Maintenance of Copies of FCC Rules, 13679-13684 [2018-06029]
Download as PDF
amozie on DSK30RV082PROD with RULES
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
effects, distributive impacts, and
equity). A regulatory impact analysis
(RIA) must be prepared for major rules
with economically significant effects
($100 million or more in any 1 year).
This document does not reach the
economic threshold and thus is not
considered a major rule.
The RFA requires agencies to analyze
options for regulatory relief of small
entities. For purposes of the RFA, small
entities include small businesses,
nonprofit organizations, and small
governmental jurisdictions. Most
hospitals and most other providers and
suppliers are small entities, either by
nonprofit status or by having revenues
of less than $7.5 million to $38.5
million in any 1 year. Individuals and
states are not included in the definition
of a small entity. We are not preparing
an analysis for the RFA because we have
determined, and the Secretary certifies,
that this document will not have a
significant economic impact on a
substantial number of small entities.
In addition, section 1102(b) of the Act
requires us to prepare an RIA if a rule
may have a significant impact on the
operations of a substantial number of
small rural hospitals. This analysis must
conform to the provisions of section 604
of the RFA. For purposes of section
1102(b) of the Act, we define a small
rural hospital as a hospital that is
located outside of a Metropolitan
Statistical Area for Medicare payment
regulations and has fewer than 100
beds. We are not preparing an analysis
for section 1102(b) of the Act because
we have determined, and the Secretary
certifies, that this action will not have
a significant impact on the operations of
a substantial number of small rural
hospitals.
Section 202 of the Unfunded
Mandates Reform Act of 1995 also
requires that agencies assess anticipated
costs and benefits before issuing any
rule whose mandates require spending
in any 1 year of $100 million in 1995
dollars, updated annually for inflation.
Currently, that threshold is
approximately $148 million. This action
will have no consequential effect on
state, local, or tribal governments or on
the private sector.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
rule) that imposes substantial direct
requirement costs on state and local
governments, preempts state law, or
otherwise has Federalism implications.
Since this action does not impose any
costs on state or local governments, the
requirements of Executive Order 13132
are not applicable.
VerDate Sep<11>2014
18:02 Mar 29, 2018
Jkt 244001
Executive Order 13771, titled
Reducing Regulation and Controlling
Regulatory Costs, was issued on January
30, 2017 and requires that the costs
associated with significant new
regulations ‘‘shall, to the extent
permitted by law, be offset by the
elimination of existing costs associated
with at least two prior regulations.’’
OMB’s interim guidance, issued on
April 5, 2017, https://
www.whitehouse.gov/sites/
whitehouse.gov/files/omb/memoranda/
2017/M-17-21-OMB.pdf, explains that
for Fiscal Year 2017 the above
requirements only apply to each new
‘‘significant regulatory action that
imposes costs.’’ It has been determined
that this document is not a ‘‘significant
regulatory action’’ and thus does not
trigger the aforementioned requirements
of Executive Order 13771.
In accordance with the provisions of
Executive Order 12866, this document
was reviewed by the Office of
Management and Budget.
Dated: February 28, 2018.
Seema Verma,
Administrator, Centers for Medicare &
Medicaid Services.
[FR Doc. 2018–06552 Filed 3–29–18; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 74, 76, and 78
[MB Docket No. 17–231; FCC 18–16]
Maintenance of Copies of FCC Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) eliminates rules that
require certain broadcast and cable
entities to maintain paper copies of the
Commission’s regulations. As set forth
below, we conclude that eliminating
these requirements, which apply to low
power TV, TV and FM translators, TV
and FM booster stations, cable
television relay station (CARS)
licensees, and certain cable operators,
will advance the Commission’s goal of
reducing outdated regulations and
unnecessary regulatory burdens that can
impede competition and innovation in
media markets.
DATES: Effective March 30, 2018.
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Jonathan
Mark, Jonathan.Mark@fcc.gov, of the
Media Bureau, Policy Division, (202)
SUMMARY:
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
13679
418–3634. Direct press inquiries to
Janice Wise at (202) 418–8165.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order (Order), FCC 18–16, adopted
and released on February 20, 2018. The
full text of this document is available
electronically via the FCC’s Electronic
Document Management System
(EDOCS) website at https://
fjallfoss.fcc.gov/edocs_public/ or via the
FCC’s Electronic Comment Filing
System (ECFS) website at https://
fjallfoss.fcc.gov/ecfs2/. (Documents will
be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.)
This document is also available for
public inspection and copying during
regular business hours in the FCC
Reference Information Center, which is
located in Room CY–A257 at FCC
Headquarters, 445 12th Street SW,
Washington, DC 20554. The Reference
Information Center is open to the public
Monday through Thursday from 8:00
a.m. to 4:30 p.m. and Friday from 8:00
a.m. to 11:30 a.m. The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street SW, Room CY–B402, Washington,
DC 20554. Alternative formats are
available for people with disabilities
(Braille, large print, electronic files,
audio format), by sending an email to
fcc504@fcc.gov or calling the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
I. Report and Order
1. In this Order, we eliminate rules
that require certain broadcast and cable
entities to maintain paper copies of the
Commission’s regulations. As part of
our initiative to modernize our media
regulations, we issued a Notice of
Proposed Rulemaking (NPRM)
proposing to eliminate requirements
that regulatees maintain copies of
certain portions of the Code of Federal
Regulations (CFR). We received
unanimous support for this proposal. As
set forth below, we conclude that
eliminating these requirements, which
apply to low power TV, TV and FM
translators, TV and FM booster stations,
cable television relay station (CARS)
licensees, and certain cable operators,
will advance the Commission’s goal of
reducing outdated regulations and
unnecessary regulatory burdens that can
impede competition and innovation in
media markets.
2. We adopt the proposal to eliminate
the requirement, set forth in § 74.769 of
our rules, that licensees or permittees of
E:\FR\FM\30MRR1.SGM
30MRR1
amozie on DSK30RV082PROD with RULES
13680
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
low power TV, TV translators, and TV
booster stations maintain ‘‘a current
copy of Volume I and Volume III of the
Commission’s rules.’’ We also adopt the
proposal to eliminate the requirement in
§ 74.1269 of our rules that licensees and
permittees of FM translator and FM
booster stations maintain ‘‘a current
copy of Volumes I (parts 0, 1, 2 and 17)
and III (parts 73 and 74) of the
Commission’s rules.’’ As we noted in
the NPRM, the Commission adopted
these requirements more than 40 years
ago as part of its regulation of then
recently established broadcast translator
services. We agree with NAB that,
‘‘given licensees’ ability today to
immediately access FCC rules via the
internet, requiring broadcasters to retain
hard copies of the rules is no longer
necessary.’’ Indeed, the electronic
version of the CFR available on the
internet is often more current than the
printed version, which is published
only once a year. Removing this
requirement also would help small
broadcasters in particular by enabling
them to cut unnecessary costs.
3. Additionally, as proposed in the
NPRM, we eliminate the requirement in
§ 76.1714(a) that cable operators serving
1,000 or more subscribers maintain a
current copy of part 76 of the
Commission’s rules and, if subject to the
Emergency Alert System (EAS) rules
contained in part 11, an EAS Operating
Handbook. As noted in the NPRM, we
recognize the public safety benefits of
keeping the EAS Handbook in close
proximity, but we see no need to
duplicate the requirement in section
11.15—which this order does not
impact—that a copy of the handbook
‘‘be located at normal duty positions or
EAS equipment locations when an
operator is required to be on duty and
be immediately available to staff
responsible for authenticating messages
and initiating actions.’’ We agree with
NCTA that this ‘‘requirement wastes
resources and is unjustified today given
that the materials are readily available
for free to anyone with access to the
internet.’’ Moreover, because the most
up-to-date version of the Commission’s
rules is accessible via the internet, a
requirement to keep a hard copy of part
76 of the Commission’s rules has
outlived its usefulness.
4. We also eliminate from
§§ 76.1714(c) and 78.67 of the
Commission’s rules the requirement that
CARS licensees maintain a current copy
of part 78 of the Commission’s rules
and, in cases where aeronautical
obstruction markings of antennas are
required, a current copy of part 17. The
Commission adopted these rules several
decades ago as part of a comprehensive
VerDate Sep<11>2014
18:02 Mar 29, 2018
Jkt 244001
regulatory framework to govern thennascent cable television service. We
agree with ACA and other commenters
that, because the Commission’s rules are
now easily accessible via the internet,
requirements to keep hard copies of
those rules have outlived their purpose.
5. For these reasons, we find that
these pre-internet era rules requiring
certain broadcast and cable entities to
keep hard copies of Commission rules
are outdated and impose an unnecessary
burden on regulates. As such, we find
that removing them is in the public
interest. At the same time, we note that
our action today does not eliminate the
portions of §§ 74.769, 74.1269, 76.1714,
and 78.67 that obligate the subject
broadcast and cable entities to be
familiar with the rules governing their
respective operations.
II. Procedural Matters
A. Final Paperwork Reduction Act
Analysis
6. This document does not contain
any new or revised information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C. 3501–
3520). In addition, therefore, it does not
contain any new or modified
‘‘information burden for small business
concerns with fewer than 25
employees’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, 44 U.S.C.
3506(c)(4).
B. Congressional Review Act
7. The Commission will send a copy
of this 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).
C. Final Regulatory Flexibility Analysis
8. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Notice of Proposed Rulemaking (NPRM)
in MB Docket 17–231. The Commission
sought written public comments on
proposals in the NPRM, including
comment on the IRFA. The Commission
received no comments on the IRFA,
although some commenters discussed
the effect of the proposals on smaller
entities, as discussed below. The
present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
9. Need for, and Objectives of, the
Report and Order. The Report and Order
(Order) stems from a Public Notice
issued by the Commission in May 2017,
launching an initiative to modernize the
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Commission’s media regulations. The
parties that filed comments in the
proceeding unanimously agree that the
recordkeeping requirements at issue are
outdated and unnecessary and should
be eliminated. The Order adopts the
NPRM’s proposal to eliminate
provisions of the Commission’s rules
that obligate certain broadcasters and
cable entities to maintain paper copies
of Commission rules.
10. Specifically, the Order eliminates:
(i) The requirement that licensees or
permittees of low power TV, TV
translator, and TV booster stations
maintain a copy of Volume I and
Volume III of the Commission’s rules;
(ii) the requirement that licensees or
permittees of FM translator and FM
booster stations maintain a copy of
Volumes I (parts 0, 1, 2 and 17) and III
(parts 73 and 74) of the Commission’s
rules; (iii) the requirement that certain
cable operators maintain a copy of part
76 of the Commission’s rules and, if
subject to the Emergency Alert System
(EAS) rules contained in part 11 of such
rules, an EAS Operating Handbook; and
(iv) the requirements that cable
television relay station (CARS) licensees
maintain a copy of part 76 of the
Commission’s rules and, in cases where
aeronautical obstruction markings of
antennas are required, part 17 of such
rules. The Order finds that eliminating
these recordkeeping requirements will
remove an outdated and unnecessary
regulatory burden that may impede
competition and innovation in media
markets.
11. Summary of Significant Issues
Raised by Public Comments in Response
to the IRFA. No comments were filed in
response to the IRFA.
12. Response to Comments by the
Chief Counsel for Advocacy of the Small
Business Administration. Pursuant to
the Small Business Jobs Act of 2010,
which amended the RFA, the
Commission is required to respond to
any comments filed by the Chief
Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments.1 The Chief
Counsel did not file any comments in
response to the proposed rules in this
proceeding.
13. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply. The RFA directs
agencies to provide a description of and,
where feasible, an estimate of the
number of small entities that may be
affected by the rules adopted in the
15
U.S.C. 604(a)(3).
E:\FR\FM\30MRR1.SGM
30MRR1
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
Order.2 The RFA generally defines the
term ‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ 3 In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act.4 A small business concern
is one which: (1) Is independently
owned and operated; (2) is not
dominant in its field of operation; and
(3) satisfies any additional criteria
established by the SBA.5 Below, we
provide a description of such small
entities, as well as an estimate of the
number of such small entities, where
feasible.
14. Television Broadcasting. This
Economic Census category ‘‘comprises
establishments primarily engaged in
broadcasting images together with
sound.’’ These establishments operate
television broadcast studios and
facilities for the programming and
transmission of programs to the public.
These establishments also produce or
transmit visual programming to
affiliated broadcast television stations,
which in turn broadcast the programs to
the public on a predetermined schedule.
Programming may originate in their own
studio, from an affiliated network, or
from external sources. The SBA has
created the following small business
size standard for such businesses: Those
having $38.5 million or less in annual
receipts. The 2012 Economic Census
reports that 751 firms in this category
operated in that year. Of that number,
656 had annual receipts of $25,000,000
or less, 25 had annual receipts between
$25,000,000 and $49,999,999, and 70
had annual receipts of $50,000,000 or
more. Based on this data, we estimate
that the majority of commercial
television broadcasters are small entities
under the applicable SBA size standard.
15. In addition, the Commission has
estimated the number of licensed
commercial television stations to be
1,384. Of this total, 1,264 stations had
25
U.S.C. 603(b)(3).
U.S.C. 601(6).
4 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory
definition of a small business applies ‘‘unless an
agency, after consultation with the Office of
Advocacy of the Small Business Administration
and after opportunity for public comment,
establishes one or more definitions of such term
which are appropriate to the activities of the agency
and publishes such definition(s) in the Federal
Register.’’ 5 U.S.C. 601(3).
5 15 U.S.C. 632. Application of the statutory
criteria of dominance in its field of operation and
independence are sometimes difficult to apply in
the context of broadcast television. Accordingly, the
Commission’s statistical account of television
stations may be over-inclusive.
amozie on DSK30RV082PROD with RULES
35
VerDate Sep<11>2014
18:02 Mar 29, 2018
Jkt 244001
revenues of $38.5 million or less,
according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on February
24, 2017. Such entities, therefore,
qualify as small entities under the SBA
definition. The Commission has
estimated the number of licensed
noncommercial educational (NCE)
television stations to be 394. The
Commission, however, does not compile
and does not have access to information
on the revenue of NCE stations that
would permit it to determine how many
such stations would qualify as small
entities.
16. We note, however, that in
assessing whether a business concern
qualifies as ‘‘small’’ under the above
definition, business (control)
affiliations 6 must be included. Our
estimate, therefore likely overstates the
number of small entities that might be
affected by our action, because the
revenue figure on which it is based does
not include or aggregate revenues from
affiliated companies. In addition,
another element of the definition of
‘‘small business’’ requires that an entity
not be dominant in its field of operation.
We are unable at this time to define or
quantify the criteria that would
establish whether a specific television
broadcast station is dominant in its field
of operation. Accordingly, the estimate
of small businesses to which the
proposed rules would apply does not
exclude any television station from the
definition of a small business on this
basis and therefore could be overinclusive.
17. There are also 1,968 LPTV
stations, 417 Class A stations, and 3,776
TV translator stations. Given the nature
of these services, we will presume that
all of these entities qualify as small
entities under the above SBA small
business size standard.
18. Radio Stations. This economic
Census category ‘‘comprises
establishments primarily engaged in
broadcasting aural programs by radio to
the public.’’ The SBA has created the
following small business size standard
for this category: those having $38.5
million or less in annual receipts.
Census data for 2012 shows that 2,849
firms in this category operated in that
year. Of this number, 2,806 firms had
annual receipts of less than $25,000,000,
and 43 firms had annual receipts of
$25,000,000 or more. Because the
Census has no additional classifications
that could serve as a basis for
6 ‘‘[Business concerns] are affiliates of each other
when one concern controls or has the power to
control the other or a third party or parties controls
or has the power to control both.’’
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
13681
determining the number of stations
whose receipts exceeded $38.5 million
in that year, we conclude that the
majority of television broadcast stations
were small under the applicable SBA
size standard.
19. Apart from the U.S. Census, the
Commission has estimated the number
of licensed commercial AM radio
stations to be 4,486 stations 7 and the
number of commercial FM radio
stations to be 6,755, for a total number
of 11,241. Of this total, 9,898 stations
had revenues of $38.5 million or less,
according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) in October
2014. In addition, the Commission has
estimated the number of noncommercial
educational FM radio stations to be
4,111. NCE stations are non-profit, and
therefore considered to be small entities.
Therefore, we estimate that the majority
of radio broadcast stations are small
entities.
20. Low Power FM Stations. The same
SBA definition that applies to radio
stations would apply to low power FM
stations. As noted above, the SBA has
created the following small business
size standard for this category: Those
having $38.5 million or less in annual
receipts. The Commission has estimated
the number of licensed low power FM
stations to be 1,966. In addition, as of
June 30, 2017, there were a total of 7,453
FM translator and FM booster stations.
Given the nature of these services, we
will presume that these licensees
qualify as small entities under the SBA
definition.
21. We note again, however, that in
assessing whether a business concern
qualifies as ‘‘small’’ under the above
definition, business (control)
affiliations 8 must be included. Because
we do not include or aggregate revenues
from affiliated companies in
determining whether an entity meets the
applicable revenue threshold, our
estimate of the number of small radio
broadcast stations affected is likely
overstated. In addition, as noted above,
one element of the definition of ‘‘small
business’’ is that an entity not be
dominant in its field of operation. We
are unable at this time to define or
quantify the criteria that would
establish whether a specific radio
broadcast station is dominant in its field
of operation. Accordingly, our estimate
7 This number is derived from subtracting the
total number of noncommercial educational stations
(204) from the total number of licensed AM stations
(4690).
8 ‘‘[Business concerns] are affiliates of each other
when one concern controls or has the power to
control the other or a third party or parties controls
or has the power to control both.’’
E:\FR\FM\30MRR1.SGM
30MRR1
13682
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
of small radio stations potentially
affected by the proposed rules includes
those that could be dominant in their
field of operation. For this reason, such
estimate likely is over-inclusive.
22. Cable Companies and Systems
(Rate Regulation). The Commission has
developed its own small business size
standards for the purpose of cable rate
regulation. Under the Commission’s
rules, a ‘‘small cable company’’ is one
serving 400,000 or fewer subscribers
nationwide.9 In addition, under the
Commission’s rate regulation rules, a
‘‘small system’’ is a cable system serving
15,000 or fewer subscribers.10 Industry
data indicate that there are currently
4,300 active cable systems in the United
States.11 Of this total, 3,550 cable
systems have fewer than 15,000
subscribers, and 750 systems have
15,000 or more subscribers.12 Thus, we
estimate that most cable systems are
small entities.
23. Cable System Operators (Telecom
Act Standard). The Communications
Act of 1934, as amended, also contains
a size standard for small cable system
operators, which is ‘‘a cable operator
that, directly or through an affiliate,
serves in the aggregate fewer than 1
percent of all subscribers in the United
States and is not affiliated with any
entity or entities whose gross annual
revenues in the aggregate exceed $250
million.’’ 13 There are approximately
52,107,104 cable video subscribers in
the United States today. Accordingly, an
operator serving fewer than 521,071
subscribers shall be deemed a small
operator if its annual revenues, when
combined with the total annual
revenues of all its affiliates, do not
exceed $250 million in the aggregate.
Based on available data, we find that all
but six incumbent cable operators are
small entities under this size standard.
We note that the Commission neither
requests nor collects information on
whether cable system operators are
affiliated with entities whose gross
annual revenues exceed $250 million.14
Although it seems certain that some of
these cable system operators are
affiliated with entities whose gross
annual revenues exceed $250 million,
we are unable at this time to estimate
9 47
CFR 76.901(e).
CFR 76.901(c).
11 August 24, 2017 Report from the Media Bureau
based on data contained in the Commission’s Cable
Operations and Licensing System (COALS).
12 Id.
13 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) &
nn.1–3.
14 The Commission receives such information on
a case-by-case basis if a cable operator appeals a
local franchise authority’s finding that the operator
does not qualify as a small cable operator.
amozie on DSK30RV082PROD with RULES
10 47
VerDate Sep<11>2014
18:02 Mar 29, 2018
Jkt 244001
with greater precision the number of
cable system operators that would
qualify as small cable operators under
the definition in the Communications
Act.
24. We also note that there currently
are 182 cable antenna relay service
(CARS) licensees.15 The Commission,
however, neither requests nor collects
information on whether CARS licensees
are affiliated with entities whose gross
annual revenues exceed $250 million.
Although some CARS licensees may be
affiliated with entities whose gross
annual revenues exceed $250 million,
we are unable at this time to estimate
with greater precision the number of
CARS licensees that would qualify as
small cable operators under the
definition in the Communications Act.
25. Description of Projected
Reporting, Recordkeeping, and Other
Compliance Requirements. The Report
and Order eliminates rules that require
certain broadcast and cable entities to
maintain paper copies of sections of the
Commission’s regulations. Accordingly,
the Report and Order does not impose
any new reporting, recordkeeping, or
other compliance requirements.
26. Because no commenter provided
information specifically quantifying the
costs and administrative burdens of
complying with the existing
recordkeeping requirements, we cannot
precisely estimate the impact on small
entities of eliminating them. The rule
revisions adopted in the Order will
afford all affected Commission
regulatees, including small entities,
greater flexibility in the manner by
which they access and stay familiar
with Commission rules governing their
services. Additionally, as NAB notes,
removing this obligation will also help
small entities in particular to cut
unnecessary costs related to maintaining
updated paper copies of Commission
rules.16 No party in the proceeding has
opposed the proposals set forth in the
NPRM. We thus find it reasonable to
conclude that the benefits of eliminating
the rules at issue outweigh any costs.
27. Steps Taken to Minimize
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered. The RFA requires an
agency to describe any significant,
specifically small business, alternatives
that it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
15 August 24, 2017 report from Media Bureau staff
based on data contained in the Commission’s Cable
Operations and Licensing System (COALS).
16 NAB Comments at 2.
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance, rather than
design, standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for small entities.17
28. The Report and Order eliminates
the obligation, imposed on certain
broadcasters and cable regulatees, to
maintain paper copies of Commission
rules. Eliminating these requirements is
intended to modernize the
Commission’s regulations and reduce
costs and recordkeeping burdens for
affected entities, include small entities.
Under the revised rules, affected entities
no longer will need to expend time and
resources maintaining and updating
hard copies of Commission rules, but
rather, will be able to stay familiar with
Commission rules by accessing those
rules online. As noted, no party has
opposed the rule revisions we adopt in
the Order. Thus, we anticipate that
affected small entities will benefit from
such revisions.
29. Report to Congress. The
Commission will send a copy of the
Report and Order, including this FRFA,
in a report to be sent to Congress
pursuant to the Congressional Review
Act.18 In addition, the Commission will
send a copy of the Report and Order,
including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A
copy of the Report and Order and FRFA
(or summaries thereof) will also be
published in the Federal Register.
30. It is ordered that, pursuant to the
authority found in sections 1, 4(i), and
4(j) of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), and
154(j), this Report and Order is hereby
adopted.
31. It is further ordered that, pursuant
to the authority found in sections 1, 4(i),
and 4(j) of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i),
and 154(j), the Commission’s rules are
amended as set forth in Rules Appendix
A of the Report and Order, effective as
of the date of publication of a summary
in the Federal Register.19
32. 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
17 5
U.S.C. 603(c)(1)–(c)(4).
5 U.S.C. 801(a)(1)(A).
19 These rules serve to ‘‘reliev[e] a restriction.’’ 5
U.S.C. 553(d)(1).
18 See
E:\FR\FM\30MRR1.SGM
30MRR1
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
the Chief Counsel for Advocacy of the
Small Business Administration.
33. 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).
34. It is further ordered that, should
no petitions for reconsideration or
petitions for judicial review be timely
filed, MB Docket No. 17–231 shall be
terminated and its docket closed.
List of Subjects
47 CFR Part 74
Education, Radio, Reporting and
recordkeeping requirements, Television.
47 CFR Part 76
Administrative practice and
procedure, Cable television, Reporting
and recordkeeping requirements.
47 CFR Part 78
Cable television, Radio, Reporting and
recordkeeping requirements, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 74,
76 and 78 as follows:
Applicable Rule Sections
§ 73.1030 Notifications concerning
interference to radio astronomy,
research and receiving installations.
§ 74.703 Interference.
§ 74.709 Land mobile station
protection.
§ 74.734 Attended and unattended
operation.
§ 74.735 Power Limitations.
§ 74.751 Modification of transmission
systems.
§ 74.763 Time of Operation.
§ 74.765 Posting of station and
operator licenses.
§ 74.769 Familiarity with FCC rules.
§ 74.780 Broadcast regulations
applicable to translators, low power,
and booster stations (except
§ 73.653—Operation of TV aural and
visual transmitters and § 73.1201—
Station identification).
§ 74.781 Station records.
§ 74.784 Rebroadcasts.
*
*
*
*
*
■ 4. Revise § 74.789 to read as follows:
§ 74.789 Broadcast regulations applicable
to digital low power television and
television translator stations.
Each licensee or permittee of a station
authorized under this subpart shall be
familiar with those rules relating to
stations authorized under this subpart.
Copies of the Commission’s rules may
be obtained from the Superintendent of
Documents, Government Publishing
Office, Washington, DC 20401, or
accessed online at https://www.ecfr.gov
or https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=
CFR.
■ 3. Amend § 74.787 by revising
paragraph (a)(5)(viii) to read as follows:
The following sections are applicable
to digital low power television and
television translator stations:
§ 73.1030 Notifications concerning
interference to radio astronomy,
research and receiving installations.
§ 74.600 Eligibility for license.
§ 74.703 Interference.
§ 74.709 Land mobile station
protection.
§ 74.732 Eligibility and licensing
requirements.
§ 74.734 Attended and unattended
operation.
§ 74.735 Power limitations.
§ 74.751 Modification of transmission
systems.
§ 74.763 Time of operation.
§ 74.765 Posting of station and
operator licenses.
§ 74.769 Familiarity with FCC rules.
§ 74.780 Broadcast regulations
applicable to translators, low power,
and booster stations (except
§ 73.653—Operation of TV aural and
visual transmitters and § 73.1201—
Station identification).
§ 74.781 Station records.
§ 74.784 Rebroadcasts.
■ 5. Revise § 74.1269 to read as follows:
§ 74.787
§ 74.1269
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
1. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 310, 336, and 554.
■
2. Revise § 74.769 to read as follows:
§ 74.769
amozie on DSK30RV082PROD with RULES
(viii) The following sections are
applicable to analog-to-digital and
digital-to-digital replacement television
translator stations:
Familiarity with FCC rules.
Digital licensing.
VerDate Sep<11>2014
Familiarity with FCC rules.
Each licensee or permittee of a station
authorized under this subpart shall be
(a) * * *
(5) * * *
18:02 Mar 29, 2018
Jkt 244001
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
13683
familiar with those rules relating to
stations authorized under this subpart.
Copies of the Commission’s Rules may
be obtained from the Superintendent of
Documents, Government Publishing
Office, Washington, DC 20401, or
accessed online at https://www.ecfr.gov
or https://www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=
CFR.
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
6. The authority citation for part 76
continues to read as follows:
■
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 338, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572 and 573.
7. Amend § 76.1700 by revising
paragraph (d) to read as follows:
■
§ 76.1700 Records to be maintained by
cable system operators.
*
*
*
*
*
(d) Exceptions to the public
inspection file requirements. The
operator of every cable television system
having fewer than 1,000 subscribers is
exempt from the online public file and
from the public record requirements
contained in § 76.1701 (political file);
§ 76.1702 (EEO records available for
public inspection); § 76.1703
(commercial records for children’s
programming); § 76.1704 (proof-ofperformance test data); § 76.1706 (signal
leakage logs and repair records);
§ 76.1714 (Familiarity with FCC rules);
and § 76.1715 (sponsorship
identification).
*
*
*
*
*
■ 8. Amend § 76.1714 by revising the
section heading and paragraphs (a) and
(c) to read as follows:
§ 76.1714
Familiarity with FCC rules.
(a) The operator of a cable television
system is expected to be familiar with
the rules governing cable television
systems and, if subject to the Emergency
Alert System (EAS) rules contained in
part 11 of this chapter, the EAS rules.
Copies of the Commission’s rules may
be obtained from the Superintendent of
Documents, Government Publishing
Office, Washington, DC 20401, at
nominal cost, or accessed online at
https://www.ecfr.gov or https://
www.gpo.gov/fdsys/browse/collection
Cfr.action?collectionCode=CFR. Copies
of the EAS Operating Handbook may be
accessed online at https://www.fcc.gov/
general/eas-test-reporting-system.
*
*
*
*
*
(c) Both the licensee of a cable
television relay station (CARS) and the
E:\FR\FM\30MRR1.SGM
30MRR1
13684
Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
operator or operators responsible for the
proper operation of the station are
expected to be familiar with the rules
governing cable television relay stations.
Copies of the Commission’s rules may
be obtained from the Superintendent of
Documents, Government Publishing
Office, Washington, DC 20401, at
nominal cost, or accessed online at
https://www.ecfr.gov or https://
www.gpo.gov/fdsys/browse/
collectionCfr.action?collectionCode=
CFR.
PART 78—CABLE TELEVISION RELAY
SERVICE
9. The authority citation for part 78
continues to read as follows:
■
Authority: Secs. 2, 3, 4, 301, 303, 307, 308,
309, 48 Stat., as amended, 1064, 1065, 1066,
1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152,
153, 154, 301, 303, 307, 308, 309.
■
10. Revise § 78.67 to read as follows:
§ 78.67
Familiarity with FCC rules.
Both the licensee of a cable television
relay station (CARS) and the operator or
operators responsible for the proper
operation of the station are expected to
be familiar with the rules governing
CARS stations. Copies of the
Commission’s rules may be obtained
from the Superintendent of Documents,
Government Publishing Office,
Washington, DC 20401, at nominal cost,
or accessed online at https://
www.ecfr.gov or https://www.gpo.gov/
fdsys/browse/collectionCfr.action?
collectionCode=CFR.
[FR Doc. 2018–06029 Filed 3–29–18; 8:45 am]
BILLING CODE 6712–01–P
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS–R7–MB–2017–0087;
FXMB12610700000–189–FF07M01000]
RIN 1018–BC70
Migratory Bird Subsistence Harvest in
Alaska; Harvest Regulations for
Migratory Birds in Alaska During the
2018 Season
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
amozie on DSK30RV082PROD with RULES
AGENCY:
The U.S. Fish and Wildlife
Service (Service or we) is establishing
migratory bird subsistence harvest
regulations in Alaska for the 2018
season. These regulations allow for the
continuation of customary and
traditional subsistence uses of migratory
VerDate Sep<11>2014
18:02 Mar 29, 2018
Jkt 244001
Why is this rulemaking necessary?
This rulemaking is necessary because,
by law, the migratory bird harvest
season is closed unless opened by the
Secretary of the Interior, and the
regulations governing subsistence
harvest of migratory birds in Alaska are
subject to public review and annual
approval. This rule establishes
regulations for the taking of migratory
birds for subsistence uses in Alaska
during the spring and summer of 2018.
This rule also sets forth a list of
migratory bird season openings and
closures in Alaska by region.
How do I find the history of these
regulations?
DEPARTMENT OF THE INTERIOR
SUMMARY:
birds in Alaska and prescribe regional
information on when and where the
harvesting of birds may occur. These
regulations were developed under a comanagement process involving the
Service, the Alaska Department of Fish
and Game, and Alaska Native
representatives. The rulemaking is
necessary because the regulations
governing the subsistence harvest of
migratory birds in Alaska are subject to
annual review. This rulemaking
establishes region-specific regulations
that go into effect on April 2, 2018.
DATES: The amendments to subpart C of
50 CFR part 92 are effective April 2,
2018. The amendments to subpart D of
50 CFR part 92 are effective April 2,
2018, through August 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Donna Dewhurst, U.S. Fish and Wildlife
Service, 1011 E. Tudor Road, Mail Stop
201, Anchorage, AK 99503; (907) 786–
3499.
SUPPLEMENTARY INFORMATION:
Background information, including
past events leading to this rulemaking,
accomplishments since the Migratory
Bird Treaties with Canada and Mexico
were amended, and a history, were
originally addressed in the Federal
Register on August 16, 2002 (67 FR
53511) and most recently on April 4,
2017 (82 FR 16298).
Recent Federal Register documents
and all final rules setting forth the
annual harvest regulations are available
at https://www.fws.gov/alaska/ambcc/
regulations.htm or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
What is the process for issuing
regulations for the subsistence harvest
of migratory birds in Alaska?
The U.S. Fish and Wildlife Service is
establishing migratory bird subsistenceharvest regulations in Alaska for the
2018 season. These regulations allow for
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
the continuation of customary and
traditional subsistence uses of migratory
birds in Alaska and prescribe regional
information on when and where the
harvesting of birds may occur. These
regulations were developed under a comanagement process involving the
Service, the Alaska Department of Fish
and Game, and Alaska Native
representatives.
The Alaska Migratory Bird Comanagement Council (Co-management
Council) held meetings on April 5–6,
2017, to develop recommendations for
changes that would take effect during
the 2018 harvest season. The Comanagement Council recommended no
changes for the 2018 regulations.
On February 1, 2018, we published in
the Federal Register a proposed rule (83
FR 4623) to amend 50 CFR part 92 to
propose regulations for the 2018 spring
and summer subsistence harvest of
migratory birds in Alaska at subpart D,
and to amend subpart C. We accepted
public comments on the proposed rule
for 30 days, ending March 5, 2018. A
summary of the comments we received,
and our responses to them, is provided
below, under Summary of Comments
and Responses.
This Final Rule
This final rule contains no changes
from the proposed regulation
amendments published on February 1,
2018 (83 FR 4623).
Who is eligible to hunt under these
regulations?
Eligibility to harvest under the
regulations established in 2003 was
limited to permanent residents,
regardless of race, in villages located
within the Alaska Peninsula, Kodiak
Archipelago, the Aleutian Islands, and
in areas north and west of the Alaska
Range (50 CFR 92.5). These geographical
restrictions opened the initial migratory
bird subsistence harvest to about 13
percent of Alaska residents. Highpopulated, roaded areas such as
Anchorage, the Matanuska-Susitna and
Fairbanks North Star boroughs, the
Kenai Peninsula roaded area, the Gulf of
Alaska roaded area, and Southeast
Alaska were excluded from eligible
subsistence harvest areas.
In response to petitions requesting
inclusion in the harvest in 2004, we
added 13 additional communities
consistent with the criteria set forth at
50 CFR 92.5(c). These communities
were Gulkana, Gakona, Tazlina, Copper
Center, Mentasta Lake, Chitina,
Chistochina, Tatitlek, Chenega, Port
Graham, Nanwalek, Tyonek, and
Hoonah, with a combined population of
2,766. In 2005, we added three
E:\FR\FM\30MRR1.SGM
30MRR1
Agencies
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13679-13684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06029]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 74, 76, and 78
[MB Docket No. 17-231; FCC 18-16]
Maintenance of Copies of FCC Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) eliminates rules that require certain broadcast and
cable entities to maintain paper copies of the Commission's
regulations. As set forth below, we conclude that eliminating these
requirements, which apply to low power TV, TV and FM translators, TV
and FM booster stations, cable television relay station (CARS)
licensees, and certain cable operators, will advance the Commission's
goal of reducing outdated regulations and unnecessary regulatory
burdens that can impede competition and innovation in media markets.
DATES: Effective March 30, 2018.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Jonathan Mark, [email protected], of the Media Bureau, Policy
Division, (202) 418-3634. Direct press inquiries to Janice Wise at
(202) 418-8165.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order), FCC 18-16, adopted and released on February 20,
2018. The full text of this document is available electronically via
the FCC's Electronic Document Management System (EDOCS) website at
https://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic
Comment Filing System (ECFS) website at https://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically in ASCII, Microsoft
Word, and/or Adobe Acrobat.) This document is also available for public
inspection and copying during regular business hours in the FCC
Reference Information Center, which is located in Room CY-A257 at FCC
Headquarters, 445 12th Street SW, Washington, DC 20554. The Reference
Information Center is open to the public Monday through Thursday from
8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m. The
complete text may be purchased from the Commission's copy contractor,
445 12th Street SW, Room CY-B402, Washington, DC 20554. Alternative
formats are available for people with disabilities (Braille, large
print, electronic files, audio format), by sending an email to
[email protected] or calling the Commission's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
I. Report and Order
1. In this Order, we eliminate rules that require certain broadcast
and cable entities to maintain paper copies of the Commission's
regulations. As part of our initiative to modernize our media
regulations, we issued a Notice of Proposed Rulemaking (NPRM) proposing
to eliminate requirements that regulatees maintain copies of certain
portions of the Code of Federal Regulations (CFR). We received
unanimous support for this proposal. As set forth below, we conclude
that eliminating these requirements, which apply to low power TV, TV
and FM translators, TV and FM booster stations, cable television relay
station (CARS) licensees, and certain cable operators, will advance the
Commission's goal of reducing outdated regulations and unnecessary
regulatory burdens that can impede competition and innovation in media
markets.
2. We adopt the proposal to eliminate the requirement, set forth in
Sec. 74.769 of our rules, that licensees or permittees of
[[Page 13680]]
low power TV, TV translators, and TV booster stations maintain ``a
current copy of Volume I and Volume III of the Commission's rules.'' We
also adopt the proposal to eliminate the requirement in Sec. 74.1269
of our rules that licensees and permittees of FM translator and FM
booster stations maintain ``a current copy of Volumes I (parts 0, 1, 2
and 17) and III (parts 73 and 74) of the Commission's rules.'' As we
noted in the NPRM, the Commission adopted these requirements more than
40 years ago as part of its regulation of then recently established
broadcast translator services. We agree with NAB that, ``given
licensees' ability today to immediately access FCC rules via the
internet, requiring broadcasters to retain hard copies of the rules is
no longer necessary.'' Indeed, the electronic version of the CFR
available on the internet is often more current than the printed
version, which is published only once a year. Removing this requirement
also would help small broadcasters in particular by enabling them to
cut unnecessary costs.
3. Additionally, as proposed in the NPRM, we eliminate the
requirement in Sec. 76.1714(a) that cable operators serving 1,000 or
more subscribers maintain a current copy of part 76 of the Commission's
rules and, if subject to the Emergency Alert System (EAS) rules
contained in part 11, an EAS Operating Handbook. As noted in the NPRM,
we recognize the public safety benefits of keeping the EAS Handbook in
close proximity, but we see no need to duplicate the requirement in
section 11.15--which this order does not impact--that a copy of the
handbook ``be located at normal duty positions or EAS equipment
locations when an operator is required to be on duty and be immediately
available to staff responsible for authenticating messages and
initiating actions.'' We agree with NCTA that this ``requirement wastes
resources and is unjustified today given that the materials are readily
available for free to anyone with access to the internet.'' Moreover,
because the most up-to-date version of the Commission's rules is
accessible via the internet, a requirement to keep a hard copy of part
76 of the Commission's rules has outlived its usefulness.
4. We also eliminate from Sec. Sec. 76.1714(c) and 78.67 of the
Commission's rules the requirement that CARS licensees maintain a
current copy of part 78 of the Commission's rules and, in cases where
aeronautical obstruction markings of antennas are required, a current
copy of part 17. The Commission adopted these rules several decades ago
as part of a comprehensive regulatory framework to govern then-nascent
cable television service. We agree with ACA and other commenters that,
because the Commission's rules are now easily accessible via the
internet, requirements to keep hard copies of those rules have outlived
their purpose.
5. For these reasons, we find that these pre-internet era rules
requiring certain broadcast and cable entities to keep hard copies of
Commission rules are outdated and impose an unnecessary burden on
regulates. As such, we find that removing them is in the public
interest. At the same time, we note that our action today does not
eliminate the portions of Sec. Sec. 74.769, 74.1269, 76.1714, and
78.67 that obligate the subject broadcast and cable entities to be
familiar with the rules governing their respective operations.
II. Procedural Matters
A. Final Paperwork Reduction Act Analysis
6. This document does not contain any new or revised information
collection requirements subject to the Paperwork Reduction Act of 1995,
Public Law 104-13 (44 U.S.C. 3501-3520). In addition, therefore, it
does not contain any new or modified ``information burden for small
business concerns with fewer than 25 employees'' pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C.
3506(c)(4).
B. Congressional Review Act
7. The Commission will send a copy of this 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).
C. Final Regulatory Flexibility Analysis
8. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (NPRM) in MB Docket
17-231. The Commission sought written public comments on proposals in
the NPRM, including comment on the IRFA. The Commission received no
comments on the IRFA, although some commenters discussed the effect of
the proposals on smaller entities, as discussed below. The present
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
9. Need for, and Objectives of, the Report and Order. The Report
and Order (Order) stems from a Public Notice issued by the Commission
in May 2017, launching an initiative to modernize the Commission's
media regulations. The parties that filed comments in the proceeding
unanimously agree that the recordkeeping requirements at issue are
outdated and unnecessary and should be eliminated. The Order adopts the
NPRM's proposal to eliminate provisions of the Commission's rules that
obligate certain broadcasters and cable entities to maintain paper
copies of Commission rules.
10. Specifically, the Order eliminates: (i) The requirement that
licensees or permittees of low power TV, TV translator, and TV booster
stations maintain a copy of Volume I and Volume III of the Commission's
rules; (ii) the requirement that licensees or permittees of FM
translator and FM booster stations maintain a copy of Volumes I (parts
0, 1, 2 and 17) and III (parts 73 and 74) of the Commission's rules;
(iii) the requirement that certain cable operators maintain a copy of
part 76 of the Commission's rules and, if subject to the Emergency
Alert System (EAS) rules contained in part 11 of such rules, an EAS
Operating Handbook; and (iv) the requirements that cable television
relay station (CARS) licensees maintain a copy of part 76 of the
Commission's rules and, in cases where aeronautical obstruction
markings of antennas are required, part 17 of such rules. The Order
finds that eliminating these recordkeeping requirements will remove an
outdated and unnecessary regulatory burden that may impede competition
and innovation in media markets.
11. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. No comments were filed in response to the IRFA.
12. Response to Comments by the Chief Counsel for Advocacy of the
Small Business Administration. Pursuant to the Small Business Jobs Act
of 2010, which amended the RFA, the Commission is required to respond
to any comments filed by the Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to provide a detailed statement of
any change made to the proposed rules as a result of those comments.\1\
The Chief Counsel did not file any comments in response to the proposed
rules in this proceeding.
---------------------------------------------------------------------------
\1\ 5 U.S.C. 604(a)(3).
---------------------------------------------------------------------------
13. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply. The RFA directs agencies to provide a
description of and, where feasible, an estimate of the number of small
entities that may be affected by the rules adopted in the
[[Page 13681]]
Order.\2\ The RFA generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \3\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\4\ A small
business concern is one which: (1) Is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the SBA.\5\ Below, we provide a
description of such small entities, as well as an estimate of the
number of such small entities, where feasible.
---------------------------------------------------------------------------
\2\ 5 U.S.C. 603(b)(3).
\3\ 5 U.S.C. 601(6).
\4\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5
U.S.C. 601(3), the statutory definition of a small business applies
``unless an agency, after consultation with the Office of Advocacy
of the Small Business Administration and after opportunity for
public comment, establishes one or more definitions of such term
which are appropriate to the activities of the agency and publishes
such definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\5\ 15 U.S.C. 632. Application of the statutory criteria of
dominance in its field of operation and independence are sometimes
difficult to apply in the context of broadcast television.
Accordingly, the Commission's statistical account of television
stations may be over-inclusive.
---------------------------------------------------------------------------
14. Television Broadcasting. This Economic Census category
``comprises establishments primarily engaged in broadcasting images
together with sound.'' These establishments operate television
broadcast studios and facilities for the programming and transmission
of programs to the public. These establishments also produce or
transmit visual programming to affiliated broadcast television
stations, which in turn broadcast the programs to the public on a
predetermined schedule. Programming may originate in their own studio,
from an affiliated network, or from external sources. The SBA has
created the following small business size standard for such businesses:
Those having $38.5 million or less in annual receipts. The 2012
Economic Census reports that 751 firms in this category operated in
that year. Of that number, 656 had annual receipts of $25,000,000 or
less, 25 had annual receipts between $25,000,000 and $49,999,999, and
70 had annual receipts of $50,000,000 or more. Based on this data, we
estimate that the majority of commercial television broadcasters are
small entities under the applicable SBA size standard.
15. In addition, the Commission has estimated the number of
licensed commercial television stations to be 1,384. Of this total,
1,264 stations had revenues of $38.5 million or less, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on February 24, 2017. Such entities,
therefore, qualify as small entities under the SBA definition. The
Commission has estimated the number of licensed noncommercial
educational (NCE) television stations to be 394. The Commission,
however, does not compile and does not have access to information on
the revenue of NCE stations that would permit it to determine how many
such stations would qualify as small entities.
16. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations \6\ must be included. Our estimate, therefore likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific television broadcast station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which the proposed rules would apply does not exclude any television
station from the definition of a small business on this basis and
therefore could be over-inclusive.
---------------------------------------------------------------------------
\6\ ``[Business concerns] are affiliates of each other when one
concern controls or has the power to control the other or a third
party or parties controls or has the power to control both.''
---------------------------------------------------------------------------
17. There are also 1,968 LPTV stations, 417 Class A stations, and
3,776 TV translator stations. Given the nature of these services, we
will presume that all of these entities qualify as small entities under
the above SBA small business size standard.
18. Radio Stations. This economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public.'' The SBA has created the following small business
size standard for this category: those having $38.5 million or less in
annual receipts. Census data for 2012 shows that 2,849 firms in this
category operated in that year. Of this number, 2,806 firms had annual
receipts of less than $25,000,000, and 43 firms had annual receipts of
$25,000,000 or more. Because the Census has no additional
classifications that could serve as a basis for determining the number
of stations whose receipts exceeded $38.5 million in that year, we
conclude that the majority of television broadcast stations were small
under the applicable SBA size standard.
19. Apart from the U.S. Census, the Commission has estimated the
number of licensed commercial AM radio stations to be 4,486 stations
\7\ and the number of commercial FM radio stations to be 6,755, for a
total number of 11,241. Of this total, 9,898 stations had revenues of
$38.5 million or less, according to Commission staff review of the BIA
Kelsey Inc. Media Access Pro Television Database (BIA) in October 2014.
In addition, the Commission has estimated the number of noncommercial
educational FM radio stations to be 4,111. NCE stations are non-profit,
and therefore considered to be small entities. Therefore, we estimate
that the majority of radio broadcast stations are small entities.
---------------------------------------------------------------------------
\7\ This number is derived from subtracting the total number of
noncommercial educational stations (204) from the total number of
licensed AM stations (4690).
---------------------------------------------------------------------------
20. Low Power FM Stations. The same SBA definition that applies to
radio stations would apply to low power FM stations. As noted above,
the SBA has created the following small business size standard for this
category: Those having $38.5 million or less in annual receipts. The
Commission has estimated the number of licensed low power FM stations
to be 1,966. In addition, as of June 30, 2017, there were a total of
7,453 FM translator and FM booster stations. Given the nature of these
services, we will presume that these licensees qualify as small
entities under the SBA definition.
21. We note again, however, that in assessing whether a business
concern qualifies as ``small'' under the above definition, business
(control) affiliations \8\ must be included. Because we do not include
or aggregate revenues from affiliated companies in determining whether
an entity meets the applicable revenue threshold, our estimate of the
number of small radio broadcast stations affected is likely overstated.
In addition, as noted above, one element of the definition of ``small
business'' is that an entity not be dominant in its field of operation.
We are unable at this time to define or quantify the criteria that
would establish whether a specific radio broadcast station is dominant
in its field of operation. Accordingly, our estimate
[[Page 13682]]
of small radio stations potentially affected by the proposed rules
includes those that could be dominant in their field of operation. For
this reason, such estimate likely is over-inclusive.
---------------------------------------------------------------------------
\8\ ``[Business concerns] are affiliates of each other when one
concern controls or has the power to control the other or a third
party or parties controls or has the power to control both.''
---------------------------------------------------------------------------
22. Cable Companies and Systems (Rate Regulation). The Commission
has developed its own small business size standards for the purpose of
cable rate regulation. Under the Commission's rules, a ``small cable
company'' is one serving 400,000 or fewer subscribers nationwide.\9\ In
addition, under the Commission's rate regulation rules, a ``small
system'' is a cable system serving 15,000 or fewer subscribers.\10\
Industry data indicate that there are currently 4,300 active cable
systems in the United States.\11\ Of this total, 3,550 cable systems
have fewer than 15,000 subscribers, and 750 systems have 15,000 or more
subscribers.\12\ Thus, we estimate that most cable systems are small
entities.
---------------------------------------------------------------------------
\9\ 47 CFR 76.901(e).
\10\ 47 CFR 76.901(c).
\11\ August 24, 2017 Report from the Media Bureau based on data
contained in the Commission's Cable Operations and Licensing System
(COALS).
\12\ Id.
---------------------------------------------------------------------------
23. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than 1
percent of all subscribers in the United States and is not affiliated
with any entity or entities whose gross annual revenues in the
aggregate exceed $250 million.'' \13\ There are approximately
52,107,104 cable video subscribers in the United States today.
Accordingly, an operator serving fewer than 521,071 subscribers shall
be deemed a small operator if its annual revenues, when combined with
the total annual revenues of all its affiliates, do not exceed $250
million in the aggregate. Based on available data, we find that all but
six incumbent cable operators are small entities under this size
standard. We note that the Commission neither requests nor collects
information on whether cable system operators are affiliated with
entities whose gross annual revenues exceed $250 million.\14\ Although
it seems certain that some of these cable system operators are
affiliated with entities whose gross annual revenues exceed $250
million, we are unable at this time to estimate with greater precision
the number of cable system operators that would qualify as small cable
operators under the definition in the Communications Act.
---------------------------------------------------------------------------
\13\ 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & nn.1-3.
\14\ The Commission receives such information on a case-by-case
basis if a cable operator appeals a local franchise authority's
finding that the operator does not qualify as a small cable
operator.
---------------------------------------------------------------------------
24. We also note that there currently are 182 cable antenna relay
service (CARS) licensees.\15\ The Commission, however, neither requests
nor collects information on whether CARS licensees are affiliated with
entities whose gross annual revenues exceed $250 million. Although some
CARS licensees may be affiliated with entities whose gross annual
revenues exceed $250 million, we are unable at this time to estimate
with greater precision the number of CARS licensees that would qualify
as small cable operators under the definition in the Communications
Act.
---------------------------------------------------------------------------
\15\ August 24, 2017 report from Media Bureau staff based on
data contained in the Commission's Cable Operations and Licensing
System (COALS).
---------------------------------------------------------------------------
25. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements. The Report and Order eliminates rules that
require certain broadcast and cable entities to maintain paper copies
of sections of the Commission's regulations. Accordingly, the Report
and Order does not impose any new reporting, recordkeeping, or other
compliance requirements.
26. Because no commenter provided information specifically
quantifying the costs and administrative burdens of complying with the
existing recordkeeping requirements, we cannot precisely estimate the
impact on small entities of eliminating them. The rule revisions
adopted in the Order will afford all affected Commission regulatees,
including small entities, greater flexibility in the manner by which
they access and stay familiar with Commission rules governing their
services. Additionally, as NAB notes, removing this obligation will
also help small entities in particular to cut unnecessary costs related
to maintaining updated paper copies of Commission rules.\16\ No party
in the proceeding has opposed the proposals set forth in the NPRM. We
thus find it reasonable to conclude that the benefits of eliminating
the rules at issue outweigh any costs.
---------------------------------------------------------------------------
\16\ NAB Comments at 2.
---------------------------------------------------------------------------
27. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The RFA requires an
agency to describe any significant, specifically small business,
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance, rather than design, standards;
and (4) an exemption from coverage of the rule, or any part thereof,
for small entities.\17\
---------------------------------------------------------------------------
\17\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------
28. The Report and Order eliminates the obligation, imposed on
certain broadcasters and cable regulatees, to maintain paper copies of
Commission rules. Eliminating these requirements is intended to
modernize the Commission's regulations and reduce costs and
recordkeeping burdens for affected entities, include small entities.
Under the revised rules, affected entities no longer will need to
expend time and resources maintaining and updating hard copies of
Commission rules, but rather, will be able to stay familiar with
Commission rules by accessing those rules online. As noted, no party
has opposed the rule revisions we adopt in the Order. Thus, we
anticipate that affected small entities will benefit from such
revisions.
29. Report to Congress. The Commission will send a copy of the
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act.\18\ In addition, the
Commission will send a copy of the Report and Order, including this
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Report and Order and FRFA (or summaries thereof) will also be published
in the Federal Register.
---------------------------------------------------------------------------
\18\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------
30. It is ordered that, pursuant to the authority found in sections
1, 4(i), and 4(j) of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), and 154(j), this Report and Order is hereby
adopted.
31. It is further ordered that, pursuant to the authority found in
sections 1, 4(i), and 4(j) of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), and 154(j), the Commission's rules are
amended as set forth in Rules Appendix A of the Report and Order,
effective as of the date of publication of a summary in the Federal
Register.\19\
---------------------------------------------------------------------------
\19\ These rules serve to ``reliev[e] a restriction.'' 5 U.S.C.
553(d)(1).
---------------------------------------------------------------------------
32. 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
[[Page 13683]]
the Chief Counsel for Advocacy of the Small Business Administration.
33. 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).
34. It is further ordered that, should no petitions for
reconsideration or petitions for judicial review be timely filed, MB
Docket No. 17-231 shall be terminated and its docket closed.
List of Subjects
47 CFR Part 74
Education, Radio, Reporting and recordkeeping requirements,
Television.
47 CFR Part 76
Administrative practice and procedure, Cable television, Reporting
and recordkeeping requirements.
47 CFR Part 78
Cable television, Radio, Reporting and recordkeeping requirements,
Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 74, 76 and 78 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and
554.
0
2. Revise Sec. 74.769 to read as follows:
Sec. 74.769 Familiarity with FCC rules.
Each licensee or permittee of a station authorized under this
subpart shall be familiar with those rules relating to stations
authorized under this subpart. Copies of the Commission's rules may be
obtained from the Superintendent of Documents, Government Publishing
Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
0
3. Amend Sec. 74.787 by revising paragraph (a)(5)(viii) to read as
follows:
Sec. 74.787 Digital licensing.
(a) * * *
(5) * * *
(viii) The following sections are applicable to analog-to-digital
and digital-to-digital replacement television translator stations:
Applicable Rule Sections
Sec. 73.1030 Notifications concerning interference to radio astronomy,
research and receiving installations.
Sec. 74.703 Interference.
Sec. 74.709 Land mobile station protection.
Sec. 74.734 Attended and unattended operation.
Sec. 74.735 Power Limitations.
Sec. 74.751 Modification of transmission systems.
Sec. 74.763 Time of Operation.
Sec. 74.765 Posting of station and operator licenses.
Sec. 74.769 Familiarity with FCC rules.
Sec. 74.780 Broadcast regulations applicable to translators, low
power, and booster stations (except Sec. 73.653--Operation of TV aural
and visual transmitters and Sec. 73.1201--Station identification).
Sec. 74.781 Station records.
Sec. 74.784 Rebroadcasts.
* * * * *
0
4. Revise Sec. 74.789 to read as follows:
Sec. 74.789 Broadcast regulations applicable to digital low power
television and television translator stations.
The following sections are applicable to digital low power
television and television translator stations:
Sec. 73.1030 Notifications concerning interference to radio astronomy,
research and receiving installations.
Sec. 74.600 Eligibility for license.
Sec. 74.703 Interference.
Sec. 74.709 Land mobile station protection.
Sec. 74.732 Eligibility and licensing requirements.
Sec. 74.734 Attended and unattended operation.
Sec. 74.735 Power limitations.
Sec. 74.751 Modification of transmission systems.
Sec. 74.763 Time of operation.
Sec. 74.765 Posting of station and operator licenses.
Sec. 74.769 Familiarity with FCC rules.
Sec. 74.780 Broadcast regulations applicable to translators, low
power, and booster stations (except Sec. 73.653--Operation of TV aural
and visual transmitters and Sec. 73.1201--Station identification).
Sec. 74.781 Station records.
Sec. 74.784 Rebroadcasts.
0
5. Revise Sec. 74.1269 to read as follows:
Sec. 74.1269 Familiarity with FCC rules.
Each licensee or permittee of a station authorized under this
subpart shall be familiar with those rules relating to stations
authorized under this subpart. Copies of the Commission's Rules may be
obtained from the Superintendent of Documents, Government Publishing
Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
6. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503,
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548,
549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.
0
7. Amend Sec. 76.1700 by revising paragraph (d) to read as follows:
Sec. 76.1700 Records to be maintained by cable system operators.
* * * * *
(d) Exceptions to the public inspection file requirements. The
operator of every cable television system having fewer than 1,000
subscribers is exempt from the online public file and from the public
record requirements contained in Sec. 76.1701 (political file); Sec.
76.1702 (EEO records available for public inspection); Sec. 76.1703
(commercial records for children's programming); Sec. 76.1704 (proof-
of-performance test data); Sec. 76.1706 (signal leakage logs and
repair records); Sec. 76.1714 (Familiarity with FCC rules); and Sec.
76.1715 (sponsorship identification).
* * * * *
0
8. Amend Sec. 76.1714 by revising the section heading and paragraphs
(a) and (c) to read as follows:
Sec. 76.1714 Familiarity with FCC rules.
(a) The operator of a cable television system is expected to be
familiar with the rules governing cable television systems and, if
subject to the Emergency Alert System (EAS) rules contained in part 11
of this chapter, the EAS rules. Copies of the Commission's rules may be
obtained from the Superintendent of Documents, Government Publishing
Office, Washington, DC 20401, at nominal cost, or accessed online at
https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. Copies of the EAS Operating
Handbook may be accessed online at https://www.fcc.gov/general/eas-test-reporting-system.
* * * * *
(c) Both the licensee of a cable television relay station (CARS)
and the
[[Page 13684]]
operator or operators responsible for the proper operation of the
station are expected to be familiar with the rules governing cable
television relay stations. Copies of the Commission's rules may be
obtained from the Superintendent of Documents, Government Publishing
Office, Washington, DC 20401, at nominal cost, or accessed online at
https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
PART 78--CABLE TELEVISION RELAY SERVICE
0
9. The authority citation for part 78 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
0
10. Revise Sec. 78.67 to read as follows:
Sec. 78.67 Familiarity with FCC rules.
Both the licensee of a cable television relay station (CARS) and
the operator or operators responsible for the proper operation of the
station are expected to be familiar with the rules governing CARS
stations. Copies of the Commission's rules may be obtained from the
Superintendent of Documents, Government Publishing Office, Washington,
DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov
or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
[FR Doc. 2018-06029 Filed 3-29-18; 8:45 am]
BILLING CODE 6712-01-P