Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested, 26988-26990 [E8-10519]
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26988
Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices
Advisory Committee Web site at
https://www.epa.gov/oar/caaac/.
Inspection of Committee Documents:
The Committee agenda and any
documents prepared for the meeting
will be publicly available at the
meeting. Thereafter, these documents,
together with CAAAC meeting minutes,
will be available by contacting the
Office of Air and Radiation Docket and
requesting information under docket
OAR–2004–0075. The Docket office can
be reached by telephoning 202–260–
7548; FAX 202–260–4400.
FOR FURTHER INFORMATION CONTACT:
Concerning the CAAAC, please contact
Pat Childers, Office of Air and
Radiation, U.S. EPA (202) 564–1082,
FAX (202) 564–1352 or by mail at U.S.
EPA, Office of Air and Radiation (Mail
code 6102 A), 1200 Pennsylvania
Avenue, NW., Washington, DC 20004.
For information on the Subcommittees,
please contact the following
individuals: (1) Permits/NSR/Toxics
Integration—Liz Naess, (919) 541–1892;
(2) Economic Incentives and Regulatory
Innovations—Carey Fitzmaurice, (202)
564–1667; and (3) Mobile Source
Technical Review—John Guy, (202)
343–9276. Additional Information on
these meetings, CAAAC, and its
Subcommittees can be found on the
CAAAC Web site: https://www.epa.gov/
oar/caaac/.
For information on access or services
for individuals with disabilities, please
contact Mr. Pat Childers at (202) 564–
1082 or childers.pat@epa.gov. To
request accommodation of a disability,
please contact Mr. Childers, preferably
at least 10 days prior to the meeting, to
give EPA as much time as possible to
process your request.
Dated: May 5, 2008.
Pat Childers,
Designated Federal Official, Clean Air Act
Advisory Committee, Office of Air and
Radiation.
[FR Doc. E8–10508 Filed 5–9–08; 8:45 am]
SUMMARY: In accordance with Section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended by the Superfund
Amendments and Reauthorization
Action (‘‘CERCLA’’), 42 U.S.C. Section
9622(i), notice is hereby given of an
proposed Administrative Order on
Consent (‘‘AOC,’’ Region 9 Docket No.
2008–0005) pursuant to Section 122(h)
of CERCLA concerning the Anaconda
Copper Mine Superfund Site (the
‘‘Site’’), located in Yerington, Nevada.
The respondent to the AOC is Atlantic
Richfield Company, a former owner and
operator of the Site. Through the
proposed AOC, Atlantic Richfield
Company agrees to reimburse
$2,770,440 for incurred response costs
through May 2007, and to provide a
technical assistance program for the
community around the Site. The AOC
provides Atlantic Richfield Company
with a covenant not to sue and
contribution protection for matters
addressed in the AOC. The Site
presently is within the remedial
investigation stage, and EPA anticipates
resolving its present and future response
costs by subsequent agreements. For
thirty (30) days following the date of
publication of this Notice, the Agency
will receive written comments relating
to the proposed AOC. The Agency’s
response to any comments received will
be available for public inspection at
EPA’s Region IX offices, located at 75
Hawthorne Street, San Francisco,
California 94105.
Comments must be submitted on
or before June 11, 2008.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
The proposed AOC may be
obtained from Danielle Carr, Hearing
Clerk, telephone (415) 972–3871.
Comments regarding the proposed AOC
should be addressed to Danielle Carr
(ORC–3) at 75 Hawthorne Street, San
Francisco, California 94105, and should
reference the PRC Patterson Superfund
Removal Site, and Region IX Docket No.
2008–0005.
[FRL–8564–6]
FOR FURTHER INFORMATION CONTACT:
ADDRESSES:
rwilkins on PROD1PC63 with NOTICES
BILLING CODE 6560–50–P
Notice of Proposed Administrative
Settlement Pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act, as Amended by the Superfund
Amendments and Reauthorization Act
Environmental Protection
Agency (EPA).
ACTION: Notice, request for public
comments.
AGENCY:
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J.
Andrew Helmlinger, Office of Regional
Counsel, (415) 972–3904, U.S.
Environmental Protection Agency,
Region 9, 75 Hawthorne Street, San
Francisco, CA 94105.
Dated: April 28, 2008.
Keith A. Takata,
Director, Superfund Division.
[FR Doc. E8–10509 Filed 5–9–08; 8:45 am]
BILLING CODE 6560–50–P
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FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
May 6, 2008.
SUMMARY: As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to comment
on the following information
collection(s). Comments are requested
concerning (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimate; (c) ways
to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently 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 valid OMB control number.
DATES: Written PRA comments should
be submitted on or before July 11, 2008.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: You may submit all PRA
comments by e-mail or U.S. post mail.
To submit your comments by e-mail,
send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them
to the attention of Cathy Williams,
Federal Communications Commission,
Room 1–C823, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s), contact Cathy
Williams at (202) 418–2918 or send an
e-mail to PRA@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0980.
Title: 47 CFR Section 76.66,
Implementation of the Satellite Home
Viewer Improvement Act of 1999: Local
E:\FR\FM\12MYN1.SGM
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rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices
Broadcast Signal Carriage Issues and
Retransmission Consent Issues.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business and other forprofit entities.
Number of Respondents/Responses:
7,372 respondents; 11,938 responses.
Estimated Hours per Response: 1 to 5
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement; Every three
years reporting requirement.
Total Annual Burden: 12,146 hours.
Total Annual Cost: $16,000.
Nature of Response: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in the Satellite
Home Viewer Extension and
Reauthorization Act of 2004, Public Law
No. 108–447, Sections 202, 205, 209,
210, 118 Stat. 2809 (2004); 47 CFR
Sections 325, 338, 339, and 340.
Confidentiality: No need for
confidentiality required.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: On March 27, 2008
the Commission released a Second
Report and Order, Memorandum
Opinion and Order, and Second Further
Notice of Proposed Rulemaking Carriage
of Digital Television Broadcast Signals:
Amendment to Part 76 of the
Commission’s Rules; Implementation of
the Satellite Home Viewer Improvement
Act of 1999: Local Broadcast Signal
Carriage Issues and Retransmission
Consent Issues, FCC 08–86, CS Docket
00–96. We amend the rules to require
satellite carriers to carry digital-only
stations upon request in markets in
which they are providing any local-intolocal service pursuant to the statutory
copyright license, and to require
carriage of all high definition (‘‘HD’’)
signals in a market in which any
station’s signals are carried in HD. The
latter requirement will be phased-in
over a four year period. The final rule
imposes the following requirements:
47 CFR 76.66(b)(1) states each satellite
carrier providing, under section 122 of
title 17, United States Code, secondary
transmissions to subscribers located
within the local market of a television
broadcast station of a primary
transmission made by that station, shall
carry upon request the signals of all
television broadcast stations located
within that local market, subject to
section 325(b) of title 47, United States
Code, and other paragraphs in this
section. Satellite carriers are required to
carry digital-only stations upon request
in markets in which the satellite carrier
VerDate Aug<31>2005
17:54 May 09, 2008
Jkt 214001
is providing any local-into-local service
pursuant to the statutory copyright
license.
47 CFR 76.66(d)(2)(vi) requires
satellite carriers to notify all local
stations in a market of their intent to
launch HD carry-one, carry-all in that
market at least 60 days before
commencing such carriage.
Non-rule requirement: Satellite
carriers must immediately commence
carriage of the digital signal of a
television station that ceases analog
broadcasting prior to the February 17,
2009 transition deadline provided that
the broadcaster notifies the satellite
carrier on or before October 1, 2008 of
the date on which they anticipate
termination of their analog signal.
The following information collections
requirements are also a part of this
information collection and have not
changed since last approved by OMB:
47 CFR 76.66(b)(2) requires a satellite
carrier that offers multichannel video
programming distribution service in the
United States to more than 5,000,000
subscribers shall, no later than
December 8, 2005, carry upon request
the signal originating as an analog signal
of each television broadcast station that
is located in a local market in Alaska or
Hawaii; and shall, no later than June 8,
2007, carry upon request the signals
originating as digital signals of each
television broadcast station that is
located in a local market in Alaska or
Hawaii. Such satellite carrier is not
required to carry the signal originating
as analog after commencing carriage of
digital signals on June 8, 2007. Carriage
of signals originating as digital signals of
each television broadcast station that is
located in a local market in Alaska or
Hawaii shall include the entire free
over-the-air signal, including multicast
and high definition digital signals.
47 CFR 76.66(c)(3) requires that a
commercial television station notify a
satellite carrier in writing whether it
elects to be carried pursuant to
retransmission consent or mandatory
consent in accordance with the
established election cycle.
47 CFR 76.66(c)(5) requires that a
noncommercial television station must
request carriage by notifying a satellite
carrier in writing in accordance with the
established election cycle.
47 CFR 76.66(c)(6) requires a
commercial television broadcast station
located in a local market in a
noncontiguous state to make its
retransmission consent-mandatory
carriage election by October 1, 2005, for
carriage of its signals that originate as
analog signals for carriage commencing
on December 8, 2005 and ending on
December 31, 2008, and by April 1,
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26989
2007 for its signals that originate as
digital signals for carriage commencing
on June 8, 2007 and ending on
December 31, 2008. For analog and
digital signal carriage cycles
commencing after December 31, 2008,
such stations shall follow the election
cycle in 47 CFR Section 76.66(c)(2) and
47 CFR Section 76.66(c)(4). A
noncommercial television broadcast
station located in a local market in
Alaska or Hawaii must request carriage
by October 1, 2005, for carriage of its
signals that originate as an analog signal
for carriage commencing on December
8, 2005 and ending on December 31,
2008, and by April 1, 2007 for its signals
that originate as digital signals for
carriage commencing on June 8, 2007
and ending on December 31, 2008.
Moreover, Section 76.66(c) requires a
commercial television station located in
a local market in a noncontiguous state
to provide notification to a satellite
carrier whether it elects to be carried
pursuant to retransmission consent or
mandatory consent.
47 CFR 76.66(d)(1)(ii) states an
election request made by a television
station must be in writing and sent to
the satellite carrier’s principal place of
business, by certified mail, return
receipt requested.
47 CFR 76.66(d)(1)(iii) states a
television station’s written notification
shall include the:
(A) Station’s call sign;
(B) Name of the appropriate station
contact person;
(C) Station’s address for purposes of
receiving official correspondence;
(D) Station’s community of license;
(E) Station’s DMA assignment; and
(F) For commercial television stations,
its election of mandatory carriage or
retransmission consent. 47 CFR
76.66(d)(1)(iv) states within 30 days of
receiving a television station’s carriage
request, a satellite carrier shall notify in
writing: (A) those local television
stations it will not carry, along with the
reasons for such a decision; and (B)
those local television stations it intends
to carry.
47 CFR 76.66(d)(2)(i) states a new
satellite carrier or a satellite carrier
providing local service in a market for
the first time after July 1, 2001, shall
inform each television broadcast station
licensee within any local market in
which a satellite carrier proposes to
commence carriage of signals of stations
from that market, not later than 60 days
prior to the commencement of such
carriage
(A) Of the carrier’s intention to launch
local-into-local service under this
section in a local market, the identity of
that local market, and the location of the
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rwilkins on PROD1PC63 with NOTICES
26990
Federal Register / Vol. 73, No. 92 / Monday, May 12, 2008 / Notices
carrier’s proposed local receive facility
for that local market;
(B) Of the right of such licensee to
elect carriage under this section or grant
retransmission consent under section
325(b);
(C) That such licensee has 30 days
from the date of the receipt of such
notice to make such election; and
(D) That failure to make such election
will result in the loss of the right to
demand carriage under this section for
the remainder of the 3-year cycle of
carriage under section 325.
47 CFR 76.66(d)(2)(ii) states satellite
carriers shall transmit the notices
required by paragraph (d)(2)(i) of this
section via certified mail to the address
for such television station licensee
listed in the consolidated database
system maintained by the Commission.
47 CFR 76.66(d)(2)(iii) requires a
satellite carrier with more than five
million subscribers to provide a notice
as required by 47 CFR 76.66(d)(2)(i) and
47 CFR 76.66(d)(2)(ii) to each television
broadcast station located in a local
market in a noncontiguous state, not
later than September 1, 2005 with
respect to analog signals and a notice
not later than April 1, 2007 with respect
to digital signals; provided, however,
that the notice shall also describe the
carriage requirements pursuant to
Section 338(a)(4) of Title 47, United
States Code, and 47 CFR 76.66(b)(2).
47 CFR 76.66(d)(2)(v) states within 30
days of receiving a local television
station’s election of mandatory carriage
in a new television market, a satellite
carrier shall notify in writing: Those
local television stations it will not carry,
along with the reasons for such
decision, and those local television
stations it intends to carry.
47 CFR 76.66(d)(3)(ii) states a new
television station shall make its election
request, in writing, sent to the satellite
carrier’s principal place of business by
certified mail, return receipt requested,
between 60 days prior to commencing
broadcasting and 30 days after
commencing broadcasting. This written
notification shall include the
information required by paragraph
(d)(1)(iii) of this section.
47 CFR 76.66(d)(3)(iv) states within
30 days of receiving a new television
station’s election of mandatory carriage,
a satellite carrier shall notify the station
in writing that it will not carry the
station, along with the reasons for such
decision, or that it intends to carry the
station.
47 CFR 76.66(d)(5)(i) states beginning
with the election cycle described in
§ 76.66(c)(2), the retransmission of
significantly viewed signals pursuant to
§ 76.54 by a satellite carrier that
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17:54 May 09, 2008
Jkt 214001
provides local-into-local service is
subject to providing the notifications to
stations in the market pursuant to
paragraphs (d)(5)(i)(A) and (B) of this
section, unless the satellite carrier was
retransmitting such signals as of the
date these notifications were due.
(A) In any local market in which a
satellite carrier provided local-into-local
service on December 8, 2004, at least 60
days prior to any date on which a
station must make an election under
paragraph (c) of this section, identify
each affiliate of the same television
network that the carrier reserves the
right to retransmit into that station’s
local market during the next election
cycle and the communities into which
the satellite carrier reserves the right to
make such retransmissions;
(B) In any local market in which a
satellite carrier commences local-intolocal service after December 8, 2004, at
least 60 days prior to the
commencement of service in that
market, and thereafter at least 60 days
prior to any date on which the station
must thereafter make an election under
§ 76.66(c) or (d)(2), identify each
affiliate of the same television network
that the carrier reserves the right to
retransmit into that station’s local
market during the next election cycle.
47 CFR 76.66(f)(3) states except as
provided in 76.66(d)(2), a satellite
carrier providing local-into-local service
must notify local television stations of
the location of the receive facility by
June 1, 2001 for the first election cycle
and at least 120 days prior to the
commencement of all election cycles
thereafter.
47 CFR 76.66(f)(4) states a satellite
carrier may relocate its local receive
facility at the commencement of each
election cycle. A satellite carrier is also
permitted to relocate its local receive
facility during the course of an election
cycle, if it bears the signal delivery costs
of the television stations affected by
such a move. A satellite carrier
relocating its local receive facility must
provide 60 days notice to all local
television stations carried in the affected
television market.
47 CFR 76.66(h)(5) states a satellite
carrier shall provide notice to its
subscribers, and to the affected
television station, whenever it adds or
deletes a station’s signal in a particular
local market pursuant to this paragraph.
47 CFR 76.66(m)(1) states whenever a
local television broadcast station
believes that a satellite carrier has failed
to meet its obligations under this
section, such station shall notify the
carrier, in writing, of the alleged failure
and identify its reasons for believing
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that the satellite carrier failed to comply
with such obligations.
47 CFR 76.66(m)(2) states the satellite
carrier shall, within 30 days after such
written notification, respond in writing
to such notification and comply with
such obligations or state its reasons for
believing that it is in compliance with
such obligations.
47 CFR 76.66(m)(3) states a local
television broadcast station that
disputes a response by a satellite carrier
that it is in compliance with such
obligations may obtain review of such
denial or response by filing a complaint
with the Commission, in accordance
with § 76.7 of title 47, Code of Federal
Regulations. Such complaint shall allege
the manner in which such satellite
carrier has failed to meet its obligations
and the basis for such allegations.
47 CFR 76.66(m)(4) states the satellite
carrier against which a complaint is
filed is permitted to present data and
arguments to establish that there has
been no failure to meet its obligations
under this section.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–10519 Filed 5–9–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
May 6, 2008.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995 (PRA), 44 U.S.C. Sections
3501–3520. An agency may not conduct
or sponsor a collection of information
unless it displays a current valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid
control number. Comments are
requested concerning: (a) Whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimate; (c)
ways to enhance the quality, utility, and
E:\FR\FM\12MYN1.SGM
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Agencies
[Federal Register Volume 73, Number 92 (Monday, May 12, 2008)]
[Notices]
[Pages 26988-26990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10519]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
May 6, 2008.
SUMMARY: As part of its continuing effort to reduce paperwork burden
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal Communications Commission invites the general
public and other Federal agencies to comment on the following
information collection(s). Comments are requested concerning (a)
whether the proposed collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimate; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology. An agency may not conduct or
sponsor a collection of information unless it displays a currently
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 valid OMB control
number.
DATES: Written PRA comments should be submitted on or before July 11,
2008. If you anticipate that you will be submitting comments, but find
it difficult to do so within the period of time allowed by this notice,
you should advise the contact listed below as soon as possible.
ADDRESSES: You may submit all PRA comments by e-mail or U.S. post mail.
To submit your comments by e-mail, send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them to the attention of Cathy
Williams, Federal Communications Commission, Room 1-C823, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection(s), contact Cathy Williams at (202) 418-2918 or
send an e-mail to PRA@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0980.
Title: 47 CFR Section 76.66, Implementation of the Satellite Home
Viewer Improvement Act of 1999: Local
[[Page 26989]]
Broadcast Signal Carriage Issues and Retransmission Consent Issues.
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Business and other for-profit entities.
Number of Respondents/Responses: 7,372 respondents; 11,938
responses.
Estimated Hours per Response: 1 to 5 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement; Every three years reporting requirement.
Total Annual Burden: 12,146 hours.
Total Annual Cost: $16,000.
Nature of Response: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
the Satellite Home Viewer Extension and Reauthorization Act of 2004,
Public Law No. 108-447, Sections 202, 205, 209, 210, 118 Stat. 2809
(2004); 47 CFR Sections 325, 338, 339, and 340.
Confidentiality: No need for confidentiality required.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: On March 27, 2008 the Commission released a Second
Report and Order, Memorandum Opinion and Order, and Second Further
Notice of Proposed Rulemaking Carriage of Digital Television Broadcast
Signals: Amendment to Part 76 of the Commission's Rules; Implementation
of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast
Signal Carriage Issues and Retransmission Consent Issues, FCC 08-86, CS
Docket 00-96. We amend the rules to require satellite carriers to carry
digital-only stations upon request in markets in which they are
providing any local-into-local service pursuant to the statutory
copyright license, and to require carriage of all high definition
(``HD'') signals in a market in which any station's signals are carried
in HD. The latter requirement will be phased-in over a four year
period. The final rule imposes the following requirements:
47 CFR 76.66(b)(1) states each satellite carrier providing, under
section 122 of title 17, United States Code, secondary transmissions to
subscribers located within the local market of a television broadcast
station of a primary transmission made by that station, shall carry
upon request the signals of all television broadcast stations located
within that local market, subject to section 325(b) of title 47, United
States Code, and other paragraphs in this section. Satellite carriers
are required to carry digital-only stations upon request in markets in
which the satellite carrier is providing any local-into-local service
pursuant to the statutory copyright license.
47 CFR 76.66(d)(2)(vi) requires satellite carriers to notify all
local stations in a market of their intent to launch HD carry-one,
carry-all in that market at least 60 days before commencing such
carriage.
Non-rule requirement: Satellite carriers must immediately commence
carriage of the digital signal of a television station that ceases
analog broadcasting prior to the February 17, 2009 transition deadline
provided that the broadcaster notifies the satellite carrier on or
before October 1, 2008 of the date on which they anticipate termination
of their analog signal.
The following information collections requirements are also a part
of this information collection and have not changed since last approved
by OMB:
47 CFR 76.66(b)(2) requires a satellite carrier that offers
multichannel video programming distribution service in the United
States to more than 5,000,000 subscribers shall, no later than December
8, 2005, carry upon request the signal originating as an analog signal
of each television broadcast station that is located in a local market
in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon
request the signals originating as digital signals of each television
broadcast station that is located in a local market in Alaska or
Hawaii. Such satellite carrier is not required to carry the signal
originating as analog after commencing carriage of digital signals on
June 8, 2007. Carriage of signals originating as digital signals of
each television broadcast station that is located in a local market in
Alaska or Hawaii shall include the entire free over-the-air signal,
including multicast and high definition digital signals.
47 CFR 76.66(c)(3) requires that a commercial television station
notify a satellite carrier in writing whether it elects to be carried
pursuant to retransmission consent or mandatory consent in accordance
with the established election cycle.
47 CFR 76.66(c)(5) requires that a noncommercial television station
must request carriage by notifying a satellite carrier in writing in
accordance with the established election cycle.
47 CFR 76.66(c)(6) requires a commercial television broadcast
station located in a local market in a noncontiguous state to make its
retransmission consent-mandatory carriage election by October 1, 2005,
for carriage of its signals that originate as analog signals for
carriage commencing on December 8, 2005 and ending on December 31,
2008, and by April 1, 2007 for its signals that originate as digital
signals for carriage commencing on June 8, 2007 and ending on December
31, 2008. For analog and digital signal carriage cycles commencing
after December 31, 2008, such stations shall follow the election cycle
in 47 CFR Section 76.66(c)(2) and 47 CFR Section 76.66(c)(4). A
noncommercial television broadcast station located in a local market in
Alaska or Hawaii must request carriage by October 1, 2005, for carriage
of its signals that originate as an analog signal for carriage
commencing on December 8, 2005 and ending on December 31, 2008, and by
April 1, 2007 for its signals that originate as digital signals for
carriage commencing on June 8, 2007 and ending on December 31, 2008.
Moreover, Section 76.66(c) requires a commercial television station
located in a local market in a noncontiguous state to provide
notification to a satellite carrier whether it elects to be carried
pursuant to retransmission consent or mandatory consent.
47 CFR 76.66(d)(1)(ii) states an election request made by a
television station must be in writing and sent to the satellite
carrier's principal place of business, by certified mail, return
receipt requested.
47 CFR 76.66(d)(1)(iii) states a television station's written
notification shall include the:
(A) Station's call sign;
(B) Name of the appropriate station contact person;
(C) Station's address for purposes of receiving official
correspondence;
(D) Station's community of license;
(E) Station's DMA assignment; and
(F) For commercial television stations, its election of mandatory
carriage or retransmission consent. 47 CFR 76.66(d)(1)(iv) states
within 30 days of receiving a television station's carriage request, a
satellite carrier shall notify in writing: (A) those local television
stations it will not carry, along with the reasons for such a decision;
and (B) those local television stations it intends to carry.
47 CFR 76.66(d)(2)(i) states a new satellite carrier or a satellite
carrier providing local service in a market for the first time after
July 1, 2001, shall inform each television broadcast station licensee
within any local market in which a satellite carrier proposes to
commence carriage of signals of stations from that market, not later
than 60 days prior to the commencement of such carriage
(A) Of the carrier's intention to launch local-into-local service
under this section in a local market, the identity of that local
market, and the location of the
[[Page 26990]]
carrier's proposed local receive facility for that local market;
(B) Of the right of such licensee to elect carriage under this
section or grant retransmission consent under section 325(b);
(C) That such licensee has 30 days from the date of the receipt of
such notice to make such election; and
(D) That failure to make such election will result in the loss of
the right to demand carriage under this section for the remainder of
the 3-year cycle of carriage under section 325.
47 CFR 76.66(d)(2)(ii) states satellite carriers shall transmit the
notices required by paragraph (d)(2)(i) of this section via certified
mail to the address for such television station licensee listed in the
consolidated database system maintained by the Commission.
47 CFR 76.66(d)(2)(iii) requires a satellite carrier with more than
five million subscribers to provide a notice as required by 47 CFR
76.66(d)(2)(i) and 47 CFR 76.66(d)(2)(ii) to each television broadcast
station located in a local market in a noncontiguous state, not later
than September 1, 2005 with respect to analog signals and a notice not
later than April 1, 2007 with respect to digital signals; provided,
however, that the notice shall also describe the carriage requirements
pursuant to Section 338(a)(4) of Title 47, United States Code, and 47
CFR 76.66(b)(2).
47 CFR 76.66(d)(2)(v) states within 30 days of receiving a local
television station's election of mandatory carriage in a new television
market, a satellite carrier shall notify in writing: Those local
television stations it will not carry, along with the reasons for such
decision, and those local television stations it intends to carry.
47 CFR 76.66(d)(3)(ii) states a new television station shall make
its election request, in writing, sent to the satellite carrier's
principal place of business by certified mail, return receipt
requested, between 60 days prior to commencing broadcasting and 30 days
after commencing broadcasting. This written notification shall include
the information required by paragraph (d)(1)(iii) of this section.
47 CFR 76.66(d)(3)(iv) states within 30 days of receiving a new
television station's election of mandatory carriage, a satellite
carrier shall notify the station in writing that it will not carry the
station, along with the reasons for such decision, or that it intends
to carry the station.
47 CFR 76.66(d)(5)(i) states beginning with the election cycle
described in Sec. 76.66(c)(2), the retransmission of significantly
viewed signals pursuant to Sec. 76.54 by a satellite carrier that
provides local-into-local service is subject to providing the
notifications to stations in the market pursuant to paragraphs
(d)(5)(i)(A) and (B) of this section, unless the satellite carrier was
retransmitting such signals as of the date these notifications were
due.
(A) In any local market in which a satellite carrier provided
local-into-local service on December 8, 2004, at least 60 days prior to
any date on which a station must make an election under paragraph (c)
of this section, identify each affiliate of the same television network
that the carrier reserves the right to retransmit into that station's
local market during the next election cycle and the communities into
which the satellite carrier reserves the right to make such
retransmissions;
(B) In any local market in which a satellite carrier commences
local-into-local service after December 8, 2004, at least 60 days prior
to the commencement of service in that market, and thereafter at least
60 days prior to any date on which the station must thereafter make an
election under Sec. 76.66(c) or (d)(2), identify each affiliate of the
same television network that the carrier reserves the right to
retransmit into that station's local market during the next election
cycle.
47 CFR 76.66(f)(3) states except as provided in 76.66(d)(2), a
satellite carrier providing local-into-local service must notify local
television stations of the location of the receive facility by June 1,
2001 for the first election cycle and at least 120 days prior to the
commencement of all election cycles thereafter.
47 CFR 76.66(f)(4) states a satellite carrier may relocate its
local receive facility at the commencement of each election cycle. A
satellite carrier is also permitted to relocate its local receive
facility during the course of an election cycle, if it bears the signal
delivery costs of the television stations affected by such a move. A
satellite carrier relocating its local receive facility must provide 60
days notice to all local television stations carried in the affected
television market.
47 CFR 76.66(h)(5) states a satellite carrier shall provide notice
to its subscribers, and to the affected television station, whenever it
adds or deletes a station's signal in a particular local market
pursuant to this paragraph.
47 CFR 76.66(m)(1) states whenever a local television broadcast
station believes that a satellite carrier has failed to meet its
obligations under this section, such station shall notify the carrier,
in writing, of the alleged failure and identify its reasons for
believing that the satellite carrier failed to comply with such
obligations.
47 CFR 76.66(m)(2) states the satellite carrier shall, within 30
days after such written notification, respond in writing to such
notification and comply with such obligations or state its reasons for
believing that it is in compliance with such obligations.
47 CFR 76.66(m)(3) states a local television broadcast station that
disputes a response by a satellite carrier that it is in compliance
with such obligations may obtain review of such denial or response by
filing a complaint with the Commission, in accordance with Sec. 76.7
of title 47, Code of Federal Regulations. Such complaint shall allege
the manner in which such satellite carrier has failed to meet its
obligations and the basis for such allegations.
47 CFR 76.66(m)(4) states the satellite carrier against which a
complaint is filed is permitted to present data and arguments to
establish that there has been no failure to meet its obligations under
this section.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-10519 Filed 5-9-08; 8:45 am]
BILLING CODE 6712-01-P