Leased Commercial Access; Modernization of Media Regulation Initiative, 69342-69343 [2019-27239]
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69342
Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket Nos. 07–42 and 17–105, FCC
19–52; FRS 16303]
Synopsis
Leased Commercial Access;
Modernization of Media Regulation
Initiative
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s Report and Order
(Order) updating its leased access rules
as part of its Modernization of Media
Regulation Initiative. This document is
consistent with the Order, which stated
that the Commission would publish a
document in the Federal Register
announcing the effective date of the
rules that contain new or modified
information collection requirements.
DATES: Title 47 CFR 76.970(h) and
76.975(e), published at 84 FR 28761,
June 20, 2019, are effective on December
18, 2019.
FOR FURTHER INFORMATION CONTACT:
Diana Sokolow, Policy Division, Media
Bureau, at (202) 418–2120, or email:
diana.sokolow@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that on December
3, 2019, OMB approved, for a period of
three years, the information collection
requirements relating to the rules and
procedures contained in the
Commission’s Order, FCC 19–52,
published at 84 FR 28761, June 20,
2019. The OMB Control Number is
3060–0568. The Commission publishes
this document as an announcement of
the effective date of the rules. If you
have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW, Washington, DC 20554.
Please include the OMB Control
Number, 3060–0568, in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(braille, large print, electronic files,
audio format), send an email to fcc504@
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:51 Dec 17, 2019
Jkt 250001
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on
December 3, 2019, for the information
collection requirements contained in
revised rules 47 CFR 76.970(h) and
76.975(e).
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0568.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0568.
OMB Approval Date: December 3,
2019.
OMB Expiration Date: December 31,
2022.
Title: Sections 76.970, 76.971, and
76.975, Commercial Leased Access
Rates, Terms and Conditions, and
Dispute Resolution.
Form Number: N/A.
Respondents: Businesses or other forprofit entities; Not-for-profit
institutions.
Number of Respondents and
Responses: 2,677 respondents; 6,879
responses.
Estimated Time per Response: 0.5
hours to 40 hours.
Frequency of Response:
Recordkeeping requirement; On
occasion reporting requirement; Thirdparty disclosure requirement.
Obligation to Respond: Mandatory;
Required to obtain or retain benefits.
The statutory authority for this
information collection is contained in
sections 4(i), 303, and 612 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303, and
532.
Total Annual Burden: 17,131 hours.
Total Annual Cost: $118,000.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act Impact Assessment: No
impact(s).
PO 00000
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Needs and Uses: On June 7, 2019, in
document FCC 19–52, the Commission
released a Report and Order updating its
leased access rules as part of its
Modernization of Media Regulation
Initiative. Two of the revised rules (47
CFR 76.970(h) and 76.975(e)) contained
new or modified information collection
requirements.
Title 47 CFR 76.970(h) requires cable
operators to provide prospective leased
access programmers with the following
information within 30 calendar days of
the date on which a bona fide request
for leased access information is made,
provided that the programmer has
remitted any application fee that the
cable system operator requires up to a
maximum of $100 per system-specific
bona fide request (for systems subject to
small system relief, cable operators are
required to provide the following
information within 45 calendar days of
a bona fide request):
(a) How much of the cable operator’s
leased access set-aside capacity is
available;
(b) a complete schedule of the
operator’s full-time leased access rates;
(c) rates associated with technical and
studio costs; and
(d) if specifically requested, a sample
leased access contract.
Bona fide requests, as used in this
section, are defined as requests from
potential leased access programmers
that have provided the following
information:
(a) The desired length of a contract
term;
(b) the anticipated commencement
date for carriage; and
(c) the nature of the programming.
All requests for leased access must be
made in writing and must specify the
date on which the request was sent to
the operator. Operators must maintain
supporting documentation to justify
scheduled rates, including supporting
contracts, calculations of the implicit
fees, and justifications for all
adjustments.
Cable system operators must disclose
on their own websites, or through
alternate means if they do not have their
own websites, a contact name or title,
telephone number, and email address
for the person responsible for
responding to requests for information
about leased access channels.
Title 47 CFR 76.975(e) provides that
the cable operator or other respondent
will have 30 days from service of the
petition to file an answer. If a leased
access rate is disputed, the answer must
show that the rate charged is not higher
than the maximum permitted rate for
such leased access, and must be
supported by the affidavit of a
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
responsible company official. If, after an
answer is submitted, the staff finds a
prima facie violation of our rules, the
staff may require a respondent to
produce additional information, or
specify other procedures necessary for
resolution of the proceeding. Replies to
answers must be filed within fifteen (15)
days after submission of the answer.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019–27239 Filed 12–17–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Part 1419
[190D0102DM DS62500000
DLSN00000.000000 DX62501]
RIN 1090–AB22
Acquisition Regulation: Removal of
Outdated References
Office of Small and
Disadvantaged Business Utilization,
Interior.
ACTION: Final rule.
AGENCY:
The Department of the
Interior (DOI) is issuing a final rule
amending the Department of the Interior
Acquisition Regulation (DIAR) to
implement Section 15(k) of the Small
Business Act and remove outdated
references and/or obsolete information.
DATES: This final rule will become
effective February 18, 2020.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Bell, Senior Small Business
Specialist, Office of Small and
Disadvantaged Small Business,
Department of the Interior, 1849 C Street
NW, Mail Stop 4214 MIB, Washington,
DC 20240; telephone (202) 208–3458 or
email christopher_bell@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
I. Background
This rule will revise the Department
of the Interior Acquisition Regulation
(DIAR) in order to update references to
other Federal and Departmental
directives, remove obsolete material and
remove obsolete references.
On November 24th, 2015, DOI’s Office
of Acquisition and Property
Management (PAM) issued a policy that
deviated from DIAR 1419.2, to revise the
content in sections 1419.201 and
1419.202. This policy deviation was
needed to comply with statutory
requirements of the Small Business Act.
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15:51 Dec 17, 2019
Jkt 250001
This rule updates the DIAR with
changes from the class deviation and
subsequently allows the Department to
rescind the class deviation.
The content of DIAR 1419.201 related
to setting goals for small business
contracting, the role of the Office of
Small and Disadvantaged Business
Utilization (OSDBU) and the
appointment of Small Business
Specialists was out of date and
inconsistent with statutory requirements
and the Federal Acquisition Regulation
(FAR). The deviation ensured that DOI
manages our small business goals in full
compliance with SBA’s procedures and
adhered to FAR requirements regarding
the role of the OSDBU and Small
Business Specialists. This rule ensures
that the role of the Director of the
OSDBU is consistent with the Small
Business Act 15 U.S.C. 644(k).
The rule simplifies DIAR 1419.202–70
to allow the OSDBU Director
responsibility for issuing policy on the
use and content of the Form DI–1886
‘‘Acquisition Screening and Review
Form’’.
The rule further intends to remove the
following from DIAR 1419:
Remove DIAR 1419.505, ‘‘Rejecting
Small Business Administration
recommendations.’’ The Department has
determined that the procedures in FAR
19.505 are sufficient for documenting
the rejection of Small Business
Administration’s recommendation and
that further supplemental guidance in
the DIAR is duplicative and redundant;
Remove DIAR 1419.506,
‘‘Withdrawing or modifying small
business set-asides.’’ The Department
has determined that the procedures in
FAR 19.506 are sufficient for
withdrawing or modifying small
business set-asides and that further
supplemental guidance in the DIAR is
duplicative and redundant;
Remove DIAR 1419.7, ‘‘The Small
Business Subcontracting Program’’, in
its entirety. DOI has determined that the
procedures in FAR 19.7 are sufficient
for managing the DOI’s small business
subcontracting program;
Remove DIAR 1419.803, ‘‘Selecting
acquisitions for the 8(a) program’’ in its
entirety.
DOI has determined that the
procedures in FAR 19.8 are sufficient
for managing DOI’s responsibilities
under the Section 8(a) program;
Remove DIAR 1419.9, ‘‘Contracting
Opportunities for Women-Owned Small
Businesses’’, in its entirety. The
Executive order supporting the
regulation has been superseded by the
Women Owned Small Business program
established under 15 U.S.C 637(m);
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69343
Remove DIAR 1419.10, ‘‘Small
Business Competitiveness
Demonstration Program’’, in its entirety.
FAR 19.10 was established to meet the
requirements of the Business
Opportunity Development Reform Act
of 1988 (Pub. L. 100–656). Section 1335
of the Small Business Jobs Act of 2010
(Pub. L. 111–240) amended the Business
Opportunity Development Reform Act
of 1988 and repealed the Small Business
Competitiveness Demonstration
Program.
II. Summary of and Response to
Comments
DOI published the proposed rule 84
FR 17131 on April 24, 2019 in the
Federal Register for a 60-day public
comment period. The public comment
period closed on June 24, 2019. DOI
received no comments on the proposed
rule in Docket No. DOI–2018–0018.
III Required Determinations
1. Regulatory Planning and Review
(Executive Orders 12866 and 13563).
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) will review
all significant rules. OIRA has
determined that this rule is not
significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory objectives. The
Executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public,
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
2. Regulatory Flexibility Act. The
Secretary certifies that the adoption of
this rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). Therefore, under
5 U.S.C. 605(b), this rulemaking is
exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
3. Small Business Regulatory
Enforcement Fairness Act. This rule is
not a major rule under the Small
E:\FR\FM\18DER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Rules and Regulations]
[Pages 69342-69343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27239]
[[Page 69342]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket Nos. 07-42 and 17-105, FCC 19-52; FRS 16303]
Leased Commercial Access; Modernization of Media Regulation
Initiative
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection associated with the Commission's Report and
Order (Order) updating its leased access rules as part of its
Modernization of Media Regulation Initiative. This document is
consistent with the Order, which stated that the Commission would
publish a document in the Federal Register announcing the effective
date of the rules that contain new or modified information collection
requirements.
DATES: Title 47 CFR 76.970(h) and 76.975(e), published at 84 FR 28761,
June 20, 2019, are effective on December 18, 2019.
FOR FURTHER INFORMATION CONTACT: Diana Sokolow, Policy Division, Media
Bureau, at (202) 418-2120, or email: [email protected].
SUPPLEMENTARY INFORMATION: This document announces that on December 3,
2019, OMB approved, for a period of three years, the information
collection requirements relating to the rules and procedures contained
in the Commission's Order, FCC 19-52, published at 84 FR 28761, June
20, 2019. The OMB Control Number is 3060-0568. The Commission publishes
this document as an announcement of the effective date of the rules. If
you have any comments on the burden estimates listed below, or how the
Commission can improve the collections and reduce any burdens caused
thereby, please contact Cathy Williams, Federal Communications
Commission, Room 1-C823, 445 12th Street SW, Washington, DC 20554.
Please include the OMB Control Number, 3060-0568, in your
correspondence. The Commission will also accept your comments via email
at [email protected].
To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received final OMB
approval on December 3, 2019, for the information collection
requirements contained in revised rules 47 CFR 76.970(h) and 76.975(e).
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number. The OMB
Control Number is 3060-0568.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0568.
OMB Approval Date: December 3, 2019.
OMB Expiration Date: December 31, 2022.
Title: Sections 76.970, 76.971, and 76.975, Commercial Leased
Access Rates, Terms and Conditions, and Dispute Resolution.
Form Number: N/A.
Respondents: Businesses or other for-profit entities; Not-for-
profit institutions.
Number of Respondents and Responses: 2,677 respondents; 6,879
responses.
Estimated Time per Response: 0.5 hours to 40 hours.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third-party disclosure requirement.
Obligation to Respond: Mandatory; Required to obtain or retain
benefits. The statutory authority for this information collection is
contained in sections 4(i), 303, and 612 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 303, and 532.
Total Annual Burden: 17,131 hours.
Total Annual Cost: $118,000.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: On June 7, 2019, in document FCC 19-52, the
Commission released a Report and Order updating its leased access rules
as part of its Modernization of Media Regulation Initiative. Two of the
revised rules (47 CFR 76.970(h) and 76.975(e)) contained new or
modified information collection requirements.
Title 47 CFR 76.970(h) requires cable operators to provide
prospective leased access programmers with the following information
within 30 calendar days of the date on which a bona fide request for
leased access information is made, provided that the programmer has
remitted any application fee that the cable system operator requires up
to a maximum of $100 per system-specific bona fide request (for systems
subject to small system relief, cable operators are required to provide
the following information within 45 calendar days of a bona fide
request):
(a) How much of the cable operator's leased access set-aside
capacity is available;
(b) a complete schedule of the operator's full-time leased access
rates;
(c) rates associated with technical and studio costs; and
(d) if specifically requested, a sample leased access contract.
Bona fide requests, as used in this section, are defined as
requests from potential leased access programmers that have provided
the following information:
(a) The desired length of a contract term;
(b) the anticipated commencement date for carriage; and
(c) the nature of the programming.
All requests for leased access must be made in writing and must
specify the date on which the request was sent to the operator.
Operators must maintain supporting documentation to justify scheduled
rates, including supporting contracts, calculations of the implicit
fees, and justifications for all adjustments.
Cable system operators must disclose on their own websites, or
through alternate means if they do not have their own websites, a
contact name or title, telephone number, and email address for the
person responsible for responding to requests for information about
leased access channels.
Title 47 CFR 76.975(e) provides that the cable operator or other
respondent will have 30 days from service of the petition to file an
answer. If a leased access rate is disputed, the answer must show that
the rate charged is not higher than the maximum permitted rate for such
leased access, and must be supported by the affidavit of a
[[Page 69343]]
responsible company official. If, after an answer is submitted, the
staff finds a prima facie violation of our rules, the staff may require
a respondent to produce additional information, or specify other
procedures necessary for resolution of the proceeding. Replies to
answers must be filed within fifteen (15) days after submission of the
answer.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-27239 Filed 12-17-19; 8:45 am]
BILLING CODE 6712-01-P
