47 CFR Sections 76.1700, Records to be maintained locally by Cable System; 76.1702, EEO; 76.1703, Commercial Records on Children's Programs; 76.1707, Leased Access; Section 76.1711....

Forms and Documents

Document Name	Status
Broadcast1Source comment (4).docx Supplementary Document	2016-05-03
Supporting Statement OMB 3060-0316 (FCC 16-4).doc Supporting Statement A	2016-02-29

IC Document Collections

IC ID	Document Title	Status
29946	47 CFR Sections 76.1700, Records to be maintained locally by Cable System Operators; 76.1703, Commercial Records on Children's Programs; 76.1707....	Modified

ICR Details

OMB Control No: 3060-0316	ICR Reference No: 201602-3060-019
Status: Historical Active	Previous ICR Reference No: 201512-3060-014
Agency/Subagency: FCC	Agency Tracking No: MB
Title: 47 CFR Sections 76.1700, Records to be maintained locally by Cable System; 76.1702, EEO; 76.1703, Commercial Records on Children's Programs; 76.1707, Leased Access; Section 76.1711....
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/04/2016
	Date Received in OIRA: 02/29/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2019	36 Months From Approved	02/28/2019
Responses	3,000	0	3,000
Time Burden (Hours)	54,000	0	75,000
Cost Burden (Dollars)	591,840	0	0

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Abstract: The Commission is revising this collection to reflect the Commission’s adoption of a Report and Order (“R&O”) in MB Docket No. 14-127, FCC 16-4, In the Matter of Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, adopted on January 28, 2016. The R&O revised 47 C.F.R. Sections 76.1700 and 76.1702(a). The R&O expands to cable operators the requirement that public inspection files be posted to an FCC- hosted online public file database. The Commission stated that its goal is to make information that these entities are already required to make publicly available more accessible while also reducing costs both for the government and the public sector. The Commission took the same general approach to transitioning cable operators to the online file that it took with television broadcasters in 2012, tailoring the requirements as necessary to the different services. The Commission also took similar measures to minimize the effort and cost entities must undertake to move their public files online. Specifically, the Commission required cable operators only to upload to the online public file documents that are not already on file with the Commission or that the Commission maintains in its own database. The Commission also exempted existing political file material from the online file requirement and required that political file documents be uploaded only on a going-forward basis. Section 76.1700 addresses the records to be maintained by cable system operators. The R&O revised Section 76.1700 to require that cable operators maintain their public inspection file online on the website hosted by the FCC. In addition, the Commission reorganized Section 76.1700 to more clearly address which records must be maintained in the public inspection file versus those that must be made available to the Commission or franchising authority upon request. Among other changes, the Commission clarified that proof-of-performance test data and signal leakage logs and repair data must be made available only to the Commission and, in the case of proof-of-performance test data, also to the franchisor, and not to the public. Accordingly, this information is not required to be included in the public inspection file or in the online public inspection file. The Commission phased-in the requirement to commence uploading political file documents to the online file for smaller cable systems and exempted cable systems with fewer than 1,000 subscribers from all online public file requirements. The R&O also made several minor additional changes to the existing cable public file requirements - it requires operators, when first establishing their online public file, to provide a list of the zip codes served by the system and requires them to identify the employment unit(s) associated with the system. The R&O also requires cable systems to provide the contact information for their local file. In addition, each cable system must place the address of its local public file in the Commission’s online file unless the system has fully transitioned to the FCC’s online public file (e.g., posts online all public and political file material required to be maintained in the public inspection file) and also provides online access via the system’s own website to back-up political file material in the event the online file becomes temporarily unavailable. The purpose of this information is to make the information in the online file, and especially the political file, more useful to subscribers, advertisers, candidates, and others. Apart from these minor exceptions, the R&O does not adopt new or modified public inspection file requirements. The Commission’s goal was simply to adapt the existing cable public file requirements to an online format. Please note that the attached PRA comment is for this collection as well per the commenter. It should have been noted in the comment.

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Authorizing Statute(s): US Code: 47 USC 312, 315, 317, 325, 339, 340, Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 341, 503, 521, 522, 531, 532, Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 534, 535, 536, 537, 543, 544, Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 151, 152, 153, 154, 301, 302, Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 544a, 545, 548, 549, 552, Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 572, 573, 309 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 554, 556, 558, 560, 561, 571, Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 302a, 303, 303a, 307, 308, 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-AK23	Final or interim final rulemaking	81 FR 10105	02/29/2016

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 8031	02/13/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 9851	02/26/2016
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
47 CFR Sections 76.1700, Records to be maintained locally by Cable System Operators; 76.1703, Commercial Records on Children's Programs; 76.1707....

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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	3,000	3,000	0	0	0	0
Annual Time Burden (Hours)	54,000	75,000	0	-21,000	0	0
Annual Cost Burden (Dollars)	591,840	0	0	591,840	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 following program changes have occurred to this collection which are due to the information collection requirements adopted in FCC 16-4: a reduction of 21,000 burden hours and increase of $591,840 in annual costs.

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Annual Cost to Federal Government: $107,667

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: 02/29/2016

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