Media Bureau Seeks Comment on Requiring the Filing of Transition Progress Reports by Stations That Are Not Eligible for Reimbursement From the TV Broadcast Relocation Fund, 10559-10561 [2017-02926]
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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules
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Zone and Captain of the Port Zone.’’
With its publication, we initiated the
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rulemaking process to learn all possible
navigational, environmental, terrestrial,
and other effects caused by a
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continue encouraging this important
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Dated: December 27, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2017–02934 Filed 2–13–17; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 16–306, GN Docket No. 12–
268; DA 17–34]
Media Bureau Seeks Comment on
Requiring the Filing of Transition
Progress Reports by Stations That Are
Not Eligible for Reimbursement From
the TV Broadcast Relocation Fund
Federal Communications
Commission.
ACTION: Proposed rule; request for
comment.
AGENCY:
In this document, the Federal
Communications Commission seeks
comment on a proposed Transition
Progress Report (FCC Form 2100—
Schedule 387 (Transition Progress
Report)) and proposed filing
requirements for periodic progress
reports by full power and Class A
television stations that are not eligible to
receive payment of relocation expenses
from the TV Broadcast Relocation Fund
in connection with their being assigned
to a new channel through the Incentive
Auction. The Commission tentatively
concludes that this mechanism is
needed to help the Commission,
broadcasters, those involved in
construction of broadcast facilities,
SUMMARY:
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10559
other interested parties, and the public
to monitor the construction of the
stations that are not eligible for
reimbursement.
DATES: Comments due on or before
March 1, 2017; and reply comments are
due on or before March 13, 2017.
ADDRESSES: You may submit comments,
identified by GN Docket No. 12–268 and
MB Docket No. 16–306, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
www.fcc.gov/. Electronic Filers:
Comments may be filed electronically
using the Internet by accessing the
ECFS: https://www.fcc.gov/ecfs/.
• Paper Filers: Filings can be sent by
hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
All hand-delivered or messengerdelivered 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 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.
Commercial overnight mail (other than
U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East
Hampton Drive, Capitol Heights, MD
20743. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
People with Disabilities: 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.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Joyce.Bernstein@
fcc.gov, (202) 418–1647.
SUPPLEMENTARY INFORMATION: In the
Incentive Auction R&O, the Commission
adopted rules and procedures for
conducting the broadcast television
incentive auction. See Expanding the
Economic and Innovation Opportunities
of Spectrum Through Incentive
Auctions, GN Docket No. 12–268,
Report and Order, 79 FR 48442, August
15, 2014. The incentive auction is
composed of a reverse auction in which
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10560
Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules
broadcasters offer to voluntarily
relinquish some or all of their spectrum
usage rights, and a forward auction of
new, flexible-use licenses suitable for
providing mobile broadband services.
The reverse auction incorporates a
repacking process to reorganize the
broadcast television bands so that the
television stations that remain on the air
after the transition will occupy a smaller
portion of the ultra-high frequency
(UHF) band, thereby clearing contiguous
spectrum that will be repurposed as the
600 MHz Band for flexible wireless use.
After bidding concludes, the Media and
Wireless Telecommunications Bureaus
will release the Closing and
Reassignment Public Notice which,
among other things, will announce the
results of the repacking process and
identify the channel reassignments of
television channels. The Closing and
Reassignment Public Notice will also
establish the beginning of the 39-month
post-auction transition period
(transition period). By the end of the
transition period, all stations reassigned
to new channels must complete
construction of their post-auction
channel facilities, commence operation
on their post-auction channel, cease
operation on their pre-auction channel,
and file a license application.
Most stations that incur costs as a
result of being reassigned to new
channels will be eligible for
reimbursement from the Reimbursement
Fund and the Commission determined
in the Incentive Auction R&O, that
reimbursable stations will be required,
on a regular basis, to provide progress
reports to the Commission showing how
the disbursed funds have been spent
and what portion of their construction
is complete. In this document the
Bureau announces that each full power
and Class A television station that is
eligible for reimbursement of its
relocation costs from the TV Broadcast
Relocation Fund established by the
Middle Class Tax Relief and Job
Creation Act of 2012 must periodically
file an FCC Form 2100—Schedule 387
(Transition Progress Report) that is
attached as Appendix A to the Public
Notice. The appendix is available at
https://apps.fcc.gov/edocs_public/
attachmatch/DA-17-34A1.pdf.
Reimbursable stations must file
Transition Progress Reports using the
Commission’s electronic filing system
starting with first full calendar quarter
after completion of the Incentive
Auction and on a quarterly basis
thereafter. In addition to these quarterly
reports, reimbursable stations must file
the reports: (1) 10 weeks before the end
of their assigned construction deadline;
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16:01 Feb 13, 2017
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(2) 10 days after they complete all work
related to construction of their postauction facilities; and (3) five days after
they cease broadcasting on their preauction channel. Once a station has
filed Transition Progress Reports
certifying that it has completed all work
related to construction of its postauction facilities and has ceased
operating on its pre-auction channel, it
will no longer be required to file reports.
Other stations that will be relocating
to new channels are not eligible for
reimbursement, including stations with
a winning reverse auction bid to move
to the low or high very-high frequency
(VHF) band, stations requesting a waiver
of the Commission’s service rules in lieu
of reimbursement, and a small number
of Class A stations that may be
displaced as a result of repacking. This
document tentatively concludes that a
similar mechanism is needed to help the
Commission, broadcasters, those
involved in construction of broadcast
facilities, other interested parties, and
the public to monitor the construction
of the stations that are not eligible for
reimbursement, and seeks comment on
the Transition Progress Report as it
relates to non-reimbursable stations,
including whether the same questions
asked of reimbursable stations should be
asked of non-reimbursable stations, or
whether different filing intervals or
different filing requirements would be
advisable.
Paperwork Reduction Act of 1995
Analysis: This document contains new
or modified information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens, the general public
and the Office of Management and
Budget (OMB) are invited to comment
on the information collection
requirements contained in this
document as required by the Paperwork
Reduction Act of 1995, Public Law 104–
13, see 44 U.S.C. 3507.
Initial Regulatory Flexibility Act
Analysis: 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 this PN (Progress Report
Form PN). 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 Progress Report Form PN. The
Commission will send a copy of the
Progress Report Form PN, including this
IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration
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Fmt 4702
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(‘‘SBA’’). In addition, the Progress
Report Form PN and IRFA (or
summaries thereof) will be published in
the Federal Register.
The Regulatory Flexibility Act of
1980, as amended (‘‘RFA’’), requires that
a regulatory flexibility analysis be
prepared for notice and comment rule
making proceedings, unless the agency
certifies that ‘‘the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.’’ 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 Small Business
Administration (SBA).
A. Need for, and Objectives of, the
Proposed Rule Changes
The Federal Communications
Commission (Commission) adopted a
39-month transition period during
which television stations that are
assigned to new channels in the
incentive auction must construct their
new facilities. The Commission
determined that reassigned television
stations that are eligible for
reimbursement from the TV Broadcast
Relocation Fund are required, on a
regular basis, to provide progress reports
to the Commission showing how the
disbursed funds have been spent and
what portion of construction is
complete. The Commission directed the
Media Bureau (Bureau) to develop a
form for such progress reports and set
the filing deadlines for such reports.
The Progress Report Form PN describes
the information that must be provided
by these stations, and when and how
the progress reports must be filed. The
Bureau proposes to require that
reassigned television stations that are
not eligible for reimbursement from the
TV Broadcast Relocation Fund provide
the same progress reports to the
Commission on the same schedule as
that specified for stations eligible for
reimbursement. The Transition Progress
Report in Appendix A requires
reassigned stations to certify that certain
steps toward construction of their postauction channel either have been
completed or are not required, and to
identify potential problems which they
believe may make it difficult for them to
meet their construction deadlines. The
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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules
information in the progress reports will
be used by the Commission, stations,
and other interested parties to monitor
the status of reassigned stations’
construction during the 39-month
transition period.
B. Legal Basis
The proposed action is authorized
pursuant to sections 1, 4, 301, 303, 307,
308, 309, 310, 316, 319, and 403 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154, 301, 303,
307, 308, 309, 310, 316, 319, and 403.
sradovich on DSK3GMQ082PROD with PROPOSALS
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
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.
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.
Apart from the U.S. Census, the
Commission has estimated the number
of licensed commercial television
stations to be 1,386 stations. Of this
total, 1,221 stations (or about 88
percent) had revenues of $38.5 million
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16:01 Feb 13, 2017
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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. 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.
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 418. Given the nature of these
services, we will presume that these
licensees qualify as small entities under
the SBA definition.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
The Bureau proposes that reassigned
stations that are not eligible for
reimbursement file the Transition
Progress Report in Appendix A on a
quarterly basis, beginning for the first
full quarter after the release of a public
notice announcing the completion of the
incentive auction, as well as 10 weeks
before their construction deadline, 10
days after they complete construction of
their post-auction facility, and five days
after they cease broadcasting on their
pre-auction channel. Once a station has
ceased operating on its pre-auction
channel, it would no longer need to file
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10561
reports. We seek comment on the
possible burdens the reporting
requirement would place on small
entities. Entities, especially small
businesses, are encouraged to quantify,
if possible, the costs and benefits of the
proposed reporting requirement.
E. Steps Taken To Minimize Significant
Impact on Small Entities and
Significant Alternatives Considered
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.
In general, alternatives to proposed
rules or policies are discussed only
when those rules pose a significant
adverse economic impact on small
entities. We believe the burdens of the
proposed reporting requirement are
minimal and, in any event, are
outweighed by the potential benefits of
allowing for monitoring of the postauction transition. In particular, the
intent is to allow the Commission,
broadcasters, and other interested
parties to more closely monitor that
status of construction during the
transition, and focus resources on
ensuring successful completion of the
transition by all reassigned stations and
continuity of over-the-air television
service. Although the proposal to
require reassigned stations that are not
eligible for reimbursement to file regular
progress reports during the transition
may impose additional burdens on these
stations, we believe the benefits of the
proposal (such as further facilitating the
successful post-incentive auction
transition) outweigh any burdens
associated with compliance.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
None.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2017–02926 Filed 2–13–17; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Proposed Rules]
[Pages 10559-10561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02926]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 16-306, GN Docket No. 12-268; DA 17-34]
Media Bureau Seeks Comment on Requiring the Filing of Transition
Progress Reports by Stations That Are Not Eligible for Reimbursement
From the TV Broadcast Relocation Fund
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; request for comment.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission seeks
comment on a proposed Transition Progress Report (FCC Form 2100--
Schedule 387 (Transition Progress Report)) and proposed filing
requirements for periodic progress reports by full power and Class A
television stations that are not eligible to receive payment of
relocation expenses from the TV Broadcast Relocation Fund in connection
with their being assigned to a new channel through the Incentive
Auction. The Commission tentatively concludes that this mechanism is
needed to help the Commission, broadcasters, those involved in
construction of broadcast facilities, other interested parties, and the
public to monitor the construction of the stations that are not
eligible for reimbursement.
DATES: Comments due on or before March 1, 2017; and reply comments are
due on or before March 13, 2017.
ADDRESSES: You may submit comments, identified by GN Docket No. 12-268
and MB Docket No. 16-306, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://www.fcc.gov/. Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
Paper Filers: Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail. All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission. All hand-delivered or messenger-delivered
paper filings for the Commission's Secretary must be delivered to FCC
Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554.
The filing hours are 8:00 a.m. to 7 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. Commercial overnight
mail (other than U.S. Postal Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be
addressed to 445 12th Street SW., Washington, DC 20554.
People with Disabilities: 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.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein,
Joyce.Bernstein@fcc.gov, (202) 418-1647.
SUPPLEMENTARY INFORMATION: In the Incentive Auction R&O, the Commission
adopted rules and procedures for conducting the broadcast television
incentive auction. See Expanding the Economic and Innovation
Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-
268, Report and Order, 79 FR 48442, August 15, 2014. The incentive
auction is composed of a reverse auction in which
[[Page 10560]]
broadcasters offer to voluntarily relinquish some or all of their
spectrum usage rights, and a forward auction of new, flexible-use
licenses suitable for providing mobile broadband services. The reverse
auction incorporates a repacking process to reorganize the broadcast
television bands so that the television stations that remain on the air
after the transition will occupy a smaller portion of the ultra-high
frequency (UHF) band, thereby clearing contiguous spectrum that will be
repurposed as the 600 MHz Band for flexible wireless use. After bidding
concludes, the Media and Wireless Telecommunications Bureaus will
release the Closing and Reassignment Public Notice which, among other
things, will announce the results of the repacking process and identify
the channel reassignments of television channels. The Closing and
Reassignment Public Notice will also establish the beginning of the 39-
month post-auction transition period (transition period). By the end of
the transition period, all stations reassigned to new channels must
complete construction of their post-auction channel facilities,
commence operation on their post-auction channel, cease operation on
their pre-auction channel, and file a license application.
Most stations that incur costs as a result of being reassigned to
new channels will be eligible for reimbursement from the Reimbursement
Fund and the Commission determined in the Incentive Auction R&O, that
reimbursable stations will be required, on a regular basis, to provide
progress reports to the Commission showing how the disbursed funds have
been spent and what portion of their construction is complete. In this
document the Bureau announces that each full power and Class A
television station that is eligible for reimbursement of its relocation
costs from the TV Broadcast Relocation Fund established by the Middle
Class Tax Relief and Job Creation Act of 2012 must periodically file an
FCC Form 2100--Schedule 387 (Transition Progress Report) that is
attached as Appendix A to the Public Notice. The appendix is available
at https://apps.fcc.gov/edocs_public/attachmatch/DA-17-34A1.pdf.
Reimbursable stations must file Transition Progress Reports using the
Commission's electronic filing system starting with first full calendar
quarter after completion of the Incentive Auction and on a quarterly
basis thereafter. In addition to these quarterly reports, reimbursable
stations must file the reports: (1) 10 weeks before the end of their
assigned construction deadline; (2) 10 days after they complete all
work related to construction of their post-auction facilities; and (3)
five days after they cease broadcasting on their pre-auction channel.
Once a station has filed Transition Progress Reports certifying that it
has completed all work related to construction of its post-auction
facilities and has ceased operating on its pre-auction channel, it will
no longer be required to file reports.
Other stations that will be relocating to new channels are not
eligible for reimbursement, including stations with a winning reverse
auction bid to move to the low or high very-high frequency (VHF) band,
stations requesting a waiver of the Commission's service rules in lieu
of reimbursement, and a small number of Class A stations that may be
displaced as a result of repacking. This document tentatively concludes
that a similar mechanism is needed to help the Commission,
broadcasters, those involved in construction of broadcast facilities,
other interested parties, and the public to monitor the construction of
the stations that are not eligible for reimbursement, and seeks comment
on the Transition Progress Report as it relates to non-reimbursable
stations, including whether the same questions asked of reimbursable
stations should be asked of non-reimbursable stations, or whether
different filing intervals or different filing requirements would be
advisable.
Paperwork Reduction Act of 1995 Analysis: This document contains
new or modified information collection requirements. The Commission, as
part of its continuing effort to reduce paperwork burdens, the general
public and the Office of Management and Budget (OMB) are invited to
comment on the information collection requirements contained in this
document as required by the Paperwork Reduction Act of 1995, Public Law
104-13, see 44 U.S.C. 3507.
Initial Regulatory Flexibility Act Analysis: 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 this PN (Progress Report Form
PN). 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 Progress
Report Form PN. The Commission will send a copy of the Progress Report
Form PN, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (``SBA''). In addition, the Progress
Report Form PN and IRFA (or summaries thereof) will be published in the
Federal Register.
The Regulatory Flexibility Act of 1980, as amended (``RFA''),
requires that a regulatory flexibility analysis be prepared for notice
and comment rule making proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' 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 Small Business
Administration (SBA).
A. Need for, and Objectives of, the Proposed Rule Changes
The Federal Communications Commission (Commission) adopted a 39-
month transition period during which television stations that are
assigned to new channels in the incentive auction must construct their
new facilities. The Commission determined that reassigned television
stations that are eligible for reimbursement from the TV Broadcast
Relocation Fund are required, on a regular basis, to provide progress
reports to the Commission showing how the disbursed funds have been
spent and what portion of construction is complete. The Commission
directed the Media Bureau (Bureau) to develop a form for such progress
reports and set the filing deadlines for such reports. The Progress
Report Form PN describes the information that must be provided by these
stations, and when and how the progress reports must be filed. The
Bureau proposes to require that reassigned television stations that are
not eligible for reimbursement from the TV Broadcast Relocation Fund
provide the same progress reports to the Commission on the same
schedule as that specified for stations eligible for reimbursement. The
Transition Progress Report in Appendix A requires reassigned stations
to certify that certain steps toward construction of their post-auction
channel either have been completed or are not required, and to identify
potential problems which they believe may make it difficult for them to
meet their construction deadlines. The
[[Page 10561]]
information in the progress reports will be used by the Commission,
stations, and other interested parties to monitor the status of
reassigned stations' construction during the 39-month transition
period.
B. Legal Basis
The proposed action is authorized pursuant to sections 1, 4, 301,
303, 307, 308, 309, 310, 316, 319, and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154, 301, 303, 307, 308, 309, 310,
316, 319, and 403.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
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.
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.
Apart from the U.S. Census, the Commission has estimated the number
of licensed commercial television stations to be 1,386 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. 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.
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 418. Given the
nature of these services, we will presume that these licensees qualify
as small entities under the SBA definition.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The Bureau proposes that reassigned stations that are not eligible
for reimbursement file the Transition Progress Report in Appendix A on
a quarterly basis, beginning for the first full quarter after the
release of a public notice announcing the completion of the incentive
auction, as well as 10 weeks before their construction deadline, 10
days after they complete construction of their post-auction facility,
and five days after they cease broadcasting on their pre-auction
channel. Once a station has ceased operating on its pre-auction
channel, it would no longer need to file reports. We seek comment on
the possible burdens the reporting requirement would place on small
entities. Entities, especially small businesses, are encouraged to
quantify, if possible, the costs and benefits of the proposed reporting
requirement.
E. Steps Taken To Minimize Significant Impact on Small Entities and
Significant Alternatives Considered
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.
In general, alternatives to proposed rules or policies are
discussed only when those rules pose a significant adverse economic
impact on small entities. We believe the burdens of the proposed
reporting requirement are minimal and, in any event, are outweighed by
the potential benefits of allowing for monitoring of the post-auction
transition. In particular, the intent is to allow the Commission,
broadcasters, and other interested parties to more closely monitor that
status of construction during the transition, and focus resources on
ensuring successful completion of the transition by all reassigned
stations and continuity of over-the-air television service. Although
the proposal to require reassigned stations that are not eligible for
reimbursement to file regular progress reports during the transition
may impose additional burdens on these stations, we believe the
benefits of the proposal (such as further facilitating the successful
post-incentive auction transition) outweigh any burdens associated with
compliance.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
None.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2017-02926 Filed 2-13-17; 8:45 am]
BILLING CODE 6712-01-P