82_FR_10588 82 FR 10559 - Media Bureau Seeks Comment on Requiring the Filing of Transition Progress Reports by Stations That Are Not Eligible for Reimbursement From the TV Broadcast Relocation Fund

82 FR 10559 - Media Bureau Seeks Comment on Requiring the Filing of Transition Progress Reports by Stations That Are Not Eligible for Reimbursement From the TV Broadcast Relocation Fund

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 29 (February 14, 2017)

Page Range10559-10561
FR Document2017-02926

In this document, the Federal Communications Commission seeks comment on a proposed Transition Progress Report (FCC Form 2100-- Schedule 387 (Transition Progress Report)) and proposed filing requirements for periodic progress reports by full power and Class A television stations that are not eligible to receive payment of relocation expenses from the TV Broadcast Relocation Fund in connection with their being assigned to a new channel through the Incentive Auction. The Commission tentatively concludes that this mechanism is needed to help the Commission, broadcasters, those involved in construction of broadcast facilities, other interested parties, and the public to monitor the construction of the stations that are not eligible for reimbursement.

Federal Register, Volume 82 Issue 29 (Tuesday, February 14, 2017)
[Federal Register Volume 82, Number 29 (Tuesday, February 14, 2017)]
[Proposed Rules]
[Pages 10559-10561]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02926]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 16-306, GN Docket No. 12-268; DA 17-34]


Media Bureau Seeks Comment on Requiring the Filing of Transition 
Progress Reports by Stations That Are Not Eligible for Reimbursement 
From the TV Broadcast Relocation Fund

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; request for comment.

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SUMMARY: In this document, the Federal Communications Commission seeks 
comment on a proposed Transition Progress Report (FCC Form 2100--
Schedule 387 (Transition Progress Report)) and proposed filing 
requirements for periodic progress reports by full power and Class A 
television stations that are not eligible to receive payment of 
relocation expenses from the TV Broadcast Relocation Fund in connection 
with their being assigned to a new channel through the Incentive 
Auction. The Commission tentatively concludes that this mechanism is 
needed to help the Commission, broadcasters, those involved in 
construction of broadcast facilities, other interested parties, and the 
public to monitor the construction of the stations that are not 
eligible for reimbursement.

DATES: Comments due on or before March 1, 2017; and reply comments are 
due on or before March 13, 2017.

ADDRESSES: You may submit comments, identified by GN Docket No. 12-268 
and MB Docket No. 16-306, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: https://www.fcc.gov/. Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
     Paper Filers: Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail. All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission. All hand-delivered or messenger-delivered 
paper filings for the Commission's Secretary must be delivered to FCC 
Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. 
The filing hours are 8:00 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes and boxes 
must be disposed of before entering the building. Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. 
U.S. Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: Contact the FCC to request reasonable 
accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, 
[email protected], (202) 418-1647.

SUPPLEMENTARY INFORMATION: In the Incentive Auction R&O, the Commission 
adopted rules and procedures for conducting the broadcast television 
incentive auction. See Expanding the Economic and Innovation 
Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12-
268, Report and Order, 79 FR 48442, August 15, 2014. The incentive 
auction is composed of a reverse auction in which

[[Page 10560]]

broadcasters offer to voluntarily relinquish some or all of their 
spectrum usage rights, and a forward auction of new, flexible-use 
licenses suitable for providing mobile broadband services. The reverse 
auction incorporates a repacking process to reorganize the broadcast 
television bands so that the television stations that remain on the air 
after the transition will occupy a smaller portion of the ultra-high 
frequency (UHF) band, thereby clearing contiguous spectrum that will be 
repurposed as the 600 MHz Band for flexible wireless use. After bidding 
concludes, the Media and Wireless Telecommunications Bureaus will 
release the Closing and Reassignment Public Notice which, among other 
things, will announce the results of the repacking process and identify 
the channel reassignments of television channels. The Closing and 
Reassignment Public Notice will also establish the beginning of the 39-
month post-auction transition period (transition period). By the end of 
the transition period, all stations reassigned to new channels must 
complete construction of their post-auction channel facilities, 
commence operation on their post-auction channel, cease operation on 
their pre-auction channel, and file a license application.
    Most stations that incur costs as a result of being reassigned to 
new channels will be eligible for reimbursement from the Reimbursement 
Fund and the Commission determined in the Incentive Auction R&O, that 
reimbursable stations will be required, on a regular basis, to provide 
progress reports to the Commission showing how the disbursed funds have 
been spent and what portion of their construction is complete. In this 
document the Bureau announces that each full power and Class A 
television station that is eligible for reimbursement of its relocation 
costs from the TV Broadcast Relocation Fund established by the Middle 
Class Tax Relief and Job Creation Act of 2012 must periodically file an 
FCC Form 2100--Schedule 387 (Transition Progress Report) that is 
attached as Appendix A to the Public Notice. The appendix is available 
at https://apps.fcc.gov/edocs_public/attachmatch/DA-17-34A1.pdf. 
Reimbursable stations must file Transition Progress Reports using the 
Commission's electronic filing system starting with first full calendar 
quarter after completion of the Incentive Auction and on a quarterly 
basis thereafter. In addition to these quarterly reports, reimbursable 
stations must file the reports: (1) 10 weeks before the end of their 
assigned construction deadline; (2) 10 days after they complete all 
work related to construction of their post-auction facilities; and (3) 
five days after they cease broadcasting on their pre-auction channel. 
Once a station has filed Transition Progress Reports certifying that it 
has completed all work related to construction of its post-auction 
facilities and has ceased operating on its pre-auction channel, it will 
no longer be required to file reports.
    Other stations that will be relocating to new channels are not 
eligible for reimbursement, including stations with a winning reverse 
auction bid to move to the low or high very-high frequency (VHF) band, 
stations requesting a waiver of the Commission's service rules in lieu 
of reimbursement, and a small number of Class A stations that may be 
displaced as a result of repacking. This document tentatively concludes 
that a similar mechanism is needed to help the Commission, 
broadcasters, those involved in construction of broadcast facilities, 
other interested parties, and the public to monitor the construction of 
the stations that are not eligible for reimbursement, and seeks comment 
on the Transition Progress Report as it relates to non-reimbursable 
stations, including whether the same questions asked of reimbursable 
stations should be asked of non-reimbursable stations, or whether 
different filing intervals or different filing requirements would be 
advisable.
    Paperwork Reduction Act of 1995 Analysis: This document contains 
new or modified information collection requirements. The Commission, as 
part of its continuing effort to reduce paperwork burdens, the general 
public and the Office of Management and Budget (OMB) are invited to 
comment on the information collection requirements contained in this 
document as required by the Paperwork Reduction Act of 1995, Public Law 
104-13, see 44 U.S.C. 3507.
    Initial Regulatory Flexibility Act Analysis: As required by the 
Regulatory Flexibility Act of 1980, as amended (``RFA'') the Commission 
has prepared this Initial Regulatory Flexibility Analysis (``IRFA'') 
concerning the possible significant economic impact on small entities 
of the policies and rules proposed in the this PN (Progress Report Form 
PN). Written public comments are requested on this IRFA. Comments must 
be identified as responses to the IRFA and must be filed by the 
deadlines for comments provided on the first page of the Progress 
Report Form PN. The Commission will send a copy of the Progress Report 
Form PN, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (``SBA''). In addition, the Progress 
Report Form PN and IRFA (or summaries thereof) will be published in the 
Federal Register.
    The Regulatory Flexibility Act of 1980, as amended (``RFA''), 
requires that a regulatory flexibility analysis be prepared for notice 
and comment rule making proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).

A. Need for, and Objectives of, the Proposed Rule Changes

    The Federal Communications Commission (Commission) adopted a 39-
month transition period during which television stations that are 
assigned to new channels in the incentive auction must construct their 
new facilities. The Commission determined that reassigned television 
stations that are eligible for reimbursement from the TV Broadcast 
Relocation Fund are required, on a regular basis, to provide progress 
reports to the Commission showing how the disbursed funds have been 
spent and what portion of construction is complete. The Commission 
directed the Media Bureau (Bureau) to develop a form for such progress 
reports and set the filing deadlines for such reports. The Progress 
Report Form PN describes the information that must be provided by these 
stations, and when and how the progress reports must be filed. The 
Bureau proposes to require that reassigned television stations that are 
not eligible for reimbursement from the TV Broadcast Relocation Fund 
provide the same progress reports to the Commission on the same 
schedule as that specified for stations eligible for reimbursement. The 
Transition Progress Report in Appendix A requires reassigned stations 
to certify that certain steps toward construction of their post-auction 
channel either have been completed or are not required, and to identify 
potential problems which they believe may make it difficult for them to 
meet their construction deadlines. The

[[Page 10561]]

information in the progress reports will be used by the Commission, 
stations, and other interested parties to monitor the status of 
reassigned stations' construction during the 39-month transition 
period.

B. Legal Basis

    The proposed action is authorized pursuant to sections 1, 4, 301, 
303, 307, 308, 309, 310, 316, 319, and 403 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154, 301, 303, 307, 308, 309, 310, 
316, 319, and 403.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) Is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the SBA. Below, we 
provide a description of such small entities, as well as an estimate of 
the number of such small entities, where feasible.
    Television Broadcasting. This economic census category ``comprises 
establishments primarily engaged in broadcasting images together with 
sound.'' The SBA has created the following small business size standard 
for such businesses: Those having $38.5 million or less in annual 
receipts. The 2007 U.S. Census indicates that 808 firms in this 
category operated in that year. Of that number, 709 had annual receipts 
of $25,000,000 or less, and 99 had annual receipts of more than 
$25,000,000. Because the Census has no additional classifications that 
could serve as a basis for determining the number of stations whose 
receipts exceeded $38.5 million in that year, we conclude that the 
majority of television broadcast stations were small under the 
applicable SBA size standard.
    Apart from the U.S. Census, the Commission has estimated the number 
of licensed commercial television stations to be 1,386 stations. Of 
this total, 1,221 stations (or about 88 percent) had revenues of $38.5 
million or less, according to Commission staff review of the BIA Kelsey 
Inc. Media Access Pro Television Database (BIA) on July 2, 2014. In 
addition, the Commission has estimated the number of licensed 
noncommercial educational (NCE) television stations to be 395. NCE 
stations are non-profit, and therefore considered to be small entities. 
Therefore, we estimate that the majority of television broadcast 
stations are small entities. We note, however, that in assessing 
whether a business concern qualifies as small under the above 
definition, business (control) affiliations must be included. Our 
estimate, therefore, likely overstates the number of small entities 
that might be affected by our action because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies. In addition, an element of the definition of 
``small business'' is that the entity not be dominant in its field of 
operation. We are unable at this time to define or quantify the 
criteria that would establish whether a specific television station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply does not exclude any television 
station from the definition of a small business on this basis and is 
therefore possibly over-inclusive to that extent.
    Class A TV Stations. The same SBA definition that applies to 
television broadcast stations would apply to licensees of Class A 
television stations. As noted above, the SBA has created the following 
small business size standard for this category: Those having $38.5 
million or less in annual receipts. The Commission has estimated the 
number of licensed Class A television stations to be 418. Given the 
nature of these services, we will presume that these licensees qualify 
as small entities under the SBA definition.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The Bureau proposes that reassigned stations that are not eligible 
for reimbursement file the Transition Progress Report in Appendix A on 
a quarterly basis, beginning for the first full quarter after the 
release of a public notice announcing the completion of the incentive 
auction, as well as 10 weeks before their construction deadline, 10 
days after they complete construction of their post-auction facility, 
and five days after they cease broadcasting on their pre-auction 
channel. Once a station has ceased operating on its pre-auction 
channel, it would no longer need to file reports. We seek comment on 
the possible burdens the reporting requirement would place on small 
entities. Entities, especially small businesses, are encouraged to 
quantify, if possible, the costs and benefits of the proposed reporting 
requirement.

E. Steps Taken To Minimize Significant Impact on Small Entities and 
Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives (among others): (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standard; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    In general, alternatives to proposed rules or policies are 
discussed only when those rules pose a significant adverse economic 
impact on small entities. We believe the burdens of the proposed 
reporting requirement are minimal and, in any event, are outweighed by 
the potential benefits of allowing for monitoring of the post-auction 
transition. In particular, the intent is to allow the Commission, 
broadcasters, and other interested parties to more closely monitor that 
status of construction during the transition, and focus resources on 
ensuring successful completion of the transition by all reassigned 
stations and continuity of over-the-air television service. Although 
the proposal to require reassigned stations that are not eligible for 
reimbursement to file regular progress reports during the transition 
may impose additional burdens on these stations, we believe the 
benefits of the proposal (such as further facilitating the successful 
post-incentive auction transition) outweigh any burdens associated with 
compliance.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    None.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2017-02926 Filed 2-13-17; 8:45 am]
BILLING CODE 6712-01-P



                                                                        Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules                                         10559

                                                  will consider all comments and material                 continue encouraging this important                   other interested parties, and the public
                                                  received due on or before April 17,                     public discussion, we are adding an                   to monitor the construction of the
                                                  2017. Your comments can help shape                      additional 60 days to the comment                     stations that are not eligible for
                                                  the outcome of this possible rulemaking.                period.                                               reimbursement.
                                                  If you submit a comment, please include                                                                       DATES: Comments due on or before
                                                                                                          C. Information Requested
                                                  the docket number for this rulemaking,                                                                        March 1, 2017; and reply comments are
                                                  indicate the specific section of this                      Public participation is requested to               due on or before March 13, 2017.
                                                  document to which each comment                          assist in determining the best way
                                                                                                                                                                ADDRESSES: You may submit comments,
                                                  applies, indicate the specific question                 forward with respect to modifying the
                                                                                                                                                                identified by GN Docket No. 12–268 and
                                                  number to which each comment applies                    existing security zone surrounding the
                                                                                                                                                                MB Docket No. 16–306, by any of the
                                                  and provide a reason for each suggestion                Ellis Island Bridge. To aid us in
                                                                                                                                                                following methods:
                                                  or recommendation.                                      developing a possible proposed rule, we                  • Federal eRulemaking Portal: http://
                                                     We encourage you to submit                           seek any comments, whether positive or                www.regulations.gov. Follow the
                                                  comments through the Federal                            negative, including but not limited to,               instructions for submitting comments.
                                                  eRulemaking Portal at http://                           the impacts the existing security zone                   • Federal Communications
                                                  www.regulations.gov. If your material                   surrounding the Ellis Island Bridge has               Commission’s Web site: https://
                                                  cannot be submitted using http://                       on navigational safety.                               www.fcc.gov/. Electronic Filers:
                                                  www.regulations.gov, contact the person                    Please submit comments or concerns                 Comments may be filed electronically
                                                  in the FOR FURTHER INFORMATION                          you may have in accordance with the                   using the Internet by accessing the
                                                  CONTACT section of this document for                    ‘‘Public Participation and Request for                ECFS: https://www.fcc.gov/ecfs/.
                                                  alternate instructions.                                 Comments’’ section above.                                • Paper Filers: Filings can be sent by
                                                     We accept anonymous comments. All                       We are also seeking comments on the                hand or messenger delivery, by
                                                  comments received will be posted                        current vessel traffic and the types of               commercial overnight courier, or by
                                                  without change to http://                               vessels that transit in this area.                    first-class or overnight U.S. Postal
                                                  www.regulations.gov and will include                                                                          Service mail. All filings must be
                                                                                                            Dated: December 27, 2016.
                                                  any personal information you have                                                                             addressed to the Commission’s
                                                  provided. For more about privacy and                    M.H. Day,
                                                                                                          Captain, U.S. Coast Guard, Captain of the             Secretary, Office of the Secretary,
                                                  the docket, you may review a Privacy                                                                          Federal Communications Commission.
                                                  Act notice regarding the Federal Docket                 Port New York.
                                                                                                          [FR Doc. 2017–02934 Filed 2–13–17; 8:45 am]
                                                                                                                                                                All hand-delivered or messenger-
                                                  Management System in the March 24,
                                                                                                                                                                delivered paper filings for the
                                                  2005, issue of the Federal Register (70                 BILLING CODE 9110–04–P
                                                                                                                                                                Commission’s Secretary must be
                                                  FR 15086).
                                                     Documents mentioned in the ANPRM                                                                           delivered to FCC Headquarters at 445
                                                  as being available in the docket, and all                                                                     12th St. SW., Room TW–A325,
                                                                                                          FEDERAL COMMUNICATIONS                                Washington, DC 20554. The filing hours
                                                  public comments, will be in our online                  COMMISSION
                                                  docket at http://www.regulations.gov                                                                          are 8:00 a.m. to 7 p.m. All hand
                                                  and can be viewed by following that                     47 CFR Part 73                                        deliveries must be held together with
                                                  Web site’s instructions. Additionally, if                                                                     rubber bands or fasteners. Any
                                                  you go to the online docket and sign up                 [MB Docket No. 16–306, GN Docket No. 12–              envelopes and boxes must be disposed
                                                                                                          268; DA 17–34]                                        of before entering the building.
                                                  for email alerts, you will be notified
                                                  when comments are posted and if we                                                                            Commercial overnight mail (other than
                                                                                                          Media Bureau Seeks Comment on                         U.S. Postal Service Express Mail and
                                                  publish rulemaking documents related                    Requiring the Filing of Transition
                                                  to the ANPRM.                                                                                                 Priority Mail) must be sent to 9300 East
                                                                                                          Progress Reports by Stations That Are                 Hampton Drive, Capitol Heights, MD
                                                  B. Basis and Purpose                                    Not Eligible for Reimbursement From                   20743. U.S. Postal Service first-class,
                                                                                                          the TV Broadcast Relocation Fund                      Express, and Priority mail must be
                                                    The Coast Guard is responsible for
                                                  considering adjustments to improve                      AGENCY:  Federal Communications                       addressed to 445 12th Street SW.,
                                                  navigational and environmental safety                   Commission.                                           Washington, DC 20554.
                                                  of waterways, including those requested                                                                          People with Disabilities: Contact the
                                                                                                          ACTION: Proposed rule; request for
                                                  by groups of mariners. On November 3,                                                                         FCC to request reasonable
                                                                                                          comment.
                                                  2016, the Coast Guard published an                                                                            accommodations (accessible format
                                                  ANPRM in the Federal Register (81 FR                    SUMMARY:   In this document, the Federal              documents, sign language interpreters,
                                                  76545) entitled, ‘‘Safety and Security                  Communications Commission seeks                       CART, etc.) by email: FCC504@fcc.gov
                                                  Zone; New York Marine Inspection                        comment on a proposed Transition                      or phone: 202–418–0530 or TTY: 202–
                                                  Zone and Captain of the Port Zone.’’                    Progress Report (FCC Form 2100—                       418–0432.
                                                  With its publication, we initiated the                  Schedule 387 (Transition Progress                     FOR FURTHER INFORMATION CONTACT:
                                                  early stage of a methodical and public                  Report)) and proposed filing                          Joyce Bernstein, Joyce.Bernstein@
                                                  rulemaking process to learn all possible                requirements for periodic progress                    fcc.gov, (202) 418–1647.
                                                  navigational, environmental, terrestrial,               reports by full power and Class A                     SUPPLEMENTARY INFORMATION: In the
                                                  and other effects caused by a                           television stations that are not eligible to          Incentive Auction R&O, the Commission
                                                  modification of the security zone                       receive payment of relocation expenses                adopted rules and procedures for
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  around the Ellis Island Bridge. The                     from the TV Broadcast Relocation Fund                 conducting the broadcast television
                                                  ANPRM is a preliminary step, the goal                   in connection with their being assigned               incentive auction. See Expanding the
                                                  of which is to gather information that                  to a new channel through the Incentive                Economic and Innovation Opportunities
                                                  defines the multiple stakeholder                        Auction. The Commission tentatively                   of Spectrum Through Incentive
                                                  considerations we need to incorporate                   concludes that this mechanism is                      Auctions, GN Docket No. 12–268,
                                                  when considering a proposed rule for                    needed to help the Commission,                        Report and Order, 79 FR 48442, August
                                                  modification of the security zone                       broadcasters, those involved in                       15, 2014. The incentive auction is
                                                  around the Ellis Island Bridge. To                      construction of broadcast facilities,                 composed of a reverse auction in which


                                             VerDate Sep<11>2014   16:01 Feb 13, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\14FEP1.SGM   14FEP1


                                                  10560                 Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules

                                                  broadcasters offer to voluntarily                       (2) 10 days after they complete all work              (‘‘SBA’’). In addition, the Progress
                                                  relinquish some or all of their spectrum                related to construction of their post-                Report Form PN and IRFA (or
                                                  usage rights, and a forward auction of                  auction facilities; and (3) five days after           summaries thereof) will be published in
                                                  new, flexible-use licenses suitable for                 they cease broadcasting on their pre-                 the Federal Register.
                                                  providing mobile broadband services.                    auction channel. Once a station has                      The Regulatory Flexibility Act of
                                                  The reverse auction incorporates a                      filed Transition Progress Reports                     1980, as amended (‘‘RFA’’), requires that
                                                  repacking process to reorganize the                     certifying that it has completed all work             a regulatory flexibility analysis be
                                                  broadcast television bands so that the                  related to construction of its post-                  prepared for notice and comment rule
                                                  television stations that remain on the air              auction facilities and has ceased                     making proceedings, unless the agency
                                                  after the transition will occupy a smaller              operating on its pre-auction channel, it              certifies that ‘‘the rule will not, if
                                                  portion of the ultra-high frequency                     will no longer be required to file reports.           promulgated, have a significant
                                                  (UHF) band, thereby clearing contiguous                    Other stations that will be relocating             economic impact on a substantial
                                                  spectrum that will be repurposed as the                 to new channels are not eligible for                  number of small entities.’’ The RFA
                                                  600 MHz Band for flexible wireless use.                 reimbursement, including stations with                generally defines the term ‘‘small
                                                  After bidding concludes, the Media and                  a winning reverse auction bid to move                 entity’’ as having the same meaning as
                                                  Wireless Telecommunications Bureaus                     to the low or high very-high frequency                the terms ‘‘small business,’’ ‘‘small
                                                  will release the Closing and                            (VHF) band, stations requesting a waiver              organization,’’ and ‘‘small governmental
                                                  Reassignment Public Notice which,                       of the Commission’s service rules in lieu             jurisdiction.’’ In addition, the term
                                                  among other things, will announce the                   of reimbursement, and a small number                  ‘‘small business’’ has the same meaning
                                                  results of the repacking process and                    of Class A stations that may be                       as the term ‘‘small business concern’’
                                                  identify the channel reassignments of                   displaced as a result of repacking. This              under the Small Business Act. A ‘‘small
                                                  television channels. The Closing and                    document tentatively concludes that a                 business concern’’ is one which: (1) Is
                                                  Reassignment Public Notice will also                    similar mechanism is needed to help the               independently owned and operated; (2)
                                                  establish the beginning of the 39-month                 Commission, broadcasters, those                       is not dominant in its field of operation;
                                                  post-auction transition period                          involved in construction of broadcast                 and (3) satisfies any additional criteria
                                                  (transition period). By the end of the                  facilities, other interested parties, and             established by the Small Business
                                                  transition period, all stations reassigned              the public to monitor the construction                Administration (SBA).
                                                  to new channels must complete                           of the stations that are not eligible for
                                                                                                                                                                A. Need for, and Objectives of, the
                                                  construction of their post-auction                      reimbursement, and seeks comment on
                                                                                                                                                                Proposed Rule Changes
                                                  channel facilities, commence operation                  the Transition Progress Report as it
                                                                                                          relates to non-reimbursable stations,                   The Federal Communications
                                                  on their post-auction channel, cease                                                                          Commission (Commission) adopted a
                                                  operation on their pre-auction channel,                 including whether the same questions
                                                                                                          asked of reimbursable stations should be              39-month transition period during
                                                  and file a license application.                                                                               which television stations that are
                                                                                                          asked of non-reimbursable stations, or
                                                     Most stations that incur costs as a                  whether different filing intervals or                 assigned to new channels in the
                                                  result of being reassigned to new                       different filing requirements would be                incentive auction must construct their
                                                  channels will be eligible for                           advisable.                                            new facilities. The Commission
                                                  reimbursement from the Reimbursement                       Paperwork Reduction Act of 1995                    determined that reassigned television
                                                  Fund and the Commission determined                      Analysis: This document contains new                  stations that are eligible for
                                                  in the Incentive Auction R&O, that                      or modified information collection                    reimbursement from the TV Broadcast
                                                  reimbursable stations will be required,                 requirements. The Commission, as part                 Relocation Fund are required, on a
                                                  on a regular basis, to provide progress                 of its continuing effort to reduce                    regular basis, to provide progress reports
                                                  reports to the Commission showing how                   paperwork burdens, the general public                 to the Commission showing how the
                                                  the disbursed funds have been spent                     and the Office of Management and                      disbursed funds have been spent and
                                                  and what portion of their construction                  Budget (OMB) are invited to comment                   what portion of construction is
                                                  is complete. In this document the                       on the information collection                         complete. The Commission directed the
                                                  Bureau announces that each full power                   requirements contained in this                        Media Bureau (Bureau) to develop a
                                                  and Class A television station that is                  document as required by the Paperwork                 form for such progress reports and set
                                                  eligible for reimbursement of its                       Reduction Act of 1995, Public Law 104–                the filing deadlines for such reports.
                                                  relocation costs from the TV Broadcast                  13, see 44 U.S.C. 3507.                               The Progress Report Form PN describes
                                                  Relocation Fund established by the                         Initial Regulatory Flexibility Act                 the information that must be provided
                                                  Middle Class Tax Relief and Job                         Analysis: As required by the Regulatory               by these stations, and when and how
                                                  Creation Act of 2012 must periodically                  Flexibility Act of 1980, as amended                   the progress reports must be filed. The
                                                  file an FCC Form 2100—Schedule 387                      (‘‘RFA’’) the Commission has prepared                 Bureau proposes to require that
                                                  (Transition Progress Report) that is                    this Initial Regulatory Flexibility                   reassigned television stations that are
                                                  attached as Appendix A to the Public                    Analysis (‘‘IRFA’’) concerning the                    not eligible for reimbursement from the
                                                  Notice. The appendix is available at                    possible significant economic impact on               TV Broadcast Relocation Fund provide
                                                  https://apps.fcc.gov/edocs_public/                      small entities of the policies and rules              the same progress reports to the
                                                  attachmatch/DA-17-34A1.pdf.                             proposed in the this PN (Progress Report              Commission on the same schedule as
                                                  Reimbursable stations must file                         Form PN). Written public comments are                 that specified for stations eligible for
                                                  Transition Progress Reports using the                   requested on this IRFA. Comments must                 reimbursement. The Transition Progress
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                                                  Commission’s electronic filing system                   be identified as responses to the IRFA                Report in Appendix A requires
                                                  starting with first full calendar quarter               and must be filed by the deadlines for                reassigned stations to certify that certain
                                                  after completion of the Incentive                       comments provided on the first page of                steps toward construction of their post-
                                                  Auction and on a quarterly basis                        the Progress Report Form PN. The                      auction channel either have been
                                                  thereafter. In addition to these quarterly              Commission will send a copy of the                    completed or are not required, and to
                                                  reports, reimbursable stations must file                Progress Report Form PN, including this               identify potential problems which they
                                                  the reports: (1) 10 weeks before the end                IRFA, to the Chief Counsel for Advocacy               believe may make it difficult for them to
                                                  of their assigned construction deadline;                of the Small Business Administration                  meet their construction deadlines. The


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                                                                        Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Proposed Rules                                                10561

                                                  information in the progress reports will                or less, according to Commission staff                reports. We seek comment on the
                                                  be used by the Commission, stations,                    review of the BIA Kelsey Inc. Media                   possible burdens the reporting
                                                  and other interested parties to monitor                 Access Pro Television Database (BIA) on               requirement would place on small
                                                  the status of reassigned stations’                      July 2, 2014. In addition, the                        entities. Entities, especially small
                                                  construction during the 39-month                        Commission has estimated the number                   businesses, are encouraged to quantify,
                                                  transition period.                                      of licensed noncommercial educational                 if possible, the costs and benefits of the
                                                                                                          (NCE) television stations to be 395. NCE              proposed reporting requirement.
                                                  B. Legal Basis
                                                                                                          stations are non-profit, and therefore
                                                    The proposed action is authorized                                                                           E. Steps Taken To Minimize Significant
                                                                                                          considered to be small entities.
                                                  pursuant to sections 1, 4, 301, 303, 307,                                                                     Impact on Small Entities and
                                                                                                          Therefore, we estimate that the majority
                                                  308, 309, 310, 316, 319, and 403 of the                                                                       Significant Alternatives Considered
                                                                                                          of television broadcast stations are small
                                                  Communications Act of 1934, as                          entities. We note, however, that in                      The RFA requires an agency to
                                                  amended, 47 U.S.C. 151, 154, 301, 303,                  assessing whether a business concern                  describe any significant alternatives that
                                                  307, 308, 309, 310, 316, 319, and 403.                  qualifies as small under the above                    it has considered in reaching its
                                                  C. Description and Estimate of the                      definition, business (control) affiliations           proposed approach, which may include
                                                  Number of Small Entities to Which the                   must be included. Our estimate,                       the following four alternatives (among
                                                  Proposed Rules Will Apply                               therefore, likely overstates the number               others): (1) The establishment of
                                                                                                          of small entities that might be affected              differing compliance or reporting
                                                     The RFA directs agencies to provide                  by our action because the revenue figure              requirements or timetables that take into
                                                  a description of, and where feasible, an                on which it is based does not include or              account the resources available to small
                                                  estimate of the number of small entities                aggregate revenues from affiliated                    entities; (2) the clarification,
                                                  that may be affected by the proposed                    companies. In addition, an element of                 consolidation, or simplification of
                                                  rules, if adopted. The RFA generally                    the definition of ‘‘small business’’ is that          compliance or reporting requirements
                                                  defines the term ‘‘small entity’’ as                    the entity not be dominant in its field               under the rule for small entities; (3) the
                                                  having the same meaning as the terms                    of operation. We are unable at this time              use of performance, rather than design,
                                                  ‘‘small business,’’ ‘‘small organization,’’             to define or quantify the criteria that               standard; and (4) an exemption from
                                                  and ‘‘small governmental jurisdiction.’’                would establish whether a specific                    coverage of the rule, or any part thereof,
                                                  In addition, the term ‘‘small business’’                television station is dominant in its field           for small entities.
                                                  has the same meaning as the term                        of operation. Accordingly, the estimate                  In general, alternatives to proposed
                                                  ‘‘small business concern’’ under the                    of small businesses to which rules may                rules or policies are discussed only
                                                  Small Business Act. A small business                    apply does not exclude any television                 when those rules pose a significant
                                                  concern is one which: (1) Is                            station from the definition of a small                adverse economic impact on small
                                                  independently owned and operated; (2)                   business on this basis and is therefore               entities. We believe the burdens of the
                                                  is not dominant in its field of operation;              possibly over-inclusive to that extent.               proposed reporting requirement are
                                                  and (3) satisfies any additional criteria                  Class A TV Stations. The same SBA                  minimal and, in any event, are
                                                  established by the SBA. Below, we                       definition that applies to television                 outweighed by the potential benefits of
                                                  provide a description of such small                     broadcast stations would apply to                     allowing for monitoring of the post-
                                                  entities, as well as an estimate of the                 licensees of Class A television stations.             auction transition. In particular, the
                                                  number of such small entities, where                    As noted above, the SBA has created the               intent is to allow the Commission,
                                                  feasible.                                               following small business size standard                broadcasters, and other interested
                                                     Television Broadcasting. This                        for this category: Those having $38.5                 parties to more closely monitor that
                                                  economic census category ‘‘comprises                    million or less in annual receipts. The               status of construction during the
                                                  establishments primarily engaged in                     Commission has estimated the number                   transition, and focus resources on
                                                  broadcasting images together with                       of licensed Class A television stations to            ensuring successful completion of the
                                                  sound.’’ The SBA has created the                        be 418. Given the nature of these                     transition by all reassigned stations and
                                                  following small business size standard                  services, we will presume that these                  continuity of over-the-air television
                                                  for such businesses: Those having $38.5                 licensees qualify as small entities under             service. Although the proposal to
                                                  million or less in annual receipts. The                 the SBA definition.                                   require reassigned stations that are not
                                                  2007 U.S. Census indicates that 808                                                                           eligible for reimbursement to file regular
                                                  firms in this category operated in that                 D. Description of Projected Reporting,
                                                                                                          Recordkeeping, and Other Compliance                   progress reports during the transition
                                                  year. Of that number, 709 had annual                                                                          may impose additional burdens on these
                                                  receipts of $25,000,000 or less, and 99                 Requirements
                                                                                                                                                                stations, we believe the benefits of the
                                                  had annual receipts of more than                           The Bureau proposes that reassigned                proposal (such as further facilitating the
                                                  $25,000,000. Because the Census has no                  stations that are not eligible for                    successful post-incentive auction
                                                  additional classifications that could                   reimbursement file the Transition                     transition) outweigh any burdens
                                                  serve as a basis for determining the                    Progress Report in Appendix A on a                    associated with compliance.
                                                  number of stations whose receipts                       quarterly basis, beginning for the first
                                                  exceeded $38.5 million in that year, we                 full quarter after the release of a public            F. Federal Rules That May Duplicate,
                                                  conclude that the majority of television                notice announcing the completion of the               Overlap, or Conflict With the Proposed
                                                  broadcast stations were small under the                 incentive auction, as well as 10 weeks                Rule
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                                                  applicable SBA size standard.                           before their construction deadline, 10                   None.
                                                     Apart from the U.S. Census, the                      days after they complete construction of
                                                  Commission has estimated the number                     their post-auction facility, and five days            Federal Communications Commission.
                                                  of licensed commercial television                       after they cease broadcasting on their                Thomas Horan,
                                                  stations to be 1,386 stations. Of this                  pre-auction channel. Once a station has               Chief of Staff, Media Bureau.
                                                  total, 1,221 stations (or about 88                      ceased operating on its pre-auction                   [FR Doc. 2017–02926 Filed 2–13–17; 8:45 am]
                                                  percent) had revenues of $38.5 million                  channel, it would no longer need to file              BILLING CODE 6712–01–P




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Document Created: 2017-02-13 23:40:19
Document Modified: 2017-02-13 23:40:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comment.
DatesComments due on or before March 1, 2017; and reply comments are due on or before March 13, 2017.
ContactJoyce Bernstein, [email protected], (202) 418-1647.
FR Citation82 FR 10559 

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