Implementation of the Truth-in-Billing Provisions of the Television Viewer Protection Act of 2019, 22652-22653 [2020-07968]
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Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
station provides in the Commission’s
Licensing and Management System.
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[FR Doc. 2020–07759 Filed 4–22–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 20–61; DA 20–375; FRS
16638]
Implementation of the Truth-in-Billing
Provisions of the Television Viewer
Protection Act of 2019
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Media
Bureau, Federal Communications
Commission (Commission), grants a
blanket extension until December 20,
2020, of the effective date of new truthin-billing requirements in the Television
Viewer Protection Act of 2019.
DATES: This order is effective April 23,
2020.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Raelynn Remy of
the Media Bureau, Policy Division, at
Raelynn.Remy@fcc.gov or (202) 418–
2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Media Bureau’s Order,
DA 20–375, adopted and released on
April 3, 2020. 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://docs.fcc.gov/public/
attachments/DA-20-375A1.doc.
Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. The complete
text may be purchased from the
Commission’s copy contractor, 445 12th
Street SW, Room CY–B402, Washington,
DC 20554. 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).
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
Synopsis
1. As the nation tackles the COVID–
19 pandemic, multichannel video
VerDate Sep<11>2014
17:13 Apr 22, 2020
Jkt 250001
programming distributors (MVPDs) and
providers of fixed broadband internet
access service are among the entities
that are integral to the Commission’s
ongoing, nationwide effort to keep
Americans informed and connected
during this national emergency. So that
these service providers may focus their
resources on this critical effort, we
provide appropriate flexibility for
MVPDs and providers of fixed
broadband internet access service to
fulfill their obligations under the
Television Viewer Protection Act of
2019 (TVPA). Specifically, by this
Order, we exercise our discretion under
the TVPA to grant a blanket extension
until December 20, 2020, of the effective
date of new truth-in-billing
requirements set forth in section 642 of
the Communications Act of 1934, as
amended (the Act), as added by section
1004 of the TVPA.
2. Section 642 of the Act requires
MVPDs to ‘‘give consumers a
breakdown of all charges related to the
MVPD’s video service’’ before entering
into a contract with a consumer for
service 1 and also provides consumers
24 hours in which to cancel such
service without penalty. In addition,
section 642 requires greater
transparency in electronic bills and
prohibits MVPDs and providers of fixed
broadband internet access service from
charging consumers for equipment they
do not provide. Section 642, as added
by the TVPA, becomes effective June 20,
2020, six months after the date of
enactment of the TVPA; however, the
Commission for ‘‘good cause’’ may
extend the effective date by six months.
On February 27, 2020, the Media Bureau
issued a Public Notice seeking comment
on whether good cause exists for
granting a blanket extension of section
642’s effective date by six months, until
December 20, 2020.2
3. Pursuant to section 1004(b) of the
TVPA, we find that good cause exists for
granting a blanket extension of section
642’s effective date until December 20,
2020. We note that on March 13, 2020,
approximately two weeks after issuance
of the Public Notice in this proceeding,
the President declared a national
emergency concerning the COVID–19
pandemic. In view of the evolving and
unpredictable nature of the pandemic,
and the additional demands it is placing
1 Section 642(a) of the Act, as added by section
1004(a) of the TVPA, indicates that information
about fees and other charges may be provided by
phone, in person, online, or by other reasonable
means, and that a copy of this information must be
sent to consumers by email, online link, or other
reasonably comparable means not later than 24
hours after entering into a contract.
2 85 FR 14869.
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
on MVPDs and providers of fixed
broadband internet access service, we
find that extending section 642’s
effective date as specified above is both
reasonable and justified and will best
serve the public interest. Compliance
with the new truth-in-billing
requirements in section 642 may require
that subject entities make changes to
existing billing systems, provide
employee training, or take other
compliance measures, thereby requiring
providers to divert resources away from
other consumer demands brought on by
the pandemic. Indeed, we note that
these service providers are the entities
principally responsible for operating
and maintaining the infrastructure that
Americans increasingly depend on for
continued business and interpersonal
communications during the national
emergency. As such, we believe their
foremost obligation at this time is to
ensure continuity of service adequate to
meet the nation’s needs.3 We also
conclude, given the indefinite length of
time of the national emergency, that the
public interest would be served best by
affording subject entities until December
20, 2020—the maximum amount of time
permitted by the statute—to come into
compliance with the requirements of
section 642. Indeed, we note that
industry commenters claimed that an
extension was necessary even if the
pandemic had not occurred because six
months likely would not have provided
ample time for subject entities to take
the steps needed to implement the
relevant TVPA requirements.
4. Moreover, we find that the present
national emergency provides ‘‘good
cause’’ under the Administrative
Procedure Act (APA) for extending
section 642’s effective date without
prior notice and comment.4 As
explained above, we have already
independently determined that the
national emergency establishes good
cause under section 1004(b) of the
TVPA to issue a blanket extension of
3 We note that many MVPDs and providers of
fixed broadband internet access service recently
pledged to ensure connectivity for Americans
affected by pandemic-related disruptions. In
addition, the Commission has taken steps to ensure
that certain such providers have adequate capacity
to keep Americans connected during the national
emergency.
4 Given the fact that the TVPA expressly
anticipates the need for the Commission to grant an
additional six-month extension of the compliance
date, we believe our doing so for all affected entities
is the most efficient use of both agency and industry
resources given that all such entities face demands
brought on by the COVID–19 pandemic. Indeed,
issuing a blanket extension here achieves the same
result as granting multiple extensions to individual
providers in a more efficient manner, and thereby
avoids delay that could otherwise result in an
unnecessary diversion of industry and Commission
resources during this national crisis.
E:\FR\FM\23APR1.SGM
23APR1
Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations
lotter on DSKBCFDHB2PROD with RULES
section 642’s effective date, rendering
notice and comment prior to extending
the effective date ‘‘unnecessary.’’ In
addition, in light of the disruptive effect
of the national emergency on the daily
activities of entities subject to section
642 and other interested parties, and the
need for MVPDs and providers of fixed
broadband internet access service to
focus their resources on the national
emergency, we find that delaying relief
under the circumstances would not
serve the purpose of the extension and
would fail to yield the public interest
benefits that notice and comment
procedures are designed to produce.5
5. Because this blanket extension does
not require notice and comment
pursuant to the ‘‘good cause’’ exception
of the Administrative Procedure Act, the
Regulatory Flexibility Act does not
apply.
6. 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.
7. 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).
8. Accordingly, it is ordered that,
pursuant to the authority found in
sections 4(i), 4(j), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j),
303(r), section 1004 of the Television
Viewer Protection Act of 2019, section
553(b)(3)(B) of the Administrative
Procedure Act, 5 U.S.C. 553, and
sections 0.5(c) and 0.283 of the
Commission’s rules, 47 CFR 0.5(c),
0.283, this Order is adopted. It is further
ordered that, pursuant to section
1.113(a) of the Commission’s rules, 47
CFR 1.113(a), the March 16, 2020 Public
Notice in MB Docket No. 20–61 is
hereby rescinded. It is further ordered
that this Order shall be effective upon
publication in the Federal Register.6 It is
5 Although the pleading cycle for the Public
Notice was scheduled to conclude on April 13,
2020, given our finding of good cause to dispense
with public comment, we hereby rescind the Public
Notice.
6 The blanket extension adopted herein serves to
‘‘reliev[e] a restriction.’’ For similar reasons, there
is also good cause to make this Order effective upon
VerDate Sep<11>2014
18:15 Apr 22, 2020
Jkt 250001
further ordered that, should no petitions
for reconsideration be timely filed, MB
Docket No. 20–61 shall be terminated,
and its docket closed.
Federal Communications Commission.
Thomas Horan,
Media Bureau.
[FR Doc. 2020–07968 Filed 4–22–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2015–0019;
4500090024]
RIN 1018–BC78
Endangered and Threatened Wildlife
and Plants; Reclassifying the Golden
Conure From Endangered to
Threatened With a Section 4(d) Rule
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), reclassify the
golden conure (Gauruba guarouba)
under the Endangered Species Act of
1973, as amended (Act), from
endangered to threatened on the Federal
List of Endangered and Threatened
Wildlife (List). Our determination is
based on a thorough review of the best
available scientific and commercial
information, which indicates that the
golden conure no longer meets the
definition of an endangered species, but
is likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range. We are also establishing a rule
pursuant to section 4(d) of the Act for
the golden conure to provide for its
further conservation. Additionally, this
final rule updates the List to reflect the
latest scientifically accepted taxonomy
and nomenclature for the species as
Guaruba guarouba, golden conure.
DATES: This rule is effective May 26,
2020.
SUMMARY:
Comments and materials
received, as well as supporting
documentation used in the preparation
of this rule, are available for public
inspection at https://
www.regulations.gov under Docket No.
FWS–HQ–ES–2015–0019.
ADDRESSES:
Federal Register publication, in order to provide
certainty to affected providers during the current
emergency as to the effective date of the new
requirements.
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
22653
Don
Morgan, Chief, Branch of Delisting and
Foreign Species, Ecological Services,
U.S. Fish and Wildlife Service, MS: ES,
5275 Leesburg Pike, Falls Church, VA
22041–3803; telephone, 703–358–2444.
If you use a telecommunications device
for the deaf (TDD), call the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Previous Federal Actions
On September 5, 2018, we published
in the Federal Register (83 FR 45073)
our 12-month finding on a petition to
remove the golden conure from the List
of Endangered and Threatened Wildlife
(i.e., ‘‘delist’’ the species) or to reclassify
the golden conure from an endangered
to a threatened species (i.e., ‘‘downlist’’
the species) determining that
reclassification was warranted.
Accordingly, we published a proposed
rule to downlist the golden conure
under the Act (16 U.S.C. 1531 et seq.)
and proposed a rule pursuant to section
4(d) to further the conservation of the
golden conure. Please refer to that
document for information on Federal
actions occurring before September 5,
2018, for the golden conure.
Summary of Changes From the
Proposed Rule
During the comment period on our
September 5, 2018, proposed rule (83
FR 45073), we received updated
information regarding the golden conure
reintroduction program occurring in the
Bele´m region of Para´ at Utinga State
Park. We have incorporated this
information under Conservation
Measures and Regulatory Mechanisms
in this rule and have updated the
species status assessment (SSA) report.
Background
A thorough review of the taxonomy,
life history, ecology, and overall
viability of the golden conure is
presented in the species status
assessment (SSA) report for the golden
conure (Service 2018; available at
Docket No. FWS–HQ–ES–2015–0019 on
https://www.regulations.gov). The SSA
report documents the results of the
comprehensive biological study for the
golden conure and provides an account
of the species’ overall viability through
forecasting of the species’ condition in
the future (Service 2018, entire). In the
SSA report, we summarize the relevant
biological data and a description of past,
present, and likely future stressors, and
we conduct an analysis of the viability
of the species. The SSA report provides
the scientific basis that informs our
statutory decision regarding whether
this species should be listed as an
E:\FR\FM\23APR1.SGM
23APR1
Agencies
[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Rules and Regulations]
[Pages 22652-22653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07968]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 20-61; DA 20-375; FRS 16638]
Implementation of the Truth-in-Billing Provisions of the
Television Viewer Protection Act of 2019
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Media Bureau, Federal Communications
Commission (Commission), grants a blanket extension until December 20,
2020, of the effective date of new truth-in-billing requirements in the
Television Viewer Protection Act of 2019.
DATES: This order is effective April 23, 2020.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Raelynn Remy of the Media Bureau, Policy Division,
at [email protected] or (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Order, DA 20-375, adopted and released on April 3, 2020. 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://docs.fcc.gov/public/attachments/DA-20-375A1.doc. Documents will be available electronically
in ASCII, Microsoft Word, and/or Adobe Acrobat. The complete text may
be purchased from the Commission's copy contractor, 445 12th Street SW,
Room CY-B402, 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. As the nation tackles the COVID-19 pandemic, multichannel video
programming distributors (MVPDs) and providers of fixed broadband
internet access service are among the entities that are integral to the
Commission's ongoing, nationwide effort to keep Americans informed and
connected during this national emergency. So that these service
providers may focus their resources on this critical effort, we provide
appropriate flexibility for MVPDs and providers of fixed broadband
internet access service to fulfill their obligations under the
Television Viewer Protection Act of 2019 (TVPA). Specifically, by this
Order, we exercise our discretion under the TVPA to grant a blanket
extension until December 20, 2020, of the effective date of new truth-
in-billing requirements set forth in section 642 of the Communications
Act of 1934, as amended (the Act), as added by section 1004 of the
TVPA.
2. Section 642 of the Act requires MVPDs to ``give consumers a
breakdown of all charges related to the MVPD's video service'' before
entering into a contract with a consumer for service \1\ and also
provides consumers 24 hours in which to cancel such service without
penalty. In addition, section 642 requires greater transparency in
electronic bills and prohibits MVPDs and providers of fixed broadband
internet access service from charging consumers for equipment they do
not provide. Section 642, as added by the TVPA, becomes effective June
20, 2020, six months after the date of enactment of the TVPA; however,
the Commission for ``good cause'' may extend the effective date by six
months. On February 27, 2020, the Media Bureau issued a Public Notice
seeking comment on whether good cause exists for granting a blanket
extension of section 642's effective date by six months, until December
20, 2020.\2\
---------------------------------------------------------------------------
\1\ Section 642(a) of the Act, as added by section 1004(a) of
the TVPA, indicates that information about fees and other charges
may be provided by phone, in person, online, or by other reasonable
means, and that a copy of this information must be sent to consumers
by email, online link, or other reasonably comparable means not
later than 24 hours after entering into a contract.
\2\ 85 FR 14869.
---------------------------------------------------------------------------
3. Pursuant to section 1004(b) of the TVPA, we find that good cause
exists for granting a blanket extension of section 642's effective date
until December 20, 2020. We note that on March 13, 2020, approximately
two weeks after issuance of the Public Notice in this proceeding, the
President declared a national emergency concerning the COVID-19
pandemic. In view of the evolving and unpredictable nature of the
pandemic, and the additional demands it is placing on MVPDs and
providers of fixed broadband internet access service, we find that
extending section 642's effective date as specified above is both
reasonable and justified and will best serve the public interest.
Compliance with the new truth-in-billing requirements in section 642
may require that subject entities make changes to existing billing
systems, provide employee training, or take other compliance measures,
thereby requiring providers to divert resources away from other
consumer demands brought on by the pandemic. Indeed, we note that these
service providers are the entities principally responsible for
operating and maintaining the infrastructure that Americans
increasingly depend on for continued business and interpersonal
communications during the national emergency. As such, we believe their
foremost obligation at this time is to ensure continuity of service
adequate to meet the nation's needs.\3\ We also conclude, given the
indefinite length of time of the national emergency, that the public
interest would be served best by affording subject entities until
December 20, 2020--the maximum amount of time permitted by the
statute--to come into compliance with the requirements of section 642.
Indeed, we note that industry commenters claimed that an extension was
necessary even if the pandemic had not occurred because six months
likely would not have provided ample time for subject entities to take
the steps needed to implement the relevant TVPA requirements.
---------------------------------------------------------------------------
\3\ We note that many MVPDs and providers of fixed broadband
internet access service recently pledged to ensure connectivity for
Americans affected by pandemic-related disruptions. In addition, the
Commission has taken steps to ensure that certain such providers
have adequate capacity to keep Americans connected during the
national emergency.
---------------------------------------------------------------------------
4. Moreover, we find that the present national emergency provides
``good cause'' under the Administrative Procedure Act (APA) for
extending section 642's effective date without prior notice and
comment.\4\ As explained above, we have already independently
determined that the national emergency establishes good cause under
section 1004(b) of the TVPA to issue a blanket extension of
[[Page 22653]]
section 642's effective date, rendering notice and comment prior to
extending the effective date ``unnecessary.'' In addition, in light of
the disruptive effect of the national emergency on the daily activities
of entities subject to section 642 and other interested parties, and
the need for MVPDs and providers of fixed broadband internet access
service to focus their resources on the national emergency, we find
that delaying relief under the circumstances would not serve the
purpose of the extension and would fail to yield the public interest
benefits that notice and comment procedures are designed to produce.\5\
---------------------------------------------------------------------------
\4\ Given the fact that the TVPA expressly anticipates the need
for the Commission to grant an additional six-month extension of the
compliance date, we believe our doing so for all affected entities
is the most efficient use of both agency and industry resources
given that all such entities face demands brought on by the COVID-19
pandemic. Indeed, issuing a blanket extension here achieves the same
result as granting multiple extensions to individual providers in a
more efficient manner, and thereby avoids delay that could otherwise
result in an unnecessary diversion of industry and Commission
resources during this national crisis.
\5\ Although the pleading cycle for the Public Notice was
scheduled to conclude on April 13, 2020, given our finding of good
cause to dispense with public comment, we hereby rescind the Public
Notice.
---------------------------------------------------------------------------
5. Because this blanket extension does not require notice and
comment pursuant to the ``good cause'' exception of the Administrative
Procedure Act, the Regulatory Flexibility Act does not apply.
6. 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.
7. 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).
8. Accordingly, it is ordered that, pursuant to the authority found
in sections 4(i), 4(j), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 154(j), 303(r), section 1004 of the
Television Viewer Protection Act of 2019, section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C. 553, and sections 0.5(c) and
0.283 of the Commission's rules, 47 CFR 0.5(c), 0.283, this Order is
adopted. It is further ordered that, pursuant to section 1.113(a) of
the Commission's rules, 47 CFR 1.113(a), the March 16, 2020 Public
Notice in MB Docket No. 20-61 is hereby rescinded. It is further
ordered that this Order shall be effective upon publication in the
Federal Register.\6\ It is further ordered that, should no petitions
for reconsideration be timely filed, MB Docket No. 20-61 shall be
terminated, and its docket closed.
---------------------------------------------------------------------------
\6\ The blanket extension adopted herein serves to ``reliev[e] a
restriction.'' For similar reasons, there is also good cause to make
this Order effective upon Federal Register publication, in order to
provide certainty to affected providers during the current emergency
as to the effective date of the new requirements.
Federal Communications Commission.
Thomas Horan,
Media Bureau.
[FR Doc. 2020-07968 Filed 4-22-20; 8:45 am]
BILLING CODE 6712-01-P