Modernization of Media Regulation Initiative; Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees; Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, 21076-21079 [2020-06927]
Download as PDF
21076
Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations
upward from 700 feet above the surface
within a 6.4-mile radius of the airport,
and within 2 miles each side of the 090°
bearing from the airport, extending from
the 6.4-mile radius to 10.4 miles east of
the Big Horn County Airport.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
§ 71.1
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
*
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
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Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
ANM MT E5—Hardin, MT
Big Horn County Airport, Hardin, MT
(Lat. 45°44′40″ N, long. 107°39′38″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of the airport, and within 2.0 miles
each side of the 090° bearing from the airport,
extending from the 6.4-mile radius to 10.4
miles east Big Horn County Airport.
Issued in Seattle, Washington, on April 10,
2020.
Shawn M. Kozica,
Group Manager,Western Service Center,
Operations Support Group.
[FR Doc. 2020–08028 Filed 4–15–20; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 76
[MB Docket Nos. 17–105 and 14–127, MM
Docket No. 00–168; FCC 20–32; FRS 16600]
Modernization of Media Regulation
Initiative; Expansion of Online Public
File Obligations to Cable and Satellite
TV Operators and Broadcast and
Satellite Radio Licensees;
Standardized and Enhanced
Disclosure Requirements for
Television Broadcast Licensee Public
Interest Obligations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission makes non-substantive,
editorial revisions to the Commission’s
rules to eliminate regulations that have
become unnecessary because they no
longer have any applicability. These
relevant provisions are now without
legal effect and therefore obsolete due to
the completion of the transition from
local hard copy public inspection files
to online public inspection files.
DATES: This rule is effective April 16,
2020.
SUMMARY:
For
additional information on this
proceeding, contact Diana Sokolow,
Diana.Sokolow@fcc.gov, of the Policy
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Division, Media Bureau, (202) 418–
2120.
This is a
summary of the Commission’s Order,
FCC 20–32, adopted on March 17, 2020
and released on March 18, 2020, which
is the subject of this rulemaking. The
full text 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. 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).
SUPPLEMENTARY INFORMATION:
Synopsis
BILLING CODE 4910–13–P
FOR FURTHER INFORMATION CONTACT:
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
VerDate Sep<11>2014
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
1. In this Order, we make nonsubstantive, editorial revisions to parts
73 and 76 of the Commission’s rules to
eliminate rules that have become
unnecessary because they no longer
have any applicability. Specifically, we
delete certain rule provisions regarding
the maintenance of local public
inspection files by commercial
broadcast stations, noncommercial
educational (NCE) broadcast stations,
and cable system operators. These
provisions are, or as of the effective date
of this Order will be, without legal effect
and therefore obsolete due to the
completion of the transition from local
hard copy public inspection files to
online public inspection files.
Eliminating this obsolete language will
ease review and clarity of the current
public file requirements and streamline
our rules.
2. In 2012, the Commission first
adopted online public inspection file
rules for television broadcasters,
requiring them to post public file
documents to a central, Commissionhosted online database rather than
maintaining files locally at their main
studios.1 In 2016, the Commission
expanded the online public inspection
file requirements to additional entities,
including cable operators and broadcast
radio licensees.2 To ease compliance
1 The public inspection file rules apply to full
power and Class A television stations, and not to
low power television or television translators.
2 The online file requirements also were
expanded to satellite TV (also referred to as ‘‘Direct
Broadcast Satellite’’ or ‘‘DBS’’) providers and
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burdens for smaller entities with limited
financial resources, the Commission
delayed for two years, until March 1,
2018, online file obligations for radio
stations outside the top 50 markets,
radio stations within the top 50 markets
with fewer than five fulltime employees,
NCE radio stations, and smaller cable
operators.3 In addition, television
stations, radio stations, and cable
system operators were not required to
upload existing political file material,
but only new political file material on
a going-forward basis. This phased
approach was intended to further
smooth the transition for regulated
entities and the Commission and to
allow smaller entities additional time to
begin posting their political files online.
Since the last hard copy political file
material would have been placed in the
file by March 1, 2018, and since all
political file material is subject to a twoyear retention period, as of March 1,
2020 the transition to the online public
file will be complete and the rule
revisions adopted herein will be
effective as of that date or as of the date
of Federal Register publication,
whichever is later.4
3. With the transition complete, we
adopt this Order to remove the
transitional requirements from the
public file rules. Specifically, we delete
portions of the public file rules that
pertain to radio licensees being
temporarily exempt from the online
public file, since such licensees were no
longer exempt as of March 1, 2018. We
also delete portions of the rules that
pertain to retention of the existing
political files in hard copy, which are
no longer relevant as of March 1, 2020.
In addition, we delete portions of the
rules that currently explain what is
meant by references to the ‘‘local public
inspection file,’’ since such references
will not appear in the revised rules.5 We
satellite radio (also referred to as ‘‘Satellite Digital
Audio Radio Services’’ or ‘‘SDARS’’) in the 2016
Order.
3 The Commission exempted cable systems with
fewer than 1,000 subscribers from all online public
file requirements and applied the March 1, 2018
timeframe to cable systems with between 1,000 and
5,000 subscribers. Accordingly, cable systems with
fewer than 1,000 subscribers may continue to retain
public file material at their system.
4 Upon completion of the transition to the online
public file, we expect that all entities subject to the
online public inspection file requirements will be
fully compliant. Broadcast stations that are not in
full compliance will be required to self-disclose any
non-compliance in their renewal application during
the current renewal cycle, and we anticipate that
the Media Bureau will initiate enforcement action
when necessary as part of the renewal review.
5 We will retain references to the ‘‘local public
inspection file’’ in the cable public file rule,
because cable television systems with fewer than
1,000 subscribers are exempt from the online public
file requirements.
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add language to the cable public file
rules to clarify that only those cable
systems that are exempt from the online
public file requirement, i.e., those with
fewer than 1,000 subscribers, will
continue to be permitted to retain public
file material at their system.6 We also
delete other obsolete language in the
public file rules.7
4. We make certain additional minor
revisions to the rules to reflect the
completion of the transition to the
online public inspection file.
Specifically, we change the word
‘‘local’’ in the current title of §§ 73.3526
(Local public inspection file of
commercial stations) and 73.3527 (Local
public inspection file of noncommercial
educational stations) to ‘‘online.’’ 8 In
addition, we revise the political file rule
(§ 73.1943) to delete language pertaining
to retention of the political file at the
station and to clarify that the records
must be placed in the online political
file.9 Finally, we change the word
‘‘locally’’ in § 73.3615 to ‘‘in the online
public inspection file.’’
5. The rule revisions adopted in this
Order are non-substantive, editorial
revisions. Because these revisions
merely eliminate provisions that are no
longer effective and thus obsolete as of
March 1, 2020, and make other related
non-substantive edits, we find good
cause to conclude that notice and
comment procedures are unnecessary
and would not serve any useful
purpose. As explained above, these
revisions will be effective on the latter
of March 1, 2020 or the Federal Register
6 Specifically, we revise § 76.1700(e) to clarify
that its provisions involving the location of public
file material that continues to be retained at the
system apply to cable television systems that are
exempt from the online public file requirement
pursuant to § 76.1700(d). Similarly we revise
§ 76.1700(f) to clarify that those systems required to
include in the online public file the address of the
system’s local public file will be systems that are
exempt from the online public file requirement
pursuant to § 76.1700(d) but opt to use it partially
while retaining certain other documents in the local
file.
7 Specifically, we delete from these rules obsolete
language referencing the Commission’s main studio
rules, which were eliminated in 2017. We also
revise §§ 73.3526(c)(1) and 73.3527(c)(1) to pertain
only to applicants described in paragraph (b)(1) of
those rules (‘‘[a]n applicant for a new station or
change of community’’), and not permittees or
licensees, since the described applicants are the
only entities subject to these rules that will not have
fully converted to the online public inspection file.
8 We note that the Commission has previously
proposed revisions to §§ 73.3526(e)(13) and
73.3527(e)(10), covering local public notice
announcements, and we thus do not implement any
further revisions to those rules here. These
proposed revisions will be considered in an
upcoming order.
9 Specifically, we revise this rule by adding the
word ‘‘online’’ to ‘‘online political file’’ in
paragraph (c) and by removing paragraph (d) in its
entirety.
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21077
publication date, by which time the
transition to the online public file will
be complete.10
6. Because these rule changes do not
require notice and comment, the
Regulatory Flexibility Act does not
apply.
7. This Order does not contain new or
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA). In
addition, therefore, it does not contain
any new or modified information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002.
8. The Commission has determined,
and the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that this rule is ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of the Order to Congress
and the Government Accountability
Office pursuant to 5 U.S.C. 801(a)(1)(A).
9. Accordingly, IT IS ORDERED that,
effective on the latter of March 1, 2020
or the Federal Register publication date,
parts 73 and 76 of the Commission’s
rules ARE AMENDED, as set forth in the
attached Final Rules, pursuant to the
authority contained in sections 4(i) and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
303(r), and in sections 553(b)(3)(B) and
553(d)(3) of the Administrative
Procedure Act, 5 U.S.C 553(b)(3)(B),
553(d)(3).
10. IT IS FURTHER ORDERED that,
should no petitions for reconsideration
or petitions for judicial review be timely
filed, MB Docket No. 14–127 and MM
Docket No. 00–168 SHALL BE
TERMINATED and their dockets closed.
List of Subjects
47 CFR Part 73
Cable television, Radio, Television.
47 CFR Part 76
Cable television.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
10 Because the rules being revised are, as of March
1, 2020, without legal effect and therefore obsolete
due to the completion of the transition from local
hard copy public inspection files to online public
inspection files, there is ‘‘good cause’’ under 5
U.S.C. 553(d) to make the rules effective prior to 30
days after publication in the Federal Register.
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Federal Register / Vol. 85, No. 74 / Thursday, April 16, 2020 / Rules and Regulations
Commission amends 47 CFR parts 73
and 76 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. Amend § 73.1943 by revising
paragraph (c) and removing paragraph
(d) as follows:
■
§ 73.1943
Political file.
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*
*
*
(c) All records required by this
paragraph shall be placed in the online
political file as soon as possible and
shall be retained for a period of two
years. As soon as possible means
immediately absent unusual
circumstances.
■ 3. Amend § 73.3526 by
■ a. Revising the section heading and
paragraphs (b)(1) and (2);
■ b. Removing paragraph (b)(3);
■ c. Redesignating paragraph (b)(4) as
paragraph (b)(3);
■ d. Revising paragraph (c).
The revisions read as follows:
§ 73.3526 Online public inspection file of
commercial stations.
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(b) * * *
(1) An applicant for a new station or
change of community shall maintain its
file at an accessible place in the
proposed community of license.
(2)(i) A television or radio station
licensee or applicant shall place the
contents required by paragraph (e) of
this section of its public inspection file
in the online public file hosted by the
Commission.
(ii) A station must provide a link to
the public inspection file hosted on the
Commission’s website from the home
page of its own website, if the station
has a website, and provide contact
information on its website for a station
representative that can assist any person
with disabilities with issues related to
the content of the public files. A station
also is required to include in the online
public file the station’s address and
telephone number, and the email
address of the station’s designated
contact for questions about the public
file.
*
*
*
*
*
(c) Access to material in the file. For
any applicant described in paragraph
(b)(1) of this section that does not
include all material described in
paragraph (e) of this section in the
online public file hosted by the
Commission, the portion of the file that
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is not included in the online public file
shall be available for public inspection
at any time during regular business
hours at an accessible place in the
community of license. The applicant
must provide information regarding the
location of the file, or the applicable
portion of the file, within one business
day of a request for such information.
All or part of the file may be maintained
in a computer database, as long as a
computer terminal is made available, at
the location of the file, to members of
the public who wish to review the file.
Material in the public inspection file
shall be made available for printing or
machine reproduction upon request
made in person. The applicant may
specify the location for printing or
reproduction, require the requesting
party to pay the reasonable cost thereof,
and may require guarantee of payment
in advance (e.g., by requiring a deposit,
obtaining credit card information, or
any other reasonable method). Requests
for copies shall be fulfilled within a
reasonable period of time, which
generally should not exceed 7 days.
*
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*
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*
■ 4. Amend § 73.3527 by
■ a. Revising the section heading and
paragraphs (b)(1) and (b)(2)(i);
■ b. Removing paragraph (b)(2)(ii);
■ c. Redesignating paragraph (b)(2)(iii)
as paragraph (b)(2)(ii) and revising
newly redesignated paragraph (b)(2)(ii);
and
■ d. Revising paragraph (c).
The revisions read as follows.
station’s designated contact for
questions about the public file.
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*
*
*
(c) Access to material in the file. For
any applicant described in paragraph
(b)(1) of this section that does not
include all material described in
paragraph (e) of this section in the
online public file hosted by the
Commission, the portion of the file that
is not included in the online public file
shall be available for public inspection
at any time during regular business
hours at an accessible place in the
community of license. The applicant
must provide information regarding the
location of the file, or the applicable
portion of the file, within one business
day of a request for such information.
All or part of the file may be maintained
in a computer database, as long as a
computer terminal is made available, at
the location of the file, to members of
the public who wish to review the file.
Material in the public inspection file
shall be made available for printing or
machine reproduction upon request
made in person. The applicant may
specify the location for printing or
reproduction, require the requesting
party to pay the reasonable cost thereof,
and may require guarantee of payment
in advance (e.g., by requiring a deposit,
obtaining credit card information, or
any other reasonable method). Requests
for copies shall be fulfilled within a
reasonable period of time, which
generally should not exceed 7 days.
*
*
*
*
*
§ 73.3527 Online public inspection file of
noncommercial educational stations.
■
*
§ 73.3615
*
*
*
*
(b) * * *
(1) An applicant for a new station or
change of community shall maintain its
file at an accessible place in the
proposed community of license.
(2)(i) A noncommercial educational
television or radio station licensee or
applicant shall place the contents
required by paragraph (e) of this section
of its public inspection file in the online
public file hosted by the Commission.
(ii) A station must provide a link to
the online public inspection file hosted
by the Commission from the home page
of its own website, if the station has a
website, and provide contact
information for a station representative
on its website that can assist any person
with disabilities with issues related to
the content of the public files. A station
also is required to include in the online
public file hosted by the Commission
the station’s address and telephone
number, and the email address of the
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5. Amend § 73.3615 by revising
paragraph (g) to read as follows:
Ownership reports.
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*
*
*
*
(g) A copy of all ownership and
supplemental ownership reports and
related materials filed pursuant to this
section shall be maintained and made
available for public inspection in the
online public inspection file as required
by §§ 73.3526 and 73.3527.
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
6. The authority citation for part 76
continues to read as follows:
■
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 338, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572, 573.
7. Amend § 76.1700 by revising
paragraph (a) introductory text,
paragraphs (e) and (f) to read as follows:
■
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§ 76.1700 Records to be maintained by
cable system operators.
(a) Public inspection file. The
following records must be placed in the
online public file hosted by the
Commission, except as indicated in
paragraph (d) of this section.
*
*
*
*
*
(e) Location of records. For cable
television systems exempt from the
online public file requirement pursuant
to paragraph (d) of this section, public
file material that continues to be
retained at the system shall be retained
in a public inspection file maintained at
the office in the community served by
the system that the system operator
maintains for the ordinary collection of
subscriber charges, resolution of
subscriber complaints, and other
business and, if the system operator
does not maintain such an office in the
community, at any accessible place in
the communities served by the system
(such as a public registry for documents
or an attorney’s office). Public file
locations will be open at least during
normal business hours and will be
conveniently located. The public
inspection file shall be available for
public inspection at any time during
regular business hours for the facility
where they are kept. All or part of the
public inspection file may be
maintained in a computer database, as
long as a computer terminal capable of
accessing the database is made
available, at the location of the file, to
members of the public who wish to
review the file.
(f) Links and contact and geographic
information. A system must provide a
link to the public inspection file hosted
on the Commission’s website from the
home page of its own website, if the
system has a website, and provide
contact information on its website for a
system representative who can assist
any person with disabilities with issues
related to the content of the public files.
A system also is required to include in
the online public file the address of the
system’s local public file, if the system
is exempt from the online public file
requirement pursuant to paragraph (d)
of this section but opts to use it in part
while retaining certain documents in
the local file that are not available in the
Commission’s online file, and the name,
phone number, and email address of the
system’s designated contact for
questions about the public file. In
addition, a system must provide on the
online public file a list of the five digit
ZIP codes served by the system. To the
extent this section refers to the local
public inspection file, it refers to the
public file of a physical system, which
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is either maintained at the location
described in paragraph (e) of this
section or on the Commission’s website,
depending upon where the documents
are required to be maintained under the
Commission’s rules.
*
*
*
*
*
[FR Doc. 2020–06927 Filed 4–15–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 200327–0090]
RIN 0648–BI76
List of Fisheries for 2020
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The National Marine
Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2020, as
required by the Marine Mammal
Protection Act (MMPA). The LOF for
2020 reflects new information on
interactions between commercial
fisheries and marine mammals. NMFS
must classify each commercial fishery
on the LOF into one of three categories
under the MMPA based upon the level
of mortality and serious injury of marine
mammals that occurs incidental to each
fishery. The classification of a fishery on
the LOF determines whether
participants in that fishery are subject to
certain provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan (TRP) requirements.
DATES: The effective date of this final
rule is May 18, 2020.
ADDRESSES: Chief, Marine Mammal and
Sea Turtle Conservation Division, Office
of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD
20910.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Jaclyn Taylor, Office of Protected
Resources, 301–427–8402; Allison
Rosner, Greater Atlantic Region, 978–
281–9328; Jessica Powell, Southeast
Region, 727–824–5312; Dan Lawson,
West Coast Region, 562–980–3209;
Suzie Teerlink, Alaska Region, 907–
586–7240; Kevin Brindock, Pacific
Islands Region, 808–725–5146.
Individuals who use a
telecommunications device for the
hearing impaired may call the Federal
PO 00000
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21079
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires
NMFS to place all U.S. commercial
fisheries into one of three categories
based on the level of incidental
mortality and serious injury of marine
mammals occurring in each fishery (16
U.S.C. 1387(c)(1)). The classification of
a fishery on the LOF determines
whether participants in that fishery may
be required to comply with certain
provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan requirements. NMFS
must reexamine the LOF annually,
considering new information in the
Marine Mammal Stock Assessment
Reports (SARs) and other relevant
sources, and publish in the Federal
Register any necessary changes to the
LOF after notice and opportunity for
public comment (16 U.S.C.
1387(c)(1)(C)).
How does NMFS determine in which
category a fishery is placed?
The definitions for the fishery
classification criteria can be found in
the implementing regulations for section
118 of the MMPA (50 CFR 229.2). The
criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria
consist of a two-tiered, stock-specific
approach that first addresses the total
impact of all fisheries on each marine
mammal stock and then addresses the
impact of individual fisheries on each
stock. This approach is based on
consideration of the rate, in numbers of
animals per year, of incidental
mortalities and serious injuries of
marine mammals due to commercial
fishing operations relative to the
potential biological removal (PBR) level
for each marine mammal stock. The
MMPA (16 U.S.C. 1362(20)) defines the
PBR level as the maximum number of
animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population (OSP).
This definition can also be found in the
implementing regulations for section
118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the
cumulative fishery mortality and serious
injury for a particular stock. If the total
annual mortality and serious injury of a
marine mammal stock, across all
fisheries, is less than or equal to 10
E:\FR\FM\16APR1.SGM
16APR1
Agencies
[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Rules and Regulations]
[Pages 21076-21079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06927]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76
[MB Docket Nos. 17-105 and 14-127, MM Docket No. 00-168; FCC 20-32; FRS
16600]
Modernization of Media Regulation Initiative; Expansion of Online
Public File Obligations to Cable and Satellite TV Operators and
Broadcast and Satellite Radio Licensees; Standardized and Enhanced
Disclosure Requirements for Television Broadcast Licensee Public
Interest Obligations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission makes non-substantive,
editorial revisions to the Commission's rules to eliminate regulations
that have become unnecessary because they no longer have any
applicability. These relevant provisions are now without legal effect
and therefore obsolete due to the completion of the transition from
local hard copy public inspection files to online public inspection
files.
DATES: This rule is effective April 16, 2020.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Diana Sokolow, [email protected], of the Policy
Division, Media Bureau, (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 20-32, adopted on March 17, 2020 and released on March 18, 2020,
which is the subject of this rulemaking. The full text 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. 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 Order, we make non-substantive, editorial revisions to
parts 73 and 76 of the Commission's rules to eliminate rules that have
become unnecessary because they no longer have any applicability.
Specifically, we delete certain rule provisions regarding the
maintenance of local public inspection files by commercial broadcast
stations, noncommercial educational (NCE) broadcast stations, and cable
system operators. These provisions are, or as of the effective date of
this Order will be, without legal effect and therefore obsolete due to
the completion of the transition from local hard copy public inspection
files to online public inspection files. Eliminating this obsolete
language will ease review and clarity of the current public file
requirements and streamline our rules.
2. In 2012, the Commission first adopted online public inspection
file rules for television broadcasters, requiring them to post public
file documents to a central, Commission-hosted online database rather
than maintaining files locally at their main studios.\1\ In 2016, the
Commission expanded the online public inspection file requirements to
additional entities, including cable operators and broadcast radio
licensees.\2\ To ease compliance
[[Page 21077]]
burdens for smaller entities with limited financial resources, the
Commission delayed for two years, until March 1, 2018, online file
obligations for radio stations outside the top 50 markets, radio
stations within the top 50 markets with fewer than five fulltime
employees, NCE radio stations, and smaller cable operators.\3\ In
addition, television stations, radio stations, and cable system
operators were not required to upload existing political file material,
but only new political file material on a going-forward basis. This
phased approach was intended to further smooth the transition for
regulated entities and the Commission and to allow smaller entities
additional time to begin posting their political files online. Since
the last hard copy political file material would have been placed in
the file by March 1, 2018, and since all political file material is
subject to a two-year retention period, as of March 1, 2020 the
transition to the online public file will be complete and the rule
revisions adopted herein will be effective as of that date or as of the
date of Federal Register publication, whichever is later.\4\
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\1\ The public inspection file rules apply to full power and
Class A television stations, and not to low power television or
television translators.
\2\ The online file requirements also were expanded to satellite
TV (also referred to as ``Direct Broadcast Satellite'' or ``DBS'')
providers and satellite radio (also referred to as ``Satellite
Digital Audio Radio Services'' or ``SDARS'') in the 2016 Order.
\3\ The Commission exempted cable systems with fewer than 1,000
subscribers from all online public file requirements and applied the
March 1, 2018 timeframe to cable systems with between 1,000 and
5,000 subscribers. Accordingly, cable systems with fewer than 1,000
subscribers may continue to retain public file material at their
system.
\4\ Upon completion of the transition to the online public file,
we expect that all entities subject to the online public inspection
file requirements will be fully compliant. Broadcast stations that
are not in full compliance will be required to self-disclose any
non-compliance in their renewal application during the current
renewal cycle, and we anticipate that the Media Bureau will initiate
enforcement action when necessary as part of the renewal review.
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3. With the transition complete, we adopt this Order to remove the
transitional requirements from the public file rules. Specifically, we
delete portions of the public file rules that pertain to radio
licensees being temporarily exempt from the online public file, since
such licensees were no longer exempt as of March 1, 2018. We also
delete portions of the rules that pertain to retention of the existing
political files in hard copy, which are no longer relevant as of March
1, 2020. In addition, we delete portions of the rules that currently
explain what is meant by references to the ``local public inspection
file,'' since such references will not appear in the revised rules.\5\
We add language to the cable public file rules to clarify that only
those cable systems that are exempt from the online public file
requirement, i.e., those with fewer than 1,000 subscribers, will
continue to be permitted to retain public file material at their
system.\6\ We also delete other obsolete language in the public file
rules.\7\
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\5\ We will retain references to the ``local public inspection
file'' in the cable public file rule, because cable television
systems with fewer than 1,000 subscribers are exempt from the online
public file requirements.
\6\ Specifically, we revise Sec. 76.1700(e) to clarify that its
provisions involving the location of public file material that
continues to be retained at the system apply to cable television
systems that are exempt from the online public file requirement
pursuant to Sec. 76.1700(d). Similarly we revise Sec. 76.1700(f)
to clarify that those systems required to include in the online
public file the address of the system's local public file will be
systems that are exempt from the online public file requirement
pursuant to Sec. 76.1700(d) but opt to use it partially while
retaining certain other documents in the local file.
\7\ Specifically, we delete from these rules obsolete language
referencing the Commission's main studio rules, which were
eliminated in 2017. We also revise Sec. Sec. 73.3526(c)(1) and
73.3527(c)(1) to pertain only to applicants described in paragraph
(b)(1) of those rules (``[a]n applicant for a new station or change
of community''), and not permittees or licensees, since the
described applicants are the only entities subject to these rules
that will not have fully converted to the online public inspection
file.
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4. We make certain additional minor revisions to the rules to
reflect the completion of the transition to the online public
inspection file. Specifically, we change the word ``local'' in the
current title of Sec. Sec. 73.3526 (Local public inspection file of
commercial stations) and 73.3527 (Local public inspection file of
noncommercial educational stations) to ``online.'' \8\ In addition, we
revise the political file rule (Sec. 73.1943) to delete language
pertaining to retention of the political file at the station and to
clarify that the records must be placed in the online political
file.\9\ Finally, we change the word ``locally'' in Sec. 73.3615 to
``in the online public inspection file.''
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\8\ We note that the Commission has previously proposed
revisions to Sec. Sec. 73.3526(e)(13) and 73.3527(e)(10), covering
local public notice announcements, and we thus do not implement any
further revisions to those rules here. These proposed revisions will
be considered in an upcoming order.
\9\ Specifically, we revise this rule by adding the word
``online'' to ``online political file'' in paragraph (c) and by
removing paragraph (d) in its entirety.
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5. The rule revisions adopted in this Order are non-substantive,
editorial revisions. Because these revisions merely eliminate
provisions that are no longer effective and thus obsolete as of March
1, 2020, and make other related non-substantive edits, we find good
cause to conclude that notice and comment procedures are unnecessary
and would not serve any useful purpose. As explained above, these
revisions will be effective on the latter of March 1, 2020 or the
Federal Register publication date, by which time the transition to the
online public file will be complete.\10\
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\10\ Because the rules being revised are, as of March 1, 2020,
without legal effect and therefore obsolete due to the completion of
the transition from local hard copy public inspection files to
online public inspection files, there is ``good cause'' under 5
U.S.C. 553(d) to make the rules effective prior to 30 days after
publication in the Federal Register.
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6. Because these rule changes do not require notice and comment,
the Regulatory Flexibility Act does not apply.
7. This Order does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA). In addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002.
8. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs that this rule is ``non-major'' under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of the
Order to Congress and the Government Accountability Office pursuant to
5 U.S.C. 801(a)(1)(A).
9. Accordingly, IT IS ORDERED that, effective on the latter of
March 1, 2020 or the Federal Register publication date, parts 73 and 76
of the Commission's rules ARE AMENDED, as set forth in the attached
Final Rules, pursuant to the authority contained in sections 4(i) and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
303(r), and in sections 553(b)(3)(B) and 553(d)(3) of the
Administrative Procedure Act, 5 U.S.C 553(b)(3)(B), 553(d)(3).
10. IT IS FURTHER ORDERED that, should no petitions for
reconsideration or petitions for judicial review be timely filed, MB
Docket No. 14-127 and MM Docket No. 00-168 SHALL BE TERMINATED and
their dockets closed.
List of Subjects
47 CFR Part 73
Cable television, Radio, Television.
47 CFR Part 76
Cable television.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications
[[Page 21078]]
Commission amends 47 CFR parts 73 and 76 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
2. Amend Sec. 73.1943 by revising paragraph (c) and removing paragraph
(d) as follows:
Sec. 73.1943 Political file.
* * * * *
(c) All records required by this paragraph shall be placed in the
online political file as soon as possible and shall be retained for a
period of two years. As soon as possible means immediately absent
unusual circumstances.
0
3. Amend Sec. 73.3526 by
0
a. Revising the section heading and paragraphs (b)(1) and (2);
0
b. Removing paragraph (b)(3);
0
c. Redesignating paragraph (b)(4) as paragraph (b)(3);
0
d. Revising paragraph (c).
The revisions read as follows:
Sec. 73.3526 Online public inspection file of commercial stations.
* * * * *
(b) * * *
(1) An applicant for a new station or change of community shall
maintain its file at an accessible place in the proposed community of
license.
(2)(i) A television or radio station licensee or applicant shall
place the contents required by paragraph (e) of this section of its
public inspection file in the online public file hosted by the
Commission.
(ii) A station must provide a link to the public inspection file
hosted on the Commission's website from the home page of its own
website, if the station has a website, and provide contact information
on its website for a station representative that can assist any person
with disabilities with issues related to the content of the public
files. A station also is required to include in the online public file
the station's address and telephone number, and the email address of
the station's designated contact for questions about the public file.
* * * * *
(c) Access to material in the file. For any applicant described in
paragraph (b)(1) of this section that does not include all material
described in paragraph (e) of this section in the online public file
hosted by the Commission, the portion of the file that is not included
in the online public file shall be available for public inspection at
any time during regular business hours at an accessible place in the
community of license. The applicant must provide information regarding
the location of the file, or the applicable portion of the file, within
one business day of a request for such information. All or part of the
file may be maintained in a computer database, as long as a computer
terminal is made available, at the location of the file, to members of
the public who wish to review the file. Material in the public
inspection file shall be made available for printing or machine
reproduction upon request made in person. The applicant may specify the
location for printing or reproduction, require the requesting party to
pay the reasonable cost thereof, and may require guarantee of payment
in advance (e.g., by requiring a deposit, obtaining credit card
information, or any other reasonable method). Requests for copies shall
be fulfilled within a reasonable period of time, which generally should
not exceed 7 days.
* * * * *
0
4. Amend Sec. 73.3527 by
0
a. Revising the section heading and paragraphs (b)(1) and (b)(2)(i);
0
b. Removing paragraph (b)(2)(ii);
0
c. Redesignating paragraph (b)(2)(iii) as paragraph (b)(2)(ii) and
revising newly redesignated paragraph (b)(2)(ii); and
0
d. Revising paragraph (c).
The revisions read as follows.
Sec. 73.3527 Online public inspection file of noncommercial
educational stations.
* * * * *
(b) * * *
(1) An applicant for a new station or change of community shall
maintain its file at an accessible place in the proposed community of
license.
(2)(i) A noncommercial educational television or radio station
licensee or applicant shall place the contents required by paragraph
(e) of this section of its public inspection file in the online public
file hosted by the Commission.
(ii) A station must provide a link to the online public inspection
file hosted by the Commission from the home page of its own website, if
the station has a website, and provide contact information for a
station representative on its website that can assist any person with
disabilities with issues related to the content of the public files. A
station also is required to include in the online public file hosted by
the Commission the station's address and telephone number, and the
email address of the station's designated contact for questions about
the public file.
* * * * *
(c) Access to material in the file. For any applicant described in
paragraph (b)(1) of this section that does not include all material
described in paragraph (e) of this section in the online public file
hosted by the Commission, the portion of the file that is not included
in the online public file shall be available for public inspection at
any time during regular business hours at an accessible place in the
community of license. The applicant must provide information regarding
the location of the file, or the applicable portion of the file, within
one business day of a request for such information. All or part of the
file may be maintained in a computer database, as long as a computer
terminal is made available, at the location of the file, to members of
the public who wish to review the file. Material in the public
inspection file shall be made available for printing or machine
reproduction upon request made in person. The applicant may specify the
location for printing or reproduction, require the requesting party to
pay the reasonable cost thereof, and may require guarantee of payment
in advance (e.g., by requiring a deposit, obtaining credit card
information, or any other reasonable method). Requests for copies shall
be fulfilled within a reasonable period of time, which generally should
not exceed 7 days.
* * * * *
0
5. Amend Sec. 73.3615 by revising paragraph (g) to read as follows:
Sec. 73.3615 Ownership reports.
* * * * *
(g) A copy of all ownership and supplemental ownership reports and
related materials filed pursuant to this section shall be maintained
and made available for public inspection in the online public
inspection file as required by Sec. Sec. 73.3526 and 73.3527.
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
6. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503,
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548,
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.
0
7. Amend Sec. 76.1700 by revising paragraph (a) introductory text,
paragraphs (e) and (f) to read as follows:
[[Page 21079]]
Sec. 76.1700 Records to be maintained by cable system operators.
(a) Public inspection file. The following records must be placed in
the online public file hosted by the Commission, except as indicated in
paragraph (d) of this section.
* * * * *
(e) Location of records. For cable television systems exempt from
the online public file requirement pursuant to paragraph (d) of this
section, public file material that continues to be retained at the
system shall be retained in a public inspection file maintained at the
office in the community served by the system that the system operator
maintains for the ordinary collection of subscriber charges, resolution
of subscriber complaints, and other business and, if the system
operator does not maintain such an office in the community, at any
accessible place in the communities served by the system (such as a
public registry for documents or an attorney's office). Public file
locations will be open at least during normal business hours and will
be conveniently located. The public inspection file shall be available
for public inspection at any time during regular business hours for the
facility where they are kept. All or part of the public inspection file
may be maintained in a computer database, as long as a computer
terminal capable of accessing the database is made available, at the
location of the file, to members of the public who wish to review the
file.
(f) Links and contact and geographic information. A system must
provide a link to the public inspection file hosted on the Commission's
website from the home page of its own website, if the system has a
website, and provide contact information on its website for a system
representative who can assist any person with disabilities with issues
related to the content of the public files. A system also is required
to include in the online public file the address of the system's local
public file, if the system is exempt from the online public file
requirement pursuant to paragraph (d) of this section but opts to use
it in part while retaining certain documents in the local file that are
not available in the Commission's online file, and the name, phone
number, and email address of the system's designated contact for
questions about the public file. In addition, a system must provide on
the online public file a list of the five digit ZIP codes served by the
system. To the extent this section refers to the local public
inspection file, it refers to the public file of a physical system,
which is either maintained at the location described in paragraph (e)
of this section or on the Commission's website, depending upon where
the documents are required to be maintained under the Commission's
rules.
* * * * *
[FR Doc. 2020-06927 Filed 4-15-20; 8:45 am]
BILLING CODE 6712-01-P