Section 76.7, Petition Procedures; Section 76.9, Confidentiality of Proprietary Information; Section 76.61, Dispute Concerning Carriage; Section 76.914, Revocation of Certification; Section 76.1001...

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-0888 (PROPOSED RULES) (FCC 11-119) (August 2011) FINAL.doc Supporting Statement A	2011-09-29

IC Document Collections

IC ID	Document Title	Status
31290	Section 76.7 Petition Procedures; Section 76.9 Confidentiality of Proprietary Information; Section 76.61, Dispute Concerning Carriage, Section 76,914, Revocation of Certification;....	Modified

ICR Details

OMB Control No: 3060-0888	ICR Reference No: 201109-3060-018
Status: Historical Inactive	Previous ICR Reference No: 201005-3060-007
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 76.7, Petition Procedures; Section 76.9, Confidentiality of Proprietary Information; Section 76.61, Dispute Concerning Carriage; Section 76.914, Revocation of Certification; Section 76.1001...
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: 11/08/2011
	Date Received in OIRA: 09/29/2011
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	11/30/2014	36 Months From Approved	06/30/2013
Responses	648	0	640
Time Burden (Hours)	26,957	0	23,040
Cost Burden (Dollars)	1,749,600	0	1,065,600

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Abstract: On August 1, 2011, the Commission adopted a Notice of Proposed Rulemaking ("NPRM"), Revision of the Commission's Program Carriage Rules, MB Docket No. 11-131, FCC 11-119. The Commission seeks comment on the following proposed revisions to or clarifications of the program carriage rules, which are intended to further improve the Commission's procedures and to advance the goals of the program carriage statute: (i) modifying the program carriage statute of limitations to provide that a complaint must be filed within one year of the act that allegedly violated the rules; (ii) revising discovery procedures for program carriage complaint proceedings in which the Media Bureau rules on the merits of the complaint after discovery is conducted, including expanded discovery procedures (also known as party-to-party discovery) and an automatic document production process, to ensure fairness to all parties while also ensuring compliance with the expedited resolution deadlines; (iii) permitting the award of damages in program carriage cases; (iv) providing the Media Bureau or administrative law judge ("ALJ") with the discretion to order parties to submit their best "final offer" for the rates, terms, and conditions for the programming at issue in a complaint proceeding to assist in crafting a remedy; (v) clarifying the rule that delays the effectiveness of a mandatory carriage remedy until it is upheld by the Commission on review, including codifying a requirement that the defendant MVPD must make an evidentiary showing to the Media Bureau or an ALJ as to whether a mandatory carriage remedy would result in deletion of other programming; (vi) codifying in the Commission's rules that retaliation by an MVPD against a programming vendor for filing a program carriage complaint is actionable as a potential form of discrimination on the basis of affiliation and adopting other measures to address retaliation; (vii) adopting a rule that requires a vertically integrated MVPD to negotiate in good faith with an unaffiliated programming vendor with respect to video programming that is similarly situated to video programming affiliated with the MVPD; (viii) clarifying that the discrimination provision precludes a vertically integrated MVPD from discriminating on the basis of a programming vendor's lack of affiliation with another MVPD; and (ix) codifying in the Commission's rules which party bears the burden of proof in program carriage discrimination cases.

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Authorizing Statute(s): US Code: 47 USC 4(i), 303(r) and 616 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AI95	Proposed rulemaking	76 FR 60675	09/29/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 60675	09/29/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 60675	09/29/2011
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Section 76.7 Petition Procedures; Section 76.9 Confidentiality of Proprietary Information; Section 76.61, Dispute Concerning Carriage, Section 76,914, Revocation of Certification;....

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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	648	640	0	8	0	0
Annual Time Burden (Hours)	26,957	23,040	0	3,917	0	0
Annual Cost Burden (Dollars)	1,749,600	1,065,600	0	684,000	0	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: As a result of the NPRM, FCC 11-119, there are program changes to this collection. They are as follows: the total number of respondents has increased by +8, the total number of annual responses has increased by +8 responses, the total annual burden hours increased by +3,917 and total annual cost burden increased by +$684,000 for this information collection. There are no adjustments to this information collection.

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Annual Cost to Federal Government: $657,153

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

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Common Form ICR:  No

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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: 09/29/2011

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