80 FR 11328 - Implementation of the STELA Reauthorization Act of 2014

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 41 (March 3, 2015)

Page Range		11328-11330
FR Document		2015-04337
The Federal Communications Commission (``Commission'') amends its rules to implement certain provisions of the STELA Reauthorization Act of 2014. Collectively, those provisions: Extend to January 1, 2020 the good faith negotiation requirements applicable to multichannel video programming distributors (``MVPDs'') and television broadcast stations, and the exclusive contract prohibition applicable to such broadcast stations; prohibit same-market television broadcast stations from coordinating negotiations or negotiating on a joint basis for retransmission consent except under certain conditions; prohibit a television broadcast station from limiting the ability of an MVPD to carry into its local market television signals that are deemed ``significantly viewed'' or that otherwise are permitted to be carried by the MVPD, with certain exceptions; and eliminate the ``sweeps prohibition'' in the Communications Act of 1934, as amended (``the Act'').
Federal Register, Volume 80 Issue 41 (Tuesday, March 3, 2015)
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Rules and Regulations]
[Pages 11328-11330]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04337]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MB Docket No. 15-37; FCC 15-21]


Implementation of the STELA Reauthorization Act of 2014

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (``Commission'') amends 
its rules to implement certain provisions of the STELA Reauthorization 
Act of 2014. Collectively, those provisions: Extend to January 1, 2020 
the good faith negotiation requirements applicable to multichannel 
video programming distributors (``MVPDs'') and television broadcast 
stations, and the exclusive contract prohibition applicable to such 
broadcast stations; prohibit same-market television broadcast stations 
from coordinating negotiations or negotiating on a joint basis for 
retransmission consent except under certain conditions; prohibit a 
television broadcast station from limiting the ability of an MVPD to 
carry into its local market television signals that are deemed 
``significantly viewed'' or that otherwise are permitted to be carried 
by the MVPD, with certain exceptions; and eliminate the ``sweeps 
prohibition'' in the Communications Act of 1934, as amended (``the 
Act'').

DATES: Effective April 2, 2015.

FOR FURTHER INFORMATION CONTACT: Raelynn Remy, [email protected], 
Federal Communications Commission, Media Bureau, (202) 418-2936.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
MB Docket No. 15-37, FCC 15-21, which was adopted on February 13, 2015 
and released on February 18, 2015. The full text of this document 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 http://fjallfoss.fcc.gov/ecfs/. 
Documents will be available electronically in ASCII, Microsoft Word, 
and/or Adobe Acrobat. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format), by 
sending an email to [email protected] or calling the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).

Paperwork Reduction Act of 1995 Analysis

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. 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, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Document Summary

I. Introduction

    1. In this Order, we amend our rules to implement three provisions 
of the STELA Reauthorization Act of 2014 (``STELAR'').\1\ Collectively, 
those provisions: (i) Extend to January 1, 2020 the good faith 
negotiation requirements applicable to multichannel video programming 
distributors (``MVPDs'') and television broadcast stations, and the 
exclusive contract prohibition applicable to such broadcast stations; 
\2\ (ii) prohibit same-market television broadcast stations from 
coordinating negotiations or negotiating on a joint basis for 
retransmission consent except under certain conditions; \3\ (iii) 
prohibit a television broadcast station from limiting the ability of an 
MVPD to carry into its local market television signals that are deemed 
``significantly viewed'' or that otherwise are permitted to be carried 
by the MVPD, with certain exceptions; \4\ and (iv) eliminate the 
``sweeps prohibition'' in section 614(b)(9) of the Communications Act 
of 1934, as amended (``the Act'').\5\
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    \1\ See Public Law 113-200, 128 Stat. 2059 (2014). The STELAR 
was enacted on December 4, 2014 (H.R. 5728, 113th Cong.).
    \2\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 101 of the 
STELAR).
    \3\ See id. (as amended by section 103(a) of the STELAR).
    \4\ See id. (as amended by section 103(b) of the STELAR).
    \5\ See 47 U.S.C. 534(b)(9) (as amended by section 105 of the 
STELAR).
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    2. The STELAR requires the Commission, among other things, to 
undertake several proceedings to adopt new rules, amend or repeal 
existing rules, and conduct analyses. This proceeding implements 
sections 101, 103 and 105 of the STELAR.\6\ We address those provisions 
in one order because their implementation entails no exercise of our 
administrative discretion and, therefore, notice and comment procedures 
are unnecessary under the ``good cause'' exception to the 
Administrative Procedure Act (``APA'').\7\ We discuss each provision, 
in turn.
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    \6\ Provisions of the STELAR that we do not implement in this 
Order will be addressed in other proceedings.
    \7\ See 5 U.S.C. 553(b)(B). See also Metzenbaum v. Federal 
Energy Regulatory Commission, 675 F.2d 1282, 1291 (D.C. Cir. 1982) 
(agency order, issued pursuant to Congressional waiver of certain 
provisions of federal law that otherwise would have governed 
construction and operation of Alaskan natural gas pipeline, was 
appropriately issued without notice and comment under the APA's 
``good cause'' exception as a nondiscretionary ministerial action); 
Komjathy v. Nat'l Transp. Safety Bd., 832 F.2d 1294, 1296-97 (D.C. 
Cir. 1987) (notice and comment is unnecessary where the regulation 
does no more than repeat, virtually verbatim, the statutory grant of 
authority), cert. denied, 486 U.S. 1057 (1988).

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[[Page 11329]]

II. Discussion

A. Section 101 of the STELAR: Extension of Sunset Dates in 
Retransmission Consent Rules

    3. We revise Sec.  76.64(b)(3)(ii) of our rules (relating to the 
retransmission consent exemption for carriage of distant network 
signals by satellite carriers), Sec.  76.64(l) (relating to the 
prohibition on exclusive retransmission consent contracts) and Sec.  
76.65(f) (relating to the expiration of the reciprocal good faith 
negotiation requirements) to reflect the new sunset dates established 
in section 101 of the STELAR. Section 101 amends section 325(b)(2)(C) 
of the Act by replacing the previous sunset date of December 31, 2014 
with a new sunset date of December 31, 2019. Section 101 also amends 
section 325(b)(3)(C) of the Act to replace the previous sunset date of 
January 1, 2015 with a new sunset date of January 1, 2020.\8\ 
Accordingly, we amend Sec. Sec.  76.64(b)(3)(ii), 76.64(l), and 
76.65(f) of our rules to reflect those new sunset dates.
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    \8\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 101 of the 
STELAR) (requiring MVPDs and television broadcast stations to 
negotiate retransmission consent in good faith and prohibiting such 
stations from engaging in exclusive contracts for carriage).
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B. Section 103(a) of the STELAR: Ban on Joint Negotiation for 
Retransmission Consent

    4. We also revise Sec.  76.65(b) of our rules (setting forth 
standards for good faith negotiation) to incorporate new provisions of 
section 325 added by the STELAR. In particular, section 103(a) of the 
STELAR revises section 325 by adding new subsection 325(b)(3)(C)(iv), 
which, read as part of section 325(b)(3)(C) as a whole, requires the 
Commission to revise its retransmission consent rules:

    [to] prohibit a television broadcast station from coordinating 
negotiations or negotiating on a joint basis with another television 
broadcast station in the same local market (as defined in section 
122(j) of title 17, United States Code) to grant retransmission 
consent under this section to a [MVPD], unless such stations are 
directly or indirectly under common de jure control permitted under 
the regulations of the Commission.\9\
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    \9\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 103 of the 
STELAR).

    5. In accordance with our statutory mandate in section 
325(b)(3)(C), we revise Sec.  76.65(b) of our rules to incorporate this 
new provision virtually verbatim. Specifically, we repeal Sec.  
76.65(b)(1)(viii) of our rules (governing joint negotiation of 
retransmission consent) and replace that provision with language 
implementing new section 325(b)(3)(C)(iv) of the Act. We take this 
action based on our conclusion that the prohibition on joint 
negotiation in new section 325(b)(3)(C)(iv) is broader than, and thus 
supersedes, the Commission's existing prohibition.\10\
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    \10\ For example, the prohibition on joint negotiation codified 
in Sec.  76.65(b)(1)(viii) of our existing rules applies by its 
terms only to same-market ``Top Four'' television broadcast 
stations, whereas the new statutory ban applies to all same-market 
television broadcast stations. Moreover, in contrast to the existing 
ban on joint negotiation (which permits joint negotiation of 
retransmission consent by stations that are commonly owned, operated 
or controlled as determined by the Commission's broadcast 
attribution rules), the new statutory ban permits joint negotiation 
only by stations that ``are directly or indirectly under common de 
jure control permitted under the regulations of the Commission.'' 
Compare 47 CFR 76.65(b)(1)(viii) with 47 U.S.C. 325(b)(3)(C) (as 
amended by section 103(a) of the STELAR).
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C. Section 103(b) of the STELAR: Protections for Significantly Viewed 
and Other Television Signals

    6. In addition, section 103(b) of the STELAR amends section 325 by 
adding new subsection 325(b)(3)(C)(v). Read as part of section 
325(b)(3)(C) in its entirety, that new subsection directs the 
Commission to amend its retransmission consent rules:

    [to] prohibit a television broadcast station from limiting the 
ability of a [MVPD] to carry into the local market (as defined in 
[S]ection 122(j) of title 17, United States Code) of such station a 
television signal that has been deemed significantly viewed, within 
the meaning of [S]ection 76.54 of title 47, Code of Federal 
Regulations, or any successor regulation, or any television 
broadcast signal such distributor is authorized to carry under 
[S]ection 338, 339, 340, or 614 of [the] Act, unless such stations 
are directly or indirectly under common de jure control permitted by 
the Commission.\11\
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    \11\ See 47 U.S.C. 325(b)(3)(C) (as amended by section 103 of 
the STELAR).

    7. Thus, we amend Sec.  76.65(b) of our rules by adding new 
subsection 76.65(b)(1)(ix), which incorporates the protections for 
significantly viewed and other television signals established in 
section 103(b) of the STELAR.

D. Section 105 of the STELAR

    8. We amend Sec.  76.1601 of our rules by removing the prohibition 
on deletion or repositioning of local commercial television stations by 
cable operators during periods in which major television ratings 
services measure such stations' audience size, otherwise known as the 
``sweeps prohibition.'' \12\ Section 105(a) of the STELAR amends 
section 614(b)(9) of the Act by eliminating the sweeps prohibition,\13\ 
and section 105(b) directs the Commission to conform its rules 
accordingly.\14\ Pursuant to Congress's directive in section 105(b), 
therefore, we amend our rules to eliminate Note 1 of Sec.  76.1601.
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    \12\ See 47 CFR 76.1601, Note 1.
    \13\ In particular, section 105(a) of the STELAR amends section 
614(b)(9) of the Act by striking the second sentence, which states 
that ``[n]o deletion or repositioning of a local commercial 
television station shall occur during a period in which major 
television ratings services measure the size of audiences of local 
television stations.'' 47 U.S.C. 534(b)(9).
    \14\ Section 105(b) of the STELAR provides that ``[n]ot later 
than 90 days after the date of enactment of this Act, the Commission 
shall revise [S]ection 76.1601 of its rules . . . and any note to 
such section by removing the [sweeps prohibition].'' See Public Law 
113-200, 128 Stat. 2059, 105(b) (2014).
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E. ``Good Cause'' Under Section 553(b)(B) of the APA

    9. Consistent with previous decisions, we amend our rules as set 
forth above without providing for prior public notice and comment. Our 
action here is largely ministerial because it simply effectuates new 
sunset dates or other provisions established by legislation, and 
requires no exercise of administrative discretion. For this reason, we 
conclude that prior notice and comment would serve no useful purpose 
and are unnecessary. We, therefore, find that this action comes within 
the ``good cause'' exception to the notice and comment requirements of 
the APA.\15\
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    \15\ See 5 U.S.C. 553(b)(B).
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III. Procedural Matters

A. Regulatory Flexibility Act

    10. Because we adopt this Order without notice and comment, the 
Regulatory Flexibility Act (RFA) does not apply.\16\
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    \16\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 
(1996). The SBREFA was enacted as Title II of the Contract with 
America Advancement Act of 1996 (CWAAA).
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B. Paperwork Reduction Act

    11. This document does not contain any new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA).\17\ In addition, therefore, it does not contain any information 
collection burden for small business concerns with fewer than 25 
employees, pursuant to the Small Business Paperwork Relief Act of 
2002.\18\
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    \17\ The Paperwork Reduction Act of 1995, Public Law 104-13, 109 
Stat. 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).
    \18\ 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).

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[[Page 11330]]

C. Congressional Review Act

    12. The Commission will send a copy of this Order in a report to be 
sent to Congress and the Government Accountability Office, pursuant to 
the Congressional Review Act.\19\
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    \19\ See 5 U.S.C. 801(a)(1)(A).
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D. Additional Information

    13. For more information, contact Raelynn Remy, 
[email protected], Policy Division, Media Bureau, (202) 418-2936.

IV. Ordering Clauses

    14. Accordingly, IT IS ORDERED that, pursuant to the authority 
found in sections 4(i), 4(j), 303(r), 325 and 614 of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), 325, and 
534, and sections 101, 103 and 105 of the STELA Reauthorization Act of 
2014, Public Law 113-200, 128 Stat. 2059 (2014), this Order IS ADOPTED 
and the Commission's rules ARE HEREBY AMENDED as set forth below.
    15. IT IS FURTHER ORDERED that, pursuant to the authority found in 
sections 4(i), 4(j), 303(r), 325 and 614 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), 325, and 534, and 
sections 101, 103 and 105 of the STELA Reauthorization Act of 2014, 
Public Law 113-200, 128 Stat. 2059 (2014), the rules SHALL BE EFFECTIVE 
thirty (30) days after the date of publication in the Federal Register.
    16. IT IS FURTHER ORDERED that the Commission shall send a copy of 
this Order in MB Docket No. 15-37 in a report to be sent to Congress 
and the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 76

    Cable television.

Federal Communications Commission.
Marlene H. Dortch,
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. Amend the authority citation for part 76 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 76.64 is amended by revising paragraphs (b)(3)(ii) and (l) 
to read as follows:


Sec.  76.64  Retransmission consent.

* * * * *
    (b) * * *
    (3) * * *
    (ii) The broadcast station is owned or operated by, or affiliated 
with a broadcasting network, and the household receiving the signal is 
an unserved household. This paragraph shall terminate at midnight on 
December 31, 2019, provided that if Congress further extends this date, 
the rules remain in effect until the statutory authorization expires.
* * * * *
    (l) Exclusive retransmission consent agreements are prohibited. No 
television broadcast station shall make or negotiate any agreement with 
one multichannel video programming distributor for carriage to the 
exclusion of other multichannel video programming distributors. This 
paragraph shall terminate at midnight on January 1, 2020, provided that 
if Congress further extends this date, the rules remain in effect until 
the statutory authorization expires.
* * * * *

0
3. Section 76.65 is amended by revising paragraph (b)(1)(viii) and by 
adding paragraph (b)(1)(ix) and revising paragraph (f) to read as 
follows:


Sec.  76.65  Good faith and exclusive retransmission consent 
complaints.

* * * * *
    (b) * * *
    (1) * * *
    (viii) Coordination of negotiations or negotiation on a joint basis 
by two or more television broadcast stations in the same local market 
(as defined in 17 U.S.C. 122(j)) to grant retransmission consent to a 
multichannel video programming distributor, unless such stations are 
directly or indirectly under common de jure control permitted under the 
regulations of the Commission.
    (ix) The imposition by a television broadcast station of 
limitations on the ability of a multichannel video programming 
distributor to carry into the local market (as defined in 17 U.S.C. 
122(j)) of such station a television signal that has been deemed 
significantly viewed, within the meaning of Sec.  76.54 of this part, 
or any successor regulation, or any other television broadcast signal 
such distributor is authorized to carry under 47 U.S.C. 338, 339, 340 
or 534, unless such stations are directly or indirectly under common de 
jure control permitted by the Commission.
* * * * *
    (f) Termination of rules. This section shall terminate at midnight 
on January 1, 2020, provided that if Congress further extends this 
date, the rules remain in effect until the statutory authorization 
expires.


Sec.  76.1601  [Amended].

0
4. Amend Sec.  76.1601 by removing Note 1.

[FR Doc. 2015-04337 Filed 3-2-15; 8:45 am]
BILLING CODE 6712-01-P
11328 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

1934, as amended. The information distributors (‘‘MVPDs’’) and television (‘‘STELAR’’).1 Collectively, those
collections are necessary largely to broadcast stations, and the exclusive provisions: (i) Extend to January 1, 2020
determine whether and under what contract prohibition applicable to such the good faith negotiation requirements
conditions the Commission should grant broadcast stations; prohibit same-market applicable to multichannel video
a license for proposed submarine cables television broadcast stations from programming distributors (‘‘MVPDs’’)
landing in the United States, including coordinating negotiations or negotiating and television broadcast stations, and
applicants that are, or are affiliated on a joint basis for retransmission the exclusive contract prohibition
with, foreign carriers in the destination consent except under certain applicable to such broadcast stations; 2
market of the proposed submarine cable. conditions; prohibit a television (ii) prohibit same-market television
Pursuant to Executive Order No. 10530, broadcast station from limiting the
broadcast stations from coordinating
the Commission has been delegated the ability of an MVPD to carry into its local
negotiations or negotiating on a joint
President’s authority under the Cable market television signals that are
deemed ‘‘significantly viewed’’ or that basis for retransmission consent except
Landing License Act to grant cable
otherwise are permitted to be carried by under certain conditions; 3 (iii) prohibit
landing licenses, provided that the
the MVPD, with certain exceptions; and a television broadcast station from
Commission must obtain the approval of
the State Department and seek advice eliminate the ‘‘sweeps prohibition’’ in limiting the ability of an MVPD to carry
from other government agencies as the Communications Act of 1934, as into its local market television signals
appropriate. If the collection is not amended (‘‘the Act’’). that are deemed ‘‘significantly viewed’’
conducted or is conducted less DATES: Effective April 2, 2015. or that otherwise are permitted to be
frequently, applicants will not obtain FOR FURTHER INFORMATION CONTACT:
carried by the MVPD, with certain
the authorizations necessary to provide Raelynn Remy, Raelynn.Remy@fcc.gov, exceptions; 4 and (iv) eliminate the
telecommunications services and Federal Communications Commission, ‘‘sweeps prohibition’’ in section
facilities, and the Commission will be Media Bureau, (202) 418–2936. 614(b)(9) of the Communications Act of
unable to carry out its mandate under SUPPLEMENTARY INFORMATION: This is a 1934, as amended (‘‘the Act’’).5
the Cable Landing License Act and summary of the Commission’s Order, 2. The STELAR requires the
Executive Order 10530. In addition, MB Docket No. 15–37, FCC 15–21, Commission, among other things, to
without the collection, the United States which was adopted on February 13, undertake several proceedings to adopt
would jeopardize its ability to fulfill the 2015 and released on February 18, 2015. new rules, amend or repeal existing
U.S. obligations as negotiated under the The full text of this document is rules, and conduct analyses. This
World Trade Organization (WTO) Basic available for public inspection and proceeding implements sections 101,
Telecom Agreement because certain of copying during regular business hours 103 and 105 of the STELAR.6 We
these information collection in the FCC Reference Center, Federal address those provisions in one order
requirements are imperative to detecting Communications Commission, 445 12th because their implementation entails no
and deterring anticompetitive conduct. Street SW., Room CY–A257,
They are also necessary to preserve the exercise of our administrative discretion
Washington, DC 20554. This document and, therefore, notice and comment
Executive Branch agencies’ and the will also be available via ECFS at
Commission’s ability to review foreign procedures are unnecessary under the
http://fjallfoss.fcc.gov/ecfs/. Documents
investments for national security, law ‘‘good cause’’ exception to the
will be available electronically in ASCII,
enforcement, foreign policy, and trade Administrative Procedure Act
Microsoft Word, and/or Adobe Acrobat.
concerns. (‘‘APA’’).7 We discuss each provision, in
Alternative formats are available for
people with disabilities (Braille, large turn.
Federal Communications Commission.
Marlene H. Dortch, print, electronic files, audio format), by
1 See Public Law 113–200, 128 Stat. 2059 (2014).
Secretary. sending an email to fcc504@fcc.gov or
The STELAR was enacted on December 4, 2014
[FR Doc. 2015–04336 Filed 3–2–15; 8:45 am]
calling the Commission’s Consumer and
(H.R. 5728, 113th Cong.).
Governmental Affairs Bureau at (202) 2 See 47 U.S.C. 325(b)(3)(C) (as amended by
BILLING CODE 6712–01–P
418–0530 (voice), (202) 418–0432 section 101 of the STELAR).
(TTY). 3 See id. (as amended by section 103(a) of the

FEDERAL COMMUNICATIONS Paperwork Reduction Act of 1995 STELAR).
COMMISSION Analysis
4 See id. (as amended by section 103(b) of the

STELAR).
47 CFR Part 76 This document does not contain new 5 See 47 U.S.C. 534(b)(9) (as amended by section

or modified information collection 105 of the STELAR).
[MB Docket No. 15–37; FCC 15–21] requirements subject to the Paperwork 6 Provisions of the STELAR that we do not

Reduction Act of 1995 (PRA), Public implement in this Order will be addressed in other
Implementation of the STELA Law 104–13. In addition, therefore, it proceedings.
Reauthorization Act of 2014 does not contain any new or modified 7 See 5 U.S.C. 553(b)(B). See also Metzenbaum v.

‘‘information collection burden for Federal Energy Regulatory Commission, 675 F.2d
AGENCY: Federal Communications 1282, 1291 (D.C. Cir. 1982) (agency order, issued
Commission. small business concerns with fewer than
pursuant to Congressional waiver of certain
25 employees,’’ pursuant to the Small
ACTION: Final rule. provisions of federal law that otherwise would have
Business Paperwork Relief Act of 2002, governed construction and operation of Alaskan
SUMMARY: The Federal Communications Public Law 107–198, see 44 U.S.C. natural gas pipeline, was appropriately issued
Rmajette on DSK2VPTVN1PROD with RULES

Commission (‘‘Commission’’) amends 3506(c)(4). without notice and comment under the APA’s
its rules to implement certain provisions ‘‘good cause’’ exception as a nondiscretionary
Document Summary ministerial action); Komjathy v. Nat’l Transp. Safety
of the STELA Reauthorization Act of
I. Introduction Bd., 832 F.2d 1294, 1296–97 (D.C. Cir. 1987) (notice
2014. Collectively, those provisions: and comment is unnecessary where the regulation
Extend to January 1, 2020 the good faith 1. In this Order, we amend our rules does no more than repeat, virtually verbatim, the
negotiation requirements applicable to to implement three provisions of the statutory grant of authority), cert. denied, 486 U.S.
multichannel video programming STELA Reauthorization Act of 2014 1057 (1988).

VerDate Sep<11>2014 15:05 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1
Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11329

II. Discussion language implementing new section and section 105(b) directs the
325(b)(3)(C)(iv) of the Act. We take this Commission to conform its rules
A. Section 101 of the STELAR:
action based on our conclusion that the accordingly.14 Pursuant to Congress’s
Extension of Sunset Dates in
prohibition on joint negotiation in new directive in section 105(b), therefore, we
Retransmission Consent Rules
section 325(b)(3)(C)(iv) is broader than, amend our rules to eliminate Note 1 of
3. We revise § 76.64(b)(3)(ii) of our and thus supersedes, the Commission’s § 76.1601.
rules (relating to the retransmission existing prohibition.10
consent exemption for carriage of E. ‘‘Good Cause’’ Under Section
C. Section 103(b) of the STELAR: 553(b)(B) of the APA
distant network signals by satellite
Protections for Significantly Viewed and
carriers), § 76.64(l) (relating to the 9. Consistent with previous decisions,
Other Television Signals
prohibition on exclusive retransmission we amend our rules as set forth above
consent contracts) and § 76.65(f) 6. In addition, section 103(b) of the without providing for prior public
(relating to the expiration of the STELAR amends section 325 by adding notice and comment. Our action here is
reciprocal good faith negotiation new subsection 325(b)(3)(C)(v). Read as largely ministerial because it simply
requirements) to reflect the new sunset part of section 325(b)(3)(C) in its effectuates new sunset dates or other
dates established in section 101 of the entirety, that new subsection directs the provisions established by legislation,
STELAR. Section 101 amends section Commission to amend its and requires no exercise of
325(b)(2)(C) of the Act by replacing the retransmission consent rules: administrative discretion. For this
previous sunset date of December 31, [to] prohibit a television broadcast station reason, we conclude that prior notice
2014 with a new sunset date of from limiting the ability of a [MVPD] to carry and comment would serve no useful
December 31, 2019. Section 101 also into the local market (as defined in [S]ection purpose and are unnecessary. We,
amends section 325(b)(3)(C) of the Act 122(j) of title 17, United States Code) of such
station a television signal that has been therefore, find that this action comes
to replace the previous sunset date of deemed significantly viewed, within the within the ‘‘good cause’’ exception to
January 1, 2015 with a new sunset date meaning of [S]ection 76.54 of title 47, Code the notice and comment requirements of
of January 1, 2020.8 Accordingly, we of Federal Regulations, or any successor the APA.15
amend §§ 76.64(b)(3)(ii), 76.64(l), and regulation, or any television broadcast signal
76.65(f) of our rules to reflect those new such distributor is authorized to carry under III. Procedural Matters
sunset dates. [S]ection 338, 339, 340, or 614 of [the] Act, A. Regulatory Flexibility Act
unless such stations are directly or indirectly
B. Section 103(a) of the STELAR: Ban on under common de jure control permitted by 10. Because we adopt this Order
Joint Negotiation for Retransmission the Commission.11 without notice and comment, the
Consent 7. Thus, we amend § 76.65(b) of our Regulatory Flexibility Act (RFA) does
4. We also revise § 76.65(b) of our rules by adding new subsection not apply.16
rules (setting forth standards for good 76.65(b)(1)(ix), which incorporates the
B. Paperwork Reduction Act
faith negotiation) to incorporate new protections for significantly viewed and
provisions of section 325 added by the other television signals established in 11. This document does not contain
STELAR. In particular, section 103(a) of section 103(b) of the STELAR. any new or modified information
the STELAR revises section 325 by D. Section 105 of the STELAR collection requirements subject to the
adding new subsection 325(b)(3)(C)(iv), Paperwork Reduction Act of 1995
which, read as part of section 8. We amend § 76.1601 of our rules by (PRA).17 In addition, therefore, it does
325(b)(3)(C) as a whole, requires the removing the prohibition on deletion or not contain any information collection
Commission to revise its retransmission repositioning of local commercial burden for small business concerns with
consent rules: television stations by cable operators fewer than 25 employees, pursuant to
during periods in which major the Small Business Paperwork Relief
[to] prohibit a television broadcast station television ratings services measure such
from coordinating negotiations or negotiating Act of 2002.18
stations’ audience size, otherwise
on a joint basis with another television
broadcast station in the same local market (as
known as the ‘‘sweeps prohibition.’’ 12
second sentence, which states that ‘‘[n]o deletion or
defined in section 122(j) of title 17, United Section 105(a) of the STELAR amends repositioning of a local commercial television
States Code) to grant retransmission consent section 614(b)(9) of the Act by station shall occur during a period in which major
under this section to a [MVPD], unless such eliminating the sweeps prohibition,13 television ratings services measure the size of
stations are directly or indirectly under audiences of local television stations.’’ 47 U.S.C.
534(b)(9).
common de jure control permitted under the 10 For example, the prohibition on joint
14 Section 105(b) of the STELAR provides that
regulations of the Commission.9 negotiation codified in § 76.65(b)(1)(viii) of our
existing rules applies by its terms only to same- ‘‘[n]ot later than 90 days after the date of enactment
5. In accordance with our statutory market ‘‘Top Four’’ television broadcast stations, of this Act, the Commission shall revise [S]ection
76.1601 of its rules . . . and any note to such
mandate in section 325(b)(3)(C), we whereas the new statutory ban applies to all same-
section by removing the [sweeps prohibition].’’ See
market television broadcast stations. Moreover, in
revise § 76.65(b) of our rules to contrast to the existing ban on joint negotiation Public Law 113–200, 128 Stat. 2059, 105(b) (2014).
incorporate this new provision virtually (which permits joint negotiation of retransmission 15 See 5 U.S.C. 553(b)(B).

verbatim. Specifically, we repeal consent by stations that are commonly owned, 16 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601

§ 76.65(b)(1)(viii) of our rules (governing operated or controlled as determined by the et seq., has been amended by the Small Business
Commission’s broadcast attribution rules), the new Regulatory Enforcement Fairness Act of 1996
joint negotiation of retransmission statutory ban permits joint negotiation only by (SBREFA), Public Law 104–121, Title II, 110 Stat.
consent) and replace that provision with stations that ‘‘are directly or indirectly under 857 (1996). The SBREFA was enacted as Title II of
common de jure control permitted under the the Contract with America Advancement Act of
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8 See 47 U.S.C. 325(b)(3)(C) (as amended by regulations of the Commission.’’ Compare 47 CFR 1996 (CWAAA).
section 101 of the STELAR) (requiring MVPDs and 76.65(b)(1)(viii) with 47 U.S.C. 325(b)(3)(C) (as 17 The Paperwork Reduction Act of 1995, Public

television broadcast stations to negotiate amended by section 103(a) of the STELAR). Law 104–13, 109 Stat. 163 (1995) (codified in
11 See 47 U.S.C. 325(b)(3)(C) (as amended by
retransmission consent in good faith and Chapter 35 of title 44 U.S.C.).
prohibiting such stations from engaging in section 103 of the STELAR). 18 The Small Business Paperwork Relief Act of
exclusive contracts for carriage). 12 See 47 CFR 76.1601, Note 1.
2002 (SBPRA), Public Law 107–198, 116 Stat. 729
9 See 47 U.S.C. 325(b)(3)(C) (as amended by 13 In particular, section 105(a) of the STELAR (2002) (codified in Chapter 35 of title 44 U.S.C.); see
section 103 of the STELAR). amends section 614(b)(9) of the Act by striking the 44 U.S.C. 3506(c)(4).

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11330 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations

C. Congressional Review Act 544a, 545, 548, 549, 552, 554, 556, 558, 560, indirectly under common de jure
561, 571, 572, 573. control permitted by the Commission.
12. The Commission will send a copy
of this Order in a report to be sent to ■ 2. Section 76.64 is amended by * * * * *
Congress and the Government revising paragraphs (b)(3)(ii) and (l) to (f) Termination of rules. This section
Accountability Office, pursuant to the read as follows: shall terminate at midnight on January
Congressional Review Act.19 § 76.64 Retransmission consent. 1, 2020, provided that if Congress
further extends this date, the rules
D. Additional Information * * * * *
(b) * * * remain in effect until the statutory
13. For more information, contact (3) * * * authorization expires.
Raelynn Remy, Raelynn.Remy@fcc.gov, (ii) The broadcast station is owned or
Policy Division, Media Bureau, (202) § 76.1601 [Amended].
operated by, or affiliated with a
418–2936. broadcasting network, and the ■ 4. Amend § 76.1601 by removing Note
IV. Ordering Clauses household receiving the signal is an 1.
unserved household. This paragraph [FR Doc. 2015–04337 Filed 3–2–15; 8:45 am]
14. Accordingly, IT IS ORDERED that,
shall terminate at midnight on BILLING CODE 6712–01–P
pursuant to the authority found in
December 31, 2019, provided that if
sections 4(i), 4(j), 303(r), 325 and 614 of
Congress further extends this date, the
the Communications Act of 1934, as
rules remain in effect until the statutory DEPARTMENT OF COMMERCE
amended, 47 U.S.C. 154(i), 154(j),
authorization expires.
303(r), 325, and 534, and sections 101,
* * * * * National Oceanic and Atmospheric
103 and 105 of the STELA
(l) Exclusive retransmission consent Administration
Reauthorization Act of 2014, Public Law
113–200, 128 Stat. 2059 (2014), this agreements are prohibited. No television
broadcast station shall make or negotiate 50 CFR Part 622
Order IS ADOPTED and the
Commission’s rules ARE HEREBY any agreement with one multichannel [Docket No. 101206604–1758–02]
AMENDED as set forth below. video programming distributor for
carriage to the exclusion of other RIN 0648–XD790
15. IT IS FURTHER ORDERED that,
pursuant to the authority found in multichannel video programming
Fisheries of the Caribbean, Gulf of
sections 4(i), 4(j), 303(r), 325 and 614 of distributors. This paragraph shall
Mexico, and South Atlantic; Coastal
the Communications Act of 1934, as terminate at midnight on January 1,
Migratory Pelagic Resources of the
amended, 47 U.S.C. 154(i), 154(j), 2020, provided that if Congress further
Gulf of Mexico and South Atlantic; Trip
303(r), 325, and 534, and sections 101, extends this date, the rules remain in
Limit Increase
103 and 105 of the STELA effect until the statutory authorization
Reauthorization Act of 2014, Public Law expires. AGENCY: National Marine Fisheries
113–200, 128 Stat. 2059 (2014), the rules * * * * * Service (NMFS), National Oceanic and
SHALL BE EFFECTIVE thirty (30) days ■ 3. Section 76.65 is amended by Atmospheric Administration (NOAA),
after the date of publication in the revising paragraph (b)(1)(viii) and by Commerce.
Federal Register. adding paragraph (b)(1)(ix) and revising ACTION: Temporary rule; in-season trip
16. IT IS FURTHER ORDERED that paragraph (f) to read as follows: limit increase.
the Commission shall send a copy of
this Order in MB Docket No. 15–37 in § 76.65 Good faith and exclusive SUMMARY: NMFS increases the trip limit
retransmission consent complaints. in the commercial sector for king
a report to be sent to Congress and the
Government Accountability Office * * * * * mackerel in the Florida east coast
pursuant to the Congressional Review (b) * * * subzone to 75 fish per day in or from the
Act, see 5 U.S.C. 801(a)(1)(A). (1) * * * exclusive economic zone (EEZ). This
(viii) Coordination of negotiations or trip limit increase is necessary to
List of Subjects in 47 CFR Part 76 negotiation on a joint basis by two or maximize the socioeconomic benefits
Cable television. more television broadcast stations in the associated with harvesting the quota.
same local market (as defined in 17
Federal Communications Commission. DATES: This rule is effective 12:01 a.m.,
U.S.C. 122(j)) to grant retransmission
Marlene H. Dortch, local time, March 1, 2015, through
consent to a multichannel video
Secretary. March 31, 2015, unless NMFS publishes
programming distributor, unless such
a superseding document in the Federal
Final rules stations are directly or indirectly under
Register.
common de jure control permitted
For the reasons discussed in the FOR FURTHER INFORMATION CONTACT:
under the regulations of the
preamble, the Federal Communications Susan Gerhart, NMFS Southeast
Commission.
Commission amends 47 CFR part 76 as (ix) The imposition by a television Regional Office, telephone: 727–824–
follows: broadcast station of limitations on the 5305, email: susan.gerhart@noaa.gov.
PART 76—MULTICHANNEL VIDEO ability of a multichannel video SUPPLEMENTARY INFORMATION: The
AND CABLE TELEVISION SERVICE programming distributor to carry into fishery for coastal migratory pelagic fish
the local market (as defined in 17 U.S.C. (king mackerel, Spanish mackerel, and
■ 1. Amend the authority citation for 122(j)) of such station a television signal cobia) is managed under the Fishery
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part 76 to read as follows: that has been deemed significantly Management Plan for the Coastal
Authority: 47 U.S.C. 151, 152, 153, 154, viewed, within the meaning of § 76.54 Migratory Pelagic Resources of the Gulf
301, 302, 302a, 303, 303a, 307, 308, 309, 312, of this part, or any successor regulation, of Mexico and South Atlantic (FMP).
315, 317, 325, 338, 339, 340, 341, 503, 521, or any other television broadcast signal The FMP was prepared by the Gulf of
522, 531, 532, 534, 535, 536, 537, 543, 544, such distributor is authorized to carry Mexico and South Atlantic Fishery
under 47 U.S.C. 338, 339, 340 or 534, Management Councils (Councils) and is
19 See 5 U.S.C. 801(a)(1)(A). unless such stations are directly or implemented under the authority of the

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Document Created: 2015-12-18 11:55:43
Document Modified: 2015-12-18 11:55:43
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective April 2, 2015.
Contact		Raelynn Remy, [email protected], Federal Communications Commission, Media Bureau, (202) 418-2936.
FR Citation		80 FR 11328