Local Franchising Authority Certification, FCC Form 328; Section 76.910, Franchising Authority Certification

Forms and Documents

Document Name	Status
Form FCC Form 328 Local Franchising Authority Certification Form and Instruction	Modified
Supporting Statement OMB 3060-0550 2023.docx Supporting Statement A	2023-09-22

IC Document Collections

IC ID	Document Title	Status
30350	Local Franchising Authority Certification Form and Instruction	Modified
215759	Local Franchising Authority Certification	Unchanged

ICR Details

OMB Control No: 3060-0550	ICR Reference No: 202309-3060-012
Status: Active	Previous ICR Reference No: 202012-3060-015
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Local Franchising Authority Certification, FCC Form 328; Section 76.910, Franchising Authority Certification
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/22/2023
	Date Received in OIRA: 09/22/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2026	36 Months From Approved	12/31/2023
Responses	13	0	13
Time Burden (Hours)	26	0	26
Cost Burden (Dollars)	0	0	0

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Abstract: On May 3, 1993, the Commission released a Report and Order and Further Notice of Proposed Rulemaking, MM Docket No. 92-266, FCC 93-177; In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992; Rate Regulation. Among other things, the Report and Order implemented Section 3(a) of the Cable Television Consumer Protection and Competition Act of 1992 wherein a franchising authority must file with the Commission a written certification when it seeks to regulate basic service cable rates. FCC Form 328 is used by franchising authorities to request certification. On June 3, 2015, the Commission released a Report and Order ("Order"), MB Docket No. 15-53, FCC 15-62; In the Matter of Amendment to the Commission's Rules Concerning Effective Competition; Implementation of Section 111 of the STELA Reauthorization Act. The Order adopts a rebuttable presumption that cable operators are subject to competing provider effective competition. This Supporting Statement reflects changes to FCC Form 328, which must be revised as a result of the Order. It also incorporates Section 76.910 as part of this information collection, including the revisions to the rule as set forth in the Order.

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Authorizing Statute(s): US Code: 47 USC 543, 4(j) and 623 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 45213	07/14/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 45213	07/14/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Local Franchising Authority Certification	FCC Form 328	Franchising Authority Certification
Local Franchising Authority Certification

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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	13	13	0	0	0	0
Annual Time Burden (Hours)	26	26	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $560

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: 09/22/2023

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