81 FR 24050 - Petition for Declaratory Ruling Filed by National Cable & Telecommunications Association and American Cable Association
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 79 (April 25, 2016)
Federal Register Volume 81, Issue 79 (April 25, 2016)
| Page Range | 24050-24051 | |
| FR Document | 2016-09504 |
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)] [Proposed Rules] [Pages 24050-24051] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09504] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [MB Docket No. 16-126; DA 16-407] Petition for Declaratory Ruling Filed by National Cable & Telecommunications Association and American Cable Association AGENCY: Federal Communications Commission. ACTION: Petition for declaratory ruling; request for comments. ----------------------------------------------------------------------- SUMMARY: This document seeks comment on a petition for declaratory ruling filed by the National Cable & Telecommunications Association and American Cable Association seeking a declaratory ruling clarifying the ``written information'' requirement of section 76.1602(b) of the Commission's rules. Specifically, NCTA and ACA ``seek a ruling that electronic dissemination by email to subscribers for whom a cable operator has a confirmed email address, by the provision of appropriately-noticed links to Web sites, or by other electronic measures reasonably calculated to reach [[Page 24051]] individual customers, satisfies the requirement if the information is also available in print upon customer request.'' DATES: Comments are due on or before May 26, 2016; reply comments are due on or before June 10, 2016. ADDRESSES: You may submit comments, identified by MB Docket No. 16-126, by any of the following methods:Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. People with Disabilities: 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Katie Costello of the Policy Division, Media Bureau at (202) 418-2233 or [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice dated April 14, 2016, DA 16-407, MediaBureau Seeks Comment on Petition for Declaratory Ruling filed by National Cable & Telecommunications Association and American Cable Association, MB Docket No. 16-126. The full text of the Public Notice 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://apps.fcc.gov/ecfs/. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. The complete text may be purchased from the Commission's copy contractor, 445 12th Street SW., Room CY-B402, Washington, DC 20554. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to [email protected] or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis On March 7, 2016, National Cable & Telecommunications Association (``NCTA'') and the American Cable Association (``ACA'') jointly filed a Petition for Declaratory Ruling (``Petition'') in which it seeks clarification of the ``written information'' requirement of Section 76.1602(b) of the Commission's rules. Specifically, NCTA and ACA ``seek a ruling that electronic dissemination by email to subscribers for whom a cable operator has a confirmed email address, by the provision of appropriately-noticed links to Web sites, or by other electronic measures reasonably calculated to reach individual customers, satisfies the requirement if the information is also available in print upon customer request.'' The Commission issue this Public Notice pursuant to section 1.2 of the Commission's rules to seek comment on NCTA and ACA's Petition. The Petition is available electronically through the Commission's ECFS under MB Docket No. 16-126, which may be accessed on the Commission's Internet Web site at http://apps.fcc.gov/ecfs/. All filings concerning the matters referenced in this Public Notice should refer to the above-referenced docket number. Comments may be filed by May 26, 2016. Reply comments may be filed by June 10, 2016. The proceeding this Notice initiates shall be treated as a ``permit-but- disclose'' proceeding in accordance with the Commission's ex parte rules, Section 1.1200 through 1.1216 of the Commission's rules. Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. Written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Federal Communications Commission. Thomas Horan, Chief of Staff, Media Bureau. [FR Doc. 2016-09504 Filed 4-22-16; 8:45 am] BILLING CODE 6712-01-P
![24050 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Proposed Rules
The 2016 Webber study then looked Health Conditions.21 Petition 011 (pursuant to PHS Act, sec.
to the REP comparison group to provide requested the addition of autoimmune 3312(a)(6)(B)(ii) and 42 CFR
age- and sex-specific incidence rates diseases which were previously 88.17(a)(2)(ii)) or publishing a
during a similar time period as reviewed reviewed by the Administrator for determination not to publish a proposed
for the FDNY cases. Incidence rates for Petition 007, and neither the references rule in the Federal Register (pursuant to
the REP comparison group were only included in the petition nor the studies PHS Act, sec. 3312(a)(6)(B)(iii) and 42
available, however, for a limited subset found in the literature review conducted CFR 88.17(a)(2)(iii)). The Administrator
of five autoimmune conditions: by the ADS presented evidence of a has also determined that requesting a
Rheumatoid arthritis, psoriatic arthritis, causal association between 9/11 recommendation from the STAC
ankylosing spondylitis, SLE, and exposures and autoimmune diseases, (pursuant to PHS Act, sec.
scleroderma. By applying the REP lupus, and/or rheumatoid arthritis. The 3312(a)(6)(B)(i) and 42 CFR
incidence rates to the FDNY cohort, the Administrator initially reviewed the 88.17(a)(2)(i)) is unwarranted.
study authors were able to generate age- findings presented in the 2015 Webber For the reasons discussed above, the
specific expected numbers of cases for study in response to Petition 007, which request made in Petition 011 to add
the FDNY cohort. The observed also requested the addition of autoimmune disease, lupus, and
incidence rates in the FDNY cohort autoimmune diseases, including rheumatoid arthritis to the List of WTC-
were then compared with the expected rheumatoid arthritis and connective Related Health Conditions is denied.
numbers of cases for the FDNY cohort tissue diseases. In that review, due to The Administrator will continue to
derived from the REP rates. limitations in the 2015 Webber study, monitor the scientific literature for
Standardized ratios, which are the ratios the Administrator determined that publication of the results of the ongoing
of the observed number of cases in the insufficient evidence existed to take any WTC Health Registry study discussed
FDNY cohort to the expected number of of the following actions: propose the above (reference 7 in the petition) and
cases (based on the REP rates) were then addition of autoimmune diseases to the any other studies that address
calculated. Overall, FDNY rates for the List (pursuant to PHS Act, sec. autoimmune diseases among 9/11-
five types of autoimmune disease 3312(a)(6)(B)(ii) and 42 CFR exposed populations.
compared were not significantly 88.17(a)(2)(ii)); publish a determination
Dated: April 20, 2016.
different from expected rates (SIR, 0.97; not to publish a proposed rule in the
Federal Register (pursuant to PHS Act, John Howard,
95% CI, 0.77–1.21). Only SLE had a
sec. 3312(a)(6)(B)(iii) and 42 CFR Administrator, World Trade Center Health
standardized incidence ratio that was Program and Director, National Institute for
statistically significantly greater among 88.17(a)(2)(iii)); or request a
Occupational Safety and Health, Centers for
the entire FDNY cohort. Other ratios recommendation from the STAC
Disease Control and Prevention, Department
were either reduced or not statistically (pursuant to PHS Act, sec. of Health and Human Services.
significant. 3312(a)(6)(B)(i) and 42 CFR
[FR Doc. 2016–09527 Filed 4–22–16; 8:45 am]
Limitations similar to those found in 88.17(a)(2)(i)). The 2015 Webber study
BILLING CODE 4163–18–P
the 2015 Webber study, discussed was also presented as evidence to
above, were seen in the 2016 Webber support Petition 008 regarding
autoimmune disorders, specifically
study, including the lack of information FEDERAL COMMUNICATIONS
encephalitis of the brain, as well as
on potential confounders such as family COMMISSION
Petition 009 regarding the autoimmune
history of autoimmune disease and both
disorder multiple sclerosis.
work-related and recreational non-9/11- In reviewing the 2016 Webber study 47 CFR Part 76
related exposures, and poor for potential support for Petition 011,
generalizability to other 9/11-exposed [MB Docket No. 16–126; DA 16–407]
the ADS concluded that similar
groups. The 2016 Webber study did not inadequacies existed for the 2016 study
include new or additional information Petition for Declaratory Ruling Filed by
as those seen in the 2015 Webber study. National Cable & Telecommunications
or controls that would avoid or mitigate Taken together, the two Webber studies,
the limitations found in the 2015 study. Association and American Cable
while meeting the relevance threshold Association
Consistent with the assessment of of being published, peer-reviewed
Petition 007,20 the ADS disagreed with epidemiologic studies of autoimmune AGENCY: Federal Communications
the method for measuring chronic disease, including lupus and Commission.
exposure with a duration variable that rheumatoid arthritis, in 9/11-exposed ACTION: Petition for declaratory ruling;
did not differentiate between those with populations, were found to exhibit request for comments.
one day versus many days of exposure significant limitations and were thus
in a given month. Furthermore, the lack insufficient to provide a potential basis SUMMARY: This document seeks
of information about occupational for a decision on whether to propose comment on a petition for declaratory
history and other potential confounders adding the requested health conditions ruling filed by the National Cable &
among the REP cohort calls into to the List. Telecommunications Association and
question the applicability and Accordingly, with regard to Petition American Cable Association seeking a
comparability of the rates used in the 011, the Administrator has determined declaratory ruling clarifying the
2016 Webber study. that insufficient evidence exists to take ‘‘written information’’ requirement of
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
D. Administrator’s Determination on further action at this time, including section 76.1602(b) of the Commission’s
Petition 011 either proposing the addition of rules. Specifically, NCTA and ACA
autoimmune diseases to the List ‘‘seek a ruling that electronic
The Administrator has established a dissemination by email to subscribers
policy for evaluating whether to propose 21 John Howard, Administrator of the WTC Health for whom a cable operator has a
the addition of non-cancer health Program, Policy and Procedures for Adding Non- confirmed email address, by the
conditions to the List of WTC-Related Cancer Conditions to the List of WTC-Related
Health Conditions, Oct. 21, 2014. http://
provision of appropriately-noticed links
www.cdc.gov/wtc/pdfs/WTCHP_PP_Adding_ to Web sites, or by other electronic
20 See 80 FR 32333 at 32334. NonCancers_21_Oct_2014.pdf. measures reasonably calculated to reach
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![Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Proposed Rules 24051
individual customers, satisfies the the Consumer & Governmental Affairs 76.1602(b) of the Commission’s rules.
requirement if the information is also Bureau at 202–418–0530 (voice), 202– Specifically, NCTA and ACA ‘‘seek a
available in print upon customer 418–0432 (tty). ruling that electronic dissemination by
request.’’ FOR FURTHER INFORMATION CONTACT: For email to subscribers for whom a cable
DATES: Comments are due on or before additional information on this operator has a confirmed email address,
May 26, 2016; reply comments are due proceeding, contact Katie Costello of the by the provision of appropriately-
on or before June 10, 2016. Policy Division, Media Bureau at (202) noticed links to Web sites, or by other
ADDRESSES: You may submit comments, 418–2233 or Katie.Costello@fcc.gov. electronic measures reasonably
identified by MB Docket No. 16–126, by SUPPLEMENTARY INFORMATION: This is a calculated to reach individual
any of the following methods: summary of the Public Notice dated customers, satisfies the requirement if
• Electronic Filers: Comments may be April 14, 2016, DA 16–407, the information is also available in print
filed electronically using the Internet by MediaBureau Seeks Comment on upon customer request.’’ The
accessing the ECFS: http://apps.fcc.gov/ Petition for Declaratory Ruling filed by Commission issue this Public Notice
ecfs/. National Cable & Telecommunications pursuant to section 1.2 of the
• Paper Filers: Parties who choose to Association and American Cable Commission’s rules to seek comment on
file by paper must file an original and Association, MB Docket No. 16–126. NCTA and ACA’s Petition. The Petition
one copy of each filing. Filings can be The full text of the Public Notice is is available electronically through the
sent by hand or messenger delivery, by available for public inspection and Commission’s ECFS under MB Docket
commercial overnight courier, or by copying during regular business hours No. 16–126, which may be accessed on
first-class or overnight U.S. Postal in the FCC Reference Center, Federal the Commission’s Internet Web site at
Service mail. All filings must be Communications Commission, 445 12th http://apps.fcc.gov/ecfs/. All filings
addressed to the Commission’s Street SW., Room CY–A257, concerning the matters referenced in
Secretary, Office of the Secretary, Washington, DC 20554. This document this Public Notice should refer to the
Federal Communications Commission. will also be available via ECFS at http:// above-referenced docket number.
• All hand-delivered or messenger- apps.fcc.gov/ecfs/. Documents will be Comments may be filed by May 26,
delivered paper filings for the available electronically in ASCII, 2016. Reply comments may be filed by
Commission’s Secretary must be Microsoft Word, and/or Adobe Acrobat. June 10, 2016. The proceeding this
delivered to FCC Headquarters at 445 The complete text may be purchased Notice initiates shall be treated as a
12th St. SW., Room TW–A325, from the Commission’s copy contractor, ‘‘permit-but-disclose’’ proceeding in
Washington, DC 20554. The filing hours 445 12th Street SW., Room CY–B402, accordance with the Commission’s ex
are 8:00 a.m. to 7:00 p.m. All hand Washington, DC 20554. Alternative parte rules, Section 1.1200 through
deliveries must be held together with formats are available for people with 1.1216 of the Commission’s rules.
rubber bands or fasteners. Any disabilities (Braille, large print, Participants in this proceeding should
envelopes and boxes must be disposed electronic files, audio format), by familiarize themselves with the
of before entering the building. sending an email to fcc504@fcc.gov or Commission’s ex parte rules. Written ex
• Commercial overnight mail (other calling the Commission’s Consumer and parte presentations and memoranda
than U.S. Postal Service Express Mail Governmental Affairs Bureau at (202) summarizing oral ex parte
and Priority Mail) must be sent to 9300 418–0530 (voice), (202) 418–0432 presentations, and all attachments
East Hampton Drive, Capitol Heights, (TTY). thereto, must be filed through the
MD 20743. electronic comment filing system
• U.S. Postal Service first-class, Synopsis available for that proceeding, and must
Express, and Priority mail must be On March 7, 2016, National Cable & be filed in their native format (e.g., .doc,
addressed to 445 12th Street SW., Telecommunications Association .xml, .ppt, searchable .pdf).
Washington, DC 20554. (‘‘NCTA’’) and the American Cable Federal Communications Commission.
• People with Disabilities: To request Association (‘‘ACA’’) jointly filed a
Thomas Horan,
materials in accessible formats for Petition for Declaratory Ruling
people with disabilities (braille, large (‘‘Petition’’) in which it seeks Chief of Staff, Media Bureau.
print, electronic files, audio format), clarification of the ‘‘written [FR Doc. 2016–09504 Filed 4–22–16; 8:45 am]
send an email to fcc504@fcc.gov or call information’’ requirement of Section BILLING CODE 6712–01–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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Document Created: 2016-04-23 01:38:15
Document Modified: 2016-04-23 01:38:15
| 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 | Proposed Rules | |
| Action | Petition for declaratory ruling; request for comments. | |
| Dates | Comments are due on or before May 26, 2016; reply comments are due on or before June 10, 2016. | |
| Contact | For additional information on this proceeding, contact Katie Costello of the Policy Division, Media Bureau at (202) 418-2233 or [email protected] | |
| FR Citation | 81 FR 24050 |
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