Update to Publication for Television Broadcast Station DMA Determinations for Cable and Satellite Carriage, 62471-62472 [2023-19612]
Download as PDF
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
62471
TABLE 2 TO PARAGRAPH (d)—Continued
Parts per
million
Commodity
Vegetable,
Vegetable,
Vegetable,
Vegetable,
Vegetable,
Vegetable,
Vegetable,
Vegetable,
Brassica, head and stem, group 5–16 ..............................................................................................................................
bulb, group 3–07 ...............................................................................................................................................................
legume, forage and hay, group 7–22, forage ...................................................................................................................
legume, forage and hay, group 7–22, hay ........................................................................................................................
leafy, group 4–16 ..............................................................................................................................................................
leaves of root and tuber, group 2 .....................................................................................................................................
legume, group 6–22 ..........................................................................................................................................................
root, subgroup 1B ..............................................................................................................................................................
[FR Doc. 2023–19607 Filed 9–11–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 22–239; DA 23–740; FR ID
169282]
Update to Publication for Television
Broadcast Station DMA Determinations
for Cable and Satellite Carriage
Federal Communications
Commission.
ACTION: Technical amendment.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) conforms a section of its
rules to the requirements of the
Communications Act, correcting errors
that were inadvertently introduced in
the prior Report and Order, which
revised Commission rules to use the
Nielsen Company’s Local TV Station
Information Report as the successor
publication to the annual Station Index
Directory and United States Television
Household Estimates in determining a
television station’s designated market
area for satellite and cable carriage
under the Commission’s regulations.
This action makes no substantive
changes to this regulation.
DATES: This rule is effective October 12,
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 Media Bureau’s Order,
in MB Docket No. 22–239; DA 23–740,
adopted and released on August 21,
2023. The full text of this document is
available for download at https://
docs.fcc.gov/public/attachments/DA-23740A1.pdf. To request materials in
accessible formats (braille, large print,
computer diskettes, or audio
recordings), please send an email to
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:24 Sep 11, 2023
Jkt 259001
0.015
0.03
0.09
0.4
0.015
0.015
0.8
0.02
FCC504@fcc.gov (mailto:FCC504@
fccc.gov) or call the Consumer and
Government Affairs Bureau at (202)
418–0530 (VOICE), (202) 418–0432
(TTY).
the first and second sentences to
confirm that the next cycle runs from
2024–2026 (not 2024–2027), and the
following cycle runs from 2027–2029
(not 2028–2030).
Synopsis
On November 17, 2022, the
Commission adopted the Nielsen
Update Report and Order, MB Docket
No. 22–239, FCC 22–89, which revised
Commission rules to use the Nielsen
Company’s Local TV Station
Information Report as the successor
publication to the annual Station Index
Directory and United States Television
Household Estimates in determining a
television station’s designated market
area for satellite and cable carriage
under the Commission’s regulations.1
Pursuant to that change, § 76.66(e)(3) of
the Commission’s rules was revised, and
the time periods mentioned in that rule
were brought up to date.2 These updates
were intended to reflect the upcoming
statutorily-established carriage election
cycle periods,3 but contained errors.
Regulatory Analyses
Technical Correction
Section 47 U.S.C. 325(b)(3)(B)
requires that television stations, within
one year after October 5, 1992, and
every three years thereafter, make an
election between the right to grant
retransmission consent under this
subsection and the right to signal
carriage under section 534 of this
title.’’ 4 In this Order, we revise
§ 76.66(e)(3) of the Commission’s rules
in order to conform to the requirements
of the Communications Act.
Specifically, we correct the references to
the upcoming carriage election cycles in
1 Update to Publication for Television Broadcast
Station DMA Determinations for Cable and Satellite
Carriage, Report and Order, FCC 22–89, MB Docket
No. 22–239 (rel. Nov. 18, 2022).
2 Id. at Appendix B, Final Rules, para. 3.
3 47 U.S.C. 325(b)(3)(B) (‘‘The regulations
required by subparagraph (A) shall require that
television stations, within one year after October 5,
1992, and every three years thereafter, make an
election between the right to grant retransmission
consent under this subsection and the right to
signal carriage under section 534 of this title.’’).
4 Id.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
Administrative Procedure Act
We find that notice and comment
procedures are unnecessary under the
‘‘good cause’’ exception of the
Administrative Procedure Act (APA)
because correcting the references in
§ 76.66(e)(3) entails no exercise of our
administrative discretion.5 The dates of
each carriage cycle are long-established
as a matter of law, and the reference to
these dates in § 76.66 is merely as an aid
to understanding. The rule change does
not establish additional regulatory
obligations or burdens on regulated
entities. Consequently, we find notice
and comment procedures are
unnecessary for this action.
Paperwork Reduction Act Analysis
This document does not contain any
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA).6 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
Congressional Review Act
Because this is a technical correction,
there is no impact under the
Congressional Review Act, 5 U.S.C.
804(2). Thus, the Bureau will not send
5 5 U.S.C. 553(b)(3)(B) (notice and comment is not
necessary ‘‘when the agency for good cause finds
(and incorporates the finding and a brief statement
of reasons therefor in the rules issued) that notice
and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest’’).
6 The Paperwork Reduction Act of 1995, Public
Law 104–13, 109 Stat. 163 (1995) (codified in
Chapter 35 of title 44 U.S.C.).
7 The Small Business Paperwork Relief Act of
2002 (SBPRA), Public Law 107–198, 116 Stat. 729
(2002) (codified in Chapter 35 of title 44 U.S.C.); see
44 U.S.C. 3506(c)(4).
E:\FR\FM\12SER1.SGM
12SER1
62472
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
a copy of this Order to Congress or the
Government Accountability Office.
Regulatory Flexibility Act
Because these rule changes are being
adopted without notice and comment,
the Regulatory Flexibility Act 8 does not
apply.
[FR Doc. 2023–19612 Filed 9–11–23; 8:45 am]
List of Subjects in 47 CFR Part 76
Television.
BILLING CODE 6712–01–P
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
GENERAL SERVICES
ADMINISTRATION
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 76 by
making the following technical
amendment:
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
48 CFR Parts 515, 538, and 552
[GSAR Case 2019–G503; Docket No. 2022–
0019; Sequence No. 1]
RIN 3090–AK09
General Services Administration
Acquisition Regulation (GSAR);
Streamline GSA Commercial Contract
Clause Requirements
1. The authority citation for part 76
continues to read as follows:
AGENCY:
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.
SUMMARY:
■
2. Section 76.66 is amended by
revising paragraph (e)(3) to read as
follows:
■
§ 76.66
Satellite broadcast signal carriage.
*
lotter on DSK11XQN23PROD with RULES1
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.
*
*
*
*
*
*
*
*
*
(e) * * *
(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, 2026. The
October 2024 Nielsen Local TV Station
Information Report shall be used for the
retransmission consent-mandatory
carriage election cycle commencing
January 1, 2027, and ending December
31, 2029, 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
85
U.S.C. 601 et seq. See id. section 601(2).
VerDate Sep<11>2014
16:24 Sep 11, 2023
Jkt 259001
Office of Acquisition Policy,
General Services Administration.
ACTION: Final rule.
The General Services
Administration (GSA) is issuing this
final rule amending the GSAR to clarify
and streamline the clauses contracting
officers should reference in acquisitions
for commercial products and services.
DATES: Effective: October 12, 2023.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Nicholas Giles or Ms. Johnnie
McDowell, Procurement Analysts at
202–718–6112 or GSARPolicy@gsa.gov.
For information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegsec@gsa.gov.
Please cite GSAR Case 2019–G503.
SUPPLEMENTARY INFORMATION:
I. Background
GSA published a proposed rule in the
Federal Register at 87 FR 77783 on
December 20, 2022, to amend the GSAR
to streamline, reorganize, and delete
duplicative and outdated clauses. These
changes can be categorized into three
areas: reorganization of commercial
clauses and applicable parts; relocation
of an FSS clause; and editorial changes.
This rule updates several clauses and
other related parts by eliminating out of
date references and any requirements
that are not necessary by law.
Specifically, GSA streamlined and
reorganized the references in GSAR
Clauses 552.212–71 and 552.212–72,
and other related GSAR sections to
reduce duplicative content and to
ensure consistency within GSA’s
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
guidance as it relates to the acquisition
of commercial products and commercial
services.
In addition, GSA identified several
duplicative and outdated clauses
incorporated by reference at GSAR
552.212–71 Contract Terms and
Conditions Applicable to GSA
Acquisitions of Commercial Products
and Commercial Services, GSAR
552.212–72 Contract Terms and
Conditions Required To Implement
Statutes or Executive Orders Applicable
to GSA Acquisition of Commercial
Products and Commercial Services, and
other related GSAR sections.
II. Discussion of the Final Rule
A. Analysis of Public Comments
GSA provided the public a 60-day
comment period (December 20, 2022, to
February 21, 2023). GSA did not receive
any comments from the public.
B. Summary of Changes
GSA did not make any significant
changes, or changes of any kind, since
publication of the proposed rule.
III. Expected Impact of the Rule
This final rule will assist GSA’s
contracting officers in ensuring
appropriate safeguards are followed
when procuring commercial products
and services. Contracting officers will be
able to clearly identify which clauses to
consider inserting in solicitations and
contracts when procuring commercial
products and services. In addition, the
removal of duplicative and outdated
clauses will reduce the amount of time
contracting officers need in preparing
solicitation packages and monitoring
contracts.
IV. Executive Orders 12866, 13563 and
14094
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in E.O.
12866 and E.O. 13563. The Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB) has determined that this
E:\FR\FM\12SER1.SGM
12SER1
Agencies
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62471-62472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19612]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 22-239; DA 23-740; FR ID 169282]
Update to Publication for Television Broadcast Station DMA
Determinations for Cable and Satellite Carriage
AGENCY: Federal Communications Commission.
ACTION: Technical amendment.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) conforms a section of its rules to the requirements of the
Communications Act, correcting errors that were inadvertently
introduced in the prior Report and Order, which revised Commission
rules to use the Nielsen Company's Local TV Station Information Report
as the successor publication to the annual Station Index Directory and
United States Television Household Estimates in determining a
television station's designated market area for satellite and cable
carriage under the Commission's regulations. This action makes no
substantive changes to this regulation.
DATES: This rule is effective October 12, 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 Media Bureau's
Order, in MB Docket No. 22-239; DA 23-740, adopted and released on
August 21, 2023. The full text of this document is available for
download at https://docs.fcc.gov/public/attachments/DA-23-740A1.pdf. To
request materials in accessible formats (braille, large print, computer
diskettes, or audio recordings), please send an email to [email protected]
(mailto:[email protected]) or call the Consumer and Government Affairs
Bureau at (202) 418-0530 (VOICE), (202) 418-0432 (TTY).
Synopsis
On November 17, 2022, the Commission adopted the Nielsen Update
Report and Order, MB Docket No. 22-239, FCC 22-89, which revised
Commission rules to use the Nielsen Company's Local TV Station
Information Report as the successor publication to the annual Station
Index Directory and United States Television Household Estimates in
determining a television station's designated market area for satellite
and cable carriage under the Commission's regulations.\1\ Pursuant to
that change, Sec. 76.66(e)(3) of the Commission's rules was revised,
and the time periods mentioned in that rule were brought up to date.\2\
These updates were intended to reflect the upcoming statutorily-
established carriage election cycle periods,\3\ but contained errors.
---------------------------------------------------------------------------
\1\ Update to Publication for Television Broadcast Station DMA
Determinations for Cable and Satellite Carriage, Report and Order,
FCC 22-89, MB Docket No. 22-239 (rel. Nov. 18, 2022).
\2\ Id. at Appendix B, Final Rules, para. 3.
\3\ 47 U.S.C. 325(b)(3)(B) (``The regulations required by
subparagraph (A) shall require that television stations, within one
year after October 5, 1992, and every three years thereafter, make
an election between the right to grant retransmission consent under
this subsection and the right to signal carriage under section 534
of this title.'').
---------------------------------------------------------------------------
Technical Correction
Section 47 U.S.C. 325(b)(3)(B) requires that television stations,
within one year after October 5, 1992, and every three years
thereafter, make an election between the right to grant retransmission
consent under this subsection and the right to signal carriage under
section 534 of this title.'' \4\ In this Order, we revise Sec.
76.66(e)(3) of the Commission's rules in order to conform to the
requirements of the Communications Act. Specifically, we correct the
references to the upcoming carriage election cycles in the first and
second sentences to confirm that the next cycle runs from 2024-2026
(not 2024-2027), and the following cycle runs from 2027-2029 (not 2028-
2030).
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Regulatory Analyses
Administrative Procedure Act
We find that notice and comment procedures are unnecessary under
the ``good cause'' exception of the Administrative Procedure Act (APA)
because correcting the references in Sec. 76.66(e)(3) entails no
exercise of our administrative discretion.\5\ The dates of each
carriage cycle are long-established as a matter of law, and the
reference to these dates in Sec. 76.66 is merely as an aid to
understanding. The rule change does not establish additional regulatory
obligations or burdens on regulated entities. Consequently, we find
notice and comment procedures are unnecessary for this action.
---------------------------------------------------------------------------
\5\ 5 U.S.C. 553(b)(3)(B) (notice and comment is not necessary
``when the agency for good cause finds (and incorporates the finding
and a brief statement of reasons therefor in the rules issued) that
notice and public procedure thereon are impracticable, unnecessary,
or contrary to the public interest'').
---------------------------------------------------------------------------
Paperwork Reduction Act Analysis
This document does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA).\6\ 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\
---------------------------------------------------------------------------
\6\ The Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).
\7\ The Small Business Paperwork Relief Act of 2002 (SBPRA),
Public Law 107-198, 116 Stat. 729 (2002) (codified in Chapter 35 of
title 44 U.S.C.); see 44 U.S.C. 3506(c)(4).
---------------------------------------------------------------------------
Congressional Review Act
Because this is a technical correction, there is no impact under
the Congressional Review Act, 5 U.S.C. 804(2). Thus, the Bureau will
not send
[[Page 62472]]
a copy of this Order to Congress or the Government Accountability
Office.
Regulatory Flexibility Act
Because these rule changes are being adopted without notice and
comment, the Regulatory Flexibility Act \8\ does not apply.
---------------------------------------------------------------------------
\8\ 5 U.S.C. 601 et seq. See id. section 601(2).
---------------------------------------------------------------------------
List of Subjects in 47 CFR Part 76
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 76 by making the following
technical amendment:
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 76.66 is amended by revising paragraph (e)(3) to read as
follows:
Sec. 76.66 Satellite broadcast signal carriage.
* * * * *
(e) * * *
(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, 2026. The October 2024 Nielsen Local TV Station Information Report
shall be used for the retransmission consent-mandatory carriage
election cycle commencing January 1, 2027, and ending December 31,
2029, 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. 2023-19612 Filed 9-11-23; 8:45 am]
BILLING CODE 6712-01-P