Sections 15.124, 27.20, 54.418, 73.674 and 76.1630, DTV Consumer Education Initiative; FCC Form 388

Forms and Documents

Document Name	Status
Form FCC Form388 DTV Consumer Education Initiative Form and Instruction	Modified
Supporting Statement OMB 3060-1115( May 2008)(due to order on recon)doc.doc Supporting Statement A	2008-05-09
Emergency Justification Letter (3060-1115).pdf Supplementary Document	2008-05-09

IC Document Collections

IC ID	Document Title	Status
184091	DTV Consumer Education Initiative	Modified
184088	DTV Consumer Education Initiative Form and Instruction	Modified

ICR Details

OMB Control No: 3060-1115	ICR Reference No: 200805-3060-005
Status: Historical Active	Previous ICR Reference No: 200803-3060-007
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Sections 15.124, 27.20, 54.418, 73.674 and 76.1630, DTV Consumer Education Initiative; FCC Form 388
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/22/2008
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/22/2008
	Date Received in OIRA: 05/09/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2008	6 Months From Approved	09/30/2008
Responses	70,026	0	70,026
Time Burden (Hours)	155,646	0	156,069
Cost Burden (Dollars)	0	0	0

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Abstract: The Commission adopted on April 23, 2008, an Order of Reconsideration, In the Matter of DTV Consumer Education Initiative, MB Docket 07-148, FCC 08-119. In this Order, we modify our requirements regarding the timing, scope, and content of manufacturer notices and the method of delivery of eligible telecommunications carriers (ETC) notices, and clarify other manufacturer requirements. The revised requirements are as follows: a. Consumer Electronics Manufacturer Notices (47 CFR 15.124). The “responsible party,” as defined the Commission’s rules, has to include a notice about the digital television (DTV) transition on television receivers and related devices manufactured between May 30, 2008 and March 31, 2009. The notices themselves must include the Commission’s contact information (rather than the manufacturer’s), convey information about the DTV transition, and must be included with covered devices. b. Eligible telecommunications carriers (ETCs) Federal Universal Service Low-Income Program Participant Notices (47 CFR 54.418). ETCs that receive federal universal service funds shall provide their Lifeline or Link-up customers (low-income customers) with notices about the transition for over-the-air full power broadcasting from analog to digital service (the “DTV Transition”) in monthly bills, bill notices, or as a monthly stand-alone mailer (e.g., postcard, brochure), beginning May 30, 2008 through March 31, 2009.

Emergency Justfication: Congress has established February 17, 2009 as the deadline for the transition from analog to digital television service. After that date full power television stations will not be permitted to broadcast an analog television signal. Consequently, people with analog-only televisions will not be able to receive an over-the-air broadcast signal unless they purchase a digital TV or digital-to-analog converter box or subscribe to a pay TV service. In light of this transition, the Commission adopted a number of requirements suggested in a letter from the Honorable John D. Dingell, Chairman of the Committee on Energy and Commerce, and the Honorable Edward J. Markey, Chairman of the Subcommittee on Telecommunications and the Internet, U.S. House of Representatives (“Letter”). These requirements were made available for public comment and approved by OMB. The revisions that we propose to adopt will reduce the burden of this collection on the respondents to which they apply. Under the existing rules, manufacturers of television receivers and related devices are required to provide notice to consumers of the transition’s impact on that equipment. These revised rules narrow the list of devices that are covered by these rules, provide additional time to prepare to include the required notices, and remove the requirement for the manufacturer’s contact information to be contained in those notices, replacing it with the Commission’s contact information. They also limit the parties responsible for inclusion of the notices, and push back the point in the manufacturing process at which the requirement begins. Under the existing rules, eligible telecommunications carriers (“ETCs”) that receive federal universal service funds must provide monthly notices of the transition in the bills of their low income customers. These revised rules permit ETCs to instead provide monthly notice via postcards or other methods, at their discretion. As with the previously adopted collections, these requirements will be in place for a limited time only. Beginning January 1, 2008, television viewers were able to request coupons to subsidize the purchase of digital-to-analog converter boxes to attach to their analog televisions so that they can continue to work after analog broadcasting ends on February 17, 2009. Given this ongoing program, it is essential that consumer education continue in as effective a manner as possible. Record evidence shows nearly 69 million televisions in current use are analog-only, including 24 million in homes that also have cable or satellite subscription television service. 19.6 million U.S. households (17%) receive only over-the-air, broadcast signals. These are the households that will be most affected by the digital television transition and need consumer education to provide the information to enable them to obtain the equipment they need to continue receiving television service after the transition. Television service is essential not only for news, sports and entertainment, but also for emergency information, including weather alerts. Emergency OMB approval is necessary for this collection to ensure that all consumers are aware of the transition from analog to digital television service as early as possible to minimize the burden to the public. The effective date proposed by the Commission provides for these consumer education efforts to commence as early as possible. Due to the limited period of time for which the requirements will be in effect, the urgent need to ensure that all television viewers are made aware of the upcoming digital transition, and the fact that more burdensome versions of these collections were very recently provided for public review and comment, we find there is good cause to obtain emergency OMB approval for this modified collection on the following schedule, so that the requirements may take effect immediately thereafter.

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Authorizing Statute(s): US Code: 47 USC 154(i), 303(r), 335 and 336 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-AI96	Final or interim final rulemaking	73 FR 15431	03/24/2008

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Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 26396	05/09/2008
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
DTV Consumer Education Initiative	FCC Form388	DTV Quarterly Activity Station Report
DTV Consumer Education Initiative

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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	70,026	70,026	0	0	0	0
Annual Time Burden (Hours)	155,646	156,069	0	-423	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: As a result of the Commission’s action adopted on April 23, 2008, FCC 08-119, the annual hour burden has decreased -423 hours. This decrease is due to the manufacturer notices not having to be included in as many products. Also, the notices do not need to contain contact information for the manufacturer. These two changes with the notices allow them to be more standardized across the industry, and have less of a burden impact on manufacturers.

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Annual Cost to Federal Government: $0

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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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: 05/09/2008

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