Local Franchising Authority Certification - FCC Form 328 PRA Extension Notice

Content

ACTION:

Notice; request for comments.

SUMMARY:

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995,
the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this
opportunity to comment on the following information collections. Comments are requested concerning: whether the proposed collection
of information is necessary for the proper performance of the functions of the Commission, including whether the information
shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and
clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including
the use of automated collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or
sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to
any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control
number.

DATES:

Written PRA comments should be submitted on or before June 1, 2026. If you anticipate that you will be submitting comments
but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below
as soon as possible.

ADDRESSES:

Direct all PRA comments to Cathy Williams, FCC, via email PRA@fcc.gov and to Cathy.Williams@fcc.gov.

FOR FURTHER INFORMATION CONTACT:

For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:

OMB Control Number: 3060-0550.

Title: Local Franchising Authority Certification, FCC Form 328; Section 76.910, Franchising Authority Certification.

Form No.: FCC Form 328.

Type of Review: Extension of a currently approved collection.

Respondents: State, local or tribal governments; Businesses or other for-profit entities.

Number of Respondents and Responses: 7 respondents; 13 responses.

Estimated Time per Response: 2 hours.

Frequency of Response: One-time reporting requirement; Third party disclosure requirement.

Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in section
3 of the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C. 543), as well as sections 4(i), 4(j),
and 623 of the Communications Act of 1934, as amended, and section 111 of the STELA Reauthorization Act of 2014.

Total Annual Burden: 26 hours.

Total Annual Cost: None.

Needs and Uses: On June 3, 2015, the Commission released a Report and Order, MB Docket No. 15-53; FCC 15-62. The Report and Order adopted
a rebuttable presumption that cable operators are subject to competing provider effective competition. The information collection
requirements have not changed since they were last approved by the Office of Management and Budget (OMB). The information
collection requirements consist of:

FCC Form 328. Pursuant to section 76.910, a franchising authority must be certified by the Commission to regulate the basic
service tier and associated equipment of a cable system within its jurisdiction. To obtain this certification, the franchising
authority must prepare and submit FCC Form 328. The Report and Order revised § 76.910 to require a franchising authority filing
Form 328 to submit specific evidence demonstrating its rebuttal of the presumption in § 76.906 that the cable system is subject
to competing provider effective competition pursuant to § 76.905(b)(2). The franchising authority bears the burden of submitting
evidence rebutting the presumption that competing provider effective competition, as defined in § 76.905(b)(2), exists in
the franchise area. Unless a franchising authority has actual knowledge to the contrary, it may rely on the presumption in
section 76.906 that the cable system is not subject to one of the other three types of effective competition.

Evidence establishing lack of effective competition. If the evidence establishing the lack of effective competition is not
otherwise available, § 76.910(b)(4) provides that franchising authorities may request from a multichannel video programming
distributor (MVPD) information regarding the MVPD's reach and number of subscribers. An MVPD must respond to such request
within 15 days. Such responses may be limited to numerical totals.

Franchising authority's obligations if certified. Section 76.910(e) of the Commission's rules currently provides that, unless
the Commission notifies the franchising authority otherwise, the certification will become effective 30 days after the date
filed, provided, however, that the franchising authority may not regulate the rates of a cable system unless it: (1) Adopts
regulations (i) consistent with the Commission's regulations governing the basic tier and (ii) providing a reasonable opportunity
for consideration of the views of interested parties, within 120 days of the effective date of the certification; and (2)
notifies the cable operator that the franchising authority has been certified and has adopted the required regulations.

Federal Communications Commission.

Aleta Bowers, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2026-06238 Filed 3-31-26; 8:45 am] BILLING CODE 6712-01-P

Download File

Download