Channel Sharing Rules, 37354-37358 [2017-16848]
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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:
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■
§ 79.3 Video description of video
programming.
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*
*
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(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
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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:
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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).
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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