Electronic Delivery of Notices to Broadcast Television Stations; Modernization of Media Regulation Initiative
| Published date | 15 July 2020 |
| Citation | 85 FR 42742 |
| Record Number | 2020-14960 |
| Section | Rules and Regulations |
| Court | Federal Communications Commission |
Federal Register, Volume 85 Issue 136 (Wednesday, July 15, 2020)
[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42742-42745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14960]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76
[MB Docket Nos. 19-165, 17-105; FCC 20-8; FRS 16923]
Electronic Delivery of Notices to Broadcast Television Stations;
Modernization of Media Regulation Initiative
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC)
announces that the Office of Management and Budget (OMB) has approved
non-substantive and non-material changes to the information collections
associated with certain rule amendments adopted in the Report and
Order, FCC 20-8, MB Docket Nos. 19-165, 17-105 (Report and Order), to
modernize certain notice requirements for cable operators and direct
broadcast satellite (DBS) providers. The Commission also announces that
compliance with the revised rules is required. This document is
consistent with Electronic Delivery of Notices to Broadcast Television
Stations, published March 20, 2020, which stated that the Commission
would publish a document in the Federal Register announcing the
compliance date for the revised rules listed in the DATES section
below.
DATES: Compliance with the amendments to 47 CFR 74.779, 76.54(e),
76.64(k), 76.66(d)(1)(vi), (d)(2)(ii), (v), and (vi), (d)(3)(iv),
(d)(5)(i), (f)(3) and (4), and (h)(5), 76.1600(e), 76.1607, 76.1608,
76.1609, and 76.1617(a) and (c), published March 20, 2020, at 85 FR
15999, is required as of July 31, 2020.
FOR FURTHER INFORMATION CONTACT: Brendan Holland of the Media Bureau,
Industry Analysis Division, at (202) 418-2757 or
[email protected].
SUPPLEMENTARY INFORMATION: This document announces that OMB approved
the non-substantive and non-material changes to the information
collection requirements in Sec. Sec. 76.1607 and 76.1617(a) and (c) on
March 19, 2020. OMB approved the non-substantive and non-material
changes to the information collection requirements in Sec. Sec.
76.54(e), 76.64(k), 76.66(d)(1)(vi), (d)(2)(ii), (v), and (vi),
(d)(3)(iv), (d)(5)(i), (f)(3) and (4), and (h)(5), 76.1600(e), 76.1607,
and 76.1608 on March 31, 2020, and the changes to Sec. 76.1609 were
approved by OMB on April 13, 2020. The remaining rule amendments
adopted in the Report and Order did not contain new or modified
information collection requirements subject to OMB approval under the
Paperwork Reduction Act.
The Commission publishes this document as an announcement of the
compliance date of the revised rules. If you have any comments on the
burden estimates listed below, or how the Commission can improve the
collections and reduce any burdens caused thereby, please contact Cathy
Williams, Federal Communications Commission, Room 1-C823, 445 12th
Street SW, Washington, DC 20554, regarding OMB Control Number 3060-
1273. Please include the applicable OMB Control Number in your
correspondence. The Commission will also accept your comments via email
at [email protected].
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received final OMB
approval for the information collection requirements contained in
Sec. Sec. 76.54(e), 76.64(k), 76.66(d)(1)(vi), (d)(2)(ii), (v), and
(vi), (d)(3)(iv), (d)(5)(i), (f)(3) and (4), and (h)(5), 76.1600(e),
76.1607, 76.1608, 76.1609, and 76.1617(a) and (c). Under 5 CFR part
1320, an agency may not conduct or sponsor a collection of information
unless it displays a current, valid OMB Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number.
The foregoing is required by the Paperwork Reduction Act of 1995,
Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0311.
OMB Approval Date: March 31, 2020.
OMB Expiration Date: March 31, 2023.
Title: Section 76.54, Significantly Viewed Signals; Method to be
Followed for Special Showings.
Form Number: N/A.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 500 respondents; 1,274
responses.
Estimated Time per Response: 1-15 hours (average).
Frequency of Response: On-occasion reporting and third-party
disclosure requirements.
Total Annual Burden: 20,610 hours.
Total Annual Cost: $300,000.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act: No impact(s).
Needs and Uses: The information collection requirements contained
in 47 CFR 76.54(b) state significant viewing in a cable television or
satellite community for signals not shown as significantly viewed under
47 CFR 76.54(a) or (d) may be demonstrated by an independent
professional audience survey of over-the-air television homes that
covers at least two weekly periods separated by at least thirty days
but no more than one of which shall be a week between the months of
April and September. If two surveys are taken, they shall include
samples sufficient to assure that the combined surveys result in an
average figure at least one standard error above the required viewing
level.
The information collection requirements contained in 47 CFR
76.54(c) are used to notify interested parties, including licensees or
permittees of television broadcast stations, about audience surveys
that are being conducted by an organization to demonstrate that a
particular broadcast station is eligible for significantly viewed
status under the Commission's rules. The notifications provide
interested parties with an opportunity to review survey methodologies
and file objections.
Lastly, 47 CFR 76.54(e) and (f), are used to notify television
broadcast
[[Page 42743]]
stations about the retransmission of significantly viewed signals by a
satellite carrier into these stations' local market.
The FCC received approval from OMB for a non-substantive and non-
material change to the information collection under OMB Control No.
3060-0311 as a result of the rulemaking discussed below.
On January 30, 2020, the Commission adopted a Report and Order, FCC
20-8, in MB Docket Nos. 19-165 and 17-105 (Report and Order). The
Report and Order updated the Commission's notification rules for cable
operators and direct broadcast satellite providers by transitioning
certain written notices from paper to electronic delivery via email. To
help effectuate this transition to email delivery of notices, the
Report and Order revised 47 CFR 76.54(e) to require that after July 31,
2020, the notices mandated by the rule must be delivered to television
broadcast stations electronically in accordance with 47 CFR
76.66(d)(2)(ii). The revised requirements are effective as stated in
the summary of the Report and Order, published at 85 FR 15999, on March
20, 2020.
OMB Control Number: 3060-0419.
OMB Approval Date: April 13, 2020.
OMB Expiration Date: March 31, 2023.
Title: Sections 76.94, Notification; 76.95, Exceptions, 76.105,
Notification; 76.106, Exceptions; 76.107, Exclusivity contracts; and
76.1609, Non duplication and syndicated exclusivity.
Form Number: N/A.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 5,977 respondents; 249,577
responses.
Estimated Time per Response: 0.5 to 2.0 hours.
Frequency of Response: On-occasion reporting requirement; One-time
reporting requirement; Third-party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in
Section 4(i) of the Communications Act of 1934, as amended.
Total Annual Burden: 233,153 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act: No impact(s).
Needs and Uses: The Commission rules that are covered under this
collection require broadcast television stations and program
distributors to notify cable television system operators of network
non-duplication protection and syndicated exclusivity rights being
sought within prescribed limitations and terms of contractual
agreements. These various notification and disclosure requirements are
to protect broadcasters who purchase the exclusive rights to transmit
network and syndicated programming in their recognized markets. The FCC
received approval from OMB for a non-substantive and non-material
change to the information collection under OMB Control No. 3060-0419 as
a result of the rulemaking discussed below.
On January 30, 2020, the Commission adopted a Report and Order, FCC
20-8, in MB Docket Nos. 19-165 and 17-105 (Report and Order). The
Report and Order updated the Commission's notification rules for cable
operators and direct broadcast satellite providers by transitioning
certain written notices from paper to electronic delivery via email. To
help effectuate this transition to email delivery of notices, the
Report and Order revised 47 CFR 76.1609 to require that after July 31,
2020, the notices mandated by the rule must be delivered to broadcast
stations electronically in accordance with 47 CFR 76.1600. The revised
requirements are effective as stated in the summary of the Report and
Order, published at 85 FR 15999, on March 20, 2020.
OMB Control Number: 3060-0649.
OMB Approval Date: March 19, 2020.
OMB Expiration Date: February 28, 2023.
Title: Section 76.1601, Deletion or Repositioning of Broadcast
Signals; Section 76.1617, Initial Must-Carry Notice; Section 76.1607,
Principal Headend.
Form Number: N/A.
Respondents: Business or other for-profit entities; Not for profit
institutions.
Number of Respondents and Responses: 3,300 respondents; 3,950
responses.
Estimated Time per Response: 0.5 to 1.0 hours.
Frequency of Response: On-occasion reporting requirement; Third-
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in
Section 4(i) of the Communications Act of 1934, as amended.
Total Annual Burden: 2,050 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act: No impact(s).
Needs and Uses: The information collection requirements covered
under this information collection are as follows:
Regulations at 47 CFR 76.1601 require that a cable operator shall
provide written notice to any broadcast television station at least 30
days prior to either deleting from carriage or repositioning that
station. Such notification shall also be provided to subscribers of the
cable system.
Regulations at 47 CFR 76.1607 require that a cable operator shall
provide written notice to all stations carried on its system pursuant
to the must-carry rules at least 60 days prior to any change in the
designation of its principal headend.
Regulations at 47 CFR 76.1617(a) state within 60 days of activation
of a cable system, a cable operator must notify all qualified Non-
Commercial Education (NCE) stations of its designated principal
headend.
Regulations at 47 CFR 76.1617(b) state within 60 days of activation
of a cable system, a cable operator must notify all local commercial
and NCE stations that may not be entitled to carriage because they
either fail to meet the standards for delivery of a good quality signal
to the cable system's principal headend, or may cause an increased
copyright liability to the cable system.
Regulations at 47 CFR 76.1617(c) state within 60 days of activation
of a cable system, a cable operator must send a list of all broadcast
television stations carried by its system and their channel positions
to all local commercial and noncommercial television stations,
including those not designated as must-carry stations and those not
carried on the system.
The FCC received approval from OMB for a non-substantive and non-
material change to the information collection under OMB Control No.
3060-0649 as a result of the rulemaking discussed below.
On January 30, 2020, the Commission adopted a Report and Order, FCC
20-8, in MB Docket Nos. 19-165 and 17-105 (Report and Order). The
Report and Order updated the Commission's notification rules for cable
operators and direct broadcast satellite providers by transitioning
certain written notices from paper to electronic delivery via email. To
help effectuate this transition to email delivery of notices, the
Report and Order revised 47 CFR 76.1601, 76.1607, and 76.1617 to
require that after July 31, 2020, the notices mandated by these rules
must be delivered to broadcast stations electronically in accordance
with 47 CFR 76.1600. The revised requirements are effective as stated
in the summary of
[[Page 42744]]
the Report and Order, published at 85 FR 15999, on March 20, 2020.
OMB Control Number: 3060-0652.
OMB Approval Date: March 31, 2020.
OMB Expiration Date: June 30, 2023.
Title: Section 76.309, Customer Service Obligations; Section
76.1600, Electronic Delivery of Notices; Section 76.1602, Customer
Service--General Information, Section 76.1603, Customer Service--Rate
and Service Changes and 76.1619, Information and Subscriber Bills.
Form Number: N/A.
Respondents: Business or other for-profit entities; State, Local or
Tribal Government.
Number of Respondents and Responses: 4,113 respondents; 1,109,246
responses.
Estimated Time per Response: 0.0167 to 1.0 hours.
Frequency of Response: On-occasion reporting requirement; Third-
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections 4(i) and 632 of the Communications Act of 1934, as amended.
Total Annual Burden: 41,796 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act: No impact(s).
Needs and Uses: The Commission requires that the various disclosure
and notifications contained in this collection as a means of consumer
protection to ensure that subscribers and franchising authorities are
aware of cable operators' business practices, current rates, rate
changes for programming, service and equipment, and channel line-up
changes. Permitting the use of email modernizes the Commission's rules
regarding notices required to be provided by MVPDs. The FCC received
approval from OMB for a non-substantive and non-material change to the
information collection under OMB Control No. 3060-0652 as a result of
the rulemaking discussed below.
On January 30, 2020, the Commission adopted a Report and Order, FCC
20-8, in MB Docket Nos. 19-165 and 17-105 (Report and Order). The
Report and Order updated the Commission's notification rules for cable
operators and direct broadcast satellite providers by transitioning
certain written notices from paper to electronic delivery via email. To
help effectuate this transition to email delivery of notices, the
Report and Order added to 47 CFR 76.1600 a new subsection (e) requiring
that after July 31, 2020, cable operators must use email to deliver the
notices required by Sec. Sec. 76.64(k), 76.1601, 76.1607, 76.1608,
76.1609, and 76.1617 to broadcast television stations.
Specifically, after July 31, 2020, covered notices to full-power
and Class A television stations must be emailed to the ``carriage
issues'' inbox that the station publicizes in its online public
inspection file (OPIF) in accordance with 47 CFR 73.3526 and 73.3527.
Similarly, after July 31, 2020, covered notices to low-power television
(LPTV) stations will be emailed to the inbox already provided by the
station licensee in the Commission's Licensing and Management System
(LMS) under existing procedures. After July 31, 2020, covered notices
to qualified noncommercial educational (NCE) translator stations must
be delivered to the email address listed for the licensee of the NCE
translator station in LMS, or alternatively to the ``carriage issues''
email address listed in the primary station's OPIF, if the NCE
translator station does not have its own email address listed in LMS.
The revised requirements are effective as stated in the summary of the
Report and Order, published at 85 FR 15999, on March 20, 2020.
OMB Control Number: 3060-0844.
OMB Approval Date: March 31, 2020.
OMB Expiration Date: February 28, 2023.
Title: Cable Carriage of Television Broadcast Stations: Section
76.56(a) Carriage of qualified noncommercial educational stations;
Section 76.57, Channel positioning; Section 76.61(a)(1)-(2) Section
76.64, Retransmission consent.
Form Number: N/A.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 4,902 respondents; 7,082
responses.
Estimated Time per Response: 0.5 to 5.0 hours.
Frequency of Response: On-occasion reporting requirement; Third-
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
Sections 1, 4(i) and (j), 325, 338, 614, 615, 631, 632, and 653 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and (j),
325, 338, 534, 535, 551, 552, and 573.
Total Annual Burden: 4,486 hours.
Total Annual Cost: No cost.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act: No impact(s).
Needs and Uses: Under Section 614 of the Communications Act and the
implementing rules adopted by the Commission, commercial TV broadcast
stations are entitled to assert mandatory carriage rights on cable
systems located within the station's television market. Under Section
325(b) of the Communications Act, commercial TV broadcast stations are
entitled to negotiate with local cable systems for carriage of their
signal pursuant to retransmission consent agreements in lieu of
asserting must carry rights. This system is therefore referred to as
``Must-Carry and Retransmission Consent.'' Under Section 615 of the
Communications Act, noncommercial educational (NCE) stations are also
entitled to assert mandatory carriage rights on cable systems located
within the station's market; however, noncommercial TV broadcast
stations are not entitled to retransmission consent. The Commission's
rules implementing sections 614 and 615 of the Communications Act
require, among other things, that a cable system commencing new
operation must notify all local commercial and noncommercial broadcast
stations of its intent to commence service. The cable operator must
send such notification at least 60 days prior to commencing cable
service (New Cable System Notices). The new cable system must notify
each station if its signal quality does not meet the standards for
carriage and if any copyright liability would be incurred for the
carriage of such signal. The FCC received approval from OMB for a non-
substantive and non-material change to the information collection under
OMB Control No. 3060-0844 as a result of the rulemaking discussed
below.
On January 30, 2020, the Commission adopted a Report and Order, FCC
20-8, in MB Docket Nos. 19-165 and 17-105 (Report and Order). The
Report and Order updated the Commission's notification rules for cable
operators and direct broadcast satellite providers by transitioning
certain written notices from paper to electronic delivery via email. To
help effectuate this transition to email delivery of notices, the
Report and Order revised 47 CFR 76.64(k) to require that after July 31,
2020, the New Cable System Notices mandated by the rule must be
delivered to broadcast stations electronically in accordance with 47
CFR 76.1600. The revised requirements are effective as stated in the
summary of the Report and Order, published at 85 FR 15999, on March 20,
2020.
OMB Control Number: 3060-0980.
OMB Approval Date: March 31, 2020.
[[Page 42745]]
OMB Expiration Date: February 28, 2023.
Title: Implementation of the Satellite Home Viewer Extension and
Reauthorization Act of 1999: Local Broadcast Signal Carriage Issues and
Retransmission Consent Issues--47 CFR Section 76.66.
Form Number: N/A.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 3,410 respondents; 4,388
responses.
Estimated Time per Response: 0.5 to 5.0 hours.
Frequency of Response: On-occasion reporting requirement; Third-
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
47 U.S.C. 325, 338, 339, and 340.
Total Annual Burden: 3,576 hours.
Total Annual Cost: $24,000.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act: No impact(s).
Needs and Uses: On January 30, 2020, the Commission adopted a
Report and Order, FCC 20-8, in MB Docket Nos. 19-165 and 17-105 (Report
and Order). The Report and Order updated the Commission's notification
rules for cable operators and direct broadcast satellite (DBS)
providers by transitioning certain written notices from paper to
electronic delivery via email. To help effectuate this transition to
email delivery of notices, the Report and Order revised 47 CFR
76.66(d)(1)(vi), (d)(2)(i), (d)(2)(v), (d)(2)(vi), (d)(3)(iv),
(d)(5)(i), (f)(3)-(4), and (h)(5) to require that after July 31, 2020,
the notices mandated by these rules must be delivered to television
broadcast stations electronically in accordance with 47 CFR
76.66(d)(ii). That rule, as revised by the Report and Order, requires
that after July 31, 2020, covered notices to television broadcast
stations must be emailed to the ``carriage issues'' inbox that the
station publicizes in its online public inspection file (OPIF) in
accordance with 47 CFR 73.3526 and 73.3527. The revised requirements
are effective as stated in the summary of the Report and Order,
published at 85 FR 15999, on March 20, 2020.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020-14960 Filed 7-14-20; 8:45 am]
BILLING CODE 6712-01-P
