81_FR_9397 81 FR 9360 - Television Market Modification; Statutory Implementation

81 FR 9360 - Television Market Modification; Statutory Implementation

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 37 (February 25, 2016)

Page Range9360-9362
FR Document2016-03957

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, Television Market Modification; Statutory Implementation. 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 37 (Thursday, February 25, 2016)
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Rules and Regulations]
[Pages 9360-9362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03957]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MB Docket No. 15-71; FCC 15-111]


Television Market Modification; Statutory Implementation

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, Television Market Modification; Statutory Implementation. 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 76.59(a) and (b), published at 80 FR 
59635, October 2, 2015, are effective February 25, 2016.

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

SUPPLEMENTARY INFORMATION: This document announces that, on February 
18, 2016 and February 19, 2016, OMB approved the information collection 
requirements contained in the Commission's Report and Order, FCC 15-
111, published at 80 FR 59635, October 2, 2015. The OMB Control Numbers 
are 3060-0546 and 3060-0980. The Commission publishes this notice as an 
announcement of the effective date of the rules. If you have any 
comments on the burden estimates listed below, or how the Commission 
can improve the collections and reduce any burdens caused thereby, 
please contact Cathy Williams, Federal Communications Commission, Room 
1-C823, 445 12th Street SW., Washington, DC 20554. Please include the 
OMB Control Numbers, 3060-0546 and 3060-0980, 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 
February 18, 2016 and February 19, 2016, for the new information 
collection requirements contained in the Commission's rules at 47 CFR 
76.59(a)-(b) and 76.66(d)(6).
    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 3060-0546 and 3060-0980.
    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: 3060-0546.
    OMB Approval Date: February 18, 2016.
    OMB Expiration Date: February 28, 2019.
    Title: Section 76.59 Definition of Markets for Purposes of the 
Cable Television Mandatory Television Broadcast Signal Carriage Rules.
    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: 180 respondents and 200 
responses.
    Estimated Time per Response: 0.5 to 40 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement; Recordkeeping requirement.
    Total Annual Burden: 1,486 hours.
    Total Annual Costs: $1,387,950.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 151, 
154(i), 303(r), 338 and 534.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment(s): No impact(s).
    Needs and Uses: On September 2, 2015, the Commission released a 
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting 
satellite television market modification rules to implement Section 102 
of the Satellite Television Extension and Localism Act (STELA) 
Reauthorization Act of 2014 (STELAR). The STELAR amended the 
Communications Act and the Copyright Act to give the Commission 
authority to modify a commercial television broadcast station's local 
television market--defined by The Nielsen Company's Designated Market 
Area (DMA) in which it is located--to include additional communities or 
exclude communities for purposes of better effectuating satellite 
carriage rights. The Commission previously had the authority to modify 
a station's market only in the cable carriage context. Market 
modification allows the Commission to modify the local television 
market of a particular commercial television broadcast station to 
enable commercial television stations, cable operators and satellite 
carriers to better serve the interests of local communities. Market 
modification provides a means to avoid rigid adherence to DMA 
designations and to promote consumer access to in-state and other 
relevant television programming. Section 338(l) of the Communications 
Act (the satellite market modification provision) and Section 
614(h)(1)(C) of the Communications Act (the corresponding cable 
provision) permit the Commission to add communities to or delete 
communities from a station's local television market following a 
written request. Furthermore, the Commission may determine that 
particular communities are part of more than one television market.
    Section 76.59(a) of the Commission's Rules authorizes the filing of 
market modification petitions and governs who may file such a petition. 
With respect to cable market modification petitions, a commercial TV 
broadcast station and cable system operator may file a market 
modification petition to modify the local television market of a 
particular

[[Page 9361]]

commercial television broadcast station for purposes of cable carriage 
rights. With respect to satellite market modification petitions, a 
commercial TV broadcast stations, satellite carrier and county 
governmental entity (such as a county board, council, commission or 
other equivalent subdivision) may file a market modification petition 
to modify the local television market of a particular commercial 
television broadcast station for purposes of satellite carriage rights. 
Section 76.59(b) of the Commission's Rules requires that market 
modification petitions and responsive pleadings (e.g., oppositions, 
comments, reply comments) must be submitted in accordance with the 
procedures for filing Special Relief petitions in Section 76.7 of the 
rules. Section 76.59(b) of the Commission's Rules requires petitioners 
(e.g., commercial TV broadcast stations, cable system operators, 
satellite carriers and county governments) to include the specific 
evidence in support of market modification petitions.
    Section 338(l)(3) of the Communications Act provides that ``[a] 
market determination . . . shall not create additional carriage 
obligations for a satellite carrier if it is not technically and 
economically feasible for such carrier to accomplish such carriage by 
means of its satellites in operation at the time of the 
determination.'' If a satellite carrier opposes a market modification 
petition because the resulting carriage would be technically or 
economically infeasible pursuant to Section 338(l)(3), the carrier must 
provide specific evidence in its opposition or response to a pre-filing 
coordination request (see below) to demonstrate its claim of 
infeasibility. If the satellite carrier is claiming infeasibility based 
on insufficient spot beam coverage, then the carrier may instead 
provide a detailed certification submitted under penalty of perjury. 
Although the Commission will not require satellite carriers to provide 
supporting documentation as part of their certification, the Commission 
may decide to look behind any certification and require supporting 
documentation when it deems it appropriate, such as when there is 
evidence that the certification may be inaccurate. In the event that 
the Commission requires supporting documentation, it will require a 
satellite carrier to provide its ``satellite link budget'' calculations 
that were created for the new community. Because the Commission may 
determine in a given case that supporting documentation should be 
provided to support a detailed certification, satellite carriers are 
required to retain such ``satellite link budget'' information in the 
event that the Commission determines further review by the Commission 
is necessary. Satellite carriers must retain such information 
throughout the pendency of Commission or judicial proceedings involving 
the certification and any related market modification petition. If 
satellite carriers have concerns about providing proprietary and 
confidential information underlying their analysis, they may request 
confidentiality.
    The Report and Order establishes a ``pre-filing coordination'' 
process that will allow a prospective petitioner for market 
modification (i.e., broadcaster or county government), at its option, 
to request/obtain a certification from a satellite carrier about 
whether or not (and to what extent) carriage resulting from a 
contemplated market modification is technically and economically 
feasible for such carrier before the prospective petitioner undertakes 
the time and expense of preparing and filing a satellite market 
modification petition. To initiate this process, a prospective 
petitioner may make a request in writing to a satellite carrier for the 
carrier to provide the certification about the feasibility or 
infeasibility of carriage. A satellite carrier must respond to this 
request within a reasonable amount of time by providing a feasibility 
certification to the prospective petitioner. A satellite carrier must 
also file a copy of the correspondence and feasibility certification it 
provides to the prospective petitioner in this docket electronically 
via ECFS so that the Media Bureau can track these certifications and 
monitor carrier response time.
    If the carrier is claiming spot beam coverage infeasibility, then 
the certification provided by the carrier must be the same type of 
detailed certification that would be required in response to a market 
modification petition. For any other claim of infeasibility, the 
carrier's feasibility certification must explain in detail the basis of 
such infeasibility and must be prepared to provide documentation in 
support of its claim, in the event the prospective petitioner decides 
to seek a Commission determination about the validity of the carrier's 
claim. If carriage is feasible, a statement to that effect must be 
provided in the certification. To obtain a Commission determination 
about the validity of the carrier's claim of infeasibility, a 
prospective petitioner must either file a (separate) petition for 
special relief or its market modification petition.
    OMB Control Number: 3060-0980.
    OMB Approval Date: February 24, 2016.
    OMB Expiration Date: February 28, 2019.
    Title: Implementation of the Satellite Home Viewer Improvement Act 
of 1999: Local Broadcast Signal Carriage Issues and Retransmission 
Consent Issues, 47 CFR Section 76.66.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 10,300 respondents; 11,978 
responses.
    Estimated Time per Response: 1 hour to 5 hours.
    Frequency of Response: Third party disclosure requirement; On 
occasion reporting requirement; Once every three years reporting 
requirement; Recordkeeping requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 325, 
338, 339 and 340.
    Total Annual Burden: 12,186 hours.
    Total Annual Cost: $24,000.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On September 2, 2015, the Commission released a 
Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting 
satellite television market modification rules to implement Section 102 
of the Satellite Television Extension and Localism Act (STELA) 
Reauthorization Act of 2014 (STELAR). With respect to this collection, 
the Order amended Section 76.66 of the Commission's Rules by adding a 
new paragraph (d)(6) that addresses satellite carriage after a market 
modification is granted by the Commission.
    47 CFR Section 76.66(d)(6) addresses satellite carriage after a 
market modification is granted by the Commission. The rule states that 
television broadcast stations that become eligible for mandatory 
carriage with respect to a satellite carrier (pursuant to Sec.  76.66) 
due to a change in the market definition (by operation of a market 
modification pursuant to Sec.  76.59) may, within 30 days of the 
effective date of the new definition, elect retransmission consent or 
mandatory carriage with respect to such carrier.
    A satellite carrier shall commence carriage within 90 days of 
receiving the carriage election from the television

[[Page 9362]]

broadcast station. The election must be made in accordance with the 
requirements of 47 CFR Section 76.66(d)(1).

Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2016-03957 Filed 2-24-16; 8:45 am]
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                                             9360                  Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations

                                                                                                 Parts per      comments on the burden estimates                       disclosure requirement; Recordkeeping
                                                           Commodity                              million       listed below, or how the Commission                    requirement.
                                                                                                                can improve the collections and reduce                    Total Annual Burden: 1,486 hours.
                                             Goat, fat ....................................                0.10 any burdens caused thereby, please                        Total Annual Costs: $1,387,950.
                                             Goat, meat ................................                   0.10 contact Cathy Williams, Federal                           Obligation to Respond: Required to
                                             Goat, meat byproducts .............                           0.50                                                        obtain or retain benefits. The statutory
                                                                                                                Communications Commission, Room 1–
                                             Hog, fat .....................................                0.10                                                        authority for this collection is contained
                                             Hog, meat .................................                   0.10 C823, 445 12th Street SW., Washington,                 in 47 U.S.C. 151, 154(i), 303(r), 338 and
                                             Hog, meat byproducts ..............                           0.50 DC 20554. Please include the OMB
                                             Horse, fat ..................................                 0.10 Control Numbers, 3060–0546 and 3060–
                                                                                                                                                                       534.
                                             Horse, meat ..............................                    0.10 0980, in your correspondence. The                         Nature and Extent of Confidentiality:
                                             Horse, meat byproducts ...........                            0.50 Commission will also accept your                       There is no need for confidentiality with
                                             Sheep, fat .................................                  0.10 comments via the Internet if you send                  this collection of information.
                                             Sheep, meat .............................                     0.10 them to PRA@fcc.gov.                                      Privacy Impact Assessment(s): No
                                             Sheep, meat byproducts ..........                             0.50    To request materials in accessible                  impact(s).
                                                                                                                formats for people with disabilities                      Needs and Uses: On September 2,
                                             *        *        *        *        *                              (Braille, large print, electronic files,               2015, the Commission released a Report
                                             [FR Doc. 2016–03910 Filed 2–24–16; 8:45 am]                        audio format), send an email to fcc504@                and Order (Order), FCC 15–111, in MB
                                             BILLING CODE 6560–50–P                                             fcc.gov or call the Consumer and                       Docket No. 15–71, adopting satellite
                                                                                                                Governmental Affairs Bureau at (202)                   television market modification rules to
                                                                                                                418–0530 (voice), (202) 418–0432                       implement Section 102 of the Satellite
                                                                                                                (TTY).                                                 Television Extension and Localism Act
                                             FEDERAL COMMUNICATIONS
                                                                                                                                                                       (STELA) Reauthorization Act of 2014
                                             COMMISSION                                                          Synopsis                                              (STELAR). The STELAR amended the
                                             47 CFR Part 76                                                        As required by the Paperwork                        Communications Act and the Copyright
                                                                                                                 Reduction Act of 1995 (44 U.S.C. 3507),               Act to give the Commission authority to
                                             [MB Docket No. 15–71; FCC 15–111]                                   the FCC is notifying the public that it               modify a commercial television
                                                                                                                 received OMB approval on February 18,                 broadcast station’s local television
                                             Television Market Modification;                                                                                           market—defined by The Nielsen
                                                                                                                 2016 and February 19, 2016, for the new
                                             Statutory Implementation                                            information collection requirements                   Company’s Designated Market Area
                                             AGENCY:   Federal Communications                                    contained in the Commission’s rules at                (DMA) in which it is located—to
                                             Commission.                                                         47 CFR 76.59(a)–(b) and 76.66(d)(6).                  include additional communities or
                                                                                                                   Under 5 CFR 1320, an agency may not                 exclude communities for purposes of
                                             ACTION: Final rule; announcement of
                                                                                                                 conduct or sponsor a collection of                    better effectuating satellite carriage
                                             effective date.                                                                                                           rights. The Commission previously had
                                                                                                                 information unless it displays a current,
                                             SUMMARY:   In this document, the                                    valid OMB Control Number.                             the authority to modify a station’s
                                             Commission announces that the Office                                  No person shall be subject to any                   market only in the cable carriage
                                             of Management and Budget (OMB) has                                  penalty for failing to comply with a                  context. Market modification allows the
                                             approved, for a period of three years, the                          collection of information subject to the              Commission to modify the local
                                             information collection associated with                              Paperwork Reduction Act that does not                 television market of a particular
                                             the Commission’s Report and Order,                                  display a current, valid OMB Control                  commercial television broadcast station
                                             Television Market Modification;                                     Number. The OMB Control Numbers are                   to enable commercial television
                                             Statutory Implementation. This                                      3060–0546 and 3060–0980.                              stations, cable operators and satellite
                                             document is consistent with the Report                                The foregoing notice is required by                 carriers to better serve the interests of
                                             and Order, which stated that the                                    the Paperwork Reduction Act of 1995,                  local communities. Market modification
                                             Commission would publish a document                                 Public Law 104–13, October 1, 1995,                   provides a means to avoid rigid
                                                                                                                 and 44 U.S.C. 3507.                                   adherence to DMA designations and to
                                             in the Federal Register announcing
                                                                                                                   The total annual reporting burdens                  promote consumer access to in-state and
                                             OMB approval and the effective date of
                                                                                                                 and costs for the respondents are as                  other relevant television programming.
                                             the rules.                                                          follows:                                              Section 338(l) of the Communications
                                             DATES: The amendments to 47 CFR                                       OMB Control Number: 3060–0546.                      Act (the satellite market modification
                                             76.59(a) and (b), published at 80 FR                                  OMB Approval Date: February 18,                     provision) and Section 614(h)(1)(C) of
                                             59635, October 2, 2015, are effective                               2016.                                                 the Communications Act (the
                                             February 25, 2016.                                                    OMB Expiration Date: February 28,
                                                                                                                                                                       corresponding cable provision) permit
                                             FOR FURTHER INFORMATION CONTACT: For                                2019.
                                                                                                                   Title: Section 76.59 Definition of                  the Commission to add communities to
                                             additional information contact Cathy                                                                                      or delete communities from a station’s
                                             Williams, Cathy.Williams@fcc.gov, (202)                             Markets for Purposes of the Cable
                                                                                                                 Television Mandatory Television                       local television market following a
                                             418–2918.                                                                                                                 written request. Furthermore, the
                                                                                                                 Broadcast Signal Carriage Rules.
                                             SUPPLEMENTARY INFORMATION: This                                                                                           Commission may determine that
                                                                                                                   Form Number: N/A.
                                             document announces that, on February                                  Type of Review: Revision of a                       particular communities are part of more
                                             18, 2016 and February 19, 2016, OMB                                 currently approved collection.                        than one television market.
                                             approved the information collection                                   Respondents: Business and other for-                   Section 76.59(a) of the Commission’s
                                             requirements contained in the                                       profit entities.                                      Rules authorizes the filing of market
                                             Commission’s Report and Order, FCC                                                                                        modification petitions and governs who
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                                                                                                                   Number of Respondents and
                                             15–111, published at 80 FR 59635,                                   Responses: 180 respondents and 200                    may file such a petition. With respect to
                                             October 2, 2015. The OMB Control                                    responses.                                            cable market modification petitions, a
                                             Numbers are 3060–0546 and 3060–0980.                                  Estimated Time per Response: 0.5 to                 commercial TV broadcast station and
                                             The Commission publishes this notice                                40 hours.                                             cable system operator may file a market
                                             as an announcement of the effective                                   Frequency of Response: On occasion                  modification petition to modify the
                                             date of the rules. If you have any                                  reporting requirement; Third party                    local television market of a particular


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                                                              Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations                                        9361

                                             commercial television broadcast station                 carriers are required to retain such                     OMB Control Number: 3060–0980.
                                             for purposes of cable carriage rights.                  ‘‘satellite link budget’’ information in                 OMB Approval Date: February 24,
                                             With respect to satellite market                        the event that the Commission                         2016.
                                             modification petitions, a commercial TV                 determines further review by the                         OMB Expiration Date: February 28,
                                             broadcast stations, satellite carrier and               Commission is necessary. Satellite                    2019.
                                             county governmental entity (such as a                   carriers must retain such information                    Title: Implementation of the Satellite
                                             county board, council, commission or                    throughout the pendency of                            Home Viewer Improvement Act of 1999:
                                             other equivalent subdivision) may file a                Commission or judicial proceedings                    Local Broadcast Signal Carriage Issues
                                             market modification petition to modify                  involving the certification and any                   and Retransmission Consent Issues, 47
                                             the local television market of a                        related market modification petition. If              CFR Section 76.66.
                                             particular commercial television                        satellite carriers have concerns about                   Form Number: Not applicable.
                                             broadcast station for purposes of                       providing proprietary and confidential                   Type of Review: Revision of a
                                             satellite carriage rights. Section 76.59(b)             information underlying their analysis,                currently approved collection.
                                             of the Commission’s Rules requires that                 they may request confidentiality.                        Respondents: Business or other for-
                                             market modification petitions and                          The Report and Order establishes a                 profit entities.
                                             responsive pleadings (e.g., oppositions,                ‘‘pre-filing coordination’’ process that                 Number of Respondents and
                                             comments, reply comments) must be                       will allow a prospective petitioner for               Responses: 10,300 respondents; 11,978
                                             submitted in accordance with the                        market modification (i.e., broadcaster or             responses.
                                             procedures for filing Special Relief                    county government), at its option, to                    Estimated Time per Response: 1 hour
                                             petitions in Section 76.7 of the rules.                 request/obtain a certification from a                 to 5 hours.
                                                                                                     satellite carrier about whether or not                   Frequency of Response: Third party
                                             Section 76.59(b) of the Commission’s
                                                                                                     (and to what extent) carriage resulting               disclosure requirement; On occasion
                                             Rules requires petitioners (e.g.,
                                                                                                     from a contemplated market                            reporting requirement; Once every three
                                             commercial TV broadcast stations, cable
                                                                                                     modification is technically and                       years reporting requirement;
                                             system operators, satellite carriers and
                                                                                                     economically feasible for such carrier                Recordkeeping requirement.
                                             county governments) to include the
                                                                                                     before the prospective petitioner                        Obligation To Respond: Required to
                                             specific evidence in support of market
                                                                                                     undertakes the time and expense of                    obtain or retain benefits. The statutory
                                             modification petitions.
                                                                                                     preparing and filing a satellite market               authority for this collection is contained
                                                Section 338(l)(3) of the                             modification petition. To initiate this               in 47 U.S.C. 325, 338, 339 and 340.
                                             Communications Act provides that ‘‘[a]                  process, a prospective petitioner may                    Total Annual Burden: 12,186 hours.
                                             market determination . . . shall not                    make a request in writing to a satellite                 Total Annual Cost: $24,000.
                                             create additional carriage obligations for              carrier for the carrier to provide the                   Privacy Act Impact Assessment: No
                                             a satellite carrier if it is not technically            certification about the feasibility or                impact(s).
                                             and economically feasible for such                      infeasibility of carriage. A satellite                   Nature and Extent of Confidentiality:
                                             carrier to accomplish such carriage by                  carrier must respond to this request                  There is no need for confidentiality with
                                             means of its satellites in operation at the             within a reasonable amount of time by                 this collection of information.
                                             time of the determination.’’ If a satellite             providing a feasibility certification to                 Needs and Uses: On September 2,
                                             carrier opposes a market modification                   the prospective petitioner. A satellite               2015, the Commission released a Report
                                             petition because the resulting carriage                 carrier must also file a copy of the                  and Order (Order), FCC 15–111, in MB
                                             would be technically or economically                    correspondence and feasibility                        Docket No. 15–71, adopting satellite
                                             infeasible pursuant to Section 338(l)(3),               certification it provides to the                      television market modification rules to
                                             the carrier must provide specific                       prospective petitioner in this docket                 implement Section 102 of the Satellite
                                             evidence in its opposition or response to               electronically via ECFS so that the                   Television Extension and Localism Act
                                             a pre-filing coordination request (see                  Media Bureau can track these                          (STELA) Reauthorization Act of 2014
                                             below) to demonstrate its claim of                      certifications and monitor carrier                    (STELAR). With respect to this
                                             infeasibility. If the satellite carrier is              response time.                                        collection, the Order amended Section
                                             claiming infeasibility based on                            If the carrier is claiming spot beam               76.66 of the Commission’s Rules by
                                             insufficient spot beam coverage, then                   coverage infeasibility, then the                      adding a new paragraph (d)(6) that
                                             the carrier may instead provide a                       certification provided by the carrier                 addresses satellite carriage after a
                                             detailed certification submitted under                  must be the same type of detailed                     market modification is granted by the
                                             penalty of perjury. Although the                        certification that would be required in               Commission.
                                             Commission will not require satellite                   response to a market modification                        47 CFR Section 76.66(d)(6) addresses
                                             carriers to provide supporting                          petition. For any other claim of                      satellite carriage after a market
                                             documentation as part of their                          infeasibility, the carrier’s feasibility              modification is granted by the
                                             certification, the Commission may                       certification must explain in detail the              Commission. The rule states that
                                             decide to look behind any certification                 basis of such infeasibility and must be               television broadcast stations that
                                             and require supporting documentation                    prepared to provide documentation in                  become eligible for mandatory carriage
                                             when it deems it appropriate, such as                   support of its claim, in the event the                with respect to a satellite carrier
                                             when there is evidence that the                         prospective petitioner decides to seek a              (pursuant to § 76.66) due to a change in
                                             certification may be inaccurate. In the                 Commission determination about the                    the market definition (by operation of a
                                             event that the Commission requires                      validity of the carrier’s claim. If carriage          market modification pursuant to
                                             supporting documentation, it will                       is feasible, a statement to that effect               § 76.59) may, within 30 days of the
                                             require a satellite carrier to provide its
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                                                                                                     must be provided in the certification. To             effective date of the new definition,
                                             ‘‘satellite link budget’’ calculations that             obtain a Commission determination                     elect retransmission consent or
                                             were created for the new community.                     about the validity of the carrier’s claim             mandatory carriage with respect to such
                                             Because the Commission may determine                    of infeasibility, a prospective petitioner            carrier.
                                             in a given case that supporting                         must either file a (separate) petition for               A satellite carrier shall commence
                                             documentation should be provided to                     special relief or its market modification             carriage within 90 days of receiving the
                                             support a detailed certification, satellite             petition.                                             carriage election from the television


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                                             9362             Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Rules and Regulations

                                             broadcast station. The election must be                 requirements of 47 CFR Section                        Federal Communications Commission.
                                             made in accordance with the                             76.66(d)(1).                                          Marlene H. Dortch,
                                                                                                                                                           Secretary. Office of the Secretary.
                                                                                                                                                           [FR Doc. 2016–03957 Filed 2–24–16; 8:45 am]
                                                                                                                                                           BILLING CODE 6712–01–P
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Document Created: 2018-02-02 14:35:05
Document Modified: 2018-02-02 14:35:05
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 76.59(a) and (b), published at 80 FR 59635, October 2, 2015, are effective February 25, 2016.
ContactFor additional information contact Cathy Williams, [email protected], (202) 418-2918.
FR Citation81 FR 9360 

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