Expanded Online Public Inspection File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, 33140-33144 [2016-11693]
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Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations
requirements. Therefore, this action
does not impose additional
requirements beyond those imposed by
state law. For that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
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report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 25, 2016. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 12, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. Section 52.1279 is amended by
adding paragraph (b) to read as follows:
■
§ 52.1279
Visibility protection.
*
*
*
*
*
(b) Disapproval. EPA has disapproved
the portions of Mississippi’s May 29,
2012, 2008 8-hour Ozone infrastructure
SIP submission; July 26, 2012, 2008 8hour Ozone infrastructure SIP
resubmission; February 28, 2013, 2010,
1-hour NO2 infrastructure SIP
submission; June 20, 2013, 2010 1-hour
SO2 infrastructure SIP submission; and
December 8, 2015, 2012, Annual PM2.5
infrastructure SIP submission that
address the visibility protection (prong
4) requirements of Clean Air Act section
110(a)(2)(D)(i)(II). EPA disapproved the
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prong 4 portions of these SIP
submissions because Mississippi does
not have a fully approved regional haze
SIP that meets the requirements of 40
CFR 51.308 and because these SIP
submissions do not otherwise
demonstrate that emissions within the
State do not interfere with other states’
plans to protect visibility.
[FR Doc. 2016–12114 Filed 5–24–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 25, 73, and 76
[MB Docket No. 14–127; FCC 16–4]
Expanded Online Public Inspection
File Obligations to Cable and Satellite
TV Operators and Broadcast and
Satellite Radio Licensees
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s Report and Order,
Expansion of Online Public File
Obligations To Cable and Satellite TV
Operators and Broadcast and Satellite
Radio Licensees. This document is
consistent with the Report and Order,
which stated that the Commission
would publish a document in the
Federal Register announcing OMB
approval and the effective date of the
rules.
DATES: The amendments to 47 CFR
25.701(d), (d)(2), (d)(3), (e)(3), and (f)(6),
25.702, 73.1943(d), 73.3526(b)(1)
through (3), 73.3527(b)(1) and (2),
76.630, 76.1700, and 76.1702(a),
published at 81 FR 10105, February 29,
2016, are effective June 24, 2016.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Cathy
Williams, Cathy.Williams@fcc.gov, (202)
418–2918.
SUPPLEMENTARY INFORMATION: This
document announces that, on May 4,
2016, OMB approved the information
collection requirements contained in the
Commission’s Report and Order, FCC
16–4, published at 81 FR 10105,
February 29, 2016. The OMB Control
Numbers are 3060–1207, 3060–0214,
and 3060–0316. The Commission
publishes this notice as an
announcement of the effective date of
the rules. If you have any comments on
SUMMARY:
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the burden estimates listed below, or
how the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Numbers, 3060–1207, 3060–0214, and
3060–0316, in your correspondence.
The Commission will also accept your
comments via the Internet if you send
them to PRA@fcc.gov. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on May 4, 2016,
for the new information collection
requirements contained in the
Commission’s rules at 47 CFR 25.701(d),
(d)(2), (d)(3), (e)(3) and (f)(6), 25.702,
73.1943(d), 73.3526(b)(1)–(3),
73.3527(b)(1) and (2), 76.630, 76.1700
and 76.1702(a). Under 5 CFR 1320, an
agency may not conduct or sponsor a
collection of information unless it
displays a current, valid OMB Control
Number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Numbers are
3060–1207, 3060–0214, and 3060–0316.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1207.
OMB Approval Date: May 4, 2016.
OMB Expiration Date: May 31, 2019.
Title: Section 25.701, Other DBS
Public Interest Obligations, and 25.702,
Other SDARS Public Interest
Obligations.
Form Number: N/A.
Type of Review: New collection.
Respondents: Business and other forprofit entities.
Number of Respondents and
Responses: 3 respondents; 3 responses.
Estimated Time per Response: 18
hours.
Frequency of Response:
Recordkeeping requirement; on
occasion reporting requirement; Third
party disclosure requirement.
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Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority which covers this information
collection is contained in Sections 154,
301, 302, 303, 307, 309, 319, 332, 605,
and 721 of the Communications Act of
1934, as amended.
Total Annual Burden: 54 hours.
Total Annual Cost: $592.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: The
Commission prepared a system of
records notice (SORN), FCC/MB–2,
‘‘Broadcast Station Public Inspection
Files,’’ that covers the PII contained in
the broadcast station public inspection
files located on the Commission’s Web
site. The Commission will revise
appropriate privacy requirements as
necessary to include any entities and
information added to the online public
file in this proceeding.
Needs and Uses: In 2012, the
Commission replaced the decades-old
requirement that commercial and
noncommercial television stations
maintain public files at their main
studios with a requirement to post most
of the documents in those files to a
central, online public file hosted by the
Commission. On January 28, 2016, the
Commission adopted a Report and
Order (‘‘R&O’’) in MB Docket No. 14–
127, FCC 16–4, In the Matter of
Expansion of Online Public File
Obligations to Cable and Satellite TV
Operators and Broadcast and Satellite
Radio Licensees, expanding the
requirement that public inspection files
be posted to the FCC-hosted online
public file database to satellite TV (also
referred to as ‘‘Direct Broadcast
Satellite’’ or ‘‘DBS’’) providers and to
satellite radio (also referred to as
‘‘satellite Digital Audio Radio Services’’
or ‘‘SDARS’’) licensees, among other
entities. The Commission stated that its
goal is to make information that these
entities are already required to make
publicly available more accessible while
also reducing costs both for the
government and the public sector. The
Commission took the same general
approach to transitioning these entities
to the online file that it took with
television broadcasters in 2012, tailoring
the requirements as necessary to the
different services. The Commission also
took similar measures to minimize the
effort and cost entities must undertake
to move their public files online.
Specifically, the Commission required
entities to upload to the online public
file only documents that are not already
on file with the Commission or that the
Commission maintains in its own
database. The Commission also
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exempted existing political file material
from the online file requirement and
required that political file documents be
uploaded only on a going-forward basis.
The Commission first adopted a
public inspection file requirement for
broadcasters more than 40 years ago.
The public file requirement grew out of
Congress’ 1960 amendment of Sections
309 and 311 of the Communications Act
of 1934. Finding that Congress, in
enacting these provisions, was guarding
‘‘the right of the general public to be
informed, not merely the rights of those
who have special interests,’’ the
Commission adopted the public
inspection file requirement to ‘‘make
information to which the public already
has a right more readily available, so
that the public will be encouraged to
play a more active part in dialogue with
broadcast licensees.’’ The information
provided in the public file enables
citizens to engage in an informed dialog
with their local video provider or to file
complaints regarding provider
operations. Satellite TV (also known as
‘‘Direct Broadcast Satellite’’ or ‘‘DBS’’)
providers and satellite radio (also
referred to as ‘‘Satellite Digital Audio
Radio Services’’ or ‘‘SDARS’’) licensees
have public and political file
requirements modeled, in large part, on
the longstanding broadcast
requirements. With respect to DBS
providers, the Commission adopted
public and political inspection file
requirements in 1998 in conjunction
with the imposition of certain public
interest obligations, including political
broadcasting requirements, on those
entities. DBS providers were required to
‘‘abide by political file obligations
similar to those requirements placed on
terrestrial broadcasters and cable
systems’’ and were also required to
maintain a public file with records
relating to other DBS public interest
obligations. The Commission imposed
equal employment opportunity and
political broadcast requirements on
SDARS licensees in 1997, noting that
the rationale behind imposing these
requirements on broadcasters also
applies to satellite radio.
47 CFR 25.701(d) requires each DBS
provider to keep and permit public
inspection of a complete and orderly
record (political file) of all requests for
DBS origination time made by or on
behalf of candidates for public office,
together with an appropriate notation
showing the disposition made by the
provider of such requests, and the
charges made, if any, if the request is
granted. The disposition includes the
schedule of time purchased, when the
spots actually aired, the rates charged,
and the classes of time purchased. Also,
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when free time is provided for use by or
on behalf of candidates, a record of the
free time provided is to be placed in the
political file. All records required to be
retained by this section must be placed
in the political file as soon as possible
and retained for a period of two years.
DBS providers must make available, by
fax, email, or by mail upon telephone
request, copies of documents in their
political files and assist callers by
answering questions about the contents
of their political files. If a requester
prefers access by mail, the DBS provider
must pay for postage but may require
individuals requesting documents to
pay for photocopying. If a DBS provider
places its political file on its Web site,
it may refer the public to the Web site
in lieu of mailing copies.
Any material required to be
maintained in the political file must be
made available to the public by either
mailing or Web site access or both.
The R&O changes 47 CFR 25.701(d) to
require DBS providers to place all new
political file material required to be
retained by this section in the online file
hosted by the Commission. The R&O
also eliminates the requirement that
DBS providers honor requests by
telephone for copies of political file
materials if those materials are made
available online.
47 CFR 25.701(f)(6) requires each DBS
provider to maintain a public file
containing a complete and orderly
record of quarterly measurements of:
Channel capacity and yearly average
calculations on which it bases its four
percent reservation, as well as its
responses to any capacity changes; a
record of entities to whom
noncommercial capacity is being
provided, the amount of capacity being
provided to each entity, the conditions
under which it is being provided and
the rates, if any, being paid by the
entity; and a record of entities that have
requested capacity, disposition of those
requests and reasons for the disposition.
All records required by this provision
must be placed in a file available to the
public as soon as possible and be
retained for a period of two years.
The R&O changes 47 CFR 25.701(f)(6)
to require DBS providers to place all
public file material required to be
retained by this section in the online file
hosted by the Commission. The R&O
also requires that each DBS provider
place in the online file the records
required to be placed in the public
inspection file by 47 CFR
25.701(e)(commercial limits in
children’s programs) and by 47 CFR
25.601 and Part 76, Subpart E (equal
employment opportunity requirements)
and retain those records for the period
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required by those rules. In addition, the
R&O requires each DBS provider to
provide a link to the public inspection
file hosted on the Commission’s Web
site from the home page of its own Web
site, if the provider has a Web site, and
provide on its Web site contact
information for a representative who
can assist any person with disabilities
with issues related to the content of the
public files. Each DBS provider is also
required to include in the online public
file the name, phone number, and email
address of the licensee’s designated
contact for questions about the public
file. In addition, each DBS provider
must place the address of the provider’s
local public file in the Commission’s
online file unless the provider has fully
transitioned to the FCC’s online public
file (e.g., posts to the FCC’s online file
database all public and political file
material required to be maintained in
the public inspection file) and also
provides online access via the
provider’s own Web site to back-up
political file material in the event the
online file becomes temporarily
unavailable.
47 CFR 25.702. The R&O adds this
new rule. New 47 CFR 25.702(b)
requires each SDARS licensee to
maintain a complete and orderly record
(political file) of all requests for SDARS
origination time made by or on behalf of
candidates for public office, together
with the disposition made by the
provider of such requests, and the
charges made, if any, if the request is
granted. The disposition must include
the schedule of time purchased, when
the spots actually aired, the rates
charged, and the classes of time
purchased. Also, when free time is
provided for use by or on behalf of
candidates, a record of the free time
provided is to be placed in the political
file. SDARS licensees are required to
place all records required by this section
in the political file as soon as possible
and retain the record for a period of two
years.
New 47 CFR 25.702(c) requires each
SDARS applicant or licensee to place in
the online file hosted by the
Commission the records required to be
placed in the public inspection file by
47 CFR 25.601 and 73.2080 (equal
employment opportunities) and to
retain those records for the period
required by those rules. Each SDARS
licensee must provide a link to the
public inspection file hosted on the
Commission’s Web site from the home
page of its own Web site, if the licensee
has a Web site, and provide on its Web
site contact information for a
representative who can assist any
person with disabilities with issues
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related to the content of the public files.
Each SDARS licensee is also required to
include in the online public file the
name, phone number, and email address
of the licensee’s designated contact for
questions about the public file. In
addition, each SDARS licensee must
place the address of the provider’s local
public file in the Commission’s online
file unless the provider has fully
transitioned to the FCC’s online public
file (i.e., posts to the Commission’s
online public file all public and
political file material required to be
maintained in the public inspection file)
and also provides online access via the
licensee’s own Web site to back-up
political file material in the event the
online file becomes temporarily
unavailable.
OMB Control Number: 3060–0214.
OMB Approval Date: May 4, 2016.
OMB Expiration Date: May 31, 2019.
Title: Sections 73.3526 and 73.3527,
Local Public Inspection File, Sections
73.1212, 76.1701 and 73.1943, Political
Files.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not for profit institutions;
State, Local or Tribal government;
Individuals or households.
Number of Respondents and
Responses: 24,962 respondents; 64,374
responses.
Estimated Time per Response: 1–52
hours.
Frequency of Response:
Recordkeeping requirement; on
occasion reporting requirements; Third
party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 151, 152, 154(i),
303, 307 and 308 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 2,093,149
hours.
Total Annual Cost: $3,653,372.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: The
Commission prepared a system of
records notice (SORN), FCC/MB–2,
‘‘Broadcast Station Public Inspection
Files,’’ that covers the PII contained in
the broadcast station public inspection
files located on the Commission’s Web
site. The Commission will revise
appropriate privacy requirements as
necessary to include any entities and
information added to the online public
file in this proceeding.
Needs and Uses: In 2012, the
Commission replaced the decades-old
E:\FR\FM\25MYR1.SGM
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Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations
requirement that commercial and
noncommercial television stations
maintain public files at their main
studios with a requirement to post most
of the documents in those files to a
central, online public file hosted by the
Commission. On January 28, 2016, the
Commission adopted a Report and
Order (‘‘R&O’’) in MB Docket No. 14–
127, FCC 16–4, In the Matter of
Expansion of Online Public File
Obligations to Cable and Satellite TV
Operators and Broadcast and Satellite
Radio Licensees. The R&O expands the
requirement that public inspection files
be posted to an FCC-hosted online
public file database to cable operators,
satellite TV (also referred to as ‘‘Direct
Broadcast Satellite’’ or ‘‘DBS’’)
providers, broadcast radio licensees,
and satellite radio (also referred to as
‘‘Satellite Digital Audio Radio Services’’
or ‘‘SDARS’’) licensees. The
Commission stated that its goal is to
make information that these entities are
already required to make publicly
available more accessible while also
reducing costs both for the government
and the public sector. The Commission
took the same general approach to
transitioning these entities to the online
file that it took with television
broadcasters in 2012, tailoring the
requirements as necessary to the
different services. The Commission also
took similar measures to minimize the
effort and cost entities must undertake
to move their public files online.
Specifically, the Commission required
entities to upload to the online public
file only documents that are not already
on file with the Commission or that the
Commission maintains in its own
database. The Commission also
exempted existing political file material
from the online file requirement and
required that political file documents be
uploaded only on a going-forward basis.
With respect to broadcast radio
licensees, the Commission commenced
the transition to an online file with
commercial stations in larger markets
with five or more full-time employees,
while postponing temporarily all online
file requirements for other radio
stations. The R&O also requires stations
to provide information to the online file
regarding the location of the station’s
main studio.
With respect to cable operator public
file requirements, the R&O phased-in
the requirement to commence uploading
political file documents to the online
file for smaller cable systems and
exempted cable systems with fewer than
1,000 subscribers from all online public
file requirements.
OMB Control Number: 3060–0316.
OMB Approval Date: May 4, 2016.
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OMB Expiration Date: May 31, 2019.
Title: 47 CFR Sections 76.1700,
Records to be maintained locally by
Cable System Operators; 76.1702, Equal
Employment Opportunity; 76.1703,
Commercial Records on Children’s
Programs; 76.1707, Leased Access;
76.1711, Emergency Alert System (EAS)
Tests and Activation.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business and other forprofit entities.
Number of Respondents and
Responses: 3,000 respondents; 3,000
responses.
Estimated Time per Response: 18
hours.
Frequency of Response:
Recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 151, 152, 153,
154, 301, 302, 302a, 303, 303a, 307, 308,
309, 312, 315, 317, 325, 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, and
573 of the Communications Act of 1934,
as amended.
Total Annual Burden: 54,000 hours.
Total Annual Cost: $591,840.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: The
Commission prepared a system of
records notice (SORN), FCC/MB–2,
‘‘Broadcast Station Public Inspection
Files,’’ that covers the PII contained in
the broadcast station public inspection
files located on the Commission’s Web
site. The Commission will revise
appropriate privacy requirements as
necessary to include any entities and
information added to the online public
file in this proceeding.
Needs and Uses: The Commission
revised this collection to reflect the
Commission’s adoption of a Report and
Order (‘‘R&O’’) in MB Docket No. 14–
127, FCC 16–4, In the Matter of
Expansion of Online Public File
Obligations to Cable and Satellite TV
Operators and Broadcast and Satellite
Radio Licensees, adopted on January 28,
2016. The R&O revised 47 CFR Sections
76.1700 and 76.1702(a).
The R&O expands to cable operators
the requirement that public inspection
files be posted to an FCC-hosted online
public file database. The Commission
stated that its goal is to make
information that these entities are
already required to make publicly
available more accessible while also
reducing costs both for the government
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33143
and the public sector. The Commission
took the same general approach to
transitioning cable operators to the
online file that it took with television
broadcasters in 2012, tailoring the
requirements as necessary to the
different services. The Commission also
took similar measures to minimize the
effort and cost entities must undertake
to move their public files online.
Specifically, the Commission required
cable operators to upload to the online
public file only documents that are not
already on file with the Commission or
that the Commission maintains in its
own database. The Commission also
exempted existing political file material
from the online file requirement and
required that political file documents be
uploaded only on a going-forward basis.
Section 76.1700 addresses the records
to be maintained by cable system
operators. The R&O revised Section
76.1700 to require that cable operators
maintain their public inspection file
online on the Web site hosted by the
FCC. In addition, the Commission
reorganized Section 76.1700 to more
clearly address which records must be
maintained in the public inspection file
versus those that must be made
available to the Commission or
franchising authority upon request.
Among other changes, the Commission
clarified that proof-of-performance test
data and signal leakage logs and repair
data must be made available only to the
Commission and, in the case of proofof-performance test data, also to the
franchisor, and not to the public.
Accordingly, this information is not
required to be included in the public
inspection file or in the online public
inspection file.
The Commission phased-in the
requirement to commence uploading
political file documents to the online
file for smaller cable systems and
exempted cable systems with fewer than
1,000 subscribers from all online public
file requirements. The R&O also made
several minor additional changes to the
existing cable public file requirements—
it requires operators, when first
establishing their online public file, to
provide a list of the zip codes served by
the system and requires them to identify
the employment unit(s) associated with
the system. The R&O also requires cable
systems to provide the contact
information for their local file. In
addition, each cable system must place
the address of its local public file in the
Commission’s online file unless the
system has fully transitioned to the
FCC’s online public file (i.e., posts to the
Commission’s online public file all
public and political file material
required to be maintained in the public
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Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations
inspection file) and also provides online
access via the system’s own Web site to
back-up political file material in the
event the online file becomes
temporarily unavailable.
Apart from these minor exceptions,
the R&O does not adopt new or
modified public inspection file
requirements. The Commission’s goal
was simply to adapt the existing cable
public file requirements to an online
format.
47 CFR 76.1700 requires cable system
operators to place the public inspection
file materials required to be retained by
the following rules in the online public
file hosted by the Commission, with the
exception of existing political file
material which cable systems may
continue to retain in their local public
file until the end of the retention period:
76.1701 (political file), 76.1702 (EEO),
76.1703 (commercial records for
children’s programming), 76.1705
(performance tests—channels
delivered); 76.1707 (leased access); and
76.1709 (availability of signals), 76.1710
(operator interests in video
programming), 76.1715 (sponsorship
identification), and 76.630
(compatibility with consumer
electronics equipment). Cable systems
with fewer than 5,000 subscribers may
continue to retain their political file
locally and are not required to upload
new political file material to the online
public file until March 1, 2018. In
addition, cable systems may elect to
retain the material required by 76.1708
(principal headend) locally rather than
placing this material in the online
public file.
47 CFR 76.1700(b) requires cable
system operators to make the records
required to be retained by the following
rules available to local franchising
authorities: 76.1704 (proof-ofperformance test data) and 76.1713
(complaint resolution).
47 CFR 76.1700(c) requires cable
system operators to make the records
required to be retained by the following
rules available to the Commission:
76.1704 (proof-of-performance test
data), 76.1706 (signal leakage logs and
repair records), 76.1711 (emergency
alert system and activations), 76.1713
(complaint resolution), and 76.1716
(subscriber records).
47 CFR 76.1700(d) exempts cable
television systems having fewer than
1,000 subscribers from the online public
file and the public inspection
requirements contained in 47 CFR
76.1701 (political file); 76.1702 (equal
employment opportunity); 76.1703
(commercial records for children’s
programming); 76.1704 (proof-ofperformance test data); 76.1706 (signal
VerDate Sep<11>2014
14:51 May 24, 2016
Jkt 238001
leakage logs and repair records); and
76.1715 (sponsorship identifications).
47 CFR 76.1700(e) requires that public
file material that continues to be
retained at the system be retained in a
public inspection file maintained at the
office which the system operator
maintains for the ordinary collection of
subscriber charges, resolution of
subscriber complaints, and other
business or at any accessible place in
the community served by the system
unit(s) (such as a public registry for
documents or an attorney’s office).
Public files must be available for public
inspection during regular business
hours.
47 CFR 76.1700(f) requires cable
systems to provide a link to the public
inspection file hosted on the
Commission’s Web site from the home
page of its own Web site, if the system
has a Web site, and provide contact
information on its Web site for a system
representative who can assist any
person with disabilities with issues
related to the content of the public files.
A system also is required to include in
the online public file the address of the
system’s local public file, if the system
retains documents in the local file that
are not available in the Commission’s
online file, and the name, phone
number, and email address of the
system’s designated contact for
questions about the public file. In
addition, a system must provide on the
online public file a list of the five digit
ZIP codes served by the system.
47 CFR 76.1700(g) requires that cable
operators make any material in the
public inspection file that is not also
available in the Commission’s online
file available for machine reproduction
upon request made in person, provided
the requesting party shall pay the
reasonable cost of reproduction.
Requests for machine copies must be
fulfilled at a location specified by the
system operator, within a reasonable
period of time, which in no event shall
be longer than seven days. The system
operator is not required to honor
requests made by mail but may do so if
it chooses.
47 CFR 76.1702(a) requires that every
employment unit with six or more fulltime employees shall maintain for
public inspection a file containing
copies of all EEO program annual
reports filed with the Commission and
the equal employment opportunity
program information described in 47
CFR 76.1702(b). These materials shall be
placed in the Commission’s online
public inspection file for each cable
system associated with the employment
unit. These materials must be placed in
the Commission’s online public
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
inspection file annually by the date that
the unit’s EEO program annual report is
due to be filed and shall be retained for
a period of five years. A headquarters
employment unit file and a file
containing a consolidated set of all
documents pertaining to the other
employment units of a multichannel
video programming distributor that
operates multiple units shall be
maintained in the Commission’s online
public file for every cable system
associated with the headquarters
employment unit.
Special note—The information
collection requirements contained in 47
CFR 76.630 was approved by the OMB
on March 21, 2016 under a nonsubstantive change submission. The
OMB control number is 3060–0667.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2016–11693 Filed 5–24–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No FMCSA–2015–0372]
49 CFR Part 372
RIN 2126–AB86
Commercial Zones at International
Border With Mexico
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA finalizes the interim
final rule (IFR) published on February
24, 2016, in the Federal Register
expanding the commercial zone for the
City of El Paso, TX. The commercial
zone now includes the new TornilloGuadalupe international bridge and port
of entry on the border with Mexico. The
Agency sought, but did not receive,
public comments regarding what should
constitute the eastern boundary of
FMCSA’s commercial zone for the City
of El Paso, TX. Therefore, FMCSA is
adopting the commercial zone as
defined in the February 24, 2016, IFR.
DATES: Effective May 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Bryan Price, Chief, North American
Borders Division, FMCSA, 1200 New
Jersey Avenue SE., Washington, DC
20590–0001. Telephone (202) 680–4831;
email bryan.price@dot.gov. If you have
questions on viewing or submitting
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33140-33144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11693]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 25, 73, and 76
[MB Docket No. 14-127; FCC 16-4]
Expanded Online Public Inspection File Obligations to Cable and
Satellite TV Operators and Broadcast and Satellite Radio Licensees
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection associated with the Commission's Report and
Order, Expansion of Online Public File Obligations To Cable and
Satellite TV Operators and Broadcast and Satellite Radio Licensees.
This document is consistent with the Report and Order, which stated
that the Commission would publish a document in the Federal Register
announcing OMB approval and the effective date of the rules.
DATES: The amendments to 47 CFR 25.701(d), (d)(2), (d)(3), (e)(3), and
(f)(6), 25.702, 73.1943(d), 73.3526(b)(1) through (3), 73.3527(b)(1)
and (2), 76.630, 76.1700, and 76.1702(a), published at 81 FR 10105,
February 29, 2016, are effective June 24, 2016.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Cathy Williams, Cathy.Williams@fcc.gov, (202) 418-2918.
SUPPLEMENTARY INFORMATION: This document announces that, on May 4,
2016, OMB approved the information collection requirements contained in
the Commission's Report and Order, FCC 16-4, published at 81 FR 10105,
February 29, 2016. The OMB Control Numbers are 3060-1207, 3060-0214,
and 3060-0316. The Commission publishes this notice as an announcement
of the effective date of the rules. If you have any comments on
[[Page 33141]]
the burden estimates listed below, or how the Commission can improve
the collections and reduce any burdens caused thereby, please contact
Cathy Williams, Federal Communications Commission, Room 1-C823, 445
12th Street SW., Washington, DC 20554. Please include the OMB Control
Numbers, 3060-1207, 3060-0214, and 3060-0316, in your correspondence.
The Commission will also accept your comments via the Internet if you
send them to PRA@fcc.gov. To request materials in accessible formats
for people with disabilities (Braille, large print, electronic files,
audio format), send an email to fcc504@fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
May 4, 2016, for the new information collection requirements contained
in the Commission's rules at 47 CFR 25.701(d), (d)(2), (d)(3), (e)(3)
and (f)(6), 25.702, 73.1943(d), 73.3526(b)(1)-(3), 73.3527(b)(1) and
(2), 76.630, 76.1700 and 76.1702(a). Under 5 CFR 1320, an agency may
not conduct or sponsor a collection of information unless it displays a
current, valid OMB Control Number. No person shall be subject to any
penalty for failing to comply with a collection of information subject
to the Paperwork Reduction Act that does not display a current, valid
OMB Control Number. The OMB Control Numbers are 3060-1207, 3060-0214,
and 3060-0316.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1207.
OMB Approval Date: May 4, 2016.
OMB Expiration Date: May 31, 2019.
Title: Section 25.701, Other DBS Public Interest Obligations, and
25.702, Other SDARS Public Interest Obligations.
Form Number: N/A.
Type of Review: New collection.
Respondents: Business and other for-profit entities.
Number of Respondents and Responses: 3 respondents; 3 responses.
Estimated Time per Response: 18 hours.
Frequency of Response: Recordkeeping requirement; on occasion
reporting requirement; Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority which covers this information collection is
contained in Sections 154, 301, 302, 303, 307, 309, 319, 332, 605, and
721 of the Communications Act of 1934, as amended.
Total Annual Burden: 54 hours.
Total Annual Cost: $592.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: The Commission prepared a system of
records notice (SORN), FCC/MB-2, ``Broadcast Station Public Inspection
Files,'' that covers the PII contained in the broadcast station public
inspection files located on the Commission's Web site. The Commission
will revise appropriate privacy requirements as necessary to include
any entities and information added to the online public file in this
proceeding.
Needs and Uses: In 2012, the Commission replaced the decades-old
requirement that commercial and noncommercial television stations
maintain public files at their main studios with a requirement to post
most of the documents in those files to a central, online public file
hosted by the Commission. On January 28, 2016, the Commission adopted a
Report and Order (``R&O'') in MB Docket No. 14-127, FCC 16-4, In the
Matter of Expansion of Online Public File Obligations to Cable and
Satellite TV Operators and Broadcast and Satellite Radio Licensees,
expanding the requirement that public inspection files be posted to the
FCC-hosted online public file database to satellite TV (also referred
to as ``Direct Broadcast Satellite'' or ``DBS'') providers and to
satellite radio (also referred to as ``satellite Digital Audio Radio
Services'' or ``SDARS'') licensees, among other entities. The
Commission stated that its goal is to make information that these
entities are already required to make publicly available more
accessible while also reducing costs both for the government and the
public sector. The Commission took the same general approach to
transitioning these entities to the online file that it took with
television broadcasters in 2012, tailoring the requirements as
necessary to the different services. The Commission also took similar
measures to minimize the effort and cost entities must undertake to
move their public files online. Specifically, the Commission required
entities to upload to the online public file only documents that are
not already on file with the Commission or that the Commission
maintains in its own database. The Commission also exempted existing
political file material from the online file requirement and required
that political file documents be uploaded only on a going-forward
basis.
The Commission first adopted a public inspection file requirement
for broadcasters more than 40 years ago. The public file requirement
grew out of Congress' 1960 amendment of Sections 309 and 311 of the
Communications Act of 1934. Finding that Congress, in enacting these
provisions, was guarding ``the right of the general public to be
informed, not merely the rights of those who have special interests,''
the Commission adopted the public inspection file requirement to ``make
information to which the public already has a right more readily
available, so that the public will be encouraged to play a more active
part in dialogue with broadcast licensees.'' The information provided
in the public file enables citizens to engage in an informed dialog
with their local video provider or to file complaints regarding
provider operations. Satellite TV (also known as ``Direct Broadcast
Satellite'' or ``DBS'') providers and satellite radio (also referred to
as ``Satellite Digital Audio Radio Services'' or ``SDARS'') licensees
have public and political file requirements modeled, in large part, on
the longstanding broadcast requirements. With respect to DBS providers,
the Commission adopted public and political inspection file
requirements in 1998 in conjunction with the imposition of certain
public interest obligations, including political broadcasting
requirements, on those entities. DBS providers were required to ``abide
by political file obligations similar to those requirements placed on
terrestrial broadcasters and cable systems'' and were also required to
maintain a public file with records relating to other DBS public
interest obligations. The Commission imposed equal employment
opportunity and political broadcast requirements on SDARS licensees in
1997, noting that the rationale behind imposing these requirements on
broadcasters also applies to satellite radio.
47 CFR 25.701(d) requires each DBS provider to keep and permit
public inspection of a complete and orderly record (political file) of
all requests for DBS origination time made by or on behalf of
candidates for public office, together with an appropriate notation
showing the disposition made by the provider of such requests, and the
charges made, if any, if the request is granted. The disposition
includes the schedule of time purchased, when the spots actually aired,
the rates charged, and the classes of time purchased. Also,
[[Page 33142]]
when free time is provided for use by or on behalf of candidates, a
record of the free time provided is to be placed in the political file.
All records required to be retained by this section must be placed in
the political file as soon as possible and retained for a period of two
years. DBS providers must make available, by fax, email, or by mail
upon telephone request, copies of documents in their political files
and assist callers by answering questions about the contents of their
political files. If a requester prefers access by mail, the DBS
provider must pay for postage but may require individuals requesting
documents to pay for photocopying. If a DBS provider places its
political file on its Web site, it may refer the public to the Web site
in lieu of mailing copies.
Any material required to be maintained in the political file must
be made available to the public by either mailing or Web site access or
both.
The R&O changes 47 CFR 25.701(d) to require DBS providers to place
all new political file material required to be retained by this section
in the online file hosted by the Commission. The R&O also eliminates
the requirement that DBS providers honor requests by telephone for
copies of political file materials if those materials are made
available online.
47 CFR 25.701(f)(6) requires each DBS provider to maintain a public
file containing a complete and orderly record of quarterly measurements
of: Channel capacity and yearly average calculations on which it bases
its four percent reservation, as well as its responses to any capacity
changes; a record of entities to whom noncommercial capacity is being
provided, the amount of capacity being provided to each entity, the
conditions under which it is being provided and the rates, if any,
being paid by the entity; and a record of entities that have requested
capacity, disposition of those requests and reasons for the
disposition. All records required by this provision must be placed in a
file available to the public as soon as possible and be retained for a
period of two years.
The R&O changes 47 CFR 25.701(f)(6) to require DBS providers to
place all public file material required to be retained by this section
in the online file hosted by the Commission. The R&O also requires that
each DBS provider place in the online file the records required to be
placed in the public inspection file by 47 CFR 25.701(e)(commercial
limits in children's programs) and by 47 CFR 25.601 and Part 76,
Subpart E (equal employment opportunity requirements) and retain those
records for the period required by those rules. In addition, the R&O
requires each DBS provider to provide a link to the public inspection
file hosted on the Commission's Web site from the home page of its own
Web site, if the provider has a Web site, and provide on its Web site
contact information for a representative who can assist any person with
disabilities with issues related to the content of the public files.
Each DBS provider is also required to include in the online public file
the name, phone number, and email address of the licensee's designated
contact for questions about the public file. In addition, each DBS
provider must place the address of the provider's local public file in
the Commission's online file unless the provider has fully transitioned
to the FCC's online public file (e.g., posts to the FCC's online file
database all public and political file material required to be
maintained in the public inspection file) and also provides online
access via the provider's own Web site to back-up political file
material in the event the online file becomes temporarily unavailable.
47 CFR 25.702. The R&O adds this new rule. New 47 CFR 25.702(b)
requires each SDARS licensee to maintain a complete and orderly record
(political file) of all requests for SDARS origination time made by or
on behalf of candidates for public office, together with the
disposition made by the provider of such requests, and the charges
made, if any, if the request is granted. The disposition must include
the schedule of time purchased, when the spots actually aired, the
rates charged, and the classes of time purchased. Also, when free time
is provided for use by or on behalf of candidates, a record of the free
time provided is to be placed in the political file. SDARS licensees
are required to place all records required by this section in the
political file as soon as possible and retain the record for a period
of two years.
New 47 CFR 25.702(c) requires each SDARS applicant or licensee to
place in the online file hosted by the Commission the records required
to be placed in the public inspection file by 47 CFR 25.601 and 73.2080
(equal employment opportunities) and to retain those records for the
period required by those rules. Each SDARS licensee must provide a link
to the public inspection file hosted on the Commission's Web site from
the home page of its own Web site, if the licensee has a Web site, and
provide on its Web site contact information for a representative who
can assist any person with disabilities with issues related to the
content of the public files. Each SDARS licensee is also required to
include in the online public file the name, phone number, and email
address of the licensee's designated contact for questions about the
public file. In addition, each SDARS licensee must place the address of
the provider's local public file in the Commission's online file unless
the provider has fully transitioned to the FCC's online public file
(i.e., posts to the Commission's online public file all public and
political file material required to be maintained in the public
inspection file) and also provides online access via the licensee's own
Web site to back-up political file material in the event the online
file becomes temporarily unavailable.
OMB Control Number: 3060-0214.
OMB Approval Date: May 4, 2016.
OMB Expiration Date: May 31, 2019.
Title: Sections 73.3526 and 73.3527, Local Public Inspection File,
Sections 73.1212, 76.1701 and 73.1943, Political Files.
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not for profit
institutions; State, Local or Tribal government; Individuals or
households.
Number of Respondents and Responses: 24,962 respondents; 64,374
responses.
Estimated Time per Response: 1-52 hours.
Frequency of Response: Recordkeeping requirement; on occasion
reporting requirements; Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Sections 151, 152, 154(i), 303, 307 and 308 of the Communications Act
of 1934, as amended.
Total Annual Burden: 2,093,149 hours.
Total Annual Cost: $3,653,372.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: The Commission prepared a system of
records notice (SORN), FCC/MB-2, ``Broadcast Station Public Inspection
Files,'' that covers the PII contained in the broadcast station public
inspection files located on the Commission's Web site. The Commission
will revise appropriate privacy requirements as necessary to include
any entities and information added to the online public file in this
proceeding.
Needs and Uses: In 2012, the Commission replaced the decades-old
[[Page 33143]]
requirement that commercial and noncommercial television stations
maintain public files at their main studios with a requirement to post
most of the documents in those files to a central, online public file
hosted by the Commission. On January 28, 2016, the Commission adopted a
Report and Order (``R&O'') in MB Docket No. 14-127, FCC 16-4, In the
Matter of Expansion of Online Public File Obligations to Cable and
Satellite TV Operators and Broadcast and Satellite Radio Licensees. The
R&O expands the requirement that public inspection files be posted to
an FCC-hosted online public file database to cable operators, satellite
TV (also referred to as ``Direct Broadcast Satellite'' or ``DBS'')
providers, broadcast radio licensees, and satellite radio (also
referred to as ``Satellite Digital Audio Radio Services'' or ``SDARS'')
licensees. The Commission stated that its goal is to make information
that these entities are already required to make publicly available
more accessible while also reducing costs both for the government and
the public sector. The Commission took the same general approach to
transitioning these entities to the online file that it took with
television broadcasters in 2012, tailoring the requirements as
necessary to the different services. The Commission also took similar
measures to minimize the effort and cost entities must undertake to
move their public files online. Specifically, the Commission required
entities to upload to the online public file only documents that are
not already on file with the Commission or that the Commission
maintains in its own database. The Commission also exempted existing
political file material from the online file requirement and required
that political file documents be uploaded only on a going-forward
basis.
With respect to broadcast radio licensees, the Commission commenced
the transition to an online file with commercial stations in larger
markets with five or more full-time employees, while postponing
temporarily all online file requirements for other radio stations. The
R&O also requires stations to provide information to the online file
regarding the location of the station's main studio.
With respect to cable operator public file requirements, the R&O
phased-in the requirement to commence uploading political file
documents to the online file for smaller cable systems and exempted
cable systems with fewer than 1,000 subscribers from all online public
file requirements.
OMB Control Number: 3060-0316.
OMB Approval Date: May 4, 2016.
OMB Expiration Date: May 31, 2019.
Title: 47 CFR Sections 76.1700, Records to be maintained locally by
Cable System Operators; 76.1702, Equal Employment Opportunity; 76.1703,
Commercial Records on Children's Programs; 76.1707, Leased Access;
76.1711, Emergency Alert System (EAS) Tests and Activation.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business and other for-profit entities.
Number of Respondents and Responses: 3,000 respondents; 3,000
responses.
Estimated Time per Response: 18 hours.
Frequency of Response: Recordkeeping requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Sections 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309,
312, 315, 317, 325, 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, and 573 of the Communications Act of 1934, as amended.
Total Annual Burden: 54,000 hours.
Total Annual Cost: $591,840.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment: The Commission prepared a system of
records notice (SORN), FCC/MB-2, ``Broadcast Station Public Inspection
Files,'' that covers the PII contained in the broadcast station public
inspection files located on the Commission's Web site. The Commission
will revise appropriate privacy requirements as necessary to include
any entities and information added to the online public file in this
proceeding.
Needs and Uses: The Commission revised this collection to reflect
the Commission's adoption of a Report and Order (``R&O'') in MB Docket
No. 14-127, FCC 16-4, In the Matter of Expansion of Online Public File
Obligations to Cable and Satellite TV Operators and Broadcast and
Satellite Radio Licensees, adopted on January 28, 2016. The R&O revised
47 CFR Sections 76.1700 and 76.1702(a).
The R&O expands to cable operators the requirement that public
inspection files be posted to an FCC-hosted online public file
database. The Commission stated that its goal is to make information
that these entities are already required to make publicly available
more accessible while also reducing costs both for the government and
the public sector. The Commission took the same general approach to
transitioning cable operators to the online file that it took with
television broadcasters in 2012, tailoring the requirements as
necessary to the different services. The Commission also took similar
measures to minimize the effort and cost entities must undertake to
move their public files online. Specifically, the Commission required
cable operators to upload to the online public file only documents that
are not already on file with the Commission or that the Commission
maintains in its own database. The Commission also exempted existing
political file material from the online file requirement and required
that political file documents be uploaded only on a going-forward
basis.
Section 76.1700 addresses the records to be maintained by cable
system operators. The R&O revised Section 76.1700 to require that cable
operators maintain their public inspection file online on the Web site
hosted by the FCC. In addition, the Commission reorganized Section
76.1700 to more clearly address which records must be maintained in the
public inspection file versus those that must be made available to the
Commission or franchising authority upon request. Among other changes,
the Commission clarified that proof-of-performance test data and signal
leakage logs and repair data must be made available only to the
Commission and, in the case of proof-of-performance test data, also to
the franchisor, and not to the public. Accordingly, this information is
not required to be included in the public inspection file or in the
online public inspection file.
The Commission phased-in the requirement to commence uploading
political file documents to the online file for smaller cable systems
and exempted cable systems with fewer than 1,000 subscribers from all
online public file requirements. The R&O also made several minor
additional changes to the existing cable public file requirements--it
requires operators, when first establishing their online public file,
to provide a list of the zip codes served by the system and requires
them to identify the employment unit(s) associated with the system. The
R&O also requires cable systems to provide the contact information for
their local file. In addition, each cable system must place the address
of its local public file in the Commission's online file unless the
system has fully transitioned to the FCC's online public file (i.e.,
posts to the Commission's online public file all public and political
file material required to be maintained in the public
[[Page 33144]]
inspection file) and also provides online access via the system's own
Web site to back-up political file material in the event the online
file becomes temporarily unavailable.
Apart from these minor exceptions, the R&O does not adopt new or
modified public inspection file requirements. The Commission's goal was
simply to adapt the existing cable public file requirements to an
online format.
47 CFR 76.1700 requires cable system operators to place the public
inspection file materials required to be retained by the following
rules in the online public file hosted by the Commission, with the
exception of existing political file material which cable systems may
continue to retain in their local public file until the end of the
retention period: 76.1701 (political file), 76.1702 (EEO), 76.1703
(commercial records for children's programming), 76.1705 (performance
tests--channels delivered); 76.1707 (leased access); and 76.1709
(availability of signals), 76.1710 (operator interests in video
programming), 76.1715 (sponsorship identification), and 76.630
(compatibility with consumer electronics equipment). Cable systems with
fewer than 5,000 subscribers may continue to retain their political
file locally and are not required to upload new political file material
to the online public file until March 1, 2018. In addition, cable
systems may elect to retain the material required by 76.1708 (principal
headend) locally rather than placing this material in the online public
file.
47 CFR 76.1700(b) requires cable system operators to make the
records required to be retained by the following rules available to
local franchising authorities: 76.1704 (proof-of-performance test data)
and 76.1713 (complaint resolution).
47 CFR 76.1700(c) requires cable system operators to make the
records required to be retained by the following rules available to the
Commission: 76.1704 (proof-of-performance test data), 76.1706 (signal
leakage logs and repair records), 76.1711 (emergency alert system and
activations), 76.1713 (complaint resolution), and 76.1716 (subscriber
records).
47 CFR 76.1700(d) exempts cable television systems having fewer
than 1,000 subscribers from the online public file and the public
inspection requirements contained in 47 CFR 76.1701 (political file);
76.1702 (equal employment opportunity); 76.1703 (commercial records for
children's programming); 76.1704 (proof-of-performance test data);
76.1706 (signal leakage logs and repair records); and 76.1715
(sponsorship identifications).
47 CFR 76.1700(e) requires that public file material that continues
to be retained at the system be retained in a public inspection file
maintained at the office which the system operator maintains for the
ordinary collection of subscriber charges, resolution of subscriber
complaints, and other business or at any accessible place in the
community served by the system unit(s) (such as a public registry for
documents or an attorney's office). Public files must be available for
public inspection during regular business hours.
47 CFR 76.1700(f) requires cable systems to provide a link to the
public inspection file hosted on the Commission's Web site from the
home page of its own Web site, if the system has a Web site, and
provide contact information on its Web site for a system representative
who can assist any person with disabilities with issues related to the
content of the public files. A system also is required to include in
the online public file the address of the system's local public file,
if the system retains documents in the local file that are not
available in the Commission's online file, and the name, phone number,
and email address of the system's designated contact for questions
about the public file. In addition, a system must provide on the online
public file a list of the five digit ZIP codes served by the system.
47 CFR 76.1700(g) requires that cable operators make any material
in the public inspection file that is not also available in the
Commission's online file available for machine reproduction upon
request made in person, provided the requesting party shall pay the
reasonable cost of reproduction. Requests for machine copies must be
fulfilled at a location specified by the system operator, within a
reasonable period of time, which in no event shall be longer than seven
days. The system operator is not required to honor requests made by
mail but may do so if it chooses.
47 CFR 76.1702(a) requires that every employment unit with six or
more full-time employees shall maintain for public inspection a file
containing copies of all EEO program annual reports filed with the
Commission and the equal employment opportunity program information
described in 47 CFR 76.1702(b). These materials shall be placed in the
Commission's online public inspection file for each cable system
associated with the employment unit. These materials must be placed in
the Commission's online public inspection file annually by the date
that the unit's EEO program annual report is due to be filed and shall
be retained for a period of five years. A headquarters employment unit
file and a file containing a consolidated set of all documents
pertaining to the other employment units of a multichannel video
programming distributor that operates multiple units shall be
maintained in the Commission's online public file for every cable
system associated with the headquarters employment unit.
Special note--The information collection requirements contained in
47 CFR 76.630 was approved by the OMB on March 21, 2016 under a non-
substantive change submission. The OMB control number is 3060-0667.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-11693 Filed 5-24-16; 8:45 am]
BILLING CODE 6712-01-P
