Electronic Delivery of Notices to Broadcast Television Stations; Modernization of Media Regulation Initiative, 37979-37985 [2019-16338]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Proposed Rules]
[Pages 37979-37985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16338]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 74 and 76

[MB Docket Nos. 19-165, 17-105; FCC 19-68]


Electronic Delivery of Notices to Broadcast Television Stations; 
Modernization of Media Regulation Initiative

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) proposes to require that cable operators use email to 
deliver certain written notices to broadcast television stations. The 
proposal would require cable operators to email the notices to a 
designated inbox in the station's online public inspection file (OPIF). 
The FCC seeks comment on whether satellite TV providers should 
similarly be required to use email to deliver certain written notices 
to broadcast TV stations. In addition, the FCC also seeks comment on 
whether and how the proposal to require electronic delivery of notices 
can be applied to certain low power TV and noncommercial translator 
stations that are not required to maintain an OPIF.

DATES: Comments are due on or before September 4, 2019, and reply 
comments are due on or before September 19, 2019.

ADDRESSES: You may submit comments, identified by MB Docket Nos. 19-165 
and 17-105, by any of the following methods:
     Federal Communications Commission's website: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

[[Page 37980]]


FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Christopher Clark of the Industry Analysis 
Division, Media Bureau at [email protected], or (202) 418-2609.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 19-68, adopted and released on July 
10, 2019. The full text of this document is available electronically 
via the FCC's Electronic Document Management System (EDOCS) website at 
https://www.fcc.gov/document/fcc-proposes-updates-cable-satellite-tv-provider-notifications-0. 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).

Synopsis

    1. In this Notice of Proposed Rulemaking (NPRM), we propose to take 
additional steps to modernize the notification requirements in part 76 
of our rules governing cable television and other multichannel video 
programming services. Currently, the written notification requirements 
for cable operators are set forth in section 76.64(k) and subpart T of 
the Commission's rules, and the written notification requirements for 
direct broadcast satellite (DBS) providers are contained in sections 
76.54(e) and 76.66 of the Commission's rules. These rules direct cable 
operators and DBS providers, respectively, to give written notice to a 
local broadcast television station prior to deleting or repositioning 
the station, changing the location of the principal headend or local 
receive facility, or commencing service in a market, among other 
things. In addition to the required notices to broadcast television 
stations, the rules in subpart T also require that cable operators 
deliver written notices to their subscribers in certain circumstances.
    2. In December 2017, in response to proposals in the Modernization 
of Media Regulation Initiative proceeding calling for the modernization 
of these various notice requirements, the Commission released the 
Subscriber and Carriage Election Notices NPRM, MB Docket Nos. 17-317 
and 17-105, FCC 17-168, which proposed to allow electronic delivery of 
subpart T and privacy notices to subscribers if sent to a verified 
email address and subject to certain safeguards. In addition, the 
Subscriber and Carriage Election Notices NPRM sought comment on how to 
update the requirement in sections 76.64(h) and 76.66(d) of the 
Commission's rules that local broadcast stations electing carriage on a 
cable system send such written election notices by certified mail. The 
Commission subsequently adopted the proposals pertaining to electronic 
delivery of notices to subscribers and stated that the issue of 
carriage election notices made by broadcast television stations would 
be addressed in a future order. In September 2018, the American Cable 
Association (ACA), National Association of Broadcasters (NAB), and 
NCTA--The internet and Television Association (NCTA) met with 
Commission staff to discuss a proposal that contemplated requiring 
carriage election notices to be delivered via email. NAB and NCTA 
subsequently proposed that the Commission add a new field to both the 
online public inspection file (OPIF) and the Cable Operations and 
Licensing System (COALs) in order for commercial broadcast television 
stations and cable operators to provide carriage election contact 
information, including an email address and phone number.
    3. In a separate filing submitted in the carriage election notices 
modernization proceeding on October 16, 2018, ACA proposed that the 
Commission take ``comparable steps'' with respect to the notices 
required by section 76.64(k) and subpart T if the Commission allows 
carriage election notices to be delivered by means other than certified 
mail. Specifically, ACA contended that cable operators be permitted to 
provide the following types of notices to broadcast stations 
electronically:
     Intent to commence service (47 CFR 76.64(k)): Requires 
that a cable system commencing new operation notify all local 
commercial and noncommercial broadcast stations of its intent to 
commence service. The cable operator must send such notification, by 
certified mail, at least 60 days prior to commencing cable service.
     Activation of a cable system (47 CFR 76.1617): Requires 
that within 60 days of activation of a cable system, a cable operator 
must notify all qualified noncommercial educational (NCE) stations of 
the location of its designated principal headend by certified mail; 
notify all local commercial and NCE stations that may not be entitled 
to carriage because they either fail to meet the standards for delivery 
of a good quality signal to the cable system's principal headend or may 
cause increased copyright liability to the cable system; and send by 
certified mail a copy of a list of all broadcast television stations 
carried by the cable system and their channel positions to all local 
commercial and noncommercial television stations, including those not 
designated as must-carry stations and those not carried on the system.
     Deletion or repositioning of broadcast signals (47 CFR 
76.1601): Requires that a cable operator provide written notice to any 
broadcast television station at least 30 days prior to either deleting 
from carriage or repositioning that station.
     Principal headend (47 CFR 76.1607): Requires that a cable 
operator provide written notice by certified mail to all stations 
carried on its system pursuant to the must-carry rules at least 60 days 
prior to any change in the designation of the location of the principal 
headend.
     System technical integration requiring uniform election of 
must-carry or retransmission consent status (47 CFR 76.1608): Requires 
a cable system that changes its technical configuration in such a way 
as to integrate two formerly separate cable systems to give 90 days' 
notice of its intention to do so to any television broadcast stations 
that have elected must carry with respect to one system and 
retransmission consent status with respect to the other.
     Non-duplication and syndicated exclusivity (47 CFR 
76.1609): Requires that within 60 days following the provision of 
service to 1,000 subscribers, the operator of each such system must 
file a notice to that effect with the Commission, and serve a copy of 
that notice on every television station that would be entitled to 
exercise network non-duplication protection or syndicated exclusivity 
protection against it.
    4. As discussed further below, we propose to revise our rules to 
require that cable operators deliver electronically to broadcast 
television stations the written notices required by section 76.64(k) 
and subpart T of our rules via email to an email address designated by 
the station in its OPIF. We believe that modernizing our rules to 
require electronic delivery of certain written notices in this manner 
is consistent with how companies do business in the marketplace and 
will result in quicker, more effective

[[Page 37981]]

communication of necessary information.
    5. Specifically, we propose that written notices from cable 
operators would be required to be delivered electronically to 
television stations in all the circumstances cited by ACA above: 
Informing local broadcast stations that a new cable system intends to 
commence service (section 76.64(k)); sending required information to 
local broadcast stations when a new cable system is activated (section 
76.1617); notifying a television station about the deletion or 
repositioning of its signal (section 76.1601); informing stations of a 
change in the designation of the principal headend of a cable operator 
(section 76.1607); informing stations that a cable operator intends to 
integrate two cable systems, requiring a uniform carriage election 
(section 76.1608); and notifying stations that a cable system serves 
1,000 or more subscribers and is no longer exempt from the Commission's 
network non-duplication and syndicated exclusivity rules (section 
76.1609). Consistent with the Commission's decision in a companion 
order adopted today to require electronic delivery of carriage election 
notices, we tentatively conclude that our rules should also require 
that the notices described above to television stations be delivered to 
the email address designated by the television station in the OPIF.
    6. We tentatively conclude that requiring cable operators to 
deliver such notices to broadcast television stations via email would 
serve the public interest. As discussed above, the Commission has 
already decided in a companion order adopted today to require that 
carriage election notices from television stations be delivered to 
MVPDs electronically via email. Similarly, the Commission allows cable 
operators to use email to deliver subpart T and privacy notices to 
subscribers if the cable operator complies with certain consumer 
safeguards, including the use of a verified email address for each 
subscriber. The Commission found that the benefits of permitting email 
delivery of subscriber notices include increased efficiency and the 
positive environmental aspects of saving substantial amounts of paper 
annually, among other things. We tentatively conclude that similar 
policy considerations also favor the use of electronic delivery for 
notices from cable operators to broadcast television stations, such as 
decreasing the amount of paper used, reducing burdens on cable 
operators, and enabling television broadcasters and cable operators to 
more easily track the information they need to fulfill their 
obligations under the Commission's rules. We seek comment on our 
tentative conclusion that the public interest would be served by our 
proposal to require electronic delivery of notices mandated by section 
76.64(k) and the rules in subpart T listed above. Alternatively, is 
there any reason why a cable operator should retain the option to 
deliver such notices to broadcast television stations in a non-
electronic format, such as via certified mail?
    7. We tentatively conclude that the Commission has authority under 
the Communications Act of 1934, as amended (the Act), to require the 
section 76.64(k) and subpart T notices from cable operators to 
broadcast stations to be delivered electronically via email. Pursuant 
to sections 4 and 303 of the Act, the Commission may exercise broad 
authority to adopt rules and regulations as necessary to execute its 
functions and carry out the provisions of the Act. In addition, section 
614 of the Act provides the Commission with broad authority to issue 
regulations, including the notification requirements in section 
76.64(k) and subpart T of our rules, implementing the must-carry 
requirements prescribed by the Act. While sections 614(b)(9) and 
615(g)(3) of the Act require that ``written notice'' be provided before 
repositioning or deleting a local television station on the cable 
system, we tentatively conclude that electronic delivery of the notices 
via email satisfies this ``written notice'' requirement. As the 
Commission has found previously, emails, by their very nature, convey 
information in writing. We seek comment on these tentative conclusions.
    8. To ensure that television stations continue to receive notices 
from cable operators as required by section 76.64(k) and subpart T, we 
tentatively conclude that after July 31, 2020, a cable operator should 
be required to distribute such notices to television stations 
electronically via email to an email address designated by the station. 
In the Carriage Election Notice Modernization Order and FNPRM, MB 
Docket Nos. 17-317 and 17-105, FCC 19-69, the Commission adopted new 
rules requiring that all broadcast stations subject to the rules must 
maintain in the OPIF an up-to-date email address and phone number for 
carriage-related questions by July 31, 2020. Similarly, with respect to 
the written notices that cable operators are required to provide to 
television stations pursuant to section 76.64(k) and subpart T, we 
propose to require that after July 31, 2020, all such notices must be 
delivered electronically to the carriage election email address 
designated by the station in the OPIF. We tentatively conclude that 
requiring the use of a designated email address that the station posts 
to the OPIF will help ensure that cable operators are easily able to 
identify the correct email address for delivering notices 
electronically to commercial and noncommercial full-power and Class A 
television stations and that such contact information is current. 
Stations are expected to update the OPIF in a timely fashion and to 
maintain an orderly OPIF. We seek comment on these tentative 
conclusions.
    9. In some circumstances, a cable operator may be required to 
provide section 76.64(k) and subpart T notices to low power television 
(LPTV) stations that are not Class A stations or to certain NCE 
translator stations, neither of which are subject to the OPIF rules. 
Because these stations would need to use alternative means to publicize 
a designated email address for receiving notices electronically, we 
seek comment below on how our proposal to require electronic delivery 
of notices can be best applied to LPTV stations that are not Class A 
stations and to qualified NCE translator stations, to the extent they 
are entitled to receive the notices prescribed by section 76.64(k) and 
subpart T of our rules. The extent to which an LPTV station is entitled 
to receive notices pursuant to section 76.64(k) and subpart T of our 
rules depends on whether the station is a ``qualified'' LPTV station as 
defined in section 614 of the Act and section 76.55(d) of our rules. A 
qualified LPTV station can be either a Class A television station or a 
non-Class A LPTV station under section 614 of the Act. To be 
``qualified,'' an LPTV station must satisfy certain criteria. Unlike 
qualified LPTV stations, non-qualified LPTV stations do not have the 
option to elect must-carry status; however, like other broadcast 
stations, non-qualified LPTV stations are eligible to negotiate 
carriage pursuant to retransmission consent agreements. The Commission 
has previously concluded that qualified LPTV stations are entitled to 
receive notice from a cable operator at least 30 days before the 
operator deletes or repositions the station, in accordance with section 
76.1601 of our rules. To the extent that non-qualified LPTV stations 
are carried on a cable system pursuant to retransmission consent, 
however, such stations are also entitled to receive notices of deletion 
or repositioning pursuant to section 76.1601. Similarly, qualified LPTV 
stations that elect must-carry are entitled to receive the notices 
required by sections 76.64(k), 76.1607,

[[Page 37982]]

and 76.1617(b). In contrast, LPTV stations are not entitled to receive 
non-duplication and syndicated exclusivity notices under section 
76.1609, because our rules do not entitle these stations to exercise 
network non-duplication or syndicated exclusivity protection. 
Similarly, LPTV stations are not entitled to receive notices under 
sections 76.1608 and 76.1617(c), because these rules require notice 
only to ``television broadcast stations'' or ``television stations,'' 
which, as defined in section 76.5(b) of our rules, excludes LPTV 
stations. Finally, with respect to section 76.1617(a), which requires 
notices only to ``qualified NCE stations,'' LPTV stations are entitled 
to such notices only to the extent they meet the definition of 
qualified NCE television station set forth in section 76.55(a) of our 
rules.
    10. Because Class A stations, like full-power television stations, 
are subject to the OPIF rules, including the requirement to provide 
carriage election contact information in the OPIF, our proposal would 
require the use of the designated carriage election email address for 
electronic delivery of section 76.64(k) and subpart T notices to Class 
A stations. We seek comment on whether and how our proposal to require 
electronic delivery of section 76.64(k) and subpart T notices can be 
applied with respect to LPTV stations that are not Class A stations and 
to translator stations that meet the definition of a ``qualified NCE 
television station'' under section 615(l)(1) of the Act (qualified NCE 
translator stations). Unlike full-power and Class A television 
stations, non-Class A LPTV stations and qualified NCE translator 
stations are not subject to our OPIF rules. Accordingly, LPTV stations 
without Class A status and qualified NCE translator stations may need 
to use an alternative means to publicize a designated email address for 
receiving section 76.64(k) and subpart T notices if the notices are to 
be delivered to them electronically after July 31, 2020.\1\ One 
potential approach, as discussed in the Carriage Election Notice 
Modernization Order and FNPRM, is to require that LPTV stations and 
qualified NCE translator stations post any required public-facing 
information on the first page of a company website. We seek comment on 
this approach and whether we should adopt a rule requiring that on or 
before July 31, 2020, LPTV stations and qualified NCE translator 
stations that are entitled to receive section 76.64(k) and subpart T 
notices must designate an email address for receiving such notices 
electronically. This proposed timeframe is consistent with the 
timeframe in which commercial and noncommercial full-power television 
stations must add their carriage election contact information to the 
OPIF. Is it reasonable to expect that all LPTV stations and qualified 
NCE translator stations will have an existing public-facing company 
website, i.e., one that is easily accessible for free by the general 
public, on which they could publicize a designated email address for 
receiving the notices required by section 76.64(k) and subpart T? Would 
this approach ensure that cable operators are able to easily identify 
the designated email address for delivering the required notices to 
such stations? Are there other alternatives that would provide similar 
access to this information at minimal cost and with minimal burden? For 
instance, to the extent that qualified NCE translator stations are co-
owned with the primary station, should we simply require that section 
76.64(k) and subpart T notices to these stations be delivered 
electronically to the carriage-election email address designated by the 
primary station in its OPIF, rather than requiring that such translator 
stations post a designated email address on the company website? We 
seek comment on these issues.
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    \1\ For purposes of this paragraph, our focus is on those LPTV 
stations without Class A status.
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    11. We seek comment on the specific benefits that would accrue from 
our proposals and whether they would pose any burdens on cable 
operators and broadcast television stations. Would our proposed 
approach reduce the time and money spent on delivering and/or receiving 
the required written notices while ensuring that stations continue to 
receive them in a timely manner? Are there any circumstances in which a 
television station, or subset of television stations such as LPTV 
stations or qualified NCE translator stations, should be allowed to opt 
out of electronic delivery and continue receiving the notices via 
certified mail or in a non-electronic format? Are there other 
alternative means of delivering these notices that would better serve 
the needs of broadcasters and cable operators but still be less 
burdensome? How would such approaches work in practice? We seek comment 
on these issues.
    12. New section 76.1600 of the Commission's rules was adopted by 
the Commission in the Subscriber Notices Order and FNPRM, MB Docket 
Nos. 17-317 and 17-105, FCC 18-166, and the rule allows MVPDs to 
deliver subscriber privacy notifications and other written information 
electronically to subscribers and customers via email so long as the 
MVPD complies with certain consumer safeguards. We propose to add to 
section 76.1600 a new subsection requiring that the written information 
provided by cable operators to broadcast television stations under 
section 76.64(k) and subpart T must be delivered to the station 
electronically via email to the email address designated by the station 
in the OPIF. As discussed above, we seek comment on whether non-Class A 
LPTV stations and qualified NCE translator stations should be required 
to post an email address on the first page of their websites. To avoid 
potential discrepancies with our proposed revision to section 76.1600, 
we also propose minor amendments to sections 76.64(k), 76.1607, 
76.1609, and 76.1617 of our rules. Currently, sections 76.64(k), 
76.1607, and 76.1617 each require that certain written information be 
provided to broadcast stations ``by certified mail.'' Similarly, 
section 76.1609 currently requires that certain notices be mailed to 
television stations or delivered to stations by hand.\2\ We propose to 
add language to sections 76.64(k), 76.1607, 76.1609, and 76.1617 to 
reflect our proposal that cable operators be required to deliver the 
notices electronically to broadcast television stations via email in 
accordance with our proposed revision to section 76.1600. Finally, we 
also propose to make a minor correction to our rules in part 74 by 
moving our existing channel sharing rule for LPTV and TV translator 
stations from subpart H (Low Power Auxiliary Stations) to subpart G 
(Low Power TV, TV Translator, and TV Booster Stations). Our channel 
sharing rule for LPTV and TV translator stations is set forth in 
section 74.799. Because the rules in subpart G apply to LPTV stations, 
TV translator stations, and TV booster stations, subpart G is a more 
appropriate location for section 74.799 than subpart H, which contains 
rules for low power auxiliary stations that transmit over distances of 
approximately 100 meters for uses such as wireless microphones, cue and 
control communications, and synchronization of TV camera signals. We 
seek comment on the proposed rule amendments discussed above and any 
other rule changes that are necessary to

[[Page 37983]]

implement the proposals discussed herein.
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    \2\ In addition to serving copies of the notice on the relevant 
television stations, the cable operator must also file the original 
copy of the notice with the Commission within 60 days following the 
provision of service to 1,000 subscribers. We are not proposing to 
change this aspect of the rule, which, unlike the requirements 
discussed above, does not require notices from cable operators to 
broadcast stations.
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    13. Sections 76.54(e) and 76.66 of our rules contain notification 
requirements for DBS providers that are similar to the notification 
requirements for cable operators discussed above. These written notices 
from DBS providers must be delivered to television stations in the 
following circumstances: Notifying all televisions stations in a market 
prior to retransmitting a significantly viewed station into that market 
(section 76.54(e)); notifying local television stations of the 
provider's intent to launch new local-into-local service in the local 
market (section 76.66(d)(2)(i) through (ii)); notifying local 
television stations of the provider's intent to launch HD carry-one, 
carry-all in the local market (section 76.66(d)(2)(vi)); informing each 
local television station of the provider's intent to fulfil or deny the 
station's carriage request and the reasons for declining (section 
76.66(d)(1)(iv), (d)(2)(v), (d)(3)(iv)); identifying each affiliate of 
the same television network that the DBS provider reserves the right to 
retransmit into a station's local market during the next carriage 
election cycle (section 76.66(d)(5)(i)); informing local television 
stations of the location of the DBS provider's local receive facility 
or its intent to relocate such facility (section 76.66(f)(3) through 
(4)); notifying local television stations when deleting a station that 
substantially duplicates another or adding a station that no longer 
duplicates another (section 76.66(h)(5)). We seek comment on whether 
the Commission should also require that DBS providers deliver such 
notices to broadcast television stations electronically after July 31, 
2020, if the Commission adopts such a requirement for cable operators. 
The Satellite Home Viewer Extension and Reauthorization Act of 2004 
added section 338(h)(2) of the Act and directed the Commission to 
revise its rules requiring that DBS providers notify local television 
stations prior to launching local-into-local service in a market. 
Section 338(h)(2)(C) of the Act states that ``[s]uch regulations shall 
require that each satellite carrier shall transmit the notices required 
by such regulation via certified mail to the address for such 
television station licensee listed in the consolidated database system 
maintained by the Commission.'' We seek comment on whether the statute 
creates an ongoing obligation for the Commission to maintain this 
certified mail notice requirement by regulation, or whether, once 
having revised our rules to satisfy section 338(h)(2)(A), we have the 
ability to change our notification rules pursuant to the standard 
notice-and-comment rulemaking process. Does section 338(h)(2) of the 
Act currently limit the Commission's authority to require electronic 
delivery of the notices that DBS providers must send to local 
television stations prior to launching local-into-local service in the 
local market? Are all the DBS notice rules subject to the restriction 
in section 338(h)(2), or are there some that fall outside that 
provision? What are the specific benefits and burdens of electronic 
delivery of the notices required by sections 76.54(e) and 76.66 for 
both broadcasters and DBS providers? If the Commission decides to 
require that certain such notices be delivered via email, how should 
the Commission revise sections 76.54(e) and 76.66 to implement such a 
requirement? We seek comment on these issues.
    14. Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission 
has prepared this present Initial Regulatory Flexibility Analysis 
(IRFA) concerning the possible significant economic impact on small 
entities by the policies and rules proposed in the Notice of Proposed 
Rulemaking (NPRM). Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments provided on the first page of the NPRM. 
The Commission will send a copy of the NPRM, including this IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA). In summary, the NPRM proposes to revise the Commission's rules 
to require that cable operators distribute certain notices required by 
section 76.64(k) and subpart T of the Commission's rules to broadcast 
television stations electronically via email to the email address 
designated by the station as carriage election contact information in 
the online public file (OPIF). The NPRM seeks comment on whether and 
how the proposal to require electronic delivery of the section 76.64(k) 
and subpart T notices can be applied with respect to LPTV stations 
without Class A status and to translator stations that meet the 
definition of a ``qualified NCE television station'' under section 
615(l)(1) of the Communications Act. In addition, the NPRM also seeks 
comment on whether to similarly require electronic delivery of certain 
notices that direct broadcast satellite (DBS) providers are required to 
send to broadcast television stations under sections 76.54(e) and 76.66 
of the Commission's rules. The proposed action is authorized pursuant 
to sections 1, 4(i), 4(j), 303(r), 338, 340, 614, and 615 of the 
Communications Act of 1934, as amended (Act), 47 U.S.C. 151, 154(i), 
154(j), 303(r), 338, 340, 534, and 535. The types of small entities 
that may be affected by the proposals contained in the NPRM fall within 
the following categories: Cable Companies and Systems (Rate Regulation 
Standard); Cable System Operators (Telecommunications Act Standard); 
Direct Broadcast Satellite (DBS) Service; and Television Broadcasting. 
The NPRM proposes to revise existing reporting, recordkeeping, or other 
compliance requirements by modernizing certain notification 
requirements for cable operators and DBS providers to require the use 
of email rather than paper delivery. There is no overlap with other 
regulations or laws. The NPRM seeks comment on other alternative means 
of delivering the notices that would better serve the needs of 
broadcasters and MVPDs, including small entities, but still be less 
burdensome than sending the notices by paper delivery.
    15. Initial Paperwork Reduction Act Analysis. This document may 
result in new or revised information collection requirements subject to 
the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 
through 3520). If the Commission adopts any new or revised information 
collection requirement, the Commission will publish a notice in the 
Federal Register inviting the public to comment on the requirement, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 
U.S.C. 3501-3520). In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), the Commission seeks specific comment on how it might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''
    16. Ex Parte Rules--Permit-But-Disclose. The proceeding this Notice 
initiates shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules, 47 CFR 1.1200 et seq. 
Persons making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2)

[[Page 37984]]

summarize all data presented and arguments made during the 
presentation. If the presentation consisted in whole or in part of the 
presentation of data or arguments already reflected in the presenter's 
written comments, memoranda or other filings in the proceeding, the 
presenter may provide citations to such data or arguments in his or her 
prior comments, memoranda, or other filings (specifying the relevant 
page and/or paragraph numbers where such data or arguments can be 
found) in lieu of summarizing them in the memorandum. Documents shown 
or given to Commission staff during ex parte meetings are deemed to be 
written ex parte presentations and must be filed consistent with rule 
1.1206(b). In proceedings governed by rule 1.49(f) or for which the 
Commission has made available a method of electronic filing, written ex 
parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.
    17. The proposed action is authorized pursuant to sections 1, 4(i), 
4(j), 303(r), 338, 340, 614, and 615 of the Communications Act of 1934, 
as amended (Act), 47 U.S.C. 151, 154(i), 154(j), 303(r), 338, 340, 534, 
and 535.

List of Subjects

47 CFR Part 74

    Communications equipment, Education, Radio, Reporting and 
recordkeeping requirements, Research, Television.

47 CFR Part 76

    Administrative practice and procedure, Cable television, Equal 
employment opportunity, Political candidates, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 74 and 76 as 
follows:

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
1. The authority for part 74 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and 
554.

0
2. Add Sec.  74.779 to read as follows:


Sec.  74.779   Electronic Delivery of Notices to LPTV stations.

    Beginning July 31, 2020, each licensee of a low power television 
station or translator station that is entitled to receive notices 
pursuant to section 76.64(k), 76.1601, 76.1607, or 76.1617 of this 
title shall post publicly on the main page of station's website an 
email address for electronic receipt of such notices by the station. 
This section does not apply to Class A television stations.
0
3. Transfer Sec.  74.799 from subpart H to subpart G.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
4. The authority 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
5. Amend Sec.  76.54 by revising the last sentence of paragraph (e) to 
read as follows:


Sec.  76.54   Significantly viewed signals; method to be followed for 
special showings.

* * * * *
    (e) * * * Such written notice must be delivered to stations 
electronically in accordance with section 76.66(d)(2)(ii) of this 
subpart D.
* * * * *
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6. Amend Sec.  76.64 by revising the second sentence of paragraph (k) 
to read as follows:


Sec.  76.64   Retransmission consent.

* * * * *
    (k) * * * The cable operator must send such notification by 
electronic delivery, in accordance with Sec.  76.1600, at least 60 days 
prior to commencing cable service. * * *
* * * * *
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7. Amend Sec.  76.66 by:
0
a. Revising paragraph (d)(1)(iv) introductory text;
0
b. Adding a second sentence to paragraphs (d)(2)(ii), (v), (vi), 
(d)(3)(iv), (d)(5)(i), (f)(3);
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c. Adding a sentence at the end of paragraph (f)(4); and
0
d. Adding a second sentence to paragraph (h)(5).
    The additions and revision read as follows:


Sec.  76.66   Satellite broadcast signal carriage.

* * * * *
    (d) * * *
    (1) * * *
    (iv) Within 30 days of receiving a television station's carriage 
request, a satellite carrier shall notify in writing electronically in 
accordance with paragraph (d)(2)(ii) of this section:
* * * * *
    (2) * * *
    (ii) * * * The written notices required by paragraphs (d)(1)(iv), 
(d)(2)(v), (d)(2)(vi), (d)(3)(iv), (d)(5)(i), (f)(3), (f)(4), and 
(h)(5) of this section shall be delivered electronically via email to 
the email address for carriage-related questions that the station lists 
in its public file in accordance with Sec. Sec.  73.3626 and 73.3527 of 
part 73 of this title.
* * * * *
    (v) * * * The written notices required by this paragraph shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
    (vi) * * * The written notices required by this paragraph shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
* * * * *
    (3) * * *
    (iv) * * * The written notices required by this paragraph shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
    (5) * * *
    (i) * * * The written notices required by this paragraph shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
* * * * *
    (f) * * *
    (3) * * * The written notices required by this paragraph shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
    (4) * * * The written notices required by this paragraph shall be 
delivered to stations electronically in accordance with paragraph 
(d)(2)(ii) of this section.
* * * * *
    (h) * * *
    (5) * * * The required notice to the affected television station 
shall be delivered to the station electronically in

[[Page 37985]]

accordance with paragraph (d)(2)(ii) of this section.
* * * * *
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8. Amend Sec.  76.1600 by adding paragraph (e) to read as follows:


Sec.  76.1600   Electronic delivery of notices.

* * * * *
    (e) Written information provided by cable operators to broadcast 
stations pursuant to Sec. Sec.  76.64(k), 76.1601, 76.1607, 76.1608, 
76.1609, and 76.1617 of this Part 76 must be delivered electronically 
to a station via email to the email address for carriage-related 
questions that the television broadcast station lists in its public 
file in accordance with Sec. Sec.  73.3626 and 73.3527 of Part 73 of 
this title, or in the case of low power television stations or 
translator stations, to the email address that the station posts on its 
website in accordance with Sec.  74.779 of Part 74 of this title.
0
9. Revise Sec.  76.1607 to read as follows:


Sec.  76.1607   Principal headend.

    A cable operator shall provide written notice by electronic 
delivery, in accordance with Sec.  76.1600, to all stations carried on 
its system pursuant to the must-carry rules at least 60 days prior to 
any change in the designation of its principal headend.
0
10. Revise Sec.  76.1609 to read as follows:


Sec.  76.1609   Non-duplication and syndicated exclusivity.

    Within 60 days following the provision of service to 1,000 
subscribers, the operator of each such system shall file a notice to 
that effect with the Commission, and provide a copy of that notice, by 
electronic delivery in accordance with Sec.  76.1600, to every 
television station that would be entitled to exercise network non-
duplication protection or syndicated exclusivity protection against the 
operator.
0
11. Amend Sec.  76.1617 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  76.1617   Initial must-carry notice.

    (a) Within 60 days of activation of a cable system, a cable 
operator must notify all qualified NCE stations of its designated 
principal headend by electronic delivery in accordance with Sec.  
76.1600.
* * * * *
    (c) Within 60 days of activation of a cable system, a cable 
operator must send, by electronic delivery in accordance with Sec.  
76.1600, a copy of a list of all broadcast television stations carried 
by its system and their channel positions to all local commercial and 
noncommercial television stations, including those not designated as 
must-carry stations and those not carried on the system.

[FR Doc. 2019-16338 Filed 8-2-19; 8:45 am]
 BILLING CODE 6712-01-P