Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions; Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, 40957-40968 [2015-16537]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Proposed Rules]
[Pages 40957-40968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16537]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[GN Docket No. 12-268; MB Docket No. 15-137; FCC 15-67]


Expanding the Economic and Innovation Opportunities of Spectrum 
Through Incentive Auctions; Channel Sharing by Full Power and Class A 
Stations Outside the Broadcast Television Spectrum Incentive Auction 
Context

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this Notice of Proposed Rulemaking (NPRM), the Commission 
tentatively concludes that we should authorize channel sharing by full 
power and Class A stations outside the incentive auction context, 
including ``second generation'' agreements in which one or both 
entities were parties to an auction-related CSA whose term has expired 
or that has otherwise been terminated. By providing greater flexibility 
and certainty regarding CSAs, our objective is to encourage voluntary 
participation by broadcasters in the incentive auction.

DATES: Comments may be filed on or before August 13, 2015, and reply 
comments may be filed August 28, 2015. Written comments on the proposed 
information collection requirements, subject to the Paperwork Reduction 
Act (PRA) of 1995, Public Law 104-13, should be submitted on or before 
September 14, 2015.

ADDRESSES: You may submit comments, identified by MB Docket No. 15-137, 
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 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, FCC 15-67, adopted on June 11, 2015 and 
released on June 12, 2015. The full text of this document is available 
for public inspection and copying during regular business hours in the 
FCC Reference Center, Federal Communications Commission, 445 12th 
Street SW., Room CY-A257, Washington, DC 20554. The complete text may 
be purchased from the Commission's copy contractor, 445 12th Street 
SW., Room CY-B402, 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)

[[Page 40958]]

418-0530 (voice), (202) 418-0432 (TTY).

Paperwork Reduction Act of 1995 Analysis

    The 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.
    The information collections are as follows:
    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301; FCC Form 2100, Application for Media Bureau 
Audio and Video Service Authorization, Schedule A.
    Form Number: FCC Form 301; FCC Form 2100, Schedule A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or Tribal governments.
    Number of Respondents and Responses: 3,825respondents; 7,361 
responses.
    Estimated Time per Response: 1-8 hours.
    Frequency of Response: On occasion and one-time reporting 
requirements; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
contained in Sections 154(i), 303 and 308 of the Communications Act of 
1934, as amended and the Middle Class Tax Relief and Job Creation Act 
of 2012 (``Spectrum Act'').
    Total Annual Burden: 18,022 hours.
    Total Annual Cost: $69,634,713.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On June 12, 2015, the Commission released a First 
Order on Reconsideration and Notice of Proposed Rulemaking, In the 
Matter of Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, GN Docket No. 12-268 and MB Docket 
No. 15-137, FCC 15-67. This document contains proposed rules for 
channel sharing by and between full power and Class A television 
stations outside the context of the incentive auction. The proposed 
rules would allow full power stations to share a single channel with 
other full power or Class A stations. Full power stations will use FCC 
Form 2100, Schedule A to apply for a construction permit for the 
technical facilities it proposes to share with another station. The 
application for a construction permit to channel share must include a 
copy of the channel sharing agreement (``CSA'') between the stations 
Each CSA must include provisions governing certain key aspects of the 
stations' operations including: access to facilities; allocation of 
bandwidth within the shared channel; operation maintenance, repair, and 
modification of facilities; and termination or transfer/assignment of 
rights to the shared license. We propose to treat applications to 
channel share outside the auction context as minor change 
applications--that is, they would not be subject to local public notice 
requirements or a 30-day petition to deny filing window.
    The Commission's proposed rules would also require stations 
participating in CSAs to provide notice to MVPDs that: (1) No longer 
will be required to carry the station because of the relocation of the 
station; (2) currently carry and will continue to be obligated to carry 
a station that will change channels; or (3) will become obligated to 
carry the station due to a channel sharing relocation. We propose that 
the notice contain the following information: (1) Date and time of any 
channel changes; (2) the channel occupied by the station before and 
after implementation of the CSA; (3) modification, if any, to antenna 
position, location, or power levels; (4) stream identification 
information; and (5) engineering staff contact information. We propose 
that stations be able to elect whether to provide notice via a letter 
notification or provide notice electronically, if pre-arranged with the 
relevant MVPD. We also propose to require that sharee stations provide 
notice at least 30 days prior to terminating operations on the sharee's 
channel and that both sharer and sharee stations provide notice at 
least 30 days prior to initiation of operations on the sharer channel. 
Should the anticipated date to either cease operations or commence 
channel sharing operations change, we propose to require that the 
station(s) send a further notice to affected MVPDs informing them of 
the new anticipated date(s).
    No changes to FCC Form 2100, Schedule A are required for it to be 
used to file applications for channel sharing outside the auction 
context; this collection is being changed to reflect the proposed use 
of the form for a new purpose--to propose channel sharing outside the 
context of the incentive auction. This collection is also being changed 
to reflect the burden associated with preparing a CSA in connection 
with channel sharing as well as the burden associated with providing 
the required notification to MVPDs.
    OMB Control Number: 3060-0932.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule E (Former FCC Form 301-CA); 47 CFR 
74.793(d).
    Form Number: FCC Form 2100, Schedule E.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or Tribal governments.

[[Page 40959]]

    Number of Respondents and Responses: 450 respondents; 500 
responses.
    Estimated Time per Response: 1-8 hours.
    Frequency of Response: On occasion reporting requirement, One time 
reporting requirement and third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
contained in Sections 154(i), 307, 308, 309, and 319 of the 
Communications Act of 1934, as amended, the Community Broadcasters 
Protection Act of 1999, and the Middle Class Tax Relief and Job 
Creation Act of 2012 (``Spectrum Act'').
    Total Annual Burden: 4,050 hours.
    Total Annual Cost: $2,879,200.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality for this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On June 12, 2015, the Commission released a First 
Order on Reconsideration and Notice of Proposed Rulemaking, In the 
Matter of Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, GN Docket No. 12-268 and MB Docket 
No. 15-137, FCC 15-67. This document contains proposed rules for 
channel sharing by and between full power and Class A television 
stations outside the context of the incentive auction. The proposed 
rules would allow Class A television stations to share a single channel 
with other full power or Class A stations. Class A stations will use 
FCC Form 2100, Schedule E (formerly FCC Form 301-CA) to apply for a 
construction permit for the technical facilities it proposes to share 
with another station.
    The application for a construction permit to channel share must 
include a copy of the channel sharing agreement (``CSA'') between the 
stations Each CSA must include provisions governing certain key aspects 
of the stations' operations including: access to facilities; allocation 
of bandwidth within the shared channel; operation maintenance, repair, 
and modification of facilities; and termination or transfer/assignment 
of rights to the shared license. We propose to treat applications to 
channel share outside the auction context as minor change 
applications--that is, they would not be subject to local public notice 
requirements or a 30-day petition to deny filing window.
    The Commission's proposed rules would also require stations 
participating in CSAs to provide notice to multichannel video 
programming distributors (MVPDs) that: (1) No longer will be required 
to carry the station because of the relocation of the station; (2) 
currently carry and will continue to be obligated to carry a station 
that will change channels; or (3) will become obligated to carry the 
station due to a channel sharing relocation. We propose that the notice 
contain the following information: (1) Date and time of any channel 
changes; (2) the channel occupied by the station before and after 
implementation of the CSA; (3) modification, if any, to antenna 
position, location, or power levels; (4) stream identification 
information; and (5) engineering staff contact information. We propose 
that stations be able to elect whether to provide notice via a letter 
notification or provide notice electronically, if pre-arranged with the 
relevant MVPD. We also propose to require that sharee stations provide 
notice at least 30 days prior to terminating operations on the sharee's 
channel and that both sharer and sharee stations provide notice at 
least 30 days prior to initiation of operations on the sharer channel. 
Should the anticipated date to either cease operations or commence 
channel sharing operations change, we propose to require that the 
station(s) send a further notice to affected MVPDs I nforming them of 
the new anticipated date(s).
    No changes to FCC Form 2100, Schedule E are required for it to be 
used to file applications for channel sharing outside the auction 
context; this collection is being changed to reflect the proposed use 
of the form for a new purpose--to propose channel sharing outside the 
context of the incentive auction. This collection is also being changed 
to reflect the burden associated with preparing a CSA in connection 
with channel sharing as well as the burden associated with providing 
the required notification to MVPDs.
    OMB Control Number: 3060-0837.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule B (Former FCC Form 302-DTV).
    Form Number: FCC Form 2100, Schedule B
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents and Responses: 350 respondents; 400 
responses.
    Estimated Time per Response: 0.5-2 hours.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
contained in Sections 154(i), 303 and 308 of the Communications Act of 
1934, as amended, and the Middle Class Tax Relief and Job Creation Act 
of 2012 (Spectrum Act).
    Total Annual Burden: 725 hours.
    Total Annual Cost: $160,375.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality for this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On June 12, 2015, the Commission released a First 
Order on Reconsideration and Notice of Proposed Rulemaking, In the 
Matter of Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, GN Docket No. 12-268 and MB Docket 
No. 15-137, FCC 15-67. This document contains proposed rules for 
channel sharing by and between full power and Class A television 
stations outside the context of the incentive auction. The proposed 
rules would allow full power stations to share a single channel with 
other full power or Class A stations. After sharing stations have 
obtained the necessary construction permits, implemented their shared 
facility, and initiated shared operations, full power sharing stations 
will use FCC Form 2100, Schedule B (formerly FCC Form 302-DTV) to apply 
for a license.
    In addition, after sharing stations have obtained the necessary 
construction permits, implemented their shared facility, and initiated 
shared operations, a station relinquishing its channel would notify the 
Commission that it has terminated operation on that channel at the same 
time that the sharing stations file applications for license.
    No changes to FCC Form 2100, Schedule B are required for it to be 
used to file applications for license for channel sharing outside the 
auction context; this collection is being changed to reflect the 
proposed use of the form for a new purpose--to apply for a license to 
channel share outside the context of the incentive auction. This 
collection is also being changed to reflect the burden associated 
notifying the Commission that a station relinquishing its channel has 
terminated operation on that channel.
    OMB Control Number: 3060-0928.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule F (Formerly FCC 302-CA); 47 CFR 
73.3572(h) and 47 CFR 73.3700.

[[Page 40960]]

    Form Number: FCC Form 2100, Schedule F .
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or Tribal governments.
    Number of Respondents and Responses: 571 respondents; 621 
responses.
    Estimated Time per Response: 0.50-2 hours.
    Frequency of Response: On occasion reporting requirement and one 
time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
contained in Sections 154(i), 307, 308, 309, and 319 of the 
Communications Act of 1934, as amended, the Community Broadcasters 
Protection Act of 1999, and the Middle Class Tax Relief and Job 
Creation Act of 2012 (``Spectrum Act'').
    Total Annual Burden: 1,167 hours.
    Total Annual Cost: $162,735.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality for this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On June 12, 2015, the Commission released a First 
Order on Reconsideration and Notice of Proposed Rulemaking, In the 
Matter of Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, GN Docket No. 12-268 and MB Docket 
No. 15-137, FCC 15-67. This document contains proposed rules for 
channel sharing by and between full power and Class A television 
stations outside the context of the incentive auction. The proposed 
rules would allow Class A stations to share a single channel with other 
full power or Class A stations. After sharing stations have obtained 
the necessary construction permits, implemented their shared facility, 
and initiated shared operations, Class A sharing stations will use FCC 
Form 2100, Schedule F (formerly FCC Form 302-CA) to apply for a 
license.
    In addition, after sharing stations have obtained the necessary 
construction permits, implemented their shared facility, and initiated 
shared operations, a station relinquishing its channel would notify the 
Commission that it has terminated operation on that channel at the same 
time that the sharing stations file applications for license.
    No changes to FCC Form 2100, Schedule F are required for it to be 
used to file applications for license for channel sharing outside the 
auction context; this collection is being changed to reflect the 
proposed use of the form for a new purpose--to apply for a license to 
channel share outside the context of the incentive auction. This 
collection is also being changed to reflect the burden associated 
notifying the Commission that a station relinquishing its channel has 
terminated operation on that channel.

Discussion of Notice of Proposed Rulemaking

I. Notice of Proposed Rulemaking

    1. In this NPRM, we propose to adopt rules to permit channel 
sharing by and between full power and Class A television stations 
outside the context of the incentive auction, including by one or both 
parties to auction-related CSAs with other entities after those 
auction-related agreements terminate. Below we propose a regulatory 
framework for these agreements. We do not propose to distinguish 
between the ``second generation'' CSAs that EOBC requested, and which 
would succeed a CSA executed in connection with the auction, and new 
CSAs between stations that did not channel share in connection with the 
auction. Accordingly, there is no need to determine whether ``second 
generation'' CSAs would fall under the Spectrum Act's carriage rights 
protection because the sharee station ```voluntarily relinquishe[d] 
spectrum usage rights' under the Spectrum Act `in order to share a 
television channel.''' Instead, we propose to authorize non-auction-
related CSAs without regard to their relationship to incentive auction-
related CSAs. As discussed below, we believe that the carriage rights 
of parties to such CSAs would be protected under the Communications 
Act. In the companion First Order on Reconsideration, the Commission 
refines the rules it adopted in the Incentive Auction Report and Order 
and the preceding Channel Sharing Report and Order to provide greater 
flexibility and certainty regarding channel sharing agreements 
(``CSAs'').

A. Public Interest and Legal Authority

    2. While the Commission declined in the Channel Sharing R&O, 77 FR 
30423 (May 23, 2012), to address channel sharing outside the auction 
context, we now believe it is appropriate to do so. We tentatively 
conclude that authorizing channel sharing outside the auction context 
will encourage auction participation by giving prospective channel 
sharing bidders the knowledge that they can pursue future CSAs when 
their auction-related agreements expire. But the public interest 
benefits of channel sharing by full power and Class A stations are 
likely to extend beyond the auction. When it adopted a general 
framework for channel sharing by full power and Class A stations in the 
context of the incentive auction, the Commission concluded that channel 
sharing will help broadcasters, including existing small, minority-
owned, and niche stations, to reduce operating costs and provide 
broadcasters with additional net income to strengthen operations and 
improve programming services. We also believe that authorizing channel 
sharing by full power and Class A stations outside the context of the 
incentive auction will promote spectral efficiency. We seek comment on 
our tentative conclusion that authorizing channel sharing by full power 
and Class A stations outside the context of the action will serve the 
public interest.
    3. We tentatively conclude that the authority conferred on the 
Commission by Title III of the Communications Act of 1934, as amended, 
permits us to adopt channel sharing rules for full power and Class A 
television stations, and seek comment on this tentative conclusion.

B. Carriage Rights

    4. We tentatively conclude that the Communications Act provides 
stations that elect to channel share outside the aegis of the Spectrum 
Act the same satellite and cable carriage rights on their new shared 
channels that the stations would have at the shared location if they 
were not channel sharing. We seek comment on this tentative conclusion. 
We note that this is consistent with the approach to channel sharing 
must-carry rights established by Congress in the Spectrum Act.
    5. The Communications Act establishes slightly different thresholds 
for carriage, depending on whether the station is full power or low-
power, or commercial or noncommercial, and also depending on whether 
carriage is sought on a cable or DBS system. The must-carry rights of 
full-power commercial stations on cable systems are set forth in 
Section 614 of the Act. Pursuant to Section 614(a), ``[e]ach cable 
operator shall carry, on the cable system of that operator, the signals 
of local commercial television stations . . . as provided by this 
section.'' The term ``local commercial television station'' means ``any 
full power television broadcast station, other than a qualified 
noncommercial educational television station . . . licensed and 
operating on a channel regularly assigned to its community by the 
Commission that,

[[Page 40961]]

with respect to a particular cable system, is within the same 
television market as the cable system.'' ``Television market'' is 
defined by Commission's rules as a Designated Market Area (``DMA'').
    6. The must-carry rights of full power noncommercial stations on 
cable systems are set forth in Section 615 of the Act. Section 615(a) 
provides that ``each cable operator of a cable system shall carry the 
signals of qualified noncommercial educational television stations in 
accordance with the provisions of this section.'' A qualified 
noncommercial educational station can be considered ``local,'' and thus 
eligible for mandatory carriage on a cable system, in one of two ways. 
It may either be licensed to a principal community within 50 miles of 
the system's headend, or place a ``Grade B'' signal over the headend.
    7. The must-carry rights of low power stations, including Class A 
stations, on cable systems are set forth in Section 614(c) of the Act. 
Under very narrow circumstances, such stations can become ``qualified'' 
and eligible for must carry. Among the several requirements for 
reaching ``qualified'' status with respect to a particular cable 
operator, the station must be ``located no more than 35 miles from the 
cable system's headend.''
    8. The must-carry rights of full power stations (both commercial 
and noncommercial) on DBS providers are set forth in Section 338 of the 
Act. A full power ``television broadcast station'' is entitled to 
request carriage by a DBS provider any time that provider relies on the 
statutory copyright license to retransmit the signal of any other 
``local'' station (i.e., one located in the same DMA). A ``television 
broadcast station'' is defined as ``an over-the-air commercial or 
noncommercial television broadcast station licensed by the 
Commission.'' Low-power stations, including Class A stations do not 
have DBS carriage rights.
    9. Under the foregoing Communications Act provisions, carriage 
rights are accorded to licensees without regard to whether they occupy 
a full six megahertz channel or share a channel with another licensee. 
Nothing in the Communications Act requires a station to occupy an 
entire six megahertz channel in order to be eligible for must carry 
rights; rather, the station must simply be a licensee eligible for 
carriage under the applicable provision of the Communications Act. 
Thus, the carriage rights conferred by Sections 614, 615, and 338 of 
the Act apply to channel sharees as they do to any other licensee.
    10. Based on these provisions, we tentatively conclude that a 
sharee station participating in a CSA that moves to a different 
frequency (that of the ``sharer'' station) remains entitled to must 
carry rights, but at the sharer's location. For example, in the case of 
a full power commercial station asserting mandatory cable carriage 
rights, both before and after the CSA, the station will be a ``full 
power television broadcast station . . . licensed and operating on a 
channel regularly assigned to its community by the Commission that, 
with respect to a particular cable system, is within the same 
television market as the cable system.'' The same analysis applies with 
respect to broadcasters qualifying for cable must-carry rights as 
``qualified local noncommercial educational television stations,'' and 
``qualified low power stations,'' and to broadcasters qualifying for 
DBS must-carry rights as ``television broadcast stations.''
    11. We tentatively conclude that, under the statutory definitions 
outlined above, the sharee station's carriage rights would be 
determined at the new shared location. Carriage rights in this 
situation would be determined under Sections 338, 614, and 615 of the 
Communications Act in the same manner as they would outside the context 
of channel sharing, such as where stations change transmitter location, 
community of license, or DMA. We seek comment on this interpretation.
    12. We tentatively conclude that each broadcaster participating in 
a CSA will continue to be entitled to must-carry rights for a single, 
primary video stream. Section 614(b)(3) of the Communications Act 
provides that ``[a] cable operator shall carry in its entirety, on the 
cable system of that operator, the primary video . . . of each of the 
local commercial television stations carried on the cable system. . . 
.'' Although digital technology enables broadcasters to transmit 
multiple program streams simultaneously on each six MHz channel, the 
Commission has determined that the must-carry provisions require only 
that a cable operator carry a single programming stream. We tentatively 
conclude that a sharee station's transmission of its signal on a 
different channel following implementation of a CSA does not alter the 
station's must-carry right to carriage of a single ``primary video'' 
programming stream.
    13. Section 1452(a)(4) provides that sharee stations resulting from 
the incentive auction have the same carriage rights on the shared 
channel that each station would have on that channel and from that 
location if it were not sharing, but this provision by its terms 
addresses only auction-related CSAs. For this reason, as noted above, 
we conclude that the carriage rights of sharees outside the context of 
the incentive auction are determined not by the Spectrum Act but by the 
carriage provisions of the Communications Act.
    14. Notably, however, Section 1452(a)(4) does not simply affirm 
carriage rights under the Communications Act, it also limits the 
carriage rights of sharee stations in connection with the incentive 
auction to those that possessed such rights on November 30, 2010. The 
date of November 30, 2010 refers to the Commission's issuance of the 
2010 Channel Sharing NPRM, 76 FR 5521 (February 1, 2011), proposing to 
allow television stations to channel share. In the 2010 Channel Sharing 
NPRM, the Commission proposed to ``limit channel sharing to television 
stations with existing applications, construction permits or licenses 
as of [November 30, 2010].'' In response, MVPDs expressed concern that 
allowing new stations that have not yet built facilities to become 
sharee stations would be a shortcut to obtaining MVPD carriage and 
thereby artificially increase the number of stations MVPDs are required 
to carry under the must carry regime. In the Spectrum Act, Congress 
adopted a different approach than the one proposed in the 2010 Channel 
Sharing NPRM by requiring a sharee station resulting from the incentive 
auction to have ``possessed carriage rights'' on November 30, 2010 in 
order have carriage rights at its shared location. Consistent with the 
concerns expressed by MVPDs, this approach precluded stations that were 
not licensed as of November 30, 2010 from the entitlement to carriage 
under Section 1452(a)(4) because they did not ``possess[ ] carriage 
rights'' on that date.
    15. Consistent with Section 1452(a)'s objective of avoiding 
artificially creating new stations that can demand MVPD carriage, we 
propose that a full power or Class A station will be eligible to become 
a sharee station outside of the auction context only if it possessed 
carriage rights under sections 338, 614, or 615 of the Communications 
Act through an auction-related channel sharing agreement, pursuant to 
Section 1452(a)(4), or because it was operating on its own non-shared 
channel immediately prior to entering into a channel sharing agreement. 
We also seek comment on any alternative approaches that would address 
Congress's concern that channel sharing not be used as a means to 
artificially

[[Page 40962]]

increase the number of stations that MVPDs are required to carry, 
including the adoption of November 30, 2010, or some later date certain 
for the possession of carriage rights as a condition precedent to 
becoming a sharee. Another approach would be to extend eligibility of a 
sharee station for carriage rights outside of the auction context only 
to a station that has constructed and licensed facilities without 
relying on sharing with another station, regardless of when that 
station possessed carriage rights. How would this approach apply to a 
station that entered into an auction-related sharing agreement for a 
limited term and subsequently seeks to enter into a new sharing 
agreement outside the auction context with the same or different 
sharer? Are there any other alternative approaches that we should 
consider?
    16. We do not propose, however, to restrict full power and Class A 
stations from becoming sharer stations outside of the auction context, 
regardless of when or whether such stations have obtained carriage 
rights. We believe this approach is consistent with Section 1452(a)(4), 
which pertains to the carriage rights of only sharee stations, not 
sharer stations. Because a sharer station necessarily would have 
already constructed and licensed its facilities, there is no apparent 
concern that such stations could use sharing as a shortcut to obtaining 
MVPD carriage. Moreover, we believe the ability of such stations to 
serve as sharers would benefit other stations, including those 
participating in the incentive auction, by increasing the number of 
potential sharers. We seek comment on this approach.

C. Voluntary and Flexible Channel Sharing

    17. We propose to adopt rules and procedures for channel sharing 
for full power and Class A stations outside the auction context that 
are generally similar to those we adopted in connection with the 
incentive auction, as modified in the companion First Order on 
Reconsideration. We propose that channel sharing be voluntary and 
flexible, that stations be permitted to choose their channel sharing 
partners, that channel sharing agreements be required to outline 
stations' rights with respect to certain matters, and that stations be 
permitted to assign or transfer their rights under a CSA. We do not 
intend to be involved in the process of matching licensees interested 
in channel sharing with potential partners. Instead, full power and 
Class A stations would decide for themselves whether and with whom to 
enter into a CSA.
    18. In addition, consistent with our approach toward channel 
sharing in the auction context, we propose to require all stations 
involved in channel sharing to retain spectrum usage rights sufficient 
to ensure at least enough capacity to operate one standard definition 
(``SD'') programming stream at all times. This requirement will ensure 
that each station has sufficient channel capacity to meet our 
requirement to ``transmit at least one over-the-air video broadcast 
signal provided at no direct charge to viewers. . . .'' We propose, 
however, to allow stations flexibility beyond this ``minimum capacity'' 
requirement to tailor their agreements and allow a variety of different 
types of spectrum sharing to meet the individualized programming and 
economic needs of the parties involved. We do not propose to prescribe 
a fixed split of the capacity of the six megahertz channel between the 
stations from a technological or licensing perspective. We propose that 
all channel sharing stations be licensed for the entire capacity of the 
six megahertz channel and that the stations be allowed to determine the 
manner in which that capacity will be divided among themselves subject 
only to the minimum capacity requirement.
    19. In the companion First Order on Reconsideration, we determined 
that CSAs need not be permanent in nature and modified our rules to 
permit broadcasters to choose the length of their CSAs. Similarly, we 
propose to permit term-limited CSAs outside the auction context. We 
also invite comment on whether we should establish a minimum term for 
CSAs that are unrelated to the auction. Our goal in permitting term-
limited CSAs is to provide flexibility for broadcasters that choose to 
end the channel sharing relationship while maintaining the opportunity 
to continue to operate. We are concerned, however, about the potential 
disruption to viewers that could occur if channel sharing stations 
enter into short-term CSAs or terminate CSAs early, resulting in 
frequent channel moves. In addition, we note that MVPDs could 
experience carriage-related disruptions should there be a multitude of 
short-term CSAs. Given this, should we establish a minimum term for 
CSAs, or would this unduly constrain channel sharing partners who may 
prefer a short-term agreement or want to terminate a CSA early? If we 
were to establish a minimum term for CSAs, what minimum term would be 
appropriate (e.g., three years)?

D. Licensing Procedures

    20. We also propose to extend to non-auction-related sharing 
agreements our existing policy framework for the licensing and 
operation of channel sharing stations. Under this policy, despite 
sharing a single channel and transmission facility, each full power and 
Class A station would continue to be licensed separately. Each station 
would have its own call sign, and each licensee would separately be 
subject to all of the Commission's obligations, rules, and policies. We 
seek comment on these proposals.
    21. We propose to adopt a two-step process for implementing non-
auction-related channel sharing by and between full power and Class A 
stations outside the auction context. If no technical changes are 
necessary for sharing, a channel sharing station relinquishing its 
channel first would file an application for digital construction permit 
for the same technical facilities as the sharer station. That 
application would include a copy of the CSA as an exhibit and cross 
reference the other sharing station(s). The sharer station would not 
need to take action at this time unless the CSA required technical 
changes to the sharer station's facilities. If changes to the sharer 
station facilities were required, each sharing station would file an 
application for construction permit for identical technical facilities 
proposing to share the channel, along with the CSA. As a second step, 
after the sharing stations have obtained the necessary construction 
permits, implemented their shared facility, and initiated shared 
operations, a station relinquishing its channel would notify the 
Commission that it has terminated operation on that channel. At the 
same time, sharing stations would file applications for license to 
complete the licensing process. We seek comment on these proposed 
procedures.
    22. We propose to treat applications for a construction permit in 
order to channel share as minor change applications, similar to the 
approach we adopted for auction-related channel sharing. We believe 
that the use of minor change applications is appropriate to facilitate 
CSAs, particularly if we prohibit sharee stations from relocating 
outside their community of license in order to channel share, as 
discussed below. We seek comment on this approach.
    23. We also seek comment on an appropriate length of time for 
channel sharing full power and Class A stations to implement their 
agreements. In the Incentive Auction Report & Order, 79 FR 48442 
(August 15, 2014) (IA R&O), we

[[Page 40963]]

required that CSAs be implemented within three months after the 
relinquishing station receives its reverse auction proceeds. In the 
companion First Order on Reconsideration, we modify our rules to permit 
post-auction CSAs, and to permit a successful license relinquishment 
bidder who in its application expresses a present intent to enter a 
post-auction CSA up to three months from the receipt of auction 
proceeds to execute and implement a sharing agreement. The exigencies 
of the auction process do not apply in setting a deadline for stations 
to implement their CSAs outside the auction context. In the LPTV 
Channel Sharing NPRM, 79 FR 70824 (November 28, 2014), we sought 
comment on whether to allow channel sharing stations the standard 
three-year construction period under the rules to implement their 
sharing deals. Should we also give full power and Class A stations the 
standard three-year construction period in which to implement CSAs? Is 
there another timeframe that would be more appropriate?
    24. We also seek comment on the degree of flexibility we should 
provide to potential sharee stations seeking to relocate to take 
advantage of channel sharing. In the IA R&O, we stated that we would 
permit a sharee to change its community of license only in situations 
where the sharee cannot meet community of license signal requirements 
operating from the sharer's transmission site and provided that the 
sharee chooses a new community of license that, at a minimum, meets the 
same allotment priorities as its current community. In addition, the 
Commission stated that it would not allow a bidder to propose a 
community of license change that would change its DMA. The Commission 
adopted this restriction on changes in community of license in the 
auction context in order to promote the goals underlying Section 307(b) 
of the Communications Act while at the same time avoiding any 
detrimental impact on the speed and certainty of the auction, as well 
as on broadcaster participation, that would result from application of 
the Commission's usual analysis of community of license changes. 
Outside the auction context, we propose to preclude sharee stations 
from changing their community of license, and to limit these stations 
to CSAs with a sharer from whose transmitter site the sharee will 
continue to meet the community of license signal requirement over its 
current community of license. Precluding relocation that would require 
a community of license change would advance our interest in ensuring 
the provision of service to local communities, avoid viewer disruption, 
and avoid any potential impact on MVPDs that might result from 
community of license changes.
    25. In the event that we permit sharee stations to propose a change 
in community of license in order to channel share, we invite comment on 
how we should evaluate such requests. Should we use our traditional 
television allotment rules and policies, pursuant to which a proposed 
full power television sharee would have to file a petition for 
rulemaking and demonstrate that the requested change in community would 
result in a preferential arrangement of television allotments under 
Section 307(b) and the Commission's allotment priorities? 
Alternatively, should we adopt a more streamlined approach that would 
dispense with a rulemaking? Outside the auction context, the concerns 
we expressed in the IA R&O about the potential impact on the auction of 
our usual analysis of community of license changes are not relevant. We 
seek comment on these possible approaches to community of license 
changes.

E. Channel Sharing Operating Rules

    26. We propose to adopt channel sharing operating rules similar to 
those adopted for full power and Class A television stations in the IA 
R&O, as modified by the First Order on Reconsideration. In the IA R&O, 
we determined that CSAs for full power and Class A stations must 
include provisions governing certain key aspects of their operations: 
(1) Access to facilities, including whether each licensee will have 
unrestrained access to the shared transmission facilities; (2) 
allocation of bandwidth within the shared channel; (3) operation, 
maintenance, repair, and modification of facilities, including a list 
of all relevant equipment, a description of each party's financial 
obligations, and any relevant notice provisions; and (4) termination or 
transfer/assignment of rights to the shared licenses, including the 
ability of a new licensee to assume the existing CSA. We propose to 
require full power and Class A CSAs outside the auction context to 
contain the same key information. We also propose to reserve the right 
to review CSA provisions and require modification of any that do not 
comply with these requirements or the Commission's rules. We seek 
comment on these proposals.
    27. Termination, Assignment/Transfer, and Relinquishment of Channel 
Sharing Licenses. We propose to apply to full power and Class A CSAs 
entered into outside the auction context the same rules regarding 
termination, assignment/transfer, and voluntary relinquishment of 
channel sharing rights that we adopted in the IA R&O, as modified by 
the First Order on Reconsideration. Under this proposed approach we 
would allow rights under a CSA to be assigned or transferred, subject 
to the requirements of Section 310 of the Communications Act, our 
rules, and the requirement that the assignee or transferee undertake to 
comply with the applicable CSA. In the event a channel sharing party's 
license is terminated due to voluntary relinquishment, revocation, or 
failure to renew, consistent with the approach we adopt in the First 
Order on Reconsideration we propose that the relinquished spectrum 
usage rights in the shared channel revert to the other sharing parties. 
Further, where only one sharing partner remains on a channel after its 
partner relinquishes its license, it may request that its channel 
return to non-shared status. We seek comment on this approach.

F. Channel Sharing Between Full Power and Class A Stations

    28. In the IA R&O, we allowed channel sharing between full power 
and Class A television stations despite the fact that each operate with 
different technical rules. We concluded that the Class A television 
station sharing a full power television station's channel after the 
incentive auction would be permitted to operate under the part 73 rules 
governing power levels and interference. Similarly, we concluded that a 
full power station sharing a Class A station's channel after the 
incentive auction would be permitted to operate under the Part 74 power 
level and interference rules. We propose herein to permit channel 
sharing between full power and Class A stations outside the auction 
context and to apply to such agreements the same rules we adopted in 
the IA R&O. We seek comment on this approach.

G. Reimbursement

    29. With respect to CSAs entered into outside the auction context, 
we do not propose to adopt rules regarding reimbursement of costs 
imposed on MVPDs as a result of CSAs. We note that our current rules do 
not require reimbursement of MVPD costs in connection with channel 
changes or other changes that modify carriage obligations outside the 
auction context. Further, the reimbursement provisions of the Spectrum 
Act apply only to CSAs made in connection with the incentive auction. 
Thus, by the plain language of

[[Page 40964]]

Section 1452, reimbursement under the Spectrum Act applies only to 
costs associated with channel sharing bids; reimbursement does not 
extend to CSAs unrelated to the auction.
    30. Accordingly, costs associated with channel sharing outside the 
auction context will be borne by broadcasters and MVPDs in the same 
manner as these parties are traditionally responsible for costs 
associated with television station channel moves. For example, to 
obtain carriage, a local commercial television station must be capable 
of delivering a good quality signal to a cable system headend or bear 
responsibility for the cost of delivering such a good quality signal. A 
television station that cannot deliver a good quality signal to a cable 
system headend it previously could reach with its over-the-air signal 
may bear costs associated with use of alternative means, such as fiber 
or microwave, to deliver a good quality signal to the headend. In 
addition, a television station that relocates may gain carriage on a 
different cable or satellite system(s), which may incur costs for new 
equipment or other changes associated with adding the channel.

H. Notice to MVPDs

    31. Similar to the requirement we adopted in the IA R&O, we propose 
to require stations participating in CSAs to provide notice to those 
MVPDs that: (1) No longer will be required to carry the station because 
of the relocation of the station; (2) currently carry and will continue 
to be obligated to carry a station that will change channels; or (3) 
will become obligated to carry the station due to a channel sharing 
relocation. We propose that the notice contain the following 
information: (1) Date and time of any channel changes; (2) the channel 
occupied by the station before and after implementation of the CSA; (3) 
modification, if any, to antenna position, location, or power levels; 
(4) stream identification information; and (5) engineering staff 
contact information. We propose that stations be able to elect whether 
to provide notice via a letter notification or provide notice 
electronically, if pre-arranged with the relevant MVPD. We also propose 
to require that sharee stations provide notice at least 30 days prior 
to terminating operations on the sharee's channel and that both sharer 
and sharee stations provide notice at least 30 days prior to initiation 
of operations on the sharer channel. Should the anticipated date to 
either cease operations or commence channel sharing operations change, 
we propose to require that the station(s) send a further notice to 
affected MVPDs informing them of the new anticipated date(s). We seek 
comment on these proposals.

II. 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 
the 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 the NPRM. The Commission will send a copy of the 
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (``SBA''). In addition, the NPRM and IRFA 
(or summaries thereof) will be published in the Federal Register.
    2. The NPRM proposes to adopt rules to permit channel sharing by 
and between full power and Class A television stations outside the 
context of the incentive auction, including by one or both parties to 
auction-related CSAs with other entities after those auction-related 
agreements terminate. Our goal is to provide clarification regarding 
the scope of channel sharing outside the context of the incentive 
auction in order to encourage auction participation. In addition, our 
goal is to extend the public interest benefits of channel sharing to 
full power and Class A stations that are not participating in the 
auction. The Commission has previously concluded that channel sharing 
can help broadcasters, including existing small, minority-owned, and 
niche stations, to reduce operating costs and provide broadcasters with 
additional net income to strengthen operations and improve programming 
services. Thus, extending channel sharing to full power and Class A 
stations outside the auction context would permit these stations to 
take advantage of the potential benefits of channel sharing.
    3. The proposed action is authorized pursuant to Sections 1, 4, 
301, 303, 307, 308, 309, 310, 316, 319, 338, 403, 614, and 615 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301, 303, 
307, 308, 309, 310, 316, 319, 338, 403, 614 and 615.
    4. 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.
    5. Wired Telecommunications Carriers. The North American Industry 
Classification System (``NAICS'') defines ``Wired Telecommunications 
Carriers'' as follows: ``This industry comprises establishments 
primarily engaged in operating and/or providing access to transmission 
facilities and infrastructure that they own and/or lease for the 
transmission of voice, data, text, sound, and video using wired 
telecommunications networks. Transmission facilities may be based on a 
single technology or a combination of technologies. Establishments in 
this industry use the wired telecommunications network facilities that 
they operate to provide a variety of services, such as wired telephony 
services, including VoIP services; wired (cable) audio and video 
programming distribution; and wired broadband Internet services. By 
exception, establishments providing satellite television distribution 
services using facilities and infrastructure that they operate are 
included in this industry.'' The SBA has developed a small business 
size standard for wireline firms for the broad economic census category 
of ``Wired Telecommunications Carriers.'' Under this category, a 
wireline business is small if it has 1,500 or fewer employees. Census 
data for 2007 shows that there were 3,188 firms that operated for the 
entire year. Of this total, 3,144 firms had fewer than 1,000 employees, 
and 44 firms had 1,000 or more employees. Therefore, under this size 
standard, we estimate that the majority of businesses can be considered 
small entities.
    6. Cable Television Distribution Services. Since 2007, these 
services have been defined within the broad economic census category of 
Wired Telecommunications Carriers, which category is defined above. The 
SBA has developed a small business size standard for this category, 
which is: All

[[Page 40965]]

such businesses having 1,500 or fewer employees. Census data for 2007 
shows that there were 3,188 firms that operated for the entire year. Of 
this total, 3,144 firms had fewer than 1,000 employees, and 44 firms 
had 1,000 or more employees. Therefore, under this size standard, we 
estimate that the majority of businesses can be considered small 
entities.
    7. 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 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.
    8. 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.
    9. 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 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.
    10. Television Broadcasting. This economic census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound.'' The SBA has created the following small business 
size standard for such businesses: Those having $38.5 million or less 
in annual receipts. The 2007 U.S. Census indicates that 808 firms in 
this category operated in that year. Of that number, 709 had annual 
receipts of $25,000,000 or less, and 99 had annual receipts of more 
than $25,000,000. Because the Census has no additional classifications 
that could serve as a basis for determining the number of stations 
whose receipts exceeded $38.5 million in that year, we conclude that 
the majority of television broadcast stations were small under the 
applicable SBA size standard.
    11. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial television stations to be 1,390 stations. 
Of this total, 1,221 stations (or about 88 percent) had revenues of 
$38.5 million or less, according to Commission staff review of the BIA 
Kelsey Inc. Media Access Pro Television Database (BIA) on July 2, 2014. 
In addition, the Commission has estimated the number of licensed 
noncommercial educational (NCE) television stations to be 395. NCE 
stations are non-profit, and therefore considered to be small entities. 
Therefore, we estimate that the majority of television broadcast 
stations are small entities.
    12. We note, however, that in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action because the revenue figure on which it is based does not include 
or aggregate revenues from affiliated companies. In addition, an 
element of the definition of ``small business'' is that the entity not 
be dominant in its field of operation. We are unable at this time to 
define or quantify the criteria that would establish whether a specific 
television station is dominant in its field of operation. Accordingly, 
the estimate of small businesses to which rules may apply does not 
exclude any television station from the definition of a small business 
on this basis and is therefore possibly over-inclusive to that extent.
    13. Class A TV Stations. The same SBA definition that applies to 
television broadcast stations would apply to licensees of Class A 
television stations. As noted above, the SBA has created the following 
small business size standard for this category: Those having $38.5 
million or less in annual receipts. The Commission has estimated the 
number of licensed Class A television stations to be 405. Given the 
nature of these services, we will presume that these licensees qualify 
as small entities under the SBA definition.
    14. The NPRM proposes several regulatory requirements that will 
require either new information collections or revisions to existing 
collections. The NPRM proposes to require full power and Class A 
stations seeking to channel share outside the auction context to follow 
a two-step licensing process--first filing an application for 
construction permit and then an application for license. These existing 
collections will need to be revised to reflect these new channel-
sharing related filings and the

[[Page 40966]]

associated burden estimates. In addition, the NPRM proposes that 
channel sharing stations submit their channel sharing agreements (CSAs) 
with the Commission and be required to include certain provisions in 
their CSAs. The existing collection concerning the execution and filing 
of CSAs will need to be revised. Finally, the NPRM proposes to require 
channel sharing stations to notify affected MVPDs.
    15. 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.
    16. The NPRM proposes to permit channel sharing by and between full 
power and Class A television stations outside the context of the 
incentive auction and seeks comment on that proposal as well as a 
proposed regulatory framework for such agreements. The Commission has 
previously concluded that channel sharing can help broadcasters, 
including existing small, minority-owned, and niche stations, to reduce 
operating costs and provide broadcasters with additional net income to 
strengthen operations and improve programming services. Thus, the 
proposals in the NPRM may help smaller broadcasters conserve resources. 
In addition, the NPRM proposes licensing and operating rules for 
channel sharing by and between full power and Class A stations that are 
designed to minimize impact on small entities. The rules provide a 
streamlined method for reviewing and licensing channel sharing for 
these stations and seek comment on whether to adopt a streamlined 
approach for reviewing proposals for a change in community of license 
of sharee stations. The Commission will consider all comments submitted 
in connection with the NPRM, including any suggested alternative 
approaches to channel sharing by full power and Class A stations that 
would reduce the burden and costs on smaller entities.

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

    17. None.

B. Paperwork Reduction Act Analysis

    18. This NPRM contains proposed new or 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 (PRA), Public Law 104-13, see 44 U.S.C. 
3507. In addition, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), 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 Presentations

    19. The proceeding this NPRM initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules.\1\ 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 1.1206(b). In proceedings governed by 
rule 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.
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    \1\ 47 CFR 1.1200.
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D. Comment Filing Procedures

    20. Pursuant to sections 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.
    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.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format),

[[Page 40967]]

send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
    21. Additional Information: For additional information on this 
NPRM, please contact Kim Matthews of the Media Bureau, Policy Division, 
Kim.Matthews@fcc.gov, (202) 418-2154.

III. Ordering Clauses

    22. IT IS ORDERED that, pursuant to the authority contained in 
Sections 1, 4, 301, 303, 307, 308, 309, 310, 316, 319, 338, 403, 614, 
and 615 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154, 301, 303, 307, 308, 309, 310, 316, 319, 338, 403, 614 and 615, 
this Notice of Proposed Rulemaking IS ADOPTED.
    23. IT IS FURTHER ORDERED that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this NPRM, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 73

    Broadcast radio.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

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

0
2. Add Sec.  73.3800 to read as follows:


Sec.  73.3800  Full power television channel sharing outside the 
auction context.

    (a) Channel sharing generally. (1) Subject to the provisions of 
this section, full power television stations may voluntarily seek 
Commission approval to share a single six megahertz channel with other 
full power television and Class A television stations.
    (2) Each station sharing a single channel pursuant to this section 
shall continue to be licensed and operated separately, have its own 
call sign, and be separately subject to all applicable Commission 
obligations, rules, and policies.
    (b) Licensing of channel sharing stations. A full power television 
channel sharing station relinquishing its channel must file an 
application for the initial channel sharing construction permit (FCC 
Form 2100), include a copy of the channel sharing agreement as an 
exhibit, and cross reference the other sharing station(s). Any 
engineering changes necessitated by the channel sharing agreement may 
be included in the station's application. Upon initiation of shared 
operations, the station relinquishing its channel must notify the 
Commission that it has terminated operation pursuant to Sec.  73.1750 
and each sharing station must file an application for license (FCC Form 
2100).
    (c) Deadline for implementing channel sharing agreements. Channel 
sharing agreements submitted pursuant to this section must be 
implemented within three years of the grant of the initial channel 
sharing construction permit.
    (d) Channel sharing agreements (CSAs). (1) Channel sharing 
agreements submitted under this section must contain provisions 
outlining each licensee's rights and responsibilities regarding:
    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the shared transmission facilities;
    (ii) Operation, maintenance, repair, and modification of 
facilities, including a list of all relevant equipment, a description 
of each party's financial obligations, and any relevant notice 
provisions; and
    (iii) Transfer/assignment of a shared license, including the 
ability of a new licensee to assume the existing CSA; and
    (iv) Termination of the license of a party to the CSA, including 
reversion of spectrum usage rights to the remaining parties to the CSA.
    (2) Channel sharing agreements submitted under this section must 
include a provision affirming compliance with the channel sharing 
requirements in this section including a provision requiring that each 
channel sharing licensee shall retain spectrum usage rights adequate to 
ensure a sufficient amount of the shared channel capacity to allow it 
to provide at least one Standard Definition (SD) program stream at all 
times.
    (e) Termination and assignment/transfer of shared channel. Upon 
termination of the license of a party to a CSA, the spectrum usage 
rights covered by that license may revert to the remaining parties to 
the CSA. Such reversion shall be governed by the terms of the CSA in 
accordance with paragraph (d)(1)(iv) of this section. If upon 
termination of the license of a party to a CSA only one party to the 
CSA remains, the remaining licensee may file an application to change 
its license to non-shared status using FCC Form 2100, Schedule B (for a 
full power licensee) or F (for a Class A licensee).
    (f) Notice to MVPDs. (1) Stations participating in channel sharing 
agreements must provide notice to MVPDs that:
    (i) No longer will be required to carry the station because of the 
relocation of the station;
    (ii) Currently carry and will continue to be obligated to carry a 
station that will change channels; or
    (iii) Will become obligated to carry the station due to a channel 
sharing relocation.
    (2) The notice required by this section must contain the following 
information:
    (i) Date and time of any channel changes;
    (ii) The channel occupied by the station before and after 
implementation of the CSA;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) Sharee stations (those relinquishing a channel in order to 
share) must provide notice as required by this section at least 30 days 
prior to terminating operations on the sharee's channel. Sharer 
stations (those hosting a sharee as part of a channel sharing 
agreement) and sharee stations must provide notice as required by this 
section at least 30 days prior to initiation of operations on the 
sharer channel. Should the anticipated date to either cease operations 
or commence channel sharing operations change, the stations must send a 
further notice to affected MVPDs informing them of the new anticipated 
date(s).
    (4) Notifications provided to cable systems pursuant to this 
section must be either mailed to the system's official address of 
record provided in the cable system's most recent filing in the FCC's 
Cable Operations and Licensing System (COALS) Form 322, or emailed to 
the system if the system has provided an email address. For all other 
MVPDs, the letter must be addressed to the official corporate address 
registered with their State of incorporation.
0
3. Add Sec.  73.6028 to read as follows:


Sec.  73.6028  Class A Television channel sharing outside the auction 
context.

    (a) Channel sharing generally. (1) Subject to the provisions of 
this section, Class A television stations may voluntarily seek 
Commission approval

[[Page 40968]]

to share a single six megahertz channel with other Class A and full 
power television stations.
    (2) Each station sharing a single channel pursuant to this section 
shall continue to be licensed and operated separately, have its own 
call sign, and be separately subject to all of the Commission's 
obligations, rules, and policies.
    (b) Licensing of channel sharing stations. A full power television 
channel sharing station relinquishing its channel must file an 
application for the initial channel sharing construction permit (FCC 
Form 2100), include a copy of the channel sharing agreement as an 
exhibit, and cross reference the other sharing station(s). Any 
engineering changes necessitated by the channel sharing agreement may 
be included in the station's application. Upon initiation of shared 
operations, the station relinquishing its channel must notify the 
Commission that it has terminated operation pursuant to Sec.  73.1750 
and each sharing station must file an application for license (FCC Form 
2100).
    (c) Deadline for implementing channel sharing agreements. Channel 
sharing agreements submitted pursuant to this section must be 
implemented within three years of the grant of the initial channel 
sharing construction permit.
    (d) Channel sharing agreements (CSAs). (1) Channel sharing 
agreements submitted under this section must contain provisions 
outlining each licensee's rights and responsibilities regarding:
    (i) Access to facilities, including whether each licensee will have 
unrestrained access to the shared transmission facilities;
    (ii) Operation, maintenance, repair, and modification of 
facilities, including a list of all relevant equipment, a description 
of each party's financial obligations, and any relevant notice 
provisions; and
    (iii) Termination or transfer/assignment of rights to the shared 
licenses, including the ability of a new licensee to assume the 
existing CSA.
    (2) Channel sharing agreements submitted under this section must 
include a provision affirming compliance with the channel sharing 
requirements in this section including a provision requiring that each 
channel sharing licensee shall retain spectrum usage rights adequate to 
ensure a sufficient amount of the shared channel capacity to allow it 
to provide at least one Standard Definition (SD) program stream at all 
times.
    (e) Termination and assignment/transfer of shared channel. Upon 
termination of the license of a party to a CSA, the spectrum usage 
rights covered by that license may revert to the remaining parties to 
the CSA. Such reversion shall be governed by the terms of the CSA in 
accordance with paragraph (d)(1)(iv) of this section. If upon 
termination of the license of a party to a CSA only one party to the 
CSA remains, the remaining licensee may file an application to change 
its license to non-shared status using FCC Form 2100, Schedule B (for a 
full power licensee) or F (for a Class A licensee).
    (f) Notice to MVPDs. (1) Stations participating in channel sharing 
agreements must provide notice to MVPDs that:
    (i) No longer will be required to carry the station because of the 
relocation of the station;
    (ii) Currently carry and will continue to be obligated to carry a 
station that will change channels; or
    (iii) Will become obligated to carry the station due to a channel 
sharing relocation.
    (2) The notice required by this section must contain the following 
information:
    (i) Date and time of any channel changes;
    (ii) The channel occupied by the station before and after 
implementation of the CSA;
    (iii) Modification, if any, to antenna position, location, or power 
levels;
    (iv) Stream identification information; and
    (v) Engineering staff contact information.
    (3) Sharee stations (those relinquishing a channel in order to 
share) must provide notice as required by this section at least 30 days 
prior to terminating operations on the sharee's channel. Sharer 
stations (those hosting a sharee as part of a channel sharing 
agreement) and sharee stations must provide notice as required by this 
section at least 30 days prior to initiation of operations on the 
sharer channel. Should the anticipated date to either cease operations 
or commence channel sharing operations change, the station(s) must send 
a further notice to affected MVPDs informing them of the new 
anticipated date(s).
    (4) Notifications provided to cable systems pursuant to this 
section must be either mailed to the system's official address of 
record provided in the cable system's most recent filing in the FCC's 
Cable Operations and Licensing System (COALS) Form 322, or emailed to 
the system if the system has provided an email address. For all other 
MVPDs, the letter must be addressed to the official corporate address 
registered with their State of incorporation.

[FR Doc. 2015-16537 Filed 7-13-15; 8:45 am]
 BILLING CODE 6712-01-P