Implementation of the STELA Reauthorization Act of 2014, 11328-11330 [2015-04337]
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11328
Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
1934, as amended. The information
collections are necessary largely to
determine whether and under what
conditions the Commission should grant
a license for proposed submarine cables
landing in the United States, including
applicants that are, or are affiliated
with, foreign carriers in the destination
market of the proposed submarine cable.
Pursuant to Executive Order No. 10530,
the Commission has been delegated the
President’s authority under the Cable
Landing License Act to grant cable
landing licenses, provided that the
Commission must obtain the approval of
the State Department and seek advice
from other government agencies as
appropriate. If the collection is not
conducted or is conducted less
frequently, applicants will not obtain
the authorizations necessary to provide
telecommunications services and
facilities, and the Commission will be
unable to carry out its mandate under
the Cable Landing License Act and
Executive Order 10530. In addition,
without the collection, the United States
would jeopardize its ability to fulfill the
U.S. obligations as negotiated under the
World Trade Organization (WTO) Basic
Telecom Agreement because certain of
these information collection
requirements are imperative to detecting
and deterring anticompetitive conduct.
They are also necessary to preserve the
Executive Branch agencies’ and the
Commission’s ability to review foreign
investments for national security, law
enforcement, foreign policy, and trade
concerns.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015–04336 Filed 3–2–15; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 15–37; FCC 15–21]
Implementation of the STELA
Reauthorization Act of 2014
Federal Communications
Commission.
ACTION: Final rule.
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AGENCY:
The Federal Communications
Commission (‘‘Commission’’) amends
its rules to implement certain provisions
of the STELA Reauthorization Act of
2014. Collectively, those provisions:
Extend to January 1, 2020 the good faith
negotiation requirements applicable to
multichannel video programming
SUMMARY:
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distributors (‘‘MVPDs’’) and television
broadcast stations, and the exclusive
contract prohibition applicable to such
broadcast stations; prohibit same-market
television broadcast stations from
coordinating negotiations or negotiating
on a joint basis for retransmission
consent except under certain
conditions; prohibit a television
broadcast station from limiting the
ability of an MVPD to carry into its local
market television signals that are
deemed ‘‘significantly viewed’’ or that
otherwise are permitted to be carried by
the MVPD, with certain exceptions; and
eliminate the ‘‘sweeps prohibition’’ in
the Communications Act of 1934, as
amended (‘‘the Act’’).
DATES: Effective April 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Raelynn Remy, Raelynn.Remy@fcc.gov,
Federal Communications Commission,
Media Bureau, (202) 418–2936.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
MB Docket No. 15–37, FCC 15–21,
which was adopted on February 13,
2015 and released on February 18, 2015.
The full text of this document is
available for public inspection and
copying during regular business hours
in the FCC Reference Center, Federal
Communications Commission, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. This document
will also be available via ECFS at
https://fjallfoss.fcc.gov/ecfs/. Documents
will be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
Alternative formats are available for
people with disabilities (Braille, large
print, electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Paperwork Reduction Act of 1995
Analysis
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Document Summary
I. Introduction
1. In this Order, we amend our rules
to implement three provisions of the
STELA Reauthorization Act of 2014
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(‘‘STELAR’’).1 Collectively, those
provisions: (i) Extend to January 1, 2020
the good faith negotiation requirements
applicable to multichannel video
programming distributors (‘‘MVPDs’’)
and television broadcast stations, and
the exclusive contract prohibition
applicable to such broadcast stations; 2
(ii) prohibit same-market television
broadcast stations from coordinating
negotiations or negotiating on a joint
basis for retransmission consent except
under certain conditions; 3 (iii) prohibit
a television broadcast station from
limiting the ability of an MVPD to carry
into its local market television signals
that are deemed ‘‘significantly viewed’’
or that otherwise are permitted to be
carried by the MVPD, with certain
exceptions; 4 and (iv) eliminate the
‘‘sweeps prohibition’’ in section
614(b)(9) of the Communications Act of
1934, as amended (‘‘the Act’’).5
2. The STELAR requires the
Commission, among other things, to
undertake several proceedings to adopt
new rules, amend or repeal existing
rules, and conduct analyses. This
proceeding implements sections 101,
103 and 105 of the STELAR.6 We
address those provisions in one order
because their implementation entails no
exercise of our administrative discretion
and, therefore, notice and comment
procedures are unnecessary under the
‘‘good cause’’ exception to the
Administrative Procedure Act
(‘‘APA’’).7 We discuss each provision, in
turn.
1 See Public Law 113–200, 128 Stat. 2059 (2014).
The STELAR was enacted on December 4, 2014
(H.R. 5728, 113th Cong.).
2 See 47 U.S.C. 325(b)(3)(C) (as amended by
section 101 of the STELAR).
3 See id. (as amended by section 103(a) of the
STELAR).
4 See id. (as amended by section 103(b) of the
STELAR).
5 See 47 U.S.C. 534(b)(9) (as amended by section
105 of the STELAR).
6 Provisions of the STELAR that we do not
implement in this Order will be addressed in other
proceedings.
7 See 5 U.S.C. 553(b)(B). See also Metzenbaum v.
Federal Energy Regulatory Commission, 675 F.2d
1282, 1291 (D.C. Cir. 1982) (agency order, issued
pursuant to Congressional waiver of certain
provisions of federal law that otherwise would have
governed construction and operation of Alaskan
natural gas pipeline, was appropriately issued
without notice and comment under the APA’s
‘‘good cause’’ exception as a nondiscretionary
ministerial action); Komjathy v. Nat’l Transp. Safety
Bd., 832 F.2d 1294, 1296–97 (D.C. Cir. 1987) (notice
and comment is unnecessary where the regulation
does no more than repeat, virtually verbatim, the
statutory grant of authority), cert. denied, 486 U.S.
1057 (1988).
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
II. Discussion
A. Section 101 of the STELAR:
Extension of Sunset Dates in
Retransmission Consent Rules
3. We revise § 76.64(b)(3)(ii) of our
rules (relating to the retransmission
consent exemption for carriage of
distant network signals by satellite
carriers), § 76.64(l) (relating to the
prohibition on exclusive retransmission
consent contracts) and § 76.65(f)
(relating to the expiration of the
reciprocal good faith negotiation
requirements) to reflect the new sunset
dates established in section 101 of the
STELAR. Section 101 amends section
325(b)(2)(C) of the Act by replacing the
previous sunset date of December 31,
2014 with a new sunset date of
December 31, 2019. Section 101 also
amends section 325(b)(3)(C) of the Act
to replace the previous sunset date of
January 1, 2015 with a new sunset date
of January 1, 2020.8 Accordingly, we
amend §§ 76.64(b)(3)(ii), 76.64(l), and
76.65(f) of our rules to reflect those new
sunset dates.
B. Section 103(a) of the STELAR: Ban on
Joint Negotiation for Retransmission
Consent
4. We also revise § 76.65(b) of our
rules (setting forth standards for good
faith negotiation) to incorporate new
provisions of section 325 added by the
STELAR. In particular, section 103(a) of
the STELAR revises section 325 by
adding new subsection 325(b)(3)(C)(iv),
which, read as part of section
325(b)(3)(C) as a whole, requires the
Commission to revise its retransmission
consent rules:
[to] prohibit a television broadcast station
from coordinating negotiations or negotiating
on a joint basis with another television
broadcast station in the same local market (as
defined in section 122(j) of title 17, United
States Code) to grant retransmission consent
under this section to a [MVPD], unless such
stations are directly or indirectly under
common de jure control permitted under the
regulations of the Commission.9
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5. In accordance with our statutory
mandate in section 325(b)(3)(C), we
revise § 76.65(b) of our rules to
incorporate this new provision virtually
verbatim. Specifically, we repeal
§ 76.65(b)(1)(viii) of our rules (governing
joint negotiation of retransmission
consent) and replace that provision with
8 See 47 U.S.C. 325(b)(3)(C) (as amended by
section 101 of the STELAR) (requiring MVPDs and
television broadcast stations to negotiate
retransmission consent in good faith and
prohibiting such stations from engaging in
exclusive contracts for carriage).
9 See 47 U.S.C. 325(b)(3)(C) (as amended by
section 103 of the STELAR).
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language implementing new section
325(b)(3)(C)(iv) of the Act. We take this
action based on our conclusion that the
prohibition on joint negotiation in new
section 325(b)(3)(C)(iv) is broader than,
and thus supersedes, the Commission’s
existing prohibition.10
C. Section 103(b) of the STELAR:
Protections for Significantly Viewed and
Other Television Signals
6. In addition, section 103(b) of the
STELAR amends section 325 by adding
new subsection 325(b)(3)(C)(v). Read as
part of section 325(b)(3)(C) in its
entirety, that new subsection directs the
Commission to amend its
retransmission consent rules:
[to] prohibit a television broadcast station
from limiting the ability of a [MVPD] to carry
into the local market (as defined in [S]ection
122(j) of title 17, United States Code) of such
station a television signal that has been
deemed significantly viewed, within the
meaning of [S]ection 76.54 of title 47, Code
of Federal Regulations, or any successor
regulation, or any television broadcast signal
such distributor is authorized to carry under
[S]ection 338, 339, 340, or 614 of [the] Act,
unless such stations are directly or indirectly
under common de jure control permitted by
the Commission.11
7. Thus, we amend § 76.65(b) of our
rules by adding new subsection
76.65(b)(1)(ix), which incorporates the
protections for significantly viewed and
other television signals established in
section 103(b) of the STELAR.
D. Section 105 of the STELAR
8. We amend § 76.1601 of our rules by
removing the prohibition on deletion or
repositioning of local commercial
television stations by cable operators
during periods in which major
television ratings services measure such
stations’ audience size, otherwise
known as the ‘‘sweeps prohibition.’’ 12
Section 105(a) of the STELAR amends
section 614(b)(9) of the Act by
eliminating the sweeps prohibition,13
10 For example, the prohibition on joint
negotiation codified in § 76.65(b)(1)(viii) of our
existing rules applies by its terms only to samemarket ‘‘Top Four’’ television broadcast stations,
whereas the new statutory ban applies to all samemarket television broadcast stations. Moreover, in
contrast to the existing ban on joint negotiation
(which permits joint negotiation of retransmission
consent by stations that are commonly owned,
operated or controlled as determined by the
Commission’s broadcast attribution rules), the new
statutory ban permits joint negotiation only by
stations that ‘‘are directly or indirectly under
common de jure control permitted under the
regulations of the Commission.’’ Compare 47 CFR
76.65(b)(1)(viii) with 47 U.S.C. 325(b)(3)(C) (as
amended by section 103(a) of the STELAR).
11 See 47 U.S.C. 325(b)(3)(C) (as amended by
section 103 of the STELAR).
12 See 47 CFR 76.1601, Note 1.
13 In particular, section 105(a) of the STELAR
amends section 614(b)(9) of the Act by striking the
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11329
and section 105(b) directs the
Commission to conform its rules
accordingly.14 Pursuant to Congress’s
directive in section 105(b), therefore, we
amend our rules to eliminate Note 1 of
§ 76.1601.
E. ‘‘Good Cause’’ Under Section
553(b)(B) of the APA
9. Consistent with previous decisions,
we amend our rules as set forth above
without providing for prior public
notice and comment. Our action here is
largely ministerial because it simply
effectuates new sunset dates or other
provisions established by legislation,
and requires no exercise of
administrative discretion. For this
reason, we conclude that prior notice
and comment would serve no useful
purpose and are unnecessary. We,
therefore, find that this action comes
within the ‘‘good cause’’ exception to
the notice and comment requirements of
the APA.15
III. Procedural Matters
A. Regulatory Flexibility Act
10. Because we adopt this Order
without notice and comment, the
Regulatory Flexibility Act (RFA) does
not apply.16
B. Paperwork Reduction Act
11. This document does not contain
any new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA).17 In addition, therefore, it does
not contain any information collection
burden for small business concerns with
fewer than 25 employees, pursuant to
the Small Business Paperwork Relief
Act of 2002.18
second sentence, which states that ‘‘[n]o deletion or
repositioning of a local commercial television
station shall occur during a period in which major
television ratings services measure the size of
audiences of local television stations.’’ 47 U.S.C.
534(b)(9).
14 Section 105(b) of the STELAR provides that
‘‘[n]ot later than 90 days after the date of enactment
of this Act, the Commission shall revise [S]ection
76.1601 of its rules . . . and any note to such
section by removing the [sweeps prohibition].’’ See
Public Law 113–200, 128 Stat. 2059, 105(b) (2014).
15 See 5 U.S.C. 553(b)(B).
16 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601
et seq., has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
857 (1996). The SBREFA was enacted as Title II of
the Contract with America Advancement Act of
1996 (CWAAA).
17 The Paperwork Reduction Act of 1995, Public
Law 104–13, 109 Stat. 163 (1995) (codified in
Chapter 35 of title 44 U.S.C.).
18 The Small Business Paperwork Relief Act of
2002 (SBPRA), Public Law 107–198, 116 Stat. 729
(2002) (codified in Chapter 35 of title 44 U.S.C.); see
44 U.S.C. 3506(c)(4).
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
C. Congressional Review Act
12. The Commission will send a copy
of this Order in a report to be sent to
Congress and the Government
Accountability Office, pursuant to the
Congressional Review Act.19
544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572, 573.
D. Additional Information
13. For more information, contact
Raelynn Remy, Raelynn.Remy@fcc.gov,
Policy Division, Media Bureau, (202)
418–2936.
*
IV. Ordering Clauses
14. Accordingly, IT IS ORDERED that,
pursuant to the authority found in
sections 4(i), 4(j), 303(r), 325 and 614 of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j),
303(r), 325, and 534, and sections 101,
103 and 105 of the STELA
Reauthorization Act of 2014, Public Law
113–200, 128 Stat. 2059 (2014), this
Order IS ADOPTED and the
Commission’s rules ARE HEREBY
AMENDED as set forth below.
15. IT IS FURTHER ORDERED that,
pursuant to the authority found in
sections 4(i), 4(j), 303(r), 325 and 614 of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j),
303(r), 325, and 534, and sections 101,
103 and 105 of the STELA
Reauthorization Act of 2014, Public Law
113–200, 128 Stat. 2059 (2014), the rules
SHALL BE EFFECTIVE thirty (30) days
after the date of publication in the
Federal Register.
16. IT IS FURTHER ORDERED that
the Commission shall send a copy of
this Order in MB Docket No. 15–37 in
a report to be sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 76
Cable television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 76 as
follows:
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PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
1. Amend the authority citation for
part 76 to read as follows:
■
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 338, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544,
19 See
5 U.S.C. 801(a)(1)(A).
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2. Section 76.64 is amended by
revising paragraphs (b)(3)(ii) and (l) to
read as follows:
■
§ 76.64
Retransmission consent.
*
*
*
*
(b) * * *
(3) * * *
(ii) The broadcast station is owned or
operated by, or affiliated with a
broadcasting network, and the
household receiving the signal is an
unserved household. This paragraph
shall terminate at midnight on
December 31, 2019, provided that if
Congress further extends this date, the
rules remain in effect until the statutory
authorization expires.
*
*
*
*
*
(l) Exclusive retransmission consent
agreements are prohibited. No television
broadcast station shall make or negotiate
any agreement with one multichannel
video programming distributor for
carriage to the exclusion of other
multichannel video programming
distributors. This paragraph shall
terminate at midnight on January 1,
2020, provided that if Congress further
extends this date, the rules remain in
effect until the statutory authorization
expires.
*
*
*
*
*
■ 3. Section 76.65 is amended by
revising paragraph (b)(1)(viii) and by
adding paragraph (b)(1)(ix) and revising
paragraph (f) to read as follows:
§ 76.65 Good faith and exclusive
retransmission consent complaints.
*
*
*
*
*
(b) * * *
(1) * * *
(viii) Coordination of negotiations or
negotiation on a joint basis by two or
more television broadcast stations in the
same local market (as defined in 17
U.S.C. 122(j)) to grant retransmission
consent to a multichannel video
programming distributor, unless such
stations are directly or indirectly under
common de jure control permitted
under the regulations of the
Commission.
(ix) The imposition by a television
broadcast station of limitations on the
ability of a multichannel video
programming distributor to carry into
the local market (as defined in 17 U.S.C.
122(j)) of such station a television signal
that has been deemed significantly
viewed, within the meaning of § 76.54
of this part, or any successor regulation,
or any other television broadcast signal
such distributor is authorized to carry
under 47 U.S.C. 338, 339, 340 or 534,
unless such stations are directly or
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indirectly under common de jure
control permitted by the Commission.
*
*
*
*
*
(f) Termination of rules. This section
shall terminate at midnight on January
1, 2020, provided that if Congress
further extends this date, the rules
remain in effect until the statutory
authorization expires.
§ 76.1601
■
[Amended].
4. Amend § 76.1601 by removing Note
1.
[FR Doc. 2015–04337 Filed 3–2–15; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 101206604–1758–02]
RIN 0648–XD790
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic; Trip
Limit Increase
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; in-season trip
limit increase.
AGENCY:
NMFS increases the trip limit
in the commercial sector for king
mackerel in the Florida east coast
subzone to 75 fish per day in or from the
exclusive economic zone (EEZ). This
trip limit increase is necessary to
maximize the socioeconomic benefits
associated with harvesting the quota.
DATES: This rule is effective 12:01 a.m.,
local time, March 1, 2015, through
March 31, 2015, unless NMFS publishes
a superseding document in the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, and
cobia) is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Rules and Regulations]
[Pages 11328-11330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04337]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 15-37; FCC 15-21]
Implementation of the STELA Reauthorization Act of 2014
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (``Commission'') amends
its rules to implement certain provisions of the STELA Reauthorization
Act of 2014. Collectively, those provisions: Extend to January 1, 2020
the good faith negotiation requirements applicable to multichannel
video programming distributors (``MVPDs'') and television broadcast
stations, and the exclusive contract prohibition applicable to such
broadcast stations; prohibit same-market television broadcast stations
from coordinating negotiations or negotiating on a joint basis for
retransmission consent except under certain conditions; prohibit a
television broadcast station from limiting the ability of an MVPD to
carry into its local market television signals that are deemed
``significantly viewed'' or that otherwise are permitted to be carried
by the MVPD, with certain exceptions; and eliminate the ``sweeps
prohibition'' in the Communications Act of 1934, as amended (``the
Act'').
DATES: Effective April 2, 2015.
FOR FURTHER INFORMATION CONTACT: Raelynn Remy, Raelynn.Remy@fcc.gov,
Federal Communications Commission, Media Bureau, (202) 418-2936.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
MB Docket No. 15-37, FCC 15-21, which was adopted on February 13, 2015
and released on February 18, 2015. The full text of this document is
available for public inspection and copying during regular business
hours in the FCC Reference Center, Federal Communications Commission,
445 12th Street SW., Room CY-A257, Washington, DC 20554. This document
will also be available via ECFS at https://fjallfoss.fcc.gov/ecfs/.
Documents will be available electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to fcc504@fcc.gov or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified ``information collection burden for small business
concerns with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Document Summary
I. Introduction
1. In this Order, we amend our rules to implement three provisions
of the STELA Reauthorization Act of 2014 (``STELAR'').\1\ Collectively,
those provisions: (i) Extend to January 1, 2020 the good faith
negotiation requirements applicable to multichannel video programming
distributors (``MVPDs'') and television broadcast stations, and the
exclusive contract prohibition applicable to such broadcast stations;
\2\ (ii) prohibit same-market television broadcast stations from
coordinating negotiations or negotiating on a joint basis for
retransmission consent except under certain conditions; \3\ (iii)
prohibit a television broadcast station from limiting the ability of an
MVPD to carry into its local market television signals that are deemed
``significantly viewed'' or that otherwise are permitted to be carried
by the MVPD, with certain exceptions; \4\ and (iv) eliminate the
``sweeps prohibition'' in section 614(b)(9) of the Communications Act
of 1934, as amended (``the Act'').\5\
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\1\ See Public Law 113-200, 128 Stat. 2059 (2014). The STELAR
was enacted on December 4, 2014 (H.R. 5728, 113th Cong.).
\2\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 101 of the
STELAR).
\3\ See id. (as amended by section 103(a) of the STELAR).
\4\ See id. (as amended by section 103(b) of the STELAR).
\5\ See 47 U.S.C. 534(b)(9) (as amended by section 105 of the
STELAR).
---------------------------------------------------------------------------
2. The STELAR requires the Commission, among other things, to
undertake several proceedings to adopt new rules, amend or repeal
existing rules, and conduct analyses. This proceeding implements
sections 101, 103 and 105 of the STELAR.\6\ We address those provisions
in one order because their implementation entails no exercise of our
administrative discretion and, therefore, notice and comment procedures
are unnecessary under the ``good cause'' exception to the
Administrative Procedure Act (``APA'').\7\ We discuss each provision,
in turn.
---------------------------------------------------------------------------
\6\ Provisions of the STELAR that we do not implement in this
Order will be addressed in other proceedings.
\7\ See 5 U.S.C. 553(b)(B). See also Metzenbaum v. Federal
Energy Regulatory Commission, 675 F.2d 1282, 1291 (D.C. Cir. 1982)
(agency order, issued pursuant to Congressional waiver of certain
provisions of federal law that otherwise would have governed
construction and operation of Alaskan natural gas pipeline, was
appropriately issued without notice and comment under the APA's
``good cause'' exception as a nondiscretionary ministerial action);
Komjathy v. Nat'l Transp. Safety Bd., 832 F.2d 1294, 1296-97 (D.C.
Cir. 1987) (notice and comment is unnecessary where the regulation
does no more than repeat, virtually verbatim, the statutory grant of
authority), cert. denied, 486 U.S. 1057 (1988).
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[[Page 11329]]
II. Discussion
A. Section 101 of the STELAR: Extension of Sunset Dates in
Retransmission Consent Rules
3. We revise Sec. 76.64(b)(3)(ii) of our rules (relating to the
retransmission consent exemption for carriage of distant network
signals by satellite carriers), Sec. 76.64(l) (relating to the
prohibition on exclusive retransmission consent contracts) and Sec.
76.65(f) (relating to the expiration of the reciprocal good faith
negotiation requirements) to reflect the new sunset dates established
in section 101 of the STELAR. Section 101 amends section 325(b)(2)(C)
of the Act by replacing the previous sunset date of December 31, 2014
with a new sunset date of December 31, 2019. Section 101 also amends
section 325(b)(3)(C) of the Act to replace the previous sunset date of
January 1, 2015 with a new sunset date of January 1, 2020.\8\
Accordingly, we amend Sec. Sec. 76.64(b)(3)(ii), 76.64(l), and
76.65(f) of our rules to reflect those new sunset dates.
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\8\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 101 of the
STELAR) (requiring MVPDs and television broadcast stations to
negotiate retransmission consent in good faith and prohibiting such
stations from engaging in exclusive contracts for carriage).
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B. Section 103(a) of the STELAR: Ban on Joint Negotiation for
Retransmission Consent
4. We also revise Sec. 76.65(b) of our rules (setting forth
standards for good faith negotiation) to incorporate new provisions of
section 325 added by the STELAR. In particular, section 103(a) of the
STELAR revises section 325 by adding new subsection 325(b)(3)(C)(iv),
which, read as part of section 325(b)(3)(C) as a whole, requires the
Commission to revise its retransmission consent rules:
[to] prohibit a television broadcast station from coordinating
negotiations or negotiating on a joint basis with another television
broadcast station in the same local market (as defined in section
122(j) of title 17, United States Code) to grant retransmission
consent under this section to a [MVPD], unless such stations are
directly or indirectly under common de jure control permitted under
the regulations of the Commission.\9\
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\9\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 103 of the
STELAR).
5. In accordance with our statutory mandate in section
325(b)(3)(C), we revise Sec. 76.65(b) of our rules to incorporate this
new provision virtually verbatim. Specifically, we repeal Sec.
76.65(b)(1)(viii) of our rules (governing joint negotiation of
retransmission consent) and replace that provision with language
implementing new section 325(b)(3)(C)(iv) of the Act. We take this
action based on our conclusion that the prohibition on joint
negotiation in new section 325(b)(3)(C)(iv) is broader than, and thus
supersedes, the Commission's existing prohibition.\10\
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\10\ For example, the prohibition on joint negotiation codified
in Sec. 76.65(b)(1)(viii) of our existing rules applies by its
terms only to same-market ``Top Four'' television broadcast
stations, whereas the new statutory ban applies to all same-market
television broadcast stations. Moreover, in contrast to the existing
ban on joint negotiation (which permits joint negotiation of
retransmission consent by stations that are commonly owned, operated
or controlled as determined by the Commission's broadcast
attribution rules), the new statutory ban permits joint negotiation
only by stations that ``are directly or indirectly under common de
jure control permitted under the regulations of the Commission.''
Compare 47 CFR 76.65(b)(1)(viii) with 47 U.S.C. 325(b)(3)(C) (as
amended by section 103(a) of the STELAR).
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C. Section 103(b) of the STELAR: Protections for Significantly Viewed
and Other Television Signals
6. In addition, section 103(b) of the STELAR amends section 325 by
adding new subsection 325(b)(3)(C)(v). Read as part of section
325(b)(3)(C) in its entirety, that new subsection directs the
Commission to amend its retransmission consent rules:
[to] prohibit a television broadcast station from limiting the
ability of a [MVPD] to carry into the local market (as defined in
[S]ection 122(j) of title 17, United States Code) of such station a
television signal that has been deemed significantly viewed, within
the meaning of [S]ection 76.54 of title 47, Code of Federal
Regulations, or any successor regulation, or any television
broadcast signal such distributor is authorized to carry under
[S]ection 338, 339, 340, or 614 of [the] Act, unless such stations
are directly or indirectly under common de jure control permitted by
the Commission.\11\
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\11\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 103 of
the STELAR).
7. Thus, we amend Sec. 76.65(b) of our rules by adding new
subsection 76.65(b)(1)(ix), which incorporates the protections for
significantly viewed and other television signals established in
section 103(b) of the STELAR.
D. Section 105 of the STELAR
8. We amend Sec. 76.1601 of our rules by removing the prohibition
on deletion or repositioning of local commercial television stations by
cable operators during periods in which major television ratings
services measure such stations' audience size, otherwise known as the
``sweeps prohibition.'' \12\ Section 105(a) of the STELAR amends
section 614(b)(9) of the Act by eliminating the sweeps prohibition,\13\
and section 105(b) directs the Commission to conform its rules
accordingly.\14\ Pursuant to Congress's directive in section 105(b),
therefore, we amend our rules to eliminate Note 1 of Sec. 76.1601.
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\12\ See 47 CFR 76.1601, Note 1.
\13\ In particular, section 105(a) of the STELAR amends section
614(b)(9) of the Act by striking the second sentence, which states
that ``[n]o deletion or repositioning of a local commercial
television station shall occur during a period in which major
television ratings services measure the size of audiences of local
television stations.'' 47 U.S.C. 534(b)(9).
\14\ Section 105(b) of the STELAR provides that ``[n]ot later
than 90 days after the date of enactment of this Act, the Commission
shall revise [S]ection 76.1601 of its rules . . . and any note to
such section by removing the [sweeps prohibition].'' See Public Law
113-200, 128 Stat. 2059, 105(b) (2014).
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E. ``Good Cause'' Under Section 553(b)(B) of the APA
9. Consistent with previous decisions, we amend our rules as set
forth above without providing for prior public notice and comment. Our
action here is largely ministerial because it simply effectuates new
sunset dates or other provisions established by legislation, and
requires no exercise of administrative discretion. For this reason, we
conclude that prior notice and comment would serve no useful purpose
and are unnecessary. We, therefore, find that this action comes within
the ``good cause'' exception to the notice and comment requirements of
the APA.\15\
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\15\ See 5 U.S.C. 553(b)(B).
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III. Procedural Matters
A. Regulatory Flexibility Act
10. Because we adopt this Order without notice and comment, the
Regulatory Flexibility Act (RFA) does not apply.\16\
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\16\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857
(1996). The SBREFA was enacted as Title II of the Contract with
America Advancement Act of 1996 (CWAAA).
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B. Paperwork Reduction Act
11. This document does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA).\17\ In addition, therefore, it does not contain any information
collection burden for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of
2002.\18\
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\17\ The Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).
\18\ The Small Business Paperwork Relief Act of 2002 (SBPRA),
Public Law 107-198, 116 Stat. 729 (2002) (codified in Chapter 35 of
title 44 U.S.C.); see 44 U.S.C. 3506(c)(4).
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[[Page 11330]]
C. Congressional Review Act
12. The Commission will send a copy of this Order in a report to be
sent to Congress and the Government Accountability Office, pursuant to
the Congressional Review Act.\19\
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\19\ See 5 U.S.C. 801(a)(1)(A).
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D. Additional Information
13. For more information, contact Raelynn Remy,
Raelynn.Remy@fcc.gov, Policy Division, Media Bureau, (202) 418-2936.
IV. Ordering Clauses
14. Accordingly, IT IS ORDERED that, pursuant to the authority
found in sections 4(i), 4(j), 303(r), 325 and 614 of the Communications
Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), 325, and
534, and sections 101, 103 and 105 of the STELA Reauthorization Act of
2014, Public Law 113-200, 128 Stat. 2059 (2014), this Order IS ADOPTED
and the Commission's rules ARE HEREBY AMENDED as set forth below.
15. IT IS FURTHER ORDERED that, pursuant to the authority found in
sections 4(i), 4(j), 303(r), 325 and 614 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), 325, and 534, and
sections 101, 103 and 105 of the STELA Reauthorization Act of 2014,
Public Law 113-200, 128 Stat. 2059 (2014), the rules SHALL BE EFFECTIVE
thirty (30) days after the date of publication in the Federal Register.
16. IT IS FURTHER ORDERED that the Commission shall send a copy of
this Order in MB Docket No. 15-37 in a report to be sent to Congress
and the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 76
Cable television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 76 as follows:
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
1. Amend the authority citation for part 76 to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503,
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548,
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.
0
2. Section 76.64 is amended by revising paragraphs (b)(3)(ii) and (l)
to read as follows:
Sec. 76.64 Retransmission consent.
* * * * *
(b) * * *
(3) * * *
(ii) The broadcast station is owned or operated by, or affiliated
with a broadcasting network, and the household receiving the signal is
an unserved household. This paragraph shall terminate at midnight on
December 31, 2019, provided that if Congress further extends this date,
the rules remain in effect until the statutory authorization expires.
* * * * *
(l) Exclusive retransmission consent agreements are prohibited. No
television broadcast station shall make or negotiate any agreement with
one multichannel video programming distributor for carriage to the
exclusion of other multichannel video programming distributors. This
paragraph shall terminate at midnight on January 1, 2020, provided that
if Congress further extends this date, the rules remain in effect until
the statutory authorization expires.
* * * * *
0
3. Section 76.65 is amended by revising paragraph (b)(1)(viii) and by
adding paragraph (b)(1)(ix) and revising paragraph (f) to read as
follows:
Sec. 76.65 Good faith and exclusive retransmission consent
complaints.
* * * * *
(b) * * *
(1) * * *
(viii) Coordination of negotiations or negotiation on a joint basis
by two or more television broadcast stations in the same local market
(as defined in 17 U.S.C. 122(j)) to grant retransmission consent to a
multichannel video programming distributor, unless such stations are
directly or indirectly under common de jure control permitted under the
regulations of the Commission.
(ix) The imposition by a television broadcast station of
limitations on the ability of a multichannel video programming
distributor to carry into the local market (as defined in 17 U.S.C.
122(j)) of such station a television signal that has been deemed
significantly viewed, within the meaning of Sec. 76.54 of this part,
or any successor regulation, or any other television broadcast signal
such distributor is authorized to carry under 47 U.S.C. 338, 339, 340
or 534, unless such stations are directly or indirectly under common de
jure control permitted by the Commission.
* * * * *
(f) Termination of rules. This section shall terminate at midnight
on January 1, 2020, provided that if Congress further extends this
date, the rules remain in effect until the statutory authorization
expires.
Sec. 76.1601 [Amended].
0
4. Amend Sec. 76.1601 by removing Note 1.
[FR Doc. 2015-04337 Filed 3-2-15; 8:45 am]
BILLING CODE 6712-01-P