Procedural Revisions to the Filing of Open Video System Certification Applications, 61134-61136 [2018-25913]
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Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS
1. The authority citation for part 51
continues to read as follows:
■
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
Subpart F—Procedural Requirements
2. Section 51.100 is amended by
revising paragraph (s)(1) introductory
text to read as follows:
■
§ 51.100
Definitions.
*
*
*
*
*
(s) * * *
(1) This includes any such organic
compound other than the following,
which have been determined to have
negligible photochemical reactivity:
Methane; ethane; methylene chloride
(dichloromethane); 1,1,1-trichloroethane
(methyl chloroform); 1,1,2-trichloro1,2,2-trifluoroethane (CFC–113);
trichlorofluoromethane (CFC–11);
dichlorodifluoromethane (CFC–12);
chlorodifluoromethane (HCFC–22);
trifluoromethane (HFC–23); 1,2-dichloro
1,1,2,2-tetrafluoroethane (CFC–114);
chloropentafluoroethane (CFC–115);
1,1,1-trifluoro 2,2-dichloroethane
(HCFC–123); 1,1,1,2-tetrafluoroethane
(HFC–134a); 1,1-dichloro 1-fluoroethane
(HCFC–141b); 1-chloro 1,1difluoroethane (HCFC–142b); 2-chloro1,1,1,2-tetrafluoroethane (HCFC–124);
pentafluoroethane (HFC–125); 1,1,2,2tetrafluoroethane (HFC–134); 1,1,1trifluoroethane (HFC–143a); 1,1difluoroethane (HFC–152a);
parachlorobenzotrifluoride (PCBTF);
cyclic, branched, or linear completely
methylated siloxanes; acetone;
perchloroethylene (tetrachloroethylene);
3,3-dichloro-1,1,1,2,2pentafluoropropane (HCFC–225ca); 1,3dichloro-1,1,2,2,3-pentafluoropropane
(HCFC–225cb); 1,1,1,2,3,4,4,5,5,5decafluoropentane (HFC 43–10mee);
difluoromethane (HFC–32);
ethylfluoride (HFC–161); 1,1,1,3,3,3hexafluoropropane (HFC–236fa);
1,1,2,2,3-pentafluoropropane (HFC–
245ca); 1,1,2,3,3-pentafluoropropane
(HFC–245ea); 1,1,1,2,3pentafluoropropane (HFC–245eb);
1,1,1,3,3-pentafluoropropane (HFC–
245fa); 1,1,1,2,3,3-hexafluoropropane
(HFC–236ea); 1,1,1,3,3pentafluorobutane (HFC–365mfc);
chlorofluoromethane (HCFC–31); 1
chloro-1-fluoroethane (HCFC–151a); 1,2dichloro-1,1,2-trifluoroethane (HCFC–
123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4methoxy-butane (C4F9OCH3 or HFE–
7100); 2-(difluoromethoxymethyl)-
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1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5 or HFE–7200); 2(ethoxydifluoromethyl)-1,1,1,2,3,3,3heptafluoropropane
((CF3)2CFCF2OC2H5); methyl acetate;
1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (n-C3F7OCH3, HFE–7000); 3ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6dodecafluoro-2-(trifluoromethyl) hexane
(HFE–7500); 1,1,1,2,3,3,3heptafluoropropane (HFC 227ea);
methyl formate (HCOOCH3);
1,1,1,2,2,3,4,5,5,5-decafluoro-3methoxy-4-trifluoromethyl-pentane
(HFE–7300); propylene carbonate;
dimethyl carbonate; trans-1,3,3,3tetrafluoropropene; HCF2OCF2H (HFE–
134); HCF2OCF2OCF2H (HFE–236cal2);
HCF2OCF2CF2OCF2H (HFE–338pcc13);
HCF2OCF2OCF2CF2OCF2H (H-Galden
1040x or H-Galden ZT 130 (or 150 or
180)); trans 1-chloro-3,3,3-trifluoroprop1-ene; 2,3,3,3-tetrafluoropropene; 2amino-2-methyl-1-propanol; t-butyl
acetate; 1,1,2,2- Tetrafluoro -1-(2,2,2trifluoroethoxy) ethane; cis-1,1,1,4,4,4hexafluorobut-2-ene (HFO–1336mzz-Z);
and perfluorocarbon compounds which
fall into these classes:
*
*
*
*
*
[FR Doc. 2018–25891 Filed 11–27–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 17–105; FCC 18–150]
Procedural Revisions to the Filing of
Open Video System Certification
Applications
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) modernizes the Open
Video System (OVS) filing procedures
by specifying that OVS applications be
required to send certification
applications, including FCC Form 1275
and all attachments, as well as notices
of intent, via electronic email (email)
delivery to a designated Commission
email address. The FCC also eliminates
certain existing requirements associated
with the rule. Parties wishing to
respond to a FCC Form 1275 filing must
submit comments or oppositions via
electronic mail (email).
DATES: Effective date: November 28,
2018.
SUMMARY:
PO 00000
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For
additional information on this
proceeding, contact Sonia Greenaway
Mickle, Sonia.Greenaway@fcc.gov, of
the Policy Division, Media Bureau, (202)
418–1419.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
FCC 18–150, adopted and released on
October 25, 2018. The full text of this
document is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street SW, Room
CY–A257, Washington, DC 20554. This
document will also be available via
ECFS at https://fjallfoss.fcc.gov/ecfs/.
Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. Copies of the
materials can be obtained from the
FCC’s Reference Information Center at
(202) 418–0270. 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).
FOR FURTHER INFORMATION CONTACT:
Synopsis
1. The Commission in this Order
establishes electronic filing procedures
for parties seeking to operate an Open
Video System (OVS) to submit a
certification application and notice of
intent. By replacing our current paper
filing requirements for OVS applications
and notices with an electronic filing
system, this Order modernizes our
regulations, reduces burdens for OVS
applicants, and increases the efficiency
of the Commission’s processing of
applications.
2. The Telecommunications Act of
1996 added section 653 to the
Communications Act of 1934, as
amended (the Act), establishing OVS as
a new framework for entry into the
multichannel video programming
distribution marketplace.1 Any party
1 Telecommunications Act of 1996, Public Law
104–104, 110 Stat. 56, approved February 8, 1996.
An open video system is similar to a cable system
in that it is a facilities-based system for the delivery
of video programming. Unlike cable systems,
however, open video systems must set aside up to
two thirds of their channel capacity for the delivery
of independent programming of third parties. The
OVS framework was established to provide
competition and lower barriers to entry in the
provision of video programming to consumers. See
Implementation of Section 302 of the
Telecommunications Act of 1996, Open Video
Systems, 11 FCC Rcd 18223, 18227, para. 2–3 (1996)
(Second Report and Order). The approach
developed for the OVS model provides streamlined
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Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations
seeking to operate an OVS must file an
application to be certified as an OVS
operator on FCC Form 1275 2 as well as
a ‘‘notice of intent’’ to establish an
OVS.3 At present, parties cannot file
these documents electronically. Instead,
they must file paper copies of both
documents with the Office of the
Secretary and the Office of the Chief of
the Media Bureau 4 and file the
certification application on a computer
disk. The documents are then delivered
to the Media Bureau staff who process
and review them. After a Form 1275
certification application is processed by
Media Bureau staff, a public notice is
published on the Commission’s website.
Comments or oppositions to
certification applications must be filed
within five calendar days of the date the
application is received at the
Commission.5 Pursuant to Section 653,
the Commission must act to approve or
disapprove any OVS certification
request within ten days of its receipt.6
To implement this statutory
requirement, the Commission’s rules
provide that ‘‘[i]f the Commission does
not disapprove the certification
application within ten days after receipt
of an applicant’s request, the
certification application will be deemed
approved.’’ 7 Media Bureau staff also
regulations and reduced regulatory burdens. See 47
U.S.C. 573(c).
2 47 U.S.C. 573(a)(1); 47 CFR 76.1502. The Form
1275 includes facts and representations regarding
the OVS applicant and system information,
including the anticipated communities or area to be
served upon completion of the open video system.
See https://transition.fcc.gov/Forms/Form1275/
1275.pdf.
3 47 CFR 76.1503(b)(1). In order to commence the
channel allocation process, an OVS operator is
required to file a notice of intent with the
Commission. A notice of intent provides details
regarding the operator’s projected channel capacity,
service area, and other technical information about
the operator’s system. Second Report and Order, 11
FCC Rcd at 18252, para. 45.
4 See Second Report and Order, 11 FCC Rcd at
18247, para. 34 (1996) (stating that ‘‘hard copies of
the [Form 1275] certification forms be filed with the
Office of the Secretary, Federal Communications
Commission’’); see also id. at Appendix C (‘‘A hard
copy of FCC Form 1275 and all attachments must
be filed with the Office of the Secretary, Federal
Communications Commission . . . and with the
Office of the Bureau Chief, Cable Services Bureau’’).
The Cable Services Bureau was superseded by the
Media Bureau in 2002. See Establishment of the
Media Bureau and Other Organizational Changes,
Order, 17 FCC Rcd 4510 (2002); see also 47 CFR
76.1503(b)(1) (stating that Notices of Intent must be
filed with the Secretary of the Federal
Communications Commission and directed to the
Media Bureau). Some of the specific filing
requirements do not appear in the OVS rules, but
in other locations such as in the instructions for
FCC Form 1275.
5 47 CFR 76.1502(e)(1).
6 47 U.S.C. 573(a)(1).
7 47 CFR 76.1502(f).
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provide public notice of OVS notices of
intent.8
3. Because electronic filing is a more
modern and efficient way for parties to
file and for Commission staff to receive
applications, we conclude that the OVS
paper filing requirements have outlived
their usefulness. The Commission has
moved to electronic filing for other
applications and filings.9 Moreover, the
nature of the OVS application process
necessitates immediate receipt by
appropriate staff, which can better be
assured via electronic means. On several
recent occasions, tracking down OVS
applications mailed to Commission
headquarters has been time consuming
for staff and has caused processing
delays. In addition, the requirement to
file the certification application on a
computer disk is an unnecessary,
duplicative, and outdated mode of
information delivery. Given the very
short deadline by which the
Commission must act on OVS
certification applications, processing
delays and outdated requirements have
proven to be problematic for both the
staff of the Media Bureau and OVS
applicants.10
4. Therefore, we modify the
procedural rules for the filing of OVS
certification applications and notices of
intent to make the process less
burdensome for applicants and to
ensure that these documents are timely
received by Commission staff.11 We
8 47
CFR 76.1503(b)(1).
e.g., Amendment of Certain of the
Commission’s Part 1 Rules of Practice and
Procedure Relating to the Filing of Formal
Complaints Under Section 208 of the
Communications Act and Pole Attachment
Complaints Under Section 224 of the
Communications Act, Order, 79 FR 73844, Dec. 12,
2014, 29 FCC Rcd 14078 (2014).
10 In at least one recent case, an OVS application
was received by Media Bureau staff weeks after it
was received at the Commission. The Media Bureau
failed to have an opportunity to place the
application on Public Notice or to review and assess
the application within the ten-day timeframe
specified by the Communications Act and the
Commission’s rules, and the application was
deemed approved by operation of law. After
reviewing the OVS certification application, it was
deemed deficient, requiring the Media Bureau to
adopt a sua sponte Order on Reconsideration
revoking the OVS certification. See Digital
Broadcasting Certification to Operate an Open
Video System, 32 FCC Rcd 3149 (MB 2017).
11 The rule revisions adopted in this Order and
set forth in the Final Rules section are procedural
in nature. Because they modify existing agency
procedural rules, notice and comment procedures
are not required under the Administrative
Procedure Act. See 5 U.S.C. 553(b) (stating that
notice and comment requirements do not apply to
rules of agency procedure); Amendment of Certain
of the Commission’s Part 1 Rules of Practice and
Procedure and Part 0 Rules of Commission
Organization, Notice of Proposed Rulemaking, 75
FR 14401, March 25, 2010, 25 FCC Rcd 2430, 2430,
para. 1 n.1; 2434, para. 11 n.15; 2436, para. 16 n.23
(2010); Amendment of Certain of the Commission’s
9 See,
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
61135
conclude that the most efficient process
is for OVS applicants to send
certification applications, including
FCC Form 1275 and all attachments, as
well as notices of intent, via electronic
mail (email) delivery to a designated
Commission email address.12
Specifically, under the rule we adopt
here, when filing a certification
application or notice of intent,
applicants will be required to send all
documents to the following email
address: OVS@fcc.gov. Comments or
oppositions also will be required to be
sent via email to this same designated
email address.13 The rule changes in
this Order do not affect the requirement
that the certification application must
be served on all local communities in
which the applicant intends to
operate.14 We note that the rule changes
adopted herein involve a nonsubstantive change to an approved
information collection for which we
must obtain Office of Management and
Budget (OMB) approval under the
Paperwork Reduction Act (PRA) before
the rule changes can take effect. To
expedite the ability of parties and staff
to utilize these new procedures, we
make these rule revisions effective upon
publication of the Order in the Federal
Register. The requirement that
publication of a ‘‘substantive’’ rule be
made at least 30 days before its effective
date does not apply to the procedural
rules adopted in this Order.15
Part 1 Rules of Practice and Procedure and Part 0
Rules of Commission Organization, Report and
Order, 76 FR 24383, May 2, 2011, 26 FCC Rcd 1594,
1598, para. 10 n.23; 1600, para. 15 n.44 (2011)
(notice and comment is not required for procedural
changes).
12 Because the certification application will be
electronically delivered to a designated OVS email
box, a specific cover sheet identifying the filing as
an ‘‘OVS Certification Application’’ and ‘‘Attention:
Media Bureau’’ is no longer necessary. Therefore,
we are eliminating the requirement that a cover
sheet be filed with a certification application,
comments, or oppositions. See 47 CFR
76.1502(d)(2), (e)(2). We also are eliminating the
cover sheet requirements for notices of intent. See
47 CFR 76.1503(b)(1). In addition, computer disks
are no longer required to be filed.
13 See the Final Rules section. As under the
current rule, comments or oppositions to a
certification must be served on the party that filed
the certification. 47 CFR 76.1502(e)(1).
14 See 47 CFR 76.1502(d)(1); see also 47 CFR
76.1502(f) (requiring that, if an application is
disapproved, a refiled application must be served
on any objecting party or parties and on all local
communities in which the applicant intends to
operate); 47 CFR 76.1503(b)(1)(viii) (requiring that
a notice of intent be served on all local franchising
authorities).
15 See 5 U.S.C. 553(d)(3) (stating that publication
of a ‘‘substantive’’ rule shall be made not less than
30 days before its effective date, except . . . as
otherwise provided by the agency for good cause
found and published with the rule). We anticipate
that these new procedures will significantly
decrease the likelihood that a certification
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Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations
5. Paperwork Reduction Act. This
document contains a non-substantive
and non-material modification of
information collection requirements that
were previously reviewed and approved
by OMB pursuant to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13.16 Filing burdens are
reduced with the use of email filings to
the Commission.
6. Congressional Review Act. The
Commission will send a copy of this
Order to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
7. Accordingly, it is ordered that part
76 of the Commission’s rules is
amended, as set forth in the Final Rules
section, pursuant to the authority
contained in sections 4(i), 303(r), and
653 of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 303(r),
and 573.
8. It is further ordered that this Order
and the rule changes adopted herein
shall be effective upon publication in
the Federal Register.
List of Subjects in 47 CFR Part 76
Administrative practice and
procedure, Cable television, Reporting
and recordkeeping requirements.
application will fail to reach Media Bureau staff
prior to the time that it is deemed approved. We
likewise expect that, since the new procedures will
decrease filing burdens on applicants and other
filers, no filing party or opponent of an OVS
application is likely to be prejudiced by the rules
taking effect upon publication of the Order in the
Federal Register.
16 See OMB, Notice of Office of Management and
Budget Action, ICR Reference No. 201604–3060–
006, OMB Control No. 3060–0700 (May 23, 2016),
https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201604-3060-006# (select the
‘‘Retrieve Notice of Action (NOA)’’ hyperlink); 5
CFR 1320.5(g) (stating that an agency may not make
‘‘a substantive or material modification to a
collection of information’’ after such collection of
information has been approved by OMB, unless the
modification has been submitted to OMB for review
and approval under 5 U.S.C. part 1320).
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Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 76 as
follows:
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
1. 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, 573.
2. Amend § 76.1502 by revising
paragraphs (d), (e)(2), and (f) to read as
follows:
■
§ 76.1502
Certification.
*
*
*
*
*
(d)(1) All open video system
certification applications, including
FCC Form 1275 and all attachments,
must be filed via electronic mail (email)
at the following address: OVS@fcc.gov.
The subject line shall read ‘‘Open Video
System Certification Application.’’
Open video system certification
applications will not be considered
properly filed unless filed as described
in this paragraph (d).
(2) On or before the date an FCC Form
1275 is filed with the Commission, the
applicant must serve a copy of its filing
on all local communities identified
pursuant to paragraph (c)(6) of this
section and must include a statement
informing the local communities of the
Commission’s requirements in
paragraph (e) of this section for filing
oppositions and comments. Service by
mail is complete upon mailing, but if
mailed, the served documents must be
postmarked at least 3 days prior to the
filing of the FCC Form 1275 with the
Commission.
(e) * * *
(2) Parties wishing to respond to a
FCC Form 1275 filing must submit
comments or oppositions via electronic
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mail (email) at the following address:
OVS@fcc.gov. The subject line shall
read ‘‘Open Video System Certification
Application Comments.’’ Comments and
oppositions will not be considered
properly filed unless filed as described
in this paragraph (e).
(f) If the Commission does not
disapprove the certification application
within ten days after receipt of an
applicant’s request, the certification
application will be deemed approved. If
disapproved, the applicant may file a
revised certification or refile its original
submission with a statement addressing
the issues in dispute in accordance with
the procedures described in paragraph
(d) of this section. Such refilings must
be served on any objecting party or
parties and on all local communities in
which the applicant intends to operate
pursuant to instructions in paragraph
(d)(2) of this section. The Commission
will consider any revised or refiled FCC
Form 1275 to be a new proceeding and
any party who filed comments regarding
the original FCC Form 1275 will have to
refile their original comments if they
think such comments should be
considered in the subsequent
proceeding.
■ 3. Amend § 76.1503 by revising
paragraph (b)(1) introductory text to
read as follows:
§ 76.1503 Carriage of video programming
providers on open video systems.
*
*
*
*
*
(b) * * *
(1) Notification. An open video
system operator shall file a ‘‘Notice of
Intent’’ to establish an open video
system, which the Commission will
release in a Public Notice. The Notice of
Intent must be filed via electronic mail
(email) at the following address: OVS@
fcc.gov. The subject line shall read
‘‘Open Video System Notice of Intent.’’
An Open Video system notice of intent
will not be considered properly filed
unless filed as described in this
paragraph (b). This Notice of Intent shall
include the following information:
*
*
*
*
*
[FR Doc. 2018–25913 Filed 11–27–18; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\28NOR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Rules and Regulations]
[Pages 61134-61136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25913]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 17-105; FCC 18-150]
Procedural Revisions to the Filing of Open Video System
Certification Applications
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) modernizes the Open Video System (OVS) filing procedures
by specifying that OVS applications be required to send certification
applications, including FCC Form 1275 and all attachments, as well as
notices of intent, via electronic email (email) delivery to a
designated Commission email address. The FCC also eliminates certain
existing requirements associated with the rule. Parties wishing to
respond to a FCC Form 1275 filing must submit comments or oppositions
via electronic mail (email).
DATES: Effective date: November 28, 2018.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Sonia Greenaway Mickle, [email protected], of
the Policy Division, Media Bureau, (202) 418-1419.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 18-150, adopted and released on October 25, 2018. The full text of
this document is available for public inspection and copying during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW, Room CY-A257,
Washington, DC 20554. This document will also be available via ECFS at
https://fjallfoss.fcc.gov/ecfs/. Documents will be available
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. Copies
of the materials can be obtained from the FCC's Reference Information
Center at (202) 418-0270. 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
1. The Commission in this Order establishes electronic filing
procedures for parties seeking to operate an Open Video System (OVS) to
submit a certification application and notice of intent. By replacing
our current paper filing requirements for OVS applications and notices
with an electronic filing system, this Order modernizes our
regulations, reduces burdens for OVS applicants, and increases the
efficiency of the Commission's processing of applications.
2. The Telecommunications Act of 1996 added section 653 to the
Communications Act of 1934, as amended (the Act), establishing OVS as a
new framework for entry into the multichannel video programming
distribution marketplace.\1\ Any party
[[Page 61135]]
seeking to operate an OVS must file an application to be certified as
an OVS operator on FCC Form 1275 \2\ as well as a ``notice of intent''
to establish an OVS.\3\ At present, parties cannot file these documents
electronically. Instead, they must file paper copies of both documents
with the Office of the Secretary and the Office of the Chief of the
Media Bureau \4\ and file the certification application on a computer
disk. The documents are then delivered to the Media Bureau staff who
process and review them. After a Form 1275 certification application is
processed by Media Bureau staff, a public notice is published on the
Commission's website. Comments or oppositions to certification
applications must be filed within five calendar days of the date the
application is received at the Commission.\5\ Pursuant to Section 653,
the Commission must act to approve or disapprove any OVS certification
request within ten days of its receipt.\6\ To implement this statutory
requirement, the Commission's rules provide that ``[i]f the Commission
does not disapprove the certification application within ten days after
receipt of an applicant's request, the certification application will
be deemed approved.'' \7\ Media Bureau staff also provide public notice
of OVS notices of intent.\8\
---------------------------------------------------------------------------
\1\ Telecommunications Act of 1996, Public Law 104-104, 110
Stat. 56, approved February 8, 1996. An open video system is similar
to a cable system in that it is a facilities-based system for the
delivery of video programming. Unlike cable systems, however, open
video systems must set aside up to two thirds of their channel
capacity for the delivery of independent programming of third
parties. The OVS framework was established to provide competition
and lower barriers to entry in the provision of video programming to
consumers. See Implementation of Section 302 of the
Telecommunications Act of 1996, Open Video Systems, 11 FCC Rcd
18223, 18227, para. 2-3 (1996) (Second Report and Order). The
approach developed for the OVS model provides streamlined
regulations and reduced regulatory burdens. See 47 U.S.C. 573(c).
\2\ 47 U.S.C. 573(a)(1); 47 CFR 76.1502. The Form 1275 includes
facts and representations regarding the OVS applicant and system
information, including the anticipated communities or area to be
served upon completion of the open video system. See https://transition.fcc.gov/Forms/Form1275/1275.pdf.
\3\ 47 CFR 76.1503(b)(1). In order to commence the channel
allocation process, an OVS operator is required to file a notice of
intent with the Commission. A notice of intent provides details
regarding the operator's projected channel capacity, service area,
and other technical information about the operator's system. Second
Report and Order, 11 FCC Rcd at 18252, para. 45.
\4\ See Second Report and Order, 11 FCC Rcd at 18247, para. 34
(1996) (stating that ``hard copies of the [Form 1275] certification
forms be filed with the Office of the Secretary, Federal
Communications Commission''); see also id. at Appendix C (``A hard
copy of FCC Form 1275 and all attachments must be filed with the
Office of the Secretary, Federal Communications Commission . . . and
with the Office of the Bureau Chief, Cable Services Bureau''). The
Cable Services Bureau was superseded by the Media Bureau in 2002.
See Establishment of the Media Bureau and Other Organizational
Changes, Order, 17 FCC Rcd 4510 (2002); see also 47 CFR
76.1503(b)(1) (stating that Notices of Intent must be filed with the
Secretary of the Federal Communications Commission and directed to
the Media Bureau). Some of the specific filing requirements do not
appear in the OVS rules, but in other locations such as in the
instructions for FCC Form 1275.
\5\ 47 CFR 76.1502(e)(1).
\6\ 47 U.S.C. 573(a)(1).
\7\ 47 CFR 76.1502(f).
\8\ 47 CFR 76.1503(b)(1).
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3. Because electronic filing is a more modern and efficient way for
parties to file and for Commission staff to receive applications, we
conclude that the OVS paper filing requirements have outlived their
usefulness. The Commission has moved to electronic filing for other
applications and filings.\9\ Moreover, the nature of the OVS
application process necessitates immediate receipt by appropriate
staff, which can better be assured via electronic means. On several
recent occasions, tracking down OVS applications mailed to Commission
headquarters has been time consuming for staff and has caused
processing delays. In addition, the requirement to file the
certification application on a computer disk is an unnecessary,
duplicative, and outdated mode of information delivery. Given the very
short deadline by which the Commission must act on OVS certification
applications, processing delays and outdated requirements have proven
to be problematic for both the staff of the Media Bureau and OVS
applicants.\10\
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\9\ See, e.g., Amendment of Certain of the Commission's Part 1
Rules of Practice and Procedure Relating to the Filing of Formal
Complaints Under Section 208 of the Communications Act and Pole
Attachment Complaints Under Section 224 of the Communications Act,
Order, 79 FR 73844, Dec. 12, 2014, 29 FCC Rcd 14078 (2014).
\10\ In at least one recent case, an OVS application was
received by Media Bureau staff weeks after it was received at the
Commission. The Media Bureau failed to have an opportunity to place
the application on Public Notice or to review and assess the
application within the ten-day timeframe specified by the
Communications Act and the Commission's rules, and the application
was deemed approved by operation of law. After reviewing the OVS
certification application, it was deemed deficient, requiring the
Media Bureau to adopt a sua sponte Order on Reconsideration revoking
the OVS certification. See Digital Broadcasting Certification to
Operate an Open Video System, 32 FCC Rcd 3149 (MB 2017).
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4. Therefore, we modify the procedural rules for the filing of OVS
certification applications and notices of intent to make the process
less burdensome for applicants and to ensure that these documents are
timely received by Commission staff.\11\ We conclude that the most
efficient process is for OVS applicants to send certification
applications, including FCC Form 1275 and all attachments, as well as
notices of intent, via electronic mail (email) delivery to a designated
Commission email address.\12\ Specifically, under the rule we adopt
here, when filing a certification application or notice of intent,
applicants will be required to send all documents to the following
email address: [email protected]. Comments or oppositions also will be
required to be sent via email to this same designated email
address.\13\ The rule changes in this Order do not affect the
requirement that the certification application must be served on all
local communities in which the applicant intends to operate.\14\ We
note that the rule changes adopted herein involve a non-substantive
change to an approved information collection for which we must obtain
Office of Management and Budget (OMB) approval under the Paperwork
Reduction Act (PRA) before the rule changes can take effect. To
expedite the ability of parties and staff to utilize these new
procedures, we make these rule revisions effective upon publication of
the Order in the Federal Register. The requirement that publication of
a ``substantive'' rule be made at least 30 days before its effective
date does not apply to the procedural rules adopted in this Order.\15\
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\11\ The rule revisions adopted in this Order and set forth in
the Final Rules section are procedural in nature. Because they
modify existing agency procedural rules, notice and comment
procedures are not required under the Administrative Procedure Act.
See 5 U.S.C. 553(b) (stating that notice and comment requirements do
not apply to rules of agency procedure); Amendment of Certain of the
Commission's Part 1 Rules of Practice and Procedure and Part 0 Rules
of Commission Organization, Notice of Proposed Rulemaking, 75 FR
14401, March 25, 2010, 25 FCC Rcd 2430, 2430, para. 1 n.1; 2434,
para. 11 n.15; 2436, para. 16 n.23 (2010); Amendment of Certain of
the Commission's Part 1 Rules of Practice and Procedure and Part 0
Rules of Commission Organization, Report and Order, 76 FR 24383, May
2, 2011, 26 FCC Rcd 1594, 1598, para. 10 n.23; 1600, para. 15 n.44
(2011) (notice and comment is not required for procedural changes).
\12\ Because the certification application will be
electronically delivered to a designated OVS email box, a specific
cover sheet identifying the filing as an ``OVS Certification
Application'' and ``Attention: Media Bureau'' is no longer
necessary. Therefore, we are eliminating the requirement that a
cover sheet be filed with a certification application, comments, or
oppositions. See 47 CFR 76.1502(d)(2), (e)(2). We also are
eliminating the cover sheet requirements for notices of intent. See
47 CFR 76.1503(b)(1). In addition, computer disks are no longer
required to be filed.
\13\ See the Final Rules section. As under the current rule,
comments or oppositions to a certification must be served on the
party that filed the certification. 47 CFR 76.1502(e)(1).
\14\ See 47 CFR 76.1502(d)(1); see also 47 CFR 76.1502(f)
(requiring that, if an application is disapproved, a refiled
application must be served on any objecting party or parties and on
all local communities in which the applicant intends to operate); 47
CFR 76.1503(b)(1)(viii) (requiring that a notice of intent be served
on all local franchising authorities).
\15\ See 5 U.S.C. 553(d)(3) (stating that publication of a
``substantive'' rule shall be made not less than 30 days before its
effective date, except . . . as otherwise provided by the agency for
good cause found and published with the rule). We anticipate that
these new procedures will significantly decrease the likelihood that
a certification application will fail to reach Media Bureau staff
prior to the time that it is deemed approved. We likewise expect
that, since the new procedures will decrease filing burdens on
applicants and other filers, no filing party or opponent of an OVS
application is likely to be prejudiced by the rules taking effect
upon publication of the Order in the Federal Register.
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[[Page 61136]]
5. Paperwork Reduction Act. This document contains a non-
substantive and non-material modification of information collection
requirements that were previously reviewed and approved by OMB pursuant
to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13.\16\
Filing burdens are reduced with the use of email filings to the
Commission.
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\16\ See OMB, Notice of Office of Management and Budget Action,
ICR Reference No. 201604-3060-006, OMB Control No. 3060-0700 (May
23, 2016), https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201604-3060-006# (select the ``Retrieve Notice of
Action (NOA)'' hyperlink); 5 CFR 1320.5(g) (stating that an agency
may not make ``a substantive or material modification to a
collection of information'' after such collection of information has
been approved by OMB, unless the modification has been submitted to
OMB for review and approval under 5 U.S.C. part 1320).
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6. Congressional Review Act. The Commission will send a copy of
this Order to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
7. Accordingly, it is ordered that part 76 of the Commission's
rules is amended, as set forth in the Final Rules section, pursuant to
the authority contained in sections 4(i), 303(r), and 653 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and
573.
8. It is further ordered that this Order and the rule changes
adopted herein shall be effective upon publication in the Federal
Register.
List of Subjects in 47 CFR Part 76
Administrative practice and procedure, Cable television, Reporting
and recordkeeping requirements.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 76 as follows:
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
1. 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, 573.
0
2. Amend Sec. 76.1502 by revising paragraphs (d), (e)(2), and (f) to
read as follows:
Sec. 76.1502 Certification.
* * * * *
(d)(1) All open video system certification applications, including
FCC Form 1275 and all attachments, must be filed via electronic mail
(email) at the following address: [email protected]. The subject line shall
read ``Open Video System Certification Application.'' Open video system
certification applications will not be considered properly filed unless
filed as described in this paragraph (d).
(2) On or before the date an FCC Form 1275 is filed with the
Commission, the applicant must serve a copy of its filing on all local
communities identified pursuant to paragraph (c)(6) of this section and
must include a statement informing the local communities of the
Commission's requirements in paragraph (e) of this section for filing
oppositions and comments. Service by mail is complete upon mailing, but
if mailed, the served documents must be postmarked at least 3 days
prior to the filing of the FCC Form 1275 with the Commission.
(e) * * *
(2) Parties wishing to respond to a FCC Form 1275 filing must
submit comments or oppositions via electronic mail (email) at the
following address: [email protected]. The subject line shall read ``Open
Video System Certification Application Comments.'' Comments and
oppositions will not be considered properly filed unless filed as
described in this paragraph (e).
(f) If the Commission does not disapprove the certification
application within ten days after receipt of an applicant's request,
the certification application will be deemed approved. If disapproved,
the applicant may file a revised certification or refile its original
submission with a statement addressing the issues in dispute in
accordance with the procedures described in paragraph (d) of this
section. Such refilings must be served on any objecting party or
parties and on all local communities in which the applicant intends to
operate pursuant to instructions in paragraph (d)(2) of this section.
The Commission will consider any revised or refiled FCC Form 1275 to be
a new proceeding and any party who filed comments regarding the
original FCC Form 1275 will have to refile their original comments if
they think such comments should be considered in the subsequent
proceeding.
0
3. Amend Sec. 76.1503 by revising paragraph (b)(1) introductory text
to read as follows:
Sec. 76.1503 Carriage of video programming providers on open video
systems.
* * * * *
(b) * * *
(1) Notification. An open video system operator shall file a
``Notice of Intent'' to establish an open video system, which the
Commission will release in a Public Notice. The Notice of Intent must
be filed via electronic mail (email) at the following address:
[email protected]. The subject line shall read ``Open Video System Notice of
Intent.'' An Open Video system notice of intent will not be considered
properly filed unless filed as described in this paragraph (b). This
Notice of Intent shall include the following information:
* * * * *
[FR Doc. 2018-25913 Filed 11-27-18; 8:45 am]
BILLING CODE 6712-01-P
