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Federal Register / Vol. 72, No.

74 / Wednesday, April 18, 2007 / Notices 19499

both of which will be posted on the submitted on or before June 18, 2007. If applicant sufficient time to comply with
WIPP Web site. The letter of approval you anticipate that you will be the Commission’s notification
will allow CCP to use the approved TRU submitting comments, but find it requirements.
waste characterization processes to difficult to do so within the period of (b) Certifications must be verified by
characterize waste at LANL. time allowed by this notice, you should an officer or director of the applicant,
Information on the certification advise the contact listed below as soon stating that, to the best of his or her
decision is filed in the official EPA Air as possible. information and belief, the
Docket, Docket No. A–93–02 and is ADDRESSES: You may submit all your representations made therein are
available for review in Washington, DC, Paperwork Reduction Act (PRA) accurate.
and at the three EPA WIPP (c) Certifications must be filed on FCC
comments by e-mail or U.S. postal mail.
informational docket locations in New Form 1275 and must include:
To submit your comments by e-mail (1) The applicant’s name, address and
Mexico (as listed in ADDRESSES). The send them to PRA@fcc.gov. To submit
dockets in New Mexico contain only telephone number;
your comments by U.S. mail, mark them (2) A statement of ownership,
major items from the official Air Docket to the attention of Cathy Williams,
in Washington, DC, plus those including all affiliated entities;
Federal Communications Commission, (3) If the applicant is a cable operator
documents added to the official Air Room 1–C823, 445 12th Street, SW.,
Docket since the October 1992 applying for certification in its cable
Washington, DC 20554 and to Jasmeet franchise area, a statement that the
enactment of the WIPP LWA. Seehra, Office of Management and applicant is qualified to operate an open
Dated: April 11, 2007. Budget, Room 10236 NEOB, 725 17th video system under Section 76.1501.
Elizabeth Cotsworth, Street, NW., Washington, DC 20503 or (4) A statement that the applicant
Director, Office of Radiation and Indoor Air. via the Internet to agrees to comply and to remain in
[FR Doc. E7–7349 Filed 4–17–07; 8:45 am] Jasmeet_K._Seehra@omb.eop.gov or via compliance with each of the
BILLING CODE 6560–50–P fax at (202) 395–5167. Commission’s regulations in §§ 76.1503,
FOR FURTHER INFORMATION CONTACT: For 76.1504, 76.1506(m), 76.1508, 76.1509,
additional information about the and 76.1513;
FEDERAL COMMUNICATIONS information collection(s) send an e-mail (5) If the applicant is required under
COMMISSION to PRA@fcc.gov or contact Cathy 47 CFR 64.903(a) of this chapter to file
Williams at (202) 418–2918. a cost allocation manual, a statement
Notice of Public Information SUPPLEMENTARY INFORMATION: that the applicant will file changes to its
Collection(s) Being Reviewed by the OMB Control Number: 3060–0700. manual at least 60 days before the
Federal Communications Commission, Title: Open Video Systems Provisions. commencement of service;
Comments Requested Form Number: FCC 1275. (6) A list of the names of the
Type of Review: Extension of a anticipated local communities to be
April 5, 2007. served upon completion of the system;
currently approved collection.
SUMMARY: The Federal Communications (7) The anticipated amount and type
Respondents: Business or other for-
Commission, as part of its continuing profit entities; State, local or tribal (i.e., analog or digital) of capacity (for
effort to reduce paperwork burden government. switched digital systems, the
invites the general public and other Number of Respondents: 270. anticipated number of available channel
Federal agencies to take this Estimated Time per Response: 0.25 to input ports); and
opportunity to comment on the 20 hours. (8) A statement that the applicant will
following information collection(s), as Frequency of Response: comply with the Commission’s notice
required by the Paperwork Reduction Recordkeeping requirement; On and enrollment requirements for
Act (PRA) of 1995, Public Law No. 104– occasion reporting requirement; Third unaffiliated video programming
13. An agency may not conduct or party disclosure requirement. providers.
sponsor a collection of information Total Annual Burden: 9,880 hours. (d)(1) On or before the date an FCC
unless it displays a currently valid Total Annual Cost: None. Form 1275 is filed with the
control number. No person shall be Nature of Response: Required to Commission, the applicant must serve a
subject to any penalty for failing to obtain or retain benefits. copy of its filing on all local
comply with a collection of information Confidentiality: No need for communities identified pursuant to
subject to the Paperwork Reduction Act confidentiality required. paragraph (c)(6) of this section and must
that does not display a valid control Privacy Impact Assessment: No include a statement informing the local
number. Comments are requested impact(s). communities of the Commission’s
concerning (a) whether the proposed Needs and Uses: Section 302 of the requirements in paragraph (e) of this
collection of information is necessary 1996 Telecommunications Act provides section for filing oppositions and
for the proper performance of the for specific entry options for telephone comments. Service by mail is complete
functions of the Commission, including companies wishing to enter the video upon mailing, but if mailed, the served
whether the information shall have programming marketplace, one option documents must be postmarked at least
practical utility; (b) the accuracy of the being to provide cable service over an 3 days prior to the filing of the FCC
Commission’s burden estimate; (c) ways ‘‘open video system’’ (‘‘OVS’’). Form 1275 with the Commission.
to enhance the quality, utility, and 47 CFR 76.1502(a) states an operator (2) Parties are required to attach a
clarity of the information collected; and of an open video system must certify to cover sheet to the filing indicating that
(d) ways to minimize the burden of the the Commission that it will comply with the submission is an open video system
collection of information on the the Commission’s regulations in 47 CFR certification application. The only
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respondents, including the use of 76.1503, 76.1504, 76.1506(m), 76.1508, wording on this cover sheet shall be
automated collection techniques or 76.1509, and 76.1513. The Commission ‘‘Open Video System Certification
other forms of information technology. must approve such certification prior to Application’’ and ‘‘Attention: Media
DATES: Written Paperwork Reduction the commencement of service at such a Bureau.’’ This wording shall be located
Act (PRA) comments should be point in time that would allow the in the center of the page and should be

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19500 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices

in letters at least 1⁄2 inch in size. Parties system, which the Commission will activated in stages, the operator should
shall also include the words ‘‘open release in a Public Notice. Parties are describe the respective stages and the
video systems’’ on their mailing required to attach a cover sheet to the projected dates on which each stage will
envelope. filing indicating that the submission is be activated;
(e)(1) Comments or oppositions to a an Open Video System Notice of Intent. (ii) A preliminary carriage rate
certification must be filed within five The only wording on this cover sheet estimate;
calendar days of the Commission’s shall be ‘‘Open Video System Notice of (iii) The information a video
receipt of the certification and must be Intent’’ and ‘‘Attention: Media Bureau.’’ programming provider will be required
served on the party that filed the This wording shall be located in the to provide to qualify as a video
certification. If, after making the center of the page and should be in programming provider, e.g.,
necessary calculations, the due date for letters at least 1⁄2 inch in size. Parties creditworthiness;
filing comments falls on a holiday, shall also include the words ‘‘open (iv) Technical information that is
comments shall be filed on the next video systems’’ on their mailing reasonably necessary for potential video
business day before noon, unless the envelopes. Parties must submit copies of programming providers to assess
nearest business day precedes the fifth the Notice of Intent with the Office of whether to seek capacity on the open
calendar day following a filing, in the Secretary and the Bureau Chief, video system, including what type of
which case the comments will be due Media Bureau. The Notice of Intent customer premises equipment
on the preceding business day. For shall include the following information: subscribers will need to receive service;
example, if the fifth day falls on a (i) A heading clearly indicating that (v) Any transmission or reception
Saturday, then the filing would be due the document is a Notice of Intent to equipment needed by a video
on that preceding Friday. However, if establish an open video system; programming provider to interface
the fifth day falls on Sunday, then the (ii) The name, address and telephone successfully with the open video
filing will be due on the next day, number of the open video system system; and
Monday, before noon (or Tuesday, operator; (vi) The equipment available to
before noon if the Monday is a holiday). (iii) A description of the system’s facilitate the carriage of unaffiliated
(2) Parties wishing to respond to a projected service area; video programming and the electronic
FCC Form 1275 filing must submit (iv) A description of the system’s form(s) that will be accepted for
comments or oppositions with the projected channel capacity, in terms of processing and subsequent transmission
Office of the Secretary and the Bureau analog, digital and other type(s) of through the system.
Chief, Media Bureau. Comments will capacity upon activation of the system; 47 CFR 76.1504(d) states complaints
not be considered properly filed unless (v) A description of the steps a regarding rates shall be limited to video
filed with both of these Offices. Parties potential video programming provider programming providers that have sought
are required to attach a cover sheet to must follow to seek carriage on the open carriage on the open video system. If a
the filing indicating that the submission video system, including the name, video programming provider files a
is a pleading related to an open video address and telephone number of a complaint against an open video system
system application, the only wording on person to contact for further operator meeting the above just and
this cover sheet shall be ‘‘Open Video information; reasonable rate presumption, the burden
System Certification Application (vi) The starting and ending dates of of proof will rest with the complainant.
Comments.’’ This wording shall be the initial enrollment period for video If a complaint is filed against an open
located in the center of the page and programming providers; video system operator that does not
should be in letters at least 1⁄2 inch in (vii) The process for allocating the meet the just and reasonable rate
size. Parties shall also include the words system’s channel capacity, in the event presumption, the open video system
‘‘open video systems’’ on their mailing that demand for carriage on the system operator will bear the burden of proof to
envelopes. exceeds the system’s capacity; and demonstrate, using the principles set
(f) If the Commission does not (viii) A certification that the operator forth below, that the carriage rates
disapprove the certification application has complied with all relevant subject to the complaint are just and
within ten days after receipt of an notification requirements under the reasonable.
applicant’s request, the certification Commission’s open video system 47 CFR 76.1506(l)(2) states must-
application will be deemed approved. If regulations concerning must-carry and carry/retransmission consent election
disapproved, the applicant may file a retransmission consent (§ 76.1506), notifications shall be sent to the open
revised certification or refile its original including a list of all local commercial video system operator. An open video
submission with a statement addressing and non-commercial television stations system operator shall make all must-
the issues in dispute. Such refilings served, and a certificate of service carry/retransmission consent election
must be served on any objecting party showing that the Notice of Intent has notifications received available to the
or parties and on all local communities been served on all local cable appropriate programming providers on
in which the applicant intends to franchising authorities entitled to its system.
operate. The Commission will consider establish requirements concerning the (3) Television broadcast stations are
any revised or refiled FCC Form 1275 to designation of channels for public, required to make the same election for
be a new proceeding and any party who educational and governmental use. open video systems and cable systems
filed comments regarding the original (2) Information. An open video serving the same geographic area, unless
FCC Form 1275 will have to refile their system operator shall provide the the overlapping open video system is
original comments if they think such following information to a video unable to deliver appropriate signals in
comments should be considered in the programming provider within five conformance with the broadcast
subsequent proceeding. business days of receiving a written station’s elections for all cable systems
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47 CFR 76.1503(b)(1) states an open request from the provider, unless serving the same geographic area.
video system operator shall file with the otherwise included in the Notice of (4) An open video system
Secretary of the Federal Intent: commencing new operations shall
Communications Commission a ‘‘Notice (i) The projected activation date of the notify all local commercial and
of Intent’’ to establish an open video open video system. If a system is to be noncommercial broadcast stations as

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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices 19501

required under paragraph (l) of this FEDERAL COMMUNICATIONS Williams at (202) 418–2918 or via the
section on or before the date on which COMMISSION Internet at PRA@fcc.gov.
it files with the Commission its Notice SUPPLEMENTARY INFORMATION:
of Intent to establish an open video Notice of Public Information OMB Control Number: 3060–1053.
system. Collections Being Submitted for Title: 47 CFR Sections 64.604 and
Review to the Office of Management 64.605—Telecommunications Relay
47 CFR 76.1508(c) states any and Budget
provision of § 76.94 that refers to a Services and Speech-to-Speech Services
‘‘cable system operator’’ or ‘‘cable April 12, 2007. for Individuals with Hearing and
television system operator’’ shall apply Speech Disabilities; IP Captioned
SUMMARY: The Federal Communications Telephone Service, Declaratory Ruling,
to an open video system operator. Any Commission, as part of its continuing CG Docket No. 03–123.
provision of § 76.94 that refers to a effort to reduce paperwork burden, Form Number: Not Applicable.
‘‘cable system’’ or ‘‘cable television invites the general public and other Type of Review: Revision of a
system’’ shall apply to an open video Federal agencies to take this currently approved collection.
system except § 76.94 (e) and (f) which opportunity to comment on the Respondents: Business or other for-
shall apply to an open video system following information collections, as profit entities.
operator. Open video system operators required by the Paperwork Reduction Number of Respondents: 6.
shall make all notifications and Act of 1995 (PRA), Public Law 104–13. Estimated Time per Response: 8
information regarding the exercise of An agency may not conduct or sponsor hours.
network non-duplication rights a collection of information unless it Frequency of Response: Annual
immediately available to all appropriate displays a current valid control number. reporting requirement.
video programming provider on the No person shall be subject to any Obligation to Respond: Required to
system. An open video system operator penalty for failing to comply with a obtain or retain benefits.
shall not be subject to sanctions for any collection of information subject to the Total Annual Burden: 96 hours.
violation of these rules by an PRA that does not display a valid Total Annual Cost: None.
unaffiliated program supplier if the control number. Comments are Nature and Extent of Confidentiality:
operator provided proper notices to the requested concerning: (a) Whether the An assurance of confidentiality is not
program supplier and subsequently took proposed collections of information are offered because this information
prompt steps to stop the distribution of necessary for the proper performance of collection does not require the
the infringing program once it was the functions of the Commission, collection of personal identifiable
notified of a violation. including whether the information shall information (PII) from individuals.
have practical utility; (b) the accuracy of Privacy Impact Assessment: No
47 CFR 76.1509(c) states any the Commission’s burden estimate; (c) impact(s).
provision of § 76.155 that refers to a ways to enhance the quality, utility, and Needs and Uses: On August 1, 2003,
‘‘cable system operator’’ or ‘‘cable clarity of the information collected; and the Commission released the
television system operator’’ shall apply (d) ways to minimize the burden of the Declaratory Ruling, In the Matter of
to an open video system operator. Any collection of information on the Telecommunication Relay Services and
provision of § 76.155 that refers to a respondents, including the use of Speech-to-Speech Services for
‘‘cable system’’ or ‘‘cable television automated collection techniques or Individuals with Hearing and Speech
system’’ shall apply to an open video other forms of information technology. Disabilities, CC 98–67, FCC 03–190. In
system except § 76.155(c) which shall DATES: Written PRA comments should the Declaratory Ruling, the Commission
apply to an open video system operator. be submitted on or before May 18, 2007. clarified that one-line captioned
Open video system operators shall make If you anticipate that you will be telephone voice carry over (VCO)
all notifications and information submitting comments, but find it service is a type of telecommunications
regarding exercise of syndicated difficult to do so within the period of relay service (TRS) and that eligible
program exclusivity rights immediately time allowed by this notice, you should providers of such services are eligible to
available to all appropriate video advise the contact listed below as soon recover their costs in accordance with
programming provider on the system. as possible. section 225 of the Communications Act.
An open video system operator shall not The Commission also clarified that
ADDRESSES: Direct all PRA comments to certain TRS mandatory minimum
be subject to sanctions for any violation Jasmeet Seehra, Office of Mangement
of these rules by an unaffiliated program standards does not apply to one-line
and Budget (OMB), Room 10236 NEOB, captioned VCO service, and waived 47
supplier if the operator provided proper 725 17th Street, NW., Washington, DC
notices to the program supplier and CFR 64.604(a)(1) and (a)(3) of the
20503, or via fax at (202) 395–5167 or Commission’s rules for all current and
subsequently took prompt steps to stop via Internet at
the distribution of the infringing future captioned telephone VCO service
Jasmeet_K._Seehra@omb.eop.gov, and to providers, for the same period of time
program once it was notified of a Cathy Williams, Federal beginning August 1, 2003. The waivers
violation. Communications Commission, Room 1– were contingent on the filing of annual
Federal Communications Commission. C823, 445 12th Street, SW., Washington, reports, for a period of three years, with
DC 20554, or via the Internet to the Commission. Sections 64.604(a)(1)
Marlene H. Dortch,
PRA@fcc.gov. If you would like to and (a)(3) of the Commission’s rules,
Secretary. obtain or view a copy of this
[FR Doc. E7–7290 Filed 4–17–07; 8:45 am] which contained information collection
information collection, you may do so requirements under the PRA became
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BILLING CODE 6712–01–P by visiting the FCC’s PRA Web page at: effective on March 26, 2004.
http://www.fcc.gov/omd/pra. On July 19, 2005, the Commission
FOR FURTHER INFORMATION CONTACT: For released an Order, In the Matter of
additional information or copies of the Telecommunication Relay Services and
information collection(s), contact Cathy Speech-to-Speech Services for

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