Update to Publication for Television Broadcast Station DMA Determinations for Cable and Satellite Carriage, 74987-74988 [2022-26482]
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Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations
inspection, or repair, unless, prior to the
expiration of the vessel’s 30-day
drydock and repair period, the
Agreement Holder obtains approval
from MARAD for an extension beyond
30 days;
(vi) For any day in which the
Agreement Holder does not, at the
request of the Administrator, carry up to
two United States Merchant Marine
Academy cadets onboard; and
(vii) If the Agreement Holder does not
operate or maintain the Fleet Vessel in
accordance with the terms of the TSP
Operating Agreement.
(2) To the extent that non-payment
days under paragraph (c) of this section
are known, Agreement Holder payments
will be reduced at the time of the
current billing. The daily reduction
amounts will be based on the annual
amounts in paragraph (a) of this section
divided by 365 days (366 days in leap
years) and rounded to the nearest cent.
(3) MARAD may require, for good
cause, that a portion of the funds
payable under this section be withheld
if the provisions of § 294.23(a) have not
been met.
(4) Amounts owed to MARAD for
reductions applicable to a prior billing
period must be electronically
transferred using MARAD’s prescribed
format, or the amount owed can be
credited to MARAD by offsetting
amounts payable in future billing
periods.
Subpart F—Appeals Procedures
lotter on DSK11XQN23PROD with RULES1
§ 294.33
Administrative determinations.
(a) Policy. An Agreement Holder who
disagrees with the findings,
interpretations, or decisions of MARAD
with respect to the administration of
this part or any other dispute or
complaint concerning the Agreement
Holder’s TSP Operating Agreement(s)
may submit an appeal to the
Administrator. The appeals must be
made in writing to the Maritime
Administrator, within 60 days following
the date of the document notifying the
Agreement Holder of the administrative
determination of MARAD. Such an
appeal should be addressed to the
Maritime Administrator, Attn.: TSP
Operating Agreement Appeals, Maritime
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590 or
via email to sealiftsupport@dot.gov. An
appeal is a prerequisite to exhausting
administrative remedies.
(b) DoD determinations. 46 U.S.C.
chapter 534 assigns joint and separate
roles and responsibilities to the
Secretary and the SecDef. The
Administrator and the Commander will
make joint and separate findings,
VerDate Sep<11>2014
18:18 Dec 06, 2022
Jkt 259001
interpretations, and decisions necessary
to implement 46 U.S.C. chapter 534. An
Agreement Holder who disagrees with
the initial findings, interpretations, or
decisions regarding the implementation
of 46 U.S.C. chapter 534—whether joint
or separate in nature—must
communicate such disagreement to
MARAD. Any disagreement or dispute
of an Agreement Holder may, where
determined appropriate by MARAD, be
transferred to the Director of Policy and
Plans, USTRANSCOM for resolution.
An Agreement Holder who disagrees
with the findings, interpretations, or
decisions of the Director of Policy and
Plans, USTRANSCOM, with respect to
the administration of this part, may
submit an appeal to the Commander.
Such an appeal must be made in writing
to the Commander within 60 days
following the date of the document
notifying the Agreement Holder of the
administrative determination of the
Director of Policy and Plans. Such an
appeal should be addressed to the
Commander, United States
Transportation Command, 508 Scott
Drive, Scott Air Force Base, IL 62225–
5357. or via email to
transcom.scott.tccc.mbx.commander@
mail.mil.
(c) Process. The Administrator, or the
Commander in the case of a DoD
determination, may require the person
making the request to furnish additional
information, or proof of factual
allegations, and may order any
proceeding appropriate in the
circumstances. The decision of the
Administrator, or the Commander in the
case of a DoD determination, will be
administratively final.
(Authority: 46 U.S.C. chapter 534, 49 CFR
1.93)
By order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2022–26358 Filed 12–6–22; 8:45 am]
BILLING CODE 4910–81–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[MB Docket No. 22–239; FCC 22–89; FR ID
116204]
Update to Publication for Television
Broadcast Station DMA Determinations
for Cable and Satellite Carriage
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
74987
In this document, the
Commission amends its rules to
reference a new publication for use in
determining a television station’s
designated market area (DMA) for
satellite and cable carriage under the
Commission’s regulations. Under the
Commission’s current rules, television
broadcasters, cable operators, and
satellite carriers determine DMA for
carriage election and other purposes by
reference to the Nielsen Station Index
Directory (Annual Station Index) in
combination with the United States
Television Household Estimates
(Household Estimates), or a successor
publication. Nielsen Media Research
division will no longer publish the
Annual Station Index and has replaced
it with a monthly Local TV Station
Information Report (Local TV Report),
which is now the only publication
necessary to determine a station’s DMA.
The Household Estimates publication is
no longer in use. The Report and Order
therefore revises the rules to identify the
Local TV Report as that successor
publication. The Report and Order also
specifies the Local TV Report published
in the October two years prior to each
triennial carriage election as the
successor publication to be used to
determine a station’s DMA, as well as
for determining the local market of
broadcast television stations more
generally.
DATES: This rule is effective January 6,
2023.
FOR FURTHER INFORMATION CONTACT:
Contact Kenneth Lewis, Kenneth.lewis@
fcc.gov, of the Media Bureau, Policy
Division, (202) 418–2622.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, MB Docket No. 22–239, FCC
22–89, adopted on November 17, 2022,
and released on November 18, 2022.
The full text of this document is
available for download at https://
docs.fcc.gov/public/attachments/FCC22-89A1.pdf. To request materials in
accessible formats (braille, large print,
computer diskettes, or audio
recordings), please send an email to
FCC504@fcc.gov or call the Consumer
and Government Affairs Bureau at (202)
418–0530 (VOICE), (202) 418–0432
(TTY).
SUMMARY:
Synopsis
On July 14, 2022, the Commission
adopted a notice of proposed
rulemaking (NPRM), seeking comment
on referencing Nielsen’s Local TV
Station Information Report (Local TV
Report) for use in determining a
television station’s designated market
area (DMA) for satellite and cable
E:\FR\FM\07DER1.SGM
07DER1
lotter on DSK11XQN23PROD with RULES1
74988
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations
carriage under the Commission’s
regulations. Pursuant to the Act, and the
implementing rules adopted by the
Commission, commercial television
broadcast stations are entitled to assert
mandatory carriage rights on cable
systems located within their market.
Similarly, section 338 of the Act
requires satellite carriers to carry on
request all local television broadcast
stations’ signals in local markets in
which the satellite carrier carries at least
one local television broadcast signal
pursuant to the statutory copyright
license. A station’s market for cable and
satellite carriage is its DMA, as defined
by The Nielsen Company’s Annual
Station Index and Household Estimates
‘‘or any successor publications.’’ The
implementing regulations also specify
which edition of the Annual Station
Index is to be used for each election
cycle (specifically, the one published
the year prior to the election).
The Nielsen Company has notified the
Commission that its Nielsen Media
Research division will no longer publish
the annual Nielsen Station Index
Directory (Annual Station Index), which
has been used in combination with the
Nielsen Station Index and United States
Television Household Estimates
(Household Estimates), to determine a
station’s DMA for local television
stations seeking carriage. Nielsen has
stated that the information contained in
the Annual Station Index is now in the
Local TV Report, which is published
monthly. Thus, the Local TV Report is
now the only publication necessary to
determine a station’s DMA. The
Household Estimates publication is no
longer in use.
Commenters unanimously supported
amending our rules to eliminate the
references to the Annual Station Index
and Household Estimates and specify
the Local TV Report as the successor
publication to be used to determine a
station’s DMA. Thus, the references to
the Annual Station Index and
Household Estimates will be deleted
and replaced with the Local TV Report
in pertinent parts.
Commenters also unanimously
requested that the Commission amend
the rule to specifically reference the
October Local TV Report published two
years prior to each triennial carriage
election, which is consistent with the
Annual Station Index, which relied
upon information gathered in the
October two years prior to each triennial
carriage election. Based upon the record
support for this change, we amend the
rule to specify that DMA determinations
will be based on the October Local TV
Report published two years prior to the
triennial election.
VerDate Sep<11>2014
18:18 Dec 06, 2022
Jkt 259001
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). 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 ‘‘nonmajor’’ under the Congressional Review
Act, 5 U.S.C. 804(2). The Commission
will also send a copy of the Report and
Order to Congress and the Government
Accountability office, pursuant to 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 76
Carriage of Television Broadcast
Signals.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 76 as
follows:
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
1. The authority citation for part 76
continues to read as follows:
■
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 338, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572, 573.
2. Section 76.55 is amended by
revising paragraphs (e)(2) introductory
text and (e)(2)(i) to read as follows:
■
§ 76.55 Definitions applicable to the mustcarry rules.
*
*
*
*
*
(e) * * *
(2) A commercial broadcast station’s
market, unless amended pursuant to
§ 76.59, shall be defined as its
Designated Market Area (DMA) as
determined by Nielsen Media Research
and published in its Nielsen Local TV
Station Information Report or any
successor publications.
(i) The applicable DMA list for the
2023 election pursuant to § 76.64(f) will
be the DMA assignments specified in
the Nielsen October 2021 Local TV
Station Information Report, and so forth
using the publications for the October
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
two years prior to each triennial election
pursuant to § 76.64(f).
*
*
*
*
*
3. Section 76.66 is amended by
revising paragraphs (e)(2) and (3) to read
as follows:
■
§ 76.66
Satellite broadcast signal carriage.
*
*
*
*
*
(e) * * *
(2) A designated market area is the
market area, as determined by Nielsen
Media Research and published in the
1999–2000 Nielsen Station Index
Directory and Nielsen Station Index
United States Television Household
Estimates, the October 2021 Nielsen
Local TV Station Information Report, or
any successor publication. In the case of
areas outside of any designated market
area, any census area, borough, or other
area in the State of Alaska that is
outside of a designated market area, as
determined by Nielsen Media Research,
shall be deemed to be part of one of the
local markets in the State of Alaska.
(3) A satellite carrier shall use the
October 2021 Nielsen Local TV Station
Information for the retransmission
consent-mandatory carriage election
cycle commencing on January 1, 2024
and ending on December 31, 2027. The
October 2024 Nielsen Local TV Station
Information Report shall be used for the
retransmission consent-mandatory
carriage election cycle commencing
January 1, 2028, and ending December
31, 2030, and so forth using the
publications for the October two years
prior to each triennial election pursuant
to this section. Provided, however, that
a county deleted from a market by
Nielsen need not be subtracted from a
market in which a satellite carrier
provides local-into-local service, if that
county is assigned to that market in the
1999–2000 Nielsen Station Index
Directory or any subsequent issue of
that publication, or the Local TV Station
Information Report commencing with
October 2021, and every three years
thereafter (i.e., October 2024, October
2027, etc.). A satellite carrier may
determine which local market in the
State of Alaska will be deemed to be the
relevant local market in connection with
each subscriber in an area in the State
of Alaska that is outside of a designated
market, as described in paragraph (e)(2)
of this section.
*
*
*
*
*
[FR Doc. 2022–26482 Filed 12–6–22; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\07DER1.SGM
07DER1
]]>Agencies
[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74987-74988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26482]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MB Docket No. 22-239; FCC 22-89; FR ID 116204]
Update to Publication for Television Broadcast Station DMA
Determinations for Cable and Satellite Carriage
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission amends its rules to reference
a new publication for use in determining a television station's
designated market area (DMA) for satellite and cable carriage under the
Commission's regulations. Under the Commission's current rules,
television broadcasters, cable operators, and satellite carriers
determine DMA for carriage election and other purposes by reference to
the Nielsen Station Index Directory (Annual Station Index) in
combination with the United States Television Household Estimates
(Household Estimates), or a successor publication. Nielsen Media
Research division will no longer publish the Annual Station Index and
has replaced it with a monthly Local TV Station Information Report
(Local TV Report), which is now the only publication necessary to
determine a station's DMA. The Household Estimates publication is no
longer in use. The Report and Order therefore revises the rules to
identify the Local TV Report as that successor publication. The Report
and Order also specifies the Local TV Report published in the October
two years prior to each triennial carriage election as the successor
publication to be used to determine a station's DMA, as well as for
determining the local market of broadcast television stations more
generally.
DATES: This rule is effective January 6, 2023.
FOR FURTHER INFORMATION CONTACT: Contact Kenneth Lewis,
[email protected], of the Media Bureau, Policy Division, (202) 418-
2622.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, MB Docket No. 22-239, FCC 22-89, adopted on November 17,
2022, and released on November 18, 2022. The full text of this document
is available for download at https://docs.fcc.gov/public/attachments/FCC-22-89A1.pdf. To request materials in accessible formats (braille,
large print, computer diskettes, or audio recordings), please send an
email to [email protected] or call the Consumer and Government Affairs
Bureau at (202) 418-0530 (VOICE), (202) 418-0432 (TTY).
Synopsis
On July 14, 2022, the Commission adopted a notice of proposed
rulemaking (NPRM), seeking comment on referencing Nielsen's Local TV
Station Information Report (Local TV Report) for use in determining a
television station's designated market area (DMA) for satellite and
cable
[[Page 74988]]
carriage under the Commission's regulations. Pursuant to the Act, and
the implementing rules adopted by the Commission, commercial television
broadcast stations are entitled to assert mandatory carriage rights on
cable systems located within their market. Similarly, section 338 of
the Act requires satellite carriers to carry on request all local
television broadcast stations' signals in local markets in which the
satellite carrier carries at least one local television broadcast
signal pursuant to the statutory copyright license. A station's market
for cable and satellite carriage is its DMA, as defined by The Nielsen
Company's Annual Station Index and Household Estimates ``or any
successor publications.'' The implementing regulations also specify
which edition of the Annual Station Index is to be used for each
election cycle (specifically, the one published the year prior to the
election).
The Nielsen Company has notified the Commission that its Nielsen
Media Research division will no longer publish the annual Nielsen
Station Index Directory (Annual Station Index), which has been used in
combination with the Nielsen Station Index and United States Television
Household Estimates (Household Estimates), to determine a station's DMA
for local television stations seeking carriage. Nielsen has stated that
the information contained in the Annual Station Index is now in the
Local TV Report, which is published monthly. Thus, the Local TV Report
is now the only publication necessary to determine a station's DMA. The
Household Estimates publication is no longer in use.
Commenters unanimously supported amending our rules to eliminate
the references to the Annual Station Index and Household Estimates and
specify the Local TV Report as the successor publication to be used to
determine a station's DMA. Thus, the references to the Annual Station
Index and Household Estimates will be deleted and replaced with the
Local TV Report in pertinent parts.
Commenters also unanimously requested that the Commission amend the
rule to specifically reference the October Local TV Report published
two years prior to each triennial carriage election, which is
consistent with the Annual Station Index, which relied upon information
gathered in the October two years prior to each triennial carriage
election. Based upon the record support for this change, we amend the
rule to specify that DMA determinations will be based on the October
Local TV Report published two years prior to the triennial election.
This document does not contain information collection requirements
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In
addition, therefore, it does not contain any proposed information
collection burden ``for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). 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 also send a copy of the Report and Order to
Congress and the Government Accountability office, pursuant to 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 76
Carriage of Television Broadcast Signals.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 76 as follows:
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
1. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503,
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548,
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.
0
2. Section 76.55 is amended by revising paragraphs (e)(2) introductory
text and (e)(2)(i) to read as follows:
Sec. 76.55 Definitions applicable to the must-carry rules.
* * * * *
(e) * * *
(2) A commercial broadcast station's market, unless amended
pursuant to Sec. 76.59, shall be defined as its Designated Market Area
(DMA) as determined by Nielsen Media Research and published in its
Nielsen Local TV Station Information Report or any successor
publications.
(i) The applicable DMA list for the 2023 election pursuant to Sec.
76.64(f) will be the DMA assignments specified in the Nielsen October
2021 Local TV Station Information Report, and so forth using the
publications for the October two years prior to each triennial election
pursuant to Sec. 76.64(f).
* * * * *
0
3. Section 76.66 is amended by revising paragraphs (e)(2) and (3) to
read as follows:
Sec. 76.66 Satellite broadcast signal carriage.
* * * * *
(e) * * *
(2) A designated market area is the market area, as determined by
Nielsen Media Research and published in the 1999-2000 Nielsen Station
Index Directory and Nielsen Station Index United States Television
Household Estimates, the October 2021 Nielsen Local TV Station
Information Report, or any successor publication. In the case of areas
outside of any designated market area, any census area, borough, or
other area in the State of Alaska that is outside of a designated
market area, as determined by Nielsen Media Research, shall be deemed
to be part of one of the local markets in the State of Alaska.
(3) A satellite carrier shall use the October 2021 Nielsen Local TV
Station Information for the retransmission consent-mandatory carriage
election cycle commencing on January 1, 2024 and ending on December 31,
2027. The October 2024 Nielsen Local TV Station Information Report
shall be used for the retransmission consent-mandatory carriage
election cycle commencing January 1, 2028, and ending December 31,
2030, and so forth using the publications for the October two years
prior to each triennial election pursuant to this section. Provided,
however, that a county deleted from a market by Nielsen need not be
subtracted from a market in which a satellite carrier provides local-
into-local service, if that county is assigned to that market in the
1999-2000 Nielsen Station Index Directory or any subsequent issue of
that publication, or the Local TV Station Information Report commencing
with October 2021, and every three years thereafter (i.e., October
2024, October 2027, etc.). A satellite carrier may determine which
local market in the State of Alaska will be deemed to be the relevant
local market in connection with each subscriber in an area in the State
of Alaska that is outside of a designated market, as described in
paragraph (e)(2) of this section.
* * * * *
[FR Doc. 2022-26482 Filed 12-6-22; 8:45 am]
BILLING CODE 6712-01-P
