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Federal Register/Vol. 70, No. 247/Tuesday, December 27, 2005

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Federal Register/Vol. 70, No. 247/Tuesday, December 27, 2005 76504 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations FEDERAL COMMUNICATIONS SW., Room CY–B402, Washington, DC broadcast stations seeking cable carriage COMMISSION 20554. To request this document in of ‘‘significantly viewed’’ signals to use accessible formats (computer diskettes, the § 76.7 petition process to 47 CFR Part 76 large print, audio recording, and demonstrate ‘‘significantly viewed’’ [MB Docket No. 05–49; FCC 05–187] Braille), send an e-mail to status on a community basis by [email protected] or call the Commission’s independent professional audience Implementation of the Satellite Home Consumer and Governmental Affairs surveys. The rule changes require Viewer Extension and Reauthorization Bureau at (202) 418–0530 (voice), (202) satellite carriers or broadcast stations Act of 2004; Implementation of Section 418–0432 (TTY). seeking satellite carriage of ‘‘significantly viewed’’ signals to use the 340 of the Communications Act; Final Paperwork Reduction Act same petition process now in place for Report and Order Analysis cable operators, as required by 47 CFR AGENCY: Federal Communications This Report and Order contains 76.5, 76.7 and 76.54 of the FCC’s rules. Commission. modified information collection 47 CFR 76.54(c) is used to notify ACTION: Final rule. requirements, which were proposed in interested parties, including licensees or the NPRM, 70 FR 11314 (March 8, permittees of television broadcast SUMMARY: In this document, the 2005), and are subject to the Paperwork stations, about independent professional Commission adopts final rules Reduction Act of 1995 (‘‘PRA’’), Public audience surveys that are being implementing section 202 of the Law 104–13, 109 Stat 163 (1995). These conducted by an organization to Satellite Home Viewer Extension and information collection requirements demonstrate that a particular broadcast Reauthorization Act of 2004 were submitted to the Office of station is eligible for significantly (‘‘SHVERA’’), which creates Section 340 Management and Budget (OMB) for viewed status under the Commission’s of the Communications Act (‘‘Act’’), and review under section 3507(d) of the PRA rules. The notifications provide amends the copyright laws in order to and approved by OMB on May 25, 2005. interested parties with an opportunity to provide satellite carriers with the In addition, the general public and other review survey methodologies and file authority to offer Commission- Federal agencies were invited to objections. The existing notification determined ‘‘significantly-viewed’’ comment on these information requirement in § 76.54(c) is retained, signals of out-of-market broadcast collection requirements in the NPRM. however, the rule changes will increase stations to subscribers. This document We further note that pursuant to the the potential number of parties that satisfies the statutory mandate to adopt Small Business Paperwork Relief Act of would file such notifications. rules for satellite carriage of 2002, we previously sought specific 47 CFR 76.54(d) provides for cable significantly viewed signals by comment on how the Commission might operators and broadcast stations seeking December 8, 2005. ‘‘further reduce the information cable carriage of ‘‘significantly viewed’’ DATES: Effective January 26, 2006. collection burden for small business signals to use the § 76.7 petition process FOR FURTHER INFORMATION CONTACT: For concerns with fewer than 25 to demonstrate ‘‘significantly viewed’’ additional information on this employees.’’ We received no comments status. The rule changes will expand use proceeding, contact Evan Baranoff, concerning these information collection of the § 76.7 petition process to include [email protected] of the Media requirements. On June 16, 2005, the petitions filed by satellite carriers or Bureau, Policy Division, (202) 418– Commission announced that it had broadcast stations seeking satellite 2120. For additional information obtained OMB approval for these carriage of ‘‘significantly viewed’’ concerning the Paperwork Reduction information collection requirements, signals. Act information collection requirements encompassed by OMB Control Nos. 47 CFR 76.54(e) and (f) are additions contained in this document, contact 3060–0311, 3060–0888, and 3060–0960. to the rule. These rules will be used to Cathy Williams, Federal This Report and Order adopts the notify television broadcast stations Communications Commission, 445 12th following information collection about the retransmission of significantly St., SW., Room 1–C823, Washington, DC requirements, as proposed in the NPRM. viewed signals by a satellite carrier into 20554, or via the Internet to OMB Control Number: 3060–0311. these stations’ local market. [email protected]. OMB Approval Date: 05/25/05. OMB Control Number: 3060–0888. SUPPLEMENTARY INFORMATION: This is a OMB Expiration Date: 05/31/08. OMB Approval Date: 05/25/05. summary of the Federal Title: 47 CFR 76.54, Significantly OMB Expiration Date: 05/31/08. Title: Part 76, Multichannel Video and Communications Commission’s Report Viewed Signals; Method to be Followed Cable Television Service; Pleading and and Order, FCC 05–187, adopted on for Special Showings. Form Number: Not applicable. Complaint Rules; 47 CFR 76.7 Petition November 2, 2005 and released on Type of Review: Revision of a Procedures. November 3, 2005. The full text of this currently approved collection. Form Number: Not applicable. document is available for public Respondents: Business or other for- Type of Review: Revision of a inspection and copying during regular profit entities. currently approved collection. business hours in the FCC Reference Number of Respondents: 500. Respondents: Business or other for- Center, Federal Communications Frequency of Response: On occasion profit entities. Commission, 445 12th Street, SW., CY– reporting requirement; Third party Number of Respondents: 500. A257, Washington, DC 20554. These disclosure requirement. Frequency of Response: On occasion documents will also be available via Estimated Time Per Response: 1–15 reporting requirement; Third party ECFS (http://www.fcc.gov/cgb/ecfs/). hours (average). disclosure requirement. (Documents will be available Total Annual Burden: 20,610 hours. Estimated Time Per Response: 4–60 electronically in ASCII, Word 97, and/ Total Annual Costs: $200,000. hours (average). or Adobe Acrobat.) The complete text Privacy Impact Assessment: No Total Annual Burden: 16,000 hours. may be purchased from the impact(s). Total Annual Costs: $200,000. Commission’s copy contractor, Best Needs and Uses: 47 CFR 76.54(b) Privacy Impact Assessment: No Copy and Printing, Inc., 445 12th Street, provides for cable operators and impact(s). VerDate Aug<31>2005 12:56 Dec 23, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27DER2.SGM 27DER2 bjneal on PROD1PC70 with RULES2 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Rules and Regulations 76505 Needs and Uses: 47 CFR 76.7 is used 108–447, sec. 202, 118 Stat 2809, 3393 the Commission) (see 47 U.S.C. to make determinations on petitions and (2004) (codified at 47 U.S.C. 340). (The 340(c)(1)(A)(i)), and (2) commence a complaints filed with the Commission. SHVERA was enacted on December 8, rulemaking proceeding to implement The rule is used for numerous types of 2004 as title IX of the ‘‘Consolidated section 340, thus enabling satellite petitions and special relief petitions, Appropriations Act, 2005.’’ This carriage of such ‘‘significantly viewed’’ including general petitions seeking proceeding to implement section 202 of signals (47 U.S.C. 340(c)(1)(A)(ii)). special relief, waivers, enforcement, the SHVERA (entitled ‘‘Significantly These mandates were satisfied by the show cause, forfeiture and declaratory Viewed Signals Permitted To Be Commission’s Notice of Proposed ruling procedures. The rule changes will Carried’’) is one of many Commission Rulemaking (‘‘NPRM’’) in this expand use of the § 76.7 petition process proceedings required to implement the proceeding) (See Implementation of the to include the filing of complaints under SHVERA. The other proceedings are Satellite Home Viewer Extension and the section 340 of the Act enforcement being undertaken and should be largely Reauthorization Act of 2004, 70 FR provisions. Thus, the rule changes will completed by the end of this year. (See 11314 (Mar. 8, 2005) (‘‘NPRM’’)). We expand the potential number of parties sections 202, 204, 205, 207, 208, 209 received 49 comments (from 46 and situations that may require the and 210 of the SHVERA; see also commenters) and six replies in response filing of § 76.7 petitions. Implementation of Section 207 of the to our NPRM. With this R&O, we satisfy OMB Control Number: 3060–0960. Satellite Home Viewer Extension and the SHVERA’s mandate that the OMB Approval Date: 05/25/05. Reauthorization Act of 2004; Reciprocal Commission adopt rules implementing OMB Expiration Date: 05/31/08. Bargaining Obligation, MB Docket No. section 340 within one year of the Title: 47 CFR 76.122, Satellite 05–89, Report and Order, FCC 05–119 statute’s enactment (47 U.S.C. Network Non-duplication Protection (rel. Jun. 7, 2005) (‘‘Reciprocal 340(c)(1)(B)). We have already adopted Rules; 47 CFR 76.123, Satellite Bargaining Order’’) (adopting rules to some rules to implement new section Syndicated Program Exclusivity Rules; implement section 207 of the SHVERA 340(h). 47 CFR 76.124, Requirements for and impose a reciprocal good faith 2. With the SHVERA, Congress
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