Local Franchising Authority Certification, FCC Form 328; Section 76.910, Franchising Authority Certification

Forms and Documents

Document Name	Status
Form FCC Form 328 Local Franchising Authority Certification Form	Modified
Supporting Statement OMB 3060-0550 (June 2015).docx Supporting Statement A	2015-07-07

IC Document Collections

IC ID	Document Title	Status
30350	Local Franchising Authority Certification Form	Modified
215759	Local Franchising Authority Certification	Unchanged

ICR Details

OMB Control No: 3060-0550	ICR Reference No: 201507-3060-001
Status: Historical Active	Previous ICR Reference No: 201503-3060-010
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Local Franchising Authority Certification, FCC Form 328; Section 76.910, Franchising Authority Certification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/25/2015
	Date Received in OIRA: 07/08/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2018	36 Months From Approved	02/28/2017
Responses	13	0	20
Time Burden (Hours)	26	0	10
Cost Burden (Dollars)	0	0	0

---

Abstract: On May 3, 1993, the Commission released a Report and Order and Further Notice of Proposed Rulemaking, MM Docket No. 92-266, FCC 93-177; In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992; Rate Regulation. Among other things, the Report and Order implemented Section 3(a) of the Cable Television Consumer Protection and Competition Act of 1992 wherein a franchising authority must file with the Commission a written certification when it seeks to regulate basic service cable rates. FCC Form 328 is used by franchising authorities to request certification. On June 3, 2015, the Commission released a Report and Order ("Order"), MB Docket No. 15-53, FCC 15-62; In the Matter of Amendment to the Commission's Rules Concerning Effective Competition; Implementation of Section 111 of the STELA Reauthorization Act. The Order adopts a rebuttable presumption that cable operators are subject to competing provider effective competition. This Supporting Statement reflects changes to FCC Form 328, which must be revised as a result of the Order. It also incorporates Section 76.910 as part of this information collection, including the revisions to the rule as set forth in the Order.

---

Authorizing Statute(s): US Code: 47 USC 543, 4(j) and 623 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AK24	Final or interim final rulemaking	80 FR 38001	07/02/2015

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 14894	03/20/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 39111	07/08/2015
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Local Franchising Authority Certification	FCC Form 328	Franchising Authority Certification
Local Franchising Authority Certification

---

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	13	20	0	-7	0	0
Annual Time Burden (Hours)	26	10	0	16	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: The following figures will be added to OMB's inventory as a result of the information collection requirements adopted in FCC 15-62: the total number of annual respondents covered by this information collection will decrease by 13, the total number of annual responses will decrease by 7, and the total annual burden hours will increase by 16 hours.

---

Annual Cost to Federal Government: $454

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

---

Common Form ICR:  No

---

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: 07/08/2015

---