Channel Sharing Rules, 18240-18252 [2017-07171]
Download as PDF
18240
Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations
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caneberry subgroup (crop subgroup 13–
07A) at 0.90 ppm, the bushberry
subgroup (crop subgroup 13–07B) at 1.5
ppm, the small fruit vine climbing
subgroup (crop subgroup 13–07D) at 1.5
ppm, the low growing berry subgroup
except cranberry (crop subgroup 13–
07G) at 0.50 ppm, and cucurbit
vegetables (crop group 9) at 0.30 ppm.
Also, the Agency is removing two
individual tolerances from the table at
40 CFR 180.660(a) that were not
identified in the petition to eliminate
redundancies upon the establishment of
the recommended crop group and
subgroup tolerances: grape at 0.3 ppm,
grape, raisin at 0.5 ppm.
VI. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
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or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: February 20, 2017.
Richard P. Keigwin, Jr.,
Acting Director, Office of Pesticide Program.
Therefore, 40 CFR part 180 is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.660, revise the table in
paragraph (a) to read as follows:
■
§ 180.660 Pyriofenone; tolerance for
residues.
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(a) * * *
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million
Commodity
Berry, low growing, subgroup
13–07G (except cranberry) ...
Bushberry subgroup 13–07B ....
Caneberry subgroup 13–07A ...
Fruit, small vine climbing subgroup 13–07D .......................
Vegetables, cucurbit, crop
group 9 ..................................
*
*
*
*
0.50
1.5
0.90
1.5
0.30
*
[FR Doc. 2017–07818 Filed 4–17–17; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 74
[MB Docket Nos. 03–185, 15–137; GN
Docket No. 12–268; FCC 17–29]
Channel Sharing Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this Report and Order, the
Federal Communications Commission
(Commission) adopted rules to allow
full power and Class A stations with
auction-related channel sharing
agreements (CSAs) to become sharees
outside of the incentive auction context
so that they can continue to operate if
their auction-related CSAs expire or
otherwise terminate. The Commission
also adopted rules to allow all low
power television and TV translator
stations (secondary stations) to share a
channel with another secondary station
or with a full power or Class A station.
This action will assist secondary
stations that are displaced by the
incentive auction and the repacking
process to continue to operate in the
post-auction television bands. The rules
adopted in this R&O will enhance the
benefits of channel sharing for
broadcasters without imposing
significant burdens on multichannel
video programming distributors
(MVPDs).
SUMMARY:
These rules are effective May 18,
2017 except for §§ 73.3800, 73.6028, and
74.799(h), which contain new or
modified information collection
requirements that require approval by
the OMB under the Paperwork
Reduction Act and will become effective
after the Commission publishes a
document in the Federal Register
announcing such approval and the
relevant effective date.
DATES:
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Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
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Shaun Maher, Shaun.Maher@fcc.gov of
the Media Bureau, Video Division, (202)
418–2324. For additional information
concerning the PRA information
collection requirements contained in
this document, contact Cathy Williams,
Federal Communications Commission,
at (202) 418–2918, or via email
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order (R&O), MB Docket Nos. 03–
185, 15–137; GN Docket No. 12–268;
FCC 17–29, adopted on March 23, 2017
and released March 24, 2017. The full
text is available for inspection and
copying during regular business hours
in the FCC Reference Center, 445 12th
Street SW., Room CY–A257, Portals II,
Washington, DC 20554. This document
is available in alternative formats
(computer diskette, large print, audio
record, and Braille). Persons with
disabilities who need documents in
these formats may contact the FCC by
email: FCC504@fcc.gov or phone: 202–
418–0530 or TTY: 202–418–0432.
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, will invite the
general public and the Office of
Management and Budget (OMB) to
comment on the information collection
requirements contained in this
document in a separate Federal Register
Notice, as required by the Paperwork
Reduction Act of 1995, 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 previously sought specific comment
on how we might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
Congressional Review Act: The
Commission will send a copy of this
R&O to Congress and the Government
Accountability Office (GAO) pursuant to
the Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
Synopsis
1. In this R&O, the Commission
adopted rules to allow full power and
Class A stations with auction-related
channel sharing agreements (CSAs) to
become sharees outside of the incentive
auction context so that they can
continue to operate if their auctionrelated CSAs expire or otherwise
terminate. The Commission also
adopted rules to allow all low power
television and TV translator stations
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(secondary stations) to share a channel
with another secondary station or with
a full power or Class A station. This
action will assist secondary stations that
are displaced by the incentive auction
and the repacking process to continue to
operate in the post-auction television
bands. The rules adopted in this R&O
will enhance the benefits of channel
sharing for broadcasters without
imposing significant burdens on
multichannel video programming
distributors (MVPDs).
Extending Channel Sharing Outside the
Incentive Auction
2. In the R&O, the Commission
expand its channel sharing rules to
allow full power stations with auctionrelated CSAs to become sharees outside
of the auction context. The Commission
also permitted all secondary stations to
be sharee stations outside the auction
context. The Commission concluded
that specific provisions of Title III of the
Communications Act of 1934, as
amended (Act) provide ample authority
to adopt rules to expand channel
sharing outside the auction context.
Section 303(g) authorizes the
Commission to ‘‘generally encourage the
larger and more effective use of radio in
the public interest.’’ Consistent with
that provision, channel sharing
promotes efficient use of spectrum by
allowing two or more television stations
to share a single 6 MHz channel. Section
307(b) directs the Commission to make
‘‘distribution of licenses, frequencies,
hours of operation, and of power among
the several States and communities as to
provide a fair, efficient, and equitable
distribution of radio service to each of
the same.’’ Pursuant to its mandate
under section 307(b), the Commission
disfavors loss of broadcast service.
Consistent with this provision, adopting
channel sharing rules will help prevent
loss of service by ensuring that stations
that enter into CSAs in connection with
the auction may continue broadcasting
if and when their auction-related CSAs
terminate or otherwise expire. In
addition, authorizing additional types of
channel sharing for secondary stations,
including with primary stations, will
increase the opportunities for displaced
secondary stations to continue
broadcasting after the incentive auction
and the repacking. Section 316 gives the
Commission the authority to modify
licenses, including by rulemaking, if it
finds that will serve the public interest.
Consistent with this provision, we find
that adopting channel sharing rules will
serve the public interest by promoting
the efficient use of spectrum and
facilitating the continued availability of
broadcast television stations.
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3. Full Power Stations. The
Commission permitted full power
stations with auction-related CSAs to
become sharees outside of the auction
context. This action will ensure that full
power stations with auction-related
CSAs are able to enter into new CSAs
outside the auction context once their
auction-related CSAs expire or
otherwise terminate and, therefore, are
able to continue to channel share and
provide service to the public. Permitting
channel sharing outside the auction for
full power stations with auction-related
CSAs is a logical extension of the
Commission’s prior decision to adopt
more flexible auction-related channel
sharing rules and to permit term-limited
CSAs.
4. The Commission will not allow full
power stations without auction-related
CSAs to become sharees following the
auction. There is little evidence of
demand at this time for other full power
stations to become sharees. The
Commission believes it is unlikely that
a full power station that chose not to bid
to channel share in the auction, when it
was eligible to be compensated for the
spectrum it relinquished, would elect to
channel share outside the auction
context and to relinquish spectrum
without compensation. The Commission
also believes it is unlikely that a full
power station that submitted an
unsuccessful channel sharing bid in the
auction would seek to relinquish its
spectrum outside the auction context
without compensation in order to
channel share rather than choosing
another option, such as selling its
station.
5. In addition, by declining to allow
full power stations without auctionrelated CSAs to become sharees outside
the auction context, the Commission
addresses concerns that full power
channel sharing outside the auction
context could increase the number of
full power stations MVPDs are required
to carry. First, absent this limitation,
channel sharing could allow unbuilt full
power stations to become sharee
stations, thereby providing these
stations with a shortcut to obtaining
carriage and artificially increasing the
number of stations MVPDs are required
to carry. Second, absent this limitation,
if a full power station vacates its
channel post-auction to share another
station’s channel, the vacated channel
could be made available for licensing to
a new full power station, thereby
providing both the original station (now
transmitting on a shared channel) and
the new station with must-carry rights.
Thus, by limiting full power sharees
outside of the auction context to only
those with an auction-related CSA, the
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Commission avoids an increase in the
number of full power stations MVPDs
are required to carry under the mustcarry regime.
6. Secondary Stations. The
Commission permitted all secondary
stations to be sharee stations outside the
auction context. As the Commission has
previously explained, channel sharing
outside of the auction context has the
potential to increase the opportunities
for displaced secondary stations to
survive the impending spectrum repack
and continue providing programming to
the public. Channel sharing also has the
potential to reduce construction and
operating costs for resource-constrained
secondary stations, including small,
minority-owned, and niche stations.
Primary-secondary sharing will allow
secondary stations to expand their
coverage areas by sharing with full
power sharer stations and provide them
with increased interference protection.
This type of ‘‘quasi’’ interference
protection may serve to promote
channel sharing as an attractive option
to secondary stations that are seeking a
method to avoid displacement of their
facilities by primary users.
7. The Commission’s decision to
allow all secondary stations to become
sharee stations encompasses unbuilt
secondary stations. This approach will
assist permittees of secondary stations
who prefer to commence service via
channel sharing by allowing them to
enter into a CSA without first
constructing a stand-alone station.
Because sharee stations must use the
same transmission facility as the sharer,
an unbuilt sharee will be able to either
divide initial construction costs with
the sharer or avoid such costs entirely.
In addition, by sharing ongoing costs
like electricity and maintenance with
the sharer station, the unbuilt secondary
permittee can free up resources that can
be devoted to improving programming
services.
8. The Commission concludes that its
action will not unduly burden cable
operators. As an initial matter, as
discussed below, the Commission
interpret the must-carry provisions of
the Act to deny carriage rights to
secondary sharee stations that are not
exercising must carry rights on their
existing channel on the date of release
of the incentive auction Closing and
Reassignment PN. Thus, although the
Commission allowed all secondary
stations to become sharee stations
outside the auction context, it ensured
that stations cannot use sharing as a
shortcut to obtaining cable carriage
rights. Moreover, unlike full power
commercial stations, which are entitled
to assert mandatory carriage rights on
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cable systems throughout their DMA,
secondary stations qualify for mustcarry on cable systems only under very
limited circumstances set forth in
section 614 of the Act. The strict
requirements for carriage set forth in the
Act will continue to apply to secondary
stations.
9. Sharer Stations. The Commission
allowed all full power and secondary
stations to be sharer stations outside of
the auction context, including full
power stations that are not a party to an
auction-related CSA. In a channel
sharing relationship outside the auction
context, the sharee station relinquishes
its licensed frequencies without
compensation and compensates the
sharer station for sharing its licensed
frequency with the sharee. Although the
Commission concluded that full power
stations that are not a party to an
auction-related CSA will likely have no
incentive to enter into such an
arrangement, the same is not true for
potential sharers, who stand to benefit
financially through payments from
sharee stations. In addition, the ability
of such stations to become sharers also
benefits other stations by increasing the
number of potential sharers. Allowing
all stations to be sharers outside the
auction context will not increase
carriage burdens for MVPDs. Because a
sharer station necessarily will have
already constructed and licensed its
facilities, there is no concern that such
stations might use sharing as a shortcut
to obtaining MVPD carriage. In addition,
because sharer stations do not
relinquish spectrum usage rights,
allowing all stations to be sharers does
not present concerns with vacated
channels being licensed to new stations
that could increase the number of
stations MVPDs are required to carry.
Carriage Rights Outside the Auction
Context
10. The Commission interpreted the
Act as providing full power stations
with auction-related CSAs that
subsequently become sharees outside of
the auction context, as well as their
sharer station hosts, with the same
carriage rights at their shared location
that they would have if they were not
channel sharing. It also interpretted the
Act as providing secondary sharee
stations, as well as their sharer station
hosts, with the same carriage rights at
their shared location that they would
have if they were not channel sharing,
provided the sharee station is exercising
must carry rights on its existing channel
on the date of release of the Closing and
Reassignment PN. The Commission
found that its interpretation will
effectuate the statutory purposes
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underlying the must-carry regime
without burdening more speech than
necessary to further those interests.
11. The Commission concluded that
the language of the must-carry
provisions is ambiguous with respect to
the issue of carriage rights in the context
of channel sharing. The language of
these provisions does not expressly
preclude channel sharing stations from
retaining must-carry rights at their
shared location, nor does it compel a
particular result. 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.’’ Accordingly, the Commission
chose a reasonable interpretation of the
statutory text that best effectuates the
statutory purpose underlying the mustcarry regime.
12. The Commission disagreed with
the National Cable and
Telecommunications Association’s
(NCTA) claim that the must-carry
provisions cannot be read to extend
carriage rights to channel sharing
stations. The Commission did not agree
that the definition of ‘‘a local
commercial television station’’ is
inextricably tied to its assignment to a
6 MHz channel and that, therefore,
mandatory carriage obligations extend
to only one programming stream per 6
MHz channel. NCTA cited to Section
534 of the Act, which defines a ‘‘local
commercial television station’’ as any
commercial full power station ‘‘licensed
and operating on a channel regularly
assigned to its community by the
Commission. . . .’’ NCTA noted that
our rules currently define a ‘‘channel’’
as 6 MHz wide. Sections 614, 615, and
338, however, accord carriage rights to
licensees without regard to whether
they occupy a full 6 MHz channel or
share a channel with another licensee.
The Commission concluded that
nothing in the Act requires a station to
occupy an entire 6 MHz 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 Act. In this
proceeding, the Commission revised its
rules to permit digital stations to share
a 6 MHz channel and will require that
channel sharing stations be separately
licensed and authorized to operate on
that channel. Under the rules adopted in
this R&O, therefore, both the sharer and
sharee will be ‘‘licensed and operating
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on a channel’’ that is ‘‘regularly
assigned to its community’’ by the
Commission.
13. The Commission also disagreed
with NCTA that the Act’s ‘‘primary
video’’ restriction fails to preserve the
carriage rights of stations that enter into
channel sharing arrangements outside
the context of the auction. NCTA
asserted that the must-carry provisions
of the Act require cable operators to
carry only one primary video signal per
television ‘‘channel.’’ In this regard,
NCTA cited to Section 614 of the Act,
which requires cable operators to carry
only the ‘‘primary video’’ of ‘‘each of the
local commercial television stations’’
carried on the cable system. NCTA
argued that a broadcaster that gives up
its spectrum to transmit television
programming using a portion of another
broadcaster’s 6 MHz channel has no
greater carriage rights than those of the
other broadcaster’s multicast streams or
the streams provided by a lessee of the
broadcaster’s multicast capacity.
However, the Commission concluded
that the language of the primary video
provision of the Act did not support
NCTA’s view. Section 614(b)(3)(A)
requires a cable operator to carry the
primary video ‘‘of each of the local
commercial television stations carried
on the cable system.’’ The statute,
therefore, imposed a requirement to
carry one primary video stream per
station, not one primary video stream
per channel.
14. The Commission also disagreed
with NCTA’s claim that Congress
specifically addressed the carriage rights
of auction-related channel sharing
stations in the Spectrum Act because,
absent this provision, the must-carry
provisions of the Act would not afford
such rights. Rather, in light of the
ambiguity in the statutory language of
the Act with respect to the carriage
rights of channel sharing stations, the
Commission concluded that Congress
added this provision to provide
certainty to potential reverse auction
bidders. Moreover, the Spectrum Act
did not simply clarify carriage rights
under the Act, it also limited the
carriage rights of sharee stations in
connection with the incentive auction to
those that possessed such rights on
November 30, 2010.
15. Full Power Stations. The
Commission interpreted the Act as
providing full power stations with
auction-related CSAs that become
sharees outside of the auction context,
as well as their sharer station hosts,
with the same carriage rights at their
shared location that they would have if
they were not channel sharing. The
Commission will continue to apply the
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November 30, 2010 date for possession
of carriage rights to auction-related full
power sharee stations entering into a
second-generation CSA. The Spectrum
Act limits the carriage rights of sharee
stations in connection with the
incentive auction to those that
possessed such rights on November 30,
2010. If the Commission did not extend
this date to second-generation CSAs,
auction-related full power sharees that
did not possess carriage rights as of
November 30, 2010 could enter into a
short-term auction-related CSA, during
which time they would not possess
carriage rights, and subsequently enter
into a second-generation CSA with
carriage rights at the shared location.
The Commission concluded that
extending the November 30, 2010 date
for possession of carriage rights to an
auction-related full power sharee
entering into a second-generation CSA
avoids undermining the statutory
objective of Section 1452(a)(4). Because
Section 1452(a)(4) does not apply to
auction-related sharer stations, however,
the Commission declined to apply this
date restriction to auction-related sharer
stations that become prospective sharee
stations outside of the auction context.
16. The Commission found that its
interpretation will effectuate the
statutory purposes underlying the mustcarry regime without burdening more
speech than necessary to further those
interests. This interpretation ensures
that full power stations with auctionrelated CSAs can continue to share
outside the auction context once their
auction-related CSAs expire or
otherwise terminate while retaining
their carriage rights. Full power stations
with auction-related CSAs already
possess carriage rights and will continue
to possess such rights during the terms
of their auction-related CSAs pursuant
to Section 1452(a)(4). Continuing
carriage rights during the terms of
second-generation CSAs maintains these
rights. If MVPDs stopped carrying the
signals of full power stations with
auction-related CSAs during secondgeneration CSAs, these broadcasters
would stand to lose a significant
audience and associated advertising
revenues, thus jeopardizing their
continued health and viability. In
addition, absent mandatory carriage
during the terms of second-generation
CSAs, winning channel sharing bidders
that indicated on their reverse auction
application a present intent to enter into
an auction-related CSA after the
conclusion of the incentive auction
might elect not to channel share postauction and to instead relinquish their
license. Thus, continued carriage of full
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power stations with auction-related
CSAs serves the important
governmental interests of preserving the
benefits of free, over-the-air broadcast
television and their contribution to
source diversity.
17. The Commission found that its
interpretation will not burden more
speech than necessary. First, because
full power stations that are parties to
auction-related CSAs have already built
and licensed their stations on a nonshared channel, our action does not
provide unbuilt full power stations with
a shortcut to obtaining carriage rights,
which would increase the number of
stations MVPDs are required to carry.
Second, its decision declining to allow
full power stations without auctionrelated CSAs to become sharees outside
the auction context mitigates NCTA’s
concern regarding the potential increase
in MVPD carriage obligations that could
result from licensing new stations on
channels vacated as a result of new
post-auction sharing arrangements.
Because the Commission permits only
full power stations that are already
parties to an auction-related CSA to
become sharees outside of the auction
context, there will be no full power
channels vacated after the auction by
full power stations electing to become
channel sharees. Third, the Commission
precluded full power stations with
auction-related CSAs that become
sharees outside of the auction context
from changing their community of
license absent an amendment to the
DTV Table. These actions will further
mitigate the impact of channel sharing
on MVPD carriage burdens.
18. Secondary Stations. The
Commission interpreted the Act as
providing secondary sharee stations, as
well as their sharer station hosts, with
the same carriage rights at their shared
location that they would have if they
were not channel sharing, provided the
sharee station is exercising must carry
rights on its existing channel on the date
of release of the Closing and
Reassignment PN.
19. The Commission found that its
interpretation will effectuate the
statutory purposes underlying the mustcarry regime without burdening more
speech than necessary to further those
interests. Sharing could prove beneficial
for secondary stations by mitigating the
impact of the incentive auction and
repacking process on displaced stations.
If cable operators did not carry the
signals of secondary sharee stations and
their sharer hosts that otherwise qualify
for carriage under Section 614(h)(2),
these broadcasters would stand to lose
a significant audience and associated
advertising revenues, thus jeopardizing
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their continued health and viability.
Carriage of secondary sharees and their
sharer hosts that otherwise qualify for
carriage under Section 614(h)(2) serves
the important governmental interests of
preserving the benefits of free, over-theair broadcast television and their
contribution to source diversity. The
Commission interpreted the Act in a
manner that will minimize the
possibility of a net increase in carriage
burdens.
20. Although the Commission allowed
all secondary stations to become sharee
stations outside the auction context, it
did not permit secondary stations to
enter into channel sharing arrangements
solely as a means to newly obtain mustcarry rights. The Commission found that
it would not serve the purpose of
mitigating the impact of the auction and
repacking process on displaced LPTV
stations to permit stations to qualify for
carriage, when they previously were
unable to do so under the Act, simply
because they have decided to channel
share. In order for a secondary sharee
station to be eligible for carriage rights
at the shared location under the
Commission’s interpretation, it must
qualify for, and be exercising, must
carry rights on its existing channel on
the date of release of the Closing and
Reassignment PN. The Commission
chose this date to consider whether a
secondary station is exercising mustcarry rights because the Media Bureau
has previously notified secondary
stations that they must be in operation
by this date in order to be eligible for
the special post-auction displacement
window.
21. The Commission concluded that
affording secondary sharees with the
same carriage rights at their shared
location that they would have if they
were not channel sharing, provided the
sharee station is exercising must carry
rights on its existing channel as of the
date of release of the Closing and
Reassignment PN, will not burden more
speech than necessary. Even if a
secondary station is exercising carriage
rights on its existing channel as of this
date, it must still independently satisfy
the statutory requirements for carriage at
the shared location in order to have
carriage rights once it begins channel
sharing. As noted above, secondary
stations qualify for must-carry on cable
systems only under very limited
circumstances set forth in the Act. Even
assuming that a channel vacated by a
secondary sharee is made available for
licensing to a new secondary station, the
strict statutory requirements for carriage
make the likelihood that the new
secondary station would qualify for
carriage very low. For the same reason,
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it is unlikely that a secondary sharee
station would qualify for carriage at a
shared location. The probability that the
sharee would qualify for carriage is
reduced even further by two additional
factors. First, the Commission limited
the distance of secondary sharee station
moves resulting from channel sharing.
Second, a secondary station sharing the
channel of a full power station would
not be eligible for mandatory carriage
under Section 614(h)(2)(F) of the Act,
which the Commission has previously
interpreted to mean that ‘‘if a full power
station is located in the same county or
political subdivision (of a State) as an
otherwise ‘qualified’ low power station,
the low power station will not be
eligible for must-carry status.’’ Channel
sharing stations necessarily share the
same transmission facility and, thus, are
necessarily ‘‘located in the same county
or political subdivision (of a State).’’
Thus, consistent with the Commission’s
previous interpretation of this statutory
provision, when a secondary station
shares with a full power station, the
secondary station will not qualify for
mandatory carriage because it will be
located in the same county or political
subdivision as a full power station.
22. Class A Stations. The Commission
permitted all Class A stations to be
sharee stations or sharer stations outside
the auction context. For Class A stations
that enter into CSAs for the first time
outside the incentive auction context,
the Commission interpreted the Act as
providing such Class A sharee stations,
as well as their sharer station hosts,
with the same carriage rights at their
shared location that they would have if
they were not channel sharing provided
the Class A sharee meets the same
condition we impose above for
secondary stations; that is, it is
exercising must carry rights on the date
of release of the Closing and
Reassignment PN. As with secondary
stations, this limitation ensures that
these Class A stations do not qualify for
carriage, when they previously were
unable to do so under the Act, simply
because they have decided to channel
share. The Commission treated Class A
stations participating in secondgeneration CSAs differently. For a Class
A station that participated in an
auction-related CSA, and that enters
into a second-generation CSA once their
auction-related CSA ends, the
Commission interpreted the Act as
providing the Class A sharee, and their
sharer station host, with the same
carriage rights at their shared location
that they would have if they were not
channel sharing provided the Class A
sharee exercised carriage rights under
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its original, ‘‘first-generation,’’ auctionrelated CSA. The Commission treated
Class A stations participating in secondgeneration CSAs differently to ensure
that these Class A stations can continue
to exercise their carriage rights in
subsequent CSAs if they qualified for,
and exercised, carriage rights in their
first-generation CSA. This approach
does not increase carriage burdens for
MVPDs beyond those created by firstgeneration CSAs pursuant to the
Spectrum Act.
23. Channel sharing outside the
auction context has the potential to
increase the opportunities for displaced
Class A stations to survive the
impending spectrum repack and
continue providing programming to the
public. With respect to cable carriage,
however, Class A stations are treated
identically to secondary stations under
the Communications Act and thus
qualify for must-carry on cable systems
only under very limited circumstances
set forth in the Act. Even assuming that
a channel vacated by a Class A station
is made available for licensing to a new
low power station, the likelihood that
the new low power station would
qualify for carriage is low given the very
limited circumstances under which a
low power station qualifies for carriage
under the Act. In addition, as with
secondary stations, it is unlikely that a
Class A sharee station would qualify for
carriage at a shared location because of
the very limited circumstances under
which a Class A station qualifies for
carriage under the Act, the
Commission’s decision to limit the
distance of Class A sharee station moves
resulting from channel sharing, and the
fact that a Class A station sharing with
a full power station would not be
eligible for mandatory carriage under
Section 614(h)(2)(F) of the Act.
Licensing and Operating Rules
Applicable to Channel Sharing Outside
the Auction Context
24. Licensing Rules for PrimaryPrimary and Primary-Secondary
Channel Sharing—Voluntary and
Flexible. Channel sharing between
primary stations and between primary
and secondary stations outside of the
auction will be ‘‘entirely voluntary.’’
Stations can structure their CSAs in a
manner that will allow a variety of
different types of spectrum sharing to
meet the individualized programming
and economic needs of the parties
involved. The Commission will,
however, require each station involved
in a CSA to operate in digital on the
shared channel and to retain spectrum
usage rights sufficient to ensure at least
enough capacity to operate one standard
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definition (SD) programming stream at
all times. The Commission will not
prescribe a fixed split of the capacity of
the 6 MHz channel between the stations
from a technological or licensing
perspective. All channel sharing
stations will be licensed for the entire
capacity of the 6 MHz channel, and
stations will be allowed to determine
the manner in which that capacity will
be divided among themselves subject
only to the minimum capacity
requirement.
25. The Commission will apply its
existing framework for channel sharing
licensing and operation to sharing
between primary stations and between
primary and secondary stations. Under
this framework, each sharing station
will continue to be licensed separately,
each will have its own call sign, and
each licensee will be independently
subject to all of the Commission’s
obligations, rules, and policies. The
Commission retains the right to enforce
any violation of these requirements
against one or both parties to the CSA.
As is always the case, the Commission
would take into account all relevant
facts and circumstances in any
enforcement action, including the
relevant contractual obligations of the
parties involved.
26. Similar to its approach for
auction-related and secondarysecondary CSAs, the Commission will
permit term-limited CSAs outside the
auction context for primary-primary and
primary-secondary sharing. The
Commission declined to establish a
minimum term for non-auction-related
CSAs. While some commenters
supported requiring a three-year
minimum term for CSAs outside the
auction context, the Commission was
not persuaded at this point that this step
is necessary to protect viewers and
MVPDs from unnecessary disruption or
costs.
27. Licensing Procedures. The
Commission adopted a two-step process
for reviewing and licensing channel
sharing arrangements that fit within the
categories authorized in this R&O. For
the first step, if no technical changes are
necessary for sharing, a channel sharee
station will file the appropriate
schedule to FCC Form 2100 for a digital
construction permit specifying the same
technical facilities as the sharer station
(Schedule A, C or E), include a copy of
the channel sharing agreement (CSA) as
an exhibit, and cross reference the other
sharing station(s). In this case, the
sharer station does not need to take
action at this point. If the CSA requires
technical changes to the sharer station’s
facilities, each sharing station will file
the appropriate schedule to FCC Form
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2100 to apply for a digital construction
permit specifying identical technical
facilities for the shared channel, along
with the CSA.
28. The Commission will treat
modification applications filed to
implement the additional channel
sharing arrangements as minor change
applications, subject to certain
exceptions. Although a channel sharing
arrangement results in a sharee station
changing channels, which is a major
change under our rules, the Commission
concludes that treating channel changes
as minor when done in connection with
channel sharing is appropriate because
the sharee will be assuming the
authorized technical facilities of the
sharer station, meaning that compliance
with our interference and other
technical rules would have been
addressed in licensing the sharer
station. In the case of a full power
sharee station, the Commission will
consider any loss in service resulting
from the proposed sharing arrangement
at the construction permit stage in
determining whether to grant the
permit. The Commission noted that,
with channel sharing, service loss in
one area (i.e., a portion of the area
previously served by the sharee) might
result in a gain in service to a different
area (i.e., that served by the sharer).
Moreover, absent the proposed sharing
arrangement, a full power sharee station
might not be able to continue to provide
service, such as in the case of the
expiration or termination of its current
CSA. The Media Bureau will consider
these and other factors in determining
whether a sharing arrangement
proposed by a full power sharee station
is consistent with section 307(b) and
serves the public interest.
29. In addition, while a full power
television station seeking to change its
channel normally must first submit a
petition to amend the DTV Table of
Allotments (Table), the Commission
will not apply this process to full power
sharee stations. Rather, after the full
power sharee station’s construction
permit is granted, the Bureau will
amend the Table on its own motion to
reflect the change in the channel
allotted to the sharee station’s
community.
30. The Commission will begin
accepting non-auction-related channel
sharing applications on a date after the
completion of the incentive auction
specified by the Media Bureau. With
respect to a full power or Class A station
sharing with a secondary station, if the
sharee is a secondary station that is
displaced as a result of the incentive
auction or repacking process, it will not
have to wait for the post-incentive
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auction displacement window to file its
displacement application to propose
sharing the sharer station’s facilities.
Rather, beginning on the specified date,
the secondary sharee station may file an
application for a construction permit for
the same technical facilities of the
primary station and include a copy of
the CSA as an exhibit. If the secondary
station is the sharer and that station is
displaced as a result of the incentive
auction or repacking process, then, the
secondary sharer would file during the
post-incentive auction displacement
window if it is eligible. If none of the
parties to a non-auction-related CSA is
a station that was displaced as a result
of the incentive auction or repacking
process, then the sharee station(s) may
file channel sharing application(s)
beginning on the date after the
completion of the incentive auction
specified by the Media Bureau.
31. As a second step, after the sharing
stations have obtained the necessary
construction permits, implemented their
shared facility, and initiated shared
operations, the sharee station(s) will
notify the Commission that the station
has terminated operation on its former
channel. At the same time, all sharing
stations will file the appropriate
schedule to Form 2100 for a license in
order to complete the licensing process
(Schedule B, D or F). Parties to channel
sharing arrangements outside of the
auction context will have three years to
implement their arrangements.
32. Service and Technical Rules,
Including Interference Protection—
Primary-Primary Sharing. A Class A
sharee that opts to share a full power
sharer’s channel outside of the auction
will be permitted to operate with the
technical facilities of the full power
station authorized under Part 73 of the
rules. Conversely, a full power sharee
sharing a Class A sharer’s channel will
be required to operate at the Class A
station’s lower Part 74 power level. As
with channel sharing between full
power and Class A stations in the
incentive auction context, the channel
of a full power sharer sharing with a
Class A sharee will remain in the DTV
Table. In the case of a full power sharee
that chooses to share the ‘‘non-tabled’’
channel of a Class A station, the
Commission will amend the DTV Table
to reflect the change in the channel
allotted to the full power sharee
station’s community.
33. A full power sharee station
sharing a channel with a Class A sharer
station will continue to be obligated to
comply with the programming and other
operational obligations of a Part 73
licensee. A Class A sharee station
sharing a channel with a full power
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sharer station will continue to be
obligated to comply with the
programming and other operational
obligations of a Class A licensee,
including airing a minimum of 18 hours
a day and an average of at least three
hours per week of locally produced
programming each quarter, as required
by § 73.6001 of the rules.
34. Primary-Secondary Sharing. A
secondary LPTV or TV translator station
that shares the channel of a full power
television station will be permitted to
operate with the technical facilities of
the full power station, including at the
higher power limit specified in Part 73
of the rules. The channel of a full power
sharer station sharing with a secondary
LPTV or TV translator sharee station
will remain in the DTV Table. LPTV and
TV translators that share the channel of
a Class A station will continue to be
limited to operation at the lower power
specified for LPTV, TV translator, and
Class A stations in Part 74 of our rules.
An LPTV or TV translator station that
shares a full power or Class A station’s
channel will obtain ‘‘quasi’’ primary
interference protection for the duration
of the channel sharing arrangement by
virtue of the fact that the full power or
Class A station is a primary licensee.
Although the secondary station will
continue to be licensed with secondary
interference protection status, the host
full power or Class A television station’s
primary status protects it from
interference or displacement, and this
protection will necessarily carry over to
any station that is sharing its channel.
35. A full power sharee that shares a
secondary station’s channel will have to
operate with the lower power limits
specified in Part 74 of the rules for
LPTV and TV translator stations. When
a full power sharee shares the ‘‘nontabled’’ channel of a LPTV or TV
translator station, we will amend the
DTV Table to reflect the change in the
channel allotted to the sharee station’s
community. A full power or Class A
sharee sharing a channel with a
secondary station sharer will be subject
to displacement because it will be
sharing a channel with secondary
interference protection rights.
36. A full power sharee station
sharing a channel with a secondary
sharer station will continue to be
obligated to comply with the
programming and other operational
obligations of a Part 73 licensee.
Similarly, a Class A sharee station
sharing a channel with a secondary
sharer station will continue to be
obligated to comply with the
programming and other operational
obligations applicable to Class A
licensees. A secondary sharee station
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sharing a channel with a full power or
Class A sharer station will continue to
be subject to the programming and other
operational obligations applicable to
LPTV or translator stations and will not
be subject to such obligations applicable
to full power or Class A stations.
37. The Commission declined to
adopt Roy Mayhugh’s suggestions to
formally relicense LPTV stations as full
power stations if the LPTV station
shares its channel with a full power
station, or to allow a full power station
sharing on a secondary station’s channel
to retain its primary interference
protection. This would result in the
formal creation of a new class of
primary stations. The Commission did
not believe it is appropriate to use this
proceeding to make such extensive
changes to our licensing or technical
rules. The Commission also declined to
adopt ICN’s proposal that primary
stations be given priority access to the
best remaining repacked channels in a
market if they agree to share with a
secondary station and grant access to at
least one-third of their bandwidth. This
proposal would have required adding
constraints on the reverse auction and
repacking processes that have long since
been established and were utilized in
the incentive auction. In addition, the
Commission rejected Media General’s
suggestion that it exempt stations that
enter into CSAs outside the auction
context from the Commission’s multiple
ownership rules to provide an incentive
for stations to enter into a non-auctionrelated CSA. Media General presented
no legal or policy basis on which we
should alter our multiple ownership
restrictions and thereby reduce
ownership and program diversity to
promote CSAs outside the auction
context.
38. Reserved-Channel NCE Sharing
Stations. A reserved-channel full power
NCE licensee, whether it proposes to
share a non-reserved channel or agrees
to share its reserved channel with a
commercial sharee station, will retain
its NCE status and must continue to
comply with the rules applicable to NCE
licensees. In either case, the NCE full
power station’s portion of the shared
channel will be reserved for NCE-only
use.
39. Station Relocations to Implement
Channel Sharing. The Commission will
preclude full power stations seeking to
channel share as sharee stations outside
of the incentive auction from changing
their community of license absent an
amendment to the DTV Table. Absent
such amendment, we will limit these
stations to a CSA with a sharer from
whose transmitter site the sharee will
continue to meet the community of
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license signal requirement over its
current community of license. This
approach differs from the one the
Commission took with respect to
channel sharing in the auction context,
where the Commission sought to
facilitate broadcaster participation in
the auction and to avoid any
detrimental impact on the speed and
certainty of the auction. Because those
considerations do not apply outside the
auction context, the Commission
disagreed with EBOC that it should
provide the same relocation flexibility
to channel sharees outside the auction.
Precluding full power sharee stations
from changing their communities of
license absent an amendment to the
DTV Table advances the Commission’s
interest in the provision of service to
local communities. While our goal is to
accommodate channel sharing, the
Commission also seeks to ensure that
stations continue to provide service to
their communities of license and to
avoid situations in which stations
abandon their communities in order to
relocate to more populated markets. In
addition, this approach will help to
avoid viewer disruption and any
potential impact on MVPDs that might
result from community of license
changes.
40. The Commission will apply the
existing 30-mile and contour overlap
restrictions that apply to Class A moves
to Class A sharee stations that propose
to move as a result of a sharing
arrangement. Specifically, if requested
in conjunction with a digital
displacement application, a station
relocation resulting from a proposed
CSA, in order to be considered a minor
change, may not be greater than 30
miles from the reference coordinates of
the relocating station’s community of
license. In all other cases, a station
relocating as a result of a proposed CSA,
in order to be considered a minor
change: (i) Must maintain overlap
between the protected contour of its
existing and proposed facilities; and (ii)
may not relocate more than 30 miles
from the reference coordinates of the
relocating station’s antenna location.
The Commission concluded that
continued application of these
restrictions was necessary to curtail
abuse of the Commission’s policies by
stations seeking to relocate large
distances in order to move to more
populated markets under the cover of
needing to implement a channel sharing
arrangement. At the same time, it stated
that it would consider waivers for
secondary stations to allow channel
sharing modifications that do not
comply with these limits.
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41. The Commission will consider
waivers of the Part 74 modification
restrictions based on the same criteria it
adopted for channel sharing between
secondary stations. A displaced LPTV or
TV translator station (or auction
ineligible Class A station displaced by
the incentive auction or repacking)
proposing to channel share with a
station located more than 30 miles from
the reference coordinates of the
displaced station’s community of
license will have to show: (i) That there
are no channels available that comply
with section 74.787(a)(4) of the rules;
and (ii) that the proposed sharer station
is the station closest to the reference
coordinates of the displaced station’s
community of license that is available
for channel sharing. The Commission
will apply a stricter standard for
requests for waiver of our relocation
rules with respect to non-displaced
Class A, LPTV, and TV translator
stations because the proposed
modification would be voluntary. In
such cases, it will consider a waiver if
the station seeking to relocate
demonstrates: (i) That there is no other
channel sharing partner that operates
with a location that would comply with
the contour overlap and 30-mile
restrictions on the station seeking the
waiver; and (ii) the population in the
relocating station’s loss area is de
minimis, and/or well-served, and/or
would continue to receive the
programming aired by the relocating
station from another station.
42. For any CSA that involves
licensing both a full power sharee and
Class A, LPTV, or TV translator sharer,
the Commission will combine the above
outlined restriction on full power
sharees changing their community of
license with the limits on modifications
to Class A, LPTV and TV translator
station facilities outlined in the rules.
Thus, a full power sharee station
seeking to implement a CSA with a
Class A, LPTV or TV translator station
will not be permitted to change its
community of license. A Class A, LPTV,
or TV translator sharee station seeking
to implement a CSA with a full power
station will be subject to the 30-mile
and contour overlap restrictions
described above.
Channel Sharing Operating Rules
43. Channel Sharing Agreements. The
Commission will require that all CSAs
entered into pursuant to the rules we
adopt herein include provisions
outlining each licensee’s rights and
responsibilities in the following areas:
(i) Access to facilities, including
whether each licensee will have
unrestricted access to the shared
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transmission facilities; (ii) allocation of
bandwidth within the shared channel;
(iii) 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; (iv) transfer/assignment of a
shared license, including the ability of
a new licensee to assume the existing
CSA; and (v) termination of the license
of a party to the CSA, including
reversion of spectrum usage rights to the
remaining parties to the CSA. Channel
sharing partners may craft provisions as
they choose, based on marketplace
negotiations, subject to pertinent
statutory requirements and the
Commission’s rules and regulations. A
station seeking approval to channel
share must submit a copy of its CSA
along with its application for a digital
construction permit. The Commission
will review the CSA to ensure
compliance with our rules and policies.
It will limit its review to confirming that
the CSA contains the required
provisions and that any terms beyond
those related to sharing of bitstream and
related technical facilities comport with
our general rules and policies regarding
license agreements. The Commission
reserves the right to require
modification of a CSA that does not
comply with its rules or policies.
44. Termination, Assignment/
Transfer, and Relinquishment of
Channel Sharing Licenses. The
Commission will allow rights under a
CSA to be assigned or transferred,
subject to the limits adopted in this
R&O, the requirements of Section 310 of
the Communications Act, the
Commission’s rules, and the
requirement that the assignee or
transferee comply with the applicable
CSA. When a primary or secondary
sharing station’s license is terminated
due to voluntary relinquishment,
revocation, failure to renew, or any
other circumstance, its spectrum usage
rights (but not its license) may revert to
the remaining sharing partner(s) if the
partner(s) so agree and this provision is
set forth in the CSA. In the event that
only one station remains on the shared
channel, that station may apply to
change its license to non-shared status
using FCC Form 2100—Schedule B (for
a full power station), Schedule D (for an
LPTV/translator station), or Schedule F
(for a Class A station). If a full power
station that is sharing with a Class A,
LPTV, or TV translator station
relinquishes its license, then the Class
A, LPTV, or TV translator station would
operate under the rules governing their
particular service (Class A, LPTV, or TV
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translator). Similarly, if a Class A station
that is sharing with a LPTV or TV
translator station relinquishes its
license, then the LPTV or TV translator
station would operate under the rules
governing their particular service. If the
sharing partner is an NCE station
operating on a reserved channel, its
portion of the shared channel must
continue to be reserved for NCE-only
use. The Commission recognized the
important public service mission of NCE
stations, and it disfavors dereserving
NCE-only channels. Thus, in the
unlikely event that a reserved-channel
NCE station that shares with a
commercial station faces involuntary
license termination, creating a risk of
dereservation, the Commission will
exercise its broad discretion to ensure
that the public interest is served.
Reimbursement
45. The Commission will not require
reimbursement of costs imposed on
MVPDs as a result of CSAs entered into
outside the context of the incentive
auction, including costs resulting from
second-generation CSAs of auctionrelated sharees. The 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 winning
channel sharing bids in the incentive
auction. Accordingly, costs associated
with channel sharing outside the
auction will be borne by broadcasters
and MVPDs in the same manner as they
are for other channel moves. While the
Commission has explained previously
that channel sharing may impose some
costs on MVPDs, there is no record
evidence to suggest that the cost to
MVPDs of accommodating channel
sharing outside the auction context will
impose an undue burden. The
Commission retained the right to
reconsider our decision in this regard
should we receive future evidence to the
contrary.
Notice to MVPDs
46. The Commission will require
stations participating in CSAs outside
the auction context to provide notice to
those 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. The notice
must contain the following information:
(i) Date and time of any channel
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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. Stations may elect whether
to provide notice via a letter notification
or electronically, if pre-arranged with
the relevant MVPD. The Commission
will require that sharee stations provide
notice at least 90 days prior to
terminating operations on the sharee’s
channel and that both sharer and sharee
stations provide notice at least 90 days
prior to initiation of operations on the
sharer channel. Should the anticipated
date to either cease operations or
commence channel sharing operation
change, the station(s) must send a
further notice to affected MVPDs
informing them of the new anticipated
date(s). Finally, during the 90-day
notice period, the parties to the CSA are
expected to continue to coordinate the
implementation of the CSA with each
MVPD that they seek to carry their
transmissions.
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ATSC 3.0
47. The Commission stated that the
conclusions it reached regarding
channel sharing outside the context of
the incentive auction, including our
interpretation of the Communications
Act’s must-carry provisions with respect
to channel sharing stations, apply to
situations in which one station
relinquishes a channel in order to
channel share. They are not intended to
prejudge issues regarding ‘‘local
simulcasting’’ that are raised in the
pending proceeding regarding the ATSC
3.0 broadcast transmission standard.
Final Regulatory Flexibility Act
Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), Initial Regulatory Flexibility
Analyses (‘‘IRFAs’’) were incorporated
in the First Order on Reconsideration
and Notice of Proposed Rulemaking and
Third Report and Order and Fourth
Notice of Proposed Rulemaking
(‘‘NPRMs’’). The Commission sought
written public comment on the
proposals in the NPRMs, including
comment on the IRFAs. Because the
Commission amended the rules in this
R&O, it included this Final Regulatory
Flexibility Analysis (‘‘FRFA’’) which
conforms to the RFA.
Need for and Objectives of the Rules
The Report and Order adopts rules
permitting full power stations with
auction-related channel sharing
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agreements (CSAs) to become ‘‘sharee’’
stations outside the auction context. Our
goal in this regard is to permit full
power stations with auction-related
CSAs to continue to share, and to find
a new host station, once their auctionrelated CSAs expire or otherwise
terminate. We also adopt rules to allow
all secondary stations, including those
that have not yet constructed facilities
and are not operating at the time they
enter into a CSA, to share a channel
with another secondary station or with
a full power or Class A station. This
action will reduce construction and
operating costs for resource-constrained
secondary stations and assist those
secondary stations that are displaced by
the incentive auction and the repacking
process to continue to operate in the
post-auction television bands. We also
permit all Class A stations to become
sharee stations outside the auction
context. In addition, we permit all
stations, both primary and secondary, to
be ‘‘sharers’’ outside the auction
context. The rules we adopt in this
Report and Order will enhance the
benefits of channel sharing for
broadcasters without imposing
significant burdens on multichannel
video programming distributors
(MVPDs).
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
No formal comments were filed on the
IRFAs but some commenters raised
issues concerning the impact of the
various proposals in this proceeding on
small entities. These comments were
considered in the Report and Order and
in the FRFA.
Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
No comments were filed on the IRFAs
by the Small Business Administration.
Description and Estimate of the Number
of Small Entities To Which the 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 following small
entities, as well as an estimate of the
number of such small entities, are
discussed in the FRFA: Full power
television stations; (2) Class A TV and
LPTV stations; (3) Wired
Telecommunications Carriers; (4) Cable
Companies and Systems (Rate
Regulation); (5) Cable System Operators
(Telecom Act Standard); and (6) Direct
Broadcast Satellite (DBS) Service.
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Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
The R&O adopted the adopted the
following new reporting requirements.
To implement channel sharing outside
of the auction context, the Commission
will follow a two-step process—stations
will first file an application for
construction permit and then an
application for license. Stations
terminating operations to share a
channel will be required to submit a
termination notice pursuant to the
existing Commission rule. These
existing forms and collections will be
revised to accommodate these new
channel-sharing related filings and to
expand the burden estimates. In
addition, channel sharing stations will
be required to submit their channel
sharing agreements (CSAs) with the
Commission and be required to include
certain provisions in their CSAs. In
addition, 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.
The existing collection concerning the
execution and filing of CSAs will be
revised. In addition, stations
participating in CSAs outside the
auction context are required to provide
notice to those 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. The existing collection
concerning MVPD notification will be
revised.
These new reporting requirements
will not differently affect small entities.
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,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
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The rules adopted in the R&O will
allow full power stations with auctionrelated CSAs to continue to share, and
to find a new host station, once their
auction-related CSAs expire or
otherwise terminate, thereby allowing
them to continue to provide service to
the public. In addition, channel sharing
can help resource-constrained Class A
and secondary stations, including
existing small, minority-owned, and
niche stations, to reduce operating costs
and provide them with additional net
income to strengthen operations and
improve programming services. The
rules adopted in the R&O could also
assist stations that are displaced by the
incentive auction reorganization of
spectrum by allowing these stations to
channel share and thereby reduce the
cost of having to build a new facility to
replace the one that was displaced.
Stations can share in the cost of
building a shared channel facility and
will experience cost savings by
operating a shared transmission facility.
In addition, channel sharing is
voluntary and only those stations that
determine that channel sharing will be
advantageous will enter into this
arrangement. At the same time, the
sharing rules will not impose significant
burdens on multichannel video
programming distributors (MVPDs). For
example, by limiting full power sharees
outside of the auction context to only
those with an auction-related CSA, the
Commission avoided an increase in the
number of full power stations MVPDs
are required to carry under the mustcarry regime.
The Commission’s licensing and
operating and MVPD notice rules for
channel sharing outside of the auction
context were designed to minimize
impact on small entities. The rules
provide a streamlined method for
reviewing and licensing channel sharing
for these stations as well as a
streamlined method for resolving cases
where a channel sharing station loses its
license on the shared channel. These
rules were designed to reduce the
burden and cost on small entities.
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Report to Congress
The Commission will send a copy of
the R&O, including the FRFA, in a
report to be sent to Congress pursuant
to the Congressional Review Act. In
addition, the Commission will send a
copy of the R&O, including the FRFA,
to the Chief Counsel for Advocacy of the
SBA. A copy of the R&O and FRFA (or
summaries thereof) will also be
published in the Federal Register.
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List of Subjects in 47 CFR Parts 73 and
74
18249
Commission obligations, rules, and
policies.
(2) A full power television channel
Television.
sharing station relinquishing its channel
Federal Communications Commission.
must file an application for a
Marlene H. Dortch,
construction permit (FCC Form 2100),
include a copy of the CSA as an exhibit,
Secretary.
and cross reference the other sharing
Final Rules
station(s). Any engineering changes
necessitated by the CSA may be
For the reasons discussed in the
included in the station’s application.
preamble, the Federal Communications
Upon initiation of shared operations,
Commission amends 47 CFR parts 73
the station relinquishing its channel
and 74 as follows:
must notify the Commission that it has
PART 73—RADIO BROADCAST
terminated operation pursuant to
SERVICES
§ 73.1750 and each sharing station must
file an application for license (FCC
■ 1. The authority citation for part 73
Form 2100).
continues to read as follows:
(c) Channel sharing between full
power television stations and Class A,
Authority: 47 U.S.C. 154, 303, 334, 336
Low power television, or TV translator
and 339.
stations. (1) A full power television
■ 2. Section 73.3572 is amended by
sharee station (defined as a station
revising paragraph (a)(3) to read as
relinquishing a channel in order to
follows:
share) that is a party to a CSA with a
Class A sharer station (defined as the
§ 73.3572 Processing of TV broadcast,
station hosting a sharee pursuant to a
Class A TV broadcast, low power TV, TV
CSA) must comply with the rules
translators, and TV booster applications.
governing power levels and interference
*
*
*
*
*
applicable to Class A stations, and must
(a) * * *
comply in all other respects with the
(3) Other changes will be considered
rules and policies applicable to full
minor including changes made to
power television stations set forth in
implement a channel sharing
arrangement provided they comply with this part.
(2) A full power television sharee
the other provisions of this section and
station that is a party to a CSA with a
provided, until October 1, 2000,
low power television or TV translator
proposed changes to the facilities of
sharer station must comply with the
Class A TV, low power TV, TV
translator and TV booster stations, other rules of part 74 of this chapter governing
power levels and interference applicable
than a change in frequency, will be
to low power television or TV translator
considered minor only if the change(s)
stations, and must comply in all other
will not increase the signal range of the
respects with the rules and policies
Class A TV, low power TV or TV
applicable to full power television
booster in any horizontal direction.
stations set forth in this part.
*
*
*
*
*
(d) Channel sharing between
■ 3. Section 73.3800 is added to read as
commercial and noncommercial
follows:
educational television stations. (1) A
CSA may be executed between
§ 73.3800 Full power television channel
commercial and NCE broadcast
sharing outside the incentive auction.
television station licensees.
(a) Eligibility. Subject to the
(2) The licensee of an NCE station
provisions of this section, a full power
operating on a reserved channel under
television station with an auction§ 73.621 that becomes a party to a CSA,
related Channel Sharing Agreement
either as a channel sharee station or as
(CSA) may voluntarily seek Commission a channel sharer station, will retain its
approval to relinquish its channel to
NCE status and must continue to
share a single six megahertz channel
comply with § 73.621.
with a full power, Class A, low power,
(3) If the licensee of an NCE station
or TV translator television station. An
operating on a reserved channel under
auction-related CSA is a CSA filed with § 73.621 becomes a party to a CSA,
and approved by the Commission
either as a channel sharee station or as
pursuant to § 73.3700(b)(1)(vii).
a channel sharer station, the portion of
(b) Licensing of channel sharing
the shared television channel on which
stations. (1) Each station sharing a single the NCE station operates shall be
channel pursuant to this section shall
reserved for NCE–only use.
(4) The licensee of an NCE station
continue to be licensed and operated
operating on a reserved channel under
separately, have its own call sign, and
§ 73.621 that becomes a party to a CSA
be separately subject to all applicable
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may assign or transfer its shared license
only to an entity qualified under
§ 73.621 as an NCE television licensee.
(e) Deadline for implementing CSAs.
CSAs submitted pursuant to this section
must be implemented within three years
of the grant of the channel sharing
construction permit.
(f) Channel sharing agreements
(CSAs). (1) CSAs 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) Allocation of bandwidth within
the shared channel;
(iii) 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
(iv) Transfer/assignment of a shared
license, including the ability of a new
licensee to assume the existing CSA;
and
(v) Termination of the license of a
party to the CSA, including reversion of
spectrum usage rights to the remaining
parties to the CSA.
(2) CSAs must include provisions:
(i) Affirming compliance with the
channel sharing requirements in this
section and all relevant Commission
rules and policies; and
(ii) 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 program stream
at all times.
(g) Termination and assignment/
transfer of shared channel. (1) 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 (f)(1)(v) 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 for license to
change its status to non-shared.
(2) If the rights under a CSA are
transferred or assigned, the assignee or
the transferee must comply with the
terms of the CSA in accordance with
paragraph (f)(1)(iv) of this section. If the
transferee or assignee and the licensees
of the remaining channel sharing station
or stations agree to amend the terms of
the existing CSA, the agreement may be
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amended, subject to Commission
approval.
(h) 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) Should any of the information in
paragraph (h)(2) of this section change,
an amended notification must be sent.
(4) Sharee stations must provide
notice as required by this section at least
90 days prior to terminating operations
on the sharee’s channel. Sharer stations
and sharee stations must provide notice
as required by this section at least 90
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).
(5) 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.
■ 4. Section 73.6028 is added to subpart
J to read as follows:
§ 73.6028 Class A television channel
sharing outside the incentive auction.
(a) Eligibility. Subject to the
provisions of this section, Class A
television stations may voluntarily seek
Commission approval to share a single
six megahertz channel with other Class
A, full power, low power, or TV
translator television stations.
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(b) Licensing of channel sharing
stations. (1) 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.
(2) A station relinquishing its channel
must file an application for a
construction permit, include a copy of
the Channel Sharing Agreement (CSA)
as an exhibit, and cross reference the
other sharing station(s). Any
engineering changes necessitated by the
CSA 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 § 73.1750 and each sharing
station must file an application for
license.
(c) Channel sharing between Class A
television stations and full power, low
power television, and TV translator
stations. (1) A Class A television sharee
station (defined as a station
relinquishing a channel in order to
share) that is a party to a CSA with a
full power television sharer station
(defined as the station hosting a sharee
pursuant to a CSA) must comply with
the rules of this part governing power
levels and interference, and must
comply in all other respects with the
rules and policies applicable to Class A
television stations, as set forth in
§§ 73.6000 through 73.6027.
(2) A Class A television sharee station
that is a party to a CSA with a low
power television or TV translator sharer
station must comply with the rules of
part 74 of this chapter governing power
levels and interference that are
applicable to low power television or
TV translator stations, and must comply
in all other respects with the rules and
policies applicable to Class A television
stations, as set forth in §§ 73.6000
through 73.6027.
(d) Deadline for implementing CSAs.
CSAs submitted pursuant to this section
must be implemented within three years
of the grant of the initial channel
sharing construction permit.
(e) Channel sharing agreements
(CSAs). (1) CSAs 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) Allocation of bandwidth within
the shared channel;
(iii) Operation, maintenance, repair,
and modification of facilities, including
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a list of all relevant equipment, a
description of each party’s financial
obligations, and any relevant notice
provisions;
(iv) Transfer/assignment of a shared
license, including the ability of a new
licensee to assume the existing CSA;
and
(v) Termination of the license of a
party to the CSA, including reversion of
spectrum usage rights to the remaining
parties to the CSA.
(2) CSAs must include provisions:
(i) Affirming compliance with the
channel sharing requirements in this
section and all relevant Commission
rules and policies; and
(ii) 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 program stream
at all times.
(f) Termination and assignment/
transfer of shared channel. (1) 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 (e)(1)(v) 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 for license to
change its status to non-shared.
(2) If the rights under a CSA are
transferred or assigned, the assignee or
the transferee must comply with the
terms of the CSA in accordance with
paragraph (e)(1)(iv) of this section. If the
transferee or assignee and the licensees
of the remaining channel sharing station
or stations agree to amend the terms of
the existing CSA, the agreement may be
amended, subject to Commission
approval.
(g) Notice to cable systems. (1)
Stations participating in channel
sharing agreements must provide notice
to cable systems 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;
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(iii) Modification, if any, to antenna
position, location, or power levels;
(iv) Stream identification information;
and
(v) Engineering staff contact
information.
(3) Should any of the information in
paragraph (g)(2) of this section change,
an amended notification must be sent.
(4) Sharee stations must provide
notice as required by this section at least
90 days prior to terminating operations
on the sharee’s channel. Sharer stations
and sharee stations must provide notice
as required by this section at least 90
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
cable systems informing them of the
new anticipated date(s).
(5) 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.
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
5. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 336 and 554.
6. Section 74.800 is redesignated as
§ 74.799, and amended by revising
paragraph (a)(1) and adding paragraphs
(g) and (h) to read as follows:
■
§ 74.799 Low power television and TV
translator channel sharing.
(a) * * *
(1) Subject to the provisions of this
section, low power television and TV
translator stations may voluntarily seek
Commission approval to share a single
six megahertz channel with other low
power television and TV translator
stations, Class A television stations, and
full power television stations.
*
*
*
*
*
(g) Channel sharing between low
power television or TV translator
stations and Class A television stations
or full power television stations. (1) A
low power television or TV translator
sharee station (defined as a station
relinquishing a channel in order to
share) that is a party to a CSA with a
full power television sharer station
(defined as the station hosting a sharee
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18251
pursuant to a CSA) must comply with
the rules of part 73 of this chapter
governing power levels and
interference, and must comply in all
other respects with the rules and
policies applicable to low power
television or TV translator stations set
forth in this part.
(2) A low power television or TV
translator sharee station that is a party
to a CSA with a Class A television
sharer station must comply with the
rules governing power levels and
interference that are applicable to Class
A television stations, and must comply
in all other respects with the rules and
policies applicable to low power
television or TV translator stations set
forth in this part.
(h) Notice to cable systems. (1)
Stations participating in channel
sharing agreements must provide notice
to cable systems 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) Should any of the information in
paragraph (h)(2) of this section change,
an amended notification must be sent.
(4) Sharee stations must provide
notice as required by this section at least
90 days prior to terminating operations
on the sharee’s channel. Sharer stations
and sharee stations must provide notice
as required by this section at least 90
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
cable systems informing them of the
new anticipated date(s).
(5) 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
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system if the system has provided an
email address.
[FR Doc. 2017–07171 Filed 4–17–17; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 160920866–7161–02]
RIN 0648–XF368
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the second seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hours, Alaska
local time April 13, 2017, through 1200
hours, A.l.t., May 15, 2017.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
nlaroche on DSK30NT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:31 Apr 17, 2017
Jkt 241001
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The second seasonal apportionment
of the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA is 256 metric tons as
established by the final 2017 and 2018
harvest specifications for groundfish of
the GOA (82 FR 12032, February 27,
2017), for the period 1200 hours, A.l.t.,
April 1, 2017, through 1200 hours,
A.l.t., July 1, 2017.
In accordance with § 679.21(d)(6)(i),
the Administrator, Alaska Region,
NMFS, has determined that the second
seasonal apportionment of the Pacific
halibut bycatch allowance specified for
the trawl deep-water species fishery in
the GOA has been reached.
Consequently, NMFS is prohibiting
directed fishing for the deep-water
species fishery by vessels using trawl
gear in the GOA. The species and
species groups that comprise the deepwater species fishery include sablefish,
rockfish, deep-water flatfish, rex sole,
and arrowtooth flounder.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of the deep-water
species fishery by vessels using trawl
gear in the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of April 12, 2017.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 13, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–07802 Filed 4–13–17; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\18APR1.SGM
18APR1
Agencies
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Rules and Regulations]
[Pages 18240-18252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07171]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MB Docket Nos. 03-185, 15-137; GN Docket No. 12-268; FCC 17-29]
Channel Sharing Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this Report and Order, the Federal Communications
Commission (Commission) adopted rules to allow full power and Class A
stations with auction-related channel sharing agreements (CSAs) to
become sharees outside of the incentive auction context so that they
can continue to operate if their auction-related CSAs expire or
otherwise terminate. The Commission also adopted rules to allow all low
power television and TV translator stations (secondary stations) to
share a channel with another secondary station or with a full power or
Class A station. This action will assist secondary stations that are
displaced by the incentive auction and the repacking process to
continue to operate in the post-auction television bands. The rules
adopted in this R&O will enhance the benefits of channel sharing for
broadcasters without imposing significant burdens on multichannel video
programming distributors (MVPDs).
DATES: These rules are effective May 18, 2017 except for Sec. Sec.
73.3800, 73.6028, and 74.799(h), which contain new or modified
information collection requirements that require approval by the OMB
under the Paperwork Reduction Act and will become effective after the
Commission publishes a document in the Federal Register announcing such
approval and the relevant effective date.
[[Page 18241]]
FOR FURTHER INFORMATION CONTACT: Shaun Maher, Shaun.Maher@fcc.gov of
the Media Bureau, Video Division, (202) 418-2324. For additional
information concerning the PRA information collection requirements
contained in this document, contact Cathy Williams, Federal
Communications Commission, at (202) 418-2918, or via email
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), MB Docket Nos. 03-185, 15-137; GN Docket No. 12-268;
FCC 17-29, adopted on March 23, 2017 and released March 24, 2017. The
full text is available for inspection and copying during regular
business hours in the FCC Reference Center, 445 12th Street SW., Room
CY-A257, Portals II, Washington, DC 20554. This document is available
in alternative formats (computer diskette, large print, audio record,
and Braille). Persons with disabilities who need documents in these
formats may contact the FCC by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
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, will invite
the general public and the Office of Management and Budget (OMB) to
comment on the information collection requirements contained in this
document in a separate Federal Register Notice, as required by the
Paperwork Reduction Act of 1995, 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 previously
sought specific comment on how we might further reduce the information
collection burden for small business concerns with fewer than 25
employees.
Congressional Review Act: The Commission will send a copy of this
R&O to Congress and the Government Accountability Office (GAO) pursuant
to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
Synopsis
1. In this R&O, the Commission adopted rules to allow full power
and Class A stations with auction-related channel sharing agreements
(CSAs) to become sharees outside of the incentive auction context so
that they can continue to operate if their auction-related CSAs expire
or otherwise terminate. The Commission also adopted rules to allow all
low power television and TV translator stations (secondary stations) to
share a channel with another secondary station or with a full power or
Class A station. This action will assist secondary stations that are
displaced by the incentive auction and the repacking process to
continue to operate in the post-auction television bands. The rules
adopted in this R&O will enhance the benefits of channel sharing for
broadcasters without imposing significant burdens on multichannel video
programming distributors (MVPDs).
Extending Channel Sharing Outside the Incentive Auction
2. In the R&O, the Commission expand its channel sharing rules to
allow full power stations with auction-related CSAs to become sharees
outside of the auction context. The Commission also permitted all
secondary stations to be sharee stations outside the auction context.
The Commission concluded that specific provisions of Title III of the
Communications Act of 1934, as amended (Act) provide ample authority to
adopt rules to expand channel sharing outside the auction context.
Section 303(g) authorizes the Commission to ``generally encourage the
larger and more effective use of radio in the public interest.''
Consistent with that provision, channel sharing promotes efficient use
of spectrum by allowing two or more television stations to share a
single 6 MHz channel. Section 307(b) directs the Commission to make
``distribution of licenses, frequencies, hours of operation, and of
power among the several States and communities as to provide a fair,
efficient, and equitable distribution of radio service to each of the
same.'' Pursuant to its mandate under section 307(b), the Commission
disfavors loss of broadcast service. Consistent with this provision,
adopting channel sharing rules will help prevent loss of service by
ensuring that stations that enter into CSAs in connection with the
auction may continue broadcasting if and when their auction-related
CSAs terminate or otherwise expire. In addition, authorizing additional
types of channel sharing for secondary stations, including with primary
stations, will increase the opportunities for displaced secondary
stations to continue broadcasting after the incentive auction and the
repacking. Section 316 gives the Commission the authority to modify
licenses, including by rulemaking, if it finds that will serve the
public interest. Consistent with this provision, we find that adopting
channel sharing rules will serve the public interest by promoting the
efficient use of spectrum and facilitating the continued availability
of broadcast television stations.
3. Full Power Stations. The Commission permitted full power
stations with auction-related CSAs to become sharees outside of the
auction context. This action will ensure that full power stations with
auction-related CSAs are able to enter into new CSAs outside the
auction context once their auction-related CSAs expire or otherwise
terminate and, therefore, are able to continue to channel share and
provide service to the public. Permitting channel sharing outside the
auction for full power stations with auction-related CSAs is a logical
extension of the Commission's prior decision to adopt more flexible
auction-related channel sharing rules and to permit term-limited CSAs.
4. The Commission will not allow full power stations without
auction-related CSAs to become sharees following the auction. There is
little evidence of demand at this time for other full power stations to
become sharees. The Commission believes it is unlikely that a full
power station that chose not to bid to channel share in the auction,
when it was eligible to be compensated for the spectrum it
relinquished, would elect to channel share outside the auction context
and to relinquish spectrum without compensation. The Commission also
believes it is unlikely that a full power station that submitted an
unsuccessful channel sharing bid in the auction would seek to
relinquish its spectrum outside the auction context without
compensation in order to channel share rather than choosing another
option, such as selling its station.
5. In addition, by declining to allow full power stations without
auction-related CSAs to become sharees outside the auction context, the
Commission addresses concerns that full power channel sharing outside
the auction context could increase the number of full power stations
MVPDs are required to carry. First, absent this limitation, channel
sharing could allow unbuilt full power stations to become sharee
stations, thereby providing these stations with a shortcut to obtaining
carriage and artificially increasing the number of stations MVPDs are
required to carry. Second, absent this limitation, if a full power
station vacates its channel post-auction to share another station's
channel, the vacated channel could be made available for licensing to a
new full power station, thereby providing both the original station
(now transmitting on a shared channel) and the new station with must-
carry rights. Thus, by limiting full power sharees outside of the
auction context to only those with an auction-related CSA, the
[[Page 18242]]
Commission avoids an increase in the number of full power stations
MVPDs are required to carry under the must-carry regime.
6. Secondary Stations. The Commission permitted all secondary
stations to be sharee stations outside the auction context. As the
Commission has previously explained, channel sharing outside of the
auction context has the potential to increase the opportunities for
displaced secondary stations to survive the impending spectrum repack
and continue providing programming to the public. Channel sharing also
has the potential to reduce construction and operating costs for
resource-constrained secondary stations, including small, minority-
owned, and niche stations. Primary-secondary sharing will allow
secondary stations to expand their coverage areas by sharing with full
power sharer stations and provide them with increased interference
protection. This type of ``quasi'' interference protection may serve to
promote channel sharing as an attractive option to secondary stations
that are seeking a method to avoid displacement of their facilities by
primary users.
7. The Commission's decision to allow all secondary stations to
become sharee stations encompasses unbuilt secondary stations. This
approach will assist permittees of secondary stations who prefer to
commence service via channel sharing by allowing them to enter into a
CSA without first constructing a stand-alone station. Because sharee
stations must use the same transmission facility as the sharer, an
unbuilt sharee will be able to either divide initial construction costs
with the sharer or avoid such costs entirely. In addition, by sharing
ongoing costs like electricity and maintenance with the sharer station,
the unbuilt secondary permittee can free up resources that can be
devoted to improving programming services.
8. The Commission concludes that its action will not unduly burden
cable operators. As an initial matter, as discussed below, the
Commission interpret the must-carry provisions of the Act to deny
carriage rights to secondary sharee stations that are not exercising
must carry rights on their existing channel on the date of release of
the incentive auction Closing and Reassignment PN. Thus, although the
Commission allowed all secondary stations to become sharee stations
outside the auction context, it ensured that stations cannot use
sharing as a shortcut to obtaining cable carriage rights. Moreover,
unlike full power commercial stations, which are entitled to assert
mandatory carriage rights on cable systems throughout their DMA,
secondary stations qualify for must-carry on cable systems only under
very limited circumstances set forth in section 614 of the Act. The
strict requirements for carriage set forth in the Act will continue to
apply to secondary stations.
9. Sharer Stations. The Commission allowed all full power and
secondary stations to be sharer stations outside of the auction
context, including full power stations that are not a party to an
auction-related CSA. In a channel sharing relationship outside the
auction context, the sharee station relinquishes its licensed
frequencies without compensation and compensates the sharer station for
sharing its licensed frequency with the sharee. Although the Commission
concluded that full power stations that are not a party to an auction-
related CSA will likely have no incentive to enter into such an
arrangement, the same is not true for potential sharers, who stand to
benefit financially through payments from sharee stations. In addition,
the ability of such stations to become sharers also benefits other
stations by increasing the number of potential sharers. Allowing all
stations to be sharers outside the auction context will not increase
carriage burdens for MVPDs. Because a sharer station necessarily will
have already constructed and licensed its facilities, there is no
concern that such stations might use sharing as a shortcut to obtaining
MVPD carriage. In addition, because sharer stations do not relinquish
spectrum usage rights, allowing all stations to be sharers does not
present concerns with vacated channels being licensed to new stations
that could increase the number of stations MVPDs are required to carry.
Carriage Rights Outside the Auction Context
10. The Commission interpreted the Act as providing full power
stations with auction-related CSAs that subsequently become sharees
outside of the auction context, as well as their sharer station hosts,
with the same carriage rights at their shared location that they would
have if they were not channel sharing. It also interpretted the Act as
providing secondary sharee stations, as well as their sharer station
hosts, with the same carriage rights at their shared location that they
would have if they were not channel sharing, provided the sharee
station is exercising must carry rights on its existing channel on the
date of release of the Closing and Reassignment PN. The Commission
found that its interpretation will effectuate the statutory purposes
underlying the must-carry regime without burdening more speech than
necessary to further those interests.
11. The Commission concluded that the language of the must-carry
provisions is ambiguous with respect to the issue of carriage rights in
the context of channel sharing. The language of these provisions does
not expressly preclude channel sharing stations from retaining must-
carry rights at their shared location, nor does it compel a particular
result. 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.''
Accordingly, the Commission chose a reasonable interpretation of the
statutory text that best effectuates the statutory purpose underlying
the must-carry regime.
12. The Commission disagreed with the National Cable and
Telecommunications Association's (NCTA) claim that the must-carry
provisions cannot be read to extend carriage rights to channel sharing
stations. The Commission did not agree that the definition of ``a local
commercial television station'' is inextricably tied to its assignment
to a 6 MHz channel and that, therefore, mandatory carriage obligations
extend to only one programming stream per 6 MHz channel. NCTA cited to
Section 534 of the Act, which defines a ``local commercial television
station'' as any commercial full power station ``licensed and operating
on a channel regularly assigned to its community by the Commission. . .
.'' NCTA noted that our rules currently define a ``channel'' as 6 MHz
wide. Sections 614, 615, and 338, however, accord carriage rights to
licensees without regard to whether they occupy a full 6 MHz channel or
share a channel with another licensee. The Commission concluded that
nothing in the Act requires a station to occupy an entire 6 MHz 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 Act. In this proceeding, the Commission revised its
rules to permit digital stations to share a 6 MHz channel and will
require that channel sharing stations be separately licensed and
authorized to operate on that channel. Under the rules adopted in this
R&O, therefore, both the sharer and sharee will be ``licensed and
operating
[[Page 18243]]
on a channel'' that is ``regularly assigned to its community'' by the
Commission.
13. The Commission also disagreed with NCTA that the Act's
``primary video'' restriction fails to preserve the carriage rights of
stations that enter into channel sharing arrangements outside the
context of the auction. NCTA asserted that the must-carry provisions of
the Act require cable operators to carry only one primary video signal
per television ``channel.'' In this regard, NCTA cited to Section 614
of the Act, which requires cable operators to carry only the ``primary
video'' of ``each of the local commercial television stations'' carried
on the cable system. NCTA argued that a broadcaster that gives up its
spectrum to transmit television programming using a portion of another
broadcaster's 6 MHz channel has no greater carriage rights than those
of the other broadcaster's multicast streams or the streams provided by
a lessee of the broadcaster's multicast capacity. However, the
Commission concluded that the language of the primary video provision
of the Act did not support NCTA's view. Section 614(b)(3)(A) requires a
cable operator to carry the primary video ``of each of the local
commercial television stations carried on the cable system.'' The
statute, therefore, imposed a requirement to carry one primary video
stream per station, not one primary video stream per channel.
14. The Commission also disagreed with NCTA's claim that Congress
specifically addressed the carriage rights of auction-related channel
sharing stations in the Spectrum Act because, absent this provision,
the must-carry provisions of the Act would not afford such rights.
Rather, in light of the ambiguity in the statutory language of the Act
with respect to the carriage rights of channel sharing stations, the
Commission concluded that Congress added this provision to provide
certainty to potential reverse auction bidders. Moreover, the Spectrum
Act did not simply clarify carriage rights under the Act, it also
limited the carriage rights of sharee stations in connection with the
incentive auction to those that possessed such rights on November 30,
2010.
15. Full Power Stations. The Commission interpreted the Act as
providing full power stations with auction-related CSAs that become
sharees outside of the auction context, as well as their sharer station
hosts, with the same carriage rights at their shared location that they
would have if they were not channel sharing. The Commission will
continue to apply the November 30, 2010 date for possession of carriage
rights to auction-related full power sharee stations entering into a
second-generation CSA. The Spectrum Act limits the carriage rights of
sharee stations in connection with the incentive auction to those that
possessed such rights on November 30, 2010. If the Commission did not
extend this date to second-generation CSAs, auction-related full power
sharees that did not possess carriage rights as of November 30, 2010
could enter into a short-term auction-related CSA, during which time
they would not possess carriage rights, and subsequently enter into a
second-generation CSA with carriage rights at the shared location. The
Commission concluded that extending the November 30, 2010 date for
possession of carriage rights to an auction-related full power sharee
entering into a second-generation CSA avoids undermining the statutory
objective of Section 1452(a)(4). Because Section 1452(a)(4) does not
apply to auction-related sharer stations, however, the Commission
declined to apply this date restriction to auction-related sharer
stations that become prospective sharee stations outside of the auction
context.
16. The Commission found that its interpretation will effectuate
the statutory purposes underlying the must-carry regime without
burdening more speech than necessary to further those interests. This
interpretation ensures that full power stations with auction-related
CSAs can continue to share outside the auction context once their
auction-related CSAs expire or otherwise terminate while retaining
their carriage rights. Full power stations with auction-related CSAs
already possess carriage rights and will continue to possess such
rights during the terms of their auction-related CSAs pursuant to
Section 1452(a)(4). Continuing carriage rights during the terms of
second-generation CSAs maintains these rights. If MVPDs stopped
carrying the signals of full power stations with auction-related CSAs
during second-generation CSAs, these broadcasters would stand to lose a
significant audience and associated advertising revenues, thus
jeopardizing their continued health and viability. In addition, absent
mandatory carriage during the terms of second-generation CSAs, winning
channel sharing bidders that indicated on their reverse auction
application a present intent to enter into an auction-related CSA after
the conclusion of the incentive auction might elect not to channel
share post-auction and to instead relinquish their license. Thus,
continued carriage of full power stations with auction-related CSAs
serves the important governmental interests of preserving the benefits
of free, over-the-air broadcast television and their contribution to
source diversity.
17. The Commission found that its interpretation will not burden
more speech than necessary. First, because full power stations that are
parties to auction-related CSAs have already built and licensed their
stations on a non-shared channel, our action does not provide unbuilt
full power stations with a shortcut to obtaining carriage rights, which
would increase the number of stations MVPDs are required to carry.
Second, its decision declining to allow full power stations without
auction-related CSAs to become sharees outside the auction context
mitigates NCTA's concern regarding the potential increase in MVPD
carriage obligations that could result from licensing new stations on
channels vacated as a result of new post-auction sharing arrangements.
Because the Commission permits only full power stations that are
already parties to an auction-related CSA to become sharees outside of
the auction context, there will be no full power channels vacated after
the auction by full power stations electing to become channel sharees.
Third, the Commission precluded full power stations with auction-
related CSAs that become sharees outside of the auction context from
changing their community of license absent an amendment to the DTV
Table. These actions will further mitigate the impact of channel
sharing on MVPD carriage burdens.
18. Secondary Stations. The Commission interpreted the Act as
providing secondary sharee stations, as well as their sharer station
hosts, with the same carriage rights at their shared location that they
would have if they were not channel sharing, provided the sharee
station is exercising must carry rights on its existing channel on the
date of release of the Closing and Reassignment PN.
19. The Commission found that its interpretation will effectuate
the statutory purposes underlying the must-carry regime without
burdening more speech than necessary to further those interests.
Sharing could prove beneficial for secondary stations by mitigating the
impact of the incentive auction and repacking process on displaced
stations. If cable operators did not carry the signals of secondary
sharee stations and their sharer hosts that otherwise qualify for
carriage under Section 614(h)(2), these broadcasters would stand to
lose a significant audience and associated advertising revenues, thus
jeopardizing
[[Page 18244]]
their continued health and viability. Carriage of secondary sharees and
their sharer hosts that otherwise qualify for carriage under Section
614(h)(2) serves the important governmental interests of preserving the
benefits of free, over-the-air broadcast television and their
contribution to source diversity. The Commission interpreted the Act in
a manner that will minimize the possibility of a net increase in
carriage burdens.
20. Although the Commission allowed all secondary stations to
become sharee stations outside the auction context, it did not permit
secondary stations to enter into channel sharing arrangements solely as
a means to newly obtain must-carry rights. The Commission found that it
would not serve the purpose of mitigating the impact of the auction and
repacking process on displaced LPTV stations to permit stations to
qualify for carriage, when they previously were unable to do so under
the Act, simply because they have decided to channel share. In order
for a secondary sharee station to be eligible for carriage rights at
the shared location under the Commission's interpretation, it must
qualify for, and be exercising, must carry rights on its existing
channel on the date of release of the Closing and Reassignment PN. The
Commission chose this date to consider whether a secondary station is
exercising must-carry rights because the Media Bureau has previously
notified secondary stations that they must be in operation by this date
in order to be eligible for the special post-auction displacement
window.
21. The Commission concluded that affording secondary sharees with
the same carriage rights at their shared location that they would have
if they were not channel sharing, provided the sharee station is
exercising must carry rights on its existing channel as of the date of
release of the Closing and Reassignment PN, will not burden more speech
than necessary. Even if a secondary station is exercising carriage
rights on its existing channel as of this date, it must still
independently satisfy the statutory requirements for carriage at the
shared location in order to have carriage rights once it begins channel
sharing. As noted above, secondary stations qualify for must-carry on
cable systems only under very limited circumstances set forth in the
Act. Even assuming that a channel vacated by a secondary sharee is made
available for licensing to a new secondary station, the strict
statutory requirements for carriage make the likelihood that the new
secondary station would qualify for carriage very low. For the same
reason, it is unlikely that a secondary sharee station would qualify
for carriage at a shared location. The probability that the sharee
would qualify for carriage is reduced even further by two additional
factors. First, the Commission limited the distance of secondary sharee
station moves resulting from channel sharing. Second, a secondary
station sharing the channel of a full power station would not be
eligible for mandatory carriage under Section 614(h)(2)(F) of the Act,
which the Commission has previously interpreted to mean that ``if a
full power station is located in the same county or political
subdivision (of a State) as an otherwise `qualified' low power station,
the low power station will not be eligible for must-carry status.''
Channel sharing stations necessarily share the same transmission
facility and, thus, are necessarily ``located in the same county or
political subdivision (of a State).'' Thus, consistent with the
Commission's previous interpretation of this statutory provision, when
a secondary station shares with a full power station, the secondary
station will not qualify for mandatory carriage because it will be
located in the same county or political subdivision as a full power
station.
22. Class A Stations. The Commission permitted all Class A stations
to be sharee stations or sharer stations outside the auction context.
For Class A stations that enter into CSAs for the first time outside
the incentive auction context, the Commission interpreted the Act as
providing such Class A sharee stations, as well as their sharer station
hosts, with the same carriage rights at their shared location that they
would have if they were not channel sharing provided the Class A sharee
meets the same condition we impose above for secondary stations; that
is, it is exercising must carry rights on the date of release of the
Closing and Reassignment PN. As with secondary stations, this
limitation ensures that these Class A stations do not qualify for
carriage, when they previously were unable to do so under the Act,
simply because they have decided to channel share. The Commission
treated Class A stations participating in second-generation CSAs
differently. For a Class A station that participated in an auction-
related CSA, and that enters into a second-generation CSA once their
auction-related CSA ends, the Commission interpreted the Act as
providing the Class A sharee, and their sharer station host, with the
same carriage rights at their shared location that they would have if
they were not channel sharing provided the Class A sharee exercised
carriage rights under its original, ``first-generation,'' auction-
related CSA. The Commission treated Class A stations participating in
second-generation CSAs differently to ensure that these Class A
stations can continue to exercise their carriage rights in subsequent
CSAs if they qualified for, and exercised, carriage rights in their
first-generation CSA. This approach does not increase carriage burdens
for MVPDs beyond those created by first-generation CSAs pursuant to the
Spectrum Act.
23. Channel sharing outside the auction context has the potential
to increase the opportunities for displaced Class A stations to survive
the impending spectrum repack and continue providing programming to the
public. With respect to cable carriage, however, Class A stations are
treated identically to secondary stations under the Communications Act
and thus qualify for must-carry on cable systems only under very
limited circumstances set forth in the Act. Even assuming that a
channel vacated by a Class A station is made available for licensing to
a new low power station, the likelihood that the new low power station
would qualify for carriage is low given the very limited circumstances
under which a low power station qualifies for carriage under the Act.
In addition, as with secondary stations, it is unlikely that a Class A
sharee station would qualify for carriage at a shared location because
of the very limited circumstances under which a Class A station
qualifies for carriage under the Act, the Commission's decision to
limit the distance of Class A sharee station moves resulting from
channel sharing, and the fact that a Class A station sharing with a
full power station would not be eligible for mandatory carriage under
Section 614(h)(2)(F) of the Act.
Licensing and Operating Rules Applicable to Channel Sharing Outside the
Auction Context
24. Licensing Rules for Primary-Primary and Primary-Secondary
Channel Sharing--Voluntary and Flexible. Channel sharing between
primary stations and between primary and secondary stations outside of
the auction will be ``entirely voluntary.'' Stations can structure
their CSAs in a manner that will allow a variety of different types of
spectrum sharing to meet the individualized programming and economic
needs of the parties involved. The Commission will, however, require
each station involved in a CSA to operate in digital on the shared
channel and to retain spectrum usage rights sufficient to ensure at
least enough capacity to operate one standard
[[Page 18245]]
definition (SD) programming stream at all times. The Commission will
not prescribe a fixed split of the capacity of the 6 MHz channel
between the stations from a technological or licensing perspective. All
channel sharing stations will be licensed for the entire capacity of
the 6 MHz channel, and stations will be allowed to determine the manner
in which that capacity will be divided among themselves subject only to
the minimum capacity requirement.
25. The Commission will apply its existing framework for channel
sharing licensing and operation to sharing between primary stations and
between primary and secondary stations. Under this framework, each
sharing station will continue to be licensed separately, each will have
its own call sign, and each licensee will be independently subject to
all of the Commission's obligations, rules, and policies. The
Commission retains the right to enforce any violation of these
requirements against one or both parties to the CSA. As is always the
case, the Commission would take into account all relevant facts and
circumstances in any enforcement action, including the relevant
contractual obligations of the parties involved.
26. Similar to its approach for auction-related and secondary-
secondary CSAs, the Commission will permit term-limited CSAs outside
the auction context for primary-primary and primary-secondary sharing.
The Commission declined to establish a minimum term for non-auction-
related CSAs. While some commenters supported requiring a three-year
minimum term for CSAs outside the auction context, the Commission was
not persuaded at this point that this step is necessary to protect
viewers and MVPDs from unnecessary disruption or costs.
27. Licensing Procedures. The Commission adopted a two-step process
for reviewing and licensing channel sharing arrangements that fit
within the categories authorized in this R&O. For the first step, if no
technical changes are necessary for sharing, a channel sharee station
will file the appropriate schedule to FCC Form 2100 for a digital
construction permit specifying the same technical facilities as the
sharer station (Schedule A, C or E), include a copy of the channel
sharing agreement (CSA) as an exhibit, and cross reference the other
sharing station(s). In this case, the sharer station does not need to
take action at this point. If the CSA requires technical changes to the
sharer station's facilities, each sharing station will file the
appropriate schedule to FCC Form 2100 to apply for a digital
construction permit specifying identical technical facilities for the
shared channel, along with the CSA.
28. The Commission will treat modification applications filed to
implement the additional channel sharing arrangements as minor change
applications, subject to certain exceptions. Although a channel sharing
arrangement results in a sharee station changing channels, which is a
major change under our rules, the Commission concludes that treating
channel changes as minor when done in connection with channel sharing
is appropriate because the sharee will be assuming the authorized
technical facilities of the sharer station, meaning that compliance
with our interference and other technical rules would have been
addressed in licensing the sharer station. In the case of a full power
sharee station, the Commission will consider any loss in service
resulting from the proposed sharing arrangement at the construction
permit stage in determining whether to grant the permit. The Commission
noted that, with channel sharing, service loss in one area (i.e., a
portion of the area previously served by the sharee) might result in a
gain in service to a different area (i.e., that served by the sharer).
Moreover, absent the proposed sharing arrangement, a full power sharee
station might not be able to continue to provide service, such as in
the case of the expiration or termination of its current CSA. The Media
Bureau will consider these and other factors in determining whether a
sharing arrangement proposed by a full power sharee station is
consistent with section 307(b) and serves the public interest.
29. In addition, while a full power television station seeking to
change its channel normally must first submit a petition to amend the
DTV Table of Allotments (Table), the Commission will not apply this
process to full power sharee stations. Rather, after the full power
sharee station's construction permit is granted, the Bureau will amend
the Table on its own motion to reflect the change in the channel
allotted to the sharee station's community.
30. The Commission will begin accepting non-auction-related channel
sharing applications on a date after the completion of the incentive
auction specified by the Media Bureau. With respect to a full power or
Class A station sharing with a secondary station, if the sharee is a
secondary station that is displaced as a result of the incentive
auction or repacking process, it will not have to wait for the post-
incentive auction displacement window to file its displacement
application to propose sharing the sharer station's facilities. Rather,
beginning on the specified date, the secondary sharee station may file
an application for a construction permit for the same technical
facilities of the primary station and include a copy of the CSA as an
exhibit. If the secondary station is the sharer and that station is
displaced as a result of the incentive auction or repacking process,
then, the secondary sharer would file during the post-incentive auction
displacement window if it is eligible. If none of the parties to a non-
auction-related CSA is a station that was displaced as a result of the
incentive auction or repacking process, then the sharee station(s) may
file channel sharing application(s) beginning on the date after the
completion of the incentive auction specified by the Media Bureau.
31. As a second step, after the sharing stations have obtained the
necessary construction permits, implemented their shared facility, and
initiated shared operations, the sharee station(s) will notify the
Commission that the station has terminated operation on its former
channel. At the same time, all sharing stations will file the
appropriate schedule to Form 2100 for a license in order to complete
the licensing process (Schedule B, D or F). Parties to channel sharing
arrangements outside of the auction context will have three years to
implement their arrangements.
32. Service and Technical Rules, Including Interference
Protection--Primary-Primary Sharing. A Class A sharee that opts to
share a full power sharer's channel outside of the auction will be
permitted to operate with the technical facilities of the full power
station authorized under Part 73 of the rules. Conversely, a full power
sharee sharing a Class A sharer's channel will be required to operate
at the Class A station's lower Part 74 power level. As with channel
sharing between full power and Class A stations in the incentive
auction context, the channel of a full power sharer sharing with a
Class A sharee will remain in the DTV Table. In the case of a full
power sharee that chooses to share the ``non-tabled'' channel of a
Class A station, the Commission will amend the DTV Table to reflect the
change in the channel allotted to the full power sharee station's
community.
33. A full power sharee station sharing a channel with a Class A
sharer station will continue to be obligated to comply with the
programming and other operational obligations of a Part 73 licensee. A
Class A sharee station sharing a channel with a full power
[[Page 18246]]
sharer station will continue to be obligated to comply with the
programming and other operational obligations of a Class A licensee,
including airing a minimum of 18 hours a day and an average of at least
three hours per week of locally produced programming each quarter, as
required by Sec. 73.6001 of the rules.
34. Primary-Secondary Sharing. A secondary LPTV or TV translator
station that shares the channel of a full power television station will
be permitted to operate with the technical facilities of the full power
station, including at the higher power limit specified in Part 73 of
the rules. The channel of a full power sharer station sharing with a
secondary LPTV or TV translator sharee station will remain in the DTV
Table. LPTV and TV translators that share the channel of a Class A
station will continue to be limited to operation at the lower power
specified for LPTV, TV translator, and Class A stations in Part 74 of
our rules. An LPTV or TV translator station that shares a full power or
Class A station's channel will obtain ``quasi'' primary interference
protection for the duration of the channel sharing arrangement by
virtue of the fact that the full power or Class A station is a primary
licensee. Although the secondary station will continue to be licensed
with secondary interference protection status, the host full power or
Class A television station's primary status protects it from
interference or displacement, and this protection will necessarily
carry over to any station that is sharing its channel.
35. A full power sharee that shares a secondary station's channel
will have to operate with the lower power limits specified in Part 74
of the rules for LPTV and TV translator stations. When a full power
sharee shares the ``non-tabled'' channel of a LPTV or TV translator
station, we will amend the DTV Table to reflect the change in the
channel allotted to the sharee station's community. A full power or
Class A sharee sharing a channel with a secondary station sharer will
be subject to displacement because it will be sharing a channel with
secondary interference protection rights.
36. A full power sharee station sharing a channel with a secondary
sharer station will continue to be obligated to comply with the
programming and other operational obligations of a Part 73 licensee.
Similarly, a Class A sharee station sharing a channel with a secondary
sharer station will continue to be obligated to comply with the
programming and other operational obligations applicable to Class A
licensees. A secondary sharee station sharing a channel with a full
power or Class A sharer station will continue to be subject to the
programming and other operational obligations applicable to LPTV or
translator stations and will not be subject to such obligations
applicable to full power or Class A stations.
37. The Commission declined to adopt Roy Mayhugh's suggestions to
formally relicense LPTV stations as full power stations if the LPTV
station shares its channel with a full power station, or to allow a
full power station sharing on a secondary station's channel to retain
its primary interference protection. This would result in the formal
creation of a new class of primary stations. The Commission did not
believe it is appropriate to use this proceeding to make such extensive
changes to our licensing or technical rules. The Commission also
declined to adopt ICN's proposal that primary stations be given
priority access to the best remaining repacked channels in a market if
they agree to share with a secondary station and grant access to at
least one-third of their bandwidth. This proposal would have required
adding constraints on the reverse auction and repacking processes that
have long since been established and were utilized in the incentive
auction. In addition, the Commission rejected Media General's
suggestion that it exempt stations that enter into CSAs outside the
auction context from the Commission's multiple ownership rules to
provide an incentive for stations to enter into a non-auction-related
CSA. Media General presented no legal or policy basis on which we
should alter our multiple ownership restrictions and thereby reduce
ownership and program diversity to promote CSAs outside the auction
context.
38. Reserved-Channel NCE Sharing Stations. A reserved-channel full
power NCE licensee, whether it proposes to share a non-reserved channel
or agrees to share its reserved channel with a commercial sharee
station, will retain its NCE status and must continue to comply with
the rules applicable to NCE licensees. In either case, the NCE full
power station's portion of the shared channel will be reserved for NCE-
only use.
39. Station Relocations to Implement Channel Sharing. The
Commission will preclude full power stations seeking to channel share
as sharee stations outside of the incentive auction from changing their
community of license absent an amendment to the DTV Table. Absent such
amendment, we will limit these stations to a CSA 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.
This approach differs from the one the Commission took with respect to
channel sharing in the auction context, where the Commission sought to
facilitate broadcaster participation in the auction and to avoid any
detrimental impact on the speed and certainty of the auction. Because
those considerations do not apply outside the auction context, the
Commission disagreed with EBOC that it should provide the same
relocation flexibility to channel sharees outside the auction.
Precluding full power sharee stations from changing their communities
of license absent an amendment to the DTV Table advances the
Commission's interest in the provision of service to local communities.
While our goal is to accommodate channel sharing, the Commission also
seeks to ensure that stations continue to provide service to their
communities of license and to avoid situations in which stations
abandon their communities in order to relocate to more populated
markets. In addition, this approach will help to avoid viewer
disruption and any potential impact on MVPDs that might result from
community of license changes.
40. The Commission will apply the existing 30-mile and contour
overlap restrictions that apply to Class A moves to Class A sharee
stations that propose to move as a result of a sharing arrangement.
Specifically, if requested in conjunction with a digital displacement
application, a station relocation resulting from a proposed CSA, in
order to be considered a minor change, may not be greater than 30 miles
from the reference coordinates of the relocating station's community of
license. In all other cases, a station relocating as a result of a
proposed CSA, in order to be considered a minor change: (i) Must
maintain overlap between the protected contour of its existing and
proposed facilities; and (ii) may not relocate more than 30 miles from
the reference coordinates of the relocating station's antenna location.
The Commission concluded that continued application of these
restrictions was necessary to curtail abuse of the Commission's
policies by stations seeking to relocate large distances in order to
move to more populated markets under the cover of needing to implement
a channel sharing arrangement. At the same time, it stated that it
would consider waivers for secondary stations to allow channel sharing
modifications that do not comply with these limits.
[[Page 18247]]
41. The Commission will consider waivers of the Part 74
modification restrictions based on the same criteria it adopted for
channel sharing between secondary stations. A displaced LPTV or TV
translator station (or auction ineligible Class A station displaced by
the incentive auction or repacking) proposing to channel share with a
station located more than 30 miles from the reference coordinates of
the displaced station's community of license will have to show: (i)
That there are no channels available that comply with section
74.787(a)(4) of the rules; and (ii) that the proposed sharer station is
the station closest to the reference coordinates of the displaced
station's community of license that is available for channel sharing.
The Commission will apply a stricter standard for requests for waiver
of our relocation rules with respect to non-displaced Class A, LPTV,
and TV translator stations because the proposed modification would be
voluntary. In such cases, it will consider a waiver if the station
seeking to relocate demonstrates: (i) That there is no other channel
sharing partner that operates with a location that would comply with
the contour overlap and 30-mile restrictions on the station seeking the
waiver; and (ii) the population in the relocating station's loss area
is de minimis, and/or well-served, and/or would continue to receive the
programming aired by the relocating station from another station.
42. For any CSA that involves licensing both a full power sharee
and Class A, LPTV, or TV translator sharer, the Commission will combine
the above outlined restriction on full power sharees changing their
community of license with the limits on modifications to Class A, LPTV
and TV translator station facilities outlined in the rules. Thus, a
full power sharee station seeking to implement a CSA with a Class A,
LPTV or TV translator station will not be permitted to change its
community of license. A Class A, LPTV, or TV translator sharee station
seeking to implement a CSA with a full power station will be subject to
the 30-mile and contour overlap restrictions described above.
Channel Sharing Operating Rules
43. Channel Sharing Agreements. The Commission will require that
all CSAs entered into pursuant to the rules we adopt herein include
provisions outlining each licensee's rights and responsibilities in the
following areas: (i) Access to facilities, including whether each
licensee will have unrestricted access to the shared transmission
facilities; (ii) allocation of bandwidth within the shared channel;
(iii) 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; (iv)
transfer/assignment of a shared license, including the ability of a new
licensee to assume the existing CSA; and (v) termination of the license
of a party to the CSA, including reversion of spectrum usage rights to
the remaining parties to the CSA. Channel sharing partners may craft
provisions as they choose, based on marketplace negotiations, subject
to pertinent statutory requirements and the Commission's rules and
regulations. A station seeking approval to channel share must submit a
copy of its CSA along with its application for a digital construction
permit. The Commission will review the CSA to ensure compliance with
our rules and policies. It will limit its review to confirming that the
CSA contains the required provisions and that any terms beyond those
related to sharing of bitstream and related technical facilities
comport with our general rules and policies regarding license
agreements. The Commission reserves the right to require modification
of a CSA that does not comply with its rules or policies.
44. Termination, Assignment/Transfer, and Relinquishment of Channel
Sharing Licenses. The Commission will allow rights under a CSA to be
assigned or transferred, subject to the limits adopted in this R&O, the
requirements of Section 310 of the Communications Act, the Commission's
rules, and the requirement that the assignee or transferee comply with
the applicable CSA. When a primary or secondary sharing station's
license is terminated due to voluntary relinquishment, revocation,
failure to renew, or any other circumstance, its spectrum usage rights
(but not its license) may revert to the remaining sharing partner(s) if
the partner(s) so agree and this provision is set forth in the CSA. In
the event that only one station remains on the shared channel, that
station may apply to change its license to non-shared status using FCC
Form 2100--Schedule B (for a full power station), Schedule D (for an
LPTV/translator station), or Schedule F (for a Class A station). If a
full power station that is sharing with a Class A, LPTV, or TV
translator station relinquishes its license, then the Class A, LPTV, or
TV translator station would operate under the rules governing their
particular service (Class A, LPTV, or TV translator). Similarly, if a
Class A station that is sharing with a LPTV or TV translator station
relinquishes its license, then the LPTV or TV translator station would
operate under the rules governing their particular service. If the
sharing partner is an NCE station operating on a reserved channel, its
portion of the shared channel must continue to be reserved for NCE-only
use. The Commission recognized the important public service mission of
NCE stations, and it disfavors dereserving NCE-only channels. Thus, in
the unlikely event that a reserved-channel NCE station that shares with
a commercial station faces involuntary license termination, creating a
risk of dereservation, the Commission will exercise its broad
discretion to ensure that the public interest is served.
Reimbursement
45. The Commission will not require reimbursement of costs imposed
on MVPDs as a result of CSAs entered into outside the context of the
incentive auction, including costs resulting from second-generation
CSAs of auction-related sharees. The 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 winning channel sharing bids in the
incentive auction. Accordingly, costs associated with channel sharing
outside the auction will be borne by broadcasters and MVPDs in the same
manner as they are for other channel moves. While the Commission has
explained previously that channel sharing may impose some costs on
MVPDs, there is no record evidence to suggest that the cost to MVPDs of
accommodating channel sharing outside the auction context will impose
an undue burden. The Commission retained the right to reconsider our
decision in this regard should we receive future evidence to the
contrary.
Notice to MVPDs
46. The Commission will require stations participating in CSAs
outside the auction context to provide notice to those 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. The notice must contain the following information: (i) Date
and time of any channel
[[Page 18248]]
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. Stations
may elect whether to provide notice via a letter notification or
electronically, if pre-arranged with the relevant MVPD. The Commission
will require that sharee stations provide notice at least 90 days prior
to terminating operations on the sharee's channel and that both sharer
and sharee stations provide notice at least 90 days prior to initiation
of operations on the sharer channel. Should the anticipated date to
either cease operations or commence channel sharing operation change,
the station(s) must send a further notice to affected MVPDs informing
them of the new anticipated date(s). Finally, during the 90-day notice
period, the parties to the CSA are expected to continue to coordinate
the implementation of the CSA with each MVPD that they seek to carry
their transmissions.
ATSC 3.0
47. The Commission stated that the conclusions it reached regarding
channel sharing outside the context of the incentive auction, including
our interpretation of the Communications Act's must-carry provisions
with respect to channel sharing stations, apply to situations in which
one station relinquishes a channel in order to channel share. They are
not intended to prejudge issues regarding ``local simulcasting'' that
are raised in the pending proceeding regarding the ATSC 3.0 broadcast
transmission standard.
Final Regulatory Flexibility Act Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), Initial Regulatory Flexibility Analyses (``IRFAs'') were
incorporated in the First Order on Reconsideration and Notice of
Proposed Rulemaking and Third Report and Order and Fourth Notice of
Proposed Rulemaking (``NPRMs''). The Commission sought written public
comment on the proposals in the NPRMs, including comment on the IRFAs.
Because the Commission amended the rules in this R&O, it included this
Final Regulatory Flexibility Analysis (``FRFA'') which conforms to the
RFA.
Need for and Objectives of the Rules
The Report and Order adopts rules permitting full power stations
with auction-related channel sharing agreements (CSAs) to become
``sharee'' stations outside the auction context. Our goal in this
regard is to permit full power stations with auction-related CSAs to
continue to share, and to find a new host station, once their auction-
related CSAs expire or otherwise terminate. We also adopt rules to
allow all secondary stations, including those that have not yet
constructed facilities and are not operating at the time they enter
into a CSA, to share a channel with another secondary station or with a
full power or Class A station. This action will reduce construction and
operating costs for resource-constrained secondary stations and assist
those secondary stations that are displaced by the incentive auction
and the repacking process to continue to operate in the post-auction
television bands. We also permit all Class A stations to become sharee
stations outside the auction context. In addition, we permit all
stations, both primary and secondary, to be ``sharers'' outside the
auction context. The rules we adopt in this Report and Order will
enhance the benefits of channel sharing for broadcasters without
imposing significant burdens on multichannel video programming
distributors (MVPDs).
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
No formal comments were filed on the IRFAs but some commenters
raised issues concerning the impact of the various proposals in this
proceeding on small entities. These comments were considered in the
Report and Order and in the FRFA.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
No comments were filed on the IRFAs by the Small Business
Administration.
Description and Estimate of the Number of Small Entities To Which the
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 following small
entities, as well as an estimate of the number of such small entities,
are discussed in the FRFA: Full power television stations; (2) Class A
TV and LPTV stations; (3) Wired Telecommunications Carriers; (4) Cable
Companies and Systems (Rate Regulation); (5) Cable System Operators
(Telecom Act Standard); and (6) Direct Broadcast Satellite (DBS)
Service.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
The R&O adopted the adopted the following new reporting
requirements. To implement channel sharing outside of the auction
context, the Commission will follow a two-step process--stations will
first file an application for construction permit and then an
application for license. Stations terminating operations to share a
channel will be required to submit a termination notice pursuant to the
existing Commission rule. These existing forms and collections will be
revised to accommodate these new channel-sharing related filings and to
expand the burden estimates. In addition, channel sharing stations will
be required to submit their channel sharing agreements (CSAs) with the
Commission and be required to include certain provisions in their CSAs.
In addition, 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. The existing
collection concerning the execution and filing of CSAs will be revised.
In addition, stations participating in CSAs outside the auction context
are required to provide notice to those 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. The
existing collection concerning MVPD notification will be revised.
These new reporting requirements will not differently affect small
entities.
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, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
[[Page 18249]]
The rules adopted in the R&O will allow full power stations with
auction-related CSAs to continue to share, and to find a new host
station, once their auction-related CSAs expire or otherwise terminate,
thereby allowing them to continue to provide service to the public. In
addition, channel sharing can help resource-constrained Class A and
secondary stations, including existing small, minority-owned, and niche
stations, to reduce operating costs and provide them with additional
net income to strengthen operations and improve programming services.
The rules adopted in the R&O could also assist stations that are
displaced by the incentive auction reorganization of spectrum by
allowing these stations to channel share and thereby reduce the cost of
having to build a new facility to replace the one that was displaced.
Stations can share in the cost of building a shared channel facility
and will experience cost savings by operating a shared transmission
facility. In addition, channel sharing is voluntary and only those
stations that determine that channel sharing will be advantageous will
enter into this arrangement. At the same time, the sharing rules will
not impose significant burdens on multichannel video programming
distributors (MVPDs). For example, by limiting full power sharees
outside of the auction context to only those with an auction-related
CSA, the Commission avoided an increase in the number of full power
stations MVPDs are required to carry under the must-carry regime.
The Commission's licensing and operating and MVPD notice rules for
channel sharing outside of the auction context were designed to
minimize impact on small entities. The rules provide a streamlined
method for reviewing and licensing channel sharing for these stations
as well as a streamlined method for resolving cases where a channel
sharing station loses its license on the shared channel. These rules
were designed to reduce the burden and cost on small entities.
Report to Congress
The Commission will send a copy of the R&O, including the FRFA, in
a report to be sent to Congress pursuant to the Congressional Review
Act. In addition, the Commission will send a copy of the R&O, including
the FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
R&O and FRFA (or summaries thereof) will also be published in the
Federal Register.
List of Subjects in 47 CFR Parts 73 and 74
Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 73 and 74 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. Section 73.3572 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 73.3572 Processing of TV broadcast, Class A TV broadcast, low
power TV, TV translators, and TV booster applications.
* * * * *
(a) * * *
(3) Other changes will be considered minor including changes made
to implement a channel sharing arrangement provided they comply with
the other provisions of this section and provided, until October 1,
2000, proposed changes to the facilities of Class A TV, low power TV,
TV translator and TV booster stations, other than a change in
frequency, will be considered minor only if the change(s) will not
increase the signal range of the Class A TV, low power TV or TV booster
in any horizontal direction.
* * * * *
0
3. Section 73.3800 is added to read as follows:
Sec. 73.3800 Full power television channel sharing outside the
incentive auction.
(a) Eligibility. Subject to the provisions of this section, a full
power television station with an auction-related Channel Sharing
Agreement (CSA) may voluntarily seek Commission approval to relinquish
its channel to share a single six megahertz channel with a full power,
Class A, low power, or TV translator television station. An auction-
related CSA is a CSA filed with and approved by the Commission pursuant
to Sec. 73.3700(b)(1)(vii).
(b) Licensing of channel sharing stations. (1) 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.
(2) A full power television channel sharing station relinquishing
its channel must file an application for a construction permit (FCC
Form 2100), include a copy of the CSA as an exhibit, and cross
reference the other sharing station(s). Any engineering changes
necessitated by the CSA 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) Channel sharing between full power television stations and
Class A, Low power television, or TV translator stations. (1) A full
power television sharee station (defined as a station relinquishing a
channel in order to share) that is a party to a CSA with a Class A
sharer station (defined as the station hosting a sharee pursuant to a
CSA) must comply with the rules governing power levels and interference
applicable to Class A stations, and must comply in all other respects
with the rules and policies applicable to full power television
stations set forth in this part.
(2) A full power television sharee station that is a party to a CSA
with a low power television or TV translator sharer station must comply
with the rules of part 74 of this chapter governing power levels and
interference applicable to low power television or TV translator
stations, and must comply in all other respects with the rules and
policies applicable to full power television stations set forth in this
part.
(d) Channel sharing between commercial and noncommercial
educational television stations. (1) A CSA may be executed between
commercial and NCE broadcast television station licensees.
(2) The licensee of an NCE station operating on a reserved channel
under Sec. 73.621 that becomes a party to a CSA, either as a channel
sharee station or as a channel sharer station, will retain its NCE
status and must continue to comply with Sec. 73.621.
(3) If the licensee of an NCE station operating on a reserved
channel under Sec. 73.621 becomes a party to a CSA, either as a
channel sharee station or as a channel sharer station, the portion of
the shared television channel on which the NCE station operates shall
be reserved for NCE-only use.
(4) The licensee of an NCE station operating on a reserved channel
under Sec. 73.621 that becomes a party to a CSA
[[Page 18250]]
may assign or transfer its shared license only to an entity qualified
under Sec. 73.621 as an NCE television licensee.
(e) Deadline for implementing CSAs. CSAs submitted pursuant to this
section must be implemented within three years of the grant of the
channel sharing construction permit.
(f) Channel sharing agreements (CSAs). (1) CSAs 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) Allocation of bandwidth within the shared channel;
(iii) 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
(iv) Transfer/assignment of a shared license, including the ability
of a new licensee to assume the existing CSA; and
(v) Termination of the license of a party to the CSA, including
reversion of spectrum usage rights to the remaining parties to the CSA.
(2) CSAs must include provisions:
(i) Affirming compliance with the channel sharing requirements in
this section and all relevant Commission rules and policies; and
(ii) 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 program stream at all times.
(g) Termination and assignment/transfer of shared channel. (1) 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 (f)(1)(v) 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 for license
to change its status to non-shared.
(2) If the rights under a CSA are transferred or assigned, the
assignee or the transferee must comply with the terms of the CSA in
accordance with paragraph (f)(1)(iv) of this section. If the transferee
or assignee and the licensees of the remaining channel sharing station
or stations agree to amend the terms of the existing CSA, the agreement
may be amended, subject to Commission approval.
(h) 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) Should any of the information in paragraph (h)(2) of this
section change, an amended notification must be sent.
(4) Sharee stations must provide notice as required by this section
at least 90 days prior to terminating operations on the sharee's
channel. Sharer stations and sharee stations must provide notice as
required by this section at least 90 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).
(5) 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
4. Section 73.6028 is added to subpart J to read as follows:
Sec. 73.6028 Class A television channel sharing outside the incentive
auction.
(a) Eligibility. Subject to the provisions of this section, Class A
television stations may voluntarily seek Commission approval to share a
single six megahertz channel with other Class A, full power, low power,
or TV translator television stations.
(b) Licensing of channel sharing stations. (1) 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.
(2) A station relinquishing its channel must file an application
for a construction permit, include a copy of the Channel Sharing
Agreement (CSA) as an exhibit, and cross reference the other sharing
station(s). Any engineering changes necessitated by the CSA 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.
(c) Channel sharing between Class A television stations and full
power, low power television, and TV translator stations. (1) A Class A
television sharee station (defined as a station relinquishing a channel
in order to share) that is a party to a CSA with a full power
television sharer station (defined as the station hosting a sharee
pursuant to a CSA) must comply with the rules of this part governing
power levels and interference, and must comply in all other respects
with the rules and policies applicable to Class A television stations,
as set forth in Sec. Sec. 73.6000 through 73.6027.
(2) A Class A television sharee station that is a party to a CSA
with a low power television or TV translator sharer station must comply
with the rules of part 74 of this chapter governing power levels and
interference that are applicable to low power television or TV
translator stations, and must comply in all other respects with the
rules and policies applicable to Class A television stations, as set
forth in Sec. Sec. 73.6000 through 73.6027.
(d) Deadline for implementing CSAs. CSAs submitted pursuant to this
section must be implemented within three years of the grant of the
initial channel sharing construction permit.
(e) Channel sharing agreements (CSAs). (1) CSAs 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) Allocation of bandwidth within the shared channel;
(iii) Operation, maintenance, repair, and modification of
facilities, including
[[Page 18251]]
a list of all relevant equipment, a description of each party's
financial obligations, and any relevant notice provisions;
(iv) Transfer/assignment of a shared license, including the ability
of a new licensee to assume the existing CSA; and
(v) Termination of the license of a party to the CSA, including
reversion of spectrum usage rights to the remaining parties to the CSA.
(2) CSAs must include provisions:
(i) Affirming compliance with the channel sharing requirements in
this section and all relevant Commission rules and policies; and
(ii) 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 program stream at all times.
(f) Termination and assignment/transfer of shared channel. (1) 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 (e)(1)(v) 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 for license
to change its status to non-shared.
(2) If the rights under a CSA are transferred or assigned, the
assignee or the transferee must comply with the terms of the CSA in
accordance with paragraph (e)(1)(iv) of this section. If the transferee
or assignee and the licensees of the remaining channel sharing station
or stations agree to amend the terms of the existing CSA, the agreement
may be amended, subject to Commission approval.
(g) Notice to cable systems. (1) Stations participating in channel
sharing agreements must provide notice to cable systems 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) Should any of the information in paragraph (g)(2) of this
section change, an amended notification must be sent.
(4) Sharee stations must provide notice as required by this section
at least 90 days prior to terminating operations on the sharee's
channel. Sharer stations and sharee stations must provide notice as
required by this section at least 90 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 cable systems informing
them of the new anticipated date(s).
(5) 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.
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
5. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.
0
6. Section 74.800 is redesignated as Sec. 74.799, and amended by
revising paragraph (a)(1) and adding paragraphs (g) and (h) to read as
follows:
Sec. 74.799 Low power television and TV translator channel sharing.
(a) * * *
(1) Subject to the provisions of this section, low power television
and TV translator stations may voluntarily seek Commission approval to
share a single six megahertz channel with other low power television
and TV translator stations, Class A television stations, and full power
television stations.
* * * * *
(g) Channel sharing between low power television or TV translator
stations and Class A television stations or full power television
stations. (1) A low power television or TV translator sharee station
(defined as a station relinquishing a channel in order to share) that
is a party to a CSA with a full power television sharer station
(defined as the station hosting a sharee pursuant to a CSA) must comply
with the rules of part 73 of this chapter governing power levels and
interference, and must comply in all other respects with the rules and
policies applicable to low power television or TV translator stations
set forth in this part.
(2) A low power television or TV translator sharee station that is
a party to a CSA with a Class A television sharer station must comply
with the rules governing power levels and interference that are
applicable to Class A television stations, and must comply in all other
respects with the rules and policies applicable to low power television
or TV translator stations set forth in this part.
(h) Notice to cable systems. (1) Stations participating in channel
sharing agreements must provide notice to cable systems 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) Should any of the information in paragraph (h)(2) of this
section change, an amended notification must be sent.
(4) Sharee stations must provide notice as required by this section
at least 90 days prior to terminating operations on the sharee's
channel. Sharer stations and sharee stations must provide notice as
required by this section at least 90 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 cable systems informing
them of the new anticipated date(s).
(5) 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
[[Page 18252]]
system if the system has provided an email address.
[FR Doc. 2017-07171 Filed 4-17-17; 8:45 am]
BILLING CODE 6712-01-P