82 FR 29770 - Transition Progress Report Form and Filing Requirements for Stations Not Eligible for Reimbursement From the TV Broadcast Relocation Fund
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 82, Issue 125 (June 30, 2017)
Federal Register Volume 82, Issue 125 (June 30, 2017)
| Page Range | 29770-29772 | |
| FR Document | 2017-13765 |
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)] [Rules and Regulations] [Pages 29770-29772] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13765] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 16-306, GN Docket No. 12-268; DA 17-484] Transition Progress Report Form and Filing Requirements for Stations Not Eligible for Reimbursement From the TV Broadcast Relocation Fund AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) describes the information that must be provided in periodic progress reports (FCC Form 2100--Schedule 387 (Transition Progress Report)) by full power and Class A television stations that are not eligible to receive payment of relocation expenses from the TV Broadcast Relocation Fund in connection with their being assigned to a new channel through the Incentive Auction. DATES: Effective June 30, 2017. ADDRESSES: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, [email protected], (202) 418-1647, or Kevin Harding, [email protected], (202) 418-7077. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's document, DA 17-484, MB Docket No. 16-306, GN Docket No. 12-268, adopted and released May 18, 2017. The complete text of this document is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. The complete text of this document is also available for download at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0518/DA-17-484A1.pdf. Synopsis The Incentive Auction Task Force and Media Bureau (collectively, the Commission) previously determined that stations that are eligible for reimbursement from the TV Broadcast Relocation Fund in connection with their being assigned to a new channel through the Incentive Auction must file reports showing how the disbursed funds have been spent and what portion of the stations' construction in complete, and sought comment on whether non-reimbursable stations should also file reports to show what portion of the stations' construction is complete. These Transition Progress Reports will help the Commission, broadcasters, those involved in construction of broadcast facilities, other interested parties, and the public to monitor the construction of stations. The Commission announces that each full power and Class A television station that will be changing channels during the post- incentive auction transition and is not eligible for reimbursement of its relocation costs from the TV Broadcast Relocation Fund established by the Middle Class Tax Relief and Job Creation Act of 2012 must follow the same progress reporting requirements as reimbursable stations and periodically file an FCC Form 2100--Schedule 387 (Transition Progress Report) that is attached as Appendix A to the Public Notice DA 17-34. The appendix is available at https://apps.fcc.gov/edocs_public/attachmatch/DA-17-34A1.docx. Non-Reimbursable stations must file Transition Progress Reports using the Commission's electronic filing system starting with first full calendar quarter after close of the Incentive Auction, which occurred on April 13, 2017, and on a quarterly basis thereafter. In addition to these quarterly reports, Non- Reimbursable stations must file the reports: (1) 10 weeks before the end of their assigned construction deadline; (2) 10 days after they complete all work related to construction of their post-auction facilities; and (3) five days after they cease broadcasting on their pre-auction channel. Once a station has filed a Transition Progress Report certifying that it has completed all work related to construction of its post-auction facilities and has ceased operating on its pre-auction channel, it will no longer be required to file reports. The Commission will automatically line the Transition Progress Reports to non-reimbursable stations' online local public inspection file on the Commission's Web site. [[Page 29771]] Some commenters proposed changes to questions in the Transition Progress Report Form adopted for reimbursable stations and certain filing procedures, which the Commission treated as requests for reconsideration and declined to adopt. The Commission declined to incorporate the response of ``unknown at this time'' into the form for each question, to change the wording of a question dealing with auxiliary antenna systems, to require a more detailed level of reporting with respect to a number of questions, to require reports to be filed on a less frequent basis, or to allow group owners to file a single report for all of their stations. Paperwork Reduction Act of 1995 Analysis: This document contains new or modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, has invited the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document in a separate Federal Register Notice, as required by the Paperwork Reduction Act of 1995, Public Law 104-13, see 44 U.S.C. 3507. The Commission will send a copy of the document, DA 17-484, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Appendix B: Final Regulatory Flexibility Act Analysis As required by the Regulatory Flexibility Act of 1980, as amended (``RFA''), an Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in the Transition Progress Report Public Notice. The Incentive Auction Task Force and Media Bureau sought written public comments on the proposals in the Transition Progress Report Public Notice, including comment on the IRFA. Because we adopt filing requirements for stations in the Public Notice, we have included this Final Regulatory Flexibility Analysis (``FRFA''), which conforms to the RFA. Need for, and Objectives of, the Rule Changes. The Federal Communications Commission (Commission) adopted a 39-month transition period during which television stations that are assigned to new channels in the incentive auction must construct their new facilities. The Commission determined that reassigned television stations that are eligible for reimbursement from the TV Broadcast Relocation Fund are required, on a regular basis, to provide progress reports to the Commission showing how the disbursed funds have been spent and what portion of construction is complete. In the Transition Progress Report Public Notice, the Media Bureau adopted a form for such progress reports and set the filing deadlines for such reports. The Public Notice requires that that reassigned television stations that are not eligible for reimbursement from the TV Broadcast Relocation Fund (Non- Reimbursable Stations) provide the same progress reports to the Commission on the same schedule as that specified for stations eligible for reimbursement. The Transition Progress Report Form requires all reassigned stations to certify that certain steps toward construction of their post-auction channel either have been completed or are not required, and to identify potential problems which they believe may make it difficult for them to meet their construction deadlines. The information in the progress reports will be used by the Commission, stations, and other interested parties to monitor the status of reassigned stations' construction during the 39-month transition period. Summary of Significant Issues Raised by Public Comments in Response to the IRFA. No formal comments were filed on the IRFA. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration. No comments were filed on the IRFA by the Small Business Administration. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. Below, we provide a description of such small entities, as well as an estimate of the number of such small entities, where feasible. Television Broadcasting. This Economic Census category ``comprises establishments primarily engaged in broadcasting images together with sound.'' These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. 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 Economic Census reports that 751 firms in this category operated in that year. Of that number, 656 had annual receipts of $25,000,000 or less, 25 had annual receipts between $25,000,000 and $49,999,999 and 70 had annual receipts of $50,000,000 or more. Based on this data we therefore estimate that the majority of commercial television broadcasters are small entities under the applicable SBA size standard. The Commission has estimated the number of licensed commercial television stations to be 1,384. Of this total, 1,264 stations (or about 91 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 February 24, 2017, and therefore these licensees qualify as small entities under the SBA definition. In addition, the Commission has estimated the number of licensed noncommercial educational (NCE) television stations to be 394. Notwithstanding, the Commission does not compile and otherwise does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. We note, however, that in assessing whether a business concern qualifies as small under the above definition, business (control) affiliations must be included. Our estimate, therefore, likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, an element of the definition of ``small business'' is that the entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply does not exclude any television station from the definition of a small business on this basis and is therefore possibly over-inclusive to that extent. Class A TV Stations. The same SBA definition that applies to television broadcast stations would apply to licensees of Class A television stations. As noted above, the SBA has created the following small business size standard [[Page 29772]] for this category: Those having $38.5 million or less in annual receipts. The Commission has estimated the number of licensed Class A television stations to be 417. Given the nature of these services, we will presume that these licensees qualify as small entities under the SBA definition. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. The Public Notice adopted the following new reporting requirements. Non-Reimbursable Stations must file the Transition Progress Report on a quarterly basis, with the first Report being filed beginning for the first full quarter after the release of a public notice announcing the completion of the incentive auction. The deadline for filing the first Report is October 10, 2017. We further require that Non-Reimbursable Stations file Transition Progress Reports: (1) 10 weeks before the end of their assigned construction deadline; (2) 10 days after they complete all work related to construction of their post-auction facilities; and (3) five days after they cease broadcasting on their pre-auction channel. The Transition Progress Reports will be filed electronically using the Commission's electronic filing system, and the Commission will make the filings viewable in stations' online public inspection files. All reassigned stations are assigned to one of 10 Post-Auction Transition Plan Phase with construction deadline requirements ranging from November 30, 2018 to July 3, 2020. Once a station has ceased operating on its pre-auction channel, it no longer needs to file reports. Steps Taken to Minimize Significant Impact on Small Entities, and Significant Alternatives Considered. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standard; and (4) an exemption from coverage of the rule, or any part thereof, for small entities. The reporting requirement adopted in the Public Notice will allow the Commission, broadcasters (including those filing the Reports), and other interested parties to more closely monitor the status of construction during the transition, and focus resources on ensuring successful completion of the transition by all reassigned stations and continuity of over-the-air television service. In addition, the burdens of the reporting requirements are minimal and we believe the benefits of the reporting requirements, which will facilitate the successful post-incentive auction transition, outweigh any burdens associated with compliance. Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rule. None. Report to Congress. The Commission will send a copy of the Public Notice, including this FRFA, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. A copy (or summary thereof) will also be published in the Federal Register. Report to Small Business Administration. The Commission will send a copy of the Public Notice, including this FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Thomas Horan, Chief of Staff. [FR Doc. 2017-13765 Filed 6-29-17; 8:45 am] BILLING CODE 6712-01-P
![29770 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
Number of Respondents and circumstances, the Commission requires Daily_Business/2017/db0518/DA-17-
Responses: 991 respondents; 991 the applicant to provide copies of their 484A1.pdf.
responses. agreements. The Commission did not
Synopsis
Estimated Time per Response: 0.5–1 anticipate that these revisions will
hours. impact the collection filing burden. The Incentive Auction Task Force and
Frequency of Response: OMB therefore approved the FCC Media Bureau (collectively, the
Recordkeeping requirement, on revision of its currently approved Commission) previously determined
occasion reporting requirement and information collection on FCC Form 608 that stations that are eligible for
periodic reporting requirement. to revise FCC Form 608 accordingly. reimbursement from the TV Broadcast
Obligation to Respond: Required to Relocation Fund in connection with
Federal Communications Commission.
obtain or retain benefits. Statutory their being assigned to a new channel
authority for this collection of Marlene H. Dortch, through the Incentive Auction must file
information is contained in 47 U.S.C. Secretary, Office of the Secretary. reports showing how the disbursed
154, 155, 158, 161, 301, 303(r), 308, 309, [FR Doc. 2017–12954 Filed 6–29–17; 8:45 am] funds have been spent and what portion
310 and 332. BILLING CODE 6712–01–P of the stations’ construction in
Total Annual Burden: 996 hours. complete, and sought comment on
Total Annual Cost: $1,282,075. whether non-reimbursable stations
Nature and Extent of Confidentiality: FEDERAL COMMUNICATIONS should also file reports to show what
In general there is no need for COMMISSION portion of the stations’ construction is
confidentiality with this collection of complete. These Transition Progress
information. 47 CFR Part 73 Reports will help the Commission,
Privacy Act Impact Assessment: No [MB Docket No. 16–306, GN Docket No. 12– broadcasters, those involved in
impact(s). 268; DA 17–484] construction of broadcast facilities,
Needs and Uses: FCC Form 608 is a other interested parties, and the public
multipurpose form. It is used to provide Transition Progress Report Form and to monitor the construction of stations.
notification or request approval for any Filing Requirements for Stations Not The Commission announces that each
spectrum leasing arrangement Eligible for Reimbursement From the full power and Class A television station
(‘‘Leases’’) entered into between an TV Broadcast Relocation Fund that will be changing channels during
existing licensee (‘‘Licensee’’) in certain the post-incentive auction transition
wireless services and a spectrum lessee AGENCY: Federal Communications
and is not eligible for reimbursement of
(‘‘Lessee’’). This form also is required to Commission.
its relocation costs from the TV
notify or request approval for any ACTION: Final rule.
Broadcast Relocation Fund established
spectrum subleasing arrangement SUMMARY: In this document, the Federal by the Middle Class Tax Relief and Job
(‘‘Sublease’’). The data collected on the Communications Commission Creation Act of 2012 must follow the
form is used by the FCC to determine (Commission) describes the information same progress reporting requirements as
whether the public interest would be that must be provided in periodic reimbursable stations and periodically
served by the Lease or Sublease. The progress reports (FCC Form 2100— file an FCC Form 2100—Schedule 387
form is also used to provide notification Schedule 387 (Transition Progress (Transition Progress Report) that is
for any Private Commons Arrangement Report)) by full power and Class A attached as Appendix A to the Public
entered into between a Licensee, Lessee, television stations that are not eligible to Notice DA 17–34. The appendix is
or Sublessee and a class of third-party receive payment of relocation expenses available at https://apps.fcc.gov/edocs_
users (as defined in Section 1.9080 of from the TV Broadcast Relocation Fund public/attachmatch/DA-17-34A1.docx.
the Commission’s Rules). in connection with their being assigned Non-Reimbursable stations must file
The OMB approved revisions to the to a new channel through the Incentive Transition Progress Reports using the
previously approved collection of Auction. Commission’s electronic filing system
information under OMB Control starting with first full calendar quarter
DATES: Effective June 30, 2017.
Number 3060–1058 to permit the after close of the Incentive Auction,
collection of the additional information ADDRESSES: Federal Communications which occurred on April 13, 2017, and
for Commission licenses and permits, Commission, 445 12th Street SW., on a quarterly basis thereafter. In
pursuant to the rules and information Washington, DC 20554. addition to these quarterly reports, Non-
collection requirements adopted by the FOR FURTHER INFORMATION CONTACT: Reimbursable stations must file the
Commission in the Part 1 R&O and the Joyce Bernstein, Joyce.Bernstein@ reports: (1) 10 weeks before the end of
Mobile Spectrum Holdings R&O. As part fcc.gov, (202) 418–1647, or Kevin their assigned construction deadline; (2)
of the collection, the Commission is Harding, Kevin.Harding@fcc.gov, (202) 10 days after they complete all work
seeking approval for the information 418–7077. related to construction of their post-
collection and recordkeeping SUPPLEMENTARY INFORMATION: This is a auction facilities; and (3) five days after
requirements associated with FCC Form summary of the Commission’s they cease broadcasting on their pre-
608. document, DA 17–484, MB Docket No. auction channel. Once a station has
In addition, OMB approved various 16–306, GN Docket No. 12–268, adopted filed a Transition Progress Report
other, non-substantive editorial/ and released May 18, 2017. The certifying that it has completed all work
consistency edits and updates to FCC complete text of this document is related to construction of its post-
Form 608 that corrected inconsistent available for inspection and copying auction facilities and has ceased
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capitalization of words and other during normal business hours in the operating on its pre-auction channel, it
typographical errors, and better align FCC Reference Information Center, will no longer be required to file reports.
the text on the form with the text in the Portals II, 445 12th Street SW., Room The Commission will automatically line
Commission rules both generally and in CY–A257, Washington, DC 20554. The the Transition Progress Reports to non-
connection with recent non-substantive, complete text of this document is also reimbursable stations’ online local
organizational amendments to the available for download at http:// public inspection file on the
Commission’s rules. Also, in certain transition.fcc.gov/Daily_Releases/ Commission’s Web site.
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![29772 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
for this category: Those having $38.5 during the transition, and focus framework process; establishes
million or less in annual receipts. The resources on ensuring successful spawning SMZs off North Carolina,
Commission has estimated the number completion of the transition by all South Carolina, and Florida; establishes
of licensed Class A television stations to reassigned stations and continuity of transit and anchoring provisions in the
be 417. Given the nature of these over-the-air television service. In spawning SMZs; and establishes a
services, we will presume that these addition, the burdens of the reporting sunset provision for most of the
licensees qualify as small entities under requirements are minimal and we spawning SMZs. This final rule also
the SBA definition. believe the benefits of the reporting moves the boundary of the existing
Description of Projected Reporting, requirements, which will facilitate the Charleston Deep Artificial Reef Marine
Recordkeeping, and Other Compliance successful post-incentive auction Protected Area (MPA). The purpose of
Requirements. The Public Notice transition, outweigh any burdens this final rule is to protect spawning
adopted the following new reporting associated with compliance. snapper-grouper species and the habitat
requirements. Non-Reimbursable Federal Rules that May Duplicate, where they spawn, and to reduce
Stations must file the Transition Overlap, or Conflict With the Proposed bycatch and bycatch mortality for
Progress Report on a quarterly basis, Rule. None. snapper-grouper species, including
with the first Report being filed Report to Congress. The Commission speckled hind and warsaw grouper.
beginning for the first full quarter after will send a copy of the Public Notice, DATES: This final rule is effective July
the release of a public notice including this FRFA, in a report to be 31, 2017.
announcing the completion of the sent to Congress and the Government ADDRESSES: Electronic copies of
incentive auction. The deadline for Accountability Office pursuant to the Amendment 36 may be obtained from
filing the first Report is October 10, Congressional Review Act. A copy (or www.regulations.gov or the Southeast
2017. We further require that Non- summary thereof) will also be published Regional Office Web site at http://
Reimbursable Stations file Transition in the Federal Register. sero.nmfs.noaa.gov. Amendment 36
Progress Reports: (1) 10 weeks before Report to Small Business includes an environmental assessment,
the end of their assigned construction Administration. The Commission will
deadline; (2) 10 days after they complete Regulatory Flexibility Act (RFA)
send a copy of the Public Notice, analysis, regulatory impact review, and
all work related to construction of their including this FRFA, to the Chief
post-auction facilities; and (3) five days fishery impact statement.
Counsel for Advocacy of the Small FOR FURTHER INFORMATION CONTACT:
after they cease broadcasting on their Business Administration.
pre-auction channel. The Transition Frank Helies, NMFS Southeast Regional
Progress Reports will be filed Federal Communications Commission. Office, telephone: 727–824–5305, or
electronically using the Commission’s Thomas Horan, email: frank.helies@noaa.gov.
electronic filing system, and the Chief of Staff. SUPPLEMENTARY INFORMATION: The
Commission will make the filings [FR Doc. 2017–13765 Filed 6–29–17; 8:45 am] snapper-grouper fishery in the South
viewable in stations’ online public BILLING CODE 6712–01–P Atlantic region is managed under the
inspection files. All reassigned stations FMP and includes speckled hind and
are assigned to one of 10 Post-Auction warsaw grouper, along with other
Transition Plan Phase with construction DEPARTMENT OF COMMERCE snapper-grouper species. The FMP was
deadline requirements ranging from prepared by the Council and is
November 30, 2018 to July 3, 2020. National Oceanic and Atmospheric implemented by NMFS through
Once a station has ceased operating on Administration regulations at 50 CFR part 622 under the
its pre-auction channel, it no longer authority of the Magnuson-Stevens
needs to file reports. 50 CFR Part 622 Fishery Conservation and Management
Steps Taken to Minimize Significant Act (Magnuson-Stevens Act).
Impact on Small Entities, and [Docket No. 161020986–7352–02] On January 4, 2017, NMFS published
Significant Alternatives Considered. The a notice of availability of Amendment
RIN 0648–BG38
RFA requires an agency to describe any 36 and requested public comment (82
significant alternatives that it has Fisheries of the Caribbean, Gulf of FR 810). On January 18, 2017, NMFS
considered in reaching its proposed Mexico, and South Atlantic; Snapper- published the proposed rule to
approach, which may include the Grouper Fishery of the South Atlantic implement Amendment 36 and
following four alternatives (among Region; Amendment 36 requested public comment (82 FR 5512).
others): (1) The establishment of The proposed rule and Amendment 36
differing compliance or reporting AGENCY: National Marine Fisheries outline the rationale for the actions
requirements or timetables that take into Service (NMFS), National Oceanic and contained in this final rule. A summary
account the resources available to small Atmospheric Administration (NOAA), of the actions implemented by
entities; (2) the clarification, Commerce. Amendment 36 and this final rule is
consolidation, or simplification of ACTION: Final rule. provided below.
compliance or reporting requirements
under the rule for small entities; (3) the SUMMARY: NMFS issues regulations to Management Measures Contained in
use of performance, rather than design, implement Amendment 36 to the This Final Rule
standard; and (4) an exemption from Fishery Management Plan (FMP) for the This final rule modifies the FMP
coverage of the rule, or any part thereof, Snapper-Grouper Fishery of the South framework procedures to allow
mstockstill on DSK30JT082PROD with RULES
for small entities. Atlantic Region as prepared and spawning SMZs to be established or
The reporting requirement adopted in submitted by the South Atlantic Fishery modified through the framework
the Public Notice will allow the Management Council (Council). This process; establishes spawning SMZs off
Commission, broadcasters (including final rule modifies the FMP framework North Carolina, South Carolina, and
those filing the Reports), and other procedures to allow spawning special Florida; establishes transit and
interested parties to more closely management zones (SMZs) to be anchoring provisions in the spawning
monitor the status of construction established or modified through the SMZs; establishes a sunset provision for
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Document Created: 2017-06-30 06:01:40
Document Modified: 2017-06-30 06:01:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 30, 2017. | |
| Contact | Joyce Bernstein, [email protected], (202) 418-1647, or Kevin Harding, [email protected], (202) 418-7077. | |
| FR Citation | 82 FR 29770 |
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