LPTV, TV Translator, and FM Broadcast Station Reimbursement; Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, 43556-43557 [2018-17945]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Rules and Regulations]
[Pages 43556-43557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17945]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 18-214, 12-268; FCC 18-113]


LPTV, TV Translator, and FM Broadcast Station Reimbursement; 
Expanding the Economic and Innovation Opportunities of Spectrum Through 
Incentive Auctions

AGENCY: Federal Communications Commission.

ACTION: Final action.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission directs the Media Bureau to 
engage a contractor to assist in the reimbursement process and 
administration of the Reimbursement Fund for LPTV, TV translator, and 
FM stations, and also directs the Bureau to make determinations 
regarding eligible costs and the reimbursement process, such as 
calculating the amount of allocations to eligible entities and seeking 
comment on a revised Catalog of Eligible Expenses. The Commission also 
determines that the Media Bureau will announce, pursuant to the 
requirements in the Reimbursement Expansion Act, when the reimbursement 
program for all entities eligible for reimbursement pursuant to the 
Spectrum Act and the Reimbursement Expansion Act will end. Finally, the 
Commission interprets the Reimbursement Expansion Act as providing at 
least $50 million for use by the Commission to fund its efforts to 
educate consumers about the reorganization of broadcast television 
spectrum under the United States Code.

DATES: This action is effective August 27, 2018.

FOR FURTHER INFORMATION CONTACT: Maria Mullarkey, 
[email protected], of the Media Bureau, Policy Division, (202) 
418-2120. For additional information concerning the Paperwork Reduction 
Act information collection requirements contained in this document, 
contact Cathy Williams at (202) 418-2918 or send an email to 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 18-113, adopted on August 2, 2018, and released on August 3, 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, Federal Communications Commission, 445 
12th Street SW, CY-A257, 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).
    The Order does not contain new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995. In 
addition, therefore, it does not contain any new or modified 
information collection burdens for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002.

I. Order

    1. Reimbursement Contractor. Similar to the approach the Commission 
took with respect to full power, Class A, and MVPD entities,\1\ we 
direct the Media Bureau to engage a contractor to assist in the 
reimbursement process and administration of the Reimbursement Fund for 
LPTV/translator and FM stations. We direct the Media Bureau to engage a 
third-party contractor to assist in the reimbursement process, which 
will be overseen by the Bureau.
---------------------------------------------------------------------------

    \1\ See Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auctions, Report and Order, 29 FCC Rcd 
6567, 6820, paras. 618-19 (2014), 79 FR 48442 (Aug. 15, 2014), 
(Incentive Auction R&O).
---------------------------------------------------------------------------

    2. Reimbursement Process. We direct the Media Bureau to revise the 
forms to be used by eligible LPTV/translator and FM stations to claim 
reimbursement from the Reimbursement Fund and for any other 
Reimbursement Fund-related purposes. We also direct the Media Bureau to 
calculate the amount of the allocations to eligible entities from the 
Reimbursement Fund, develop a revised Catalog of Eligible Expenses, and 
make other determinations regarding eligible costs and the 
reimbursement process. Finally, we direct the Media Bureau to implement 
the necessary policies and procedures relating to eligibility 
certifications, allocations, draw downs, payments, obligations, and 
expenditures of money from the Reimbursement Fund in order to protect 
against waste, fraud, and abuse and in the event of bankruptcy. Given 
the importance of maintaining the integrity of the Fund, the Media 
Bureau will consult with the Office of General Counsel and the Office 
of the Managing Director in acting pursuant to this direction.
    3. Reimbursement Period. The Reimbursement Expansion Act \2\ 
provides that the Commission must make all reimbursements using the 
additional funds appropriated by the Reimbursement Expansion Act to the 
Reimbursement Fund by July 3, 2023.\3\ With respect to LPTV/translators 
and FM stations, we authorize the Media Bureau to announce, in one or 
more public notices to be issued following the

[[Page 43557]]

adoption of an Order, the date by which these entities must file their 
Eligibility Certification, when allocations to these entities will be 
made, the deadline by which these entities must file any remaining 
requests for reimbursement, and the final date when reimbursement funds 
will be issued.
---------------------------------------------------------------------------

    \2\ See Consolidated Appropriations Act, 2018, Public Law 115-
141, at Division E, Title V, sec. 511, 132 Stat. 348 (2018) 
(codified at 47 U.S.C. 1452(j)-(n)).
    \3\ See 47 U.S.C. 1452(j)(3)(B). Section 511(j)(3)(C) provides 
that, if all reimbursements pursuant to the Spectrum Act and the 
Reimbursement Expansion Act have been made before July 3, 2023, 
``the Commission shall submit to the Secretary of the Treasury a 
certification that all such reimbursements have been made.'' Id. 
sec. 1452(j)(3)(C). In addition, the Reimbursement Expansion Act 
provides that reimbursement payments to LPTV/translator and FM 
stations may not be made after April 13, 2020 unless the Commission 
``submits to Congress a certification that such payments are 
necessary to reimburse costs reasonably incurred'' by such stations. 
See id. sec. 1452(j)(2)(C)(ii), (iii).
---------------------------------------------------------------------------

    4. The Commission indicated in the Incentive Auction R&O that the 
Media Bureau will announce the date by which full power, Class A, and 
MVPD entities must submit their final expense documentation to the 
Commission.\4\ At the time of that delegation, the Spectrum Act imposed 
a deadline for the Commission to make all required reimbursements to 
full power, Class A, and MVPD entities of April 13, 2020.\5\ The 
Reimbursement Expansion Act permits the Commission to extend the 
deadline for reimbursements to full power, Class A, and MVPD entities, 
from the funds appropriated for this purpose by the Reimbursement 
Expansion Act, beyond April 13, 2020,\6\ but no later than July 3, 
2023, as long as the certification requirements set forth in the 
Reimbursement Expansion Act are met.\7\ The Incentive Auction R&O 
stated that the Media Bureau may announce the final date reimbursement 
funds will be issued to full power and Class A stations and MVPDs and a 
deadline for the submission of final expense documentation, and we 
clarify that the Bureau also is authorized to set deadlines for funds 
appropriated by the Reimbursement Expansion Act.
---------------------------------------------------------------------------

    \4\ See Incentive Auction R&O, 29 FCC Rcd at 6819, para. 617.
    \5\ The deadline for full power and Class A stations to 
transition to their new channels is July 13, 2020.
    \6\ 47 U.S.C. 1452(j)(2)(C)(i).
    \7\ Id. sec. 1452(j)(3)(B).
---------------------------------------------------------------------------

    5. Consumer Education. The Reimbursement Expansion Act provides 
that at least $50 million from the funds appropriated to the 
Reimbursement Fund will be available to the Commission to make 
``payments solely for the purposes of consumer education relating to 
the reorganization of broadcast television spectrum'' under 47 U.S.C. 
1452(b).\8\ We interpret this provision as providing at least $50 
million for use by the Commission to fund its efforts to educate 
consumers about the reorganization of broadcast television spectrum 
under 47 U.S.C. 1452(b), with any unused funds to be returned to the 
U.S. Treasury. We anticipate, among other initiatives, hosting a 
dedicated consumer service call center to provide consumers technical 
support and assistance on such matters as rescanning and other means to 
resolve potential reception issues. We also intend to perform targeted 
outreach to specific communities about rescanning, and, where 
appropriate, we may use local media or other outreach to disseminate 
rescanning information. Consumer education funding could also be used 
in developing additional online resources to support consumers. In all 
our activities, we will coordinate closely with industry stakeholders 
to ensure that our consumer education efforts are complementary to, and 
not duplicative of, industry efforts. In so doing, we will guard 
against unnecessary or wasteful spending. We welcome input from 
consumers and industry on other ways we can best use the funding to 
help mitigate disruption by consumers during the transition period.
---------------------------------------------------------------------------

    \8\ Id. sec. 1452(j)(2)(A)(iv).
---------------------------------------------------------------------------

II. Procedural Matters

A. Final Regulatory Flexibility Act Analysis

    6. Because the actions taken in the Order do not require notice and 
comment, the Regulatory Flexibility Act does not apply.

III. Ordering Clauses

    7. It is ordered that, pursuant to the authority contained in 
Sections 1, 4, 5(b), 5(c), 303, and 336(f) of the Communications Act of 
1934, as amended, Section 6403 of the Middle Class Tax Relief and Job 
Creation Act of 2012, and Section 511, Division E, Title V of the 
Consolidated Appropriations Act, 2018, Pub. L. 115-141 (2018), 47 
U.S.C. 151, 154, 155(b), 155(c), 303, 336(f), 1452, the Order is 
adopted and will become effective on August 27, 2018.
    8. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order to the Chief Counsel for Advocacy of the Small 
Business Administration.
    9. It is further ordered that the Commission will send a copy of 
the Order in a report to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act (CRA), see 5 U.S.C. 
801(a)(1)(A).

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2018-17945 Filed 8-24-18; 8:45 am]
 BILLING CODE 6712-01-P