81_FR_33241 81 FR 33140 - Expanded Online Public Inspection File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees

81 FR 33140 - Expanded Online Public Inspection File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33140-33144
FR Document2016-11693

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Report and Order, Expansion of Online Public File Obligations To Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rules.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33140-33144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11693]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 25, 73, and 76

[MB Docket No. 14-127; FCC 16-4]


Expanded Online Public Inspection File Obligations to Cable and 
Satellite TV Operators and Broadcast and Satellite Radio Licensees

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Report and 
Order, Expansion of Online Public File Obligations To Cable and 
Satellite TV Operators and Broadcast and Satellite Radio Licensees. 
This document is consistent with the Report and Order, which stated 
that the Commission would publish a document in the Federal Register 
announcing OMB approval and the effective date of the rules.

DATES: The amendments to 47 CFR 25.701(d), (d)(2), (d)(3), (e)(3), and 
(f)(6), 25.702, 73.1943(d), 73.3526(b)(1) through (3), 73.3527(b)(1) 
and (2), 76.630, 76.1700, and 76.1702(a), published at 81 FR 10105, 
February 29, 2016, are effective June 24, 2016.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Cathy Williams, [email protected], (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on May 4, 
2016, OMB approved the information collection requirements contained in 
the Commission's Report and Order, FCC 16-4, published at 81 FR 10105, 
February 29, 2016. The OMB Control Numbers are 3060-1207, 3060-0214, 
and 3060-0316. The Commission publishes this notice as an announcement 
of the effective date of the rules. If you have any comments on

[[Page 33141]]

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. Please include the OMB Control 
Numbers, 3060-1207, 3060-0214, and 3060-0316, in your correspondence. 
The Commission will also accept your comments via the Internet if you 
send them to [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), (202) 418-0432 
(TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
May 4, 2016, for the new information collection requirements contained 
in the Commission's rules at 47 CFR 25.701(d), (d)(2), (d)(3), (e)(3) 
and (f)(6), 25.702, 73.1943(d), 73.3526(b)(1)-(3), 73.3527(b)(1) and 
(2), 76.630, 76.1700 and 76.1702(a). Under 5 CFR 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 OMB Control Numbers are 3060-1207, 3060-0214, 
and 3060-0316.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 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: 3060-1207.
    OMB Approval Date: May 4, 2016.
    OMB Expiration Date: May 31, 2019.
    Title: Section 25.701, Other DBS Public Interest Obligations, and 
25.702, Other SDARS Public Interest Obligations.
    Form Number: N/A.
    Type of Review: New collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents and Responses: 3 respondents; 3 responses.
    Estimated Time per Response: 18 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority which covers this information collection is 
contained in Sections 154, 301, 302, 303, 307, 309, 319, 332, 605, and 
721 of the Communications Act of 1934, as amended.
    Total Annual Burden: 54 hours.
    Total Annual Cost: $592.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: The Commission prepared a system of 
records notice (SORN), FCC/MB-2, ``Broadcast Station Public Inspection 
Files,'' that covers the PII contained in the broadcast station public 
inspection files located on the Commission's Web site. The Commission 
will revise appropriate privacy requirements as necessary to include 
any entities and information added to the online public file in this 
proceeding.
    Needs and Uses: In 2012, the Commission replaced the decades-old 
requirement that commercial and noncommercial television stations 
maintain public files at their main studios with a requirement to post 
most of the documents in those files to a central, online public file 
hosted by the Commission. On January 28, 2016, the Commission adopted a 
Report and Order (``R&O'') in MB Docket No. 14-127, FCC 16-4, In the 
Matter of Expansion of Online Public File Obligations to Cable and 
Satellite TV Operators and Broadcast and Satellite Radio Licensees, 
expanding the requirement that public inspection files be posted to the 
FCC-hosted online public file database to satellite TV (also referred 
to as ``Direct Broadcast Satellite'' or ``DBS'') providers and to 
satellite radio (also referred to as ``satellite Digital Audio Radio 
Services'' or ``SDARS'') licensees, among other entities. The 
Commission stated that its goal is to make information that these 
entities are already required to make publicly available more 
accessible while also reducing costs both for the government and the 
public sector. The Commission took the same general approach to 
transitioning these entities to the online file that it took with 
television broadcasters in 2012, tailoring the requirements as 
necessary to the different services. The Commission also took similar 
measures to minimize the effort and cost entities must undertake to 
move their public files online. Specifically, the Commission required 
entities to upload to the online public file only documents that are 
not already on file with the Commission or that the Commission 
maintains in its own database. The Commission also exempted existing 
political file material from the online file requirement and required 
that political file documents be uploaded only on a going-forward 
basis.
    The Commission first adopted a public inspection file requirement 
for broadcasters more than 40 years ago. The public file requirement 
grew out of Congress' 1960 amendment of Sections 309 and 311 of the 
Communications Act of 1934. Finding that Congress, in enacting these 
provisions, was guarding ``the right of the general public to be 
informed, not merely the rights of those who have special interests,'' 
the Commission adopted the public inspection file requirement to ``make 
information to which the public already has a right more readily 
available, so that the public will be encouraged to play a more active 
part in dialogue with broadcast licensees.'' The information provided 
in the public file enables citizens to engage in an informed dialog 
with their local video provider or to file complaints regarding 
provider operations. Satellite TV (also known as ``Direct Broadcast 
Satellite'' or ``DBS'') providers and satellite radio (also referred to 
as ``Satellite Digital Audio Radio Services'' or ``SDARS'') licensees 
have public and political file requirements modeled, in large part, on 
the longstanding broadcast requirements. With respect to DBS providers, 
the Commission adopted public and political inspection file 
requirements in 1998 in conjunction with the imposition of certain 
public interest obligations, including political broadcasting 
requirements, on those entities. DBS providers were required to ``abide 
by political file obligations similar to those requirements placed on 
terrestrial broadcasters and cable systems'' and were also required to 
maintain a public file with records relating to other DBS public 
interest obligations. The Commission imposed equal employment 
opportunity and political broadcast requirements on SDARS licensees in 
1997, noting that the rationale behind imposing these requirements on 
broadcasters also applies to satellite radio.
    47 CFR 25.701(d) requires each DBS provider to keep and permit 
public inspection of a complete and orderly record (political file) of 
all requests for DBS origination time made by or on behalf of 
candidates for public office, together with an appropriate notation 
showing the disposition made by the provider of such requests, and the 
charges made, if any, if the request is granted. The disposition 
includes the schedule of time purchased, when the spots actually aired, 
the rates charged, and the classes of time purchased. Also,

[[Page 33142]]

when free time is provided for use by or on behalf of candidates, a 
record of the free time provided is to be placed in the political file. 
All records required to be retained by this section must be placed in 
the political file as soon as possible and retained for a period of two 
years. DBS providers must make available, by fax, email, or by mail 
upon telephone request, copies of documents in their political files 
and assist callers by answering questions about the contents of their 
political files. If a requester prefers access by mail, the DBS 
provider must pay for postage but may require individuals requesting 
documents to pay for photocopying. If a DBS provider places its 
political file on its Web site, it may refer the public to the Web site 
in lieu of mailing copies.
    Any material required to be maintained in the political file must 
be made available to the public by either mailing or Web site access or 
both.
    The R&O changes 47 CFR 25.701(d) to require DBS providers to place 
all new political file material required to be retained by this section 
in the online file hosted by the Commission. The R&O also eliminates 
the requirement that DBS providers honor requests by telephone for 
copies of political file materials if those materials are made 
available online.
    47 CFR 25.701(f)(6) requires each DBS provider to maintain a public 
file containing a complete and orderly record of quarterly measurements 
of: Channel capacity and yearly average calculations on which it bases 
its four percent reservation, as well as its responses to any capacity 
changes; a record of entities to whom noncommercial capacity is being 
provided, the amount of capacity being provided to each entity, the 
conditions under which it is being provided and the rates, if any, 
being paid by the entity; and a record of entities that have requested 
capacity, disposition of those requests and reasons for the 
disposition. All records required by this provision must be placed in a 
file available to the public as soon as possible and be retained for a 
period of two years.
    The R&O changes 47 CFR 25.701(f)(6) to require DBS providers to 
place all public file material required to be retained by this section 
in the online file hosted by the Commission. The R&O also requires that 
each DBS provider place in the online file the records required to be 
placed in the public inspection file by 47 CFR 25.701(e)(commercial 
limits in children's programs) and by 47 CFR 25.601 and Part 76, 
Subpart E (equal employment opportunity requirements) and retain those 
records for the period required by those rules. In addition, the R&O 
requires each DBS provider to provide a link to the public inspection 
file hosted on the Commission's Web site from the home page of its own 
Web site, if the provider has a Web site, and provide on its Web site 
contact information for a representative who can assist any person with 
disabilities with issues related to the content of the public files. 
Each DBS provider is also required to include in the online public file 
the name, phone number, and email address of the licensee's designated 
contact for questions about the public file. In addition, each DBS 
provider must place the address of the provider's local public file in 
the Commission's online file unless the provider has fully transitioned 
to the FCC's online public file (e.g., posts to the FCC's online file 
database all public and political file material required to be 
maintained in the public inspection file) and also provides online 
access via the provider's own Web site to back-up political file 
material in the event the online file becomes temporarily unavailable.
    47 CFR 25.702. The R&O adds this new rule. New 47 CFR 25.702(b) 
requires each SDARS licensee to maintain a complete and orderly record 
(political file) of all requests for SDARS origination time made by or 
on behalf of candidates for public office, together with the 
disposition made by the provider of such requests, and the charges 
made, if any, if the request is granted. The disposition must include 
the schedule of time purchased, when the spots actually aired, the 
rates charged, and the classes of time purchased. Also, when free time 
is provided for use by or on behalf of candidates, a record of the free 
time provided is to be placed in the political file. SDARS licensees 
are required to place all records required by this section in the 
political file as soon as possible and retain the record for a period 
of two years.
    New 47 CFR 25.702(c) requires each SDARS applicant or licensee to 
place in the online file hosted by the Commission the records required 
to be placed in the public inspection file by 47 CFR 25.601 and 73.2080 
(equal employment opportunities) and to retain those records for the 
period required by those rules. Each SDARS licensee must provide a link 
to the public inspection file hosted on the Commission's Web site from 
the home page of its own Web site, if the licensee has a Web site, and 
provide on its Web site contact information for a representative who 
can assist any person with disabilities with issues related to the 
content of the public files. Each SDARS licensee is also required to 
include in the online public file the name, phone number, and email 
address of the licensee's designated contact for questions about the 
public file. In addition, each SDARS licensee must place the address of 
the provider's local public file in the Commission's online file unless 
the provider has fully transitioned to the FCC's online public file 
(i.e., posts to the Commission's online public file all public and 
political file material required to be maintained in the public 
inspection file) and also provides online access via the licensee's own 
Web site to back-up political file material in the event the online 
file becomes temporarily unavailable.
    OMB Control Number: 3060-0214.
    OMB Approval Date: May 4, 2016.
    OMB Expiration Date: May 31, 2019.
    Title: Sections 73.3526 and 73.3527, Local Public Inspection File, 
Sections 73.1212, 76.1701 and 73.1943, Political Files.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, Local or Tribal government; Individuals or 
households.
    Number of Respondents and Responses: 24,962 respondents; 64,374 
responses.
    Estimated Time per Response: 1-52 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirements; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Sections 151, 152, 154(i), 303, 307 and 308 of the Communications Act 
of 1934, as amended.
    Total Annual Burden: 2,093,149 hours.
    Total Annual Cost: $3,653,372.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: The Commission prepared a system of 
records notice (SORN), FCC/MB-2, ``Broadcast Station Public Inspection 
Files,'' that covers the PII contained in the broadcast station public 
inspection files located on the Commission's Web site. The Commission 
will revise appropriate privacy requirements as necessary to include 
any entities and information added to the online public file in this 
proceeding.
    Needs and Uses: In 2012, the Commission replaced the decades-old

[[Page 33143]]

requirement that commercial and noncommercial television stations 
maintain public files at their main studios with a requirement to post 
most of the documents in those files to a central, online public file 
hosted by the Commission. On January 28, 2016, the Commission adopted a 
Report and Order (``R&O'') in MB Docket No. 14-127, FCC 16-4, In the 
Matter of Expansion of Online Public File Obligations to Cable and 
Satellite TV Operators and Broadcast and Satellite Radio Licensees. The 
R&O expands the requirement that public inspection files be posted to 
an FCC-hosted online public file database to cable operators, satellite 
TV (also referred to as ``Direct Broadcast Satellite'' or ``DBS'') 
providers, broadcast radio licensees, and satellite radio (also 
referred to as ``Satellite Digital Audio Radio Services'' or ``SDARS'') 
licensees. The Commission stated that its goal is to make information 
that these entities are already required to make publicly available 
more accessible while also reducing costs both for the government and 
the public sector. The Commission took the same general approach to 
transitioning these entities to the online file that it took with 
television broadcasters in 2012, tailoring the requirements as 
necessary to the different services. The Commission also took similar 
measures to minimize the effort and cost entities must undertake to 
move their public files online. Specifically, the Commission required 
entities to upload to the online public file only documents that are 
not already on file with the Commission or that the Commission 
maintains in its own database. The Commission also exempted existing 
political file material from the online file requirement and required 
that political file documents be uploaded only on a going-forward 
basis.
    With respect to broadcast radio licensees, the Commission commenced 
the transition to an online file with commercial stations in larger 
markets with five or more full-time employees, while postponing 
temporarily all online file requirements for other radio stations. The 
R&O also requires stations to provide information to the online file 
regarding the location of the station's main studio.
    With respect to cable operator public file requirements, the R&O 
phased-in the requirement to commence uploading political file 
documents to the online file for smaller cable systems and exempted 
cable systems with fewer than 1,000 subscribers from all online public 
file requirements.
    OMB Control Number: 3060-0316.
    OMB Approval Date: May 4, 2016.
    OMB Expiration Date: May 31, 2019.
    Title: 47 CFR Sections 76.1700, Records to be maintained locally by 
Cable System Operators; 76.1702, Equal Employment Opportunity; 76.1703, 
Commercial Records on Children's Programs; 76.1707, Leased Access; 
76.1711, Emergency Alert System (EAS) Tests and Activation.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents and Responses: 3,000 respondents; 3,000 
responses.
    Estimated Time per Response: 18 hours.
    Frequency of Response: Recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Sections 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 
312, 315, 317, 325, 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, and 573 of the Communications Act of 1934, as amended.
    Total Annual Burden: 54,000 hours.
    Total Annual Cost: $591,840.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: The Commission prepared a system of 
records notice (SORN), FCC/MB-2, ``Broadcast Station Public Inspection 
Files,'' that covers the PII contained in the broadcast station public 
inspection files located on the Commission's Web site. The Commission 
will revise appropriate privacy requirements as necessary to include 
any entities and information added to the online public file in this 
proceeding.
    Needs and Uses: The Commission revised this collection to reflect 
the Commission's adoption of a Report and Order (``R&O'') in MB Docket 
No. 14-127, FCC 16-4, In the Matter of Expansion of Online Public File 
Obligations to Cable and Satellite TV Operators and Broadcast and 
Satellite Radio Licensees, adopted on January 28, 2016. The R&O revised 
47 CFR Sections 76.1700 and 76.1702(a).
    The R&O expands to cable operators the requirement that public 
inspection files be posted to an FCC-hosted online public file 
database. The Commission stated that its goal is to make information 
that these entities are already required to make publicly available 
more accessible while also reducing costs both for the government and 
the public sector. The Commission took the same general approach to 
transitioning cable operators to the online file that it took with 
television broadcasters in 2012, tailoring the requirements as 
necessary to the different services. The Commission also took similar 
measures to minimize the effort and cost entities must undertake to 
move their public files online. Specifically, the Commission required 
cable operators to upload to the online public file only documents that 
are not already on file with the Commission or that the Commission 
maintains in its own database. The Commission also exempted existing 
political file material from the online file requirement and required 
that political file documents be uploaded only on a going-forward 
basis.
    Section 76.1700 addresses the records to be maintained by cable 
system operators. The R&O revised Section 76.1700 to require that cable 
operators maintain their public inspection file online on the Web site 
hosted by the FCC. In addition, the Commission reorganized Section 
76.1700 to more clearly address which records must be maintained in the 
public inspection file versus those that must be made available to the 
Commission or franchising authority upon request. Among other changes, 
the Commission clarified that proof-of-performance test data and signal 
leakage logs and repair data must be made available only to the 
Commission and, in the case of proof-of-performance test data, also to 
the franchisor, and not to the public. Accordingly, this information is 
not required to be included in the public inspection file or in the 
online public inspection file.
    The Commission phased-in the requirement to commence uploading 
political file documents to the online file for smaller cable systems 
and exempted cable systems with fewer than 1,000 subscribers from all 
online public file requirements. The R&O also made several minor 
additional changes to the existing cable public file requirements--it 
requires operators, when first establishing their online public file, 
to provide a list of the zip codes served by the system and requires 
them to identify the employment unit(s) associated with the system. The 
R&O also requires cable systems to provide the contact information for 
their local file. In addition, each cable system must place the address 
of its local public file in the Commission's online file unless the 
system has fully transitioned to the FCC's online public file (i.e., 
posts to the Commission's online public file all public and political 
file material required to be maintained in the public

[[Page 33144]]

inspection file) and also provides online access via the system's own 
Web site to back-up political file material in the event the online 
file becomes temporarily unavailable.
    Apart from these minor exceptions, the R&O does not adopt new or 
modified public inspection file requirements. The Commission's goal was 
simply to adapt the existing cable public file requirements to an 
online format.
    47 CFR 76.1700 requires cable system operators to place the public 
inspection file materials required to be retained by the following 
rules in the online public file hosted by the Commission, with the 
exception of existing political file material which cable systems may 
continue to retain in their local public file until the end of the 
retention period: 76.1701 (political file), 76.1702 (EEO), 76.1703 
(commercial records for children's programming), 76.1705 (performance 
tests--channels delivered); 76.1707 (leased access); and 76.1709 
(availability of signals), 76.1710 (operator interests in video 
programming), 76.1715 (sponsorship identification), and 76.630 
(compatibility with consumer electronics equipment). Cable systems with 
fewer than 5,000 subscribers may continue to retain their political 
file locally and are not required to upload new political file material 
to the online public file until March 1, 2018. In addition, cable 
systems may elect to retain the material required by 76.1708 (principal 
headend) locally rather than placing this material in the online public 
file.
    47 CFR 76.1700(b) requires cable system operators to make the 
records required to be retained by the following rules available to 
local franchising authorities: 76.1704 (proof-of-performance test data) 
and 76.1713 (complaint resolution).
    47 CFR 76.1700(c) requires cable system operators to make the 
records required to be retained by the following rules available to the 
Commission: 76.1704 (proof-of-performance test data), 76.1706 (signal 
leakage logs and repair records), 76.1711 (emergency alert system and 
activations), 76.1713 (complaint resolution), and 76.1716 (subscriber 
records).
    47 CFR 76.1700(d) exempts cable television systems having fewer 
than 1,000 subscribers from the online public file and the public 
inspection requirements contained in 47 CFR 76.1701 (political file); 
76.1702 (equal employment opportunity); 76.1703 (commercial records for 
children's programming); 76.1704 (proof-of-performance test data); 
76.1706 (signal leakage logs and repair records); and 76.1715 
(sponsorship identifications).
    47 CFR 76.1700(e) requires that public file material that continues 
to be retained at the system be retained in a public inspection file 
maintained at the office which the system operator maintains for the 
ordinary collection of subscriber charges, resolution of subscriber 
complaints, and other business or at any accessible place in the 
community served by the system unit(s) (such as a public registry for 
documents or an attorney's office). Public files must be available for 
public inspection during regular business hours.
    47 CFR 76.1700(f) requires cable systems to provide a link to the 
public inspection file hosted on the Commission's Web site from the 
home page of its own Web site, if the system has a Web site, and 
provide contact information on its Web site for a system representative 
who can assist any person with disabilities with issues related to the 
content of the public files. A system also is required to include in 
the online public file the address of the system's local public file, 
if the system retains documents in the local file that are not 
available in the Commission's online file, and the name, phone number, 
and email address of the system's designated contact for questions 
about the public file. In addition, a system must provide on the online 
public file a list of the five digit ZIP codes served by the system.
    47 CFR 76.1700(g) requires that cable operators make any material 
in the public inspection file that is not also available in the 
Commission's online file available for machine reproduction upon 
request made in person, provided the requesting party shall pay the 
reasonable cost of reproduction. Requests for machine copies must be 
fulfilled at a location specified by the system operator, within a 
reasonable period of time, which in no event shall be longer than seven 
days. The system operator is not required to honor requests made by 
mail but may do so if it chooses.
    47 CFR 76.1702(a) requires that every employment unit with six or 
more full-time employees shall maintain for public inspection a file 
containing copies of all EEO program annual reports filed with the 
Commission and the equal employment opportunity program information 
described in 47 CFR 76.1702(b). These materials shall be placed in the 
Commission's online public inspection file for each cable system 
associated with the employment unit. These materials must be placed in 
the Commission's online public inspection file annually by the date 
that the unit's EEO program annual report is due to be filed and shall 
be retained for a period of five years. A headquarters employment unit 
file and a file containing a consolidated set of all documents 
pertaining to the other employment units of a multichannel video 
programming distributor that operates multiple units shall be 
maintained in the Commission's online public file for every cable 
system associated with the headquarters employment unit.
    Special note--The information collection requirements contained in 
47 CFR 76.630 was approved by the OMB on March 21, 2016 under a non-
substantive change submission. The OMB control number is 3060-0667.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-11693 Filed 5-24-16; 8:45 am]
 BILLING CODE 6712-01-P



                                           33140            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           requirements. Therefore, this action                    report containing this action and other               prong 4 portions of these SIP
                                           does not impose additional                              required information to the U.S. Senate,              submissions because Mississippi does
                                           requirements beyond those imposed by                    the U.S. House of Representatives, and                not have a fully approved regional haze
                                           state law. For that reason, this action:                the Comptroller General of the United                 SIP that meets the requirements of 40
                                              • Is not a ‘‘significant regulatory                  States prior to publication of the rule in            CFR 51.308 and because these SIP
                                           action’’ subject to review by the Office                the Federal Register. A major rule                    submissions do not otherwise
                                           of Management and Budget under                          cannot take effect until 60 days after it             demonstrate that emissions within the
                                           Executive Orders 12866 (58 FR 51735,                    is published in the Federal Register.                 State do not interfere with other states’
                                           October 4, 1993) and 13563 (76 FR 3821,                 This action is not a ‘‘major rule’’ as                plans to protect visibility.
                                           January 21, 2011);                                      defined by 5 U.S.C. 804(2).                           [FR Doc. 2016–12114 Filed 5–24–16; 8:45 am]
                                              • does not impose an information                        Under section 307(b)(1) of the CAA,
                                                                                                                                                         BILLING CODE 6560–50–P
                                           collection burden under the provisions                  petitions for judicial review of this
                                           of the Paperwork Reduction Act (44                      action must be filed in the United States
                                           U.S.C. 3501 et seq.);                                   Court of Appeals for the appropriate
                                              • is certified as not having a                       circuit by July 25, 2016. Filing a petition           FEDERAL COMMUNICATIONS
                                           significant economic impact on a                        for reconsideration by the Administrator              COMMISSION
                                           substantial number of small entities                    of this final rule does not affect the                47 CFR Parts 25, 73, and 76
                                           under the Regulatory Flexibility Act (5                 finality of this action for the purposes of
                                           U.S.C. 601 et seq.);                                    judicial review nor does it extend the                [MB Docket No. 14–127; FCC 16–4]
                                              • does not contain any unfunded                      time within which a petition for judicial
                                           mandate or significantly or uniquely                    review may be filed, and shall not                    Expanded Online Public Inspection
                                           affect small governments, as described                  postpone the effectiveness of such rule               File Obligations to Cable and Satellite
                                           in the Unfunded Mandates Reform Act                     or action. This action may not be                     TV Operators and Broadcast and
                                           of 1995 (Pub. L. 104–4);                                challenged later in proceedings to                    Satellite Radio Licensees
                                              • does not have Federalism                           enforce its requirements. See section                 AGENCY:   Federal Communications
                                           implications as specified in Executive                  307(b)(2).                                            Commission.
                                           Order 13132 (64 FR 43255, August 10,                                                                          ACTION: Final rule; announcement of
                                           1999);                                                  List of Subjects in 40 CFR Part 52
                                                                                                                                                         effective date.
                                              • is not an economically significant                   Environmental protection, Air
                                           regulatory action based on health or                    pollution control, Incorporation by                   SUMMARY:    In this document, the
                                           safety risks subject to Executive Order                 reference, Intergovernmental relations,               Commission announces that the Office
                                           13045 (62 FR 19885, April 23, 1997);                    Nitrogen dioxide, Ozone, Particulate                  of Management and Budget (OMB) has
                                              • is not a significant regulatory action             matter, Reporting and recordkeeping                   approved, for a period of three years, the
                                           subject to Executive Order 13211 (66 FR                 requirements, Sulfur oxides, Volatile                 information collection associated with
                                           28355, May 22, 2001);                                   organic compounds.                                    the Commission’s Report and Order,
                                              • is not subject to requirements of                                                                        Expansion of Online Public File
                                                                                                     Dated: May 12, 2016.
                                           Section 12(d) of the National                                                                                 Obligations To Cable and Satellite TV
                                                                                                   Heather McTeer Toney,
                                           Technology Transfer and Advancement                                                                           Operators and Broadcast and Satellite
                                           Act of 1995 (15 U.S.C. 272 note) because                Regional Administrator, Region 4.
                                                                                                                                                         Radio Licensees. This document is
                                           application of those requirements would                     40 CFR part 52 is amended as follows:             consistent with the Report and Order,
                                           be inconsistent with the CAA; and                                                                             which stated that the Commission
                                              • does not provide EPA with the                      PART 52—APPROVAL AND
                                                                                                   PROMULGATION OF                                       would publish a document in the
                                           discretionary authority to address, as                                                                        Federal Register announcing OMB
                                           appropriate, disproportionate human                     IMPLEMENTATION PLANS
                                                                                                                                                         approval and the effective date of the
                                           health or environmental effects, using                  ■ 1. The authority citation for part 52               rules.
                                           practicable and legally permissible                     continues to read as follows:                         DATES: The amendments to 47 CFR
                                           methods, under Executive Order 12898
                                           (59 FR 7629, February 16, 1994).                            Authority: 42 U.S.C. 7401 et seq.                 25.701(d), (d)(2), (d)(3), (e)(3), and (f)(6),
                                              The SIP is not approved to apply on                                                                        25.702, 73.1943(d), 73.3526(b)(1)
                                                                                                   Subpart Z—Mississippi                                 through (3), 73.3527(b)(1) and (2),
                                           any Indian reservation land or in any
                                           other area where EPA or an Indian tribe                                                                       76.630, 76.1700, and 76.1702(a),
                                                                                                   ■ 2. Section 52.1279 is amended by                    published at 81 FR 10105, February 29,
                                           has demonstrated that a tribe has                       adding paragraph (b) to read as follows:
                                           jurisdiction. In those areas of Indian                                                                        2016, are effective June 24, 2016.
                                           country, the rule does not have tribal                  § 52.1279    Visibility protection.                   FOR FURTHER INFORMATION CONTACT: For
                                           implications as specified by Executive                  *     *    *      *     *                             additional information contact Cathy
                                           Order 13175 (65 FR 67249, November 9,                     (b) Disapproval. EPA has disapproved                Williams, Cathy.Williams@fcc.gov, (202)
                                           2000), nor will it impose substantial                   the portions of Mississippi’s May 29,                 418–2918.
                                           direct costs on tribal governments or                   2012, 2008 8-hour Ozone infrastructure                SUPPLEMENTARY INFORMATION: This
                                           preempt tribal law.                                     SIP submission; July 26, 2012, 2008 8-                document announces that, on May 4,
                                              The Congressional Review Act, 5                      hour Ozone infrastructure SIP                         2016, OMB approved the information
                                           U.S.C. 801 et seq., as added by the Small               resubmission; February 28, 2013, 2010,                collection requirements contained in the
                                           Business Regulatory Enforcement                         1-hour NO2 infrastructure SIP                         Commission’s Report and Order, FCC
                                           Fairness Act of 1996, generally provides                submission; June 20, 2013, 2010 1-hour                16–4, published at 81 FR 10105,
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                                           that before a rule may take effect, the                 SO2 infrastructure SIP submission; and                February 29, 2016. The OMB Control
                                           agency promulgating the rule must                       December 8, 2015, 2012, Annual PM2.5                  Numbers are 3060–1207, 3060–0214,
                                           submit a rule report, which includes a                  infrastructure SIP submission that                    and 3060–0316. The Commission
                                           copy of the rule, to each House of the                  address the visibility protection (prong              publishes this notice as an
                                           Congress and to the Comptroller General                 4) requirements of Clean Air Act section              announcement of the effective date of
                                           of the United States. EPA will submit a                 110(a)(2)(D)(i)(II). EPA disapproved the              the rules. If you have any comments on


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                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                           33141

                                           the burden estimates listed below, or                      Obligation to Respond: Required to                 exempted existing political file material
                                           how the Commission can improve the                      obtain or retain benefits. The statutory              from the online file requirement and
                                           collections and reduce any burdens                      authority which covers this information               required that political file documents be
                                           caused thereby, please contact Cathy                    collection is contained in Sections 154,              uploaded only on a going-forward basis.
                                           Williams, Federal Communications                        301, 302, 303, 307, 309, 319, 332, 605,                  The Commission first adopted a
                                           Commission, Room 1–C823, 445 12th                       and 721 of the Communications Act of                  public inspection file requirement for
                                           Street SW., Washington, DC 20554.                       1934, as amended.                                     broadcasters more than 40 years ago.
                                           Please include the OMB Control                             Total Annual Burden: 54 hours.                     The public file requirement grew out of
                                           Numbers, 3060–1207, 3060–0214, and                         Total Annual Cost: $592.                           Congress’ 1960 amendment of Sections
                                           3060–0316, in your correspondence.                         Nature and Extent of Confidentiality:              309 and 311 of the Communications Act
                                           The Commission will also accept your                    There is no need for confidentiality with             of 1934. Finding that Congress, in
                                           comments via the Internet if you send                   this collection of information.                       enacting these provisions, was guarding
                                           them to PRA@fcc.gov. To request                            Privacy Impact Assessment: The                     ‘‘the right of the general public to be
                                           materials in accessible formats for                     Commission prepared a system of                       informed, not merely the rights of those
                                           people with disabilities (Braille, large                records notice (SORN), FCC/MB–2,                      who have special interests,’’ the
                                           print, electronic files, audio format),                 ‘‘Broadcast Station Public Inspection                 Commission adopted the public
                                           send an email to fcc504@fcc.gov or call                 Files,’’ that covers the PII contained in             inspection file requirement to ‘‘make
                                                                                                   the broadcast station public inspection               information to which the public already
                                           the Consumer and Governmental Affairs
                                                                                                   files located on the Commission’s Web                 has a right more readily available, so
                                           Bureau at (202) 418–0530 (voice), (202)
                                                                                                   site. The Commission will revise                      that the public will be encouraged to
                                           418–0432 (TTY).
                                                                                                   appropriate privacy requirements as                   play a more active part in dialogue with
                                           Synopsis                                                necessary to include any entities and                 broadcast licensees.’’ The information
                                             As required by the Paperwork                          information added to the online public                provided in the public file enables
                                           Reduction Act of 1995 (44 U.S.C. 3507),                 file in this proceeding.                              citizens to engage in an informed dialog
                                           the FCC is notifying the public that it                    Needs and Uses: In 2012, the                       with their local video provider or to file
                                           received OMB approval on May 4, 2016,                   Commission replaced the decades-old                   complaints regarding provider
                                                                                                   requirement that commercial and                       operations. Satellite TV (also known as
                                           for the new information collection
                                                                                                   noncommercial television stations                     ‘‘Direct Broadcast Satellite’’ or ‘‘DBS’’)
                                           requirements contained in the
                                                                                                   maintain public files at their main                   providers and satellite radio (also
                                           Commission’s rules at 47 CFR 25.701(d),
                                                                                                   studios with a requirement to post most               referred to as ‘‘Satellite Digital Audio
                                           (d)(2), (d)(3), (e)(3) and (f)(6), 25.702,
                                                                                                   of the documents in those files to a                  Radio Services’’ or ‘‘SDARS’’) licensees
                                           73.1943(d), 73.3526(b)(1)–(3),
                                                                                                   central, online public file hosted by the             have public and political file
                                           73.3527(b)(1) and (2), 76.630, 76.1700
                                                                                                   Commission. On January 28, 2016, the                  requirements modeled, in large part, on
                                           and 76.1702(a). Under 5 CFR 1320, an
                                                                                                   Commission adopted a Report and                       the longstanding broadcast
                                           agency may not conduct or sponsor a
                                                                                                   Order (‘‘R&O’’) in MB Docket No. 14–                  requirements. With respect to DBS
                                           collection of information unless it
                                                                                                   127, FCC 16–4, In the Matter of                       providers, the Commission adopted
                                           displays a current, valid OMB Control                   Expansion of Online Public File
                                           Number. No person shall be subject to                                                                         public and political inspection file
                                                                                                   Obligations to Cable and Satellite TV                 requirements in 1998 in conjunction
                                           any penalty for failing to comply with                  Operators and Broadcast and Satellite
                                           a collection of information subject to the                                                                    with the imposition of certain public
                                                                                                   Radio Licensees, expanding the                        interest obligations, including political
                                           Paperwork Reduction Act that does not                   requirement that public inspection files
                                           display a current, valid OMB Control                                                                          broadcasting requirements, on those
                                                                                                   be posted to the FCC-hosted online                    entities. DBS providers were required to
                                           Number. The OMB Control Numbers are                     public file database to satellite TV (also
                                           3060–1207, 3060–0214, and 3060–0316.                                                                          ‘‘abide by political file obligations
                                                                                                   referred to as ‘‘Direct Broadcast                     similar to those requirements placed on
                                             The foregoing notice is required by                   Satellite’’ or ‘‘DBS’’) providers and to
                                           the Paperwork Reduction Act of 1995,                                                                          terrestrial broadcasters and cable
                                                                                                   satellite radio (also referred to as                  systems’’ and were also required to
                                           Public Law 104–13, October 1, 1995,                     ‘‘satellite Digital Audio Radio Services’’
                                           and 44 U.S.C. 3507.                                                                                           maintain a public file with records
                                                                                                   or ‘‘SDARS’’) licensees, among other                  relating to other DBS public interest
                                             The total annual reporting burdens
                                                                                                   entities. The Commission stated that its              obligations. The Commission imposed
                                           and costs for the respondents are as
                                                                                                   goal is to make information that these                equal employment opportunity and
                                           follows:
                                                                                                   entities are already required to make                 political broadcast requirements on
                                             OMB Control Number: 3060–1207.
                                             OMB Approval Date: May 4, 2016.                       publicly available more accessible while              SDARS licensees in 1997, noting that
                                             OMB Expiration Date: May 31, 2019.                    also reducing costs both for the                      the rationale behind imposing these
                                             Title: Section 25.701, Other DBS                      government and the public sector. The                 requirements on broadcasters also
                                           Public Interest Obligations, and 25.702,                Commission took the same general                      applies to satellite radio.
                                           Other SDARS Public Interest                             approach to transitioning these entities                 47 CFR 25.701(d) requires each DBS
                                           Obligations.                                            to the online file that it took with                  provider to keep and permit public
                                             Form Number: N/A.                                     television broadcasters in 2012, tailoring            inspection of a complete and orderly
                                             Type of Review: New collection.                       the requirements as necessary to the                  record (political file) of all requests for
                                             Respondents: Business and other for-                  different services. The Commission also               DBS origination time made by or on
                                           profit entities.                                        took similar measures to minimize the                 behalf of candidates for public office,
                                             Number of Respondents and                             effort and cost entities must undertake               together with an appropriate notation
                                           Responses: 3 respondents; 3 responses.                  to move their public files online.                    showing the disposition made by the
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                                             Estimated Time per Response: 18                       Specifically, the Commission required                 provider of such requests, and the
                                           hours.                                                  entities to upload to the online public               charges made, if any, if the request is
                                             Frequency of Response:                                file only documents that are not already              granted. The disposition includes the
                                           Recordkeeping requirement; on                           on file with the Commission or that the               schedule of time purchased, when the
                                           occasion reporting requirement; Third                   Commission maintains in its own                       spots actually aired, the rates charged,
                                           party disclosure requirement.                           database. The Commission also                         and the classes of time purchased. Also,


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                                           33142            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           when free time is provided for use by or                required by those rules. In addition, the             related to the content of the public files.
                                           on behalf of candidates, a record of the                R&O requires each DBS provider to                     Each SDARS licensee is also required to
                                           free time provided is to be placed in the               provide a link to the public inspection               include in the online public file the
                                           political file. All records required to be              file hosted on the Commission’s Web                   name, phone number, and email address
                                           retained by this section must be placed                 site from the home page of its own Web                of the licensee’s designated contact for
                                           in the political file as soon as possible               site, if the provider has a Web site, and             questions about the public file. In
                                           and retained for a period of two years.                 provide on its Web site contact                       addition, each SDARS licensee must
                                           DBS providers must make available, by                   information for a representative who                  place the address of the provider’s local
                                           fax, email, or by mail upon telephone                   can assist any person with disabilities               public file in the Commission’s online
                                           request, copies of documents in their                   with issues related to the content of the             file unless the provider has fully
                                           political files and assist callers by                   public files. Each DBS provider is also               transitioned to the FCC’s online public
                                           answering questions about the contents                  required to include in the online public              file (i.e., posts to the Commission’s
                                           of their political files. If a requester                file the name, phone number, and email                online public file all public and
                                           prefers access by mail, the DBS provider                address of the licensee’s designated                  political file material required to be
                                           must pay for postage but may require                    contact for questions about the public                maintained in the public inspection file)
                                           individuals requesting documents to                     file. In addition, each DBS provider                  and also provides online access via the
                                           pay for photocopying. If a DBS provider                 must place the address of the provider’s              licensee’s own Web site to back-up
                                           places its political file on its Web site,              local public file in the Commission’s                 political file material in the event the
                                           it may refer the public to the Web site                 online file unless the provider has fully             online file becomes temporarily
                                           in lieu of mailing copies.                              transitioned to the FCC’s online public               unavailable.
                                              Any material required to be                          file (e.g., posts to the FCC’s online file               OMB Control Number: 3060–0214.
                                           maintained in the political file must be                database all public and political file                   OMB Approval Date: May 4, 2016.
                                           made available to the public by either                  material required to be maintained in                    OMB Expiration Date: May 31, 2019.
                                           mailing or Web site access or both.                     the public inspection file) and also                     Title: Sections 73.3526 and 73.3527,
                                              The R&O changes 47 CFR 25.701(d) to                  provides online access via the                        Local Public Inspection File, Sections
                                           require DBS providers to place all new                  provider’s own Web site to back-up                    73.1212, 76.1701 and 73.1943, Political
                                           political file material required to be                  political file material in the event the              Files.
                                           retained by this section in the online file             online file becomes temporarily                          Form Number: Not applicable.
                                           hosted by the Commission. The R&O                       unavailable.                                             Type of Review: Revision of a
                                           also eliminates the requirement that                       47 CFR 25.702. The R&O adds this                   currently approved collection.
                                           DBS providers honor requests by                         new rule. New 47 CFR 25.702(b)                           Respondents: Business or other for-
                                           telephone for copies of political file                  requires each SDARS licensee to                       profit entities; Not for profit institutions;
                                           materials if those materials are made                   maintain a complete and orderly record                State, Local or Tribal government;
                                           available online.                                       (political file) of all requests for SDARS            Individuals or households.
                                              47 CFR 25.701(f)(6) requires each DBS                                                                         Number of Respondents and
                                                                                                   origination time made by or on behalf of
                                           provider to maintain a public file                                                                            Responses: 24,962 respondents; 64,374
                                                                                                   candidates for public office, together
                                           containing a complete and orderly                                                                             responses.
                                                                                                   with the disposition made by the                         Estimated Time per Response: 1–52
                                           record of quarterly measurements of:                    provider of such requests, and the
                                           Channel capacity and yearly average                                                                           hours.
                                                                                                   charges made, if any, if the request is                  Frequency of Response:
                                           calculations on which it bases its four                 granted. The disposition must include                 Recordkeeping requirement; on
                                           percent reservation, as well as its                     the schedule of time purchased, when                  occasion reporting requirements; Third
                                           responses to any capacity changes; a                    the spots actually aired, the rates                   party disclosure requirement.
                                           record of entities to whom                              charged, and the classes of time                         Obligation to Respond: Required to
                                           noncommercial capacity is being                         purchased. Also, when free time is                    obtain or retain benefits. The statutory
                                           provided, the amount of capacity being                  provided for use by or on behalf of                   authority for this information collection
                                           provided to each entity, the conditions                 candidates, a record of the free time                 is contained in Sections 151, 152, 154(i),
                                           under which it is being provided and                    provided is to be placed in the political             303, 307 and 308 of the
                                           the rates, if any, being paid by the                    file. SDARS licensees are required to                 Communications Act of 1934, as
                                           entity; and a record of entities that have              place all records required by this section            amended.
                                           requested capacity, disposition of those                in the political file as soon as possible                Total Annual Burden: 2,093,149
                                           requests and reasons for the disposition.               and retain the record for a period of two             hours.
                                           All records required by this provision                  years.                                                   Total Annual Cost: $3,653,372.
                                           must be placed in a file available to the                  New 47 CFR 25.702(c) requires each                    Nature and Extent of Confidentiality:
                                           public as soon as possible and be                       SDARS applicant or licensee to place in               There is no need for confidentiality with
                                           retained for a period of two years.                     the online file hosted by the                         this collection of information.
                                              The R&O changes 47 CFR 25.701(f)(6)                  Commission the records required to be                    Privacy Impact Assessment: The
                                           to require DBS providers to place all                   placed in the public inspection file by               Commission prepared a system of
                                           public file material required to be                     47 CFR 25.601 and 73.2080 (equal                      records notice (SORN), FCC/MB–2,
                                           retained by this section in the online file             employment opportunities) and to                      ‘‘Broadcast Station Public Inspection
                                           hosted by the Commission. The R&O                       retain those records for the period                   Files,’’ that covers the PII contained in
                                           also requires that each DBS provider                    required by those rules. Each SDARS                   the broadcast station public inspection
                                           place in the online file the records                    licensee must provide a link to the                   files located on the Commission’s Web
                                           required to be placed in the public                     public inspection file hosted on the                  site. The Commission will revise
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                                           inspection file by 47 CFR                               Commission’s Web site from the home                   appropriate privacy requirements as
                                           25.701(e)(commercial limits in                          page of its own Web site, if the licensee             necessary to include any entities and
                                           children’s programs) and by 47 CFR                      has a Web site, and provide on its Web                information added to the online public
                                           25.601 and Part 76, Subpart E (equal                    site contact information for a                        file in this proceeding.
                                           employment opportunity requirements)                    representative who can assist any                        Needs and Uses: In 2012, the
                                           and retain those records for the period                 person with disabilities with issues                  Commission replaced the decades-old


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                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                           33143

                                           requirement that commercial and                            OMB Expiration Date: May 31, 2019.                 and the public sector. The Commission
                                           noncommercial television stations                          Title: 47 CFR Sections 76.1700,                    took the same general approach to
                                           maintain public files at their main                     Records to be maintained locally by                   transitioning cable operators to the
                                           studios with a requirement to post most                 Cable System Operators; 76.1702, Equal                online file that it took with television
                                           of the documents in those files to a                    Employment Opportunity; 76.1703,                      broadcasters in 2012, tailoring the
                                           central, online public file hosted by the               Commercial Records on Children’s                      requirements as necessary to the
                                           Commission. On January 28, 2016, the                    Programs; 76.1707, Leased Access;                     different services. The Commission also
                                           Commission adopted a Report and                         76.1711, Emergency Alert System (EAS)                 took similar measures to minimize the
                                           Order (‘‘R&O’’) in MB Docket No. 14–                    Tests and Activation.                                 effort and cost entities must undertake
                                           127, FCC 16–4, In the Matter of                            Form Number: N/A.                                  to move their public files online.
                                           Expansion of Online Public File                            Type of Review: Revision of a                      Specifically, the Commission required
                                           Obligations to Cable and Satellite TV                   currently approved collection.                        cable operators to upload to the online
                                           Operators and Broadcast and Satellite                      Respondents: Business and other for-               public file only documents that are not
                                           Radio Licensees. The R&O expands the                    profit entities.                                      already on file with the Commission or
                                           requirement that public inspection files                   Number of Respondents and                          that the Commission maintains in its
                                           be posted to an FCC-hosted online                       Responses: 3,000 respondents; 3,000                   own database. The Commission also
                                           public file database to cable operators,                responses.                                            exempted existing political file material
                                           satellite TV (also referred to as ‘‘Direct                 Estimated Time per Response: 18                    from the online file requirement and
                                           Broadcast Satellite’’ or ‘‘DBS’’)                       hours.                                                required that political file documents be
                                           providers, broadcast radio licensees,                      Frequency of Response:                             uploaded only on a going-forward basis.
                                           and satellite radio (also referred to as                Recordkeeping requirement.                               Section 76.1700 addresses the records
                                           ‘‘Satellite Digital Audio Radio Services’’                 Obligation to Respond: Required to                 to be maintained by cable system
                                           or ‘‘SDARS’’) licensees. The                            obtain or retain benefits. The statutory              operators. The R&O revised Section
                                           Commission stated that its goal is to                   authority for this information collection             76.1700 to require that cable operators
                                           make information that these entities are                is contained in Sections 151, 152, 153,               maintain their public inspection file
                                           already required to make publicly                       154, 301, 302, 302a, 303, 303a, 307, 308,             online on the Web site hosted by the
                                           available more accessible while also                    309, 312, 315, 317, 325, 339, 340, 341,               FCC. In addition, the Commission
                                           reducing costs both for the government                  503, 521, 522, 531, 532, 534, 535, 536,               reorganized Section 76.1700 to more
                                           and the public sector. The Commission                   537, 543, 544, 544a, 545, 548, 549, 552,              clearly address which records must be
                                           took the same general approach to                       554, 556, 558, 560, 561, 571, 572, and                maintained in the public inspection file
                                           transitioning these entities to the online              573 of the Communications Act of 1934,                versus those that must be made
                                           file that it took with television                       as amended.                                           available to the Commission or
                                           broadcasters in 2012, tailoring the                        Total Annual Burden: 54,000 hours.                 franchising authority upon request.
                                           requirements as necessary to the                           Total Annual Cost: $591,840.                       Among other changes, the Commission
                                           different services. The Commission also                    Nature and Extent of Confidentiality:              clarified that proof-of-performance test
                                           took similar measures to minimize the                   There is no need for confidentiality with             data and signal leakage logs and repair
                                           effort and cost entities must undertake                 this collection of information.                       data must be made available only to the
                                           to move their public files online.                         Privacy Impact Assessment: The                     Commission and, in the case of proof-
                                           Specifically, the Commission required                   Commission prepared a system of                       of-performance test data, also to the
                                           entities to upload to the online public                 records notice (SORN), FCC/MB–2,                      franchisor, and not to the public.
                                           file only documents that are not already                ‘‘Broadcast Station Public Inspection                 Accordingly, this information is not
                                           on file with the Commission or that the                 Files,’’ that covers the PII contained in             required to be included in the public
                                           Commission maintains in its own                         the broadcast station public inspection               inspection file or in the online public
                                           database. The Commission also                           files located on the Commission’s Web                 inspection file.
                                           exempted existing political file material               site. The Commission will revise                         The Commission phased-in the
                                           from the online file requirement and                    appropriate privacy requirements as                   requirement to commence uploading
                                           required that political file documents be               necessary to include any entities and                 political file documents to the online
                                           uploaded only on a going-forward basis.                 information added to the online public                file for smaller cable systems and
                                              With respect to broadcast radio                      file in this proceeding.                              exempted cable systems with fewer than
                                           licensees, the Commission commenced                        Needs and Uses: The Commission                     1,000 subscribers from all online public
                                           the transition to an online file with                   revised this collection to reflect the                file requirements. The R&O also made
                                           commercial stations in larger markets                   Commission’s adoption of a Report and                 several minor additional changes to the
                                           with five or more full-time employees,                  Order (‘‘R&O’’) in MB Docket No. 14–                  existing cable public file requirements—
                                           while postponing temporarily all online                 127, FCC 16–4, In the Matter of                       it requires operators, when first
                                           file requirements for other radio                       Expansion of Online Public File                       establishing their online public file, to
                                           stations. The R&O also requires stations                Obligations to Cable and Satellite TV                 provide a list of the zip codes served by
                                           to provide information to the online file               Operators and Broadcast and Satellite                 the system and requires them to identify
                                           regarding the location of the station’s                 Radio Licensees, adopted on January 28,               the employment unit(s) associated with
                                           main studio.                                            2016. The R&O revised 47 CFR Sections                 the system. The R&O also requires cable
                                              With respect to cable operator public                76.1700 and 76.1702(a).                               systems to provide the contact
                                           file requirements, the R&O phased-in                       The R&O expands to cable operators                 information for their local file. In
                                           the requirement to commence uploading                   the requirement that public inspection                addition, each cable system must place
                                           political file documents to the online                  files be posted to an FCC-hosted online               the address of its local public file in the
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                                           file for smaller cable systems and                      public file database. The Commission                  Commission’s online file unless the
                                           exempted cable systems with fewer than                  stated that its goal is to make                       system has fully transitioned to the
                                           1,000 subscribers from all online public                information that these entities are                   FCC’s online public file (i.e., posts to the
                                           file requirements.                                      already required to make publicly                     Commission’s online public file all
                                              OMB Control Number: 3060–0316.                       available more accessible while also                  public and political file material
                                              OMB Approval Date: May 4, 2016.                      reducing costs both for the government                required to be maintained in the public


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                                           33144            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           inspection file) and also provides online               leakage logs and repair records); and                 inspection file annually by the date that
                                           access via the system’s own Web site to                 76.1715 (sponsorship identifications).                the unit’s EEO program annual report is
                                           back-up political file material in the                     47 CFR 76.1700(e) requires that public             due to be filed and shall be retained for
                                           event the online file becomes                           file material that continues to be                    a period of five years. A headquarters
                                           temporarily unavailable.                                retained at the system be retained in a               employment unit file and a file
                                              Apart from these minor exceptions,                   public inspection file maintained at the              containing a consolidated set of all
                                           the R&O does not adopt new or                           office which the system operator                      documents pertaining to the other
                                           modified public inspection file                         maintains for the ordinary collection of              employment units of a multichannel
                                           requirements. The Commission’s goal                     subscriber charges, resolution of                     video programming distributor that
                                           was simply to adapt the existing cable                  subscriber complaints, and other                      operates multiple units shall be
                                           public file requirements to an online                   business or at any accessible place in                maintained in the Commission’s online
                                           format.                                                 the community served by the system                    public file for every cable system
                                              47 CFR 76.1700 requires cable system                 unit(s) (such as a public registry for                associated with the headquarters
                                           operators to place the public inspection                documents or an attorney’s office).                   employment unit.
                                           file materials required to be retained by               Public files must be available for public               Special note—The information
                                           the following rules in the online public                inspection during regular business                    collection requirements contained in 47
                                           file hosted by the Commission, with the                 hours.                                                CFR 76.630 was approved by the OMB
                                           exception of existing political file                       47 CFR 76.1700(f) requires cable                   on March 21, 2016 under a non-
                                           material which cable systems may                        systems to provide a link to the public               substantive change submission. The
                                           continue to retain in their local public                inspection file hosted on the                         OMB control number is 3060–0667.
                                           file until the end of the retention period:             Commission’s Web site from the home
                                           76.1701 (political file), 76.1702 (EEO),                page of its own Web site, if the system               Federal Communications Commission.
                                           76.1703 (commercial records for                         has a Web site, and provide contact                   Gloria J. Miles,
                                           children’s programming), 76.1705                        information on its Web site for a system              Federal Register Liaison Officer, Office of the
                                           (performance tests—channels                             representative who can assist any                     Secretary.
                                           delivered); 76.1707 (leased access); and                person with disabilities with issues                  [FR Doc. 2016–11693 Filed 5–24–16; 8:45 am]
                                           76.1709 (availability of signals), 76.1710              related to the content of the public files.           BILLING CODE 6712–01–P
                                           (operator interests in video                            A system also is required to include in
                                           programming), 76.1715 (sponsorship                      the online public file the address of the
                                           identification), and 76.630                             system’s local public file, if the system             DEPARTMENT OF TRANSPORTATION
                                           (compatibility with consumer                            retains documents in the local file that
                                           electronics equipment). Cable systems                   are not available in the Commission’s                 Federal Motor Carrier Safety
                                           with fewer than 5,000 subscribers may                   online file, and the name, phone                      Administration
                                           continue to retain their political file                 number, and email address of the
                                           locally and are not required to upload                  system’s designated contact for                       [Docket No FMCSA–2015–0372]
                                           new political file material to the online               questions about the public file. In                   49 CFR Part 372
                                           public file until March 1, 2018. In                     addition, a system must provide on the
                                           addition, cable systems may elect to                    online public file a list of the five digit           RIN 2126–AB86
                                           retain the material required by 76.1708                 ZIP codes served by the system.
                                           (principal headend) locally rather than                    47 CFR 76.1700(g) requires that cable              Commercial Zones at International
                                           placing this material in the online                     operators make any material in the                    Border With Mexico
                                           public file.                                            public inspection file that is not also
                                                                                                                                                         AGENCY:  Federal Motor Carrier Safety
                                              47 CFR 76.1700(b) requires cable                     available in the Commission’s online
                                                                                                                                                         Administration (FMCSA), DOT.
                                           system operators to make the records                    file available for machine reproduction
                                           required to be retained by the following                upon request made in person, provided                 ACTION: Final rule.
                                           rules available to local franchising                    the requesting party shall pay the
                                                                                                                                                         SUMMARY:    FMCSA finalizes the interim
                                           authorities: 76.1704 (proof-of-                         reasonable cost of reproduction.
                                                                                                                                                         final rule (IFR) published on February
                                           performance test data) and 76.1713                      Requests for machine copies must be
                                                                                                                                                         24, 2016, in the Federal Register
                                           (complaint resolution).                                 fulfilled at a location specified by the
                                                                                                                                                         expanding the commercial zone for the
                                              47 CFR 76.1700(c) requires cable                     system operator, within a reasonable
                                                                                                                                                         City of El Paso, TX. The commercial
                                           system operators to make the records                    period of time, which in no event shall
                                                                                                                                                         zone now includes the new Tornillo-
                                           required to be retained by the following                be longer than seven days. The system
                                                                                                                                                         Guadalupe international bridge and port
                                           rules available to the Commission:                      operator is not required to honor
                                                                                                                                                         of entry on the border with Mexico. The
                                           76.1704 (proof-of-performance test                      requests made by mail but may do so if
                                                                                                                                                         Agency sought, but did not receive,
                                           data), 76.1706 (signal leakage logs and                 it chooses.
                                                                                                      47 CFR 76.1702(a) requires that every              public comments regarding what should
                                           repair records), 76.1711 (emergency
                                                                                                   employment unit with six or more full-                constitute the eastern boundary of
                                           alert system and activations), 76.1713
                                                                                                   time employees shall maintain for                     FMCSA’s commercial zone for the City
                                           (complaint resolution), and 76.1716
                                                                                                   public inspection a file containing                   of El Paso, TX. Therefore, FMCSA is
                                           (subscriber records).
                                              47 CFR 76.1700(d) exempts cable                      copies of all EEO program annual                      adopting the commercial zone as
                                           television systems having fewer than                    reports filed with the Commission and                 defined in the February 24, 2016, IFR.
                                           1,000 subscribers from the online public                the equal employment opportunity                      DATES: Effective May 25, 2016.
                                           file and the public inspection                          program information described in 47                   FOR FURTHER INFORMATION CONTACT:
Lhorne on DSK30JT082PROD with RULES




                                           requirements contained in 47 CFR                        CFR 76.1702(b). These materials shall be              Bryan Price, Chief, North American
                                           76.1701 (political file); 76.1702 (equal                placed in the Commission’s online                     Borders Division, FMCSA, 1200 New
                                           employment opportunity); 76.1703                        public inspection file for each cable                 Jersey Avenue SE., Washington, DC
                                           (commercial records for children’s                      system associated with the employment                 20590–0001. Telephone (202) 680–4831;
                                           programming); 76.1704 (proof-of-                        unit. These materials must be placed in               email bryan.price@dot.gov. If you have
                                           performance test data); 76.1706 (signal                 the Commission’s online public                        questions on viewing or submitting


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Document Created: 2018-02-07 15:03:13
Document Modified: 2018-02-07 15:03:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; announcement of effective date.
DatesThe amendments to 47 CFR 25.701(d), (d)(2), (d)(3), (e)(3), and (f)(6), 25.702, 73.1943(d), 73.3526(b)(1) through (3), 73.3527(b)(1) and (2), 76.630, 76.1700, and 76.1702(a), published at 81 FR 10105, February 29, 2016, are effective June 24, 2016.
ContactFor additional information contact Cathy Williams, [email protected], (202) 418-2918.
FR Citation81 FR 33140 
CFR Citation47 CFR 25
47 CFR 73
47 CFR 76

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