82_FR_11441 82 FR 11406 - Expansion of Revisions to Public Inspection File Requirements-Broadcaster Correspondence File and Cable Principal Headend Location

82 FR 11406 - Expansion of Revisions to Public Inspection File Requirements-Broadcaster Correspondence File and Cable Principal Headend Location

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 35 (February 23, 2017)

Page Range11406-11412
FR Document2017-03465

In this document, the Federal Communications Commission (Commission) eliminates two public inspection file requirements: The requirement that commercial broadcast stations retain in their public inspection file copies of letters and emails from the public; and the requirement that cable operators maintain for public inspection the designation and location of the cable system's principal headend. Our actions will reduce regulatory burdens on commercial broadcasters and cable operators, advance regulatory parity with respect to our public file requirements among various program distributors, and improve security at local stations and principal headend locations.

Federal Register, Volume 82 Issue 35 (Thursday, February 23, 2017)
[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Rules and Regulations]
[Pages 11406-11412]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03465]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 76

[MB Docket No. 16-161; FCC 17-3]


Expansion of Revisions to Public Inspection File Requirements--
Broadcaster Correspondence File and Cable Principal Headend Location

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) eliminates two public inspection file requirements: The 
requirement that commercial broadcast stations retain in their public 
inspection file copies of letters and emails from the public; and the 
requirement that cable operators maintain for public inspection the 
designation and location of the cable system's principal headend. Our 
actions will reduce regulatory burdens on commercial broadcasters and 
cable operators, advance regulatory parity with respect to our public 
file requirements among various program distributors, and improve 
security at local stations and principal headend locations.

DATES: Effective February 23, 2017, except for the amendments to 
Sec. Sec.  73.3526, 76.5, 76.1700, and 76.1708, which contain 
information collection requirements that have not been approved by OMB. 
The Commission will publish a document in the Federal Register 
announcing the effective date of those amendments.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Media Bureau, Policy 
Division, 202-418-2154, or email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 17-3, adopted on January 31, 2017 and released on 
January 31, 2017. The full text of this document is available for 
public inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th Street 
SW., Room CY-A257, Washington, DC 20554. This document will also be 
available via ECFS at http://fjallfoss.fcc.gov/ecfs/. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat. Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Paperwork Reduction Act of 1995 Analysis

    The Report and Order contains new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA). The requirements will be submitted to the Office of Management 
and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies will be invited to comment 
on the new or modified information collection requirements contained in 
this proceeding. In addition, we note that pursuant to the Small 
Business Paperwork Relief Act of 2002, we previously sought specific 
comment on how the Commission might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.

Summary

I. Introduction

    1. In the Report and Order, we eliminate two public inspection file 
requirements: (i) The requirement that commercial broadcast stations 
retain in their public inspection file copies of letters and emails 
from the public; and (ii) the requirement that cable operators maintain 
for public inspection the designation and location of the cable 
system's principal headend. Because of potential privacy concerns 
associated with putting the correspondence file online and because many 
cable operators prefer not to post online the location of their 
principal headend for security reasons, removing these requirements 
will enable commercial broadcasters and cable operators to make their 
entire public inspection file available online without these privacy 
and security concerns and eliminate the need to maintain a local public 
file.
    2. Principal headend location information must be accessible to the 
Commission, however, to enable it to enforce its signal leakage rules 
and to respond to must-carry and signal leakage complaints. In 
addition, broadcast television stations must have access to this 
information in order to exercise their must-carry rights and 
franchisors may need it in connection with their oversight of local 
cable systems and operations. Accordingly, we will require cable 
systems to provide principal headend location information to these 
entities upon request. In lieu of responding to individual requests for 
such information, operators may alternatively elect voluntarily to 
provide this information to the Commission for inclusion in the 
Commission's online public inspection file (``OPIF'') database and may 
elect to make the information publicly available there.
    3. Eliminating the correspondence file and principal headend public 
file requirements will reduce regulatory burdens on commercial 
broadcasters and cable operators. By permitting these entities to cease 
maintaining a local public file, our actions will also advance

[[Page 11407]]

regulatory parity with respect to our public file requirements among 
various program distributors and improve security at local stations and 
principal headend locations.

II. Background

A. Correspondence File

    4. Section 73.3526(e)(9) of the Commission's rules provides that 
commercial broadcast stations must retain in their public inspection 
file ``[a]ll written comments and suggestions received from the public 
regarding operation of the station unless the letter writer has 
requested that the letter not be made public or the licensee believes 
the letter should be excluded from public inspection because of the 
nature of its content,'' such as a situation in which a letter contains 
content that is defamatory or obscene. The rule expressly includes 
email messages transmitted to station management or to an email address 
publicized by the station.
    5. As discussed in the Notice of Proposed Rulemaking in this 
proceeding, Revisions to Public Inspection File Requirements--
Broadcaster Correspondence File and Cable Principal Headend Location, 
Notice of Proposed Rulemaking, 81 FR 40617, June 22, 2016 (NPRM), the 
Commission first required commercial radio and television broadcasters 
to retain written comments and suggestions from the public and make 
them available for public inspection in 1973. The original 
correspondence file rule was adopted together with a requirement that 
commercial broadcast stations air regular announcements ``informing the 
public of the licensee's obligation to the public and of the 
appropriate method for individuals to express their opinions of the 
station's operation.'' The purpose of the correspondence file was ``to 
permit a member of the public to better determine the nature of 
community feedback being received by the licensees and the extent to 
which his or her opinions regarding community problems and needs and/or 
the licensee's station operation might be shared by other members of 
the community.'' The Commission later removed the requirement that 
licensees air announcements regarding their obligations to the public, 
noting that section 73.3580 of the rules requires that both commercial 
and noncommercial stations make announcements in connection with the 
filing of their license renewal applications and concluding that these 
renewal application announcements were sufficient to inform the public 
of the ``Commission's oversight functions and the availability of 
public recourse.'' The Commission, however, retained the requirement 
that licensees keep all written comments and suggestions received from 
the public in their public inspection files.
    6. The correspondence file requirement applies only to commercial 
broadcasters; there is no similar requirement for noncommercial 
broadcasters. There is also no correspondence file requirement for 
cable operators, DBS providers, or satellite radio licensees, all of 
which have other public inspection file obligations.

B. Principal Headend Location

    7. Section 76.1708 of the Commission's rules requires operators of 
all cable television systems to ``maintain for public inspection the 
designation and location of [the system's] principal headend. If an 
operator changes the designation of its principal headend, that new 
designation must also be included in its public file.'' The Commission 
first adopted the principal headend public file requirement in a 1993 
order implementing the must-carry and retransmission consent provisions 
of the Cable Television Consumer Protection and Competition Act of 
1992. Implementation of the Cable Television Consumer Protection and 
Competition Act of 1992, Broadcast Signal Carriage Issues, Report and 
Order, 58 FR 17350, April 2,1993 (``Must-Carry Order''). Under the 
Cable Act, commercial television stations must deliver a good quality 
signal to a cable system's ``principal headend'' in order to be 
eligible for must-carry rights on that system. The Cable Act's 
provisions regarding eligibility for must-carry rights for 
noncommercial and low power television stations also refer to a cable 
system's ``principal headend.'' In the Must-Carry Order, the Commission 
required cable systems to retain various records relating to must-carry 
obligations in their public file, including, as noted above, the 
designation and location of the system's principal headend.

C. Online Public Inspection File

    8. In 2012, the Commission adopted online public inspection file 
rules for television broadcasters that required them to post public 
file documents to a central, FCC-hosted online database rather than 
maintaining files locally at their main studios. See Television Online 
Public File Order, 77 FR 27631, May 11, 2012. However, in the 
Television Online Public File Order, the Commission determined that 
letters and emails from the public should not be uploaded to the online 
file, but should instead continue to be maintained at the station's 
main studio. The Commission concluded that including letters and emails 
from the public in the online file could risk exposing personally 
identifiable information and that requiring stations to redact such 
information prior to uploading these documents would be overly 
burdensome.
    9. In January 2016, the Commission adopted the Expanded Online 
Public File Order, 81 FR 10105, February 29, 2016, in which it added 
cable operators, DBS providers, broadcast radio licensees, and 
satellite radio licensees to the list of entities required to post 
their public inspection files to the FCC-hosted online database. With 
respect to commercial radio licensees, the Commission concluded, 
consistent with the decision reached in the Television Online Public 
File Order, that it would exempt letters and emails from the public 
from the requirement to file online and instead require stations to 
continue to retain such material in their local public file. The 
Commission also concluded that it would not require cable operators to 
include principal headend location information in the online public 
file and gave operators the option instead to continue to retain this 
information in their local public file.
    10. The Commission determined in the Expanded Online Public File 
Order that entities that upload all public file material to the 
Commission's online database and that also provide online access to 
back-up political file documents via the entity's own Web site when the 
Commission's online database is temporarily unavailable will not be 
required to maintain a local public file. The Commission noted, 
however, that this option is not available to commercial broadcast 
licensees, which must continue to retain a correspondence file that 
cannot be made available online for privacy reasons. In the NPRM, the 
Commission tentatively concluded that it should eliminate the 
correspondence file requirement. As requested by NCTA, we also proposed 
in the NPRM to eliminate the requirement that cable operators retain 
information regarding the location of their principal headend in the 
public inspection file. We noted that the general public has no 
interest in this information and that eliminating this public file 
requirement would permit operators who feel the need to avoid posting 
this information online for security reasons to cease retaining this

[[Page 11408]]

information locally and to transition to a fully online public 
inspection file.

III. Discussion

A. Correspondence File

    11. As we proposed in the NPRM, we eliminate the requirement that 
commercial broadcast stations retain letters and emails from the public 
in their public inspection files. We agree with those commenters who 
argue that retention of letters and emails is not necessary to ensure 
that broadcasters comply with their public interest obligation to air 
programming that is responsive to the needs and interests of their 
community of license. Viewers and listeners can continue to communicate 
directly with stations by letter, email, social media, telephone, or 
other means; the only change is that stations will no longer be 
required to retain letters and emails and make them publicly available 
in their local public file.
    12. We agree with the Broadcaster Coalition that stations are 
likely to continue to respond to concerns raised by consumers even 
though they are no longer required to retain all written communications 
for public inspection. Stations have an economic incentive to be 
responsive to their consumers. The Broadcaster Coalition notes that, as 
they have with letters and emails from the public, stations now monitor 
their social media accounts to understand viewers' reactions to stories 
and obtain feedback about the operation of the station. We also agree 
with those commenters who note that the volume of commentary on social 
media sites about a station's performance is likely to far exceed the 
number of letters and emails a station receives. Unlike the 
correspondence file, these Internet postings are readily available 
online where they can be viewed by interested parties.
    13. Our action today will have little, if any, impact on the 
Commission's role in reviewing licensee performance. As we stated in 
the NPRM, the Commission's scrutiny of most licensee conduct occurs in 
conjunction with consideration of a station's license renewal 
application. Interested listeners and viewers may file petitions or 
objections concerning licensee performance at the time the station 
files its renewal application. Licensees are required to air 
announcements notifying their viewers and listeners that they have the 
opportunity to provide feedback during the Commission's review of the 
license renewal application. Petitions and objections filed in 
connection with a license renewal application are accessible by the 
public in the Commission's Consolidated Database System (CDBS). 
Interested parties may also file formal and informal complaints at any 
time during a station's license period. The Commission maintains a 
public Web site that permits consumers to file informal complaints 
directly with the Commission.
    14. While we recognize that some consumers may not have Internet 
access at home, lack access to broadband, or lack digital media skills, 
we disagree with those commenters who argue that these concerns warrant 
requiring commercial broadcasters to continue to maintain a 
correspondence file. The record suggests that few consumers seek access 
to the correspondence file. Consumers can continue to communicate 
directly with stations by letter or telephone and those without 
Internet access at home may also be able to access the online public 
file from locations, such as public libraries, that provide Internet 
access to the public. In addition, consumers who are unable to access 
or navigate the Commission's Web site can file an informal objection to 
a renewal application by mail. Consumers can also contact the 
Commission toll-free by telephone to file an informal complaint against 
a station.
    15. Eliminating the correspondence file requirement will have the 
added benefit of permitting commercial broadcasters to transition to an 
entirely online public file and cease maintaining a local public file. 
This change will reduce regulatory burdens on commercial broadcasters 
and allow them to realize the cost savings and other efficiencies of an 
entirely online file. Eliminating the correspondence file will also 
advance regulatory parity by providing commercial broadcasters with the 
same opportunity as other entities with online file requirements to 
provide online access to all public file materials, and will permit 
commercial licensees concerned about security to limit public access to 
a station's facilities.
    16. We note that the Telecommunications Act of 1996 requires 
television licensees to include in their license renewal application 
``a summary of written comments and suggestions'' that are both 
``received from the public,'' and ``maintained by the licensee (in 
accordance with Commission regulations),'' and that ``comment on the 
applicant's programming, if any, and that are characterized by the 
commenter as constituting violent programming.'' See 47 U.S.C. 308(d). 
The Commission determined in the 1999 Main Studio and Public File 
Order, 64 FR 35941, July 2, 1999, that noncommercial broadcasters are 
not subject to this requirement because section 308(d) requires 
licensees to summarize correspondence maintained by licensees ``in 
accordance with Commission regulations'' and ``noncommercial 
educational licensees are not required to maintain these letters under 
our rules.'' It follows from this determination that because commercial 
TV licensees will no longer be required to maintain correspondence 
under our rules, under the terms of section 308(d) they also will not 
be required to file a summary of correspondence received regarding 
violent programming with their renewal application. Our extension of 
our 1999 determination moots the Broadcaster Coalition request that the 
Commission clarify that such communications may be retained in a non-
public file and that the retention period for such communications is 
three years, consistent with the correspondence file retention period 
requirement, rather than the eight-year license term. The Commission's 
license renewal application, FCC Form 303-S, directs commercial TV and 
Class A TV applicants to submit a summary of written communications 
received from the public regarding violent programming. We delegate 
authority to the Media Bureau to revise this form and instructions 
consistent with our decision to eliminate the correspondence file 
requirement.
    17. The rule changes we are adopting herein must be approved by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
(PRA). The Media Bureau will issue a Public Notice announcing such 
approval and the effective date of the rules. Commercial broadcasters 
must continue to retain a correspondence file locally and make it 
available for public inspection until the effective date of the new 
rules.

B. Principal Headend Location

    18. As we proposed in the NPRM, we also eliminate the requirement 
that cable operators retain information about the designation and 
location of the system's principal headend in the public inspection 
file. No commenter opposed this proposal. All commenters who addressed 
the issue agreed with our conclusion in the NPRM that the general 
public has no need for or interest in this information.
    19. While the general public has no need for information about the 
location of a cable system's principal headend, that information must 
be accessible to the Commission as needed to permit enforcement of 
cable carriage and signal leakage requirements and to avoid

[[Page 11409]]

interference to and from cable headends. For example, the Commission 
must know the location of the principal headend to conduct tests to 
determine compliance with signal leakage requirements. In addition, the 
Commission must know the location of a principal headend in order to 
ensure that the facilities are not causing interference to, or 
receiving interference from, other communications facilities. The 
Commission currently does not maintain principal headend location 
information for most cable systems. Broadcast television stations also 
must have access to principal headend location information to determine 
cable carriage rights.
    20. To ensure that the Commission has access to principal headend 
location information, we will require that all cable systems provide it 
to us promptly upon request made by phone, email, or other means. 
Systems must also provide this information upon request to broadcast 
television stations and franchisors. In lieu of responding to 
individual requests for principal headend location information, systems 
may alternatively elect voluntarily to input this information into OPIF 
or provide it to the Commission by mail or email to be included in that 
database. Systems that elect to provide this information in OPIF may 
choose to make it accessible only to the Commission or also make it 
publicly available. Inputting headend information into OPIF will be a 
simple task and, for cable operators that choose this option, will 
obviate responding to inquiries about their headend location from 
Commission staff. In addition, systems that input the information 
directly into OPIF can elect to make it immediately available to the 
public and thereby also eliminate the necessity of providing 
information in response to other requests for principal headend 
location information.
    21. Systems that elect not to provide principal headend information 
in OPIF, or that elect to protect this information from public view, 
will be required to make it available to broadcast television stations 
and local franchisors upon request. If a request is submitted to a 
cable system from a broadcaster or local franchisor in writing by 
certified mail, cable systems must respond in writing by certified mail 
within 15 calendar days. Cable systems may in addition elect to respond 
to requests from these entities submitted by telephone or email, but 
must respond in writing by certified mail if requested to do so by the 
station or franchisor. Systems that choose to provide principal headend 
information to the FCC by email or mail, and that state that it can be 
made public in OPIF, must provide it to stations upon request until 
their information appears in the OPIF database.
    22. After the rules adopted in this order are approved by the 
Office of Management and Budget (OMB), the Media Bureau will issue a 
Public Notice (PN) announcing the effective date of the rules. The 
Media Bureau will provide in the PN instructions on how to access and 
use the OPIF database, addresses to be used to send the information 
directly to the Commission, and the telephone number for technical 
assistance with OPIF.
    23. The actions we take today will reduce burdens for cable system 
operators, particularly those with security concerns about posting 
principal headend location information online. By eliminating the 
principal headend public file requirement, we enable these systems to 
transition to a fully online public file and benefit from the long-term 
cost-savings and other efficiencies associated with an online file. 
While these systems must provide principal headend information to the 
Commission, broadcasters, and franchisors upon request, this 
requirement is minimal and should not be onerous. Commenters report 
that systems receive very few, if any, requests for this information. 
Any burden from these new requirements is more than offset by the 
benefit of no longer being required to maintain a local public file to 
retain principal headend location information. Moreover, cable systems 
that elect voluntarily to provide principal headend location 
information to the Commission to be maintained in OPIF, and that elect 
to make this information publicly available, can direct anyone 
requesting principal headend location information to that database in 
lieu of responding to individual requests.
    24. We disagree with ACA that small cable systems should have the 
option to retain principal headend location locally and provide it to 
the Commission, television stations, and franchisors on request made in 
person at their facilities. Requiring entities to make an in-person 
visit to the system to obtain this information, should that be 
necessary, would be unduly burdensome, particularly as there are other 
simple, essentially costless means for the system to provide the 
information to entities that need it. Moreover, as the Commission 
currently does not have information regarding the address of the 
principal headend or local business office for many small systems, 
Commission staff often would not know where to go in person to request 
principal headend location information.

IV. Procedural Matters

A. Final Regulatory Flexibility Act Analysis

    25. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM in 
MB Docket 16-161. The Commission sought written public comment on the 
proposals in the NPRM, including comment on the IRFA. We received no 
comments specifically directed toward the IRFA. This Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.
1. Need for, and Objectives of, Report and Order
    26. The Report and Order eliminates two public inspection file 
requirements--the requirement that commercial broadcast stations retain 
in their public inspection file copies of letters and emails from the 
public (referred to as the ``correspondence file'') and the requirement 
that cable operators maintain for public inspection the designation and 
location of the cable system's principal headend. We conclude that 
these two components of our public inspection file rules involve 
documents or information that do not need to be made available to the 
general public and that eliminating these rules will reduce the burden 
of maintaining the public inspection file on commercial broadcasters 
and cable operators. Our action today will also permit commercial 
television and radio broadcasters and cable operators to cease 
maintaining a local public inspection file if they post all public file 
material to the online public file database and provide online access 
via their own Web site to back-up political file material. The 
Commission previously adopted this option for other entities subject to 
our online public inspection file requirements. Because the 
correspondence file cannot be made available online for privacy reasons 
and because many cable operators prefer not to post the location of 
their principal headend online for security reasons, removing these 
requirements will permit commercial broadcasters and cable operators to 
elect to make their entire public inspection file available online and 
cease maintaining a local public file, thereby further reducing overall 
regulatory burdens on these entities. The Report and Order also 
delegates to the Media Bureau the authority to revise FCC Form 303-S to 
reflect the fact that, consistent with the

[[Page 11410]]

language of 47 U.S.C. 308(d), commercial TV and Class A TV licensees 
will no longer be required to submit with their renewal applications a 
summary of written communications received from the public regarding 
violent programming.
2. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    27. No comments were filed in response to the IRFA.
3. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply
    28. 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.
    29. 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 2012 U.S. Census indicates that 751 firms in 
this category operated in that year. Of that number, 656 had annual 
receipts of $25,000,000 or less. 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.
    30. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial television stations to be 1,387 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 Class 
A television stations to be 417. Given the nature of these services, we 
will presume that these licensees qualify as small entities under the 
SBA definition. Based on these data, we estimate that the majority of 
television broadcast stations are small entities.
    31. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. Because we do not include or aggregate 
revenues from affiliated companies in determining whether an entity 
meets the revenue threshold noted above, our estimate of the number of 
small entities affected is likely overstated. In addition, we note that 
one element of the definition of ``small business'' is that an 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 broadcast station is dominant in its field of 
operation. Accordingly, our estimate of small television stations 
potentially affected by the proposed rules includes those that could be 
dominant in their field of operation. For this reason, such estimate 
likely is over-inclusive.
    32. Radio Broadcasting. The SBA defines a radio broadcast station 
as a small business if such station has no more than $38.5 million in 
annual receipts. Business concerns included in this industry are those 
``primarily engaged in broadcasting aural programs by radio to the 
public.'' According to review of the BIA Publications, Inc. Master 
Access Radio Analyzer Database as of November 26, 2013, about 11,331 
(or about 99.9 percent) of the then number of commercial radio stations 
(11,341) have revenues of $35.5 million or less and thus qualify as 
small entities under the SBA definition. The Commission has estimated 
the number of licensed commercial radio stations to be 11,408. We note 
that in assessing whether a business entity qualifies as small under 
the above definition, business control affiliations must be included. 
This estimate, therefore, likely overstates the number of small 
entities that might be affected, because the revenue figure on which it 
is based does not include or aggregate revenues from affiliated 
companies.
    33. As noted above, an element of the definition of ``small 
business'' is that the entity not be dominant in its field of 
operation. The Commission is unable at this time to define or quantify 
the criteria that would establish whether a specific radio station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply does not exclude any radio station 
from the definition of a small business on this basis and therefore may 
be over-inclusive to that extent. Also, as noted, an additional element 
of the definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria in the context of media 
entities and the estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    34. Cable Companies and Systems. The Commission has developed its 
own small business size standards for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small cable company'' is 
one serving 400,000 or fewer subscribers nationwide. Industry data 
shows that there are currently 660 cable operators. Of this total, all 
but ten cable operators nationwide are small under this size standard. 
In addition, under the Commission's rate regulation rules, a ``small 
system'' is a cable system serving 15,000 or fewer subscribers. Current 
Commission records show 4,421 cable systems nationwide. Of this total, 
3,936 cable systems have less than 20,000 subscribers, and 485 systems 
have 20,000 or more subscribers, based on the same records. Thus, under 
this standard, we estimate that most cable systems are small entities.
    35. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a size standard 
for small cable system operators, which is ``a cable operator that, 
directly or through an affiliate, serves in the aggregate fewer than 1 
percent of all subscribers in the United States and is not affiliated 
with any entity or entities whose gross annual revenues in the 
aggregate exceed $250,000,000.'' There are approximately 53 million 
cable video subscribers in the United States today. Accordingly, an 
operator serving fewer than 540,000 subscribers shall be deemed a small 
operator if its annual revenues, when combined with the total annual 
revenues of all its affiliates, do not exceed $250 million in the 
aggregate. Based on available data, we find that all but ten incumbent 
cable operators are small entities under this size standard. We note 
that the Commission neither requests nor collects information on 
whether cable system operators are affiliated with entities whose gross 
annual revenues exceed $250 million. Although it seems certain that 
some of these cable system operators are affiliated with entities whose 
gross annual revenues exceed $250,000,000,

[[Page 11411]]

we are unable at this time to estimate with greater precision the 
number of cable system operators that would qualify as small cable 
operators under the definition in the Communications Act.
4. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    36. The rule changes adopted in the Report and Order will reduce 
reporting, recordkeeping, and other compliance requirements for 
commercial broadcast stations which, prior to our action today, were 
required to retain letters and emails from the public in their local 
public inspection file. The Report and Order eliminates this 
requirement, thereby reducing recordkeeping burdens on these entities. 
In addition, eliminating the correspondence file requirement will 
permit commercial radio and television stations to fully transition to 
an online public file and cease maintaining a local public file, 
allowing them to realize the long-term cost savings associated with the 
online public file. The elimination of the requirement that commercial 
television and Class A licensees include in their license renewal 
applications a summary of communications received from the public 
regarding violent programming will also reduce regulatory burdens on 
these licensees.
    37. The actions we take today will also reduce burdens for cable 
system operators, particularly those with security concerns about 
posting principal headend location information online. By eliminating 
the principal headend public file requirement, we enable these systems 
to transition to a fully online public file and benefit from the long-
term cost-savings and other efficiencies associated with an online 
file. While these systems must provide principal headend information to 
the Commission, broadcasters, and franchisors upon request, this 
requirement is minimal and should not be onerous. Commenters report 
that systems receive very few, if any, requests for this information. 
Any burden from these new requirements is more than offset by the 
benefit of no longer being required to maintain a local public file to 
retain principal headend location information. Moreover, cable systems 
that elect voluntarily to provide principal headend location 
information to the Commission to be maintained in OPIF, and that elect 
to make this information publicly available, can direct those 
requesting principal headend location information to that database in 
lieu of responding to individual requests.
5. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    38. 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, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    39. Alternative options discussed in the NPRM included requiring 
cable systems to file a form with the FCC to provide principal headend 
information. Requiring systems to instead provide this information upon 
request is less burdensome than a requirement to file a form. While ACA 
urged the FCC to simply permit small cable systems to retain principal 
headend information locally and provide it upon request to entities who 
ask for it in person, requiring entities to make an in-person visit to 
the system to obtain this information would be overly burdensome, 
particularly as there are other simple, essentially costless means for 
the system to provide the information to entities that need it. 
Moreover, as the FCC currently does not have information regarding the 
address of the principal headend or local business office for many of 
small systems, it would not know where to go to request principal 
headend location information. Overall, we believe that the Report and 
Order appropriately balances the interests of the public against the 
interests of the entities who will be subject to the rules, including 
those that are smaller entities.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule
    40. None.

B. Paperwork Reduction Act Analysis

    41. This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the new or modified information collection requirements contained in 
this proceeding. In addition, we note that pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we previously sought specific comment on how the 
Commission might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.

C. Congressional Review Act

    42. The Commission will send a copy of the Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act.

V. Ordering Clauses

    43. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 4(i), 4(j), 303(r), 614, and 615 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 
303(r), 614, and 615, the Report and Order is hereby adopted.
    44. It is further ordered that parts 73 and 76 of the Commission's 
rules, 47 CFR part 73, 76, are amended as set forth in Appendix B of 
the Report and Order. Such rule amendments contain new or modified 
information collection requirements that require approval by the Office 
of Management and Budget (OMB) under the Paperwork Reduction Act (PRA), 
and shall become effective after publication in the Federal Register of 
a notice announcing such approval and the relevant effective date.
    45. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Report and Order including the Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    46. It is further ordered that the Commission shall send a copy of 
the Report and Order in a report to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 73

    Radio, Recording and recordkeeping requirements, Television.

47 CFR Part 76

    Cable television, Reporting and recordkeeping requirements.


[[Page 11412]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 73 and 76 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47.U.S.C. 154, 303, 307, and 554.


Sec.  73.1202   [Removed and Reserved].

0
2. Section 73.1202 is removed and reserved.

0
3. Section 73.3526 is amended by revising paragraphs (b)(1) and 
(b)(2)(i) and removing and reserving paragraph (e)(9),
    The revisions read as follows:


Sec.  73.3526   Local public inspection file of commercial stations.

* * * * *
    (b) * * *
    (1) For radio licensees temporarily exempt from the online public 
file hosted by the Commission, as discussed in paragraph (b)(2) of this 
section, a hard copy of the public inspection file shall be maintained 
at the main studio of the station, unless the licensee elects 
voluntarily to place the file online as discussed in paragraph (b)(2) 
of this section. An applicant for a new station or change of community 
shall maintain its file at an accessible place in the proposed 
community of license or at its proposed main studio.
    (2)(i) A television station licensee or applicant, and any radio 
station licensee or applicant not temporarily exempt as described in 
this paragraph, shall place the contents required by paragraph (e) of 
this section of its public inspection file in the online public file 
hosted by the Commission, with the exception of the political file as 
required by paragraph (e)(6) of this section, as discussed in paragraph 
(b)(3) of this section. Any radio station not in the top 50 Nielsen 
Audio markets, and any radio station with fewer than five full-time 
employees, shall continue to retain the public inspection file at the 
station in the manner discussed in paragraph (b)(1) of this section 
until March 1, 2018. However, any radio station that is not required to 
place its public inspection file in the online public file hosted by 
the Commission before March 1, 2018 may choose to do so, instead of 
retaining the public inspection file at the station in the manner 
discussed in paragraph (b)(1) of this section.
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELVISION SERVICE

0
4. The authority citation for part 76 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 
522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 
552, 554, 556, 558, 560, 561, 571, 572, 573.


0
5. Section 76.5 is amended by revising paragraph (pp)(2) to read as 
follows:


Sec.  76.5   Definitions.

* * * * *
    (pp) * * *
    (2) In the case of a cable system with more than one headend, the 
principal headend designated by the cable operator, except that such 
designation shall not undermine or evade the requirements of subpart D 
of this part. Each cable system must provide information regarding the 
designation and location of the principal headend to the Commission 
promptly upon request. Except for good cause, an operator may not 
change its choice of principal headend. Cable systems may elect 
voluntarily to provide the location of the principal headend in the 
Commission's online public inspection file database and may choose 
whether to make this information accessible only by the Commission or 
to also make it publicly available. Systems that elect not to provide 
this information in the online file, or to protect this information in 
the online file from public view, must make it available to broadcast 
television stations and local franchisors upon request. If a request is 
submitted by a television station or franchisor in writing by certified 
mail, cable systems must respond in writing by certified mail within 15 
calendar days. Cable systems may in addition elect to respond to 
requests from these entities submitted by telephone or email, but must 
respond in writing by certified mail if requested to do so by the 
station or franchisor.
* * * * *

0
6. Section 76.1700 is amended by revising paragraph (a) introductory 
text, removing paragraph (a)(6), and redesignating (a)(7) through (10) 
as (a)(6) through (9), respectively.
    The revision reads as follows:


Sec.  76.1700  Records to be maintained by cable system operators.

    (a) Public inspection file. The following records must be placed in 
the online public file hosted by the Commission, except as indicated in 
paragraph (d) of this section and except that the records listed in 
paragraph (a)(1) of this section (political file) that are in existence 
30 days after the effective date of this provision, if not placed in 
the online file, shall continue to be retained at the system and made 
available to the public in the manner discussed in paragraph (e) of 
this section until the end of the retention period. In addition, any 
cable system with fewer than 5,000 subscribers shall continue to retain 
the political file at the system in the manner discussed in paragraph 
(e) of this section until March 1, 2018. For these systems, effective 
March 1, 2018, any new political file material shall be placed in the 
online file hosted by the Commission, while the material in the 
political file as of March 1, 2018, if not placed in the Commission's 
online public file, shall continue to be retained at the system in the 
manner discussed in paragraph (e) of this section until the end of its 
retention period. However, any system that is not required to place its 
political file in the Commission's online public file before March 1, 
2018 may choose to do so, instead of retaining the political file at 
the system in the manner discussed in paragraph (e) of this section.
* * * * *


Sec.  76.1708   [Removed and Reserved].

0
7. Section 76.1708 is removed and reserved.

[FR Doc. 2017-03465 Filed 2-22-17; 8:45 am]
BILLING CODE 6712-01-P



                                             11406            Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations

                                             Regulatory Review Information                           ACTION:   Final rule.                                 of the PRA. OMB, the general public,
                                               This rule is not a significant                                                                              and other Federal agencies will be
                                                                                                     SUMMARY:    In this document, the Federal             invited to comment on the new or
                                             regulatory action for the purposes of                   Communications Commission
                                             E.O. 12866 and has been reviewed by                                                                           modified information collection
                                                                                                     (Commission) eliminates two public                    requirements contained in this
                                             the Office of Management and Budget                     inspection file requirements: The
                                             (OMB). It is also not a major rule as                                                                         proceeding. In addition, we note that
                                                                                                     requirement that commercial broadcast                 pursuant to the Small Business
                                             defined in 5 U.S.C. Chapter 8,                          stations retain in their public inspection
                                             Congressional Review of Agency                                                                                Paperwork Relief Act of 2002, we
                                                                                                     file copies of letters and emails from the            previously sought specific comment on
                                             Rulemaking. As required by the                          public; and the requirement that cable
                                             Regulatory Flexibility Act, we certify                                                                        how the Commission might further
                                                                                                     operators maintain for public inspection              reduce the information collection
                                             that this rule will not have a significant              the designation and location of the cable
                                             impact on a substantial number of small                                                                       burden for small business concerns with
                                                                                                     system’s principal headend. Our actions               fewer than 25 employees.
                                             entities. It simply adds address and                    will reduce regulatory burdens on
                                             contact information for a new NARA                      commercial broadcasters and cable                     Summary
                                             facility.                                               operators, advance regulatory parity                  I. Introduction
                                               NARA believes that a public comment                   with respect to our public file
                                             period is unnecessary as this rule                      requirements among various program                       1. In the Report and Order, we
                                             simply adds a new NARA facility, so it                  distributors, and improve security at                 eliminate two public inspection file
                                             meets the good cause exception under                    local stations and principal headend                  requirements: (i) The requirement that
                                             the Administrative Procedure Act (5                     locations.                                            commercial broadcast stations retain in
                                             U.S.C.(b)(3)(B)). This rule also does not                                                                     their public inspection file copies of
                                             have any Federalism implications.                       DATES:  Effective February 23, 2017,                  letters and emails from the public; and
                                                                                                     except for the amendments to                          (ii) the requirement that cable operators
                                             List of Subjects in 36 CFR Part 1253                    §§ 73.3526, 76.5, 76.1700, and 76.1708,               maintain for public inspection the
                                               Archives and records, Federal                         which contain information collection                  designation and location of the cable
                                             buildings and facilities, Presidential                  requirements that have not been                       system’s principal headend. Because of
                                             records.                                                approved by OMB. The Commission                       potential privacy concerns associated
                                                                                                     will publish a document in the Federal                with putting the correspondence file
                                               For the reasons stated in the
                                                                                                     Register announcing the effective date                online and because many cable
                                             preamble, NARA amends 36 CFR part
                                                                                                     of those amendments.                                  operators prefer not to post online the
                                             1250 as follows:
                                                                                                     FOR FURTHER INFORMATION CONTACT: Kim                  location of their principal headend for
                                             PART 1253—LOCATION OF NARA                              Matthews, Media Bureau, Policy                        security reasons, removing these
                                             FACILITIES AND HOURS OF USE                             Division, 202–418–2154, or email at                   requirements will enable commercial
                                                                                                     kim.matthews@fcc.gov.                                 broadcasters and cable operators to
                                             ■ 1. The authority citation for part 1253               SUPPLEMENTARY INFORMATION: This is a                  make their entire public inspection file
                                             continues to read as follows:                           summary of the Commission’s Report                    available online without these privacy
                                                 Authority: 44 U.S.C. 2104(a).                       and Order, FCC 17–3, adopted on                       and security concerns and eliminate the
                                                                                                     January 31, 2017 and released on                      need to maintain a local public file.
                                             ■ 2. Amend § 1253.3 by adding                                                                                    2. Principal headend location
                                                                                                     January 31, 2017. The full text of this
                                             paragraph (n) to read as follows:                                                                             information must be accessible to the
                                                                                                     document is available for public
                                             § 1253.3    Presidential Libraries.                     inspection and copying during regular                 Commission, however, to enable it to
                                             *     *    *    *    *                                  business hours in the FCC Reference                   enforce its signal leakage rules and to
                                               (n) Barack Obama Library is located at                Center, Federal Communications                        respond to must-carry and signal
                                             2500 West Golf Road, Hoffman Estates,                   Commission, 445 12th Street SW., Room                 leakage complaints. In addition,
                                             IL 60169–1114. The phone number is                      CY–A257, Washington, DC 20554. This                   broadcast television stations must have
                                             847–252–5700 and the fax number is                      document will also be available via                   access to this information in order to
                                             847–252–5799. The email address is                      ECFS at http://fjallfoss.fcc.gov/ecfs/.               exercise their must-carry rights and
                                             obama.library@nara.gov.                                 Documents will be available                           franchisors may need it in connection
                                                                                                     electronically in ASCII, Microsoft Word,              with their oversight of local cable
                                             David S. Ferriero,                                      and/or Adobe Acrobat. Alternative                     systems and operations. Accordingly,
                                             Archivist of the United States.                         formats are available for people with                 we will require cable systems to provide
                                             [FR Doc. 2017–03502 Filed 2–22–17; 8:45 am]             disabilities (Braille, large print,                   principal headend location information
                                             BILLING CODE 7515–01–P                                  electronic files, audio format), by                   to these entities upon request. In lieu of
                                                                                                     sending an email to fcc504@fcc.gov or                 responding to individual requests for
                                                                                                     calling the Commission’s Consumer and                 such information, operators may
                                             FEDERAL COMMUNICATIONS                                  Governmental Affairs Bureau at (202)                  alternatively elect voluntarily to provide
                                             COMMISSION                                              418–0530 (voice), (202) 418–0432                      this information to the Commission for
                                                                                                     (TTY).                                                inclusion in the Commission’s online
                                             47 CFR Parts 73 and 76                                                                                        public inspection file (‘‘OPIF’’) database
                                                                                                     Paperwork Reduction Act of 1995                       and may elect to make the information
                                             [MB Docket No. 16–161; FCC 17–3]                        Analysis                                              publicly available there.
                                                                                                       The Report and Order contains new                      3. Eliminating the correspondence file
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                                             Expansion of Revisions to Public
                                             Inspection File Requirements—                           or modified information collection                    and principal headend public file
                                             Broadcaster Correspondence File and                     requirements subject to the Paperwork                 requirements will reduce regulatory
                                             Cable Principal Headend Location                        Reduction Act of 1995 (PRA). The                      burdens on commercial broadcasters
                                                                                                     requirements will be submitted to the                 and cable operators. By permitting these
                                             AGENCY:Federal Communications                           Office of Management and Budget                       entities to cease maintaining a local
                                             Commission.                                             (OMB) for review under section 3507(d)                public file, our actions will also advance


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                                                              Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations                                        11407

                                             regulatory parity with respect to our                   sufficient to inform the public of the                Television Online Public File Order, the
                                             public file requirements among various                  ‘‘Commission’s oversight functions and                Commission determined that letters and
                                             program distributors and improve                        the availability of public recourse.’’ The            emails from the public should not be
                                             security at local stations and principal                Commission, however, retained the                     uploaded to the online file, but should
                                             headend locations.                                      requirement that licensees keep all                   instead continue to be maintained at the
                                                                                                     written comments and suggestions                      station’s main studio. The Commission
                                             II. Background                                                                                                concluded that including letters and
                                                                                                     received from the public in their public
                                             A. Correspondence File                                  inspection files.                                     emails from the public in the online file
                                                4. Section 73.3526(e)(9) of the                         6. The correspondence file                         could risk exposing personally
                                             Commission’s rules provides that                        requirement applies only to commercial                identifiable information and that
                                                                                                     broadcasters; there is no similar                     requiring stations to redact such
                                             commercial broadcast stations must
                                                                                                     requirement for noncommercial                         information prior to uploading these
                                             retain in their public inspection file
                                                                                                     broadcasters. There is also no                        documents would be overly
                                             ‘‘[a]ll written comments and suggestions
                                                                                                     correspondence file requirement for                   burdensome.
                                             received from the public regarding
                                                                                                     cable operators, DBS providers, or                       9. In January 2016, the Commission
                                             operation of the station unless the letter
                                                                                                     satellite radio licensees, all of which               adopted the Expanded Online Public
                                             writer has requested that the letter not
                                                                                                     have other public inspection file                     File Order, 81 FR 10105, February 29,
                                             be made public or the licensee believes
                                                                                                     obligations.                                          2016, in which it added cable operators,
                                             the letter should be excluded from
                                                                                                                                                           DBS providers, broadcast radio
                                             public inspection because of the nature                 B. Principal Headend Location
                                                                                                                                                           licensees, and satellite radio licensees to
                                             of its content,’’ such as a situation in                   7. Section 76.1708 of the                          the list of entities required to post their
                                             which a letter contains content that is                 Commission’s rules requires operators                 public inspection files to the FCC-
                                             defamatory or obscene. The rule                         of all cable television systems to                    hosted online database. With respect to
                                             expressly includes email messages                       ‘‘maintain for public inspection the                  commercial radio licensees, the
                                             transmitted to station management or to                 designation and location of [the                      Commission concluded, consistent with
                                             an email address publicized by the                      system’s] principal headend. If an                    the decision reached in the Television
                                             station.                                                operator changes the designation of its               Online Public File Order, that it would
                                                5. As discussed in the Notice of                     principal headend, that new designation               exempt letters and emails from the
                                             Proposed Rulemaking in this                             must also be included in its public file.’’           public from the requirement to file
                                             proceeding, Revisions to Public                         The Commission first adopted the                      online and instead require stations to
                                             Inspection File Requirements—                           principal headend public file                         continue to retain such material in their
                                             Broadcaster Correspondence File and                     requirement in a 1993 order                           local public file. The Commission also
                                             Cable Principal Headend Location,                       implementing the must-carry and                       concluded that it would not require
                                             Notice of Proposed Rulemaking, 81 FR                    retransmission consent provisions of the              cable operators to include principal
                                             40617, June 22, 2016 (NPRM), the                        Cable Television Consumer Protection                  headend location information in the
                                             Commission first required commercial                    and Competition Act of 1992.                          online public file and gave operators the
                                             radio and television broadcasters to                    Implementation of the Cable Television                option instead to continue to retain this
                                             retain written comments and                             Consumer Protection and Competition                   information in their local public file.
                                             suggestions from the public and make                    Act of 1992, Broadcast Signal Carriage                   10. The Commission determined in
                                             them available for public inspection in                 Issues, Report and Order, 58 FR 17350,                the Expanded Online Public File Order
                                             1973. The original correspondence file                  April 2,1993 (‘‘Must-Carry Order’’).                  that entities that upload all public file
                                             rule was adopted together with a                        Under the Cable Act, commercial                       material to the Commission’s online
                                             requirement that commercial broadcast                   television stations must deliver a good               database and that also provide online
                                             stations air regular announcements                      quality signal to a cable system’s                    access to back-up political file
                                             ‘‘informing the public of the licensee’s                ‘‘principal headend’’ in order to be                  documents via the entity’s own Web site
                                             obligation to the public and of the                     eligible for must-carry rights on that                when the Commission’s online database
                                             appropriate method for individuals to                   system. The Cable Act’s provisions                    is temporarily unavailable will not be
                                             express their opinions of the station’s                 regarding eligibility for must-carry                  required to maintain a local public file.
                                             operation.’’ The purpose of the                         rights for noncommercial and low                      The Commission noted, however, that
                                             correspondence file was ‘‘to permit a                   power television stations also refer to a             this option is not available to
                                             member of the public to better                          cable system’s ‘‘principal headend.’’ In              commercial broadcast licensees, which
                                             determine the nature of community                       the Must-Carry Order, the Commission                  must continue to retain a
                                             feedback being received by the licensees                required cable systems to retain various              correspondence file that cannot be made
                                             and the extent to which his or her                      records relating to must-carry                        available online for privacy reasons. In
                                             opinions regarding community                            obligations in their public file,                     the NPRM, the Commission tentatively
                                             problems and needs and/or the                           including, as noted above, the                        concluded that it should eliminate the
                                             licensee’s station operation might be                   designation and location of the system’s              correspondence file requirement. As
                                             shared by other members of the                          principal headend.                                    requested by NCTA, we also proposed
                                             community.’’ The Commission later                                                                             in the NPRM to eliminate the
                                             removed the requirement that licensees                  C. Online Public Inspection File                      requirement that cable operators retain
                                             air announcements regarding their                          8. In 2012, the Commission adopted                 information regarding the location of
                                             obligations to the public, noting that                  online public inspection file rules for               their principal headend in the public
                                             section 73.3580 of the rules requires that              television broadcasters that required
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                                                                                                                                                           inspection file. We noted that the
                                             both commercial and noncommercial                       them to post public file documents to a               general public has no interest in this
                                             stations make announcements in                          central, FCC-hosted online database                   information and that eliminating this
                                             connection with the filing of their                     rather than maintaining files locally at              public file requirement would permit
                                             license renewal applications and                        their main studios. See Television                    operators who feel the need to avoid
                                             concluding that these renewal                           Online Public File Order, 77 FR 27631,                posting this information online for
                                             application announcements were                          May 11, 2012. However, in the                         security reasons to cease retaining this


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                                             11408            Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations

                                             information locally and to transition to                Consolidated Database System (CDBS).                  broadcasters are not subject to this
                                             a fully online public inspection file.                  Interested parties may also file formal               requirement because section 308(d)
                                                                                                     and informal complaints at any time                   requires licensees to summarize
                                             III. Discussion
                                                                                                     during a station’s license period. The                correspondence maintained by licensees
                                             A. Correspondence File                                  Commission maintains a public Web                     ‘‘in accordance with Commission
                                                11. As we proposed in the NPRM, we                   site that permits consumers to file                   regulations’’ and ‘‘noncommercial
                                             eliminate the requirement that                          informal complaints directly with the                 educational licensees are not required to
                                             commercial broadcast stations retain                    Commission.                                           maintain these letters under our rules.’’
                                                                                                        14. While we recognize that some                   It follows from this determination that
                                             letters and emails from the public in
                                                                                                     consumers may not have Internet access                because commercial TV licensees will
                                             their public inspection files. We agree
                                                                                                     at home, lack access to broadband, or                 no longer be required to maintain
                                             with those commenters who argue that
                                                                                                     lack digital media skills, we disagree                correspondence under our rules, under
                                             retention of letters and emails is not
                                                                                                     with those commenters who argue that                  the terms of section 308(d) they also
                                             necessary to ensure that broadcasters
                                                                                                     these concerns warrant requiring                      will not be required to file a summary
                                             comply with their public interest
                                                                                                     commercial broadcasters to continue to                of correspondence received regarding
                                             obligation to air programming that is                   maintain a correspondence file. The                   violent programming with their renewal
                                             responsive to the needs and interests of                record suggests that few consumers seek               application. Our extension of our 1999
                                             their community of license. Viewers and                 access to the correspondence file.                    determination moots the Broadcaster
                                             listeners can continue to communicate                   Consumers can continue to                             Coalition request that the Commission
                                             directly with stations by letter, email,                communicate directly with stations by                 clarify that such communications may
                                             social media, telephone, or other means;                letter or telephone and those without                 be retained in a non-public file and that
                                             the only change is that stations will no                Internet access at home may also be able              the retention period for such
                                             longer be required to retain letters and                to access the online public file from                 communications is three years,
                                             emails and make them publicly                           locations, such as public libraries, that             consistent with the correspondence file
                                             available in their local public file.                   provide Internet access to the public. In             retention period requirement, rather
                                                12. We agree with the Broadcaster                    addition, consumers who are unable to                 than the eight-year license term. The
                                             Coalition that stations are likely to                   access or navigate the Commission’s                   Commission’s license renewal
                                             continue to respond to concerns raised                  Web site can file an informal objection               application, FCC Form 303–S, directs
                                             by consumers even though they are no                    to a renewal application by mail.                     commercial TV and Class A TV
                                             longer required to retain all written                   Consumers can also contact the                        applicants to submit a summary of
                                             communications for public inspection.                   Commission toll-free by telephone to                  written communications received from
                                             Stations have an economic incentive to                  file an informal complaint against a                  the public regarding violent
                                             be responsive to their consumers. The                   station.                                              programming. We delegate authority to
                                             Broadcaster Coalition notes that, as they                  15. Eliminating the correspondence                 the Media Bureau to revise this form
                                             have with letters and emails from the                   file requirement will have the added                  and instructions consistent with our
                                             public, stations now monitor their social               benefit of permitting commercial                      decision to eliminate the
                                             media accounts to understand viewers’                   broadcasters to transition to an entirely             correspondence file requirement.
                                             reactions to stories and obtain feedback                online public file and cease maintaining                 17. The rule changes we are adopting
                                             about the operation of the station. We                  a local public file. This change will                 herein must be approved by the Office
                                             also agree with those commenters who                    reduce regulatory burdens on                          of Management and Budget (OMB)
                                             note that the volume of commentary on                   commercial broadcasters and allow                     under the Paperwork Reduction Act
                                             social media sites about a station’s                    them to realize the cost savings and                  (PRA). The Media Bureau will issue a
                                             performance is likely to far exceed the                 other efficiencies of an entirely online              Public Notice announcing such
                                             number of letters and emails a station                  file. Eliminating the correspondence file             approval and the effective date of the
                                             receives. Unlike the correspondence                     will also advance regulatory parity by                rules. Commercial broadcasters must
                                             file, these Internet postings are readily               providing commercial broadcasters with                continue to retain a correspondence file
                                             available online where they can be                      the same opportunity as other entities                locally and make it available for public
                                             viewed by interested parties.                           with online file requirements to provide              inspection until the effective date of the
                                                13. Our action today will have little,               online access to all public file materials,           new rules.
                                             if any, impact on the Commission’s role                 and will permit commercial licensees
                                             in reviewing licensee performance. As                   concerned about security to limit public              B. Principal Headend Location
                                             we stated in the NPRM, the                              access to a station’s facilities.                       18. As we proposed in the NPRM, we
                                             Commission’s scrutiny of most licensee                     16. We note that the                               also eliminate the requirement that
                                             conduct occurs in conjunction with                      Telecommunications Act of 1996                        cable operators retain information about
                                             consideration of a station’s license                    requires television licensees to include              the designation and location of the
                                             renewal application. Interested listeners               in their license renewal application ‘‘a              system’s principal headend in the
                                             and viewers may file petitions or                       summary of written comments and                       public inspection file. No commenter
                                             objections concerning licensee                          suggestions’’ that are both ‘‘received                opposed this proposal. All commenters
                                             performance at the time the station files               from the public,’’ and ‘‘maintained by                who addressed the issue agreed with
                                             its renewal application. Licensees are                  the licensee (in accordance with                      our conclusion in the NPRM that the
                                             required to air announcements notifying                 Commission regulations),’’ and that                   general public has no need for or
                                             their viewers and listeners that they                   ‘‘comment on the applicant’s                          interest in this information.
                                             have the opportunity to provide                         programming, if any, and that are                       19. While the general public has no
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                                             feedback during the Commission’s                        characterized by the commenter as                     need for information about the location
                                             review of the license renewal                           constituting violent programming.’’ See               of a cable system’s principal headend,
                                             application. Petitions and objections                   47 U.S.C. 308(d). The Commission                      that information must be accessible to
                                             filed in connection with a license                      determined in the 1999 Main Studio                    the Commission as needed to permit
                                             renewal application are accessible by                   and Public File Order, 64 FR 35941, July              enforcement of cable carriage and signal
                                             the public in the Commission’s                          2, 1999, that noncommercial                           leakage requirements and to avoid


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                                                              Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations                                         11409

                                             interference to and from cable                          and that state that it can be made public             request principal headend location
                                             headends. For example, the Commission                   in OPIF, must provide it to stations                  information.
                                             must know the location of the principal                 upon request until their information
                                                                                                                                                           IV. Procedural Matters
                                             headend to conduct tests to determine                   appears in the OPIF database.
                                             compliance with signal leakage                             22. After the rules adopted in this                A. Final Regulatory Flexibility Act
                                             requirements. In addition, the                          order are approved by the Office of                   Analysis
                                             Commission must know the location of                    Management and Budget (OMB), the
                                                                                                                                                             25. As required by the Regulatory
                                             a principal headend in order to ensure                  Media Bureau will issue a Public Notice
                                                                                                                                                           Flexibility Act (RFA), an Initial
                                             that the facilities are not causing                     (PN) announcing the effective date of
                                                                                                                                                           Regulatory Flexibility Analysis (IRFA)
                                             interference to, or receiving interference              the rules. The Media Bureau will
                                                                                                                                                           was incorporated in the NPRM in MB
                                             from, other communications facilities.                  provide in the PN instructions on how
                                                                                                                                                           Docket 16–161. The Commission sought
                                             The Commission currently does not                       to access and use the OPIF database,
                                                                                                                                                           written public comment on the
                                             maintain principal headend location                     addresses to be used to send the
                                                                                                                                                           proposals in the NPRM, including
                                             information for most cable systems.                     information directly to the Commission,
                                                                                                     and the telephone number for technical                comment on the IRFA. We received no
                                             Broadcast television stations also must
                                                                                                     assistance with OPIF.                                 comments specifically directed toward
                                             have access to principal headend
                                                                                                        23. The actions we take today will                 the IRFA. This Final Regulatory
                                             location information to determine cable
                                                                                                     reduce burdens for cable system                       Flexibility Analysis (FRFA) conforms to
                                             carriage rights.
                                                20. To ensure that the Commission                    operators, particularly those with                    the RFA.
                                             has access to principal headend location                security concerns about posting                       1. Need for, and Objectives of, Report
                                             information, we will require that all                   principal headend location information                and Order
                                             cable systems provide it to us promptly                 online. By eliminating the principal
                                                                                                     headend public file requirement, we                      26. The Report and Order eliminates
                                             upon request made by phone, email, or
                                                                                                     enable these systems to transition to a               two public inspection file
                                             other means. Systems must also provide
                                                                                                     fully online public file and benefit from             requirements—the requirement that
                                             this information upon request to
                                                                                                     the long-term cost-savings and other                  commercial broadcast stations retain in
                                             broadcast television stations and
                                                                                                     efficiencies associated with an online                their public inspection file copies of
                                             franchisors. In lieu of responding to
                                                                                                     file. While these systems must provide                letters and emails from the public
                                             individual requests for principal
                                                                                                     principal headend information to the                  (referred to as the ‘‘correspondence
                                             headend location information, systems
                                             may alternatively elect voluntarily to                  Commission, broadcasters, and                         file’’) and the requirement that cable
                                             input this information into OPIF or                     franchisors upon request, this                        operators maintain for public inspection
                                             provide it to the Commission by mail or                 requirement is minimal and should not                 the designation and location of the cable
                                             email to be included in that database.                  be onerous. Commenters report that                    system’s principal headend. We
                                             Systems that elect to provide this                      systems receive very few, if any,                     conclude that these two components of
                                             information in OPIF may choose to                       requests for this information. Any                    our public inspection file rules involve
                                             make it accessible only to the                          burden from these new requirements is                 documents or information that do not
                                             Commission or also make it publicly                     more than offset by the benefit of no                 need to be made available to the general
                                             available. Inputting headend                            longer being required to maintain a local             public and that eliminating these rules
                                             information into OPIF will be a simple                  public file to retain principal headend               will reduce the burden of maintaining
                                             task and, for cable operators that choose               location information. Moreover, cable                 the public inspection file on commercial
                                             this option, will obviate responding to                 systems that elect voluntarily to provide             broadcasters and cable operators. Our
                                             inquiries about their headend location                  principal headend location information                action today will also permit
                                             from Commission staff. In addition,                     to the Commission to be maintained in                 commercial television and radio
                                             systems that input the information                      OPIF, and that elect to make this                     broadcasters and cable operators to
                                             directly into OPIF can elect to make it                 information publicly available, can                   cease maintaining a local public
                                             immediately available to the public and                 direct anyone requesting principal                    inspection file if they post all public file
                                             thereby also eliminate the necessity of                 headend location information to that                  material to the online public file
                                             providing information in response to                    database in lieu of responding to                     database and provide online access via
                                             other requests for principal headend                    individual requests.                                  their own Web site to back-up political
                                             location information.                                      24. We disagree with ACA that small                file material. The Commission
                                                21. Systems that elect not to provide                cable systems should have the option to               previously adopted this option for other
                                             principal headend information in OPIF,                  retain principal headend location                     entities subject to our online public
                                             or that elect to protect this information               locally and provide it to the                         inspection file requirements. Because
                                             from public view, will be required to                   Commission, television stations, and                  the correspondence file cannot be made
                                             make it available to broadcast television               franchisors on request made in person at              available online for privacy reasons and
                                             stations and local franchisors upon                     their facilities. Requiring entities to               because many cable operators prefer not
                                             request. If a request is submitted to a                 make an in-person visit to the system to              to post the location of their principal
                                             cable system from a broadcaster or local                obtain this information, should that be               headend online for security reasons,
                                             franchisor in writing by certified mail,                necessary, would be unduly                            removing these requirements will
                                             cable systems must respond in writing                   burdensome, particularly as there are                 permit commercial broadcasters and
                                             by certified mail within 15 calendar                    other simple, essentially costless means              cable operators to elect to make their
                                             days. Cable systems may in addition                     for the system to provide the                         entire public inspection file available
                                                                                                     information to entities that need it.                 online and cease maintaining a local
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                                             elect to respond to requests from these
                                             entities submitted by telephone or                      Moreover, as the Commission currently                 public file, thereby further reducing
                                             email, but must respond in writing by                   does not have information regarding the               overall regulatory burdens on these
                                             certified mail if requested to do so by                 address of the principal headend or                   entities. The Report and Order also
                                             the station or franchisor. Systems that                 local business office for many small                  delegates to the Media Bureau the
                                             choose to provide principal headend                     systems, Commission staff often would                 authority to revise FCC Form 303–S to
                                             information to the FCC by email or mail,                not know where to go in person to                     reflect the fact that, consistent with the


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                                             11410            Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations

                                             language of 47 U.S.C. 308(d),                           Commission has estimated the number                   estimate of small businesses to which
                                             commercial TV and Class A TV                            of licensed Class A television stations to            rules may apply does not exclude any
                                             licensees will no longer be required to                 be 417. Given the nature of these                     radio station from the definition of a
                                             submit with their renewal applications                  services, we will presume that these                  small business on this basis and
                                             a summary of written communications                     licensees qualify as small entities under             therefore may be over-inclusive to that
                                             received from the public regarding                      the SBA definition. Based on these data,              extent. Also, as noted, an additional
                                             violent programming.                                    we estimate that the majority of                      element of the definition of ‘‘small
                                                                                                     television broadcast stations are small               business’’ is that the entity must be
                                             2. Summary of Significant Issues Raised
                                                                                                     entities.                                             independently owned and operated.
                                             by Public Comments in Response to the                      31. We note, however, that in                      The Commission notes that it is difficult
                                             IRFA                                                    assessing whether a business concern                  at times to assess these criteria in the
                                                27. No comments were filed in                        qualifies as ‘‘small’’ under the above                context of media entities and the
                                             response to the IRFA.                                   definition, business (control) affiliations           estimates of small businesses to which
                                             3. Description and Estimate of the                      must be included. Because we do not                   they apply may be over-inclusive to this
                                             Number of Small Entities to Which the                   include or aggregate revenues from                    extent.
                                             Proposed Rules Will Apply                               affiliated companies in determining                      34. Cable Companies and Systems.
                                                                                                     whether an entity meets the revenue                   The Commission has developed its own
                                                28. The RFA directs agencies to                      threshold noted above, our estimate of                small business size standards for the
                                             provide a description of and, where                     the number of small entities affected is              purpose of cable rate regulation. Under
                                             feasible, an estimate of the number of                  likely overstated. In addition, we note               the Commission’s rules, a ‘‘small cable
                                             small entities that may be affected by                  that one element of the definition of                 company’’ is one serving 400,000 or
                                             the proposed rules, if adopted. The RFA                 ‘‘small business’’ is that an entity not be           fewer subscribers nationwide. Industry
                                             generally defines the term ‘‘small                      dominant in its field of operation. We                data shows that there are currently 660
                                             entity’’ as having the same meaning as                  are unable at this time to define or                  cable operators. Of this total, all but ten
                                             the terms ‘‘small business,’’ ‘‘small                   quantify the criteria that would                      cable operators nationwide are small
                                             organization,’’ and ‘‘small governmental                establish whether a specific television               under this size standard. In addition,
                                             jurisdiction.’’ In addition, the term                   broadcast station is dominant in its field            under the Commission’s rate regulation
                                             ‘‘small business’’ has the same meaning                 of operation. Accordingly, our estimate               rules, a ‘‘small system’’ is a cable system
                                             as the term ‘‘small business concern’’                  of small television stations potentially              serving 15,000 or fewer subscribers.
                                             under the Small Business Act. A small                   affected by the proposed rules includes               Current Commission records show 4,421
                                             business concern is one which: (1) Is                   those that could be dominant in their                 cable systems nationwide. Of this total,
                                             independently owned and operated; (2)                   field of operation. For this reason, such             3,936 cable systems have less than
                                             is not dominant in its field of operation;              estimate likely is over-inclusive.                    20,000 subscribers, and 485 systems
                                             and (3) satisfies any additional criteria                  32. Radio Broadcasting. The SBA                    have 20,000 or more subscribers, based
                                             established by the SBA. Below, we                       defines a radio broadcast station as a                on the same records. Thus, under this
                                             provide a description of such small                     small business if such station has no                 standard, we estimate that most cable
                                             entities, as well as an estimate of the                 more than $38.5 million in annual                     systems are small entities.
                                             number of such small entities, where                    receipts. Business concerns included in                  35. Cable System Operators (Telecom
                                             feasible.                                               this industry are those ‘‘primarily                   Act Standard). The Communications
                                                29. Television Broadcasting. This                    engaged in broadcasting aural programs                Act of 1934, as amended, also contains
                                             economic Census category ‘‘comprises                    by radio to the public.’’ According to                a size standard for small cable system
                                             establishments primarily engaged in                     review of the BIA Publications, Inc.                  operators, which is ‘‘a cable operator
                                             broadcasting images together with                       Master Access Radio Analyzer Database                 that, directly or through an affiliate,
                                             sound.’’ The SBA has created the                        as of November 26, 2013, about 11,331                 serves in the aggregate fewer than 1
                                             following small business size standard                  (or about 99.9 percent) of the then                   percent of all subscribers in the United
                                             for such businesses: Those having $38.5                 number of commercial radio stations                   States and is not affiliated with any
                                             million or less in annual receipts. The                 (11,341) have revenues of $35.5 million               entity or entities whose gross annual
                                             2012 U.S. Census indicates that 751                     or less and thus qualify as small entities            revenues in the aggregate exceed
                                             firms in this category operated in that                 under the SBA definition. The                         $250,000,000.’’ There are approximately
                                             year. Of that number, 656 had annual                    Commission has estimated the number                   53 million cable video subscribers in the
                                             receipts of $25,000,000 or less. Because                of licensed commercial radio stations to              United States today. Accordingly, an
                                             the Census has no additional                            be 11,408. We note that in assessing                  operator serving fewer than 540,000
                                             classifications that could serve as a basis             whether a business entity qualifies as                subscribers shall be deemed a small
                                             for determining the number of stations                  small under the above definition,                     operator if its annual revenues, when
                                             whose receipts exceeded $38.5 million                   business control affiliations must be                 combined with the total annual
                                             in that year, we conclude that the                      included. This estimate, therefore, likely            revenues of all its affiliates, do not
                                             majority of television broadcast stations               overstates the number of small entities               exceed $250 million in the aggregate.
                                             were small under the applicable SBA                     that might be affected, because the                   Based on available data, we find that all
                                             size standard.                                          revenue figure on which it is based does              but ten incumbent cable operators are
                                                30. Apart from the U.S. Census, the                  not include or aggregate revenues from                small entities under this size standard.
                                             Commission has estimated the number                     affiliated companies.                                 We note that the Commission neither
                                             of licensed commercial television                          33. As noted above, an element of the              requests nor collects information on
                                             stations to be 1,387 stations. Of this                  definition of ‘‘small business’’ is that the
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                                                                                                                                                           whether cable system operators are
                                             total, 1,221 stations (or about 88                      entity not be dominant in its field of                affiliated with entities whose gross
                                             percent) had revenues of $38.5 million                  operation. The Commission is unable at                annual revenues exceed $250 million.
                                             or less, according to Commission staff                  this time to define or quantify the                   Although it seems certain that some of
                                             review of the BIA Kelsey Inc. Media                     criteria that would establish whether a               these cable system operators are
                                             Access Pro Television Database (BIA) on                 specific radio station is dominant in its             affiliated with entities whose gross
                                             July 2, 2014. In addition, the                          field of operation. Accordingly, the                  annual revenues exceed $250,000,000,


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                                                              Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations                                         11411

                                             we are unable at this time to estimate                  5. Steps Taken To Minimize Significant                information collection requirements
                                             with greater precision the number of                    Economic Impact on Small Entities, and                contained in this proceeding. In
                                             cable system operators that would                       Significant Alternatives Considered                   addition, we note that pursuant to the
                                             qualify as small cable operators under                     38. The RFA requires an agency to                  Small Business Paperwork Relief Act of
                                             the definition in the Communications                    describe any significant alternatives that            2002, Public Law 107–198, see 44 U.S.C.
                                             Act.                                                    it has considered in reaching its                     3506(c)(4), we previously sought
                                             4. Description of Projected Reporting,                  proposed approach, which may include                  specific comment on how the
                                             Recordkeeping, and Other Compliance                     the following four alternatives (among                Commission might further reduce the
                                             Requirements                                            others): (1) The establishment of                     information collection burden for small
                                                36. The rule changes adopted in the                  differing compliance or reporting                     business concerns with fewer than 25
                                             Report and Order will reduce reporting,                 requirements or timetables that take into             employees.
                                             recordkeeping, and other compliance                     account the resources available to small
                                                                                                     entities; (2) the clarification,                      C. Congressional Review Act
                                             requirements for commercial broadcast
                                             stations which, prior to our action                     consolidation, or simplification of                     42. The Commission will send a copy
                                             today, were required to retain letters                  compliance or reporting requirements                  of the Report and Order to Congress and
                                             and emails from the public in their local               under the rule for small entities; (3) the            the Government Accountability Office
                                             public inspection file. The Report and                  use of performance, rather than design,               pursuant to the Congressional Review
                                             Order eliminates this requirement,                      standards; and (4) an exemption from
                                                                                                                                                           Act.
                                             thereby reducing recordkeeping burdens                  coverage of the rule, or any part thereof,
                                             on these entities. In addition,                         for small entities.                                   V. Ordering Clauses
                                             eliminating the correspondence file                        39. Alternative options discussed in
                                             requirement will permit commercial                      the NPRM included requiring cable                        43. Accordingly, it is ordered that,
                                             radio and television stations to fully                  systems to file a form with the FCC to                pursuant to the authority contained in
                                             transition to an online public file and                 provide principal headend information.                sections 1, 4(i), 4(j), 303(r), 614, and 615
                                             cease maintaining a local public file,                  Requiring systems to instead provide                  of the Communications Act of 1934, as
                                             allowing them to realize the long-term                  this information upon request is less                 amended, 47 U.S.C. 151, 154(i), 154(j),
                                             cost savings associated with the online                 burdensome than a requirement to file                 303(r), 614, and 615, the Report and
                                             public file. The elimination of the                     a form. While ACA urged the FCC to                    Order is hereby adopted.
                                             requirement that commercial television                  simply permit small cable systems to                     44. It is further ordered that parts 73
                                             and Class A licensees include in their                  retain principal headend information                  and 76 of the Commission’s rules, 47
                                             license renewal applications a summary                  locally and provide it upon request to                CFR part 73, 76, are amended as set
                                             of communications received from the                     entities who ask for it in person,                    forth in Appendix B of the Report and
                                             public regarding violent programming                    requiring entities to make an in-person
                                                                                                                                                           Order. Such rule amendments contain
                                             will also reduce regulatory burdens on                  visit to the system to obtain this
                                                                                                                                                           new or modified information collection
                                             these licensees.                                        information would be overly
                                                37. The actions we take today will                   burdensome, particularly as there are                 requirements that require approval by
                                             also reduce burdens for cable system                    other simple, essentially costless means              the Office of Management and Budget
                                             operators, particularly those with                      for the system to provide the                         (OMB) under the Paperwork Reduction
                                             security concerns about posting                         information to entities that need it.                 Act (PRA), and shall become effective
                                             principal headend location information                  Moreover, as the FCC currently does not               after publication in the Federal Register
                                             online. By eliminating the principal                    have information regarding the address                of a notice announcing such approval
                                             headend public file requirement, we                     of the principal headend or local                     and the relevant effective date.
                                             enable these systems to transition to a                 business office for many of small                        45. It is further ordered that the
                                             fully online public file and benefit from               systems, it would not know where to go                Commission’s Consumer and
                                             the long-term cost-savings and other                    to request principal headend location                 Governmental Affairs Bureau, Reference
                                             efficiencies associated with an online                  information. Overall, we believe that the             Information Center, shall send a copy of
                                             file. While these systems must provide                  Report and Order appropriately                        the Report and Order including the
                                             principal headend information to the                    balances the interests of the public                  Final Regulatory Flexibility Analysis, to
                                             Commission, broadcasters, and                           against the interests of the entities who             the Chief Counsel for Advocacy of the
                                             franchisors upon request, this                          will be subject to the rules, including
                                             requirement is minimal and should not                                                                         Small Business Administration.
                                                                                                     those that are smaller entities.
                                             be onerous. Commenters report that                                                                               46. It is further ordered that the
                                             systems receive very few, if any,                       6. Federal Rules That May Duplicate,                  Commission shall send a copy of the
                                             requests for this information. Any                      Overlap, or Conflict With the Proposed                Report and Order in a report to Congress
                                             burden from these new requirements is                   Rule                                                  and the Government Accountability
                                             more than offset by the benefit of no                     40. None.                                           Office pursuant to the Congressional
                                             longer being required to maintain a local                                                                     Review Act, see 5 U.S.C. 801(a)(1)(A).
                                             public file to retain principal headend                 B. Paperwork Reduction Act Analysis
                                             location information. Moreover, cable                     41. This document contains new or                   List of Subjects
                                             systems that elect voluntarily to provide               modified information collection                       47 CFR Part 73
                                             principal headend location information                  requirements subject to the Paperwork
                                             to the Commission to be maintained in                   Reduction Act of 1995 (PRA), Public                     Radio, Recording and recordkeeping
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                                             OPIF, and that elect to make this                       Law 104–13. It will be submitted to the               requirements, Television.
                                             information publicly available, can                     Office of Management and Budget
                                             direct those requesting principal                       (OMB) for review under section 3507(d)                47 CFR Part 76
                                             headend location information to that                    of the PRA. OMB, the general public,                    Cable television, Reporting and
                                             database in lieu of responding to                       and other Federal agencies are invited to             recordkeeping requirements.
                                             individual requests.                                    comment on the new or modified


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                                             11412            Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Rules and Regulations

                                             Federal Communications Commission.                      the manner discussed in paragraph                     submitted by telephone or email, but
                                             Marlene H. Dortch,                                      (b)(1) of this section until March 1,                 must respond in writing by certified
                                             Secretary.                                              2018. However, any radio station that is              mail if requested to do so by the station
                                                                                                     not required to place its public                      or franchisor.
                                             Final Rules                                             inspection file in the online public file             *     *     *    *     *
                                               For the reasons discussed in the                      hosted by the Commission before March
                                             preamble, the Federal Communications                    1, 2018 may choose to do so, instead of               ■ 6. Section 76.1700 is amended by
                                             Commission amends 47 CFR parts 73                       retaining the public inspection file at               revising paragraph (a) introductory text,
                                             and 76 as follows:                                      the station in the manner discussed in                removing paragraph (a)(6), and
                                                                                                     paragraph (b)(1) of this section.                     redesignating (a)(7) through (10) as (a)(6)
                                             PART 73—RADIO BROADCAST                                 *     *      *     *    *                             through (9), respectively.
                                             SERVICES                                                                                                        The revision reads as follows:
                                                                                                     PART 76—MULTICHANNEL VIDEO
                                             ■ 1. The authority citation for part 73                 AND CABLE TELVISION SERVICE                           § 76.1700 Records to be maintained by
                                             continues to read as follows:                                                                                 cable system operators.
                                               Authority: 47.U.S.C. 154, 303, 307, and               ■ 4. The authority citation for part 76
                                                                                                                                                              (a) Public inspection file. The
                                             554.                                                    continues to read as follows:
                                                                                                                                                           following records must be placed in the
                                             § 73.1202   [Removed and Reserved].                       Authority: 47 U.S.C. 151, 152, 153, 154,            online public file hosted by the
                                                                                                     301, 302, 302a, 303, 303a, 307, 308, 309, 312,        Commission, except as indicated in
                                             ■ 2. Section 73.1202 is removed and                     315, 317, 325, 339, 340, 341, 503, 521, 522,
                                             reserved.                                               531, 532, 534, 535, 536, 537, 543, 544, 544a,         paragraph (d) of this section and except
                                                                                                     545, 548, 549, 552, 554, 556, 558, 560, 561,          that the records listed in paragraph
                                             ■ 3. Section 73.3526 is amended by
                                                                                                     571, 572, 573.                                        (a)(1) of this section (political file) that
                                             revising paragraphs (b)(1) and (b)(2)(i)
                                                                                                                                                           are in existence 30 days after the
                                             and removing and reserving paragraph                    ■ 5. Section 76.5 is amended by revising
                                                                                                     paragraph (pp)(2) to read as follows:                 effective date of this provision, if not
                                             (e)(9),
                                                                                                                                                           placed in the online file, shall continue
                                                The revisions read as follows:
                                                                                                     § 76.5   Definitions.                                 to be retained at the system and made
                                             § 73.3526 Local public inspection file of               *      *     *     *     *                            available to the public in the manner
                                             commercial stations.                                       (pp) * * *                                         discussed in paragraph (e) of this
                                             *      *      *    *     *                                 (2) In the case of a cable system with             section until the end of the retention
                                                (b) * * *                                            more than one headend, the principal                  period. In addition, any cable system
                                                (1) For radio licensees temporarily                  headend designated by the cable                       with fewer than 5,000 subscribers shall
                                             exempt from the online public file                      operator, except that such designation                continue to retain the political file at the
                                             hosted by the Commission, as discussed                  shall not undermine or evade the                      system in the manner discussed in
                                             in paragraph (b)(2) of this section, a                  requirements of subpart D of this part.               paragraph (e) of this section until March
                                             hard copy of the public inspection file                 Each cable system must provide                        1, 2018. For these systems, effective
                                             shall be maintained at the main studio                  information regarding the designation                 March 1, 2018, any new political file
                                             of the station, unless the licensee elects              and location of the principal headend to              material shall be placed in the online
                                             voluntarily to place the file online as                 the Commission promptly upon request.                 file hosted by the Commission, while
                                             discussed in paragraph (b)(2) of this                   Except for good cause, an operator may                the material in the political file as of
                                             section. An applicant for a new station                 not change its choice of principal                    March 1, 2018, if not placed in the
                                             or change of community shall maintain                   headend. Cable systems may elect                      Commission’s online public file, shall
                                             its file at an accessible place in the                  voluntarily to provide the location of                continue to be retained at the system in
                                             proposed community of license or at its                 the principal headend in the                          the manner discussed in paragraph (e)
                                             proposed main studio.                                   Commission’s online public inspection                 of this section until the end of its
                                                (2)(i) A television station licensee or              file database and may choose whether to               retention period. However, any system
                                             applicant, and any radio station licensee               make this information accessible only                 that is not required to place its political
                                             or applicant not temporarily exempt as                  by the Commission or to also make it                  file in the Commission’s online public
                                             described in this paragraph, shall place                publicly available. Systems that elect                file before March 1, 2018 may choose to
                                             the contents required by paragraph (e) of               not to provide this information in the                do so, instead of retaining the political
                                             this section of its public inspection file              online file, or to protect this information           file at the system in the manner
                                             in the online public file hosted by the                 in the online file from public view, must             discussed in paragraph (e) of this
                                             Commission, with the exception of the                   make it available to broadcast television             section.
                                             political file as required by paragraph                 stations and local franchisors upon                   *      *     *     *     *
                                             (e)(6) of this section, as discussed in                 request. If a request is submitted by a
                                             paragraph (b)(3) of this section. Any                   television station or franchisor in                   § 76.1708    [Removed and Reserved].
                                             radio station not in the top 50 Nielsen                 writing by certified mail, cable systems
                                             Audio markets, and any radio station                    must respond in writing by certified                  ■ 7. Section 76.1708 is removed and
                                             with fewer than five full-time                          mail within 15 calendar days. Cable                   reserved.
                                             employees, shall continue to retain the                 systems may in addition elect to                      [FR Doc. 2017–03465 Filed 2–22–17; 8:45 am]
                                             public inspection file at the station in                respond to requests from these entities               BILLING CODE 6712–01–P
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Document Created: 2017-02-23 02:10:45
Document Modified: 2017-02-23 02:10:45
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.
DatesEffective February 23, 2017, except for the amendments to Sec. Sec. 73.3526, 76.5, 76.1700, and 76.1708, which contain information collection requirements that have not been approved by OMB. The Commission will publish a document in the Federal Register announcing the effective date of those amendments.
ContactKim Matthews, Media Bureau, Policy Division, 202-418-2154, or email at [email protected]
FR Citation82 FR 11406 
CFR Citation47 CFR 73
47 CFR 76
CFR AssociatedRadio; Recording and Recordkeeping Requirements; Television; Cable Television and Reporting and Recordkeeping Requirements

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