Section 76.310, Truth in Billing and Advertising

Forms and Documents

Document	Type	Status	Availability
Supporting Statement All-in Rule OMB 3060-XXXX (FCC 24-29).docx	Supporting Statement A	Uploaded 2024-07-03	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
269178	Section 76.310, Truth in Billing and Advertising		New

ICR Details

OMB Control No:	ICR Reference No: 202407-3060-016
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 76.310, Truth in Billing and Advertising
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/05/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	54,000,400	0
Time Burden (Hours)	5,600	0
Cost Burden (Dollars)	0	0

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Abstract: The Commission adopted on March 14, 2024 a Report and Order, All-In Pricing for Cable and Satellite Television (“R&O”), FCC 24-29, MB Docket 23-203. This R&O adopted 47 CFR § 76.310, Truth in billing and advertising. The rule will require cable operators and direct broadcast satellite (DBS) providers to specify the “all-in” price for video programming in their promotional materials that include pricing information and on subscribers’ bills. Cable operators and DBS providers must present clear, easy-to-understand, and accurate information disclosing the price of video programming. The “all-in” price rule is intended to increase transparency and promote competition in the video programming marketplace by allowing consumers to make better informed choices among the ranges of video programming service options available to them. The information collection requirements are as follows: 47 CFR 76.310 requires truth in billing and advertising: 47 CFR 76.310(a) requires cable operators and DBS providers to state an aggregate price for the video programming that they provide as a clear, easy-to-understand, and accurate single line item on subscribers’ bills, including on bills for legacy or grandfathered video programming service plans. If a price is introductory or limited in time, cable and DBS providers shall state on subscribers’ bills the date the price ends, by disclosing either the length of time that a discounted price will be charged or the date on which a time period will end that will result in a price change for video programming, and the post-promotion rate 60 and 30 days before the end of any introductory period. Cable operators and DBS providers may, at their discretion, complement the aggregate line item with an itemized explanation of the elements that compose that single line item. 47 CFR 76.310(b) requires cable operators and DBS providers that communicate a price for video programming in promotional materials to state the aggregate price for the video programming in a clear, easy-to-understand, and accurate manner. If part of the aggregate price for video programming fluctuates based upon service location, then the provider must state where and how consumers may obtain their subscriber-specific “all-in” price (for example, electronically or by contacting a customer service or sales representative). If part or all of the aggregate price is limited in time, then the provider must state the post-promotion rate, as calculated at that time, and the duration of each rate that will be charged. Cable operators and DBS providers may, at their discretion, complement the aggregate price with an itemized explanation of the elements that compose that aggregate price. The requirement in this paragraph (b) shall not apply to the marketing of legacy or grandfathered video programming service plans that are no longer generally available to new customers. For purposes of this section, the term “promotional material” includes communications offering video programming to consumers such as advertising and marketing.

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Authorizing Statute(s): US Code: 47 USC 151, 154(i), 303, 316, 335(a) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 552(b), 562 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-AH53	Final or interim final rulemaking	89 FR 28660	04/19/2024

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 36818	05/03/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 55267	07/03/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Section 76.310, Truth in Billing and Advertising

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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	54,000,400	0	0	54,000,400	0	0
Annual Time Burden (Hours)	5,600	0	0	5,600	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: There are program changes to this collection as a result of the information collection requirements adopted in FCC 24-29. The program changes are 400 respondents, 54,000,400 responses and 5,600 hours.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 07/05/2024

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