Implementation of the STELA Reauthorization Act of 2014, 11328-11330 [2015-04337]

Download as PDF 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. Rmajette on DSK2VPTVN1PROD with RULES 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: VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 (‘‘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). E:\FR\FM\03MRR1.SGM 03MRR1 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 Rmajette on DSK2VPTVN1PROD with RULES 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). VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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). E:\FR\FM\03MRR1.SGM 03MRR1 11330 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: Rmajette on DSK2VPTVN1PROD with RULES 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). VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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: E:\FR\FM\03MRR1.SGM 03MRR1

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]


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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.

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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).
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    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.
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    \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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \15\ See 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).

---------------------------------------------------------------------------

[[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\
---------------------------------------------------------------------------

    \19\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

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
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