Supporting Statement OMB 3060-0668 (2018)

OMB Control Number: 3060-0668 November 2018

Title: Section 76.936, Written Decisions

SUPPORTING STATEMENT

A. Justification

1. 47 CFR 76.936 states that a franchising authority must issue a written decision in a rate-making proceeding whenever it disapproves an initial rate for the basic service tier or associated equipment in whole or in part, disapproves a request for a rate increase in whole or in part, or approves a request for an increase in whole or in part over the objections of interested parties. Public notice must be given of any written decision required in this section, including releasing the text of any written decision to the public.

The Commission is requesting an extension of this information collection in order to receive the full three-year approval/clearance for this collection from the Office of Management and Budget (OMB).

This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

Statutory authority for this collection of information is contained in Section 4(i) of the Communications Act of 1934, as amended.

2. Franchising authorities are required to issue a written decision in rate-making proceedings pursuant to Section 76.936 so that cable operators and the public are made aware of the results of the proceeding.

3. Use of information technology is not feasible in this situation, as each written decision is unique.

4. This agency does not impose a similar disclosure requirement on the respondents.

5. This information collection requirement does not have a significant impact on a substantial number of small businesses.

6. If the Commission did not require this disclosure, cable operators and the public would have no formal method for learning the results of franchising authority adjudicatory rate-making proceedings.

7. There are no special circumstances associated with this information collection.

8. The Commission published a Notice (83 FR 47150) in the Federal Register on September 18, 2018, seeking public comment on the information collection requirements contained in this supporting statement. No comments were received from the public.

9. There will be no payment or gifts given to respondents.

10. There is no need for confidentiality required with this collection of information.

11. This collection of information does not address any private matters of a sensitive nature.

12. We estimate that franchising authorities annually issue 150 written decisions in rate-making proceedings. We estimate the average burden to both issue the decision and to give public notice to be one hour per occasion.

Total number of annual respondents = 150 Franchising Authorities

Total number annual responses = 150 responses

Total annual burden hours = 150 responses x 1 hour/response = 150 hours

Total Annual "In-house costs": We estimate an average hourly wage of $48.08 per hour for individuals tasked with issuing the written decision and giving public notice. These estimates are based on Commission staff's knowledge and familiarity with the availability of the data required.

150 responses x 1 hour/response x $48.08 per hour = $7,212

13. Annual Cost Burden:

(a) Total annualized capital/startup costs: None

(b) Total annual cost (O&M): None

(c) Total annualized cost requested: None

14. There is no cost to the Federal Government.

15. There are no program changes to this collection. There are less Local Franchising Authorities (LFAs) regulating rates which caused a decrease in the number of respondents and responses for this collection. Therefore, the number of respondents decreased by 450, the number of annual responses decreased by 450 and the annual burden hours decreased by 450 hours.

16. These data will not be published for statistical use.

17. We do not seek approval to not display the expiration date for OMB approval of this information collection.

18. There are respondents to this information collection. There are no exceptions to the Certification Statement.

B. Collections of Information Employing Statistical Methods

No statistical methods are employed.

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