Channel Sharing Rules, 37354-37358 [2017-16848]

Download as PDF 37354 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations the Commission previously sought specific comment on how we might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ VI. Ordering Clauses 1. It is ordered that, pursuant to the Twenty-First Century Communications and Video Accessibility Act of 2010, Public Law 111–260, 124 Stat. 2751, and the authority contained in Section 713 of the Communications Act of 1934, as amended, 47 U.S.C. 613, this Report and Order is hereby adopted. 2. It is further ordered that part 79 of the Commission’s rules, 47 CFR part 79, is amended as set forth herein, and such rule amendments shall be effective September 11, 2017. 3. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 4. It is further ordered that the Commission shall send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 79 Cable television operators, Multichannel video programming distributors (MVPDs), Satellite television service providers. Federal Communications Commission. Marlene H. Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 79 as follows: PART 79—ACCESSIBILITY OF VIDEO PROGRAMMING 1. The authority citation for part 79 continues to read as follows: ■ Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 330, 544a, 613, 617. 2. Amend § 79.3 by revising paragraph (b)(1), removing and reserving paragraph (b)(2), and revising paragraphs (b)(4), (c)(2), and (c)(4) introductory text. The revisions read as follows: mstockstill on DSK30JT082PROD with RULES ■ § 79.3 Video description of video programming. * * * VerDate Sep<11>2014 * * 16:09 Aug 09, 2017 Jkt 241001 (b) * * * (1) Beginning July 1, 2015, commercial television broadcast stations that are affiliated with one of the top four commercial television broadcast networks (ABC, CBS, Fox, and NBC), and that are licensed to a community located in the top 60 DMAs, as determined by The Nielsen Company as of January 1, 2015, must provide 50 hours of video description per calendar quarter, either during prime time or on children’s programming, and, beginning July 1, 2018, 37.5 additional hours of video description per calendar quarter between 6 a.m. and 11:59 p.m. local time, on each programming stream on which they carry one of the top four commercial television broadcast networks. If a station in one of these markets becomes affiliated with one of these networks after July 1, 2015, it must begin compliance with these requirements no later than three months after the affiliation agreement is finalized; * * * * * (4) Multichannel video programming distributor (MVPD) systems that serve 50,000 or more subscribers must provide 50 hours of video description per calendar quarter during prime time or children’s programming, and, beginning July 1, 2018, 37.5 additional hours of video description per calendar quarter between 6 a.m. and 11:59 p.m. local time, on each channel on which they carry one of the top five national nonbroadcast networks, as defined by an average of the national audience share during prime time of nonbroadcast networks that reach 50 percent or more of MVPD households and have at least 50 hours per quarter of prime time programming that is not live or near-live or otherwise exempt under these rules. Initially, the top five networks are those determined by The Nielsen Company, for the time period October 2009–September 2010, and will update at three year intervals. The first update will be July 1, 2015, based on the ratings for the time period October 2013–September 2014; the second will be July 1, 2018, based on the ratings for the time period October 2016– September 2017; and so on; and * * * * * (c) * * * (2) In order to meet its quarterly requirement, a broadcaster or MVPD may count each program it airs with video description no more than a total of two times on each channel on which it airs the program. A broadcaster or MVPD may count the second airing in the same or any one subsequent quarter. A broadcaster may only count programs PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 aired on its primary broadcasting stream towards its quarterly requirement. A broadcaster carrying one of the top four commercial television broadcast networks on a secondary stream may count programs aired on that stream toward its quarterly requirement for that network only. * * * * * (4) Once an MVPD as defined under paragraph (b)(4) of this section: * * * * * [FR Doc. 2017–15526 Filed 8–9–17; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSIONS 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; announcement of effective date. AGENCY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collections associated with the Commission’s decision, in Report and Order, Channel Sharing by Full Power and Class A Stations Outside of the Broadcast Television Spectrum Incentive Auction Context. Specifically, OMB has approved the Commission’s rules that require that sharing stations: file applications for construction permit and license to implement their channel sharing arrangement (CSA); that they include a copy of their CSA with their construction permit application; and that they provide notice of their CSA to multichannel video programming distributors (MVPDs). OMB also approved changes to the Commission’s Form 2100 Schedules A, B, C, D, E and F to implement these changes. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of these rule changes. DATES: The final rules regarding 47 CFR 73.3800, 73.6028, 74.799 and FCC Form 2100, Schedules A, B, C, D, E and F published at 82 FR 18240 on April 18, 2017, are effective August 10, 2017. FOR FURTHER INFORMATION CONTACT: For additional information contact Cathy SUMMARY: E:\FR\FM\10AUR1.SGM 10AUR1 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations Williams, Cathy.Williams@fcc.gov, (202) 418–2918. SUPPLEMENTARY INFORMATION: This document announces that OMB approved the information collection requirements contained in the Commission’s Report and Order, FCC 17–29, published at 82 FR 18240, April 18, 2017. The OMB Control Numbers are 3060–0016, 3060–0017, 3060–0027, 3060–0837, 3060–0928, 3060–0932, 3060–1176, and 3060–1177. The Commission publishes this notice as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1–C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Numbers, 3060–0016, 3060–0017, 3060– 0027, 3060–0837, 3060–0928, 3060– 0932, 3060–1176, and 3060–1177 in your correspondence. The Commission will also accept your comments via the Internet if you send them to PRA@ fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). mstockstill on DSK30JT082PROD with RULES Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received OMB approval for the modified collection requirements contained in the Commission’s rules at 47 CFR 73.3800, 73.6028, and 74.799 and in OMB Control Numbers 3060– 0016, 3060–0017, 3060–0027, 3060– 0837, 3060–0928, 3060–0932, 3060– 1176, and 3060–1177. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Numbers are 3060–0016, 3060– 0017, 3060–0027, 3060–0837, 3060– 0928, 3060–0932, 3060–1176, and 3060– 1177. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. VerDate Sep<11>2014 16:09 Aug 09, 2017 Jkt 241001 The total annual reporting burdens and costs for the respondents are as follows: OMB Control No.: 3060–0016. OMB Approval Date: July 25, 2017. OMB Expiration Date: July 31, 2020. Title: FCC Form 2100, Application for Media Bureau Audio and Video Service Authorization, Schedule C (Former FCC Form 346); Sections 74.793(d) and 74.787, Low Power Television (LPTV) Out-of-Core Digital Displacement Application; Section 73.3700(g)(1)–(3), Post-Incentive Auction Licensing and Operations; Section 74.799, Low Power Television and TV Translator Channel Sharing. Form No.: FCC Form 2100, Schedule C. Respondents: Business or other forprofit entities; Not for profit institutions; State, local or Tribal government. Number of Respondents and Responses: 4,460 respondents and 4,460 responses. Estimated Time per Response: 2.5–7 hours (total of 9.5 hours). Frequency of Response: One-time reporting requirement; on occasion reporting requirement; third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Section 154(i), 303, 307, 308 and 309 of the Communications Act of 1934, as amended. Total Annual Burden: 42,370 hours. Annual Cost Burden: $24,744,080. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: FCC Form 2100, Schedule C is used by licensees/ permittees/applicants when applying for authority to construct or make changes in a Low Power Television, TV Translator or TV Booster broadcast station. The Commission submitted this information collection to OMB for approval which resulted from the rule provisions adopted in the FCC 17–29. On March 23, 2017, the Commission adopted a Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB Docket No. 15– 137, FCC 17–29 (‘‘Report and Order’’). This document approved channel sharing outside of the incentive auction context between full power, Class A, Low Power Television (LPTV) and TV translator stations. Although there are no changes to the FCC Form 2100, Schedule C itself, there PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 37355 are changes to the substance, burden hours, and costs as described herein. The information collection requirements contained in 47 section 74.799 (previously 74.800) permits LPTV and TV translator stations to seek approval to share a single television channel with other LPTV and TV translator stations and with full power and Class A stations. Stations interested in terminating operations and sharing another station’s channel must submit FCC Form 2100 Schedule C in order to have the channel sharing arrangement approved. If the sharing station is proposing to make changes to its facility to accommodate the channel sharing, it must also file FCC Form 2100 Schedule C. OMB Control Number: 3060–0017. OMB Approval Date: July 26, 2017. OMB Expiration Date: July 31, 2020. Title: Application for Media Bureau Audio and Video Service Authorization, FCC 2100, Schedule D. Form Number: FCC Form 2100, Schedule D. Respondents: Business or other for profit entities; Not for profit institutions; State, local or Tribal government. Number of Respondents/Responses: 570 respondents; 570 responses. Estimated Hours per Response: 1.5 hours per response. Frequency of Response: One time reporting requirement; On occasion reporting requirement. Total Annual Burden: 855 hours. Total Annual Cost: $68,400. Obligation to Respond: Required to obtain benefits. The statutory authority for this information collection is contained in sections 154(i), 301, 303, 307, 308 and 309 of the Communications Act of 1934, as amended. Nature and Extend of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Act Assessment: No impact(s). Needs and Uses: Applicants/ licensees/permittees are required to file FCC Form 2100, Schedule D when applying for a Low Power Television, TV Translator or TV Booster Station License. The Commission submitted this information collection to OMB for approval which resulted from the rule provisions adopted in the FCC 17–29. On March 23, 2017, the Commission adopted the Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB Docket No. 15– 137, FCC 17–29 (‘‘Report and Order’’). This document approved channel E:\FR\FM\10AUR1.SGM 10AUR1 mstockstill on DSK30JT082PROD with RULES 37356 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations sharing outside of the incentive auction context between full power, Class A, Low Power Television (LPTV) and TV translator stations. Although there are no changes to the FCC Form 2100, Schedule D itself, there are changes to the substance, burden hours, and costs as described herein. The information collection requirements contained in 47 section 74.799 (previously 74.800) permits LPTV and TV translator stations to seek approval to share a single television channel with other LPTV and TV translator stations and with full power and Class A stations. Stations interested in terminating operations and sharing another station’s channel must submit FCC Form 2100 Schedule D in order to complete the licensing of their channel sharing arrangement. OMB Control No.: 3060–0027. OMB Approval Date: July 26, 2017. OMB Expiration Date: July 31, 2020. Title: Application for Construction Permit for Commercial Broadcast Station, FCC Form 301; FCC Form 2100, Application for Media Bureau Audio and Video Service Authorization, Schedule A; 47 CFR 73.3700(b)(1) and (2) and 73.3800, Post Auction Licensing. Form No.: FCC Form 2100, Schedule A. Respondents: Business or other forprofit entities; Not for profit institutions; State, local or Tribal Government. Number of Respondents and Responses: 3,090 respondents and 6,526 responses. Estimated Time per Response: 1–6.25 hours. Frequency of Response: One-time reporting requirement; On occasion reporting requirement; Third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 154(i), 303 and 308 of the Communications Act of 1934, as amended. Total Annual Burden: 15,317 hours. Annual Cost Burden: $62,444,288. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: The Commission submitted this information collection to OMB for approval which resulted from the rule provisions adopted in the FCC 17–29. On March 23, 2017, the Commission adopted the Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB VerDate Sep<11>2014 16:09 Aug 09, 2017 Jkt 241001 Docket No. 15–137, FCC 17–29 (‘‘Report and Order’’). This document approved channel sharing outside of the incentive auction context between full power, Class A, Low Power Television (LPTV) and TV translator stations. Although there are no changes to the FCC Form 2100, Schedule A itself, there are changes to the substance, burden hours, and costs as described herein. The information collection requirements contained in 47 CFR 73.3800 allows full power television stations to channel share with other full power stations, Class A, LPTV and TV translator stations outside of the incentive auction context. Full power stations file FCC Form 2100, Schedule A in order to obtain Commission approval to operate on a shared channel. OMB Control No.: 3060–0837. OMB Approval Date: July 26, 2017. OMB Expiration Date: July 31, 2020. Title: FCC Form 2100, Application for Media Bureau Audio and Video Service Authorization, Schedule B (Former FCC Form 302–DTV), Section 73.3700(b)(3) and Section 73.3700(h)(2). Form No.: FCC Form 2100, Schedule B. Respondents: Business or other forprofit entities; Not for profit institutions. Number of Respondents and Responses: 975 respondents and 975 responses. Estimated Time per Response: 2 hours. Frequency of Response: One-time reporting requirement and on occasion reporting requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 154(i), 307, 308, 309, and 319 of the Communications Act of 1934, as amended; the Community Broadcasters Protection Act of 1999, Public Law 106–113, 113 Stat. Appendix I at pp. 1501A–594–1501A– 598 (1999) (codified at 47 U.S.C. 336(f)); and the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112– 96, 6402 (codified at 47 U.S.C. 309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012) (Spectrum Act). Total Annual Burden: 1,950 hours. Annual Cost Burden: $585,945. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: FCC Form 2100, Schedule B (formerly FCC Form 302– DTV) is used by licensees and permittees of full power broadcast stations to obtain a new or modified station license and/or to notify the PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 Commission of certain changes in the licensed facilities of those stations. It may be used: (1) To cover an authorized construction permit (or auxiliary antenna), provided that the facilities have been constructed in compliance with the provisions and conditions specified on the construction permit; or (2) To implement modifications to existing licenses as permitted by 47 CFR 73.1675(c) or 73.1690(c). The Commission submitted this information collection to OMB for approval which resulted from the rule provisions adopted in the FCC 17–29. On March 23, 2017, the Commission adopted the Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB Docket No. 15– 137, FCC 17–29 (‘‘Report and Order’’). This document approved channel sharing outside of the incentive auction context between full power, Class A, (Low Power Television) LPTV and TV translator stations. Although there are no changes to the FCC Form 2100, Schedule B itself, there are changes to the substance, burden hours, and costs as described herein. The information collection requirements contained in 47 CFR 73.3800 allows full power television stations to channel share with other full power stations, Class A, LPTV and TV translator stations outside of the incentive auction context. Full power stations file FCC Form 2100, Schedule B in order to complete the licensing of their shared channel. OMB Control No.: 3060–0928. OMB Approval Date: July 27, 2017. OMB Expiration Date: July 31, 2020. Title: FCC Form 2100, Application for Media Bureau Audio and Video Service Authorization, Schedule F (Formerly FCC 302–CA); 47 CFR 73.6028. Form No.: FCC Form 2100, Schedule F. Respondents: Business or other forprofit entities; Not for profit institutions; State, local or Tribal Government. Number of Respondents and Responses: 975 respondents and 975 responses. Estimated Time per Response: 2 hours. Frequency of Response: One-time reporting requirement and on occasion reporting requirement. Total Annual Burden: 1,950 hours. Annual Cost Burden: $307,125. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. E:\FR\FM\10AUR1.SGM 10AUR1 mstockstill on DSK30JT082PROD with RULES Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations Needs and Uses: The FCC Form 2100, Schedule F is used by Low Power TV (LPTV) stations that seek to convert to Class A status; existing Class A stations seeking a license to cover their authorized construction permit facilities; and Class A stations entering into a channel sharing agreement. The FCC Form 2100, Schedule F requires a series of certifications by the Class A applicant as prescribed by the Community Broadcasters Protection Act of 1999 (CBPA). Licensees will be required to provide weekly announcements to their listeners: (1) Informing them that the applicant has applied for a Class A license and (2) announcing the public’s opportunity to comment on the application prior to Commission action. The Commission submitted this information collection to OMB for approval which resulted from the provisions adopted in the FCC 17–29. On March 23, 2017, the Commission adopted the Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB Docket No. 15– 137, FCC 17–29 (‘‘Report and Order’’). This document approved channel sharing outside of the incentive auction context between full power, Class A, LPTV and TV translator stations. Although there are no changes to the FCC Form 2100, Schedule F itself, there are changes to the substance, burden hours, and costs as described herein. The information collection requirements contained in 47 CFR 73.6028 permits Class A stations to seek approval to share a single television channel with LPTV, TV translator, full power and Class A television stations. Class A stations interested in terminating operations and sharing another station’s channel must submit FCC Form 2100 Schedule F in order to complete the licensing of their channel sharing arrangement. OMB Control No.: 3060–0932. OMB Approval Date: July 27, 2017. OMB Expiration Date: July 31, 2020. Title: FCC Form 2100, Application for Media Bureau Audio and Video Service Authorization, Schedule E (Former FCC Form 301–CA); 47 CFR 73.3700(b)(1)(i)– (v) and (vii), (b)(2)(i) and (ii); 47 CFR Section 74.793(d). Form No.: FCC Form 2100, Schedule E (Application for Media Bureau Audio and Video Service Authorization) (Former FCC Form 301–CA). Respondents: Business or other forprofit entities; Not for profit institutions; State, Local or Tribal Government. VerDate Sep<11>2014 16:09 Aug 09, 2017 Jkt 241001 Number of Respondents and Responses: 745 respondents and 745 responses. Estimated Time per Response: 2.25 hours–6 hours (for a total of 8.25 hours). Frequency of Response: One-time reporting requirement; On occasion reporting requirement; Third party disclosure requirement; Recordkeeping requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in 47 U.S.C. 151, 154(i), 157 and 309(j) as amended; Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112–96, 6402 (codified at 47 U.S.C. 309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012) (Spectrum Act) and the Community Broadcasters Protection Act of 1999. Total Annual Burden: 6,146 hours. Annual Cost Burden: $4,035,550. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: FCC Form 2100, Schedule E (formerly FCC Form 301– CA) is to be used in all cases by a Class A television station licensees seeking to make changes in the authorized facilities of such station. FCC Form 2100, Schedule E requires applicants to certify compliance with certain statutory and regulatory requirements. Detailed instructions on the FCC Form 2100, Schedule E provide additional information regarding Commission rules and policies. FCC Form 2100, Schedule E is presented primarily in a ‘‘Yes/No’’ certification format. However, it contains appropriate places for submitting explanations and exhibits where necessary or appropriate. Each certification constitutes a material representation. Applicants may only mark the ‘‘Yes’’ certification when they are certain that the response is correct. A ‘‘No’’ response is required if the applicant is requesting a waiver of a pertinent rule and/or policy, or where the applicant is uncertain that the application fully satisfies the pertinent rule and/or policy. FCC Form 2100, Schedule E filings made to implement post-auction channel changes will be considered minor change applications. Class A applications for a major change are subject to third party disclosure requirement of Section 73.3580 which requires local public notice in a newspaper of general circulation of the filing of all applications for major changes in facilities. This notice must be completed within 30 days of the tendering of the application. This notice must be PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 37357 published at least twice a week for two consecutive weeks in a three-week period. A copy of this notice must be placed in the public inspection file along with the application. 47 CFR 74.793(d) requires that digital low power and TV translator stations shall be required to submit information as to vertical radiation patterns as part of their applications (FCC Forms 346 and 301–CA) for new or modified construction permits. The Commission submitted this information collection to OMB for approval which resulted from the rule provisions adopted in the FCC 17–29. On March 23, 2017, the Commission adopted the Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB Docket No. 15– 137, FCC 17–29 (‘‘Report and Order’’). This document approved channel sharing outside of the incentive auction context between full power, Class A, LPTV and TV translator stations. Although there are no changes to the FCC Form 2100, Schedule E itself, there are changes to the substance, burden hours, and costs as described herein. The information collection requirements contained in 47 CFR 73.6028 permits Class A stations to seek approval to share a single television channel with Low Power Television (LPTV), TV translator, full power and Class A television stations. Class A stations interested in terminating operations and sharing another station’s channel must submit FCC Form 2100 Schedule E in order to obtain Commission approval for their channel sharing arrangement. OMB Control Number: 3060–1176. OMB Approval Date: July 31, 2017. OMB Expiration Date: July 31, 2020. Title: MVPD Notice, Section 73.3700. Form Number: Not applicable. Respondents: Business or other for profit entities; Not for profit institutions; State, local or Tribal government. Number of Respondents and Responses: 735 respondents; 735 responses. Estimated Hours per Response: 1–2 hours. Frequency of Response: One time reporting requirement; Third party disclosure requirement. Total Annual Burden: 1,397 hours. Total Annual Cost: $43,800. Obligation to Respond: Required to obtain benefits. The statutory authority for this information collection is contained in sections 1, 4(i) and (j), 7, 154(i), 301, 302, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325, 336 and 337 of E:\FR\FM\10AUR1.SGM 10AUR1 mstockstill on DSK30JT082PROD with RULES 37358 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Act Assessment: No impact(s). which adopted rules for holding an Incentive Auction. Full power and Class A stations will be reassigned to a new channel via the repacking following the auction. Other stations will submit winning bids to relinquish their channels, enter into channel sharing agreements (and move to the channel of the station they are sharing with); or to move from high-VHF to low-VHF channels or from UHF to high-VHF or low-VHF. Each of these stations are required to notify multichannel video programming providers (‘‘MVPD’’) that carry the station of the fact that the station will be changing channels or terminating operations. The information collection requirements contained in 47 CFR 73.3700 requires that full power and Class A television stations assigned a new channel in the incentive auction repacking, relinquishing their channel or moving to a new channel as a result of a winning bid in the auction, notify MVPDs of their termination of operations or change in channel. On March 23, 2017, the Commission adopted the Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB Docket No. 15– 137, FCC 17–29 (‘‘Report and Order’’). This document approved channel sharing outside of the incentive auction context between full power, Class A, Low Power Television (LPTV) and TV translator stations. Channel sharing stations also must notify MVPDs of the fact that stations will be terminating operations on one channel to share another station’s channel. The information collection requirements contained in 47 CFR 73.3800, Full Power Television Channel Sharing Outside the Incentive Auction, Section 73.6028 Class A Television Channel Sharing Outside the Incentive Auction and Section 74.799 Low Power Television and TV Translator Channel Sharing require that stations seeking to channel share outside of the incentive auction provide notification to MVPDs of the fact that the station will be terminating operations on one channel to share another station’s channel. OMB Control No.: 3060–1177. OMB Approval Date: July 31, 2017. OMB Expiration Date: July 31, 2020. VerDate Sep<11>2014 16:09 Aug 09, 2017 Jkt 241001 Title: 47 CFR 74.800 (redesignated 47 CFR 74.799), Channel Sharing Agreement (CSA). Form Number: Not applicable. Respondents: Business or other for profit entities; Not for profit institutions; State, local or Tribal government. Number of Respondents and Responses: 160 respondents; 160 responses. Estimated Hours per Response: 1 hr. Frequency of Response: One time reporting requirement. Total Annual Burden: 160 hours. Total Annual Cost: $86,400. Obligation to Respond: Required to obtain benefits. The statutory authority for this information collection is contained in sections 1, 4(i) and (j), 7, 154(i), 301, 302, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325, 336 and 337 of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Act Assessment: No impact(s). Needs and Uses: Full power and Class A television stations that agree to share a single television channel in conjunction with the incentive auction and low power television (LPTV) and TV translator stations that channel share outside of the auction context are required to reduce their agreement (CSA) to writing and submit a copy to the Commission for review. There is no specified format for the CSA but it must contain provisions covering: a. Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; b. Allocation of bandwidth within the shared channel; c. 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; d. Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; e. Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA and f. A provision affirming compliance with the channel sharing requirements in the rules including a provision requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition (SD) program stream at all times. The Commission submitted this information collection to OMB for approval which resulted from the rule PO 00000 Frm 00064 Fmt 4700 Sfmt 9990 provisions adopted in the FCC 14–50 and FCC 17–29. On June 2, 2014 the Commission released a rulemaking titled ‘‘Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions,’’ GN Docket 12–268, Report and Order, FCC 14–50, 29 FCC Rcd 6567 (2014) which adopted rules for holding an Incentive Auction. Full power and Class A stations are permitted to propose to relinquish their channels in the auction and to share the channel of another station. The information collection requirements contain in 47 CFR 73.3700 requires that full power and Class A television stations seeking approval to channel share in the incentive auction provide the Commission with a copy of their CSA for review. On March 23, 2017, the Commission adopted the Report and Order, Channel Sharing by Full Power and Class A Stations Outside the Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 12–268, MB Docket No. 03–185, MB Docket No. 15– 137, FCC 17–29 (‘‘Report and Order’’). This document approved channel sharing outside of the incentive auction context between full power, Class A, Low Power Television (LPTV) and TV translator stations. The information collection requirements contained in 47 CFR 73.3800, Full Power Television Channel Sharing Outside the Incentive Auction, Section 73.6028, Class A Television Channel Sharing Outside the Incentive Auction and Section 73.799, Low Power Television and TV Translator Channel Sharing require that stations seeking to channel share outside of the incentive auction provide a copy of their ‘‘CSA’’ to the Commission for review. Federal Communications Commission. Marlene H. Dortch, Secretary. Office of the Secretary. [FR Doc. 2017–16848 Filed 8–9–17; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\10AUR1.SGM 10AUR1

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[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37354-37358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16848]


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FEDERAL COMMUNICATIONS COMMISSIONS

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; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, the information collections 
associated with the Commission's decision, in Report and Order, Channel 
Sharing by Full Power and Class A Stations Outside of the Broadcast 
Television Spectrum Incentive Auction Context. Specifically, OMB has 
approved the Commission's rules that require that sharing stations: 
file applications for construction permit and license to implement 
their channel sharing arrangement (CSA); that they include a copy of 
their CSA with their construction permit application; and that they 
provide notice of their CSA to multichannel video programming 
distributors (MVPDs). OMB also approved changes to the Commission's 
Form 2100 Schedules A, B, C, D, E and F to implement these changes. 
This document is consistent with the Report and Order, which stated 
that the Commission would publish a document in the Federal Register 
announcing OMB approval and the effective date of these rule changes.

DATES: The final rules regarding 47 CFR 73.3800, 73.6028, 74.799 and 
FCC Form 2100, Schedules A, B, C, D, E and F published at 82 FR 18240 
on April 18, 2017, are effective August 10, 2017.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Cathy

[[Page 37355]]

Williams, Cathy.Williams@fcc.gov, (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirements contained in the Commission's 
Report and Order, FCC 17-29, published at 82 FR 18240, April 18, 2017. 
The OMB Control Numbers are 3060-0016, 3060-0017, 3060-0027, 3060-0837, 
3060-0928, 3060-0932, 3060-1176, and 3060-1177. The Commission 
publishes this notice as an announcement of the effective date of the 
rules. If you have any comments on the burden estimates listed below, 
or how the Commission can improve the collections and reduce any 
burdens caused thereby, please contact Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street SW., 
Washington, DC 20554. Please include the OMB Control Numbers, 3060-
0016, 3060-0017, 3060-0027, 3060-0837, 3060-0928, 3060-0932, 3060-1176, 
and 3060-1177 in your correspondence. The Commission will also accept 
your comments via the Internet if you send them to PRA@fcc.gov.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval for the modified collection requirements contained in the 
Commission's rules at 47 CFR 73.3800, 73.6028, and 74.799 and in OMB 
Control Numbers 3060-0016, 3060-0017, 3060-0027, 3060-0837, 3060-0928, 
3060-0932, 3060-1176, and 3060-1177. Under 5 CFR 1320, an agency may 
not conduct or sponsor a collection of information unless it displays a 
current, valid OMB Control Number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the Paperwork Reduction Act that does not display a current, valid 
OMB Control Number. The OMB Control Numbers are 3060-0016, 3060-0017, 
3060-0027, 3060-0837, 3060-0928, 3060-0932, 3060-1176, and 3060-1177.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control No.: 3060-0016.
    OMB Approval Date: July 25, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule C (Former FCC Form 346); Sections 
74.793(d) and 74.787, Low Power Television (LPTV) Out-of-Core Digital 
Displacement Application; Section 73.3700(g)(1)-(3), Post-Incentive 
Auction Licensing and Operations; Section 74.799, Low Power Television 
and TV Translator Channel Sharing.
    Form No.: FCC Form 2100, Schedule C.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 4,460 respondents and 4,460 
responses.
    Estimated Time per Response: 2.5-7 hours (total of 9.5 hours).
    Frequency of Response: One-time reporting requirement; on occasion 
reporting requirement; third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 154(i), 
303, 307, 308 and 309 of the Communications Act of 1934, as amended.
    Total Annual Burden: 42,370 hours.
    Annual Cost Burden: $24,744,080.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: FCC Form 2100, Schedule C is used by licensees/
permittees/applicants when applying for authority to construct or make 
changes in a Low Power Television, TV Translator or TV Booster 
broadcast station.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted a Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, Low Power 
Television (LPTV) and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule C 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 section 
74.799 (previously 74.800) permits LPTV and TV translator stations to 
seek approval to share a single television channel with other LPTV and 
TV translator stations and with full power and Class A stations. 
Stations interested in terminating operations and sharing another 
station's channel must submit FCC Form 2100 Schedule C in order to have 
the channel sharing arrangement approved. If the sharing station is 
proposing to make changes to its facility to accommodate the channel 
sharing, it must also file FCC Form 2100 Schedule C.
    OMB Control Number: 3060-0017.
    OMB Approval Date: July 26, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: Application for Media Bureau Audio and Video Service 
Authorization, FCC 2100, Schedule D.
    Form Number: FCC Form 2100, Schedule D.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents/Responses: 570 respondents; 570 responses.
    Estimated Hours per Response: 1.5 hours per response.
    Frequency of Response: One time reporting requirement; On occasion 
reporting requirement.
    Total Annual Burden: 855 hours.
    Total Annual Cost: $68,400.
    Obligation to Respond: Required to obtain benefits. The statutory 
authority for this information collection is contained in sections 
154(i), 301, 303, 307, 308 and 309 of the Communications Act of 1934, 
as amended.
    Nature and Extend of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: Applicants/licensees/permittees are required to 
file FCC Form 2100, Schedule D when applying for a Low Power 
Television, TV Translator or TV Booster Station License.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel

[[Page 37356]]

sharing outside of the incentive auction context between full power, 
Class A, Low Power Television (LPTV) and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule D 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 section 
74.799 (previously 74.800) permits LPTV and TV translator stations to 
seek approval to share a single television channel with other LPTV and 
TV translator stations and with full power and Class A stations. 
Stations interested in terminating operations and sharing another 
station's channel must submit FCC Form 2100 Schedule D in order to 
complete the licensing of their channel sharing arrangement.
    OMB Control No.: 3060-0027.
    OMB Approval Date: July 26, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301; FCC Form 2100, Application for Media Bureau 
Audio and Video Service Authorization, Schedule A; 47 CFR 73.3700(b)(1) 
and (2) and 73.3800, Post Auction Licensing.
    Form No.: FCC Form 2100, Schedule A.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal Government.
    Number of Respondents and Responses: 3,090 respondents and 6,526 
responses.
    Estimated Time per Response: 1-6.25 hours.
    Frequency of Response: One-time reporting requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 
154(i), 303 and 308 of the Communications Act of 1934, as amended.
    Total Annual Burden: 15,317 hours.
    Annual Cost Burden: $62,444,288.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The Commission submitted this information 
collection to OMB for approval which resulted from the rule provisions 
adopted in the FCC 17-29. On March 23, 2017, the Commission adopted the 
Report and Order, Channel Sharing by Full Power and Class A Stations 
Outside the Broadcast Television Spectrum Incentive Auction Context, GN 
Docket No. 12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-
29 (``Report and Order''). This document approved channel sharing 
outside of the incentive auction context between full power, Class A, 
Low Power Television (LPTV) and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule A 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.3800 
allows full power television stations to channel share with other full 
power stations, Class A, LPTV and TV translator stations outside of the 
incentive auction context. Full power stations file FCC Form 2100, 
Schedule A in order to obtain Commission approval to operate on a 
shared channel.
    OMB Control No.: 3060-0837.
    OMB Approval Date: July 26, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule B (Former FCC Form 302-DTV), Section 
73.3700(b)(3) and Section 73.3700(h)(2).
    Form No.: FCC Form 2100, Schedule B.
    Respondents: Business or other for-profit entities; Not for profit 
institutions.
    Number of Respondents and Responses: 975 respondents and 975 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement and on 
occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 
154(i), 307, 308, 309, and 319 of the Communications Act of 1934, as 
amended; the Community Broadcasters Protection Act of 1999, Public Law 
106-113, 113 Stat. Appendix I at pp. 1501A-594-1501A-598 (1999) 
(codified at 47 U.S.C. 336(f)); and the Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, 6402 (codified at 47 U.S.C. 
309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012) 
(Spectrum Act).
    Total Annual Burden: 1,950 hours.
    Annual Cost Burden: $585,945.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: FCC Form 2100, Schedule B (formerly FCC Form 302-
DTV) is used by licensees and permittees of full power broadcast 
stations to obtain a new or modified station license and/or to notify 
the Commission of certain changes in the licensed facilities of those 
stations. It may be used: (1) To cover an authorized construction 
permit (or auxiliary antenna), provided that the facilities have been 
constructed in compliance with the provisions and conditions specified 
on the construction permit; or (2) To implement modifications to 
existing licenses as permitted by 47 CFR 73.1675(c) or 73.1690(c).
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, (Low Power 
Television) LPTV and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule B 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.3800 
allows full power television stations to channel share with other full 
power stations, Class A, LPTV and TV translator stations outside of the 
incentive auction context. Full power stations file FCC Form 2100, 
Schedule B in order to complete the licensing of their shared channel.
    OMB Control No.: 3060-0928.
    OMB Approval Date: July 27, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule F (Formerly FCC 302-CA); 47 CFR 
73.6028.
    Form No.: FCC Form 2100, Schedule F.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal Government.
    Number of Respondents and Responses: 975 respondents and 975 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement and on 
occasion reporting requirement.
    Total Annual Burden: 1,950 hours.
    Annual Cost Burden: $307,125.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.

[[Page 37357]]

    Needs and Uses: The FCC Form 2100, Schedule F is used by Low Power 
TV (LPTV) stations that seek to convert to Class A status; existing 
Class A stations seeking a license to cover their authorized 
construction permit facilities; and Class A stations entering into a 
channel sharing agreement. The FCC Form 2100, Schedule F requires a 
series of certifications by the Class A applicant as prescribed by the 
Community Broadcasters Protection Act of 1999 (CBPA). Licensees will be 
required to provide weekly announcements to their listeners: (1) 
Informing them that the applicant has applied for a Class A license and 
(2) announcing the public's opportunity to comment on the application 
prior to Commission action.
    The Commission submitted this information collection to OMB for 
approval which resulted from the provisions adopted in the FCC 17-29. 
On March 23, 2017, the Commission adopted the Report and Order, Channel 
Sharing by Full Power and Class A Stations Outside the Broadcast 
Television Spectrum Incentive Auction Context, GN Docket No. 12-268, MB 
Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report and 
Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, LPTV and TV 
translator stations.
    Although there are no changes to the FCC Form 2100, Schedule F 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.6028 
permits Class A stations to seek approval to share a single television 
channel with LPTV, TV translator, full power and Class A television 
stations. Class A stations interested in terminating operations and 
sharing another station's channel must submit FCC Form 2100 Schedule F 
in order to complete the licensing of their channel sharing 
arrangement.
    OMB Control No.: 3060-0932.
    OMB Approval Date: July 27, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule E (Former FCC Form 301-CA); 47 CFR 
73.3700(b)(1)(i)-(v) and (vii), (b)(2)(i) and (ii); 47 CFR Section 
74.793(d).
    Form No.: FCC Form 2100, Schedule E (Application for Media Bureau 
Audio and Video Service Authorization) (Former FCC Form 301-CA).
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, Local or Tribal Government.
    Number of Respondents and Responses: 745 respondents and 745 
responses.
    Estimated Time per Response: 2.25 hours-6 hours (for a total of 
8.25 hours).
    Frequency of Response: One-time reporting requirement; On occasion 
reporting requirement; Third party disclosure requirement; 
Recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 151, 
154(i), 157 and 309(j) as amended; Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, 6402 (codified at 47 U.S.C. 
309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012) 
(Spectrum Act) and the Community Broadcasters Protection Act of 1999.
    Total Annual Burden: 6,146 hours.
    Annual Cost Burden: $4,035,550.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: FCC Form 2100, Schedule E (formerly FCC Form 301-
CA) is to be used in all cases by a Class A television station 
licensees seeking to make changes in the authorized facilities of such 
station. FCC Form 2100, Schedule E requires applicants to certify 
compliance with certain statutory and regulatory requirements. Detailed 
instructions on the FCC Form 2100, Schedule E provide additional 
information regarding Commission rules and policies. FCC Form 2100, 
Schedule E is presented primarily in a ``Yes/No'' certification format. 
However, it contains appropriate places for submitting explanations and 
exhibits where necessary or appropriate. Each certification constitutes 
a material representation. Applicants may only mark the ``Yes'' 
certification when they are certain that the response is correct. A 
``No'' response is required if the applicant is requesting a waiver of 
a pertinent rule and/or policy, or where the applicant is uncertain 
that the application fully satisfies the pertinent rule and/or policy. 
FCC Form 2100, Schedule E filings made to implement post-auction 
channel changes will be considered minor change applications.
    Class A applications for a major change are subject to third party 
disclosure requirement of Section 73.3580 which requires local public 
notice in a newspaper of general circulation of the filing of all 
applications for major changes in facilities. This notice must be 
completed within 30 days of the tendering of the application. This 
notice must be published at least twice a week for two consecutive 
weeks in a three-week period. A copy of this notice must be placed in 
the public inspection file along with the application.
    47 CFR 74.793(d) requires that digital low power and TV translator 
stations shall be required to submit information as to vertical 
radiation patterns as part of their applications (FCC Forms 346 and 
301-CA) for new or modified construction permits.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, LPTV and TV 
translator stations.
    Although there are no changes to the FCC Form 2100, Schedule E 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.6028 
permits Class A stations to seek approval to share a single television 
channel with Low Power Television (LPTV), TV translator, full power and 
Class A television stations. Class A stations interested in terminating 
operations and sharing another station's channel must submit FCC Form 
2100 Schedule E in order to obtain Commission approval for their 
channel sharing arrangement.
    OMB Control Number: 3060-1176.
    OMB Approval Date: July 31, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: MVPD Notice, Section 73.3700.
    Form Number: Not applicable.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 735 respondents; 735 
responses.
    Estimated Hours per Response: 1-2 hours.
    Frequency of Response: One time reporting requirement; Third party 
disclosure requirement.
    Total Annual Burden: 1,397 hours.
    Total Annual Cost: $43,800.
    Obligation to Respond: Required to obtain benefits. The statutory 
authority for this information collection is contained in sections 1, 
4(i) and (j), 7, 154(i), 301, 302, 303, 307, 308, 309, 312, 316, 318, 
319, 324, 325, 336 and 337 of

[[Page 37358]]

the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).

which adopted rules for holding an Incentive Auction. Full power and 
Class A stations will be reassigned to a new channel via the repacking 
following the auction. Other stations will submit winning bids to 
relinquish their channels, enter into channel sharing agreements (and 
move to the channel of the station they are sharing with); or to move 
from high-VHF to low-VHF channels or from UHF to high-VHF or low-VHF. 
Each of these stations are required to notify multichannel video 
programming providers (``MVPD'') that carry the station of the fact 
that the station will be changing channels or terminating operations.
    The information collection requirements contained in 47 CFR 73.3700 
requires that full power and Class A television stations assigned a new 
channel in the incentive auction repacking, relinquishing their channel 
or moving to a new channel as a result of a winning bid in the auction, 
notify MVPDs of their termination of operations or change in channel.
    On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, Low Power 
Television (LPTV) and TV translator stations. Channel sharing stations 
also must notify MVPDs of the fact that stations will be terminating 
operations on one channel to share another station's channel.
    The information collection requirements contained in 47 CFR 
73.3800, Full Power Television Channel Sharing Outside the Incentive 
Auction, Section 73.6028 Class A Television Channel Sharing Outside the 
Incentive Auction and Section 74.799 Low Power Television and TV 
Translator Channel Sharing require that stations seeking to channel 
share outside of the incentive auction provide notification to MVPDs of 
the fact that the station will be terminating operations on one channel 
to share another station's channel.
    OMB Control No.: 3060-1177.
    OMB Approval Date: July 31, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: 47 CFR 74.800 (redesignated 47 CFR 74.799), Channel Sharing 
Agreement (CSA).
    Form Number: Not applicable.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 160 respondents; 160 
responses.
    Estimated Hours per Response: 1 hr.
    Frequency of Response: One time reporting requirement.
    Total Annual Burden: 160 hours.
    Total Annual Cost: $86,400.
    Obligation to Respond: Required to obtain benefits. The statutory 
authority for this information collection is contained in sections 1, 
4(i) and (j), 7, 154(i), 301, 302, 303, 307, 308, 309, 312, 316, 318, 
319, 324, 325, 336 and 337 of the Communications Act of 1934, as 
amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: Full power and Class A television stations that 
agree to share a single television channel in conjunction with the 
incentive auction and low power television (LPTV) and TV translator 
stations that channel share outside of the auction context are required 
to reduce their agreement (CSA) to writing and submit a copy to the 
Commission for review. There is no specified format for the CSA but it 
must contain provisions covering: a. Access to facilities, including 
whether each licensee will have unrestrained access to the shared 
transmission facilities; b. Allocation of bandwidth within the shared 
channel; c. 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; d. Transfer/assignment of a shared license, including the 
ability of a new licensee to assume the existing CSA; e. Termination of 
the license of a party to the CSA, including reversion of spectrum 
usage rights to the remaining parties to the CSA and f. A provision 
affirming compliance with the channel sharing requirements in the rules 
including a provision requiring that each channel sharing licensee 
shall retain spectrum usage rights adequate to ensure a sufficient 
amount of the shared channel capacity to allow it to provide at least 
one Standard Definition (SD) program stream at all times.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 14-
50 and FCC 17-29.
    On June 2, 2014 the Commission released a rulemaking titled 
``Expanding the Economic and Innovation Opportunities of Spectrum 
Through Incentive Auctions,'' GN Docket 12-268, Report and Order, FCC 
14-50, 29 FCC Rcd 6567 (2014) which adopted rules for holding an 
Incentive Auction. Full power and Class A stations are permitted to 
propose to relinquish their channels in the auction and to share the 
channel of another station.
    The information collection requirements contain in 47 CFR 73.3700 
requires that full power and Class A television stations seeking 
approval to channel share in the incentive auction provide the 
Commission with a copy of their CSA for review.
    On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, Low Power 
Television (LPTV) and TV translator stations.
    The information collection requirements contained in 47 CFR 
73.3800, Full Power Television Channel Sharing Outside the Incentive 
Auction, Section 73.6028, Class A Television Channel Sharing Outside 
the Incentive Auction and Section 73.799, Low Power Television and TV 
Translator Channel Sharing require that stations seeking to channel 
share outside of the incentive auction provide a copy of their ``CSA'' 
to the Commission for review.

Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2017-16848 Filed 8-9-17; 8:45 am]
 BILLING CODE 6712-01-P
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