83 FR 13679 - Maintenance of Copies of FCC Rules
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 62 (March 30, 2018)
Federal Register Volume 83, Issue 62 (March 30, 2018)
| Page Range | 13679-13684 | |
| FR Document | 2018-06029 |
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)] [Rules and Regulations] [Pages 13679-13684] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06029] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 74, 76, and 78 [MB Docket No. 17-231; FCC 18-16] Maintenance of Copies of FCC Rules AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (FCC or Commission) eliminates rules that require certain broadcast and cable entities to maintain paper copies of the Commission's regulations. As set forth below, we conclude that eliminating these requirements, which apply to low power TV, TV and FM translators, TV and FM booster stations, cable television relay station (CARS) licensees, and certain cable operators, will advance the Commission's goal of reducing outdated regulations and unnecessary regulatory burdens that can impede competition and innovation in media markets. DATES: Effective March 30, 2018. FOR FURTHER INFORMATION CONTACT: For additional information, contact Jonathan Mark, [email protected], of the Media Bureau, Policy Division, (202) 418-3634. Direct press inquiries to Janice Wise at (202) 418-8165. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and Order (Order), FCC 18-16, adopted and released on February 20, 2018. The full text of this document is available electronically via the FCC's Electronic Document Management System (EDOCS) website at http://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic Comment Filing System (ECFS) website at http://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also available for public inspection and copying during regular business hours in the FCC Reference Information Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. The Reference Information Center is open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m. The complete text may be purchased from the Commission's copy contractor, 445 12th Street SW, Room CY-B402, Washington, DC 20554. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to [email protected] or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis I. Report and Order 1. In this Order, we eliminate rules that require certain broadcast and cable entities to maintain paper copies of the Commission's regulations. As part of our initiative to modernize our media regulations, we issued a Notice of Proposed Rulemaking (NPRM) proposing to eliminate requirements that regulatees maintain copies of certain portions of the Code of Federal Regulations (CFR). We received unanimous support for this proposal. As set forth below, we conclude that eliminating these requirements, which apply to low power TV, TV and FM translators, TV and FM booster stations, cable television relay station (CARS) licensees, and certain cable operators, will advance the Commission's goal of reducing outdated regulations and unnecessary regulatory burdens that can impede competition and innovation in media markets. 2. We adopt the proposal to eliminate the requirement, set forth in Sec. 74.769 of our rules, that licensees or permittees of [[Page 13680]] low power TV, TV translators, and TV booster stations maintain ``a current copy of Volume I and Volume III of the Commission's rules.'' We also adopt the proposal to eliminate the requirement in Sec. 74.1269 of our rules that licensees and permittees of FM translator and FM booster stations maintain ``a current copy of Volumes I (parts 0, 1, 2 and 17) and III (parts 73 and 74) of the Commission's rules.'' As we noted in the NPRM, the Commission adopted these requirements more than 40 years ago as part of its regulation of then recently established broadcast translator services. We agree with NAB that, ``given licensees' ability today to immediately access FCC rules via the internet, requiring broadcasters to retain hard copies of the rules is no longer necessary.'' Indeed, the electronic version of the CFR available on the internet is often more current than the printed version, which is published only once a year. Removing this requirement also would help small broadcasters in particular by enabling them to cut unnecessary costs. 3. Additionally, as proposed in the NPRM, we eliminate the requirement in Sec. 76.1714(a) that cable operators serving 1,000 or more subscribers maintain a current copy of part 76 of the Commission's rules and, if subject to the Emergency Alert System (EAS) rules contained in part 11, an EAS Operating Handbook. As noted in the NPRM, we recognize the public safety benefits of keeping the EAS Handbook in close proximity, but we see no need to duplicate the requirement in section 11.15--which this order does not impact--that a copy of the handbook ``be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions.'' We agree with NCTA that this ``requirement wastes resources and is unjustified today given that the materials are readily available for free to anyone with access to the internet.'' Moreover, because the most up-to-date version of the Commission's rules is accessible via the internet, a requirement to keep a hard copy of part 76 of the Commission's rules has outlived its usefulness. 4. We also eliminate from Sec. Sec. 76.1714(c) and 78.67 of the Commission's rules the requirement that CARS licensees maintain a current copy of part 78 of the Commission's rules and, in cases where aeronautical obstruction markings of antennas are required, a current copy of part 17. The Commission adopted these rules several decades ago as part of a comprehensive regulatory framework to govern then-nascent cable television service. We agree with ACA and other commenters that, because the Commission's rules are now easily accessible via the internet, requirements to keep hard copies of those rules have outlived their purpose. 5. For these reasons, we find that these pre-internet era rules requiring certain broadcast and cable entities to keep hard copies of Commission rules are outdated and impose an unnecessary burden on regulates. As such, we find that removing them is in the public interest. At the same time, we note that our action today does not eliminate the portions of Sec. Sec. 74.769, 74.1269, 76.1714, and 78.67 that obligate the subject broadcast and cable entities to be familiar with the rules governing their respective operations. II. Procedural Matters A. Final Paperwork Reduction Act Analysis 6. This document does not contain any new or revised information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501-3520). In addition, therefore, it does not contain any new or modified ``information burden for small business concerns with fewer than 25 employees'' pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 3506(c)(4). B. Congressional Review Act 7. The Commission will send a copy of this Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). C. Final Regulatory Flexibility Analysis 8. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed Rulemaking (NPRM) in MB Docket 17-231. The Commission sought written public comments on proposals in the NPRM, including comment on the IRFA. The Commission received no comments on the IRFA, although some commenters discussed the effect of the proposals on smaller entities, as discussed below. The present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. 9. Need for, and Objectives of, the Report and Order. The Report and Order (Order) stems from a Public Notice issued by the Commission in May 2017, launching an initiative to modernize the Commission's media regulations. The parties that filed comments in the proceeding unanimously agree that the recordkeeping requirements at issue are outdated and unnecessary and should be eliminated. The Order adopts the NPRM's proposal to eliminate provisions of the Commission's rules that obligate certain broadcasters and cable entities to maintain paper copies of Commission rules. 10. Specifically, the Order eliminates: (i) The requirement that licensees or permittees of low power TV, TV translator, and TV booster stations maintain a copy of Volume I and Volume III of the Commission's rules; (ii) the requirement that licensees or permittees of FM translator and FM booster stations maintain a copy of Volumes I (parts 0, 1, 2 and 17) and III (parts 73 and 74) of the Commission's rules; (iii) the requirement that certain cable operators maintain a copy of part 76 of the Commission's rules and, if subject to the Emergency Alert System (EAS) rules contained in part 11 of such rules, an EAS Operating Handbook; and (iv) the requirements that cable television relay station (CARS) licensees maintain a copy of part 76 of the Commission's rules and, in cases where aeronautical obstruction markings of antennas are required, part 17 of such rules. The Order finds that eliminating these recordkeeping requirements will remove an outdated and unnecessary regulatory burden that may impede competition and innovation in media markets. 11. Summary of Significant Issues Raised by Public Comments in Response to the IRFA. No comments were filed in response to the IRFA. 12. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration. Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA), and to provide a detailed statement of any change made to the proposed rules as a result of those comments.\1\ The Chief Counsel did not file any comments in response to the proposed rules in this proceeding. --------------------------------------------------------------------------- \1\ 5 U.S.C. 604(a)(3). --------------------------------------------------------------------------- 13. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the rules adopted in the [[Page 13681]] Order.\2\ The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' \3\ In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act.\4\ A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.\5\ Below, we provide a description of such small entities, as well as an estimate of the number of such small entities, where feasible. --------------------------------------------------------------------------- \2\ 5 U.S.C. 603(b)(3). \3\ 5 U.S.C. 601(6). \4\ 5 U.S.C. 601(3) (incorporating by reference the definition of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies ``unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.'' 5 U.S.C. 601(3). \5\ 15 U.S.C. 632. Application of the statutory criteria of dominance in its field of operation and independence are sometimes difficult to apply in the context of broadcast television. Accordingly, the Commission's statistical account of television stations may be over-inclusive. --------------------------------------------------------------------------- 14. Television Broadcasting. This Economic Census category ``comprises establishments primarily engaged in broadcasting images together with sound.'' These establishments operate television broadcast studios and facilities for the programming and transmission of programs to the public. These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for such businesses: Those having $38.5 million or less in annual receipts. The 2012 Economic Census reports that 751 firms in this category operated in that year. Of that number, 656 had annual receipts of $25,000,000 or less, 25 had annual receipts between $25,000,000 and $49,999,999, and 70 had annual receipts of $50,000,000 or more. Based on this data, we estimate that the majority of commercial television broadcasters are small entities under the applicable SBA size standard. 15. In addition, the Commission has estimated the number of licensed commercial television stations to be 1,384. Of this total, 1,264 stations had revenues of $38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on February 24, 2017. Such entities, therefore, qualify as small entities under the SBA definition. The Commission has estimated the number of licensed noncommercial educational (NCE) television stations to be 394. The Commission, however, does not compile and does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. 16. We note, however, that in assessing whether a business concern qualifies as ``small'' under the above definition, business (control) affiliations \6\ must be included. Our estimate, therefore likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, another element of the definition of ``small business'' requires that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television broadcast station is dominant in its field of operation. Accordingly, the estimate of small businesses to which the proposed rules would apply does not exclude any television station from the definition of a small business on this basis and therefore could be over-inclusive. --------------------------------------------------------------------------- \6\ ``[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has the power to control both.'' --------------------------------------------------------------------------- 17. There are also 1,968 LPTV stations, 417 Class A stations, and 3,776 TV translator stations. Given the nature of these services, we will presume that all of these entities qualify as small entities under the above SBA small business size standard. 18. Radio Stations. This economic Census category ``comprises establishments primarily engaged in broadcasting aural programs by radio to the public.'' The SBA has created the following small business size standard for this category: those having $38.5 million or less in annual receipts. Census data for 2012 shows that 2,849 firms in this category operated in that year. Of this number, 2,806 firms had annual receipts of less than $25,000,000, and 43 firms had annual receipts of $25,000,000 or more. Because the Census has no additional classifications that could serve as a basis for determining the number of stations whose receipts exceeded $38.5 million in that year, we conclude that the majority of television broadcast stations were small under the applicable SBA size standard. 19. Apart from the U.S. Census, the Commission has estimated the number of licensed commercial AM radio stations to be 4,486 stations \7\ and the number of commercial FM radio stations to be 6,755, for a total number of 11,241. Of this total, 9,898 stations had revenues of $38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) in October 2014. In addition, the Commission has estimated the number of noncommercial educational FM radio stations to be 4,111. NCE stations are non-profit, and therefore considered to be small entities. Therefore, we estimate that the majority of radio broadcast stations are small entities. --------------------------------------------------------------------------- \7\ This number is derived from subtracting the total number of noncommercial educational stations (204) from the total number of licensed AM stations (4690). --------------------------------------------------------------------------- 20. Low Power FM Stations. The same SBA definition that applies to radio stations would apply to low power FM stations. As noted above, the SBA has created the following small business size standard for this category: Those having $38.5 million or less in annual receipts. The Commission has estimated the number of licensed low power FM stations to be 1,966. In addition, as of June 30, 2017, there were a total of 7,453 FM translator and FM booster stations. Given the nature of these services, we will presume that these licensees qualify as small entities under the SBA definition. 21. We note again, however, that in assessing whether a business concern qualifies as ``small'' under the above definition, business (control) affiliations \8\ must be included. Because we do not include or aggregate revenues from affiliated companies in determining whether an entity meets the applicable revenue threshold, our estimate of the number of small radio broadcast stations affected is likely overstated. In addition, as noted above, one element of the definition of ``small business'' is that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific radio broadcast station is dominant in its field of operation. Accordingly, our estimate [[Page 13682]] of small radio stations potentially affected by the proposed rules includes those that could be dominant in their field of operation. For this reason, such estimate likely is over-inclusive. --------------------------------------------------------------------------- \8\ ``[Business concerns] are affiliates of each other when one concern controls or has the power to control the other or a third party or parties controls or has the power to control both.'' --------------------------------------------------------------------------- 22. Cable Companies and Systems (Rate Regulation). The Commission has developed its own small business size standards for the purpose of cable rate regulation. Under the Commission's rules, a ``small cable company'' is one serving 400,000 or fewer subscribers nationwide.\9\ In addition, under the Commission's rate regulation rules, a ``small system'' is a cable system serving 15,000 or fewer subscribers.\10\ Industry data indicate that there are currently 4,300 active cable systems in the United States.\11\ Of this total, 3,550 cable systems have fewer than 15,000 subscribers, and 750 systems have 15,000 or more subscribers.\12\ Thus, we estimate that most cable systems are small entities. --------------------------------------------------------------------------- \9\ 47 CFR 76.901(e). \10\ 47 CFR 76.901(c). \11\ August 24, 2017 Report from the Media Bureau based on data contained in the Commission's Cable Operations and Licensing System (COALS). \12\ Id. --------------------------------------------------------------------------- 23. Cable System Operators (Telecom Act Standard). The Communications Act of 1934, as amended, also contains a size standard for small cable system operators, which is ``a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250 million.'' \13\ There are approximately 52,107,104 cable video subscribers in the United States today. Accordingly, an operator serving fewer than 521,071 subscribers shall be deemed a small operator if its annual revenues, when combined with the total annual revenues of all its affiliates, do not exceed $250 million in the aggregate. Based on available data, we find that all but six incumbent cable operators are small entities under this size standard. We note that the Commission neither requests nor collects information on whether cable system operators are affiliated with entities whose gross annual revenues exceed $250 million.\14\ Although it seems certain that some of these cable system operators are affiliated with entities whose gross annual revenues exceed $250 million, we are unable at this time to estimate with greater precision the number of cable system operators that would qualify as small cable operators under the definition in the Communications Act. --------------------------------------------------------------------------- \13\ 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & nn.1-3. \14\ The Commission receives such information on a case-by-case basis if a cable operator appeals a local franchise authority's finding that the operator does not qualify as a small cable operator. --------------------------------------------------------------------------- 24. We also note that there currently are 182 cable antenna relay service (CARS) licensees.\15\ The Commission, however, neither requests nor collects information on whether CARS licensees are affiliated with entities whose gross annual revenues exceed $250 million. Although some CARS licensees may be affiliated with entities whose gross annual revenues exceed $250 million, we are unable at this time to estimate with greater precision the number of CARS licensees that would qualify as small cable operators under the definition in the Communications Act. --------------------------------------------------------------------------- \15\ August 24, 2017 report from Media Bureau staff based on data contained in the Commission's Cable Operations and Licensing System (COALS). --------------------------------------------------------------------------- 25. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. The Report and Order eliminates rules that require certain broadcast and cable entities to maintain paper copies of sections of the Commission's regulations. Accordingly, the Report and Order does not impose any new reporting, recordkeeping, or other compliance requirements. 26. Because no commenter provided information specifically quantifying the costs and administrative burdens of complying with the existing recordkeeping requirements, we cannot precisely estimate the impact on small entities of eliminating them. The rule revisions adopted in the Order will afford all affected Commission regulatees, including small entities, greater flexibility in the manner by which they access and stay familiar with Commission rules governing their services. Additionally, as NAB notes, removing this obligation will also help small entities in particular to cut unnecessary costs related to maintaining updated paper copies of Commission rules.\16\ No party in the proceeding has opposed the proposals set forth in the NPRM. We thus find it reasonable to conclude that the benefits of eliminating the rules at issue outweigh any costs. --------------------------------------------------------------------------- \16\ NAB Comments at 2. --------------------------------------------------------------------------- 27. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.\17\ --------------------------------------------------------------------------- \17\ 5 U.S.C. 603(c)(1)-(c)(4). --------------------------------------------------------------------------- 28. The Report and Order eliminates the obligation, imposed on certain broadcasters and cable regulatees, to maintain paper copies of Commission rules. Eliminating these requirements is intended to modernize the Commission's regulations and reduce costs and recordkeeping burdens for affected entities, include small entities. Under the revised rules, affected entities no longer will need to expend time and resources maintaining and updating hard copies of Commission rules, but rather, will be able to stay familiar with Commission rules by accessing those rules online. As noted, no party has opposed the rule revisions we adopt in the Order. Thus, we anticipate that affected small entities will benefit from such revisions. 29. Report to Congress. The Commission will send a copy of the Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act.\18\ In addition, the Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. --------------------------------------------------------------------------- \18\ See 5 U.S.C. 801(a)(1)(A). --------------------------------------------------------------------------- 30. It is ordered that, pursuant to the authority found in sections 1, 4(i), and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), this Report and Order is hereby adopted. 31. It is further ordered that, pursuant to the authority found in sections 1, 4(i), and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), the Commission's rules are amended as set forth in Rules Appendix A of the Report and Order, effective as of the date of publication of a summary in the Federal Register.\19\ --------------------------------------------------------------------------- \19\ These rules serve to ``reliev[e] a restriction.'' 5 U.S.C. 553(d)(1). --------------------------------------------------------------------------- 32. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to [[Page 13683]] the Chief Counsel for Advocacy of the Small Business Administration. 33. It is further ordered that the Commission shall send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). 34. It is further ordered that, should no petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 17-231 shall be terminated and its docket closed. List of Subjects 47 CFR Part 74 Education, Radio, Reporting and recordkeeping requirements, Television. 47 CFR Part 76 Administrative practice and procedure, Cable television, Reporting and recordkeeping requirements. 47 CFR Part 78 Cable television, Radio, Reporting and recordkeeping requirements, Television. Federal Communications Commission. Marlene H. Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 74, 76 and 78 as follows: PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES 0 1. The authority citation for part 74 continues to read as follows: Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and 554. 0 2. Revise Sec. 74.769 to read as follows: Sec. 74.769 Familiarity with FCC rules. Each licensee or permittee of a station authorized under this subpart shall be familiar with those rules relating to stations authorized under this subpart. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR. 0 3. Amend Sec. 74.787 by revising paragraph (a)(5)(viii) to read as follows: Sec. 74.787 Digital licensing. (a) * * * (5) * * * (viii) The following sections are applicable to analog-to-digital and digital-to-digital replacement television translator stations: Applicable Rule Sections Sec. 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. Sec. 74.703 Interference. Sec. 74.709 Land mobile station protection. Sec. 74.734 Attended and unattended operation. Sec. 74.735 Power Limitations. Sec. 74.751 Modification of transmission systems. Sec. 74.763 Time of Operation. Sec. 74.765 Posting of station and operator licenses. Sec. 74.769 Familiarity with FCC rules. Sec. 74.780 Broadcast regulations applicable to translators, low power, and booster stations (except Sec. 73.653--Operation of TV aural and visual transmitters and Sec. 73.1201--Station identification). Sec. 74.781 Station records. Sec. 74.784 Rebroadcasts. * * * * * 0 4. Revise Sec. 74.789 to read as follows: Sec. 74.789 Broadcast regulations applicable to digital low power television and television translator stations. The following sections are applicable to digital low power television and television translator stations: Sec. 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. Sec. 74.600 Eligibility for license. Sec. 74.703 Interference. Sec. 74.709 Land mobile station protection. Sec. 74.732 Eligibility and licensing requirements. Sec. 74.734 Attended and unattended operation. Sec. 74.735 Power limitations. Sec. 74.751 Modification of transmission systems. Sec. 74.763 Time of operation. Sec. 74.765 Posting of station and operator licenses. Sec. 74.769 Familiarity with FCC rules. Sec. 74.780 Broadcast regulations applicable to translators, low power, and booster stations (except Sec. 73.653--Operation of TV aural and visual transmitters and Sec. 73.1201--Station identification). Sec. 74.781 Station records. Sec. 74.784 Rebroadcasts. 0 5. Revise Sec. 74.1269 to read as follows: Sec. 74.1269 Familiarity with FCC rules. Each licensee or permittee of a station authorized under this subpart shall be familiar with those rules relating to stations authorized under this subpart. Copies of the Commission's Rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR. PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE 0 6. The authority citation for part 76 continues to read as follows: Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573. 0 7. Amend Sec. 76.1700 by revising paragraph (d) to read as follows: Sec. 76.1700 Records to be maintained by cable system operators. * * * * * (d) Exceptions to the public inspection file requirements. The operator of every cable television system having fewer than 1,000 subscribers is exempt from the online public file and from the public record requirements contained in Sec. 76.1701 (political file); Sec. 76.1702 (EEO records available for public inspection); Sec. 76.1703 (commercial records for children's programming); Sec. 76.1704 (proof- of-performance test data); Sec. 76.1706 (signal leakage logs and repair records); Sec. 76.1714 (Familiarity with FCC rules); and Sec. 76.1715 (sponsorship identification). * * * * * 0 8. Amend Sec. 76.1714 by revising the section heading and paragraphs (a) and (c) to read as follows: Sec. 76.1714 Familiarity with FCC rules. (a) The operator of a cable television system is expected to be familiar with the rules governing cable television systems and, if subject to the Emergency Alert System (EAS) rules contained in part 11 of this chapter, the EAS rules. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov or https://www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR. Copies of the EAS Operating Handbook may be accessed online at https://www.fcc.gov/general/eas-test-reporting-system. * * * * * (c) Both the licensee of a cable television relay station (CARS) and the [[Page 13684]] operator or operators responsible for the proper operation of the station are expected to be familiar with the rules governing cable television relay stations. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov or https://www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR. PART 78--CABLE TELEVISION RELAY SERVICE 0 9. The authority citation for part 78 continues to read as follows: Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309. 0 10. Revise Sec. 78.67 to read as follows: Sec. 78.67 Familiarity with FCC rules. Both the licensee of a cable television relay station (CARS) and the operator or operators responsible for the proper operation of the station are expected to be familiar with the rules governing CARS stations. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov or https://www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR. [FR Doc. 2018-06029 Filed 3-29-18; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations 13679
effects, distributive impacts, and Executive Order 13771, titled 418–3634. Direct press inquiries to
equity). A regulatory impact analysis Reducing Regulation and Controlling Janice Wise at (202) 418–8165.
(RIA) must be prepared for major rules Regulatory Costs, was issued on January SUPPLEMENTARY INFORMATION: This is a
with economically significant effects 30, 2017 and requires that the costs summary of the Commission’s Report
($100 million or more in any 1 year). associated with significant new and Order (Order), FCC 18–16, adopted
This document does not reach the regulations ‘‘shall, to the extent and released on February 20, 2018. The
economic threshold and thus is not permitted by law, be offset by the full text of this document is available
considered a major rule. elimination of existing costs associated electronically via the FCC’s Electronic
The RFA requires agencies to analyze with at least two prior regulations.’’ Document Management System
options for regulatory relief of small OMB’s interim guidance, issued on (EDOCS) website at http://
entities. For purposes of the RFA, small April 5, 2017, https:// fjallfoss.fcc.gov/edocs_public/ or via the
entities include small businesses, www.whitehouse.gov/sites/ FCC’s Electronic Comment Filing
nonprofit organizations, and small whitehouse.gov/files/omb/memoranda/ System (ECFS) website at http://
governmental jurisdictions. Most 2017/M-17-21-OMB.pdf, explains that fjallfoss.fcc.gov/ecfs2/. (Documents will
hospitals and most other providers and for Fiscal Year 2017 the above be available electronically in ASCII,
suppliers are small entities, either by requirements only apply to each new Microsoft Word, and/or Adobe Acrobat.)
nonprofit status or by having revenues ‘‘significant regulatory action that This document is also available for
of less than $7.5 million to $38.5 imposes costs.’’ It has been determined public inspection and copying during
million in any 1 year. Individuals and that this document is not a ‘‘significant regular business hours in the FCC
states are not included in the definition regulatory action’’ and thus does not Reference Information Center, which is
of a small entity. We are not preparing trigger the aforementioned requirements located in Room CY–A257 at FCC
an analysis for the RFA because we have of Executive Order 13771. Headquarters, 445 12th Street SW,
determined, and the Secretary certifies, In accordance with the provisions of Washington, DC 20554. The Reference
that this document will not have a Executive Order 12866, this document Information Center is open to the public
significant economic impact on a was reviewed by the Office of Monday through Thursday from 8:00
substantial number of small entities. Management and Budget. a.m. to 4:30 p.m. and Friday from 8:00
In addition, section 1102(b) of the Act
Dated: February 28, 2018. a.m. to 11:30 a.m. The complete text
requires us to prepare an RIA if a rule
Seema Verma, may be purchased from the
may have a significant impact on the
Administrator, Centers for Medicare & Commission’s copy contractor, 445 12th
operations of a substantial number of
Medicaid Services. Street SW, Room CY–B402, Washington,
small rural hospitals. This analysis must
DC 20554. Alternative formats are
conform to the provisions of section 604 [FR Doc. 2018–06552 Filed 3–29–18; 8:45 am]
of the RFA. For purposes of section BILLING CODE 4120–01–P
available for people with disabilities
1102(b) of the Act, we define a small (Braille, large print, electronic files,
rural hospital as a hospital that is audio format), by sending an email to
located outside of a Metropolitan fcc504@fcc.gov or calling the
FEDERAL COMMUNICATIONS
Statistical Area for Medicare payment Commission’s Consumer and
COMMISSION
regulations and has fewer than 100 Governmental Affairs Bureau at (202)
beds. We are not preparing an analysis 47 CFR Parts 74, 76, and 78 418–0530 (voice), (202) 418–0432
for section 1102(b) of the Act because (TTY).
[MB Docket No. 17–231; FCC 18–16]
we have determined, and the Secretary Synopsis
certifies, that this action will not have Maintenance of Copies of FCC Rules I. Report and Order
a significant impact on the operations of
a substantial number of small rural AGENCY: Federal Communications 1. In this Order, we eliminate rules
hospitals. Commission. that require certain broadcast and cable
Section 202 of the Unfunded ACTION: Final rule. entities to maintain paper copies of the
Mandates Reform Act of 1995 also Commission’s regulations. As part of
requires that agencies assess anticipated SUMMARY: In this document, the Federal our initiative to modernize our media
costs and benefits before issuing any Communications Commission (FCC or regulations, we issued a Notice of
rule whose mandates require spending Commission) eliminates rules that Proposed Rulemaking (NPRM)
in any 1 year of $100 million in 1995 require certain broadcast and cable proposing to eliminate requirements
dollars, updated annually for inflation. entities to maintain paper copies of the that regulatees maintain copies of
Currently, that threshold is Commission’s regulations. As set forth certain portions of the Code of Federal
approximately $148 million. This action below, we conclude that eliminating Regulations (CFR). We received
will have no consequential effect on these requirements, which apply to low unanimous support for this proposal. As
state, local, or tribal governments or on power TV, TV and FM translators, TV set forth below, we conclude that
the private sector. and FM booster stations, cable eliminating these requirements, which
Executive Order 13132 establishes television relay station (CARS) apply to low power TV, TV and FM
certain requirements that an agency licensees, and certain cable operators, translators, TV and FM booster stations,
must meet when it promulgates a will advance the Commission’s goal of cable television relay station (CARS)
proposed rule (and subsequent final reducing outdated regulations and licensees, and certain cable operators,
rule) that imposes substantial direct unnecessary regulatory burdens that can will advance the Commission’s goal of
requirement costs on state and local impede competition and innovation in reducing outdated regulations and
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governments, preempts state law, or media markets. unnecessary regulatory burdens that can
otherwise has Federalism implications. DATES: Effective March 30, 2018. impede competition and innovation in
Since this action does not impose any FOR FURTHER INFORMATION CONTACT: For media markets.
costs on state or local governments, the additional information, contact Jonathan 2. We adopt the proposal to eliminate
requirements of Executive Order 13132 Mark, Jonathan.Mark@fcc.gov, of the the requirement, set forth in § 74.769 of
are not applicable. Media Bureau, Policy Division, (202) our rules, that licensees or permittees of
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![Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations 13681
Order.2 The RFA generally defines the revenues of $38.5 million or less, determining the number of stations
term ‘‘small entity’’ as having the same according to Commission staff review of whose receipts exceeded $38.5 million
meaning as the terms ‘‘small business,’’ the BIA Kelsey Inc. Media Access Pro in that year, we conclude that the
‘‘small organization,’’ and ‘‘small Television Database (BIA) on February majority of television broadcast stations
governmental jurisdiction.’’ 3 In 24, 2017. Such entities, therefore, were small under the applicable SBA
addition, the term ‘‘small business’’ has qualify as small entities under the SBA size standard.
the same meaning as the term ‘‘small definition. The Commission has 19. Apart from the U.S. Census, the
business concern’’ under the Small estimated the number of licensed Commission has estimated the number
Business Act.4 A small business concern noncommercial educational (NCE) of licensed commercial AM radio
is one which: (1) Is independently television stations to be 394. The stations to be 4,486 stations 7 and the
owned and operated; (2) is not Commission, however, does not compile number of commercial FM radio
dominant in its field of operation; and and does not have access to information stations to be 6,755, for a total number
(3) satisfies any additional criteria on the revenue of NCE stations that of 11,241. Of this total, 9,898 stations
established by the SBA.5 Below, we would permit it to determine how many had revenues of $38.5 million or less,
provide a description of such small such stations would qualify as small according to Commission staff review of
entities, as well as an estimate of the entities. the BIA Kelsey Inc. Media Access Pro
number of such small entities, where 16. We note, however, that in Television Database (BIA) in October
feasible. assessing whether a business concern 2014. In addition, the Commission has
14. Television Broadcasting. This qualifies as ‘‘small’’ under the above estimated the number of noncommercial
Economic Census category ‘‘comprises definition, business (control) educational FM radio stations to be
establishments primarily engaged in affiliations 6 must be included. Our 4,111. NCE stations are non-profit, and
broadcasting images together with estimate, therefore likely overstates the therefore considered to be small entities.
sound.’’ These establishments operate number of small entities that might be Therefore, we estimate that the majority
television broadcast studios and affected by our action, because the of radio broadcast stations are small
facilities for the programming and revenue figure on which it is based does entities.
transmission of programs to the public. not include or aggregate revenues from 20. Low Power FM Stations. The same
These establishments also produce or affiliated companies. In addition, SBA definition that applies to radio
transmit visual programming to another element of the definition of stations would apply to low power FM
affiliated broadcast television stations, ‘‘small business’’ requires that an entity stations. As noted above, the SBA has
which in turn broadcast the programs to not be dominant in its field of operation. created the following small business
the public on a predetermined schedule. We are unable at this time to define or size standard for this category: Those
Programming may originate in their own quantify the criteria that would having $38.5 million or less in annual
studio, from an affiliated network, or establish whether a specific television receipts. The Commission has estimated
from external sources. The SBA has broadcast station is dominant in its field the number of licensed low power FM
created the following small business of operation. Accordingly, the estimate stations to be 1,966. In addition, as of
size standard for such businesses: Those of small businesses to which the June 30, 2017, there were a total of 7,453
having $38.5 million or less in annual proposed rules would apply does not FM translator and FM booster stations.
receipts. The 2012 Economic Census exclude any television station from the Given the nature of these services, we
reports that 751 firms in this category definition of a small business on this will presume that these licensees
operated in that year. Of that number, basis and therefore could be over- qualify as small entities under the SBA
656 had annual receipts of $25,000,000 inclusive. definition.
or less, 25 had annual receipts between 17. There are also 1,968 LPTV 21. We note again, however, that in
$25,000,000 and $49,999,999, and 70 stations, 417 Class A stations, and 3,776 assessing whether a business concern
had annual receipts of $50,000,000 or TV translator stations. Given the nature qualifies as ‘‘small’’ under the above
more. Based on this data, we estimate of these services, we will presume that definition, business (control)
that the majority of commercial all of these entities qualify as small affiliations 8 must be included. Because
television broadcasters are small entities entities under the above SBA small we do not include or aggregate revenues
under the applicable SBA size standard. business size standard. from affiliated companies in
15. In addition, the Commission has 18. Radio Stations. This economic determining whether an entity meets the
estimated the number of licensed Census category ‘‘comprises applicable revenue threshold, our
commercial television stations to be establishments primarily engaged in estimate of the number of small radio
1,384. Of this total, 1,264 stations had broadcasting aural programs by radio to broadcast stations affected is likely
the public.’’ The SBA has created the overstated. In addition, as noted above,
25 U.S.C. 603(b)(3).
following small business size standard one element of the definition of ‘‘small
35 U.S.C. 601(6).
for this category: those having $38.5 business’’ is that an entity not be
4 5 U.S.C. 601(3) (incorporating by reference the
million or less in annual receipts. dominant in its field of operation. We
definition of ‘‘small business concern’’ in 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory Census data for 2012 shows that 2,849 are unable at this time to define or
definition of a small business applies ‘‘unless an firms in this category operated in that quantify the criteria that would
agency, after consultation with the Office of
year. Of this number, 2,806 firms had establish whether a specific radio
Advocacy of the Small Business Administration broadcast station is dominant in its field
and after opportunity for public comment, annual receipts of less than $25,000,000,
establishes one or more definitions of such term and 43 firms had annual receipts of of operation. Accordingly, our estimate
which are appropriate to the activities of the agency $25,000,000 or more. Because the
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and publishes such definition(s) in the Federal 7 This number is derived from subtracting the
Register.’’ 5 U.S.C. 601(3).
Census has no additional classifications total number of noncommercial educational stations
5 15 U.S.C. 632. Application of the statutory that could serve as a basis for (204) from the total number of licensed AM stations
criteria of dominance in its field of operation and (4690).
independence are sometimes difficult to apply in 6 ‘‘[Business concerns] are affiliates of each other 8 ‘‘[Business concerns] are affiliates of each other
the context of broadcast television. Accordingly, the when one concern controls or has the power to when one concern controls or has the power to
Commission’s statistical account of television control the other or a third party or parties controls control the other or a third party or parties controls
stations may be over-inclusive. or has the power to control both.’’ or has the power to control both.’’
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![13682 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
of small radio stations potentially with greater precision the number of requirements or timetables that take into
affected by the proposed rules includes cable system operators that would account the resources available to small
those that could be dominant in their qualify as small cable operators under entities; (2) the clarification,
field of operation. For this reason, such the definition in the Communications consolidation, or simplification of
estimate likely is over-inclusive. Act. compliance and reporting requirements
22. Cable Companies and Systems 24. We also note that there currently under the rule for such small entities;
(Rate Regulation). The Commission has are 182 cable antenna relay service (3) the use of performance, rather than
developed its own small business size (CARS) licensees.15 The Commission, design, standards; and (4) an exemption
standards for the purpose of cable rate however, neither requests nor collects from coverage of the rule, or any part
regulation. Under the Commission’s information on whether CARS licensees thereof, for small entities.17
rules, a ‘‘small cable company’’ is one are affiliated with entities whose gross 28. The Report and Order eliminates
serving 400,000 or fewer subscribers annual revenues exceed $250 million. the obligation, imposed on certain
nationwide.9 In addition, under the Although some CARS licensees may be broadcasters and cable regulatees, to
Commission’s rate regulation rules, a affiliated with entities whose gross maintain paper copies of Commission
‘‘small system’’ is a cable system serving annual revenues exceed $250 million, rules. Eliminating these requirements is
15,000 or fewer subscribers.10 Industry we are unable at this time to estimate intended to modernize the
data indicate that there are currently with greater precision the number of Commission’s regulations and reduce
4,300 active cable systems in the United CARS licensees that would qualify as costs and recordkeeping burdens for
States.11 Of this total, 3,550 cable small cable operators under the affected entities, include small entities.
systems have fewer than 15,000 definition in the Communications Act. Under the revised rules, affected entities
subscribers, and 750 systems have 25. Description of Projected no longer will need to expend time and
15,000 or more subscribers.12 Thus, we Reporting, Recordkeeping, and Other resources maintaining and updating
estimate that most cable systems are Compliance Requirements. The Report hard copies of Commission rules, but
small entities. and Order eliminates rules that require rather, will be able to stay familiar with
23. Cable System Operators (Telecom certain broadcast and cable entities to Commission rules by accessing those
Act Standard). The Communications maintain paper copies of sections of the rules online. As noted, no party has
Act of 1934, as amended, also contains Commission’s regulations. Accordingly, opposed the rule revisions we adopt in
a size standard for small cable system the Report and Order does not impose the Order. Thus, we anticipate that
operators, which is ‘‘a cable operator any new reporting, recordkeeping, or affected small entities will benefit from
that, directly or through an affiliate, other compliance requirements. such revisions.
serves in the aggregate fewer than 1 26. Because no commenter provided 29. Report to Congress. The
percent of all subscribers in the United information specifically quantifying the Commission will send a copy of the
States and is not affiliated with any costs and administrative burdens of Report and Order, including this FRFA,
entity or entities whose gross annual complying with the existing in a report to be sent to Congress
revenues in the aggregate exceed $250 recordkeeping requirements, we cannot pursuant to the Congressional Review
million.’’ 13 There are approximately precisely estimate the impact on small Act.18 In addition, the Commission will
52,107,104 cable video subscribers in entities of eliminating them. The rule send a copy of the Report and Order,
the United States today. Accordingly, an revisions adopted in the Order will including this FRFA, to the Chief
operator serving fewer than 521,071 afford all affected Commission Counsel for Advocacy of the SBA. A
subscribers shall be deemed a small regulatees, including small entities, copy of the Report and Order and FRFA
operator if its annual revenues, when greater flexibility in the manner by (or summaries thereof) will also be
combined with the total annual which they access and stay familiar published in the Federal Register.
revenues of all its affiliates, do not with Commission rules governing their
30. It is ordered that, pursuant to the
exceed $250 million in the aggregate. services. Additionally, as NAB notes,
authority found in sections 1, 4(i), and
Based on available data, we find that all removing this obligation will also help
4(j) of the Communications Act of 1934,
but six incumbent cable operators are small entities in particular to cut
as amended, 47 U.S.C. 151, 154(i), and
small entities under this size standard. unnecessary costs related to maintaining
154(j), this Report and Order is hereby
We note that the Commission neither updated paper copies of Commission
adopted.
requests nor collects information on rules.16 No party in the proceeding has
opposed the proposals set forth in the 31. It is further ordered that, pursuant
whether cable system operators are to the authority found in sections 1, 4(i),
affiliated with entities whose gross NPRM. We thus find it reasonable to
conclude that the benefits of eliminating and 4(j) of the Communications Act of
annual revenues exceed $250 million.14 1934, as amended, 47 U.S.C. 151, 154(i),
Although it seems certain that some of the rules at issue outweigh any costs.
27. Steps Taken to Minimize and 154(j), the Commission’s rules are
these cable system operators are amended as set forth in Rules Appendix
affiliated with entities whose gross Significant Economic Impact on Small
Entities, and Significant Alternatives A of the Report and Order, effective as
annual revenues exceed $250 million, of the date of publication of a summary
we are unable at this time to estimate Considered. The RFA requires an
agency to describe any significant, in the Federal Register.19
9 47 CFR 76.901(e). specifically small business, alternatives 32. It is further ordered that the
10 47 CFR 76.901(c). that it has considered in reaching its Commission’s Consumer and
11 August 24, 2017 Report from the Media Bureau
proposed approach, which may include Governmental Affairs Bureau, Reference
based on data contained in the Commission’s Cable the following four alternatives (among Information Center, shall send a copy of
Operations and Licensing System (COALS). this Report and Order, including the
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12 Id.
others): (1) The establishment of
13 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & differing compliance or reporting Final Regulatory Flexibility Analysis, to
nn.1–3.
14 The Commission receives such information on 15 August 24, 2017 report from Media Bureau staff 17 5U.S.C. 603(c)(1)–(c)(4).
a case-by-case basis if a cable operator appeals a based on data contained in the Commission’s Cable 18 See5 U.S.C. 801(a)(1)(A).
local franchise authority’s finding that the operator Operations and Licensing System (COALS). 19 These rules serve to ‘‘reliev[e] a restriction.’’ 5
does not qualify as a small cable operator. 16 NAB Comments at 2. U.S.C. 553(d)(1).
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![13684 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
operator or operators responsible for the birds in Alaska and prescribe regional the continuation of customary and
proper operation of the station are information on when and where the traditional subsistence uses of migratory
expected to be familiar with the rules harvesting of birds may occur. These birds in Alaska and prescribe regional
governing cable television relay stations. regulations were developed under a co- information on when and where the
Copies of the Commission’s rules may management process involving the harvesting of birds may occur. These
be obtained from the Superintendent of Service, the Alaska Department of Fish regulations were developed under a co-
Documents, Government Publishing and Game, and Alaska Native management process involving the
Office, Washington, DC 20401, at representatives. The rulemaking is Service, the Alaska Department of Fish
nominal cost, or accessed online at necessary because the regulations and Game, and Alaska Native
https://www.ecfr.gov or https:// governing the subsistence harvest of representatives.
www.gpo.gov/fdsys/browse/ migratory birds in Alaska are subject to The Alaska Migratory Bird Co-
collectionCfr.action?collectionCode= annual review. This rulemaking management Council (Co-management
CFR. establishes region-specific regulations Council) held meetings on April 5–6,
that go into effect on April 2, 2018. 2017, to develop recommendations for
PART 78—CABLE TELEVISION RELAY DATES: The amendments to subpart C of
changes that would take effect during
SERVICE 50 CFR part 92 are effective April 2, the 2018 harvest season. The Co-
2018. The amendments to subpart D of management Council recommended no
■ 9. The authority citation for part 78 changes for the 2018 regulations.
continues to read as follows: 50 CFR part 92 are effective April 2,
On February 1, 2018, we published in
Authority: Secs. 2, 3, 4, 301, 303, 307, 308,
2018, through August 31, 2018.
the Federal Register a proposed rule (83
309, 48 Stat., as amended, 1064, 1065, 1066, FOR FURTHER INFORMATION CONTACT: FR 4623) to amend 50 CFR part 92 to
1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, Donna Dewhurst, U.S. Fish and Wildlife propose regulations for the 2018 spring
153, 154, 301, 303, 307, 308, 309. Service, 1011 E. Tudor Road, Mail Stop and summer subsistence harvest of
■ 10. Revise § 78.67 to read as follows: 201, Anchorage, AK 99503; (907) 786– migratory birds in Alaska at subpart D,
3499. and to amend subpart C. We accepted
§ 78.67 Familiarity with FCC rules.
SUPPLEMENTARY INFORMATION: public comments on the proposed rule
Both the licensee of a cable television
Why is this rulemaking necessary? for 30 days, ending March 5, 2018. A
relay station (CARS) and the operator or
summary of the comments we received,
operators responsible for the proper This rulemaking is necessary because, and our responses to them, is provided
operation of the station are expected to by law, the migratory bird harvest below, under Summary of Comments
be familiar with the rules governing season is closed unless opened by the and Responses.
CARS stations. Copies of the Secretary of the Interior, and the
Commission’s rules may be obtained regulations governing subsistence This Final Rule
from the Superintendent of Documents, harvest of migratory birds in Alaska are This final rule contains no changes
Government Publishing Office, subject to public review and annual from the proposed regulation
Washington, DC 20401, at nominal cost, approval. This rule establishes amendments published on February 1,
or accessed online at https:// regulations for the taking of migratory 2018 (83 FR 4623).
www.ecfr.gov or https://www.gpo.gov/ birds for subsistence uses in Alaska
fdsys/browse/collectionCfr.action? Who is eligible to hunt under these
during the spring and summer of 2018.
collectionCode=CFR. regulations?
This rule also sets forth a list of
[FR Doc. 2018–06029 Filed 3–29–18; 8:45 am] migratory bird season openings and Eligibility to harvest under the
BILLING CODE 6712–01–P closures in Alaska by region. regulations established in 2003 was
limited to permanent residents,
How do I find the history of these regardless of race, in villages located
regulations? within the Alaska Peninsula, Kodiak
DEPARTMENT OF THE INTERIOR
Background information, including Archipelago, the Aleutian Islands, and
Fish and Wildlife Service past events leading to this rulemaking, in areas north and west of the Alaska
accomplishments since the Migratory Range (50 CFR 92.5). These geographical
50 CFR Part 92 Bird Treaties with Canada and Mexico restrictions opened the initial migratory
were amended, and a history, were bird subsistence harvest to about 13
[Docket No. FWS–R7–MB–2017–0087;
FXMB12610700000–189–FF07M01000] originally addressed in the Federal percent of Alaska residents. High-
Register on August 16, 2002 (67 FR populated, roaded areas such as
RIN 1018–BC70 53511) and most recently on April 4, Anchorage, the Matanuska-Susitna and
2017 (82 FR 16298). Fairbanks North Star boroughs, the
Migratory Bird Subsistence Harvest in Recent Federal Register documents Kenai Peninsula roaded area, the Gulf of
Alaska; Harvest Regulations for and all final rules setting forth the Alaska roaded area, and Southeast
Migratory Birds in Alaska During the annual harvest regulations are available Alaska were excluded from eligible
2018 Season at http://www.fws.gov/alaska/ambcc/ subsistence harvest areas.
AGENCY: Fish and Wildlife Service, regulations.htm or by contacting the In response to petitions requesting
Interior. person listed under FOR FURTHER inclusion in the harvest in 2004, we
ACTION: Final rule. INFORMATION CONTACT. added 13 additional communities
consistent with the criteria set forth at
SUMMARY: The U.S. Fish and Wildlife What is the process for issuing 50 CFR 92.5(c). These communities
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Service (Service or we) is establishing regulations for the subsistence harvest were Gulkana, Gakona, Tazlina, Copper
migratory bird subsistence harvest of migratory birds in Alaska? Center, Mentasta Lake, Chitina,
regulations in Alaska for the 2018 The U.S. Fish and Wildlife Service is Chistochina, Tatitlek, Chenega, Port
season. These regulations allow for the establishing migratory bird subsistence- Graham, Nanwalek, Tyonek, and
continuation of customary and harvest regulations in Alaska for the Hoonah, with a combined population of
traditional subsistence uses of migratory 2018 season. These regulations allow for 2,766. In 2005, we added three
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Document Created: 2018-11-01 08:58:01
Document Modified: 2018-11-01 08:58:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective March 30, 2018. | |
| Contact | For additional information, contact Jonathan Mark, [email protected], of the Media Bureau, Policy Division, (202) 418-3634. Direct press inquiries to Janice Wise at (202) 418-8165. | |
| FR Citation | 83 FR 13679 | |
| CFR Citation | 47
CFR
74 47 CFR 76 47 CFR 78 | |
| CFR Associated | Education; Radio; Reporting and Recordkeeping Requirements; Television; Administrative Practice and Procedure and Cable Television |
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