Section 76.601, Performance Tests, Section 76.1704, Proof of Performance Test Data; Section 76.1705, Performance Tests (Channels Delivered); 76.1717, Compliance with Technical Standards

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-0289 (2012).doc Supporting Statement A	2012-10-09

IC Document Collections

IC ID	Document Title	Status
29892	Section 76.601, Performance Tests, Section 76.1704, Proof of Perforance Test Data, Section 76.1705, Performance Tests, 76.1717, Compliance with Technical Standards	Modified
184899	Section 76.601, Performance Tests, Section 76.1704, Proof of Perforance Test Data, Section 76.1705, Performance Tests, 76.1717, Compliance with Technical Standards	Modified

ICR Details

OMB Control No: 3060-0289	ICR Reference No: 201210-3060-001
Status: Historical Inactive	Previous ICR Reference No: 201103-3060-035
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 76.601, Performance Tests, Section 76.1704, Proof of Performance Test Data; Section 76.1705, Performance Tests (Channels Delivered); 76.1717, Compliance with Technical Standards
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: 12/06/2012
	Date Received in OIRA: 10/09/2012
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	12/31/2015	36 Months From Approved	05/31/2014
Responses	7,705	0	12,185
Time Burden (Hours)	178,697	0	276,125
Cost Burden (Dollars)	0	0	0

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Abstract: On August 3, 2012, the Commission released a Notice of Proposed Rulemaking, In the Matter of Cable Television Technical and Operational Requirements, MB Docket No. 12-217; FCC 12-86. This rulemaking proposes to revise the information collection requirements that support the Commission's cable television proof-of-performance rules that would be codified at 47 CFR 76.601, as required by the 1992 Cable Act at 47 USC 624(e). Currently, the Commission's rules are designed for analog transmission; the Notice of Proposed Rulemaking proposes creation of equivalent, digital rules. In recent years, operators transitioning away from analog cable technology have no longer been able to perform proof-of-performance testing on those systems or portions of systems. By creating equivalent, digital rules, the NPRM proposes to once again require the majority of the cable industry to meet standards. Further, this NPRM proposes the creation of a streamlined waiver process by which systems that cannot comply with the Commission's proposed rules may submit an alternate plan to the Commission.

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Authorizing Statute(s): US Code: 47 USC 4 (i) and 624(e) 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-AJ81	Proposed rulemaking	77 FR 61351	10/09/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 61351	10/09/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 61351	10/09/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Section 76.601, Performance Tests, Section 76.1704, Proof of Perforance Test Data, Section 76.1705, Performance Tests, 76.1717, Compliance with Technical Standards
Section 76.601, Performance Tests, Section 76.1704, Proof of Perforance Test Data, Section 76.1705, Performance Tests, 76.1717, Compliance with Technical Standards

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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	7,705	12,185	0	-4,480	0	0
Annual Time Burden (Hours)	178,697	276,125	0	-97,428	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The Commission will have program changes of -3,100 to the number of respondents, -4,480 to the number of responses and -97,428 to the annual burden hours if the proposed requirements contained in FCC 12-86 are adopted in a final rulemaking. Also, widespread industry consolidation has resulted in fewer, though larger, respondents, resulting in a decrease in the total number of estimated responses and in term a decrease in the annual burden hours.

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Annual Cost to Federal Government: $101,408

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: 10/09/2012

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