Television Market Modification; Statutory Implementation, 9360-9362 [2016-03957]
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9360
Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations
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*
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comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
0.10 any burdens caused thereby, please
0.10 contact Cathy Williams, Federal
0.50
Communications Commission, Room 1–
0.10
0.10 C823, 445 12th Street SW., Washington,
0.50 DC 20554. Please include the OMB
0.10 Control Numbers, 3060–0546 and 3060–
0.10 0980, in your correspondence. The
0.50 Commission will also accept your
0.10 comments via the Internet if you send
0.10 them to PRA@fcc.gov.
0.50
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Parts per
million
Commodity
*
[FR Doc. 2016–03910 Filed 2–24–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 15–71; FCC 15–111]
Television Market Modification;
Statutory Implementation
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s Report and Order,
Television Market Modification;
Statutory Implementation. This
document is consistent with the Report
and Order, which stated that the
Commission would publish a document
in the Federal Register announcing
OMB approval and the effective date of
the rules.
DATES: The amendments to 47 CFR
76.59(a) and (b), published at 80 FR
59635, October 2, 2015, are effective
February 25, 2016.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Cathy
Williams, Cathy.Williams@fcc.gov, (202)
418–2918.
SUPPLEMENTARY INFORMATION: This
document announces that, on February
18, 2016 and February 19, 2016, OMB
approved the information collection
requirements contained in the
Commission’s Report and Order, FCC
15–111, published at 80 FR 59635,
October 2, 2015. The OMB Control
Numbers are 3060–0546 and 3060–0980.
The Commission publishes this notice
as an announcement of the effective
date of the rules. If you have any
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SUMMARY:
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Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on February 18,
2016 and February 19, 2016, for the new
information collection requirements
contained in the Commission’s rules at
47 CFR 76.59(a)–(b) and 76.66(d)(6).
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Numbers are
3060–0546 and 3060–0980.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0546.
OMB Approval Date: February 18,
2016.
OMB Expiration Date: February 28,
2019.
Title: Section 76.59 Definition of
Markets for Purposes of the Cable
Television Mandatory Television
Broadcast Signal Carriage Rules.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business and other forprofit entities.
Number of Respondents and
Responses: 180 respondents and 200
responses.
Estimated Time per Response: 0.5 to
40 hours.
Frequency of Response: On occasion
reporting requirement; Third party
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disclosure requirement; Recordkeeping
requirement.
Total Annual Burden: 1,486 hours.
Total Annual Costs: $1,387,950.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 151, 154(i), 303(r), 338 and
534.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: On September 2,
2015, the Commission released a Report
and Order (Order), FCC 15–111, in MB
Docket No. 15–71, adopting satellite
television market modification rules to
implement Section 102 of the Satellite
Television Extension and Localism Act
(STELA) Reauthorization Act of 2014
(STELAR). The STELAR amended the
Communications Act and the Copyright
Act to give the Commission authority to
modify a commercial television
broadcast station’s local television
market—defined by The Nielsen
Company’s Designated Market Area
(DMA) in which it is located—to
include additional communities or
exclude communities for purposes of
better effectuating satellite carriage
rights. The Commission previously had
the authority to modify a station’s
market only in the cable carriage
context. Market modification allows the
Commission to modify the local
television market of a particular
commercial television broadcast station
to enable commercial television
stations, cable operators and satellite
carriers to better serve the interests of
local communities. Market modification
provides a means to avoid rigid
adherence to DMA designations and to
promote consumer access to in-state and
other relevant television programming.
Section 338(l) of the Communications
Act (the satellite market modification
provision) and Section 614(h)(1)(C) of
the Communications Act (the
corresponding cable provision) permit
the Commission to add communities to
or delete communities from a station’s
local television market following a
written request. Furthermore, the
Commission may determine that
particular communities are part of more
than one television market.
Section 76.59(a) of the Commission’s
Rules authorizes the filing of market
modification petitions and governs who
may file such a petition. With respect to
cable market modification petitions, a
commercial TV broadcast station and
cable system operator may file a market
modification petition to modify the
local television market of a particular
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations
commercial television broadcast station
for purposes of cable carriage rights.
With respect to satellite market
modification petitions, a commercial TV
broadcast stations, satellite carrier and
county governmental entity (such as a
county board, council, commission or
other equivalent subdivision) may file a
market modification petition to modify
the local television market of a
particular commercial television
broadcast station for purposes of
satellite carriage rights. Section 76.59(b)
of the Commission’s Rules requires that
market modification petitions and
responsive pleadings (e.g., oppositions,
comments, reply comments) must be
submitted in accordance with the
procedures for filing Special Relief
petitions in Section 76.7 of the rules.
Section 76.59(b) of the Commission’s
Rules requires petitioners (e.g.,
commercial TV broadcast stations, cable
system operators, satellite carriers and
county governments) to include the
specific evidence in support of market
modification petitions.
Section 338(l)(3) of the
Communications Act provides that ‘‘[a]
market determination . . . shall not
create additional carriage obligations for
a satellite carrier if it is not technically
and economically feasible for such
carrier to accomplish such carriage by
means of its satellites in operation at the
time of the determination.’’ If a satellite
carrier opposes a market modification
petition because the resulting carriage
would be technically or economically
infeasible pursuant to Section 338(l)(3),
the carrier must provide specific
evidence in its opposition or response to
a pre-filing coordination request (see
below) to demonstrate its claim of
infeasibility. If the satellite carrier is
claiming infeasibility based on
insufficient spot beam coverage, then
the carrier may instead provide a
detailed certification submitted under
penalty of perjury. Although the
Commission will not require satellite
carriers to provide supporting
documentation as part of their
certification, the Commission may
decide to look behind any certification
and require supporting documentation
when it deems it appropriate, such as
when there is evidence that the
certification may be inaccurate. In the
event that the Commission requires
supporting documentation, it will
require a satellite carrier to provide its
‘‘satellite link budget’’ calculations that
were created for the new community.
Because the Commission may determine
in a given case that supporting
documentation should be provided to
support a detailed certification, satellite
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carriers are required to retain such
‘‘satellite link budget’’ information in
the event that the Commission
determines further review by the
Commission is necessary. Satellite
carriers must retain such information
throughout the pendency of
Commission or judicial proceedings
involving the certification and any
related market modification petition. If
satellite carriers have concerns about
providing proprietary and confidential
information underlying their analysis,
they may request confidentiality.
The Report and Order establishes a
‘‘pre-filing coordination’’ process that
will allow a prospective petitioner for
market modification (i.e., broadcaster or
county government), at its option, to
request/obtain a certification from a
satellite carrier about whether or not
(and to what extent) carriage resulting
from a contemplated market
modification is technically and
economically feasible for such carrier
before the prospective petitioner
undertakes the time and expense of
preparing and filing a satellite market
modification petition. To initiate this
process, a prospective petitioner may
make a request in writing to a satellite
carrier for the carrier to provide the
certification about the feasibility or
infeasibility of carriage. A satellite
carrier must respond to this request
within a reasonable amount of time by
providing a feasibility certification to
the prospective petitioner. A satellite
carrier must also file a copy of the
correspondence and feasibility
certification it provides to the
prospective petitioner in this docket
electronically via ECFS so that the
Media Bureau can track these
certifications and monitor carrier
response time.
If the carrier is claiming spot beam
coverage infeasibility, then the
certification provided by the carrier
must be the same type of detailed
certification that would be required in
response to a market modification
petition. For any other claim of
infeasibility, the carrier’s feasibility
certification must explain in detail the
basis of such infeasibility and must be
prepared to provide documentation in
support of its claim, in the event the
prospective petitioner decides to seek a
Commission determination about the
validity of the carrier’s claim. If carriage
is feasible, a statement to that effect
must be provided in the certification. To
obtain a Commission determination
about the validity of the carrier’s claim
of infeasibility, a prospective petitioner
must either file a (separate) petition for
special relief or its market modification
petition.
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9361
OMB Control Number: 3060–0980.
OMB Approval Date: February 24,
2016.
OMB Expiration Date: February 28,
2019.
Title: Implementation of the Satellite
Home Viewer Improvement Act of 1999:
Local Broadcast Signal Carriage Issues
and Retransmission Consent Issues, 47
CFR Section 76.66.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 10,300 respondents; 11,978
responses.
Estimated Time per Response: 1 hour
to 5 hours.
Frequency of Response: Third party
disclosure requirement; On occasion
reporting requirement; Once every three
years reporting requirement;
Recordkeeping requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 325, 338, 339 and 340.
Total Annual Burden: 12,186 hours.
Total Annual Cost: $24,000.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: On September 2,
2015, the Commission released a Report
and Order (Order), FCC 15–111, in MB
Docket No. 15–71, adopting satellite
television market modification rules to
implement Section 102 of the Satellite
Television Extension and Localism Act
(STELA) Reauthorization Act of 2014
(STELAR). With respect to this
collection, the Order amended Section
76.66 of the Commission’s Rules by
adding a new paragraph (d)(6) that
addresses satellite carriage after a
market modification is granted by the
Commission.
47 CFR Section 76.66(d)(6) addresses
satellite carriage after a market
modification is granted by the
Commission. The rule states that
television broadcast stations that
become eligible for mandatory carriage
with respect to a satellite carrier
(pursuant to § 76.66) due to a change in
the market definition (by operation of a
market modification pursuant to
§ 76.59) may, within 30 days of the
effective date of the new definition,
elect retransmission consent or
mandatory carriage with respect to such
carrier.
A satellite carrier shall commence
carriage within 90 days of receiving the
carriage election from the television
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9362
Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations
broadcast station. The election must be
made in accordance with the
requirements of 47 CFR Section
76.66(d)(1).
Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2016–03957 Filed 2–24–16; 8:45 am]
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Agencies
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9360-9362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03957]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 15-71; FCC 15-111]
Television Market Modification; Statutory Implementation
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection associated with the Commission's Report and
Order, Television Market Modification; Statutory Implementation. This
document is consistent with the Report and Order, which stated that the
Commission would publish a document in the Federal Register announcing
OMB approval and the effective date of the rules.
DATES: The amendments to 47 CFR 76.59(a) and (b), published at 80 FR
59635, October 2, 2015, are effective February 25, 2016.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Cathy Williams, Cathy.Williams@fcc.gov, (202) 418-2918.
SUPPLEMENTARY INFORMATION: This document announces that, on February
18, 2016 and February 19, 2016, OMB approved the information collection
requirements contained in the Commission's Report and Order, FCC 15-
111, published at 80 FR 59635, October 2, 2015. The OMB Control Numbers
are 3060-0546 and 3060-0980. The Commission publishes this notice as an
announcement of the effective date of the rules. If you have any
comments on the burden estimates listed below, or how the Commission
can improve the collections and reduce any burdens caused thereby,
please contact Cathy Williams, Federal Communications Commission, Room
1-C823, 445 12th Street SW., Washington, DC 20554. Please include the
OMB Control Numbers, 3060-0546 and 3060-0980, in your correspondence.
The Commission will also accept your comments via the Internet if you
send them to PRA@fcc.gov.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
February 18, 2016 and February 19, 2016, for the new information
collection requirements contained in the Commission's rules at 47 CFR
76.59(a)-(b) and 76.66(d)(6).
Under 5 CFR 1320, an agency may not conduct or sponsor a collection
of information unless it displays a current, valid OMB Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number. The OMB
Control Numbers are 3060-0546 and 3060-0980.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0546.
OMB Approval Date: February 18, 2016.
OMB Expiration Date: February 28, 2019.
Title: Section 76.59 Definition of Markets for Purposes of the
Cable Television Mandatory Television Broadcast Signal Carriage Rules.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business and other for-profit entities.
Number of Respondents and Responses: 180 respondents and 200
responses.
Estimated Time per Response: 0.5 to 40 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement; Recordkeeping requirement.
Total Annual Burden: 1,486 hours.
Total Annual Costs: $1,387,950.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in 47 U.S.C. 151,
154(i), 303(r), 338 and 534.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Impact Assessment(s): No impact(s).
Needs and Uses: On September 2, 2015, the Commission released a
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting
satellite television market modification rules to implement Section 102
of the Satellite Television Extension and Localism Act (STELA)
Reauthorization Act of 2014 (STELAR). The STELAR amended the
Communications Act and the Copyright Act to give the Commission
authority to modify a commercial television broadcast station's local
television market--defined by The Nielsen Company's Designated Market
Area (DMA) in which it is located--to include additional communities or
exclude communities for purposes of better effectuating satellite
carriage rights. The Commission previously had the authority to modify
a station's market only in the cable carriage context. Market
modification allows the Commission to modify the local television
market of a particular commercial television broadcast station to
enable commercial television stations, cable operators and satellite
carriers to better serve the interests of local communities. Market
modification provides a means to avoid rigid adherence to DMA
designations and to promote consumer access to in-state and other
relevant television programming. Section 338(l) of the Communications
Act (the satellite market modification provision) and Section
614(h)(1)(C) of the Communications Act (the corresponding cable
provision) permit the Commission to add communities to or delete
communities from a station's local television market following a
written request. Furthermore, the Commission may determine that
particular communities are part of more than one television market.
Section 76.59(a) of the Commission's Rules authorizes the filing of
market modification petitions and governs who may file such a petition.
With respect to cable market modification petitions, a commercial TV
broadcast station and cable system operator may file a market
modification petition to modify the local television market of a
particular
[[Page 9361]]
commercial television broadcast station for purposes of cable carriage
rights. With respect to satellite market modification petitions, a
commercial TV broadcast stations, satellite carrier and county
governmental entity (such as a county board, council, commission or
other equivalent subdivision) may file a market modification petition
to modify the local television market of a particular commercial
television broadcast station for purposes of satellite carriage rights.
Section 76.59(b) of the Commission's Rules requires that market
modification petitions and responsive pleadings (e.g., oppositions,
comments, reply comments) must be submitted in accordance with the
procedures for filing Special Relief petitions in Section 76.7 of the
rules. Section 76.59(b) of the Commission's Rules requires petitioners
(e.g., commercial TV broadcast stations, cable system operators,
satellite carriers and county governments) to include the specific
evidence in support of market modification petitions.
Section 338(l)(3) of the Communications Act provides that ``[a]
market determination . . . shall not create additional carriage
obligations for a satellite carrier if it is not technically and
economically feasible for such carrier to accomplish such carriage by
means of its satellites in operation at the time of the
determination.'' If a satellite carrier opposes a market modification
petition because the resulting carriage would be technically or
economically infeasible pursuant to Section 338(l)(3), the carrier must
provide specific evidence in its opposition or response to a pre-filing
coordination request (see below) to demonstrate its claim of
infeasibility. If the satellite carrier is claiming infeasibility based
on insufficient spot beam coverage, then the carrier may instead
provide a detailed certification submitted under penalty of perjury.
Although the Commission will not require satellite carriers to provide
supporting documentation as part of their certification, the Commission
may decide to look behind any certification and require supporting
documentation when it deems it appropriate, such as when there is
evidence that the certification may be inaccurate. In the event that
the Commission requires supporting documentation, it will require a
satellite carrier to provide its ``satellite link budget'' calculations
that were created for the new community. Because the Commission may
determine in a given case that supporting documentation should be
provided to support a detailed certification, satellite carriers are
required to retain such ``satellite link budget'' information in the
event that the Commission determines further review by the Commission
is necessary. Satellite carriers must retain such information
throughout the pendency of Commission or judicial proceedings involving
the certification and any related market modification petition. If
satellite carriers have concerns about providing proprietary and
confidential information underlying their analysis, they may request
confidentiality.
The Report and Order establishes a ``pre-filing coordination''
process that will allow a prospective petitioner for market
modification (i.e., broadcaster or county government), at its option,
to request/obtain a certification from a satellite carrier about
whether or not (and to what extent) carriage resulting from a
contemplated market modification is technically and economically
feasible for such carrier before the prospective petitioner undertakes
the time and expense of preparing and filing a satellite market
modification petition. To initiate this process, a prospective
petitioner may make a request in writing to a satellite carrier for the
carrier to provide the certification about the feasibility or
infeasibility of carriage. A satellite carrier must respond to this
request within a reasonable amount of time by providing a feasibility
certification to the prospective petitioner. A satellite carrier must
also file a copy of the correspondence and feasibility certification it
provides to the prospective petitioner in this docket electronically
via ECFS so that the Media Bureau can track these certifications and
monitor carrier response time.
If the carrier is claiming spot beam coverage infeasibility, then
the certification provided by the carrier must be the same type of
detailed certification that would be required in response to a market
modification petition. For any other claim of infeasibility, the
carrier's feasibility certification must explain in detail the basis of
such infeasibility and must be prepared to provide documentation in
support of its claim, in the event the prospective petitioner decides
to seek a Commission determination about the validity of the carrier's
claim. If carriage is feasible, a statement to that effect must be
provided in the certification. To obtain a Commission determination
about the validity of the carrier's claim of infeasibility, a
prospective petitioner must either file a (separate) petition for
special relief or its market modification petition.
OMB Control Number: 3060-0980.
OMB Approval Date: February 24, 2016.
OMB Expiration Date: February 28, 2019.
Title: Implementation of the Satellite Home Viewer Improvement Act
of 1999: Local Broadcast Signal Carriage Issues and Retransmission
Consent Issues, 47 CFR Section 76.66.
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 10,300 respondents; 11,978
responses.
Estimated Time per Response: 1 hour to 5 hours.
Frequency of Response: Third party disclosure requirement; On
occasion reporting requirement; Once every three years reporting
requirement; Recordkeeping requirement.
Obligation To Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in 47 U.S.C. 325,
338, 339 and 340.
Total Annual Burden: 12,186 hours.
Total Annual Cost: $24,000.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: On September 2, 2015, the Commission released a
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting
satellite television market modification rules to implement Section 102
of the Satellite Television Extension and Localism Act (STELA)
Reauthorization Act of 2014 (STELAR). With respect to this collection,
the Order amended Section 76.66 of the Commission's Rules by adding a
new paragraph (d)(6) that addresses satellite carriage after a market
modification is granted by the Commission.
47 CFR Section 76.66(d)(6) addresses satellite carriage after a
market modification is granted by the Commission. The rule states that
television broadcast stations that become eligible for mandatory
carriage with respect to a satellite carrier (pursuant to Sec. 76.66)
due to a change in the market definition (by operation of a market
modification pursuant to Sec. 76.59) may, within 30 days of the
effective date of the new definition, elect retransmission consent or
mandatory carriage with respect to such carrier.
A satellite carrier shall commence carriage within 90 days of
receiving the carriage election from the television
[[Page 9362]]
broadcast station. The election must be made in accordance with the
requirements of 47 CFR Section 76.66(d)(1).
Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2016-03957 Filed 2-24-16; 8:45 am]
BILLING CODE 6712-01-P