Satellite Television Extension and Localism Act of 2010 and Satellite Home Viewer Extension and Reauthorization Act of 2004, 80425-80426 [2010-32039]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Proposed Rules]
[Pages 80425-80426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32039]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[ET Docket No. 10--152; FCC 10-194]


Satellite Television Extension and Localism Act of 2010 and 
Satellite Home Viewer Extension and Reauthorization Act of 2004

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document invites comment the submission of additional 
information concerning the methodological changes for the digital ILLR 
model with respect to the calculation of diffraction loss close to an 
obstacle or leading up to and following a pair of obstacles; and a 
factual or scientific basis for explaining the additional losses in the 
line of sight range above and beyond the free space loss and two-ray-
loss. The Commission is particularly interested in information on any 
other techniques for improving the degree to which the model accurately 
represents the propagation of a digital television signal from a 
transmitter to a specific receive site and any new data that may be 
available for improving the model's predictions.

DATES: Comments must be filed on or before January 21, 2011, and reply 
comments must be filed on or before February 7, 2011.

FOR FURTHER INFORMATION CONTACT: Alan Stillwell, Office of Engineering 
and Technology, (202) 418-2925, e-mail: Alan.Stillwell@fcc.gov or 
Robert Weller, Office of Engineering and Technology, (202) 418-7397, 
TTY (202) 418-2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 10-97, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: [Optional: Include the e-mail address only if you 
plan to accept comments from the general public]. Include the docket 
number(s) in the subject line of the message.
     Mail: [Optional: Include the mailing address for paper, 
disk or CD-ROM submissions needed/requested by your Bureau or Office. 
Do not include the Office of the Secretary's mailing address here.]
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rule Making, ET Docket No. 10-152, FCC 10-
194, adopted November 22, 2010, and released November 23, 2010. The 
full text of this document is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room CY-
A257), 445 12th Street, SW., Washington, DC 20554. The complete text of 
this document also may be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554. The full text may also be downloaded at: 
www.fcc.gov.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: https://www.regulations.gov.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington DC 20554.

People with Disabilities: To request materials in accessible formats 
for people with disabilities (braille, large print, electronic files, 
audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary of Further Notice of Proposed Rulemaking

    1. In the Report and Order, FCC 10-194, adopted November 22, 2010 
and released November 23, 2010, in this proceeding, the Commission 
adopted a new digital TV ILLR model that complies with the requirements 
and provisions of the Satellite Television Extension and Localism Act 
of 2010 (STELA). This model will provide a method for accurately, 
reliably and presumptively estimating the signal strength of digital 
television stations at individual locations for purposes of determining 
whether a subscriber to a satellite television service is eligible for 
delivery of distant network signals from that service. With this model 
in place, the Commission seeks to further investigate and consider the 
suggestions in the comments for possible modifications to the digital 
ILLR model that would further improve the accuracy and improve the 
accuracy and reliability of its predictions. The Commission would adopt 
such modifications in a subsequent Report and Order in this proceeding.
    2. In this regard, the Commission invites the submission of 
additional information concerning the methodological changes suggested 
in the comments by Mr. Shumate for the digital ILLR model with respect 
to (1) calculation of diffraction loss close to an obstacle or leading 
up to and following a pair of obstacles and (2) a factual or

[[Page 80426]]

scientific basis for explaining the additional losses in the line of 
sight range above and beyond the free space loss and two-ray-loss. The 
Commission is requesting a detailed description of the methodological 
changes that would be offered for addressing these aspects of the model 
and how they would improve the model to better estimate digital 
television signal strengths at individual locations. Such additional 
submissions should also include computer software that implements these 
methodological changes, to the extent that it is available, for 
evaluation by our engineering staff. The Commission also requests 
comment and technical evaluations from interested parties on the 
changes Mr. Shumate proposes. In his submission in this proceeding, Mr. 
Shumate provides a brief description of a comparison of estimates 
generated using the current ILLR model and the ``ITWOM'' with the 
improvements he suggests. The Commission now requests additional 
information on this comparison and also the submission of additional 
data and information that provides comparative analysis of the two 
methods. Interested parties are also invited to submit additional 
proposals and suggestions for improving the digital ILLR model. The 
Commission is particularly interested in information on any other 
techniques for improving the degree to which the model accurately 
represents the propagation of a digital television signal from a 
transmitter to a specific receive site and any new data that may be 
available for improving the model's predictions.

A. Initial Regulatory Flexibility Certification.

    3. The Regulatory Flexibility Act of 1980, as amended (RFA),\1\ 
requires that an initial regulatory flexibility analysis be prepared 
for notice and comment rulemaking proceedings, unless the agency 
certifies that ``the rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.'' \2\ The 
RFA generally defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small governmental jurisdiction.'' \3\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\4\ A ``small business concern'' is one 
which: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the Small Business Administration (SBA).\5\
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    \1\ The RFA, see 5 U.S.C. 601-612, has been amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ 5 U.S.C. 605(b).
    \3\ 5 U.S.C. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \5\ 15 U.S.C. 632. Federal Register.
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    4. The Commission is providing a plan for the model's continued 
refinement by use of additional data as it may become available. Under 
that plan, refinements based on additional data may be proposed by 
referencing the docket of this proceeding, which will be held open 
indefinitely for this purpose. Consistent with this intention to refine 
the model as new information becomes available, the Commission is 
initiating this Further Notice of Proposed Rulemaking herein to request 
comment on possible modifications to the methodology in the digital 
Individual Location Longley-Rice (ILLR) model to improve its predictive 
accuracy as suggested by one of the parties responding to the Notice of 
Proposed Rulemaking, 75 FR 46885, August 4, 2010, in this proceeding. 
The methodological changes to be addressed in the Further NPRM would 
change the manner in which our predictions are calculated but would not 
alter the administrative burden on any of the small business entities 
that would use or be affected by the predictive model. Therefore, the 
Commission does not expect these changes to have any economic impact on 
small entities.
    5. Therefore, we certify that the proposals in this Notice of 
Proposed Rulemaking, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If commenters believe 
that the proposals discussed in the NPRM require additional RFA 
analysis, they should include a discussion of these issues in their 
comments and additionally label them as RFA comments. The Commission 
will send a copy of the NPRM, including a copy of this initial 
certification, to the Chief Counsel for Advocacy of the SBA.\6\
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    \6\ See 5 U.S.C. 605(b).
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B. Paperwork Reduction Act Analysis:

    6. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Ordering Clauses

    7. Pursuant to sections 1, 4, 301, and 339(c)(3) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301, 
339(c)(3), and section 119(d)(10)(a) of the Copyright Act, 17 U.S.C. 
119(d)(10)(a), this further notice of proposed rulemaking is hereby 
adopted.
    8. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this further notice 
of proposed rulemaking, including the Initial Regulatory Flexibility 
Certification, and IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    9. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Further Notice 
of Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration, to Congress and the General Accounting Office pursuant 
to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).\7\
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    \7\ See 5 U.S.C. 603(a).
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    10. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of this NPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration, in accordance with the Regulatory Flexibility Act.

Marlene H. Dortch,
Secretary, Federal Communications Commission.
[FR Doc. 2010-32039 Filed 12-21-10; 8:45 am]
BILLING CODE 6712-01-P