82_FR_37507 82 FR 37354 - Channel Sharing Rules

82 FR 37354 - Channel Sharing Rules

FEDERAL COMMUNICATIONS COMMISSIONS

Federal Register Volume 82, Issue 153 (August 10, 2017)

Page Range37354-37358
FR Document2017-16848

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collections associated with the Commission's decision, in Report and Order, Channel Sharing by Full Power and Class A Stations Outside of the Broadcast Television Spectrum Incentive Auction Context. Specifically, OMB has approved the Commission's rules that require that sharing stations: file applications for construction permit and license to implement their channel sharing arrangement (CSA); that they include a copy of their CSA with their construction permit application; and that they provide notice of their CSA to multichannel video programming distributors (MVPDs). OMB also approved changes to the Commission's Form 2100 Schedules A, B, C, D, E and F to implement these changes. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of these rule changes.

Federal Register, Volume 82 Issue 153 (Thursday, August 10, 2017)
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37354-37358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16848]


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FEDERAL COMMUNICATIONS COMMISSIONS

47 CFR Parts 73 and 74

[MB Docket Nos. 03-185, 15-137; GN Docket No. 12-268; FCC 17-29]


Channel Sharing Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, the information collections 
associated with the Commission's decision, in Report and Order, Channel 
Sharing by Full Power and Class A Stations Outside of the Broadcast 
Television Spectrum Incentive Auction Context. Specifically, OMB has 
approved the Commission's rules that require that sharing stations: 
file applications for construction permit and license to implement 
their channel sharing arrangement (CSA); that they include a copy of 
their CSA with their construction permit application; and that they 
provide notice of their CSA to multichannel video programming 
distributors (MVPDs). OMB also approved changes to the Commission's 
Form 2100 Schedules A, B, C, D, E and F to implement these changes. 
This document is consistent with the Report and Order, which stated 
that the Commission would publish a document in the Federal Register 
announcing OMB approval and the effective date of these rule changes.

DATES: The final rules regarding 47 CFR 73.3800, 73.6028, 74.799 and 
FCC Form 2100, Schedules A, B, C, D, E and F published at 82 FR 18240 
on April 18, 2017, are effective August 10, 2017.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Cathy

[[Page 37355]]

Williams, [email protected], (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirements contained in the Commission's 
Report and Order, FCC 17-29, published at 82 FR 18240, April 18, 2017. 
The OMB Control Numbers are 3060-0016, 3060-0017, 3060-0027, 3060-0837, 
3060-0928, 3060-0932, 3060-1176, and 3060-1177. The Commission 
publishes this notice as an announcement of the effective date of the 
rules. If you have any comments on the burden estimates listed below, 
or how the Commission can improve the collections and reduce any 
burdens caused thereby, please contact Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street SW., 
Washington, DC 20554. Please include the OMB Control Numbers, 3060-
0016, 3060-0017, 3060-0027, 3060-0837, 3060-0928, 3060-0932, 3060-1176, 
and 3060-1177 in your correspondence. The Commission will also accept 
your comments via the Internet if you send them to [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval for the modified collection requirements contained in the 
Commission's rules at 47 CFR 73.3800, 73.6028, and 74.799 and in OMB 
Control Numbers 3060-0016, 3060-0017, 3060-0027, 3060-0837, 3060-0928, 
3060-0932, 3060-1176, and 3060-1177. Under 5 CFR 1320, an agency may 
not conduct or sponsor a collection of information unless it displays a 
current, valid OMB Control Number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the Paperwork Reduction Act that does not display a current, valid 
OMB Control Number. The OMB Control Numbers are 3060-0016, 3060-0017, 
3060-0027, 3060-0837, 3060-0928, 3060-0932, 3060-1176, and 3060-1177.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control No.: 3060-0016.
    OMB Approval Date: July 25, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule C (Former FCC Form 346); Sections 
74.793(d) and 74.787, Low Power Television (LPTV) Out-of-Core Digital 
Displacement Application; Section 73.3700(g)(1)-(3), Post-Incentive 
Auction Licensing and Operations; Section 74.799, Low Power Television 
and TV Translator Channel Sharing.
    Form No.: FCC Form 2100, Schedule C.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 4,460 respondents and 4,460 
responses.
    Estimated Time per Response: 2.5-7 hours (total of 9.5 hours).
    Frequency of Response: One-time reporting requirement; on occasion 
reporting requirement; third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Section 154(i), 
303, 307, 308 and 309 of the Communications Act of 1934, as amended.
    Total Annual Burden: 42,370 hours.
    Annual Cost Burden: $24,744,080.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: FCC Form 2100, Schedule C is used by licensees/
permittees/applicants when applying for authority to construct or make 
changes in a Low Power Television, TV Translator or TV Booster 
broadcast station.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted a Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, Low Power 
Television (LPTV) and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule C 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 section 
74.799 (previously 74.800) permits LPTV and TV translator stations to 
seek approval to share a single television channel with other LPTV and 
TV translator stations and with full power and Class A stations. 
Stations interested in terminating operations and sharing another 
station's channel must submit FCC Form 2100 Schedule C in order to have 
the channel sharing arrangement approved. If the sharing station is 
proposing to make changes to its facility to accommodate the channel 
sharing, it must also file FCC Form 2100 Schedule C.
    OMB Control Number: 3060-0017.
    OMB Approval Date: July 26, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: Application for Media Bureau Audio and Video Service 
Authorization, FCC 2100, Schedule D.
    Form Number: FCC Form 2100, Schedule D.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents/Responses: 570 respondents; 570 responses.
    Estimated Hours per Response: 1.5 hours per response.
    Frequency of Response: One time reporting requirement; On occasion 
reporting requirement.
    Total Annual Burden: 855 hours.
    Total Annual Cost: $68,400.
    Obligation to Respond: Required to obtain benefits. The statutory 
authority for this information collection is contained in sections 
154(i), 301, 303, 307, 308 and 309 of the Communications Act of 1934, 
as amended.
    Nature and Extend of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: Applicants/licensees/permittees are required to 
file FCC Form 2100, Schedule D when applying for a Low Power 
Television, TV Translator or TV Booster Station License.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel

[[Page 37356]]

sharing outside of the incentive auction context between full power, 
Class A, Low Power Television (LPTV) and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule D 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 section 
74.799 (previously 74.800) permits LPTV and TV translator stations to 
seek approval to share a single television channel with other LPTV and 
TV translator stations and with full power and Class A stations. 
Stations interested in terminating operations and sharing another 
station's channel must submit FCC Form 2100 Schedule D in order to 
complete the licensing of their channel sharing arrangement.
    OMB Control No.: 3060-0027.
    OMB Approval Date: July 26, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301; FCC Form 2100, Application for Media Bureau 
Audio and Video Service Authorization, Schedule A; 47 CFR 73.3700(b)(1) 
and (2) and 73.3800, Post Auction Licensing.
    Form No.: FCC Form 2100, Schedule A.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal Government.
    Number of Respondents and Responses: 3,090 respondents and 6,526 
responses.
    Estimated Time per Response: 1-6.25 hours.
    Frequency of Response: One-time reporting requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 
154(i), 303 and 308 of the Communications Act of 1934, as amended.
    Total Annual Burden: 15,317 hours.
    Annual Cost Burden: $62,444,288.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The Commission submitted this information 
collection to OMB for approval which resulted from the rule provisions 
adopted in the FCC 17-29. On March 23, 2017, the Commission adopted the 
Report and Order, Channel Sharing by Full Power and Class A Stations 
Outside the Broadcast Television Spectrum Incentive Auction Context, GN 
Docket No. 12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-
29 (``Report and Order''). This document approved channel sharing 
outside of the incentive auction context between full power, Class A, 
Low Power Television (LPTV) and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule A 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.3800 
allows full power television stations to channel share with other full 
power stations, Class A, LPTV and TV translator stations outside of the 
incentive auction context. Full power stations file FCC Form 2100, 
Schedule A in order to obtain Commission approval to operate on a 
shared channel.
    OMB Control No.: 3060-0837.
    OMB Approval Date: July 26, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule B (Former FCC Form 302-DTV), Section 
73.3700(b)(3) and Section 73.3700(h)(2).
    Form No.: FCC Form 2100, Schedule B.
    Respondents: Business or other for-profit entities; Not for profit 
institutions.
    Number of Respondents and Responses: 975 respondents and 975 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement and on 
occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 
154(i), 307, 308, 309, and 319 of the Communications Act of 1934, as 
amended; the Community Broadcasters Protection Act of 1999, Public Law 
106-113, 113 Stat. Appendix I at pp. 1501A-594-1501A-598 (1999) 
(codified at 47 U.S.C. 336(f)); and the Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, 6402 (codified at 47 U.S.C. 
309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012) 
(Spectrum Act).
    Total Annual Burden: 1,950 hours.
    Annual Cost Burden: $585,945.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: FCC Form 2100, Schedule B (formerly FCC Form 302-
DTV) is used by licensees and permittees of full power broadcast 
stations to obtain a new or modified station license and/or to notify 
the Commission of certain changes in the licensed facilities of those 
stations. It may be used: (1) To cover an authorized construction 
permit (or auxiliary antenna), provided that the facilities have been 
constructed in compliance with the provisions and conditions specified 
on the construction permit; or (2) To implement modifications to 
existing licenses as permitted by 47 CFR 73.1675(c) or 73.1690(c).
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, (Low Power 
Television) LPTV and TV translator stations.
    Although there are no changes to the FCC Form 2100, Schedule B 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.3800 
allows full power television stations to channel share with other full 
power stations, Class A, LPTV and TV translator stations outside of the 
incentive auction context. Full power stations file FCC Form 2100, 
Schedule B in order to complete the licensing of their shared channel.
    OMB Control No.: 3060-0928.
    OMB Approval Date: July 27, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule F (Formerly FCC 302-CA); 47 CFR 
73.6028.
    Form No.: FCC Form 2100, Schedule F.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, local or Tribal Government.
    Number of Respondents and Responses: 975 respondents and 975 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement and on 
occasion reporting requirement.
    Total Annual Burden: 1,950 hours.
    Annual Cost Burden: $307,125.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.

[[Page 37357]]

    Needs and Uses: The FCC Form 2100, Schedule F is used by Low Power 
TV (LPTV) stations that seek to convert to Class A status; existing 
Class A stations seeking a license to cover their authorized 
construction permit facilities; and Class A stations entering into a 
channel sharing agreement. The FCC Form 2100, Schedule F requires a 
series of certifications by the Class A applicant as prescribed by the 
Community Broadcasters Protection Act of 1999 (CBPA). Licensees will be 
required to provide weekly announcements to their listeners: (1) 
Informing them that the applicant has applied for a Class A license and 
(2) announcing the public's opportunity to comment on the application 
prior to Commission action.
    The Commission submitted this information collection to OMB for 
approval which resulted from the provisions adopted in the FCC 17-29. 
On March 23, 2017, the Commission adopted the Report and Order, Channel 
Sharing by Full Power and Class A Stations Outside the Broadcast 
Television Spectrum Incentive Auction Context, GN Docket No. 12-268, MB 
Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report and 
Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, LPTV and TV 
translator stations.
    Although there are no changes to the FCC Form 2100, Schedule F 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.6028 
permits Class A stations to seek approval to share a single television 
channel with LPTV, TV translator, full power and Class A television 
stations. Class A stations interested in terminating operations and 
sharing another station's channel must submit FCC Form 2100 Schedule F 
in order to complete the licensing of their channel sharing 
arrangement.
    OMB Control No.: 3060-0932.
    OMB Approval Date: July 27, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: FCC Form 2100, Application for Media Bureau Audio and Video 
Service Authorization, Schedule E (Former FCC Form 301-CA); 47 CFR 
73.3700(b)(1)(i)-(v) and (vii), (b)(2)(i) and (ii); 47 CFR Section 
74.793(d).
    Form No.: FCC Form 2100, Schedule E (Application for Media Bureau 
Audio and Video Service Authorization) (Former FCC Form 301-CA).
    Respondents: Business or other for-profit entities; Not for profit 
institutions; State, Local or Tribal Government.
    Number of Respondents and Responses: 745 respondents and 745 
responses.
    Estimated Time per Response: 2.25 hours-6 hours (for a total of 
8.25 hours).
    Frequency of Response: One-time reporting requirement; On occasion 
reporting requirement; Third party disclosure requirement; 
Recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 151, 
154(i), 157 and 309(j) as amended; Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, 6402 (codified at 47 U.S.C. 
309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012) 
(Spectrum Act) and the Community Broadcasters Protection Act of 1999.
    Total Annual Burden: 6,146 hours.
    Annual Cost Burden: $4,035,550.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: FCC Form 2100, Schedule E (formerly FCC Form 301-
CA) is to be used in all cases by a Class A television station 
licensees seeking to make changes in the authorized facilities of such 
station. FCC Form 2100, Schedule E requires applicants to certify 
compliance with certain statutory and regulatory requirements. Detailed 
instructions on the FCC Form 2100, Schedule E provide additional 
information regarding Commission rules and policies. FCC Form 2100, 
Schedule E is presented primarily in a ``Yes/No'' certification format. 
However, it contains appropriate places for submitting explanations and 
exhibits where necessary or appropriate. Each certification constitutes 
a material representation. Applicants may only mark the ``Yes'' 
certification when they are certain that the response is correct. A 
``No'' response is required if the applicant is requesting a waiver of 
a pertinent rule and/or policy, or where the applicant is uncertain 
that the application fully satisfies the pertinent rule and/or policy. 
FCC Form 2100, Schedule E filings made to implement post-auction 
channel changes will be considered minor change applications.
    Class A applications for a major change are subject to third party 
disclosure requirement of Section 73.3580 which requires local public 
notice in a newspaper of general circulation of the filing of all 
applications for major changes in facilities. This notice must be 
completed within 30 days of the tendering of the application. This 
notice must be published at least twice a week for two consecutive 
weeks in a three-week period. A copy of this notice must be placed in 
the public inspection file along with the application.
    47 CFR 74.793(d) requires that digital low power and TV translator 
stations shall be required to submit information as to vertical 
radiation patterns as part of their applications (FCC Forms 346 and 
301-CA) for new or modified construction permits.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 17-
29. On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, LPTV and TV 
translator stations.
    Although there are no changes to the FCC Form 2100, Schedule E 
itself, there are changes to the substance, burden hours, and costs as 
described herein.
    The information collection requirements contained in 47 CFR 73.6028 
permits Class A stations to seek approval to share a single television 
channel with Low Power Television (LPTV), TV translator, full power and 
Class A television stations. Class A stations interested in terminating 
operations and sharing another station's channel must submit FCC Form 
2100 Schedule E in order to obtain Commission approval for their 
channel sharing arrangement.
    OMB Control Number: 3060-1176.
    OMB Approval Date: July 31, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: MVPD Notice, Section 73.3700.
    Form Number: Not applicable.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 735 respondents; 735 
responses.
    Estimated Hours per Response: 1-2 hours.
    Frequency of Response: One time reporting requirement; Third party 
disclosure requirement.
    Total Annual Burden: 1,397 hours.
    Total Annual Cost: $43,800.
    Obligation to Respond: Required to obtain benefits. The statutory 
authority for this information collection is contained in sections 1, 
4(i) and (j), 7, 154(i), 301, 302, 303, 307, 308, 309, 312, 316, 318, 
319, 324, 325, 336 and 337 of

[[Page 37358]]

the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).

which adopted rules for holding an Incentive Auction. Full power and 
Class A stations will be reassigned to a new channel via the repacking 
following the auction. Other stations will submit winning bids to 
relinquish their channels, enter into channel sharing agreements (and 
move to the channel of the station they are sharing with); or to move 
from high-VHF to low-VHF channels or from UHF to high-VHF or low-VHF. 
Each of these stations are required to notify multichannel video 
programming providers (``MVPD'') that carry the station of the fact 
that the station will be changing channels or terminating operations.
    The information collection requirements contained in 47 CFR 73.3700 
requires that full power and Class A television stations assigned a new 
channel in the incentive auction repacking, relinquishing their channel 
or moving to a new channel as a result of a winning bid in the auction, 
notify MVPDs of their termination of operations or change in channel.
    On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, Low Power 
Television (LPTV) and TV translator stations. Channel sharing stations 
also must notify MVPDs of the fact that stations will be terminating 
operations on one channel to share another station's channel.
    The information collection requirements contained in 47 CFR 
73.3800, Full Power Television Channel Sharing Outside the Incentive 
Auction, Section 73.6028 Class A Television Channel Sharing Outside the 
Incentive Auction and Section 74.799 Low Power Television and TV 
Translator Channel Sharing require that stations seeking to channel 
share outside of the incentive auction provide notification to MVPDs of 
the fact that the station will be terminating operations on one channel 
to share another station's channel.
    OMB Control No.: 3060-1177.
    OMB Approval Date: July 31, 2017.
    OMB Expiration Date: July 31, 2020.
    Title: 47 CFR 74.800 (redesignated 47 CFR 74.799), Channel Sharing 
Agreement (CSA).
    Form Number: Not applicable.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or Tribal government.
    Number of Respondents and Responses: 160 respondents; 160 
responses.
    Estimated Hours per Response: 1 hr.
    Frequency of Response: One time reporting requirement.
    Total Annual Burden: 160 hours.
    Total Annual Cost: $86,400.
    Obligation to Respond: Required to obtain benefits. The statutory 
authority for this information collection is contained in sections 1, 
4(i) and (j), 7, 154(i), 301, 302, 303, 307, 308, 309, 312, 316, 318, 
319, 324, 325, 336 and 337 of the Communications Act of 1934, as 
amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: Full power and Class A television stations that 
agree to share a single television channel in conjunction with the 
incentive auction and low power television (LPTV) and TV translator 
stations that channel share outside of the auction context are required 
to reduce their agreement (CSA) to writing and submit a copy to the 
Commission for review. There is no specified format for the CSA but it 
must contain provisions covering: a. Access to facilities, including 
whether each licensee will have unrestrained access to the shared 
transmission facilities; b. Allocation of bandwidth within the shared 
channel; c. Operation, maintenance, repair, and modification of 
facilities, including a list of all relevant equipment, a description 
of each party's financial obligations, and any relevant notice 
provisions; d. Transfer/assignment of a shared license, including the 
ability of a new licensee to assume the existing CSA; e. Termination of 
the license of a party to the CSA, including reversion of spectrum 
usage rights to the remaining parties to the CSA and f. A provision 
affirming compliance with the channel sharing requirements in the rules 
including a provision requiring that each channel sharing licensee 
shall retain spectrum usage rights adequate to ensure a sufficient 
amount of the shared channel capacity to allow it to provide at least 
one Standard Definition (SD) program stream at all times.
    The Commission submitted this information collection to OMB for 
approval which resulted from the rule provisions adopted in the FCC 14-
50 and FCC 17-29.
    On June 2, 2014 the Commission released a rulemaking titled 
``Expanding the Economic and Innovation Opportunities of Spectrum 
Through Incentive Auctions,'' GN Docket 12-268, Report and Order, FCC 
14-50, 29 FCC Rcd 6567 (2014) which adopted rules for holding an 
Incentive Auction. Full power and Class A stations are permitted to 
propose to relinquish their channels in the auction and to share the 
channel of another station.
    The information collection requirements contain in 47 CFR 73.3700 
requires that full power and Class A television stations seeking 
approval to channel share in the incentive auction provide the 
Commission with a copy of their CSA for review.
    On March 23, 2017, the Commission adopted the Report and Order, 
Channel Sharing by Full Power and Class A Stations Outside the 
Broadcast Television Spectrum Incentive Auction Context, GN Docket No. 
12-268, MB Docket No. 03-185, MB Docket No. 15-137, FCC 17-29 (``Report 
and Order''). This document approved channel sharing outside of the 
incentive auction context between full power, Class A, Low Power 
Television (LPTV) and TV translator stations.
    The information collection requirements contained in 47 CFR 
73.3800, Full Power Television Channel Sharing Outside the Incentive 
Auction, Section 73.6028, Class A Television Channel Sharing Outside 
the Incentive Auction and Section 73.799, Low Power Television and TV 
Translator Channel Sharing require that stations seeking to channel 
share outside of the incentive auction provide a copy of their ``CSA'' 
to the Commission for review.

Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2017-16848 Filed 8-9-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                37354            Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations

                                                the Commission previously sought                           (b) * * *                                          aired on its primary broadcasting stream
                                                specific comment on how we might                           (1) Beginning July 1, 2015,                        towards its quarterly requirement. A
                                                ‘‘further reduce the information                        commercial television broadcast stations              broadcaster carrying one of the top four
                                                collection burden for small business                    that are affiliated with one of the top               commercial television broadcast
                                                concerns with fewer than 25                             four commercial television broadcast                  networks on a secondary stream may
                                                employees.’’                                            networks (ABC, CBS, Fox, and NBC),                    count programs aired on that stream
                                                                                                        and that are licensed to a community                  toward its quarterly requirement for that
                                                VI. Ordering Clauses
                                                                                                        located in the top 60 DMAs, as                        network only.
                                                   1. It is ordered that, pursuant to the               determined by The Nielsen Company as                  *     *     *    *     *
                                                Twenty-First Century Communications                     of January 1, 2015, must provide 50                     (4) Once an MVPD as defined under
                                                and Video Accessibility Act of 2010,                    hours of video description per calendar               paragraph (b)(4) of this section:
                                                Public Law 111–260, 124 Stat. 2751, and                 quarter, either during prime time or on
                                                the authority contained in Section 713                                                                        *     *     *    *     *
                                                                                                        children’s programming, and, beginning
                                                of the Communications Act of 1934, as                   July 1, 2018, 37.5 additional hours of                [FR Doc. 2017–15526 Filed 8–9–17; 8:45 am]
                                                amended, 47 U.S.C. 613, this Report and                 video description per calendar quarter                BILLING CODE 6712–01–P
                                                Order is hereby adopted.                                between 6 a.m. and 11:59 p.m. local
                                                   2. It is further ordered that part 79 of             time, on each programming stream on
                                                the Commission’s rules, 47 CFR part 79,                 which they carry one of the top four                  FEDERAL COMMUNICATIONS
                                                is amended as set forth herein, and such                commercial television broadcast                       COMMISSIONS
                                                rule amendments shall be effective                      networks. If a station in one of these
                                                September 11, 2017.                                                                                           47 CFR Parts 73 and 74
                                                                                                        markets becomes affiliated with one of
                                                   3. It is further ordered that the                    these networks after July 1, 2015, it
                                                Commission’s Consumer and                               must begin compliance with these                      [MB Docket Nos. 03–185, 15–137; GN
                                                Governmental Affairs Bureau, Reference                                                                        Docket No. 12–268; FCC 17–29]
                                                                                                        requirements no later than three months
                                                Information Center, shall send a copy of                after the affiliation agreement is
                                                this Report and Order, including the                                                                          Channel Sharing Rules
                                                                                                        finalized;
                                                Final Regulatory Flexibility Analysis, to                                                                     AGENCY:   Federal Communications
                                                                                                        *      *     *     *     *
                                                the Chief Counsel for Advocacy of the                                                                         Commission.
                                                                                                           (4) Multichannel video programming
                                                Small Business Administration.                                                                                ACTION: Final rule; announcement of
                                                                                                        distributor (MVPD) systems that serve
                                                   4. It is further ordered that the
                                                                                                        50,000 or more subscribers must                       effective date.
                                                Commission shall send a copy of this
                                                                                                        provide 50 hours of video description
                                                Report and Order in a report to be sent                                                                       SUMMARY:   In this document, the Federal
                                                                                                        per calendar quarter during prime time
                                                to Congress and the Government                                                                                Communications Commission
                                                                                                        or children’s programming, and,
                                                Accountability Office pursuant to the                                                                         (Commission) announces that the Office
                                                                                                        beginning July 1, 2018, 37.5 additional
                                                Congressional Review Act, see 5 U.S.C.                                                                        of Management and Budget (OMB) has
                                                                                                        hours of video description per calendar
                                                801(a)(1)(A).                                                                                                 approved, for a period of three years, the
                                                                                                        quarter between 6 a.m. and 11:59 p.m.
                                                List of Subjects in 47 CFR Part 79                      local time, on each channel on which                  information collections associated with
                                                                                                        they carry one of the top five national               the Commission’s decision, in Report
                                                   Cable television operators,                                                                                and Order, Channel Sharing by Full
                                                Multichannel video programming                          nonbroadcast networks, as defined by
                                                                                                        an average of the national audience                   Power and Class A Stations Outside of
                                                distributors (MVPDs), Satellite                                                                               the Broadcast Television Spectrum
                                                television service providers.                           share during prime time of
                                                                                                        nonbroadcast networks that reach 50                   Incentive Auction Context. Specifically,
                                                Federal Communications Commission.                                                                            OMB has approved the Commission’s
                                                                                                        percent or more of MVPD households
                                                Marlene H. Dortch,                                      and have at least 50 hours per quarter                rules that require that sharing stations:
                                                Secretary.                                              of prime time programming that is not                 file applications for construction permit
                                                                                                        live or near-live or otherwise exempt                 and license to implement their channel
                                                Final Rules
                                                                                                        under these rules. Initially, the top five            sharing arrangement (CSA); that they
                                                  For the reasons discussed in the                                                                            include a copy of their CSA with their
                                                                                                        networks are those determined by The
                                                preamble, the Federal Communications                                                                          construction permit application; and
                                                                                                        Nielsen Company, for the time period
                                                Commission amends 47 CFR part 79 as                                                                           that they provide notice of their CSA to
                                                                                                        October 2009–September 2010, and will
                                                follows:                                                                                                      multichannel video programming
                                                                                                        update at three year intervals. The first
                                                                                                        update will be July 1, 2015, based on the             distributors (MVPDs). OMB also
                                                PART 79—ACCESSIBILITY OF VIDEO                                                                                approved changes to the Commission’s
                                                PROGRAMMING                                             ratings for the time period October
                                                                                                        2013–September 2014; the second will                  Form 2100 Schedules A, B, C, D, E and
                                                ■ 1. The authority citation for part 79                 be July 1, 2018, based on the ratings for             F to implement these changes. This
                                                continues to read as follows:                           the time period October 2016–                         document is consistent with the Report
                                                                                                        September 2017; and so on; and                        and Order, which stated that the
                                                  Authority: 47 U.S.C. 151, 152(a), 154(i),
                                                                                                                                                              Commission would publish a document
                                                303, 307, 309, 310, 330, 544a, 613, 617.                *      *     *     *     *
                                                                                                           (c) * * *                                          in the Federal Register announcing
                                                ■ 2. Amend § 79.3 by revising paragraph                                                                       OMB approval and the effective date of
                                                (b)(1), removing and reserving                             (2) In order to meet its quarterly
                                                                                                        requirement, a broadcaster or MVPD                    these rule changes.
                                                paragraph (b)(2), and revising
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                                                                                                        may count each program it airs with                   DATES: The final rules regarding 47 CFR
                                                paragraphs (b)(4), (c)(2), and (c)(4)                                                                         73.3800, 73.6028, 74.799 and FCC Form
                                                introductory text.                                      video description no more than a total
                                                                                                        of two times on each channel on which                 2100, Schedules A, B, C, D, E and F
                                                  The revisions read as follows:
                                                                                                        it airs the program. A broadcaster or                 published at 82 FR 18240 on April 18,
                                                § 79.3 Video description of video                       MVPD may count the second airing in                   2017, are effective August 10, 2017.
                                                programming.                                            the same or any one subsequent quarter.               FOR FURTHER INFORMATION CONTACT: For
                                                *      *     *       *      *                           A broadcaster may only count programs                 additional information contact Cathy


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                                                                 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations                                          37355

                                                Williams, Cathy.Williams@fcc.gov, (202)                    The total annual reporting burdens                 are changes to the substance, burden
                                                418–2918.                                               and costs for the respondents are as                  hours, and costs as described herein.
                                                SUPPLEMENTARY INFORMATION: This                         follows:                                                 The information collection
                                                document announces that OMB                                OMB Control No.: 3060–0016.                        requirements contained in 47 section
                                                approved the information collection                        OMB Approval Date: July 25, 2017.                  74.799 (previously 74.800) permits
                                                                                                           OMB Expiration Date: July 31, 2020.                LPTV and TV translator stations to seek
                                                requirements contained in the                              Title: FCC Form 2100, Application for
                                                Commission’s Report and Order, FCC                                                                            approval to share a single television
                                                                                                        Media Bureau Audio and Video Service                  channel with other LPTV and TV
                                                17–29, published at 82 FR 18240, April                  Authorization, Schedule C (Former FCC
                                                18, 2017. The OMB Control Numbers                                                                             translator stations and with full power
                                                                                                        Form 346); Sections 74.793(d) and                     and Class A stations. Stations interested
                                                are 3060–0016, 3060–0017, 3060–0027,                    74.787, Low Power Television (LPTV)
                                                3060–0837, 3060–0928, 3060–0932,                                                                              in terminating operations and sharing
                                                                                                        Out-of-Core Digital Displacement                      another station’s channel must submit
                                                3060–1176, and 3060–1177. The                           Application; Section 73.3700(g)(1)–(3),
                                                Commission publishes this notice as an                                                                        FCC Form 2100 Schedule C in order to
                                                                                                        Post-Incentive Auction Licensing and                  have the channel sharing arrangement
                                                announcement of the effective date of                   Operations; Section 74.799, Low Power
                                                the rules. If you have any comments on                                                                        approved. If the sharing station is
                                                                                                        Television and TV Translator Channel                  proposing to make changes to its facility
                                                the burden estimates listed below, or                   Sharing.
                                                how the Commission can improve the                                                                            to accommodate the channel sharing, it
                                                                                                           Form No.: FCC Form 2100, Schedule
                                                collections and reduce any burdens                                                                            must also file FCC Form 2100 Schedule
                                                                                                        C.
                                                caused thereby, please contact Cathy                       Respondents: Business or other for-                C.
                                                Williams, Federal Communications                                                                                 OMB Control Number: 3060–0017.
                                                                                                        profit entities; Not for profit institutions;
                                                Commission, Room 1–C823, 445 12th                                                                                OMB Approval Date: July 26, 2017.
                                                                                                        State, local or Tribal government.                       OMB Expiration Date: July 31, 2020.
                                                Street SW., Washington, DC 20554.                          Number of Respondents and
                                                                                                                                                                 Title: Application for Media Bureau
                                                Please include the OMB Control                          Responses: 4,460 respondents and 4,460
                                                                                                                                                              Audio and Video Service Authorization,
                                                Numbers, 3060–0016, 3060–0017, 3060–                    responses.
                                                                                                           Estimated Time per Response: 2.5–7                 FCC 2100, Schedule D.
                                                0027, 3060–0837, 3060–0928, 3060–
                                                                                                                                                                 Form Number: FCC Form 2100,
                                                0932, 3060–1176, and 3060–1177 in                       hours (total of 9.5 hours).
                                                                                                           Frequency of Response: One-time                    Schedule D.
                                                your correspondence. The Commission                                                                              Respondents: Business or other for
                                                will also accept your comments via the                  reporting requirement; on occasion
                                                                                                        reporting requirement; third party                    profit entities; Not for profit institutions;
                                                Internet if you send them to PRA@                                                                             State, local or Tribal government.
                                                fcc.gov.                                                disclosure requirement.
                                                                                                           Obligation to Respond: Required to                    Number of Respondents/Responses:
                                                  To request materials in accessible                                                                          570 respondents; 570 responses.
                                                formats for people with disabilities                    obtain or retain benefits. The statutory
                                                                                                        authority for this collection is contained               Estimated Hours per Response: 1.5
                                                (Braille, large print, electronic files,                                                                      hours per response.
                                                audio format), send an email to fcc504@                 in Section 154(i), 303, 307, 308 and 309
                                                                                                                                                                 Frequency of Response: One time
                                                fcc.gov or call the Consumer and                        of the Communications Act of 1934, as
                                                                                                        amended.                                              reporting requirement; On occasion
                                                Governmental Affairs Bureau at (202)                                                                          reporting requirement.
                                                418–0530 (voice), (202) 418–0432                           Total Annual Burden: 42,370 hours.
                                                                                                           Annual Cost Burden: $24,744,080.                      Total Annual Burden: 855 hours.
                                                (TTY).                                                     Privacy Act Impact Assessment: No                     Total Annual Cost: $68,400.
                                                Synopsis                                                impact(s).                                               Obligation to Respond: Required to
                                                                                                           Nature and Extent of Confidentiality:              obtain benefits. The statutory authority
                                                  As required by the Paperwork                          There is no need for confidentiality with             for this information collection is
                                                Reduction Act of 1995 (44 U.S.C. 3507),                 this collection of information.                       contained in sections 154(i), 301, 303,
                                                the Commission is notifying the public                     Needs and Uses: FCC Form 2100,                     307, 308 and 309 of the
                                                that it received OMB approval for the                   Schedule C is used by licensees/                      Communications Act of 1934, as
                                                modified collection requirements                        permittees/applicants when applying                   amended.
                                                contained in the Commission’s rules at                  for authority to construct or make                       Nature and Extend of Confidentiality:
                                                47 CFR 73.3800, 73.6028, and 74.799                     changes in a Low Power Television, TV                 There is no need for confidentiality with
                                                and in OMB Control Numbers 3060–                        Translator or TV Booster broadcast                    this collection of information.
                                                0016, 3060–0017, 3060–0027, 3060–                       station.                                                 Privacy Act Assessment: No impact(s).
                                                0837, 3060–0928, 3060–0932, 3060–                          The Commission submitted this                         Needs and Uses: Applicants/
                                                1176, and 3060–1177. Under 5 CFR                        information collection to OMB for                     licensees/permittees are required to file
                                                1320, an agency may not conduct or                      approval which resulted from the rule                 FCC Form 2100, Schedule D when
                                                sponsor a collection of information                     provisions adopted in the FCC 17–29.                  applying for a Low Power Television,
                                                unless it displays a current, valid OMB                 On March 23, 2017, the Commission                     TV Translator or TV Booster Station
                                                Control Number. No person shall be                      adopted a Report and Order, Channel                   License.
                                                subject to any penalty for failing to                   Sharing by Full Power and Class A                        The Commission submitted this
                                                comply with a collection of information                 Stations Outside the Broadcast                        information collection to OMB for
                                                subject to the Paperwork Reduction Act                  Television Spectrum Incentive Auction                 approval which resulted from the rule
                                                that does not display a current, valid                  Context, GN Docket No. 12–268, MB                     provisions adopted in the FCC 17–29.
                                                OMB Control Number. The OMB                             Docket No. 03–185, MB Docket No. 15–                  On March 23, 2017, the Commission
                                                Control Numbers are 3060–0016, 3060–                    137, FCC 17–29 (‘‘Report and Order’’).                adopted the Report and Order, Channel
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                                                0017, 3060–0027, 3060–0837, 3060–                       This document approved channel                        Sharing by Full Power and Class A
                                                0928, 3060–0932, 3060–1176, and 3060–                   sharing outside of the incentive auction              Stations Outside the Broadcast
                                                1177.                                                   context between full power, Class A,                  Television Spectrum Incentive Auction
                                                  The foregoing notice is required by                   Low Power Television (LPTV) and TV                    Context, GN Docket No. 12–268, MB
                                                the Paperwork Reduction Act of 1995,                    translator stations.                                  Docket No. 03–185, MB Docket No. 15–
                                                Public Law 104–13, October 1, 1995,                        Although there are no changes to the               137, FCC 17–29 (‘‘Report and Order’’).
                                                and 44 U.S.C. 3507.                                     FCC Form 2100, Schedule C itself, there               This document approved channel


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                                                37356            Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations

                                                sharing outside of the incentive auction                Docket No. 15–137, FCC 17–29 (‘‘Report                Commission of certain changes in the
                                                context between full power, Class A,                    and Order’’). This document approved                  licensed facilities of those stations. It
                                                Low Power Television (LPTV) and TV                      channel sharing outside of the incentive              may be used: (1) To cover an authorized
                                                translator stations.                                    auction context between full power,                   construction permit (or auxiliary
                                                   Although there are no changes to the                 Class A, Low Power Television (LPTV)                  antenna), provided that the facilities
                                                FCC Form 2100, Schedule D itself, there                 and TV translator stations.                           have been constructed in compliance
                                                are changes to the substance, burden                       Although there are no changes to the               with the provisions and conditions
                                                hours, and costs as described herein.                   FCC Form 2100, Schedule A itself, there               specified on the construction permit; or
                                                   The information collection                           are changes to the substance, burden                  (2) To implement modifications to
                                                requirements contained in 47 section                    hours, and costs as described herein.                 existing licenses as permitted by 47 CFR
                                                74.799 (previously 74.800) permits                         The information collection                         73.1675(c) or 73.1690(c).
                                                LPTV and TV translator stations to seek                 requirements contained in 47 CFR                         The Commission submitted this
                                                approval to share a single television                   73.3800 allows full power television                  information collection to OMB for
                                                channel with other LPTV and TV                          stations to channel share with other full             approval which resulted from the rule
                                                translator stations and with full power                 power stations, Class A, LPTV and TV                  provisions adopted in the FCC 17–29.
                                                and Class A stations. Stations interested               translator stations outside of the                    On March 23, 2017, the Commission
                                                in terminating operations and sharing                   incentive auction context. Full power                 adopted the Report and Order, Channel
                                                another station’s channel must submit                   stations file FCC Form 2100, Schedule                 Sharing by Full Power and Class A
                                                FCC Form 2100 Schedule D in order to                    A in order to obtain Commission                       Stations Outside the Broadcast
                                                complete the licensing of their channel                 approval to operate on a shared channel.              Television Spectrum Incentive Auction
                                                sharing arrangement.                                       OMB Control No.: 3060–0837.                        Context, GN Docket No. 12–268, MB
                                                   OMB Control No.: 3060–0027.                             OMB Approval Date: July 26, 2017.                  Docket No. 03–185, MB Docket No. 15–
                                                   OMB Approval Date: July 26, 2017.                       OMB Expiration Date: July 31, 2020.                137, FCC 17–29 (‘‘Report and Order’’).
                                                   OMB Expiration Date: July 31, 2020.                     Title: FCC Form 2100, Application for              This document approved channel
                                                   Title: Application for Construction                  Media Bureau Audio and Video Service                  sharing outside of the incentive auction
                                                Permit for Commercial Broadcast                         Authorization, Schedule B (Former FCC                 context between full power, Class A,
                                                Station, FCC Form 301; FCC Form 2100,                   Form 302–DTV), Section 73.3700(b)(3)                  (Low Power Television) LPTV and TV
                                                Application for Media Bureau Audio                      and Section 73.3700(h)(2).                            translator stations.
                                                and Video Service Authorization,                           Form No.: FCC Form 2100, Schedule                     Although there are no changes to the
                                                Schedule A; 47 CFR 73.3700(b)(1) and                    B.                                                    FCC Form 2100, Schedule B itself, there
                                                (2) and 73.3800, Post Auction Licensing.                   Respondents: Business or other for-                are changes to the substance, burden
                                                   Form No.: FCC Form 2100, Schedule                    profit entities; Not for profit institutions.         hours, and costs as described herein.
                                                A.                                                         Number of Respondents and                             The information collection
                                                   Respondents: Business or other for-                  Responses: 975 respondents and 975                    requirements contained in 47 CFR
                                                profit entities; Not for profit institutions;           responses.                                            73.3800 allows full power television
                                                State, local or Tribal Government.                         Estimated Time per Response: 2                     stations to channel share with other full
                                                   Number of Respondents and                            hours.                                                power stations, Class A, LPTV and TV
                                                Responses: 3,090 respondents and 6,526                     Frequency of Response: One-time                    translator stations outside of the
                                                responses.                                              reporting requirement and on occasion                 incentive auction context. Full power
                                                   Estimated Time per Response: 1–6.25                  reporting requirement.                                stations file FCC Form 2100, Schedule
                                                hours.                                                     Obligation to Respond: Required to                 B in order to complete the licensing of
                                                   Frequency of Response: One-time                      obtain or retain benefits. The statutory              their shared channel.
                                                reporting requirement; On occasion                      authority for this collection is contained               OMB Control No.: 3060–0928.
                                                reporting requirement; Third party                      in Sections 154(i), 307, 308, 309, and                   OMB Approval Date: July 27, 2017.
                                                disclosure requirement.                                 319 of the Communications Act of 1934,                   OMB Expiration Date: July 31, 2020.
                                                   Obligation to Respond: Required to                   as amended; the Community                                Title: FCC Form 2100, Application for
                                                obtain or retain benefits. The statutory                Broadcasters Protection Act of 1999,                  Media Bureau Audio and Video Service
                                                authority for this collection is contained              Public Law 106–113, 113 Stat.                         Authorization, Schedule F (Formerly
                                                in Sections 154(i), 303 and 308 of the                  Appendix I at pp. 1501A–594–1501A–                    FCC 302–CA); 47 CFR 73.6028.
                                                Communications Act of 1934, as                          598 (1999) (codified at 47 U.S.C. 336(f));               Form No.: FCC Form 2100, Schedule
                                                amended.                                                and the Middle Class Tax Relief and Job               F.
                                                   Total Annual Burden: 15,317 hours.                   Creation Act of 2012, Public Law 112–                    Respondents: Business or other for-
                                                   Annual Cost Burden: $62,444,288.                     96, 6402 (codified at 47 U.S.C.                       profit entities; Not for profit institutions;
                                                   Privacy Act Impact Assessment: No                    309(j)(8)(G)), 6403 (codified at 47 U.S.C.            State, local or Tribal Government.
                                                impact(s).                                              1452), 126 Stat. 156 (2012) (Spectrum                    Number of Respondents and
                                                   Nature and Extent of Confidentiality:                Act).                                                 Responses: 975 respondents and 975
                                                There is no need for confidentiality with                  Total Annual Burden: 1,950 hours.                  responses.
                                                this collection of information.                            Annual Cost Burden: $585,945.                         Estimated Time per Response: 2
                                                   Needs and Uses: The Commission                          Privacy Act Impact Assessment: No                  hours.
                                                submitted this information collection to                impact(s).                                               Frequency of Response: One-time
                                                OMB for approval which resulted from                       Nature and Extent of Confidentiality:              reporting requirement and on occasion
                                                the rule provisions adopted in the FCC                  There is no need for confidentiality with             reporting requirement.
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                                                17–29. On March 23, 2017, the                           this collection of information.                          Total Annual Burden: 1,950 hours.
                                                Commission adopted the Report and                          Needs and Uses: FCC Form 2100,                        Annual Cost Burden: $307,125.
                                                Order, Channel Sharing by Full Power                    Schedule B (formerly FCC Form 302–                       Privacy Act Impact Assessment: No
                                                and Class A Stations Outside the                        DTV) is used by licensees and                         impact(s).
                                                Broadcast Television Spectrum                           permittees of full power broadcast                       Nature and Extent of Confidentiality:
                                                Incentive Auction Context, GN Docket                    stations to obtain a new or modified                  There is no need for confidentiality with
                                                No. 12–268, MB Docket No. 03–185, MB                    station license and/or to notify the                  this collection of information.


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                                                                 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations                                          37357

                                                  Needs and Uses: The FCC Form 2100,                      Number of Respondents and                           published at least twice a week for two
                                                Schedule F is used by Low Power TV                      Responses: 745 respondents and 745                    consecutive weeks in a three-week
                                                (LPTV) stations that seek to convert to                 responses.                                            period. A copy of this notice must be
                                                Class A status; existing Class A stations                 Estimated Time per Response: 2.25                   placed in the public inspection file
                                                seeking a license to cover their                        hours–6 hours (for a total of 8.25 hours).            along with the application.
                                                authorized construction permit                            Frequency of Response: One-time                       47 CFR 74.793(d) requires that digital
                                                facilities; and Class A stations entering               reporting requirement; On occasion                    low power and TV translator stations
                                                into a channel sharing agreement. The                   reporting requirement; Third party                    shall be required to submit information
                                                FCC Form 2100, Schedule F requires a                    disclosure requirement; Recordkeeping                 as to vertical radiation patterns as part
                                                series of certifications by the Class A                 requirement.                                          of their applications (FCC Forms 346
                                                applicant as prescribed by the                            Obligation to Respond: Required to                  and 301–CA) for new or modified
                                                Community Broadcasters Protection Act                   obtain or retain benefits. The statutory              construction permits.
                                                of 1999 (CBPA). Licensees will be                       authority for this collection is contained              The Commission submitted this
                                                required to provide weekly                              in 47 U.S.C. 151, 154(i), 157 and 309(j)              information collection to OMB for
                                                announcements to their listeners: (1)                   as amended; Middle Class Tax Relief                   approval which resulted from the rule
                                                Informing them that the applicant has                   and Job Creation Act of 2012, Public                  provisions adopted in the FCC 17–29.
                                                applied for a Class A license and (2)                   Law 112–96, 6402 (codified at 47 U.S.C.               On March 23, 2017, the Commission
                                                announcing the public’s opportunity to                  309(j)(8)(G)), 6403 (codified at 47 U.S.C.            adopted the Report and Order, Channel
                                                comment on the application prior to                     1452), 126 Stat. 156 (2012) (Spectrum                 Sharing by Full Power and Class A
                                                Commission action.                                      Act) and the Community Broadcasters                   Stations Outside the Broadcast
                                                  The Commission submitted this                         Protection Act of 1999.                               Television Spectrum Incentive Auction
                                                information collection to OMB for                         Total Annual Burden: 6,146 hours.                   Context, GN Docket No. 12–268, MB
                                                                                                          Annual Cost Burden: $4,035,550.                     Docket No. 03–185, MB Docket No. 15–
                                                approval which resulted from the                          Privacy Act Impact Assessment: No
                                                provisions adopted in the FCC 17–29.                                                                          137, FCC 17–29 (‘‘Report and Order’’).
                                                                                                        impact(s).
                                                On March 23, 2017, the Commission                                                                             This document approved channel
                                                                                                          Nature and Extent of Confidentiality:
                                                adopted the Report and Order, Channel                                                                         sharing outside of the incentive auction
                                                                                                        There is no need for confidentiality with
                                                Sharing by Full Power and Class A                                                                             context between full power, Class A,
                                                                                                        this collection of information.
                                                Stations Outside the Broadcast                            Needs and Uses: FCC Form 2100,                      LPTV and TV translator stations.
                                                Television Spectrum Incentive Auction                   Schedule E (formerly FCC Form 301–                      Although there are no changes to the
                                                Context, GN Docket No. 12–268, MB                       CA) is to be used in all cases by a Class             FCC Form 2100, Schedule E itself, there
                                                Docket No. 03–185, MB Docket No. 15–                    A television station licensees seeking to             are changes to the substance, burden
                                                137, FCC 17–29 (‘‘Report and Order’’).                  make changes in the authorized                        hours, and costs as described herein.
                                                This document approved channel                                                                                  The information collection
                                                                                                        facilities of such station. FCC Form
                                                sharing outside of the incentive auction                                                                      requirements contained in 47 CFR
                                                                                                        2100, Schedule E requires applicants to
                                                context between full power, Class A,                                                                          73.6028 permits Class A stations to seek
                                                                                                        certify compliance with certain
                                                LPTV and TV translator stations.                                                                              approval to share a single television
                                                                                                        statutory and regulatory requirements.
                                                  Although there are no changes to the                                                                        channel with Low Power Television
                                                                                                        Detailed instructions on the FCC Form
                                                FCC Form 2100, Schedule F itself, there                                                                       (LPTV), TV translator, full power and
                                                                                                        2100, Schedule E provide additional
                                                are changes to the substance, burden                                                                          Class A television stations. Class A
                                                                                                        information regarding Commission rules
                                                hours, and costs as described herein.                                                                         stations interested in terminating
                                                                                                        and policies. FCC Form 2100, Schedule
                                                  The information collection                                                                                  operations and sharing another station’s
                                                                                                        E is presented primarily in a ‘‘Yes/No’’
                                                requirements contained in 47 CFR                                                                              channel must submit FCC Form 2100
                                                                                                        certification format. However, it
                                                73.6028 permits Class A stations to seek                                                                      Schedule E in order to obtain
                                                                                                        contains appropriate places for
                                                approval to share a single television                                                                         Commission approval for their channel
                                                                                                        submitting explanations and exhibits
                                                channel with LPTV, TV translator, full                                                                        sharing arrangement.
                                                                                                        where necessary or appropriate. Each
                                                power and Class A television stations.                                                                          OMB Control Number: 3060–1176.
                                                                                                        certification constitutes a material                    OMB Approval Date: July 31, 2017.
                                                Class A stations interested in                          representation. Applicants may only
                                                terminating operations and sharing                                                                              OMB Expiration Date: July 31, 2020.
                                                                                                        mark the ‘‘Yes’’ certification when they                Title: MVPD Notice, Section 73.3700.
                                                another station’s channel must submit                   are certain that the response is correct.               Form Number: Not applicable.
                                                FCC Form 2100 Schedule F in order to                    A ‘‘No’’ response is required if the                    Respondents: Business or other for
                                                complete the licensing of their channel                 applicant is requesting a waiver of a                 profit entities; Not for profit institutions;
                                                sharing arrangement.                                    pertinent rule and/or policy, or where                State, local or Tribal government.
                                                  OMB Control No.: 3060–0932.                           the applicant is uncertain that the                     Number of Respondents and
                                                  OMB Approval Date: July 27, 2017.                     application fully satisfies the pertinent             Responses: 735 respondents; 735
                                                  OMB Expiration Date: July 31, 2020.                   rule and/or policy. FCC Form 2100,                    responses.
                                                  Title: FCC Form 2100, Application for                 Schedule E filings made to implement                    Estimated Hours per Response: 1–2
                                                Media Bureau Audio and Video Service                    post-auction channel changes will be                  hours.
                                                Authorization, Schedule E (Former FCC                   considered minor change applications.                   Frequency of Response: One time
                                                Form 301–CA); 47 CFR 73.3700(b)(1)(i)–                    Class A applications for a major                    reporting requirement; Third party
                                                (v) and (vii), (b)(2)(i) and (ii); 47 CFR               change are subject to third party                     disclosure requirement.
                                                Section 74.793(d).                                      disclosure requirement of Section                       Total Annual Burden: 1,397 hours.
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                                                  Form No.: FCC Form 2100, Schedule                     73.3580 which requires local public                     Total Annual Cost: $43,800.
                                                E (Application for Media Bureau Audio                   notice in a newspaper of general                        Obligation to Respond: Required to
                                                and Video Service Authorization)                        circulation of the filing of all                      obtain benefits. The statutory authority
                                                (Former FCC Form 301–CA).                               applications for major changes in                     for this information collection is
                                                  Respondents: Business or other for-                   facilities. This notice must be completed             contained in sections 1, 4(i) and (j), 7,
                                                profit entities; Not for profit institutions;           within 30 days of the tendering of the                154(i), 301, 302, 303, 307, 308, 309, 312,
                                                State, Local or Tribal Government.                      application. This notice must be                      316, 318, 319, 324, 325, 336 and 337 of


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                                                37358            Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations

                                                the Communications Act of 1934, as                         Title: 47 CFR 74.800 (redesignated 47              provisions adopted in the FCC 14–50
                                                amended.                                                CFR 74.799), Channel Sharing                          and FCC 17–29.
                                                   Nature and Extent of Confidentiality:                Agreement (CSA).                                         On June 2, 2014 the Commission
                                                There is no need for confidentiality with                  Form Number: Not applicable.                       released a rulemaking titled ‘‘Expanding
                                                this collection of information.                            Respondents: Business or other for                 the Economic and Innovation
                                                   Privacy Act Assessment: No impact(s).                profit entities; Not for profit institutions;         Opportunities of Spectrum Through
                                                                                                        State, local or Tribal government.
                                                which adopted rules for holding an                                                                            Incentive Auctions,’’ GN Docket 12–268,
                                                                                                           Number of Respondents and
                                                Incentive Auction. Full power and Class                                                                       Report and Order, FCC 14–50, 29 FCC
                                                                                                        Responses: 160 respondents; 160
                                                A stations will be reassigned to a new                                                                        Rcd 6567 (2014) which adopted rules
                                                                                                        responses.
                                                channel via the repacking following the                                                                       for holding an Incentive Auction. Full
                                                                                                           Estimated Hours per Response: 1 hr.
                                                auction. Other stations will submit                                                                           power and Class A stations are
                                                winning bids to relinquish their                           Frequency of Response: One time
                                                                                                        reporting requirement.                                permitted to propose to relinquish their
                                                channels, enter into channel sharing                                                                          channels in the auction and to share the
                                                agreements (and move to the channel of                     Total Annual Burden: 160 hours.
                                                                                                           Total Annual Cost: $86,400.                        channel of another station.
                                                the station they are sharing with); or to
                                                move from high-VHF to low-VHF                              Obligation to Respond: Required to                    The information collection
                                                channels or from UHF to high-VHF or                     obtain benefits. The statutory authority              requirements contain in 47 CFR 73.3700
                                                low-VHF. Each of these stations are                     for this information collection is                    requires that full power and Class A
                                                required to notify multichannel video                   contained in sections 1, 4(i) and (j), 7,             television stations seeking approval to
                                                programming providers (‘‘MVPD’’) that                   154(i), 301, 302, 303, 307, 308, 309, 312,            channel share in the incentive auction
                                                carry the station of the fact that the                  316, 318, 319, 324, 325, 336 and 337 of               provide the Commission with a copy of
                                                station will be changing channels or                    the Communications Act of 1934, as                    their CSA for review.
                                                terminating operations.                                 amended.
                                                                                                                                                                 On March 23, 2017, the Commission
                                                                                                           Nature and Extent of Confidentiality:
                                                   The information collection                                                                                 adopted the Report and Order, Channel
                                                                                                        There is no need for confidentiality with
                                                requirements contained in 47 CFR                                                                              Sharing by Full Power and Class A
                                                                                                        this collection of information.
                                                73.3700 requires that full power and                                                                          Stations Outside the Broadcast
                                                                                                           Privacy Act Assessment: No impact(s).
                                                Class A television stations assigned a                                                                        Television Spectrum Incentive Auction
                                                                                                           Needs and Uses: Full power and Class
                                                new channel in the incentive auction                                                                          Context, GN Docket No. 12–268, MB
                                                                                                        A television stations that agree to share
                                                repacking, relinquishing their channel                                                                        Docket No. 03–185, MB Docket No. 15–
                                                                                                        a single television channel in
                                                or moving to a new channel as a result                                                                        137, FCC 17–29 (‘‘Report and Order’’).
                                                                                                        conjunction with the incentive auction
                                                of a winning bid in the auction, notify                                                                       This document approved channel
                                                                                                        and low power television (LPTV) and
                                                MVPDs of their termination of                                                                                 sharing outside of the incentive auction
                                                                                                        TV translator stations that channel share
                                                operations or change in channel.                                                                              context between full power, Class A,
                                                                                                        outside of the auction context are
                                                   On March 23, 2017, the Commission                    required to reduce their agreement                    Low Power Television (LPTV) and TV
                                                adopted the Report and Order, Channel                   (CSA) to writing and submit a copy to                 translator stations.
                                                Sharing by Full Power and Class A                       the Commission for review. There is no
                                                Stations Outside the Broadcast                                                                                   The information collection
                                                                                                        specified format for the CSA but it must              requirements contained in 47 CFR
                                                Television Spectrum Incentive Auction                   contain provisions covering: a. Access
                                                Context, GN Docket No. 12–268, MB                                                                             73.3800, Full Power Television Channel
                                                                                                        to facilities, including whether each                 Sharing Outside the Incentive Auction,
                                                Docket No. 03–185, MB Docket No. 15–                    licensee will have unrestrained access
                                                137, FCC 17–29 (‘‘Report and Order’’).                                                                        Section 73.6028, Class A Television
                                                                                                        to the shared transmission facilities; b.
                                                This document approved channel                                                                                Channel Sharing Outside the Incentive
                                                                                                        Allocation of bandwidth within the
                                                sharing outside of the incentive auction                                                                      Auction and Section 73.799, Low Power
                                                                                                        shared channel; c. Operation,
                                                context between full power, Class A,                    maintenance, repair, and modification                 Television and TV Translator Channel
                                                Low Power Television (LPTV) and TV                      of facilities, including a list of all                Sharing require that stations seeking to
                                                translator stations. Channel sharing                    relevant equipment, a description of                  channel share outside of the incentive
                                                stations also must notify MVPDs of the                  each party’s financial obligations, and               auction provide a copy of their ‘‘CSA’’
                                                fact that stations will be terminating                  any relevant notice provisions; d.                    to the Commission for review.
                                                operations on one channel to share                      Transfer/assignment of a shared license,              Federal Communications Commission.
                                                another station’s channel.                              including the ability of a new licensee
                                                   The information collection                                                                                 Marlene H. Dortch,
                                                                                                        to assume the existing CSA; e.
                                                requirements contained in 47 CFR                                                                              Secretary. Office of the Secretary.
                                                                                                        Termination of the license of a party to
                                                73.3800, Full Power Television Channel                  the CSA, including reversion of                       [FR Doc. 2017–16848 Filed 8–9–17; 8:45 am]
                                                Sharing Outside the Incentive Auction,                  spectrum usage rights to the remaining                BILLING CODE 6712–01–P
                                                Section 73.6028 Class A Television                      parties to the CSA and f. A provision
                                                Channel Sharing Outside the Incentive                   affirming compliance with the channel
                                                Auction and Section 74.799 Low Power                    sharing requirements in the rules
                                                Television and TV Translator Channel                    including a provision requiring that
                                                Sharing require that stations seeking to                each channel sharing licensee shall
                                                channel share outside of the incentive                  retain spectrum usage rights adequate to
                                                auction provide notification to MVPDs
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                                                                                                        ensure a sufficient amount of the shared
                                                of the fact that the station will be                    channel capacity to allow it to provide
                                                terminating operations on one channel                   at least one Standard Definition (SD)
                                                to share another station’s channel.                     program stream at all times.
                                                   OMB Control No.: 3060–1177.                             The Commission submitted this
                                                   OMB Approval Date: July 31, 2017.                    information collection to OMB for
                                                   OMB Expiration Date: July 31, 2020.                  approval which resulted from the rule


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Document Created: 2017-08-10 01:01:26
Document Modified: 2017-08-10 01:01:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; announcement of effective date.
DatesThe final rules regarding 47 CFR 73.3800, 73.6028, 74.799 and FCC Form 2100, Schedules A, B, C, D, E and F published at 82 FR 18240 on April 18, 2017, are effective August 10, 2017.
ContactFor additional information contact Cathy Williams, [email protected], (202) 418-2918.
FR Citation82 FR 37354 
CFR Citation47 CFR 73
47 CFR 74

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