Section 1.221, Notice of Hearing; Appearances; Section 1.229 Motions to Enlarge, Change, or Delete Issues; Section 1.248 Prehearing Conferences; Hearing Conferences; Section 76.7, Petition Procedures;

Forms and Documents

Document Name	Status
Nonsubstantive change request for 3060-0888 (October 2012).doc Justification for No Material/Nonsubstantive Change	2012-10-18
Supporting Statement OMB 3060-0888 Oct 2012.doc Supporting Statement A	2012-10-18

IC Document Collections

IC ID	Document Title	Status
31290	Section 1.221, Notice of Hearing; Appearances; Section 1.229 Motions to Enlarge, Change, or Delete Issues; Section 1.248 Prehearing conferences; Hearing Conferences; Section 76.7, Petition Procedures;	Modified

ICR Details

OMB Control No: 3060-0888	ICR Reference No: 201210-3060-007
Status: Historical Active	Previous ICR Reference No: 201112-3060-008
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 1.221, Notice of Hearing; Appearances; Section 1.229 Motions to Enlarge, Change, or Delete Issues; Section 1.248 Prehearing Conferences; Hearing Conferences; Section 76.7, Petition Procedures;
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/25/2012
	Date Received in OIRA: 10/18/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2015	01/31/2015	01/31/2015
Responses	684	0	668
Time Burden (Hours)	34,816	0	32,264
Cost Burden (Dollars)	3,160,080	0	2,705,400

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Abstract: On August 1, 2011, the Commission adopted a Second Report and Order ("Second R&O"), Leased Commercial Access; Development of Competition and Diversity in Video Programming Distribution and Carriage, MB Docket No. 11-131, FCC 11-119. In the Second R&O, the Commission took initial steps to improve the procedures for addressing program carriage complaints by: (i) codifying in the Commission's rules what a program carriage complainant must demonstrate in its complaint to establish a prima facie case of a program carriage violation; (ii) providing the defendant with 60 days (rather than the current 30 days) to file an answer to a program carriage complaint; (iii) establishing deadlines for action by the Media Bureau and Administrative Law Judges ("ALJ") when acting on program carriage complaints; and (iv) establishing procedures for the Media Bureau's consideration of requests for a temporary standstill of the price, terms, and other conditions of an existing programming contract by a program carriage complainant seeking renewal of such a contract. This non-substantial change request is being submitted to OMB to reflect the change in the treatment of exclusive contracts in served areas and the increase in burden hours resulting from additional program access complaints that may be filed as a result of this change.

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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-AI87	Final or interim final rulemaking	76 FR 60652	09/29/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 55061	09/06/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 77529	12/13/2011
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 1.221, Notice of Hearing; Appearances; Section 1.229 Motions to Enlarge, Change, or Delete Issues; Section 1.248 Prehearing conferences; Hearing Conferences; Section 76.7, Petition Procedures;

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ICR Summary of Burden

	Total Approved	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	684	668	0	0	16	0
Annual Time Burden (Hours)	34,816	32,264	0	0	2,552	0
Annual Cost Burden (Dollars)	3,160,080	2,705,400	0	0	454,680	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: No

Burden Reduction Due to:

Short Statement: This non-substantial change request is being submitted to OMB to reflect the change in the treatment of exclusive contracts in served areas and the increase in burden hours resulting from additional program access complaints that may be filed as a result of this change. Therefore, the total number of respondents have increased by +16, the total number of annual responses has increased by +16 responses, the total annual burden hours increased by +2,552 and total annual cost burden increased by +$454,680 for this information collection. There are no program changes to this information collection.

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Annual Cost to Federal Government: $717,011

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: 10/18/2012

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