81 FR 9360 - Television Market Modification; Statutory Implementation

FEDERAL COMMUNICATIONS COMMISSION

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

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, 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]
 BILLING CODE 6712-01-P