On December 20, 2006 the FCC Adopted its Report and Order and Further Notice of Proposed
Rulemaking on franchising. That Order was published in the Federal
Register on March 21, 2007. Among other things, the Order adopted a
rule requiring local franchise authorities to process franchise applications
filed by new entrants within a 90 or 180 day time frame. That rule,
codified as CFR 76.41 was determined by the FCC to be an “information
collection” subject to approval by the Office of Management and Budget (OMB)
Please note
that in paragraph 155 of the FCC’s Order on Cable Franchising that the order is
effective 30 days after publication in the Federal Register EXCEPT for the
rules that contain information collection requirements subject to the Paperwork
Reduction Act, which shall be come effectively immediately upon announcement in
the Federal Register of OMB Approval.
On March 21, 2007, the FCC had
published in the Federal Register a Notice
of Public Information Collection Being Reviewed, concurrent with the
Order’s publication in the Federal Register. That publication triggered a
60 day comment period during which affected parties may comment on the effect
of the new rule with the FCC. That comment period will end on May 21, 2007.
After May
21, 2007 (the end of the FCC 60 day comment period), the FCC will submit its
request for approval of the rule to OMB, at which time OMB will commence a new
30 day comment period for the submission of comments on the new rule to that
Office. OMB has a total of 60 days from receipt of the request from the
FCC to approve, recommend changes or deny the request of the FCC.
As for
effective date of the new application information and the 90/180 day shot clock
– here’s a brief time line that may change depending
on Federal Register publication dates providing all appropriate notices:
March 21, 2007 – publication of FCC 60 day notice
for comments on rule
May 21, 2007 – end of comment period;
publication in Federal Register of submission of request to OMB for approval
May 21,
2007 - or there after OMB 30 day comment period to commence
June 20, 2007 – earliest date OMB comment period
could conclude
July 20, 2007 - deadline for OMB decision
Publication
of OMB decision in Federal Register will trigger effective date of rule.
Once the FCC
submits the request to OMB for approval (sometime on or after May 21), you will
be able to track the item in the OMB listing of Information Collections Under
Review in the Office of Information and Regulatory Affairs (OIRA).
You can track this yourself (select Collections Currently Under Review; then select FCC) and we will send updates as
they become available to us.