Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, 8031-8052 [2015-02531]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Proposed Rules]
[Pages 8031-8052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02531]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 25, 73, and 76

[MB Docket No. 14-127; FCC 14-209]


Expansion of Online Public File Obligations to Cable and 
Satellite TV Operators and Broadcast and Satellite Radio Licensees

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to expand to cable 
operators, satellite TV providers, broadcast radio licensees, and 
satellite radio licensees the requirement that public inspection files 
be posted to the FCC's online database. In 2012, the Commission adopted 
online public file rules for broadcast television stations that 
required them to post public file documents to a central, FCC-hosted 
online database rather than maintaining the files locally at their main 
studios. Now that television broadcasters have completed their 
transition to the online file, the Commission believes it is 
appropriate to commence the process of expanding the online file to 
other media entities to extend the benefits of improved public access 
to public inspection files and, ultimately, reduce the burden of 
maintaining these files.

DATES: Comments may be filed on or before March 16, 2015, and reply 
comments may be filed April 14, 2015. Written comments on the proposed 
information collection requirements, subject to the Paperwork Reduction 
Act (PRA) of 1995, Pub. L. 104-13, should be submitted on or before 
April 14, 2015.

ADDRESSES: You may submit comments, identified by MB Docket No. 14-127, 
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://fjallfoss.fcc.gov/ecfs2/. 
Follow the instructions for submitting comments.
     Mail: 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.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act proposed information collection 
requirements contained herein should be submitted to the Federal 
Communications Commission via email to PRA@fcc.gov and to 
Cathy.Williams@fcc.gov and also to Nicholas A. Fraser, Office of 
Management and Budget, via email to Nicholas-A.-Fraser@omb.eop.gov. For 
detailed instructions

[[Page 8032]]

for submitting comments and additional information on the rulemaking 
process, see the supplementary information section of this document.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Media Bureau, Policy 
Division, 202-418-2154, or email at kim.matthews@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 14-209, adopted on December 17, 2014 
and released on December 18, 2014. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, Federal Communications Commission, 
445 12th Street SW., Room CY-A257, Washington, DC 20554. This document 
will also be available via ECFS at https://fjallfoss.fcc.gov/ecfs/. 
Documents will be available electronically in ASCII, Microsoft Word, 
and/or Adobe Acrobat. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format) by 
sending an email to fcc504@fcc.gov or calling the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).

Paperwork Reduction Act of 1995 Analysis

    This NPRM contains proposed new and modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Comments should address: (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 estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; (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; and (e) ways to further reduce the information 
collection burden on small business concerns with fewer than 25 
employees. In addition, pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the 
Commission seeks specific comment on how it might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the Title of this ICR and 
then click on the ICR Reference Number. A copy of the FCC submission to 
OMB will be displayed.
    OMB Control Numbers: 3060-xxxx.
    Title: Sections 25.701, Other DBS Public Interest Obligations, and 
25.702, Other SDARS Public Interest Obligations.
    Form Number: None.
    Type of Review: New collection.
    Respondents: Business or other for profit entities.
    Number of Respondents and Responses: 3 respondents and 3 responses.
    Estimated Hours per Response: 18 hrs.
    Frequency of Response: On occasion reporting requirement, 
Recordkeeping requirement, Third party disclosure requirement.
    Total Annual Burden: 54 hours.
    Total Annual Cost: $592.
    Obligation to Respond: Required to be obtained or retained for 
benefits. The statutory authority for 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.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act 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 FCC 14-209, the Commission proposes to expand 
the requirement that public inspection files be posted to the FCC-
hosted online public file database to Direct Broadcast Satellite (DBS) 
providers and Satellite Digital Audio Radio Services (SDARS) licensees, 
among other entities. The Commission's goal is to make information that 
these entities are already required to make publicly available more 
accessible, by placing this information online, while also reducing 
costs both for the government and the public sector. The public and FCC 
use the information in the public file to evaluate information about 
the DBS or SDARS entity's performance and to ensure that the entity is 
operating pursuant to the FCC's rules. In addition, maintenance of 
political files by DBS and SDARS entities enables the public to assess 
money expended and time allotted to a political candidate and to ensure 
that equal access was afforded to other legally qualified candidates 
for public office.
    OMB Control Numbers: 3060-0214.
    Title: Sections 73.3526 and 73.3527, Local Public Inspection Files; 
Sections 76.1701 and 73.1943, Political Files.
    Form Numbers: None.
    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/Responses: 24,961 respondents; 59,902 
responses.
    Estimated Hours per Response: 1-52 hours per response.
    Frequency of Response: On occasion reporting requirement, 
Recordkeeping requirement, Third party disclosure requirement.
    Total Annual Burden: 1,860,656 hours.
    Total Annual Cost: $3,653,372.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
sections 154, 303, 334, 336, and 339 of the Communications Act of 1934, 
as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act 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 FCC 14-209, the Commission proposes to expand 
the requirement that public inspection files be posted to the FCC-
hosted online public file database to commercial and

[[Page 8033]]

noncommercial broadcast radio licensees, among other entities. The 
Commission's goal is to make information that these entities are 
already required to make publicly available more accessible, by placing 
this information online, while also reducing costs both for the 
government and the public sector. Among other things, the public and 
FCC use the information in the public file to evaluate information 
about the broadcast licensee's performance and to ensure that the 
station is addressing issues concerning the community which it is 
licensed to serve. In addition, maintenance of political files by 
broadcast and cable entities enables the public to assess money 
expended and time allotted to a political candidate and to ensure that 
equal access was afforded to other legally qualified candidates for 
public office.
    OMB Control Number: 3060-0316.
    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: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit entities.
    Number of Respondents/Responses: 3,000 respondents; 3,000 
responses.
    Estimated Hours per Response: 18 hours.
    Frequency of Response: Recordkeeping requirement.
    Total Annual Burden: 54,000 hours.
    Total Annual Cost: $591,840.
    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.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act 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 FCC 14-209, the Commission proposes to expand 
the requirement that public inspection files be posted to the FCC-
hosted online public file database to cable operators, among other 
entities. The Commission's goal is to make information that these 
entities are already required to make publicly available more 
accessible, by placing this information online, while also reducing 
costs both for the government and the public sector. Among other 
things, the public and FCC use the information in the public file to 
evaluate information about the broadcast licensee's performance and to 
ensure that the station is addressing issues concerning the community 
which it is licensed to serve. In addition, maintenance of political 
files by broadcast and cable entities enables the public to assess 
money expended and time allotted to a political candidate and to ensure 
that equal access was afforded to other legally qualified candidates 
for public office. Section 76.1700 contains the recordkeeping 
requirements applicable to cable systems, including public inspection 
file requirements. This NPRM proposes to revise Section 76.1700 to 
reflect the requirement that cable operators maintain their public 
inspection file online on the Web site hosted by the FCC. In addition, 
this NPRM proposes a reorganization of 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 
proposes to clarify 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 
would not be required to be included in the public inspection file or 
in the online public inspection file.

Summary of the Notice of Proposed Rulemaking

I. Introduction

    1. In this Notice of Proposed Rulemaking (``NPRM''), we propose to 
expand 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 requirement that public 
inspection files be posted to the FCC's online database. In 2012, we 
adopted online public file rules for broadcast television stations that 
required them to post public file documents to a central, FCC-hosted 
online database rather than maintaining the files locally at their main 
studios. Standardized and Enhanced Disclosure Requirements for 
Television Broadcast Licensee Public Interest Obligations, Second 
Report and Order, 77 FR 27631 (May 11, 2012) (``Second Report and 
Order''). Our goal was to modernize the procedures television 
broadcasters use to inform the public about how they are serving their 
communities, to make information concerning broadcast service more 
accessible to the public and, over time, to reduce the cost of 
broadcasters' compliance. We initiate this proceeding to extend our 
modernization effort to include the public file documents that cable 
operators, DBS providers, and broadcast and satellite radio licensees 
are required to maintain. While the Commission first included only 
television broadcasters in its public file database to ``ease the 
initial implementation of the online public file,'' television 
broadcasters have successfully transitioned to the online file over the 
past two years. Accordingly, we now believe it is appropriate to 
commence the process of expanding the online file to other media 
entities in order to extend the benefits of improved public access to 
public inspection files and, ultimately, reduce the burden on these 
other entities of maintaining these files.

II. Background

    2. One of a broadcaster's fundamental public interest obligations 
is to air programming responsive to the needs and interests of its 
community of license. To ensure that stations meet this obligation, the 
Commission relies on viewers and listeners as an important source of 
information about the nature of a station's programming, operations, 
and compliance with Commission rules. To provide the public with access 
to information about station operations, the Commission's rules have 
long required television and radio broadcast stations to maintain a 
physical public inspection file, including a political file, at their 
respective stations or headquarters and to place in the file records 
that provide information about station operations. The purpose of the 
public inspection file requirement is 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.''

[[Page 8034]]

    3. The Commission promulgated its first political file rule in 
1938. That initial rule was essentially identical to our current 
political file regulation in its requirement that the file be available 
for public inspection and include both candidate requests for time and 
the disposition of those requests, including the ``charges made'' for 
the broadcast time. In 1965, following action by Congress to allow 
greater public participation in the broadcast licensing process, the 
Commission adopted a broader public inspection file rule to enable 
local inspection of broadcast applications, reports, and related 
documents. The Commission noted that Congress' actions ``zealously 
guarded the rights of the general public to be informed'' and that the 
Commission's goal was to make ``practically accessible to the public 
information to which it is entitled.''
    4. Cable, DBS, and SDARS entities also have public and political 
file requirements modeled, in large part, on the longstanding broadcast 
requirements. In 1974, the Commission adopted a public inspection file 
requirement for cable, noting that ``[i]f the public is to play an 
informed role in the regulation of cable television, it must have at 
least basic information about a local system's operations and 
proposals.'' The Commission also noted that ``[r]equiring cable systems 
to maintain a public file merely follows our policy for broadcast 
licensees and is necessary for similar reasons'' and that ``[t]hrough 
greater disclosure we hope to encourage a greater interaction between 
the Commission, the public, and the cable industry.'' 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. Finally, 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.
    5. In 2002, Congress adopted the Bipartisan Campaign Reform Act 
(``BCRA'') which amended the political file requirements in section 315 
of the Communications Act of 1934. 47 U.S.C. 315. The amendments apply 
to broadcast television, cable, and DBS. The BCRA essentially codified 
the Commission's existing political file obligations by requiring that 
information regarding any request to purchase advertising time made on 
behalf of a legally qualified candidate for public office be placed in 
the political file. In addition, the BCRA expanded political file 
obligations by requiring that television, cable, and DBS entities also 
place in the political file information related to any advertisements 
that discuss a ``political matter of national importance,'' including 
in the case of an issue advertisement the name of the person or entity 
purchasing the time and a list of the chief executive officers or 
members of the executive committee or of the board of directors of any 
such entity.

A. Online Public File

    6. 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. See Second Report and Order, 77 FR 27631 (May 11, 2012). As 
noted above, the Commission's goals were to modernize the procedures 
television broadcasters use to inform the public about how they are 
serving their communities, make information concerning broadcast 
service more accessible to the public, and reduce broadcasters' cost of 
compliance. The television online public file rules were the 
culmination of a more than decade-long effort to make information 
regarding how a television broadcast station serves the public interest 
``easier to understand and more accessible,'' ``promote discussion 
between the licensee and its community,'' and ``lessen the need for 
government involvement in ensuring that a station is meeting its public 
interest obligation.''
    7. In June 2011, the Commission staff released ``The Information 
Needs of Communities'' Report (``INC Report''), a comprehensive report 
on the current state of the media landscape created by a working group 
including Commission staff, scholars, and consultants. See www.fcc.gov/infoneedsreport. The INC Report discussed both the need to empower 
citizens to ensure that broadcasters serve their communities in 
exchange for the use of public spectrum, and the need to remove 
unnecessary burdens on broadcasters who aim to serve their communities. 
The INC Report recommended an online system for public inspection files 
in order to ensure greater public access. The INC Report further 
suggested that governments at all levels collect and publish data in 
forms that make it easy for citizens, entrepreneurs, software 
developers, and reporters to access and analyze information to enable 
them to present the data in more useful formats, and noted that greater 
transparency by government and media companies can help reduce the cost 
of reporting, empower consumers, and foster innovation.
    8. Based upon commenter suggestions, in the Second Report and Order 
the Commission determined that each television station's entire public 
file would be hosted online by the Commission. The Commission took a 
number of steps to minimize the burden of the online file on stations. 
Broadcasters were required to upload only those items required to be in 
the public file but not otherwise filed with the Commission or 
available on the Commission's Web site. Any document or information 
required to be kept in the public file and that is required to be filed 
with the Commission electronically in the Consolidated DataBase System 
(``CDBS'') is imported to the online public file and updated by the 
Commission. In addition, television stations were not required to 
upload their existing political files to the online file; rather, 
stations were required only to upload new political file content on a 
going-forward basis. Because of privacy concerns, stations also were 
not required to upload letters and emails from the public to the online 
file; rather, they must continue to retain them in a correspondence 
file at the main studio.
    9. In addition, to smooth the transition for both television 
stations and the Commission and to allow smaller broadcasters 
additional time to begin posting their political files online, the 
Commission phased-in the new political file posting requirement. 
Stations affiliated with the top four national networks (ABC, NBC, CBS, 
and Fox) and licensed to serve communities in the top 50 Designated 
Market Areas (``DMAs'') were required to begin posting their political 
file documents online starting August 2, 2012, but other stations were 
exempted from posting their political file documents online until July 
1, 2014. In the Second Report and Order, the Commission also rejected 
several proposals in the FNPRM to increase public file requirements in 
conjunction with implementation of the online file. Rather, the 
Commission determined that stations would be required to place in their 
online files only material that is already required to be placed in 
their local files.

[[Page 8035]]

    10. The Commission stated in the Second Report and Order that it 
was deferring consideration of whether to adopt online posting for 
radio licensees and multichannel video programming distributors 
(``MVPDs'') until it had gained experience with online posting of 
public files of television broadcasters. The Commission noted that 
starting the online public file process with the much smaller number of 
television licensees, rather than with all broadcasters and MVPDs, 
would ``ease the initial implementation of the online public file.'' In 
response to the FNPRM, a group of public television licensees requested 
that the Commission permit NCE radio stations, or at least those 
licensed to the same entity as, or under common control with, an NCE-TV 
station, to maintain their public inspection files online on the 
Commission's Web site on a voluntary basis. While the Commission 
declined to grant this request, it stated that ``as we and the 
broadcasting industry gain more experience with the online public file 
we will revisit the possibility of allowing stations not required to 
use the online public file to use it on a voluntary basis.'' In 
addition, the Commission delegated to the Commission staff ``the 
authority to allow (but not require) radio stations to voluntarily post 
their public files at such time the staff determines that such an 
option is feasible and desirable.'' To date, the Commission staff has 
not made this option available to radio stations, instead focusing 
initially on ensuring that the database was functioning smoothly and 
was capable of handling the increase in volume once all television 
stations were required to use the online file beginning July 1, 2014.

B. Petition for Rulemaking

    11. In July 2014, the Campaign Legal Center, Common Cause, and the 
Sunlight Foundation (collectively, ``Petitioners'' or ``CLC'') filed a 
joint Petition for Rulemaking requesting that the Commission initiate a 
rulemaking to expand to cable and satellite systems the requirement 
that public and political file documents be posted to the FCC's online 
database. See Campaign Legal Center, et al., Petition for Rulemaking, 
MB Docket No. 14-127, at 1 (July 31, 2014) (``Petition''). The 
Petitioners argue that cable and satellite services have increasingly 
become outlets for political advertising. According to Petitioners, 
political spending on cable is projected to constitute as much as 25 
percent of total projected political television spending in the 2014 
election cycle. Petitioners also assert that, due to advances in 
technology, satellite television providers are preparing to sell 
household-specific ``addressable advertising,'' a feature that has 
attracted interest from advertising campaigns. Petitioners assert that 
moving the television public file online has resulted in 
``unquestionably substantial'' public benefits, which would also arise 
if cable and satellite systems were required to upload their public and 
political files online. In addition, Petitioners argue that television 
broadcasters experienced few problems moving to the online file, and 
cable and satellite systems would also likely not be burdened by the 
online filing requirement.
    12. On August 7, 2014, the Media Bureau issued a Public Notice 
seeking comment on the Petition and, in addition, on whether it should 
initiate a rulemaking to expand online public file obligations to 
broadcast radio stations. See Public Notice, Commission Seeks Comment 
on Petition for Rulemaking Filed by the Campaign Legal Center, Common 
Cause, and the Sunlight Foundation Seeking Expansion of Online Public 
File Obligations to Cable and Satellite TV Operators, Bureau Also Seeks 
Comment on Expanding Online Public File Obligations to Radio Licensees, 
79 FR 51136-01 (August 27, 2014)(``Public Notice''). The National 
Association of Broadcasters (``NAB'') filed comments supporting the 
extension of the online public file to cable and satellite providers, 
stating that there is ``no rational basis'' for requiring television 
broadcasters, but not their competitors in the video marketplace, to 
disclose public and political file material online. The National Cable 
& Telecommunications Association (``NCTA'') argued that, if the 
Commission were to open a proceeding to expand online file obligations, 
it should examine how to tailor any online posting requirements to 
minimize burdens on cable operators and avoid requiring them to upload 
files of little interest to the public. With respect to radio, while 
CLC and the American Public Media Group supported the initiation of a 
rulemaking to require all radio stations to post their public and 
political files to the FCC's online database, the majority of 
commenters addressing this issue either objected to extending the 
online filing requirement to radio and/or argued that the Commission 
should carefully consider the financial burden on struggling radio 
stations as well as the technical and financial challenges to the FCC 
that would be posed by expanding the online file to include radio. In 
addition, a number of commenters also argued that extending the online 
public file to radio at this time is premature and that, at most, the 
Commission should first consider a voluntary online public file for 
radio before mandating online filing.

III. Discussion

    13. We propose to adopt a phased-in approach to expanding the 
online file requirements to cable and DBS providers and broadcast and 
satellite radio entities. The implementation of the television online 
file represents a significant achievement in the Commission's ongoing 
effort to modernize disclosure procedures to improve access to public 
file material. Since it was launched on August 2, 2012, more than 
650,000 documents have been successfully uploaded into the online file, 
and the site has generated close to six million page views. Despite 
initial concerns, NAB characterized the first wave of implementation as 
``uneventful.'' As of July 1, 2014, all television broadcast stations 
have fully transitioned to the online file and, with this transition 
now complete, it is time to seek comment on expanding the online file 
to encompass cable, satellite, and radio public file material.
    14. As the Commission stated in the Second Report and Order, this 
modernization of the public inspection file is ``plain common sense.'' 
The evolution of the Internet and the spread of broadband 
infrastructure have transformed the way society accesses information 
today. It is no longer reasonable to require the public to incur the 
substantial expense and inconvenience of traveling to a station or 
headquarters' office to review the public file and make paper copies 
when a centralized, online file would permit review with a quick and 
essentially costless Internet search.

A. Benefits of Expanding the Online Public File

    15. Our goal in this proceeding is to modernize the outdated 
procedures for providing public access to cable, DBS, radio, and SDARS 
files in a manner that avoids unnecessary burdens on these entities. By 
taking advantage of the efficiencies made possible by digital 
technology, we intend to make information that cable and DBS providers 
and broadcast and satellite radio licensees are already required to 
make publicly available more accessible while also reducing costs both 
for the government and the private sector. The Internet is an 
effective, low-cost means of maintaining contact with, and distributing 
information to, viewers and

[[Page 8036]]

listeners. Placing the public file online will permit 24-hour access 
from any location, without requiring a visit to the site where the 
paper file is maintained, thereby improving access to information about 
how cable, satellite, and radio entities are serving their communities 
and meeting their public interest obligations. As the Commission stated 
in the Second Report and Order, the public benefits of posting public 
file information online, while difficult to quantify with exactitude, 
are unquestionably substantial.
    16. Expansion of the online public file to more media is 
particularly important with respect to improving public access to 
political files. As Petitioners point out, political advertising is 
increasingly shifting from broadcast television to cable and satellite 
television, and the advent of technological advances such as 
addressable advertising are likely to further this trend. Political 
advertising on radio is also on the rise. According to CLC, political 
advertising expenditures on radio in 2012 ranked third behind spending 
on broadcast television and cable and could reach as high as 7 percent 
of overall spending on political advertising in 2014. Adding cable, 
satellite television, and broadcast and satellite radio political file 
material to the existing television online database would facilitate 
public access to disclosure records for all these media and allow the 
public to view and analyze political advertising expenditures more 
easily in each market as well as nationwide.
    17. We propose to take the same general approach to transitioning 
cable, DBS, broadcast radio, and SDARS to the online file that the 
Commission took with television broadcasters, tailoring the 
requirements as necessary to the different services. We also propose to 
take similar measures to minimize the effort and cost entities must 
undertake to move their public files online. Specifically, we propose 
to require entities only to upload to the online file public file 
documents that are not already on file with the Commission or that the 
Commission maintains in its own database. We also propose to exempt 
existing political file material from the online file requirement and 
to require only that political file documents be uploaded on a going-
forward basis.
    18. With only minor exceptions--requiring cable operators to 
provide information about the geographic areas they serve, clarifying 
the documents required to be included in the cable public file, and 
requiring cable, DBS, broadcast radio, and SDARS entities to provide 
the location and contact information for their local file--we do not 
propose new or modified public inspection file requirements in this 
proceeding. Our goal is simply to adapt our existing public file 
requirements to an online format. We seek comment on this approach. 
While we propose to place the entire public file online, we invite 
comment on whether we should instead require only that certain 
components of the public file be placed on the Commission's online 
database. We note that limiting online file requirements to certain 
components of the public file would require entities to upload certain 
documents and maintain others in the local public file, thereby 
potentially imposing a greater burden than moving documents to the 
online file over time. We seek comment on these issues. One benefit of 
this proceeding, however, is to ensure that, within a short timeframe, 
there will be less need for the public to visit the affected entities, 
which will enable such entities to improve security and minimize risks 
to employees. We seek comment on these issues, including ways to 
further reduce the burdens of the public file and limit visits to the 
affected entities.

B. Expansion of the Online File to Broadcast Radio

    19. While no commenter responding to the Public Notice opposed the 
extension of the online public file to cable or DBS providers, as 
discussed above a number of commenters either opposed imposing online 
public file obligations on broadcast radio or urged the Commission 
carefully to consider a number of obstacles unique to radio before 
requiring radio stations to use the online file. In general, these 
commenters argue that many radio stations are very small and have 
limited financial resources and small staffs. Some argue that, for many 
stations, the additional responsibility of maintaining an online file 
would take time and resources that would be better devoted to providing 
local programming and information. Other commenters note that many 
small stations already face significant economic challenges simply to 
stay on the air and might be unable to withstand any additional 
financial pressure an online public file obligation would impose. 
Finally, some commenters argue that local radio listeners that might be 
interested in accessing the current public file can do so easily. These 
commenters contend that moving the public file online would not improve 
access for current listeners but only encourage complaints from 
advocacy groups and that responding to these complaints would further 
strain stations' limited resources.
    20. In the television online public file proceeding, the Commission 
rejected similar arguments regarding the burden an online file 
requirement would pose and concluded that the benefits of the online 
file outweighed any potential burden. The Commission also took a number 
of steps to minimize the costs of moving public files online, most of 
which we propose to take in this proceeding as well. With respect to 
radio, we recognize that concerns regarding the potential cost of an 
online public file requirement carry more weight, particularly for very 
small radio stations, which may struggle financially and have fewer 
resources than small television stations. While we believe that moving 
toward an online public file makes sense in today's world for all 
entities that currently have public file requirements, we are committed 
to considering carefully all concerns raised in this proceeding with 
respect to potential online file requirements. With respect to 
broadcast radio licensees, as discussed further below, we propose to 
commence 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. We 
believe that this approach addresses the concerns raised by commenters 
and will help ensure that the transition to the online file is not 
unduly burdensome.
    21. We reject the argument that we should not expand the online 
file requirement to broadcast radio because doing so will benefit only 
non-local advocacy groups. Making the file available online will make 
it easier for the public generally to access the file, including local 
listeners, and will give the Commission and the public the information 
needed to evaluate whether stations are meeting their responsibilities 
to their local community.

C. Online File Capacity and Technical Issues

    22. We recognize that adding cable, DBS, broadcast radio, and SDARS 
entities to the Commission's online file will greatly increase the 
number of users of the file and the volume of material that must be 
uploaded. NAB notes that, if radio stations are required to use the 
online file, there could be more than 17,500 broadcast entities 
uploading quarterly issues/programs lists on the same four dates in a 
year. In addition, we recognize that there is likely to be a heavy 
demand on the online file during peak political seasons, when many

[[Page 8037]]

broadcast stations take new advertising orders and modify existing 
orders on a daily basis. NAB urges the Commission to consider 
increasing its online capacity to accommodate the significant increase 
in network traffic that will occur when a large number of filings must 
be uploaded on the same date and consider ways to stagger filings to 
relieve network congestion. Other commenters argue the Commission 
should consider expanding the traditional 10-day filing window for many 
broadcast reports to a 30-day filing window to place less stress on the 
database. We seek comment on these proposals to stagger or otherwise 
alter filing deadlines and any other suggestions for ways in which the 
Commission could improve performance of its online public file 
database.
    23. The Commission noted in the Second Report and Order that 
allowing the use of private web hosting services in connection with the 
online file would allow for greater station efficiencies. As several 
commenters note, work to establish an interface between the online file 
database and web hosting services has not yet been finished. Once work 
on this interface is completed, we anticipate that this would enable an 
entity to establish a link between its own privately-maintained 
electronic file database at the system or station to enable automatic 
synchronization with the database hosted at the FCC. We recognize that 
web hosting services could assist many entities with their obligation 
to maintain the online public file, particularly smaller entities, and 
continue to examine issues related to implementation of such services. 
We also intend to investigate adding the capability to permit entities 
to upload documents to multiple online files using a single upload.
    24. Television stations are not required to upload material to the 
online file that is already filed with the Commission or available on a 
Commission database, and we propose to take a similar approach with 
respect to cable, DBS, broadcast radio, and SDARS entities. Broadcast 
radio licensees, like television broadcasters, file material 
electronically with the Commission via CDBS (which is currently being 
migrated to LMS), which is already connected to the online public file. 
Filings and data concerning cable systems, however, are currently 
maintained in the Commission's Cable Operations and Licensing System 
(``COALS'') database, which does not currently interface with the 
Commission's online file database. The Commission intends to create a 
connection between this database and the online file database as 
appropriate and plans to complete that process before the effective 
date of any cable online filing requirement that may be adopted in this 
proceeding.

D. Proposed Online File Rules for Cable, DBS, Broadcast Radio, and 
SDARS

    25. In general, we propose to adopt a similar approach with respect 
to cable, DBS, broadcast and satellite radio online file requirements 
as we did for the television online file. Specifically, we propose that 
these entities' entire public files be hosted online by the Commission 
and that entities be responsible for uploading only items now required 
to be in the public file but not otherwise filed with the Commission or 
available on the Commission's Web site. As with the television online 
file, we propose that the Commission itself upload to the online public 
file material that is already on file with the Commission or that 
currently resides in a Commission database.
    26. Political file. With respect to the political file, we also 
propose that cable operators, broadcast radio licensees, DBS operators, 
and SDARS entities not be required to upload their existing political 
files to the online file. Instead, as we required with television 
licensees, we propose that these entities be permitted to maintain at 
the station those documents already in place in their political file at 
the time the new rules become effective, and only upload documents to 
the online political files on a going-forward basis. Under this 
proposal, existing political file material must be retained in the 
local political file at the station or cable system for the remainder 
of the two-year retention period. Exempting existing political file 
material from the online file will substantially reduce the burden of 
transitioning to the online public file while allowing online access to 
the political file material most likely to be of interest to the 
public. The retention period for the political file for cable, DBS, and 
radio is two years, similar to the political file retention period for 
television stations. Consequently, as the Commission noted in the 
Second Report and Order, exempting the existing political file will 
require entities to continue to maintain this file locally only for a 
relatively short period. Consistent with the requirement we imposed on 
television broadcasters in the Second Report and Order, we also propose 
that, following the effective date of the new rules, cable, DBS, 
broadcast radio, and SDARS entities be required to upload new records 
to their online political file immediately absent unusual 
circumstances. We seek comment generally on these proposals.
    27. Organization. In light of the expansion of the online file we 
propose herein, we invite comment on any steps we might take to improve 
the organization of the online file and facilitate the uploading and 
downloading of material. With respect to the television online 
political file, the Commission designed an organizational structure of 
folders and subfolders that ensures that the contents of the files are 
orderly as required by our rules. Each political file is first 
organized by year, then by type. Beyond that, we ``populated'' some 
additional subfolders by creating folders for major races and 
jurisdictions. The Commission then provided stations with the ability 
to create additional subfolders and subcategories for specific 
candidates, or other organizing structure, in compliance with their own 
practices. We intend to take the same approach in designing the online 
political file for cable, DBS, broadcast radio, and SDARS entities, and 
invite comment on this approach. We expect entities required to upload 
material to the online political file to do so in an organized manner 
so that candidates and members of public seeking information can easily 
navigate it.
    28. Compliance dates. We intend to give entities sufficient time to 
familiarize themselves with the online public file before the effective 
date of any posting requirement. With respect to documents required to 
be placed in the file on a ``going forward'' basis, television stations 
were required to begin using the online public file upon the effective 
date of the Second Report and Order, which was 30 days after the 
Commission announced in the Federal Register that OMB had completed its 
review under the Paperwork Reduction Act and had approved the 
information collection. Should we follow the same timeline for 
documents required to be placed in the file on a ``going forward'' 
basis in this proceeding?
    29. With respect to existing public file materials, we also seek 
comment on the amount of time we should provide entities to upload 
these documents to the online public file. Television stations were 
given six months from the effective date of the Second Report and Order 
to complete the uploading process. Is this amount of time sufficient 
for cable, DBS, and broadcast and satellite radio? Should we adopt a 
staggered date by service (cable, DBS, broadcast radio, and SDARS) or 
by some other basis? Should any of these entities be given more time to 
upload existing

[[Page 8038]]

files? We note that we propose below to temporarily exempt radio 
stations in smaller markets from online public file requirements, and 
seek comment on whether also to temporarily exempt stations with few 
employees. We propose to permit these stations to commence uploading 
material to the online file early on a voluntary basis. This would 
provide these radio stations with more time to upload existing public 
file material and to budget for any additional cost or staff resources 
necessary to accomplish this task.
    30. Back-up files. In addition, consistent with the approach the 
Commission took in the Second Report and Order, we propose that cable, 
DBS, and broadcast and satellite radio entities not be required to 
maintain back-up copies of all public file materials. Instead, as we do 
for the television online file, the Commission itself will create a 
mirror copy of each public file daily to ensure that, if the data in 
the online public file are compromised, the file can be reconstituted 
using the back-up copy. If the Commission's online file becomes 
temporarily inaccessible for the uploading of new documents, we will 
require entities to maintain those documents and upload them to the 
file once it is available again for upload. However, consistent with 
the approach taken with respect to television broadcasters, we propose 
that cable, DBS, and all radio entities be required to maintain local 
back-up files for the political file to ensure that they can comply 
with their statutory obligation to make that information available to 
candidates, the public, and others as soon as possible. Stations will 
only be required to make these backups available if and during such 
rare times as the Commission's online public file is unavailable and 
the Commission has tools available to entities that will minimize any 
burden caused by this requirement. We seek comment on this approach.
    31. Format. The Commission determined in the Second Report and 
Order that it would not establish specific formatting requirements for 
documents posted to the online file and we do not anticipate changes to 
that approach at this time. We propose to require cable, DBS, and 
broadcast and satellite radio entities to upload any electronic 
documents in their existing format to the extent feasible; we will then 
display the documents in both the uploaded format and in a pdf version. 
To the extent that a required document already exists in a searchable 
format, we propose to require these entities to upload the filing in 
that format to the extent technically feasible. We seek comment on 
these proposals.
    32. Announcements and links. Consistent with the Commission's 
approach in the Second Report and Order, we propose to require cable 
operators, DBS providers, and broadcast and satellite radio licensees 
that have Web sites to place a link to the online public file on their 
home pages. We also propose that these entities that have Web sites 
include on their home page contact information for a representative who 
can assist any person with disabilities with issues related to the 
content of the public file. We do not propose that cable and DBS 
operators or broadcast or satellite radio stations be required to make 
on-air announcements regarding the change in location of their public 
file. As required of television stations in the Second Report and 
Order, however, we propose to require radio stations to revise their 
on-air pre- and post-filing renewal announcements to reflect the 
availability of a station's renewal application on the Commission's Web 
site, as reflected in Appendix B. We invite comment on these proposals.
    33. Location of public inspection file and designated contact 
information. As the Commission required with respect to television 
stations, we also propose that cable and DBS operators and broadcast 
and satellite radio licensees be required to provide information in the 
online public file about the location of the local public file and the 
individual who may be contacted for questions about the file. This 
information would be provided when the operator or licensee first 
establishes its online public file, but should be updated if and when 
staffing or location changes occur. We believe this information is 
necessary to inform the public of the location of the existing 
political file (until its retention period expires in two years), which 
will be publicly available at the local public file location, as well 
as the correspondence folder retained by commercial broadcasters. We 
seek comment on this proposal.
    34. EEO materials. In the Second Report and Order, we continued to 
require that television stations make their EEO materials available on 
their Web sites, if they have one, and we propose to take the same 
approach in this proceeding with respect to cable operators, DBS 
providers, and broadcast and satellite radio licensees. Similar to 
television stations, we propose to permit these entities to fulfill 
this Web site posting requirement by providing, on their own Web site, 
a link to the EEO materials on their online public file page on the 
Commission's Web site. We seek comment on this proposal.
    35. No major changes to public file obligations. Finally, with only 
minor exceptions, we do not propose to impose new public file 
obligations on cable, DBS, or broadcast or satellite radio entities in 
connection with this transition to the online public file. While we 
propose below a reorganization of the existing cable public file rules 
for purposes of clarification and seek comment on other minor changes 
to those rules, our intention for purposes of the initial transition to 
a centralized, online file for cable operators, DBS providers, and 
broadcast and satellite radio licensees is to simply adapt our existing 
requirements to the online file format. We seek comment generally on 
these proposals.
    36. OVS. We note that Open Video System (``OVS'') operators have 
several public file obligations. Should OVS operators be required to 
make this information available on the Commission's online public file 
database, or is it sufficient that this information be made available 
by the operator locally? How can we identify those entities that do not 
have Physical System IDs (``PSIDs'') or facility ID numbers?

E. Requirements and Issues Unique to Each Service

    37. Certain issues related to the online public file requirement 
are unique to each service. Accordingly, we address each service 
separately below and also address whether and how to phase-in certain 
requirements for each service.
1. Cable Public Inspection File
a. Current Rules
    38. The FCC's rules regarding records to be maintained by cable 
systems distinguish between records that must be retained for 
inspection by the public and those that must be made available to 
Commission representatives or local franchisors only. The rules also 
impose different recordkeeping requirements based on the number of 
subscribers to the cable system. Operators of cable systems with fewer 
than 1,000 subscribers are exempt from many public inspection file 
requirements, including the political file, sponsorship identification, 
EEO records, and records regarding children's commercial programming. 
Operators of systems with between 1,000 and 5,000 subscribers must 
provide certain information ``upon request'' but must also ``maintain 
for public inspection'' a political file, while operators of systems 
having 5,000 or

[[Page 8039]]

more subscribers must ``maintain for public inspection'' a political 
file and records regarding, among other things, sponsorship 
identification, EEO, and children's programming commercials. The rules 
state that the public inspection file must be 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).''
    39. Cable system political file requirements are similar to those 
for television stations. The political file must contain a ``complete 
and orderly record . . . of all requests for cablecast time made by or 
on behalf of a candidate for public office'' including the disposition 
of such requests. The file must also show the ``schedule of time 
purchased, when spots actually aired, the rates charged, and the 
classes of time purchased.'' With respect to issue advertisements, the 
file must disclose the name of the purchasing organization and a list 
of the board of directors. These records must be filed ``immediately 
absent unusual circumstances,'' and must be retained for at least two 
years.
b. Proposed Online Public File Requirements
(i) Content Required To Be Maintained in the Online File
    40. As discussed above, consistent with the rules we adopted for 
television broadcasters, we propose to require that cable operators 
upload to the online public file all documents and information that are 
required to be in the public file but which are not also filed in COALS 
or maintained by the Commission on its own Web site. The Commission 
proposes to import these latter documents or information into the 
online public file itself.
    41. We note that the only document that cable operators file with 
the Commission that must also be retained in their public inspection 
files is the EEO program annual report, which we propose that the 
Commission upload to the online file. Cable operators are not required 
to maintain in their public inspection files documents similar to The 
Public and Broadcasting manual, which television and radio broadcasters 
must retain in their public files and which the Commission makes 
available to the online file for television stations and will make 
available to the online file for radio stations. Accordingly, as the 
Commission maintains very few documents cable operators must retain in 
their public inspection files, most documents in the cable online file 
will be required to be uploaded by cable operators themselves.
    42. Certain information that must be included in cable operators' 
public files is collected through FCC Form 325 (Annual Cable Operator 
Report), which is filed annually by cable systems with 20,000 or more 
subscribers. For example, operators must maintain at the ``local 
office'' a ``current'' listing of the cable television channels 
delivered to subscribers and must ``maintain for public inspection'' a 
list of all broadcast television stations carried in fulfillment of the 
must-carry requirements. Some of this information is also collected on 
FCC Form 325. Cable operators required to file the form are required to 
identify on the form whether a broadcast station is carried pursuant to 
must-carry obligations, but the form does not request all of the 
specific information about the system's must-carry channels that is 
required to be placed in the public file pursuant to 47 CFR 76.1709. We 
invite comment on whether the Commission should make FCC Form 325 
available in the online file for those systems required to file this 
form annually. We also invite comment on any other ways we can import 
to the online file information cable operators would otherwise be 
required to upload to the file themselves in order to reduce the burden 
on operators of uploading information to the online file.
    43. NCTA requests that the Commission review the ongoing need for 
channel lineups to be placed in the public inspection file as this 
information is provided to consumers in paper format and, according to 
NCTA, is available on operators' Web sites. We seek comment on this 
request. If most operators maintain this information electronically, we 
believe it would not be burdensome to require operators to upload this 
information to the online public file. We seek comment on this view. If 
we were to require all cable systems to upload channel lineups to the 
online file, should we require this information to be uploaded or 
updated annually or on some other schedule? To the extent an operator 
maintains the required information on a channel lineup its own Web 
site, we also seek comment on whether the operator should be permitted 
to provide a link directly to this channel lineup in lieu of uploading 
this information to the public file.
    44. As discussed below, we propose to clarify our rules regarding 
proof-of-performance test data and signal leakage logs and repair data. 
Specifically, we propose to make it clear in our rules that this 
information 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 would not be required to 
be included in the online public inspection file, thereby reducing the 
amount of material cable operators would be required to upload to the 
file.
    45. We propose that cable systems be required to upload other 
material currently required to be maintained for public inspection or 
made available to the public ``upon request.'' For cable systems with 
1,000 or more subscribers, this material would include new political 
file material, sponsorship identification information, commercial 
records on children's programs, certain EEO materials, leased access 
policy information, records concerning operator interests in video 
programming, and copies of requests for waiver of the prohibition on 
scrambling/encryption. While cable systems with 1,000 or more 
subscribers but fewer than 5,000 subscribers are currently required to 
provide certain materials to the public only ``upon request,'' we 
believe these systems should be required to place these materials in 
the online file as this will facilitate public access to these 
materials. We believe this requirement will be no more burdensome than 
placing the materials in a physical file and should be less burdensome 
over time. We invite comment on this approach.
    46. We also propose to exempt cable systems with fewer than 1,000 
subscribers from all online public file requirements, either 
permanently or at least initially. As discussed above, these systems 
have far fewer public file requirements than larger systems and are not 
required to maintain a political file. Alternatively, we could exempt 
systems with fewer than 1,000 subscribers that maintain public file 
information on their own Web sites. We seek comment on these possible 
approaches and any other suggestions for ways we should provide 
regulatory relief to very small cable systems.
    47. Political file. As discussed above, consistent with the 
approach we adopted for television broadcasters, we propose that cable 
operators not be required to upload their existing political files to 
the online file; rather, we propose that they be permitted to maintain 
existing material in their physical political file and only upload 
documents to the online political file on a going-forward basis. We 
believe this approach will minimize the burden of transitioning to the 
online file for cable operators, while providing convenient access to 
the information most likely to

[[Page 8040]]

be of interest to the public, and invite comment on this proposal. We 
note that Time Warner Cable, which is not currently required to 
maintain its public file online, already posts its political files 
online to save costs and expedite access to this material. We invite 
comment on whether there are any aspects of our current cable political 
file requirements that are unclear and that should be clarified in 
connection with our proposal to transition to an online political file.
    48. To smooth the transition for both cable operators and the 
Commission and to allow smaller cable systems additional time to begin 
posting their political files online, we propose to phase-in the 
requirement to commence uploading political file documents to the 
online file for smaller cable systems. We invite comment on ways in 
which this phase-in period should be structured. One approach would be 
to start by requiring cable systems with 5,000 or more subscribers to 
post new political file materials online, while exempting systems with 
fewer than 5,000 subscribers for some period of time. As cable systems 
with fewer than 1,000 subscribers are exempt from all political file 
requirements, this temporary exemption would apply to systems with 
1,000 or more subscribers but fewer than 5,000 subscribers. As 
discussed above, the rules currently exempt systems with fewer than 
5,000 subscribers from some recordkeeping requirements, and we invite 
comment on whether this 5,000 subscriber cutoff should also be used to 
provide regulatory relief in this context. Another approach would be to 
define ``small cable system'' for purposes of the exemption as a system 
with fewer than 15,000 subscribers that is not affiliated with a larger 
operator serving more than 10 percent of all MVPD subscribers. The 
Commission used this definition for purposes of determining eligibility 
for a streamlined financial hardship waiver in the CALM Act Report and 
Order. The Commission explained in that Order that it believed that the 
streamlined waiver ``should be available only to those systems that are 
most likely to face financial hardships in complying with'' the 
Commission's CALM Act requirements. We invite comment on the 
appropriate definition of ``small cable system'' for purposes of the 
political file exemption and on the appropriate period of time we 
should exempt small systems from the requirement to commence posting 
political file material online. Should there be a means of providing 
the public with information regarding which systems' political files 
are included in the online file, and which are exempt, either 
temporarily or permanently?
    49. While we are proposing to delay the transition to the online 
political file for small cable systems, we propose to allow these 
systems to commence uploading documents to the online political file on 
a voluntary basis at the same time that online political file 
requirements become effective for larger cable systems. In addition, if 
we were to decide to exempt systems with fewer than 1,000 subscribers 
from all online public file obligations, we propose to allow these 
systems to participate in the online file database on a voluntary 
basis. Regardless of whether we determine to delay or exempt small 
systems from online filing requirements, we believe it is appropriate 
to permit any system that desires to participate in the online database 
to do so voluntarily. We invite comment on this proposal.
    50. Geographic information. We propose to require cable operators, 
when first establishing their online public file, to provide a list of 
the geographic areas served by the system. The Commission currently 
lacks precise information about the geographic areas served by cable 
systems and we believe that making this information available in the 
online public file will make the information in the file, and 
especially the political file, more useful to subscribers, advertisers, 
candidates, and others. We propose to require cable systems to provide 
information regarding the ZIP Codes served by the system and the 
Designated Market Area (``DMA'') or areas it serves, and we seek 
comment on this proposal. We also seek comment on alternative proposals 
for collecting geographic information, such as Census Block or Census 
Tract information. We note that operators would have to provide this 
information when they first establish their public files on the 
Commission's database, and update it only to reflect changes. 
Therefore, we do not believe this requirement would be burdensome.
    51. We also invite comment on any ways to facilitate access to the 
online database by consumers. Cable operators are currently required to 
maintain their public files on a per-system basis and we tentatively 
conclude that the same should apply to the online database. However, as 
NCTA notes, cable public files cannot be organized by call sign and the 
analogous unit, a physical system identifier, is not readily known by 
consumers. If we require cable operators to provide information on the 
geographic area served by the system, should we use that geographic 
information to help identify cable systems in the cable online file? 
Are there other ways in which systems can be identified to consumers so 
that they can quickly find the information they are seeking?
(ii) Clarification and Streamlining of Current Recordkeeping 
Requirements
    52. NCTA argues that we should streamline cable public file 
requirements to avoid requiring cable operators to incur the cost of 
posting unnecessary material. While we decline to undertake a 
comprehensive review of cable public inspection file requirements in 
this proceeding, we seek comment on several issues raised by NCTA and 
propose to clarify certain requirements. First, NCTA asks that we 
eliminate the requirement that proof-of-performance and signal leakage 
information be retained in the public inspection file. We note that the 
current recordkeeping rules regarding this information are unclear. 
While 47 CFR 76.1700(a), which sets out recordkeeping requirements, 
includes ``proof-of-performance test data'' and ``signal leakage logs 
and repair records'' in the list of items either to be made available 
``upon request'' (for systems with 1,000 or more but fewer than 5,000 
subscribers) or to be maintained in the public inspection file (for 
systems with 5,000 or more subscribers), the rule sections specifically 
addressing these requirements require only that this information be 
maintained for inspection by the Commission and local franchisor. We 
agree with NCTA that this information is unlikely to be of interest to 
the general public and does not need to be made available online. 
Accordingly, we propose to clarify that this information must be 
maintained and made available to the Commission and franchisor upon 
request, but does not need to be maintained in the system's public 
inspection file or uploaded to the online file. We seek comment on this 
proposal.
    53. Second, NCTA requests that the Commission evaluate whether it 
should exclude headend location information from any online public 
inspection file as it is of no interest to the general public and 
revealing this information in a centralized database available to 
Internet users ``raises potentially serious security risks.'' We 
propose to exclude headend location information from the online public 
file and seek comment on this proposal.
    54. Third, NCTA requests that the Commission consider eliminating 
the current requirement that cable operators post certain EEO materials 
on the system's own Web site, if it has one, as these materials would 
be available on

[[Page 8041]]

the Commission's online public file. As discussed above, in the Second 
Report and Order, we continued to require that television stations make 
certain EEO materials available on their Web sites, if they have one, 
and we propose to take the same approach in this proceeding with 
respect to cable operators, DBS providers, and broadcast and satellite 
radio licensees. Consistent with the rules for television stations, 
however, we propose to permit these entities to fulfill this Web site 
posting requirement by providing, on their own Web site, a link to the 
EEO materials on their online public file page on the Commission's Web 
site.
(iii) Reorganization of the Cable Public Inspection File Rules
    55. We believe that a limited reorganization and clarification of 
the public inspection file rules would make them easier to locate and 
understand. The public inspection file rules for broadcasters are 
contained in two rule sections that identify all public inspection file 
requirements for commercial and noncommercial educational broadcasters, 
with references to other rule sections as appropriate. In contrast, the 
cable recordkeeping requirements are spread over several rule sections 
in part 76, subpart U (Documents to be Maintained for Inspection), with 
some requirements contained in a separate rule subpart. While 47 CFR 
76.1700 of the rules includes references to many of these recordkeeping 
requirements it does not cite them all. Revising our rules to identify 
all cable recordkeeping requirements in a single rule section, with 
references to other sections as appropriate, would make these 
requirements easier to locate and facilitate compliance. Moreover, as 
confirmed by our discussion above regarding maintenance of proof-of-
performance and signal leakage information, some of the current rules 
are confusing and inconsistent. We propose to revise 47 CFR 76.1700 to 
include references to all public inspection file requirements and to 
more clearly address which records must be maintained in the file 
versus those that must be made available to the Commission or 
franchising authority. We invite comment on these proposed revisions, 
which are set out in Appendix B.
2. DBS Public Inspection File
a. Current Rules
    56. DBS providers are required to maintain a public file containing 
four categories of information: Information regarding compliance with 
the carriage obligation for noncommercial programming (the 
``noncommercial set-aside''); information regarding compliance with the 
commercial limits in children's programming; certain EEO materials; and 
a political file. With respect to the noncommercial set-aside, the 
rules require that DBS providers ``keep and permit public inspection of 
a complete and orderly record of,'' among other things, measurements of 
channel capacity, a record of entities to whom noncommercial capacity 
is being provided, the rates paid by the entity to whom capacity is 
provided, and a record of entities requesting capacity and the 
disposition of those requests. With respect to compliance with the 
children's programming commercial limits, DBS providers airing 
children's programming must maintain records sufficient to verify 
compliance with the rules and ``make such records available to the 
public.'' With respect to EEO materials, DBS operators are required to 
maintain in their public file EEO reports and certain EEO program 
information.
    57. DBS providers are also required to ``keep and permit public 
inspection of a complete and orderly political file'' and to 
``prominently disclose the physical location of the file and the 
telephonic and electronic means to access'' it. The file must include, 
among other things, records of ``all requests for DBS origination 
time'' and the schedule of time purchased, when spots actually aired, 
the rates charged, and the classes of time purchased for each request. 
These records must be placed in the file ``as soon as possible'' and 
must be retained for at least two years. Unlike broadcasters and cable 
systems, DBS providers must ``make available via fax, email, or by mail 
upon telephone request, photocopies of documents in their political 
files and shall assist callers by answering questions about the 
contents of their political files.'' In 2004, the Commission explained 
that it was requiring DBS providers to abide by political file 
obligations similar to those requirements placed on terrestrial 
broadcasters and cable systems. Because DBS is a national service and 
each provider's headquarters is not necessarily readily accessible to 
most of its viewers and to candidates, we require DBS providers to make 
their political files available upon telephone or electronic request. 
They may provide access to the file by fax, email, via Internet Web 
site access, or, if so requested, by mailing photocopies of the 
documents in their political files. We expect that DBS providers will 
assist callers by promptly answering questions about how to access the 
contents of the DBS providers' political files. DBS providers may 
require individuals requesting documents to pay for photocopying if the 
requester prefers delivery by mail, but the DBS provider must pay for 
postage. DBS providers are encouraged to put their political files on 
their respective Web sites but must provide alternatives for 
individuals who do not have Internet access. In view of these 
requirements and expectations, we do not find it necessary to require 
that a provider maintain a public file in every community that receives 
its signal. We do, however, require, that DBS providers prominently 
disclose the toll-free telephone number and email address of the 
department responsible for responding to requests for access to the 
political file. In addition, because DBS experience with the political 
broadcasting rules is relatively new, and to facilitate a future Staff 
Report, we will require that DBS providers maintain all requests for 
time from candidates or individuals on behalf of candidates, including 
general requests for availabilities and rate information. In addition, 
and for the same reasons, DBS providers will be required to retain 
information in their political files for four years, until 2006, and 
thereafter for two years, as is required of cable operators and 
terrestrial broadcast stations.
b. Proposed Online Public File Requirements
    58. We propose to treat DBS providers in the same manner as 
television, cable, and broadcast and satellite radio entities by 
requiring them to upload to the online file only material that is not 
already on file at the Commission. Similar to cable operators, the only 
document that DBS providers file with the Commission that must also be 
retained in their public inspection files is the EEO program annual 
report, which we propose that the Commission upload to the online file. 
Like cable operators, the other information DBS providers are required 
to maintain in their public inspection files is not currently filed 
with or maintained by the Commission. Accordingly, most material 
required to be kept in the online file would have to be uploaded by DBS 
providers themselves, which includes channel capacity measurements and 
other records related to the use of and requests for noncommercial 
capacity, records related to compliance with children's commercial 
limits, certain EEO materials, and political file material.
    59. We do not believe that requiring DBS providers to upload this 
material to

[[Page 8042]]

the online file would be onerous. As compared to television and radio 
broadcasters and cable operators, DBS providers have the fewest number 
of public file requirements. In addition, there are currently only two 
U.S. DBS operators, each of which has sufficient financial resources to 
comply with any online file requirements we ultimately adopt in this 
proceeding. We agree with Petitioners that the transition to an online 
file is particularly important for DBS because of that service's 
nationwide reach. Each DBS provider is required to maintain only one 
public and political file for the entire U.S. at its headquarters, 
making in-person access very difficult. While staff members must copy 
and mail public and political file documents upon request under the 
current rules, making this material available online would considerably 
improve public access. Moreover, we believe that, for DBS providers, 
maintaining an online file hosted by the Commission will prove to be 
more efficient and less expensive over time than maintaining a local 
file, particularly in light of the extra steps DBS providers are 
required to take to assist callers requesting materials from the file.
    60. We tentatively conclude, consistent with our approach for 
television stations and our proposal herein for cable systems and 
broadcast radio licensees, that DBS providers should not be required to 
upload their existing political files to the online file but rather 
should be permitted to maintain existing material in their physical 
political file and only upload documents to the online political file 
on a going-forward basis. If we require DBS providers to upload their 
political files, we propose to eliminate the requirement that they mail 
photocopies of documents in that file to individuals requesting copies, 
as these materials would be available online Additionally, to the 
extent that political file materials relate to ads shown on a local or 
hyper-local basis, we seek comment on how DBS providers can indicate in 
their public files the area in which such ads were or will be shown. We 
also invite comment on whether there are any aspects of our current DBS 
political file requirements that are unclear and that should be 
clarified in connection with our proposal to transition to an online 
political file.
3. Broadcast Radio Public Inspection File
a. Current Rules
    61. The public inspection file rules for radio broadcasters are 
generally similar to those for television broadcasters. Every permittee 
or licensee of an AM or FM station in the commercial or noncommercial 
educational broadcast service must maintain a public inspection file 
containing, among other things, FCC authorizations, applications, 
contour maps, ownership reports, EEO materials, issues/programs lists, 
and time brokerage (also known as ``local marketing'') and joint sales 
agreements. The file must be maintained at the station's main studio.
    62. Radio stations must maintain a political file as part of the 
public inspection file. The political file must contain a ``complete 
and orderly record'' of requests for broadcast time made by or on 
behalf of a candidate for public office.'' The file must also show the 
``schedule of time purchased, when spots actually aired, the rates 
charged, and the classes of time purchased.'' With respect to issue 
advertisements, stations must disclose the name of the purchasing 
organization and a list of the board of directors. These records must 
be filed ``as soon as possible, meaning immediately, absent unusual 
circumstances,'' and must be retained for at least two years.
b. Proposed Online Public File Requirements
(i) Content Required To Be Maintained in the Online File
    63. As discussed above, consistent with the rules we adopted for 
television broadcasters we propose to require that radio broadcast 
licensees upload to the online public file all documents and 
information that are required to be in the public file but that are not 
also filed in CDBS (or LMS) or otherwise maintained by the Commission 
on its own Web site. Under this proposal, radio stations would be 
required to upload citizen agreements, certain EEO materials, issues/
programs lists, local public notice announcements, time brokerage 
agreements, joint sales agreements, materials related to FCC 
investigations or complaints (other than investigative information 
requests from the Commission), and any new political file material. We 
propose that any document or information required to be in the public 
file that is electronically filed with CDBS (or LMS) will be imported 
to the online file by the Commission. For radio broadcasters, under 
this proposal the documents the Commission would upload to the online 
file include authorizations, applications and related materials, 
contour maps, ownership reports and related materials, EEO Reports, The 
Public and Broadcasting manual, and Letters of Inquiry and other 
investigative requests from the Commission, unless otherwise directed 
by the inquiry itself.
    64. While all stations will have issues/programs lists and 
materials related to local public notice announcements, few will have 
time brokerage agreements and very few will have citizen agreements or 
materials related to an FCC investigation or complaint. While many 
stations will have political file material, in general we expect that 
these files will be smaller for radio stations than for television 
stations as fewer political advertisements air on radio. In addition, 
radio stations with fewer than five full-time employees are exempt from 
many of the EEO recordkeeping requirements. We seek comment on these 
issues.
    65. Political file. As discussed above, consistent with the 
approach we adopted for television broadcasters and that we propose 
herein for cable operators, we propose that broadcast radio licensees 
not be required to upload their existing political files to the online 
file, but rather that they be permitted to maintain existing material 
in their local political file and only upload documents to the online 
political file on a going-forward basis. We believe this approach will 
minimize the burden of transitioning to the online file for radio 
licensees. We seek comment on this approach.
    66. Delay in implementation for small market stations. We propose 
to implement the online public file for broadcast radio stations by 
imposing requirements, at first, only on stations with more resources. 
We propose to delay all mandatory online filing for other radio 
stations for some period of time. As discussed above, several 
commenters express concern about whether radio stations have sufficient 
resources to implement and maintain an online public file, particularly 
small stations with limited financial resources and small staffs. Some 
commenters argue that we should postpone any consideration of moving to 
an online file for broadcast radio or, if we do adopt online file 
obligations for that medium in this proceeding, that we exempt smaller 
stations and/or NCE stations. Those advocating an exemption for NCE 
stations argue that many of these stations have very small staffs and 
limited resources and that compliance with an online requirement would 
create a severe financial and staffing hardship. Ampers and NFCB also 
note that NCEs are prohibited from accepting funds from political 
candidates and organizations advocating on behalf of a candidate or 
political issue, making online access to the

[[Page 8043]]

political file less important for these stations. Other commenters 
argue that, in order to minimize the risk of online public file 
requirements becoming the ``proverbial straw that breaks the camel's 
back'' for already struggling small radio stations, the Commission 
should not require small stations to upload the contents of their 
existing public files, or at least should provide stations with an 
extended period of time during which they could incrementally add those 
materials to the online file.
    67. Another issue raised by radio commenters is the lack of 
computer or Internet access at some small, rural stations. According to 
NAB, some radio stations in remote locations, including Alaska, Maine, 
and areas of the Southwest, do not have access to reliable Internet 
service or even are without Internet access altogether. Other stations 
have no in-house computing resources or broadband capacity. According 
to Native Public Media, many Native-owned NCE radio stations operate on 
Tribal lands where broadband penetration rates are between five and 10 
percent. Moreover, according to these commenters, in communities where 
broadband is theoretically available actual access is often severely 
hampered by high latency, slow dial-up speeds, and unreliable coverage. 
Native Public Media argues that it would be difficult, if not 
impossible, to require stations facing these circumstances to upload 
large files to the Commission's online database. In addition, these 
commenters argue that the cost of maintaining an online file would 
significantly outweigh the benefits in communities where listeners have 
limited Internet access.
    68. We recognize that some radio stations may face financial or 
other obstacles that could make the transition to an online public file 
more difficult. Accordingly, we believe that it is reasonable to 
commence the transition to an online public file for radio with 
stations with more resources while delaying, for some period of time, 
all mandatory online public file requirements for other stations. We 
propose that other stations be permitted to voluntarily transition to 
the online file early, but not be required to participate until we have 
gained some experience with the inclusion of stations with greater 
resources. Adding radio stations to the online file incrementally over 
time will give us more time to address any technical issues that may 
arise in connection with our online file database as the volume of 
users increases. Given the large number of radio stations and the 
volume of material they will be uploading to the online file, we 
believe it makes sense to proceed in stages to include radio stations 
in the Commission's online database.
    69. We seek comment generally on this approach. Is it appropriate 
to temporarily exempt a certain category of radio stations from all 
online public file requirements or should we instead temporarily exempt 
some stations from only the online political file? How should we define 
the category of stations that should be eligible for a temporary 
exemption? We note that, in the television online file proceeding, we 
implemented the online political file first with television stations in 
the top 50 DMAs that were also affiliated with the top four networks. 
With respect to radio, however, network affiliation is not a useful way 
to identify stations with more resources. Accordingly, we propose to 
begin implementation of online public file requirements for radio with 
commercial stations in markets 1 through 50, as defined by Nielsen 
Audio (formerly Arbitron), that have five or more full-time employees. 
We propose that these stations commence compliance with online public 
file requirements at the same time as cable, DBS, and SDARS entities. 
With respect to all other radio stations, we propose to delay all 
online public file requirements for two years. This two-year delay is 
the same length of time we delayed, in the television online file 
proceeding, the implementation of political file obligations for 
television stations in smaller markets and those unaffiliated with the 
top four networks. We propose to initially exempt NCE radio stations as 
well as those with fewer than five full-time employees from the online 
public file to help ensure that we commence online file requirements 
for radio with stations with greater resources. With respect to radio 
stations with fewer than five full-time employees, as noted above our 
rules exempt these stations from many EEO requirements. One advantage 
of tying an exemption for small radio stations to this EEO exemption is 
that information regarding the stations that are exempt from EEO 
requirements is readily available to the public, as this information is 
filed with the FCC and is available via the FCC's Web site. We seek 
comment on this and any other possible approach to structuring the 
temporary delay in online file requirements for certain radio stations. 
We also seek comment on whether we should permanently exclude certain 
radio stations, such as NCEs and stations with fewer than five full-
time employees, from all online public file requirements, rather than 
simply delaying implementation of online file requirements for these 
stations.
    70. While we are proposing to delay the transition to the online 
public file for certain radio stations, we also propose to allow these 
stations to commence uploading all or part of their public file 
documents to the online file on a voluntary basis before the delayed 
effective date of any online file requirement for these stations. As 
discussed above, public television licensees in the television online 
file proceeding requested that we allow NCE radio stations, or at least 
those licensed to the same entity as, or under common control with, an 
NCE television station, to maintain their public inspection files 
online on the Commission's Web site on a voluntary basis. Public 
television licensees argued that this would allow radio stations that 
were jointly owned or operated with television stations to avoid 
duplicative efforts from having to maintain two separate public file 
systems, involving some of the same documents. If we decide to delay 
implementation of online file requirements for all or some NCEs in this 
proceeding, we believe it is appropriate to allow them and any other 
smaller radio station to voluntarily transition to the Commission's 
online file early. We seek comment on this proposal.
    71. We believe our proposal addresses many of the concerns raised 
regarding radio stations that may have fewer resources and, therefore, 
might find transitioning to the online file more burdensome. These 
stations would not be required to commence uploading documents to the 
Commission's database until stations with more resources have completed 
part or all of their transition to the online file. This delayed 
transition will assist small stations to budget for any initial costs 
to upload documents to the file and any extra staff time required for 
this effort. In the meantime, stations may commence uploading documents 
to the online database early on a voluntary basis. We invite comment on 
this approach and on ways we can help ensure that permitting stations 
to commence uploading documents early on a voluntary basis is not 
confusing to members of the public trying to locate and access public 
file material.
(ii) Contour Map and Main Studio Information
    72. Radio stations are currently required to include in their 
public inspection files ``any service contour maps submitted with any 
application'' together with ``any other information in the application 
showing service

[[Page 8044]]

contours and/or main studio and transmitter location.'' We propose to 
have the Commission create contour maps for the online file based upon 
existing data. Given the complexities of AM contour mapping, we may not 
be able to use the same tools that we used to map TV contours and that 
we anticipate using to map FM contours. We seek comment on ways to 
address this issue. Should AM stations be required to upload contour 
maps to the online file?
    73. We also propose to require stations to provide information to 
the online file regarding the location of the station's main studio. 
The Commission's rules do not currently require the reporting of this 
information and it is not included on contour maps. We believe that 
information regarding the location of the main studio would help 
members of the public to engage in an active dialogue with radio 
licensees regarding their service, which is one of the goals of this 
proceeding. In addition, we believe this information is necessary to 
inform the public of the location of the correspondence file and 
existing political file (until its retention period expires in two 
years), both of which will be publicly available at the station. 
Therefore, consistent with the approach we took in the television 
station online file proceeding, we propose to require stations to 
include in the online public file the station's main studio address and 
telephone number, and the email address of the station's designated 
contact for questions about the public file. In addition, we propose 
that stations with a main studio located outside of their community of 
license be required to list the location of the correspondence file and 
existing political file, as well as the required local or toll free 
number. We seek comment on this proposal.
(iii) Letters From the Public
    74. In the Second Report and Order, the Commission exempted letters 
and emails from the public from the online public file and instead 
required that such material be maintained at the station in a 
correspondence file. The Commission determined that including these 
documents in the online file could risk exposing personally 
identifiable information and that requiring stations to redact such 
information prior to uploading these documents would be overly 
burdensome. The Commission determined that letters and emails from the 
public should be maintained at the station's main studio either in a 
paper file or electronically on a computer. Further, the Commission 
clarified that, as required under the current public inspection file 
rules, this file should include all letters and emails from the public 
regarding operation of the station unless the letter writer has 
requested that the letter not be made public or the licensee feels that 
it should be excluded due to the nature of its content. Finally, the 
Commission determined that it would not require stations to retain 
social media messages in their correspondence file. We propose to take 
the same approach with respect to broadcast radio stations and the 
letters and emails they receive from the public, and seek comment on 
this proposal.
(iv) Donor Lists
    75. NCE stations are required to retain in the public inspection 
file lists of donors supporting specific programs. Native Public Media 
asks that, for the same reason the Commission excluded letters and 
emails from the public from the television online file requirement, 
donor lists also be excluded from any NCE online file requirements to 
ensure the privacy of donors. In the Second Report and Order we 
required NCE television broadcasters to include donor lists in their 
online public files, and we propose to take the same approach with 
respect to radio. We seek comment on this issue. Is there a reason to 
treat NCE radio station donor lists differently from NCE television 
station donor lists?
4. Satellite Radio Public Inspection File
a. Current Requirements
    76. Licensees in the satellite radio service are required to 
maintain a public file with two categories of material. First, as 
discussed above, SDARS licensees are required to comply with EEO 
requirements similar to those imposed on broadcasters, including the 
requirement to file EEO reports and to maintain those reports in their 
public file together with other EEO program information. Second, also 
as discussed above, satellite radio licensees are required to maintain 
a political file. In addition, SiriusXM, the current, sole U.S. SDARS 
licensee, is required to retain a third category of material in the 
public file. SiriusXM made a voluntary commitment to make capacity 
available for noncommercial educational and informational programming, 
similar to the requirement imposed on DBS providers, in connection with 
its merger application. As part of its approval of the merger, the 
Commission required that the merged entity reserve channels for 
educational and informational programming, offer those channels to 
qualified programmers, and comply with the public file requirements of 
47 CFR 25.701(f)(6), which sets forth public file requirements for the 
noncommercial set-aside for DBS providers.
b. Proposed Online Public File Requirements
    77. We propose to treat satellite radio licensees in the same 
manner as television, cable, DBS, and broadcast radio entities by 
requiring them to upload to the online file only material that is not 
already on file at the Commission. We seek comment on this proposal. 
Similar to cable operators and DBS providers, the only document that 
SDARS entities file with the Commission that must be retained in the 
public inspection file is the EEO program annual report, which we 
propose that the Commission upload to the online file. We do not 
believe that requiring SDARS licensees to upload to the online file 
other material required to be maintained in the public file would be 
burdensome as the number of public file requirements for this service 
is fewer than for other services and entities discussed in this item 
and because the current, sole U.S. SDARS licensee has ample financial 
resources to comply with any online file requirement we ultimately 
adopt in this proceeding. We also believe that, similar to DBS, the 
transition to an online file is particularly important for satellite 
radio because of that service's nationwide reach and the fact that the 
current licensee maintains only one public and political file for the 
entire U.S., making in-person access very difficult.
    78. With respect to the political file, we propose to treat 
satellite radio similar to DBS, as they are both nationwide services 
with few licensed service providers. As we do with respect to the DBS 
political file herein, we tentatively conclude, consistent with our 
approach for television stations and our proposal herein for cable 
systems and radio broadcasters, that SDARS licensees should not be 
required to upload their existing political files to the online file 
but rather should be permitted to maintain existing material in their 
physical political file, and only upload documents to the online 
political file on a going-forward basis. In addition, to the extent 
that political file materials relate to ads shown on a local or hyper-
local basis, we seek comment on how satellite radio licensees can 
indicate in their public files the area in which such ads were or will 
be shown.

[[Page 8045]]

IV. Procedural Matters

A. Initial Regulatory Flexibility Act Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA''), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (``IRFA'') concerning the possible significant 
economic impact on small entities of the policies and rules proposed in 
this Notice of Proposed Rulemaking (``NPRM''). Written public comments 
are requested on this IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the deadlines for comments provided on 
the first page of this NPRM. The Commission will send a copy of this 
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (``SBA''). In addition, this NPRM and 
IRFA (or summaries thereof) will be published in the Federal Register.
    2. This NPRM proposes to expand to cable and Direct Broadcast 
Satellite (``DBS'') operators and broadcast and satellite radio 
(``SDARS'') licensees the requirement that public and political files 
be posted to the online public file database hosted by the Commission. 
In 2012, the Commission adopted online public file rules for broadcast 
television stations which required them to post public file documents 
to a central, FCC-hosted online database rather than maintaining the 
files locally at their main studios. The Commission's goal was to 
modernize the procedures television broadcasters use to inform the 
public about how they are serving their communities by harnessing 
current technology to make information more accessible to the public 
and, over time, to reduce the cost of compliance. We are initiating 
this proceeding to extend our modernization effort to include the 
public file documents required to be maintained by cable operators, DBS 
providers, broadcast radio licensees, and SDARS licensees. While the 
Commission first included only television broadcasters in its public 
file database to ``ease the initial implementation of the online public 
file,'' television broadcasters have now successfully transitioned to 
the online file over the past two years. Accordingly, we now believe it 
is appropriate to commence the process of expanding the online file to 
other media in order to extend the benefits of improved public access 
to public inspection files and, ultimately, reduce the burden on these 
other entities of maintaining those files.
    3. In general, this NPRM proposes to adopt a similar approach with 
respect to cable, DBS, and broadcast and satellite radio online file 
requirements as we did for the television online file. Specifically, we 
propose that these entities' entire public files be hosted online by 
the Commission and that entities be responsible for uploading only 
items now required to be in the public file but not otherwise filed 
with the Commission or available on the Commission's Web site. As with 
the television online file, we propose that the Commission itself 
upload to the online public file material that is already on file with 
the Commission or that currently resides in a Commission database. With 
respect to the political file, we also propose that cable, DBS, 
broadcast radio, and satellite radio entities not be required to upload 
their existing political files to the online file. Instead, as we 
required with television licensees, we propose that these entities be 
permitted to maintain at the station those documents already in place 
in their political file at the time the new rules become effective, and 
only upload documents to the online political file on a going-forward 
basis. With respect to radio, this NPRM proposes to commence the 
transition to the online file with commercial stations in larger 
markets with five or more full-time employees. In addition, the item 
invites comment on whether to temporarily delay the requirement to 
upload new political file material to the online file for small cable 
systems.
    4. The proposed action is authorized pursuant to sections 1, 2, 
4(i), 303, 315, 317, 335, 601, 611, 651 and 653 of the Communications 
Act, 47 U.S.C. 151, 152, 154(i), 303, 315, 317, 335, 601, 611, 651, and 
653.
    5. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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 SBA. Below, we 
provide a description of such small entities, as well as an estimate of 
the number of such small entities, where feasible.
    6. Cable Companies and Systems. The Commission has developed its 
own small business size standards for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small cable company'' is 
one serving 400,000 or fewer subscribers nationwide. Industry data 
shows that there were are currently 660 cable operators. Of this total, 
all but ten cable operators nationwide are small under this size 
standard. In addition, under the Commission's rate regulation rules, a 
``small system'' is a cable system serving 15,000 or fewer subscribers. 
Current Commission records show 4,629 cable systems nationwide. Of this 
total, 4,057 cable systems have less than 20,000 subscribers, and 572 
systems have 20,000 or more subscribers, based on the same records. 
Thus, under this standard, we estimate that most cable systems are 
small entities.
    7. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a size standard 
for small cable system operators, which is ``a cable operator that, 
directly or through an affiliate, serves in the aggregate fewer than 1 
percent of all subscribers in the United States and is not affiliated 
with any entity or entities whose gross annual revenues in the 
aggregate exceed $250,000,000.'' There are approximately 54 million 
cable video subscribers in the United States today. Accordingly, an 
operator serving fewer than 540,000 subscribers shall be deemed a small 
operator if its annual revenues, when combined with the total annual 
revenues of all its affiliates, do not exceed $250 million in the 
aggregate. Based on available data, we find that all but ten incumbent 
cable operators are small entities under this size standard. We note 
that the Commission neither requests nor collects information on 
whether cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million. Although it seems certain that 
some of these cable system operators are affiliated with entities whose 
gross annual revenues exceed $250,000,000, we are unable at this time 
to estimate with greater precision the number of cable system operators 
that would qualify as small cable operators under the definition in the 
Communications Act.
    8. Direct Broadcast Satellite (DBS) Service. DBS service is a 
nationally distributed subscription service that delivers video and 
audio programming via satellite to a small parabolic ``dish'' antenna 
at the subscriber's location. DBS, by exception, is now included in the 
SBA's broad economic census category, Wired Telecommunications 
Carriers, which was developed for small wireline businesses. Under this 
category, the SBA deems a wireline

[[Page 8046]]

business to be small if it has 1,500 or fewer employees. Census data 
for 2007 shows that there were 3,188 firms that operated for that 
entire year. Of this total, 2,940 firms had fewer than 100 employees, 
and 248 firms had 100 or more employees. Therefore, under this size 
standard, the majority of such businesses can be considered small 
entities. However, the data we have available as a basis for estimating 
the number of such small entities were gathered under a superseded SBA 
small business size standard formerly titled ``Cable and Other Program 
Distribution.'' As of 2002, the SBA defined a small Cable and Other 
Program Distribution provider as one with $12.5 million or less in 
annual receipts. Currently, only two entities provide DBS service, 
which requires a great investment of capital for operation: DIRECTV and 
DISH Network. Each currently offers subscription services. DIRECTV and 
DISH Network each report annual revenues that are in excess of the 
threshold for a small business. Because DBS service requires 
significant capital, we believe it is unlikely that a small entity as 
defined under the superseded SBA size standard would have the financial 
wherewithal to become a DBS service provider.
    9. Radio Broadcasting. The SBA defines a radio broadcast station as 
a small business if such station has no more than $38.5 million in 
annual receipts. Business concerns included in this industry are those 
``primarily engaged in broadcasting aural programs by radio to the 
public.'' According to review of the BIA Publications, Inc. Master 
Access Radio Analyzer Database as of November 26, 2013, about 11,331 
(or about 99.9 percent) of the then number of commercial radio stations 
(11,341) have revenues of $35.5 million or less and thus qualify as 
small entities under the SBA definition. The Commission has estimated 
the number of licensed noncommercial radio stations to be 4,082. The 
Commission does not compile and otherwise does not have access to 
information on the revenue of NCE stations that would permit it to 
determine how many such stations would qualify as small entities. These 
stations rely primarily on grants and contributions for their 
operations, so we will assume that all of these entities qualify as 
small businesses. We note that in assessing whether a business entity 
qualifies as small under the above definition, business control 
affiliations must be included. This estimate, therefore, likely 
overstates the number of small entities that might be affected, because 
the revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies.
    10. In addition, an element of the definition of ``small business'' 
is that the entity not be dominant in its field of operation. The 
Commission is unable at this time to define or quantify the criteria 
that would establish whether a specific radio station is dominant in 
its field of operation. Accordingly, the estimate of small businesses 
to which rules may apply does not exclude any radio station from the 
definition of a small business on this basis and therefore may be over-
inclusive to that extent. Also, as noted, an additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria in the context of media 
entities and the estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    11. Satellite Radio. The rules proposed in this NPRM would affect 
the sole, current U.S. provider of satellite radio (``SDARS'') 
services, XM-Sirius, which offers subscription services. XM-Sirius 
reported revenue of $3.8 billion in 2013 and a net income of $377 
million. In light of these figures, we believe it is unlikely that this 
entity would be considered small.
    12. Open Video Systems. The open video system (OVS) framework was 
established in 1996, and is one of four statutorily recognized options 
for the provision of video programming services by local exchange 
carriers. The OVS framework provides opportunities for the distribution 
of video programming other than through cable systems. Because OVS 
operators provide subscription services, OVS falls within the SBA small 
business size standard covering cable services, which is ``Wired 
Telecommunications Carriers.'' The SBA has developed a small business 
size standard for this category, which is: All such businesses having 
1,500 or fewer employees. Census data for 2007 shows that there were 
3,188 firms that operated for that entire year. Of this total, 2,940 
firms had fewer than 100 employees, and 248 firms had 100 or more 
employees. Therefore, under this size standard, we estimate that the 
majority of these businesses can be considered small entities.
    13. Certain rule changes proposed in this NPRM would affect 
reporting, recordkeeping, or other compliance requirements. Cable, DBS, 
radio, and SDARS entities are currently required to maintain a 
``local'' copy of their public inspection files. This NPRM proposes to 
require that these files be maintained online in the database hosted by 
the Commission. Entities subject to this requirement would be required 
to upload certain documents currently maintained in their local files 
to the online database.
    14. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standard; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    15. This NPRM proposes a number of measures to minimize the effort 
and cost entities must undertake to move their pubic files online. 
Specifically, we propose to require entities only to upload to the 
online file public file documents that are not already on file with the 
Commission or that the Commission maintains in its own database. We 
also propose to exempt existing political file material from the online 
file requirement and to require only that political file documents be 
uploaded on a going-forward basis. In addition, with only minor 
exceptions--requiring cable operators to provide information about the 
geographic areas they serve, clarifying the documents required to be 
included in the cable public file, and requiring cable, DBS, broadcast 
radio, and SDARS entities to provide the location and contact 
information for their local file--we do not propose new or modified 
public inspection file requirements in this proceeding. Our goal is 
simply to adapt our existing public file requirements to an online 
format. While we recognize that entities may incur a modest, one-time 
transitional cost to upload some portions of their existing public file 
to the online database, we believe this initial expense will be offset 
by the public benefits of online disclosure. We also believe that, over 
time, entities will benefit from the lower costs of sending documents 
electronically to the Commission as opposed to creating and maintaining 
a paper file at the local or headquarters' office or main studio and 
assisting the public in accessing it. While we propose to place the 
entire public file online, we invite comment on whether we should 
instead require only that certain components of the

[[Page 8047]]

public file be placed on the Commission's online database. We note that 
limiting online file requirements to certain components of the public 
file would require entities to upload certain documents and maintain 
others in the local public file, thereby potentially imposing a greater 
burden than moving documents to the online file over time.
    16. In addition, with respect to radio licensees this NPRM proposes 
to commence 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. This NPRM also proposes to exempt small cable systems 
temporarily from the requirement to commence uploading new political 
file material to the online public file and proposes to exempt very 
small cable systems from all requirements to upload documents to the 
Commission's online database. Finally, this NPRM also seeks comment on 
whether we should exclude certain radio stations from all online public 
file requirements, rather than simply delaying implementation of 
certain requirements.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    None.

B. Paperwork Reduction Act Analysis

    17. This document contains proposed information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, we seek specific comment on how we might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''

C. Ex Parte Rules

    18. Permit-But-Disclose. This proceeding will be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule Sec.  1.1206(b). In proceedings governed 
by rule Sec.  1.49(f) or for which the Commission has made available a 
method of electronic filing, written ex parte presentations and 
memoranda summarizing oral ex parte presentations, and all attachments 
thereto, must be filed through the electronic comment filing system 
available for that proceeding, and must be filed in their native format 
(e.g., .doc, .xml, .ppt, searchable.pdf). Participants in this 
proceeding should familiarize themselves with the Commission's ex parte 
rules.

D. Filing Requirements

    19. Comments and Replies. 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 the 
Commission's Electronic Comment Filing System (ECFS). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy 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.
    [ssquf] 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.
    [ssquf] 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 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] 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.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    [ssquf] People with Disabilities: 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 & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    20. Additional Information. For additional information on this 
proceeding, please contact Kim Matthews of the Media Bureau, Policy 
Division, Kim.Matthews@fcc.gov, (202) 418-2154.

V. Ordering Clauses

    21. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 4(i), 4(j), 303(r), and 335 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 
303(r), and 335 this Notice of Proposed Rulemaking is adopted.
    22. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.
    23. It is further ordered that the Petition for Rulemaking filed by 
the Campaign Legal Center, Common Cause, and the Sunlight Foundation is 
granted.

List of Subjects

47 CFR Part 25

    Direct Broadcast Satellite, Satellite radio.

47 CFR Part 73

    Broadcast radio.

[[Page 8048]]

47 CFR Part 76

    Cable television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 25, 73, and 76 
as follows:

PART 25--SATELLITE COMMUNICATIONS

0
1. The Authority citation for Part 25 continues to read as follows:

    Authority: Interprets or applies sections 4, 301, 302, 303, 307, 
309, 319, 332, 705, and 721 of the Communications Act, as amended, 
47 U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, 605, and 721, 
unless otherwise noted.

0
2. Section 25.601 is revised to read as follows:


Sec.  25.601  Equal employment opportunities.

    Notwithstanding other EEO provisions within these rules, an entity 
that uses an owned or leased Fixed-Satellite Service or Direct 
Broadcast Satellite Service or 17/24 GHz Broadcasting-Satellite Service 
facility (operating under this part) to provide video programming 
directly to the public on a subscription basis must comply with the 
equal employment opportunity requirements set forth in part 76, subpart 
E, of this chapter, if such entity exercises control (as defined in 
part 76, subpart E, of this chapter) over the video programming it 
distributes. Notwithstanding other EEO provisions within these rules, a 
licensee or permittee of a direct broadcast satellite station operating 
as a broadcaster, and a licensee or permittee in the satellite DARS 
service, must comply with the equal employment opportunity requirements 
set forth in part 73.
0
3. Section 25.701 is amended by revising the section heading and 
paragraphs (d), (e)(3), and (f)(6) to read as follows:


Sec.  25.701  Other DBS public interest obligations.

* * * * *
    (d) Political file. Each DBS provider shall maintain a complete and 
orderly political file.
    (1) The political file shall contain, at a minimum:
    (i) A record of all requests for DBS origination time, the 
disposition of those requests, and the charges made, if any, if the 
request is granted. The ``disposition'' includes the schedule of time 
purchased, when spots actually aired, the rates charged, and the 
classes of time purchased; and
    (ii) A record of the free time provided if free time is provided 
for use by or on behalf of candidates.
    (2) All records required to be retained by this section must be 
placed in the political file as soon as possible and must be retained 
for a period of two years. After the effective date of this section, 
DBS providers shall place all new political file material required to 
be retained by this section in the online file hosted by the 
Commission.
    (3) DBS providers shall assist callers by answering questions about 
the contents of their political files.
    (e) * * *
    (3) DBS providers airing children's programming must maintain in 
the online file hosted by the Commission records sufficient to verify 
compliance with this rule. Such records must be maintained for a period 
sufficient to cover the limitations period specified in 47 U.S.C. 
503(b)(6)(B).
* * * * *
    (f) * * *
    (6) Public file. (i) In addition to the political file requirements 
in Sec.  25.701, each DBS provider shall maintain in the online file 
hosted by the Commission a complete and orderly record of:
    (A) Quarterly measurements of channel capacity and yearly average 
calculations on which it bases its four percent reservation, as well as 
its response to any capacity changes;
    (B) 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;
    (C) A record of entities that have requested capacity, disposition 
of those requests and reasons for the disposition.
    (ii) All records required by paragraph (f)(6)(i) of this section 
shall be placed in the online file hosted by the Commission as soon as 
possible and shall be retained for a period of two years.
    (iii) Each DBS provider must also place in the online file hosted 
by the Commission the records required to be placed in the public 
inspection file by Sec.  25.701(e) (commercial limits in children's 
programs) and by Sec.  25.601 and 47 CFR part 76, subpart E (equal 
employment opportunity requirements) and retain those records for the 
period required by those rules.
    (iv) Each DBS provider 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 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 also must include in the online public file the 
address of the provider's local public file and the name, phone number, 
and email address of the provider's designated contact for questions 
about the public file.
* * * * *
0
4. Section 25.702 is added to read as follows:


Sec.  25.702  Other SDARS Public interest obligations.

    (a) Political broadcasting requirements. The following political 
broadcasting rules shall apply to all SDARS licensees: 47 CFR 73.1940 
(Legally qualified candidates for public office), 73.1941 (Equal 
opportunities), and 73.1944 (Reasonable access).
    (b) Political file. Each SDARS licensee shall maintain a complete 
and orderly political file.
    (1) The political file shall contain, at a minimum:
    (i) A record of all requests for SDARS origination time, the 
disposition of those requests, and the charges made, if any, if the 
request is granted. The ``disposition'' includes the schedule of time 
purchased, when spots actually aired, the rates charged, and the 
classes of time purchased; and
    (ii) A record of the free time provided if free time is provided 
for use by or on behalf of candidates.
    (2) SDARS licensees shall place all records required by this 
section in the political file as soon as possible and shall retain the 
records for a period of two years. After the effective date of this 
section, SDARS licensees shall place all new political file material 
required to be retained by this section in the online file hosted by 
the Commission.
    (c) Public inspection file. Each SDARS applicant or licensee must 
also 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 (EEO)) and 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 also must include

[[Page 8049]]

in the online public file the address of the licensee's local public 
file and the name, phone number, and email address of the licensee's 
designated contact for questions about the public file.

PART 73--RADIO BROADCAST SERVICES

0
5. The Authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.

0
6. Section 73.1943 is amended by revising paragraph (d) to read as 
follows:


Sec.  73.1943  Political file.

* * * * *
    (d) Location of the file. A licensee or applicant must post all of 
the contents added to its political file after the effective date of 
this subsection in the political file component of its online public 
file hosted by the Commission. A station must retain in its political 
file maintained at the station, at the location specified in Sec.  
73.3526(b) or Sec.  73.3527(b), all material required to be included in 
the political file and added to the file prior to the effective date of 
this subsection. The online political file must be updated in the same 
manner as paragraph (c) of this section.
0
7. Section 73.3526 is amended by revising paragraph (b) to read as 
follows:


Sec.  73.3526  Local public inspection file of commercial stations.

* * * * *
    (b) Location of the file. The public inspection file shall be 
located as follows:
    (1) For radio licensees temporarily exempt from the online file, as 
discussed in paragraph (b)(2) of this section, a hard copy of the 
public inspection file shall be maintained at the main studio of the 
station. For all licensees, letters and emails from the public, as 
required by paragraph (e)(9) of this section, shall be maintained at 
the main studio of the station. An applicant for a new station or 
change of community shall maintain its file at an accessible place in 
the proposed community of license or at its proposed main studio.
    (2)(i) A television station licensee or applicant, and any radio 
station licensee or applicant not temporarily exempt as described in 
this paragraph, shall place the contents required by paragraph (e) of 
this section, of its public inspection file on the online file hosted 
by the Commission, with the exception of letters and emails from the 
public as required by paragraph (e)(9) of this section, which shall be 
retained at the station in the manner discussed in paragraph (b)(1) of 
this section; and the political file as required by paragraph (e)(6) of 
this section, as discussed in paragraph (b)(3) of this section. Any 
radio station not in the top 50 Nielsen Audio markets, and any radio 
station with fewer than five full-time employees, shall continue to 
retain the public inspection file at the station in the manner 
discussed in paragraph (b)(1) of this section until [2 years following 
the effective date of the Report and Order in MB Docket No. 14-127]. 
However, any radio station that is not required to place its public 
inspection file in the online file hosted by the Commission before [2 
years following the effective date of the Report and Order in MB Docket 
No. 14-127] may choose to do so, instead of retaining the public 
inspection file at the station in the manner discussed in paragraph 
(b)(1) of this section.
    (ii) A station 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 station has a Web site, and provide contact information on 
its Web site for a station representative that can assist any person 
with disabilities with issues related to the content of the public 
files. A station also is required to include in the online public file 
the station's main studio address and telephone number, and the email 
address of the station's designated contact for questions about the 
public file. To the extent this section refers to the local public 
inspection file, it refers to the public file of an individual station, 
which is either maintained at the station or on the Commission's Web 
site, depending upon where the documents are required to be maintained 
under the Commission's rules.
    (3)(i) A licensee or applicant shall place the contents required by 
paragraph (e)(6) of this section of its political inspection file in 
the online file hosted by the Commission. Political inspection file 
material in existence 30 days after the effective date of this 
provision shall continue to be retained at the station in the manner 
discussed in paragraph (b)(1) of this section until the end of its 
retention period.
    (ii) Any television station not in the top 50 DMAs, and any station 
not affiliated with one of the top four broadcast networks, regardless 
of the size of the market it serves, shall continue to retain the 
political file at the station in the manner discussed in paragraph 
(b)(1) of this section until July 1, 2014. For these stations, 
effective July 1, 2014, any new political file material shall be placed 
in the online file hosted by the Commission, while the material in the 
political file as of July 1, 2014, if not placed in the Commission's 
Web site, shall continue to be retained at the station in the manner 
discussed in paragraph (b)(1) of this section until the end of its 
retention period. However, any station that is not required to place 
its political file in the online file hosted by the Commission before 
July 1, 2014 may choose to do so, instead of retaining the political 
file at the station in the manner discussed in paragraph (b)(1) of this 
section.
    (iii) Any radio station not in the top 50 Nielsen Audio markets, 
and any radio station with fewer than five full-time employees, shall 
continue to retain the political file at the station in the matter 
discussed in paragraph (b)(1) of this section until [2 years following 
the effective date of the Report and Order in MB Docket No. 14-127]. 
For these stations, effective [2 years following the effective date of 
the Report and Order in MB Docket No. 14-127], any new political file 
material shall be placed in the online file hosted by the Commission, 
while the material in the political file as of [2 years following the 
effective date of the Report and Order in MB Docket No. 14-127], if not 
placed in the online file hosted by the Commission, shall continue to 
be retained at the station in the manner discussed in paragraph (b)(1) 
of this section until the end of its retention period. However, any 
station that is not required to place its political file on the 
Commission's Web site before [2 years following the effective date of 
the Report and Order in MB Docket No. 14-127] may choose to do so, 
instead of retaining the political file at the station in the manner 
discussed in paragraph (b)(1) of this section.
    (4) The Commission will automatically link the following items to 
the electronic version of all licensee and applicant public inspection 
files, to the extent that the Commission has these items 
electronically: Authorizations, applications, contour maps; ownership 
reports and related materials; portions of the Equal Employment 
Opportunity file held by the Commission; ``The Public and 
Broadcasting''; Letters of Inquiry and other investigative information 
requests from the Commission, unless otherwise directed by the inquiry 
itself; Children's television programming reports; and DTV transition 
education reports. In the event that the online public file does not 
reflect such required information, the licensee will be responsible for 
posting such material.
* * * * *

[[Page 8050]]

0
8. Section 73.3527 is amended by revising paragraph (b) to read as 
follows:


Sec.  73.3527  Local public inspection file of noncommercial 
educational stations.

* * * * *
    (b) Location of the file. The public inspection file shall be 
located as follows:
    (1) For radio licensees, a hard copy of the public inspection file 
shall be maintained at the main studio of the station until [2 years 
following the effective date of the Report and Order in MB Docket No. 
14-127] except that, as discussed in paragraph (b)(2)(ii) of this 
section, any radio station may voluntarily place its public inspection 
file online before [2 years following the effective date of the Report 
and Order in MB Docket No. 14-127] if it chooses to do so instead of 
retaining the file at the station. An applicant for a new station or 
change of community shall maintain its file at an accessible place in 
the proposed community of license or at its proposed main studio.
    (2)(i) A noncommercial educational television station licensee or 
applicant shall place the contents required by paragraph (e) of its 
public inspection file in the online file hosted by the Commission, 
with the exception of the political file as required by paragraph 
(e)(5) of this section, which may be retained at the station in the 
manner discussed in paragraph (b)(1) of this section until July 1, 
2014. Effective July 1, 2014, any new political file material shall be 
placed in the online file hosted by the Commission, while the material 
in the political file as of July 1, 2014, if not placed on the 
Commission's Web site, shall continue to be retained at the station in 
the manner discussed in paragraph (b)(1) of this section until the end 
of its retention period. However, any noncommercial educational station 
that is not required to place its political file in the online file 
hosted by the Commission before July 1, 2014 may choose to do so 
instead of retaining the political file at the station in the manner 
discussed in paragraph (b)(1) of this section.
    (ii) Beginning [2 years following the effective date of the Report 
and Order in MB Docket No. 14-127], noncommercial educational radio 
station licensees and applicants shall place the contents required by 
paragraph (e) of this section in the online public inspection file 
hosted by the Commission. For these stations, effective [2 years 
following the effective date of the Report and Order in MB Docket No. 
14-127], any new political file material shall be placed on the 
Commission's Web site, while the material in the political file as of 
[2 years following the effective date of the Report and Order in MB 
Docket No. 14-127], if not placed in the online file hosted by the 
Commission, shall continue to be retained at the station in the manner 
discussed in paragraph (b)(1) of this section until the end of its 
retention period. However, any radio station that is not required to 
place its public inspection file in the online file hosted by the 
Commission before [2 years following the effective date of the Report 
and Order in MB Docket No. 14-127] may choose to do so, instead of 
retaining the public inspection file at the station in the manner 
discussed in paragraph (b)(1) of this section.
    (iii) A station 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 station has a Web site, and provide contact information 
for a station representative on its Web site that can assist any person 
with disabilities with issues related to the content of the public 
files. A station also is required to include in the online public file 
the station's main studio address and telephone number, and the email 
address of the station's designated contact for questions about the 
public file. To the extent this section refers to the local public 
inspection file, it refers to the public file of an individual station, 
which is either maintained at the station or on the Commission's Web 
site, depending upon where the documents are required to be maintained 
under the Commission's rules.
    (3) The Commission will automatically link the following items to 
the electronic version of all licensee and applicant public inspection 
files, to the extent that the Commission has these items 
electronically: Authorizations; applications; contour maps; ownership 
reports and related materials; portions of the Equal Employment 
Opportunity file held by the Commission; and ``The Public and 
Broadcasting''.
* * * * *
0
9. Section 73.3580 is amended by revising paragraphs (d)(4)(i) and (ii) 
to read as follows:


Sec.  73.3580  Local public notice of filing of broadcast applications.

* * * * *
    (d) * * *
    (4) * * *
    (i) Pre-filing announcements. During the period and beginning on 
the first day of the sixth calendar month prior to the expiration of 
the license, and continuing to the date on which the application is 
filed, the following announcement shall be broadcast on the 1st and 
16th day of each calendar month. Stations broadcasting primarily in a 
foreign language should broadcast the announcements in that language.
    Radio announcement: On (date of last renewal grant) (Station's call 
letters) was granted a license by the Federal Communication Commission 
to serve the public interest as a public trustee until (expiration 
date).
    Our license will expire on (date). We must file an application for 
renewal with the FCC (date four calendar months prior to expiration 
date). When filed, a copy of this application will be available for 
public inspection at www.fcc.gov. It contains information concerning 
this station's performance during the last (period of time covered by 
the application).
    Individuals who wish to advise the FCC of facts relating to our 
renewal application and to whether this station has operated in the 
public interest should file comments and petitions with the FCC by 
(date first day of last full calendar month prior to the month of 
expiration).
    Further information concerning the FCC's broadcast license renewal 
process is available at (address of location of the station's public 
inspection file) or may be obtained from the FCC, Washington, DC 20554.
    Television announcement: On (date of last renewal grant) (Station's 
call letters) was granted a license by the Federal Communication 
Commission to serve the public interest as a public trustee until 
(expiration date).
    Our license will expire on (date). We must file an application for 
renewal with the FCC (date four calendar months prior to expiration 
date). When filed, a copy of this application will be available for 
public inspection at www.fcc.gov. It contains information concerning 
this station's performance during the last (period of time covered by 
the application).
    Individuals who wish to advise the FCC of facts relating to our 
renewal application and to whether this station has operated in the 
public interest should file comments and petitions with the FCC by 
(date first day of last full calendar month prior to the month of 
expiration).
    Further information concerning the FCC's broadcast license renewal 
process is available at (address of location of the station) or may be 
obtained from the FCC, Washington, DC 20554.
* * * * *
    (ii) Post-filing announcements. During the period beginning of the 
date on which the renewal application is filed to the sixteenth day of 
the next to last full

[[Page 8051]]

calendar month prior to the expiration of the license, all applications 
for renewal of broadcast station licenses shall broadcast the following 
announcement on the 1st and 16th day of each calendar month. Stations 
broadcasting primarily in a foreign language should broadcast the 
announcements in that language.
    Television announcement: On (date of last renewal grant) (Station's 
call letters) was granted a license by the Federal Communications 
Commission to serve the public interest as a public trustee until 
(expiration date).
    Our license will expire on (date). We have filed an application for 
renewal with the FCC.
    A copy of this application is available for public inspection at 
www.fcc.gov. It contains information concerning this station's 
performance during the last (period of time covered by application).
    Individuals who wish to advise the FCC of facts relating to our 
renewal application and to whether this station has operated in the 
public interest should file comments and petitions with the FCC by 
(date first day of last full calendar month prior to the month of 
expiration).
    Further information concerning the FCC's broadcast license renewal 
process is available at (address of location of the station) or may be 
obtained from the FCC, Washington, DC 20554.
    Radio announcement: On (date of last renewal grant) (Station's call 
letters) was granted a license by the Federal Communications Commission 
to serve the public interest as a public trustee until (expiration 
date).
    Our license will expire on (date). We have filed an application for 
renewal with the FCC.
    A copy of this application is available for public inspection at 
www.fcc.gov. It contains information concerning this station's 
performance during the last (period of time covered by application).
    Individuals who wish to advise the FCC of facts relating to our 
renewal application and to whether this station has operated in the 
public interest should file comments and petitions with the FCC by 
(date first day of last full calendar month prior to the month of 
expiration).
    Further information concerning the FCC's broadcast license renewal 
process is available at (address of location of the station's public 
inspection file) or may be obtained from the FCC, Washington, DC 20554.
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
10. The Authority citation for Part 76 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 
522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 
552, 554, 556, 558, 560, 561, 571, 572, 573.

0
11. Section 76.630 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  76.630  Compatibility with consumer electronics equipment.

    (a) * * *
    (2) Requests for waivers of this prohibition must demonstrate 
either a substantial problem with theft of basic tier service or a 
strong need to scramble basic signals for other reasons. As part of 
this showing, cable operators are required to notify subscribers by 
mail of waiver requests. The notice to subscribers must be mailed no 
later than 30 calendar days from the date the request for waiver was 
filed with the Commission, and cable operators must inform the 
Commission in writing, as soon as possible, of that notification date. 
The notification to subscribers must state:

    On (date of waiver request was filed with the Commission), 
(cable operator's name) filed with the Federal Communications 
Commission a request for waiver of the rule prohibiting scrambling 
of channels on the basic tier of service. 47 CFR 76.630(a). The 
request for waiver states (a brief summary of the waiver request). A 
copy of the request for waiver shall be available for public 
inspection at www.fcc.gov.
    Individuals who wish to comment on this request for waiver 
should mail comments to the Federal Communications Commission by no 
later than 30 days from (the date the notification was mailed to 
subscribers). Those comments should be addressed to the: Federal 
Communications Commission, Media Bureau, Washington, DC 20554, and 
should include the name of the cable operator to whom the comments 
are applicable. Individuals should also send a copy of their 
comments to (the cable operator at its local place of business).
    Cable operators may file comments in reply no later than 7 days 
from the date subscriber comments must be filed.
* * * * *
0
12. Section 76.1700 is revised to read as follows:


Sec.  76.1700  Records to be maintained by cable system operators.

    (a) Public inspection file. The following records must be placed in 
the online public file hosted by the Commission, except as indicated in 
Sec.  76.1700(d) and except that the records listed in 76.1700(1) 
(political file) that are in existence 30 days after the effective date 
of this provision shall continue to be retained at the system and made 
available to the public in the manner discussed in paragraph (e) of 
this section until the end of the retention period. In addition, any 
cable system with fewer than 5,000 subscribers shall continue to retain 
the political file at the system in the manner discussed in paragraph 
(e) of this section until [2 years following the effective date of the 
Report and Order in MB Docket No. 14-127]. For these systems, effective 
[2 years following the effective date of the Report and Order in MB 
Docket No. 14-127], any new political file material shall be placed in 
the online file hosted by the Commission, while the material in the 
political file as of [2 years following the effective date of the 
Report and Order in MB Docket No. 14-127], if not placed on the 
Commission's Web site, shall continue to be retained at the system in 
the manner discussed in paragraph (e) of this section until the end of 
its retention period. However, any system that is not required to place 
its political file on the Commission's Web site before [2 years 
following the effective date of the Report and Order in MB Docket No. 
14-127] may choose to do so, instead of retaining the political file at 
the system in the manner discussed in paragraph (e) of this section.
    (1) Political file. All requests for cablecast time made by or on 
behalf of a candidate for public office and all other information 
required to be maintained pursuant to Sec.  76.1701;
    (2) Equal employment opportunity. All EEO materials described in 
Sec.  76.1702 except for any EEO program annual reports, which the 
Commission will link to the electronic version of all systems' public 
inspection files;
    (3) Commercial records on children's programs. Sufficient records 
to verify compliance with Sec.  76.225 in accordance with Sec.  
76.1703;
    (4) Performance tests (channels delivered). The operator of each 
cable television system shall maintain at its local office a current 
listing of the cable television channels which that system delivers to 
its subscribers in accordance with Sec.  76.1705;
    (5) Leased access. If a cable operator adopts and enforces written 
policy regarding indecent leased access programming, such a policy 
shall be published in accordance with Sec.  76.1707;
    (6) Principal headend. The operator of every cable system shall 
maintain the designation and location of its principal headend in 
accordance with Sec.  76.1708;
    (7) Availability of signals. The operator of every cable television 
system

[[Page 8052]]

shall maintain a list of all broadcast television stations carried by 
its system in fulfillment of the must-carry requirements in accordance 
with Sec.  76.1709;
    (8) Operator interests in video programming. Cable operators shall 
maintain records regarding the nature and extent of their attributable 
interests in all video programming services as well as information 
regarding their carriage of such vertically integrated video 
programming services on cable systems in which they have an 
attributable interests in accordance with Sec.  76.1710;
    (9) Sponsorship identification. Whenever sponsorship announcements 
are omitted pursuant to Sec.  76.1615(f) of subpart T, the cable 
television system operator shall maintain a list in accordance with 
Sec.  76.1715;
    (10) Compatibility with consumer electronics equipment. Cable 
system operators generally may not scramble or otherwise encrypt 
signals carried on the basic service tier. Copies of requests for 
waivers of this prohibition must be available in the public inspection 
file in accordance with Sec.  76.630.
    (b) Information available to the franchisor. These records must be 
made available by cable system operators to local franchising 
authorities on reasonable notice and during regular business hours, 
except as indicated in Sec.  76.1700(d).
    (1) Proof-of-performance test data. The proof of performance tests 
shall be made available upon request in accordance with Sec.  76.1704;
    (2) Complaint resolution. Cable system operators shall establish a 
process for resolving complaints from subscribers about the quality of 
the television signal delivered. Aggregate data based upon these 
complaints shall be made available for inspection in accordance with 
Sec.  76.1713.
    (c) Information available to the Commission. These records must be 
made available by cable system operators to the Commission on 
reasonable notice and during regular business hours, except as 
indicated in Sec.  76.1700(d).
    (1) Proof-of-performance test data. The proof of performance tests 
shall be made available upon request in accordance with Sec.  76.1704;
    (2) Signal leakage logs and repair records. Cable operators shall 
maintain a log showing the date and location of each leakage source in 
accordance with Sec.  76.1706;
    (3) Emergency alert system and activations. Every cable system 
shall keep a record of each test and activation of the Emergency Alert 
System (EAS). The test is performed pursuant to the procedures and 
requirements of part 11 of this chapter and the EAS Operating Handbook. 
The records are kept in accordance with part 11 and Sec.  76.1711 of 
this chapter;
    (4) Complaint resolution. Cable system operators shall establish a 
process for resolving complaints from subscribers about the quality of 
the television signal delivered. Aggregate data based upon these 
complaints shall be made available for inspection in accordance with 
Sec.  76.1713;
    (5) Subscriber records and public inspection file. The operator of 
a cable television system shall make the system, its public inspection 
file, and its records of subscribers available for inspection upon 
request in accordance with Sec.  76.1716.
    (d) Exceptions to the public inspection file requirements. The 
operator of every cable television system having fewer than 1,000 
subscribers is exempt from the online public file and from the public 
record requirements contained in Sec.  76.1701 (political file); Sec.  
76.1702 (EEO records available for public inspection); Sec.  76.1703 
(commercial records for children's programming); Sec.  76.1704 (proof-
of-performance test data); Sec.  76.1706 (signal leakage logs and 
repair records); Sec.  76.1714 (FCC rules and regulations); and Sec.  
76.1715 (sponsorship identification).
    (e) Location of records. Political file material that continues to 
be retained at the system shall be retained in a public inspection file 
maintained at the office in the community served by the system that the 
system operator maintains for the ordinary collection of subscriber 
charges, resolution of subscriber complaints, and other business and, 
if the system operator does not maintain such an office in the 
community, at any accessible place in the communities served by the 
system (such as a public registry for documents or an attorney's 
office). Public file locations will be open at least during normal 
business hours and will be conveniently located. The public inspection 
file shall be available for public inspection at any time during 
regular business hours for the facility where they are kept. All or 
part of the public inspection file may be maintained in a computer 
database, as long as a computer terminal capable of accessing the 
database is made available, at the location of the file, to members of 
the public who wish to review the file.
    (f) Links and contact and geographic information. A system 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 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 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 
geographic areas served by the system. To the extent this section 
refers to the local public inspection file, it refers to the public 
file of a physical system, which is either maintained at the location 
described in paragraph (e) of this section or on the Commission's Web 
site, depending upon where the documents are required to be maintained 
under the Commission's rules.
    (g) Reproduction of records. Copies of any material in the public 
inspection file shall be available for machine reproduction upon 
request made in person, provided the requesting party shall pay the 
reasonable cost of reproduction. Requests for machine copies shall 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.
0
13. Section 76.1709 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  76.1709  Availability of signals.

    (a) The operator of every cable television system shall maintain 
for public inspection a file containing a list of all broadcast 
television stations carried by its system in fulfillment of the must-
carry requirements pursuant to Sec.  76.56. Such list shall include the 
call sign, community of license, broadcast channel number, cable 
channel number, and in the case of a noncommercial educational 
broadcast station, whether that station was carried by the cable system 
on March 29, 1990.
    (b) Such records must be maintained in accordance with the 
provisions of Sec.  76.1700.
* * * * *
[FR Doc. 2015-02531 Filed 2-12-15; 8:45 am]
BILLING CODE 6712-01-P