83_FR_19545 83 FR 19459 - Obligations Relating to Submission of FCC Form 2100, Schedule G, Used To Report TV Stations' Ancillary or Supplementary Services

83 FR 19459 - Obligations Relating to Submission of FCC Form 2100, Schedule G, Used To Report TV Stations' Ancillary or Supplementary Services

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 86 (May 3, 2018)

Page Range19459-19461
FR Document2018-09335

In this document, the Federal Communications Commission (Commission) revises of its rules to relieve certain digital television stations of an annual reporting obligation relating to the provision of ancillary or supplementary services.

Federal Register, Volume 83 Issue 86 (Thursday, May 3, 2018)
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Rules and Regulations]
[Pages 19459-19461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09335]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 17-264; FCC 18-41]


Obligations Relating to Submission of FCC Form 2100, Schedule G, 
Used To Report TV Stations' Ancillary or Supplementary Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) revises of its rules to relieve certain digital television 
stations of an annual reporting obligation relating to the provision of 
ancillary or supplementary services.

DATES: These rule revisions are effective on May 3, 2018.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Raelynn Remy of the Policy Division, Media Bureau 
at [email protected], or (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 18-41, adopted on April 12, 2018. The full text is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, Federal Communications Commission, 
445 12th Street SW, Room CY-A257, Washington, DC 20554. This document 
will also be available via ECFS at https://ecfsapi.fcc.gov/file/0413667409173/FCC-18-41A1.pdf. Documents will be available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. 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

    1. In this Report and Order (Order), we adopt our proposal to 
revise Sec.  73.624(g) of the Commission's rules to require only those 
digital television (DTV) broadcast stations that actually provided 
feeable ancillary or supplementary services during the relevant 
reporting period to submit Form 2100, Schedule G to the Commission.\1\
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    \1\ 47 CFR 73.624(g)(2); 82 FR 56574. In addition to proposing 
the rule revisions adopted in this Order, the NPRM (see 82 FR 56574 
(Nov. 29, 2017)) also sought comment on possible revisions to Sec.  
73.3580 of the Commission's rules concerning public notice of 
broadcast applications. We will address issues relating to Sec.  
73.3580 at a later date.
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    2. Section 336 of the Communications Act of 1934, as amended (Act), 
authorizes DTV stations to offer ancillary or supplementary services in 
addition to their free, over-the-air television service.\2\ Section 
336(e) of the Act directs the Commission to establish a fee program for 
any such services for which the payment of a subscription fee is 
required, or for which the licensee receives compensation from a third 
party in return for transmitting material furnished by that party,\3\ 
otherwise known as ``feeable'' ancillary or supplementary services. 
Under Sec.  336(e)(4), the Commission must advise Congress annually on 
``the amounts collected pursuant to [the fee] program.''
---------------------------------------------------------------------------

    \2\ 47 U.S.C. 336.
    \3\ Such compensation excludes advertising revenues used to 
support broadcasting for which a subscription fee is not required.
---------------------------------------------------------------------------

    3. To carry out its mandate, the Commission in 1998 adopted rules 
that: (i) Set the fee for feeable ancillary or supplementary services 
at five percent of the gross revenues received from the provision of 
those services; and (ii) require all DTV licensees and permittees 
annually to file Schedule G, which is used to report information about 
their use of the DTV bitstream to provide such services. Such stations 
must submit Schedule G every year even if they provided no ancillary or 
supplementary services during the relevant reporting period. Failure to 
file the form ``regardless of revenues from ancillary or supplementary 
services or provision of such services may result in appropriate 
sanctions.''
    4. In October 2017, the Commission issued a Notice of Proposed 
Rulemaking (NPRM) proposing to modify Sec.  73.624(g)(2) to require 
only those DTV stations that provide feeable ancillary or supplementary 
services to submit Schedule G on an annual basis. The following month, 
the Media Bureau, on its own motion, waived the December 1, 2017 
deadline for the filing of Schedule G by DTV stations that received no 
revenues from such services during the reporting period ending 
September 30, 2017, pending Commission action on the proposal to 
eliminate the Sec.  73.264(g)(2) reporting obligation. In response to 
the NPRM, we received no opposition to the proposed revisions to Sec.  
73.624(g).
    5. We adopt our proposal to modify Sec.  73.624(g)(2) of the 
Commission's rules to require only those DTV stations that provide 
feeable ancillary or supplementary services during the relevant 
reporting period to submit Schedule G.\4\ We find persuasive 
commenters' unanimous assertions that requiring all DTV stations to 
file this form, regardless of whether they have provided ancillary or 
supplementary services or received revenue from those services, imposes 
unnecessary regulatory burdens and wastes resources. The record has not 
shown there will be any impact on our ability to discharge our 
statutory obligations by modifying our rules as proposed. Requiring the 
submission of Schedule G only by DTV stations that have provided 
feeable ancillary or supplementary services will continue to provide 
the Commission with the necessary information to assess and collect the 
required fees \5\ and to fulfill its reporting obligation to 
Congress.\6\ Stations that

[[Page 19460]]

provide feeable ancillary or supplementary services and fail to file 
the required information will be subject to appropriate sanctions. In 
addition, as we noted in the NPRM, only a small fraction of all 
television broadcast stations provide feeable ancillary or 
supplementary services. Based on a Media Bureau staff review of 
Schedule G filings, only twelve out of more than 6,000 DTV stations 
required to file Schedule G received revenues from their provision of 
ancillary or supplementary services in 2017, and the Commission 
collected less than $1,300 in fees from those revenues.\7\ We thus 
agree with commenters who assert that the costs of applying Sec.  
73.624(g)(2) to all DTV stations outweigh any associated public 
interest benefits.
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    \4\ As proposed in the NPRM, we also revise Schedule G to 
conform to the rule amendments adopted herein.
    \5\ For example, requiring DTV stations that have provided 
feeable ancillary or supplementary services to file Schedule G will 
allow us to continue to assure that a portion of the value of the 
public spectrum resource made available for commercial use is 
recovered for the public benefit and to avoid unjust enrichment of 
the station.
    \6\ The Commission fulfills its reporting obligation by 
providing the required information in the Video Competition Report, 
which identifies the total reported revenues from ancillary or 
supplementary services and the amount of fees collected by the 
Commission.
    \7\ These totals are based on a review of all Schedule G filings 
for the 2017 reporting period. The data underlying these totals are 
publicly available through the Commission's LMS database application 
search, https://enterpriseefiling.fcc.gov/dataentry/public/tv/publicAppSearch.html.
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    6. We therefore affirm our tentative conclusion that such a broad 
application of the reporting requirement is not necessary to fulfill 
our statutory requirement to ``report to Congress on the [fee] program 
. . . and [give the agency] the information necessary to adjust the fee 
program as appropriate consistent with the use of the spectrum.'' 
Rather, the form-filing requirement will only continue to apply to DTV 
stations that actually receive revenue from feeable services. As some 
parties have noted, waiver of the December 1, 2017 deadline for filing 
Schedule G spared thousands of DTV stations from expending time and 
resources to submit such reports, without compromising the Commission's 
fulfillment of its obligation to report to Congress under section 336. 
For these reasons, we conclude that eliminating this reporting 
obligation for DTV stations that have provided no feeable ancillary or 
supplementary services during the reporting period serves the public 
interest by reducing unnecessary regulatory burdens.
    7. 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). The 
Commission sought written public comments on proposals in the NPRM, 
including comment on the IRFA. The Commission received no comments on 
the IRFA. The present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.
    8. In the Order, we amend Sec.  73.624(g)(2) to relieve television 
broadcasters that have received no feeable revenues from the provision 
of ancillary or supplementary services, and thus are not required to 
pay fees on those revenues, of the obligation to submit FCC Form 2100, 
Schedule G annually. No parties filed comments in response to the IRFA 
or otherwise addressed the impact on smaller entities of the proposed 
revisions to Sec.  73.624(g). In addition, the Chief Counsel for 
Advocacy of the Small Business Administration (SBA) did not file 
comments in response to the proposed rules in this proceeding.
    9. The Order is authorized pursuant to sections 1, 4(i), 4(j), 
303(r), and 336 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 154(j), 303(r), and 336. The types of small 
entities that may be affected by the Order fall within the following 
category: Television Broadcasting. The Order adopts no reporting, 
recordkeeping, or other compliance requirements. The Order eliminates 
an annual reporting obligation and the expenditure of resources 
associated with filing the annual reports for a substantial number of 
broadcast stations, including small entities. Because the revisions to 
Sec.  73.624(g) adopted in the Order are unopposed, we expect that DTV 
stations, including affected small entities, will benefit from such 
revisions.
    10. This Order eliminates, and thus does not contain new or 
revised, information collection requirements subject to the Paperwork 
Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 through 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.
    11. The Commission will send a copy of this Order to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act.
    12. Accordingly, it is ordered that, pursuant to the authority 
found in sections 1, 4(i), 4(j), 303(r), and 336 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303(r), and 
336, this Report and Order is adopted, effective as of the date of 
publication of a summary in the Federal Register.\8\
---------------------------------------------------------------------------

    \8\ These rule changes serve to ``reliev[e] a restriction.'' 5 
U.S.C. 553(d)(1).
---------------------------------------------------------------------------

    13. It is further ordered that, pursuant to the authority found in 
sections 1, 4(i), 4(j), 303(r), and 336 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303(r), and 336, the 
Commission's rules are hereby amended.
    14. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends part 73 of title 47 of the Code of 
Federal Regulations (CFR) as set forth below:

PART 73--RADIO BROADCAST SERVICES

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

    Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.


0
2. Revise Sec.  73.624(g)(2)(i) and (ii) to read as follows:


Sec.  73.624  Digital television broadcast stations.

* * * * *
    (g) * * *
    (2) * * *
    (i) Each December 1, all commercial and noncommercial DTV licensees 
and permittees that provided feeable ancillary or supplementary 
services as defined in this section at any point during the 12-month 
period ending on the preceding September 30 will electronically report, 
for the applicable period:
    (A) A brief description of the feeable ancillary or supplementary 
services provided;
    (B) Gross revenues received from all feeable ancillary and 
supplementary services provided during the applicable period; and
    (C) The amount of bitstream used to provide feeable ancillary or 
supplementary services during the applicable period. Licensees and 
permittees will certify under penalty of perjury the accuracy of the 
information reported. Failure to file information required by this 
section may result in appropriate sanctions.
    (ii) A commercial or noncommercial DTV licensee or permittee that 
has provided feeable ancillary or supplementary services at any point 
during a 12-month period ending on September 30 must additionally file 
the

[[Page 19461]]

FCC's standard remittance form (Form 159) on the subsequent December 1. 
Licensees and permittees will certify the amount of gross revenues 
received from feeable ancillary or supplementary services for the 
applicable 12-month period and will remit the payment of the required 
fee.
* * * * *
[FR Doc. 2018-09335 Filed 5-2-18; 8:45 am]
BILLING CODE 6712-01-P



                                                                  Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations                                                     19459

                                                 (ii) Each antenna associated with the                Street SW, Room CY–A257,                                such services. Such stations must
                                              deployment, excluding the associated                    Washington, DC 20554. This document                     submit Schedule G every year even if
                                              equipment (as defined in the definition                 will also be available via ECFS at                      they provided no ancillary or
                                              of antenna in § 1.1320(d)), is no more                  https://ecfsapi.fcc.gov/file/041366                     supplementary services during the
                                              than three cubic feet in volume;                        7409173/FCC-18-41A1.pdf. Documents                      relevant reporting period. Failure to file
                                                 (iii) All other wireless equipment                   will be available electronically in ASCII,              the form ‘‘regardless of revenues from
                                              associated with the structure, including                Microsoft Word, and/or Adobe Acrobat.                   ancillary or supplementary services or
                                              the wireless equipment associated with                  The complete text may be purchased                      provision of such services may result in
                                              the antenna and any pre-existing                        from the Commission’s copy contractor,                  appropriate sanctions.’’
                                              associated equipment on the structure,                  445 12th Street SW, Room CY–B402,                          4. In October 2017, the Commission
                                              is no more than 28 cubic feet in volume;                Washington, DC 20554. Alternative                       issued a Notice of Proposed Rulemaking
                                              and                                                     formats are available for people with                   (NPRM) proposing to modify
                                                 (iv) The facilities do not require                   disabilities (Braille, large print,                     § 73.624(g)(2) to require only those DTV
                                              antenna structure registration under part               electronic files, audio format), by                     stations that provide feeable ancillary or
                                              17 of this chapter; and                                 sending an email to fcc504@fcc.gov or                   supplementary services to submit
                                                 (v) The facilities are not located on                calling the Commission’s Consumer and                   Schedule G on an annual basis. The
                                              tribal lands, as defined under 36 CFR                   Governmental Affairs Bureau at (202)                    following month, the Media Bureau, on
                                              800.16(x); and                                          418–0530 (voice), (202) 418–0432                        its own motion, waived the December 1,
                                                 (vi) The facilities do not result in                 (TTY).                                                  2017 deadline for the filing of Schedule
                                              human exposure to radiofrequency                                                                                G by DTV stations that received no
                                              radiation in excess of the applicable                   Synopsis
                                                                                                                                                              revenues from such services during the
                                              safety standards specified in § 1.1307(b).                 1. In this Report and Order (Order),                 reporting period ending September 30,
                                                                                                      we adopt our proposal to revise                         2017, pending Commission action on
                                              Federal Communications Commission.
                                                                                                      § 73.624(g) of the Commission’s rules to                the proposal to eliminate the
                                              Katura Jackson,                                         require only those digital television
                                              Federal Register Liaison Officer, Office of the                                                                 § 73.264(g)(2) reporting obligation. In
                                                                                                      (DTV) broadcast stations that actually                  response to the NPRM, we received no
                                              Secretary.                                              provided feeable ancillary or
                                              [FR Doc. 2018–08886 Filed 5–2–18; 8:45 am]
                                                                                                                                                              opposition to the proposed revisions to
                                                                                                      supplementary services during the                       § 73.624(g).
                                              BILLING CODE 6712–01–P                                  relevant reporting period to submit                        5. We adopt our proposal to modify
                                                                                                      Form 2100, Schedule G to the
                                                                                                                                                              § 73.624(g)(2) of the Commission’s rules
                                                                                                      Commission.1
                                              FEDERAL COMMUNICATIONS                                                                                          to require only those DTV stations that
                                                                                                         2. Section 336 of the Communications
                                              COMMISSION                                              Act of 1934, as amended (Act),                          provide feeable ancillary or
                                                                                                      authorizes DTV stations to offer                        supplementary services during the
                                              47 CFR Part 73                                          ancillary or supplementary services in                  relevant reporting period to submit
                                                                                                      addition to their free, over-the-air                    Schedule G.4 We find persuasive
                                              [MB Docket No. 17–264; FCC 18–41]
                                                                                                      television service.2 Section 336(e) of the              commenters’ unanimous assertions that
                                              Obligations Relating to Submission of                   Act directs the Commission to establish                 requiring all DTV stations to file this
                                              FCC Form 2100, Schedule G, Used To                      a fee program for any such services for                 form, regardless of whether they have
                                              Report TV Stations’ Ancillary or                        which the payment of a subscription fee                 provided ancillary or supplementary
                                              Supplementary Services                                  is required, or for which the licensee                  services or received revenue from those
                                                                                                      receives compensation from a third                      services, imposes unnecessary
                                              AGENCY:  Federal Communications                                                                                 regulatory burdens and wastes
                                                                                                      party in return for transmitting material
                                              Commission.                                                                                                     resources. The record has not shown
                                                                                                      furnished by that party,3 otherwise
                                              ACTION: Final rule.                                     known as ‘‘feeable’’ ancillary or                       there will be any impact on our ability
                                                                                                      supplementary services. Under                           to discharge our statutory obligations by
                                              SUMMARY:   In this document, the Federal                                                                        modifying our rules as proposed.
                                              Communications Commission                               § 336(e)(4), the Commission must advise
                                                                                                      Congress annually on ‘‘the amounts                      Requiring the submission of Schedule G
                                              (Commission) revises of its rules to                                                                            only by DTV stations that have provided
                                              relieve certain digital television stations             collected pursuant to [the fee] program.’’
                                                                                                         3. To carry out its mandate, the                     feeable ancillary or supplementary
                                              of an annual reporting obligation                                                                               services will continue to provide the
                                              relating to the provision of ancillary or               Commission in 1998 adopted rules that:
                                                                                                      (i) Set the fee for feeable ancillary or                Commission with the necessary
                                              supplementary services.                                                                                         information to assess and collect the
                                                                                                      supplementary services at five percent
                                              DATES: These rule revisions are effective                                                                       required fees 5 and to fulfill its reporting
                                                                                                      of the gross revenues received from the
                                              on May 3, 2018.                                         provision of those services; and (ii)                   obligation to Congress.6 Stations that
                                              FOR FURTHER INFORMATION CONTACT: For                    require all DTV licensees and permittees
                                              additional information on this                          annually to file Schedule G, which is                     4 As proposed in the NPRM, we also revise

                                              proceeding, contact Raelynn Remy of                     used to report information about their                  Schedule G to conform to the rule amendments
                                              the Policy Division, Media Bureau at                                                                            adopted herein.
                                                                                                      use of the DTV bitstream to provide                       5 For example, requiring DTV stations that have
                                              Raelynn.Remy@fcc.gov, or (202) 418–                                                                             provided feeable ancillary or supplementary
                                              2120.                                                      1 47 CFR 73.624(g)(2); 82 FR 56574. In addition      services to file Schedule G will allow us to continue
                                                                                                      to proposing the rule revisions adopted in this         to assure that a portion of the value of the public
                                              SUPPLEMENTARY INFORMATION: This is a
                                                                                                      Order, the NPRM (see 82 FR 56574 (Nov. 29, 2017))
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                              spectrum resource made available for commercial
                                              summary of the Commission’s Report                      also sought comment on possible revisions to            use is recovered for the public benefit and to avoid
                                              and Order, FCC 18–41, adopted on April                  § 73.3580 of the Commission’s rules concerning          unjust enrichment of the station.
                                              12, 2018. The full text is available for                public notice of broadcast applications. We will          6 The Commission fulfills its reporting obligation
                                                                                                      address issues relating to § 73.3580 at a later date.   by providing the required information in the Video
                                              public inspection and copying during                       2 47 U.S.C. 336.
                                                                                                                                                              Competition Report, which identifies the total
                                              regular business hours in the FCC                          3 Such compensation excludes advertising             reported revenues from ancillary or supplementary
                                              Reference Center, Federal                               revenues used to support broadcasting for which a       services and the amount of fees collected by the
                                              Communications Commission, 445 12th                     subscription fee is not required.                       Commission.



                                         VerDate Sep<11>2014   15:59 May 02, 2018   Jkt 244001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\03MYR1.SGM     03MYR1


                                              19460                 Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations

                                              provide feeable ancillary or                             broadcasters that have received no                    303(r), and 336, the Commission’s rules
                                              supplementary services and fail to file                  feeable revenues from the provision of                are hereby amended.
                                              the required information will be subject                 ancillary or supplementary services, and                14. It is further ordered that the
                                              to appropriate sanctions. In addition, as                thus are not required to pay fees on                  Commission shall send a copy of this
                                              we noted in the NPRM, only a small                       those revenues, of the obligation to                  Report and Order in a report to Congress
                                              fraction of all television broadcast                     submit FCC Form 2100, Schedule G                      and the Government Accountability
                                              stations provide feeable ancillary or                    annually. No parties filed comments in                Office pursuant to the Congressional
                                              supplementary services. Based on a                       response to the IRFA or otherwise                     Review Act.
                                              Media Bureau staff review of Schedule                    addressed the impact on smaller entities
                                              G filings, only twelve out of more than                  of the proposed revisions to § 73.624(g).             List of Subjects in 47 CFR Part 73
                                              6,000 DTV stations required to file                      In addition, the Chief Counsel for                        Television.
                                              Schedule G received revenues from                        Advocacy of the Small Business                        Federal Communications Commission.
                                              their provision of ancillary or                          Administration (SBA) did not file                     Marlene Dortch,
                                              supplementary services in 2017, and the                  comments in response to the proposed
                                                                                                                                                             Secretary.
                                              Commission collected less than $1,300                    rules in this proceeding.
                                              in fees from those revenues.7 We thus                       9. The Order is authorized pursuant to             Final Rules
                                              agree with commenters who assert that                    sections 1, 4(i), 4(j), 303(r), and 336 of
                                                                                                                                                               For the reasons discussed in the
                                              the costs of applying § 73.624(g)(2) to all              the Communications Act of 1934, as
                                                                                                                                                             preamble, the Federal Communications
                                              DTV stations outweigh any associated                     amended, 47 U.S.C. 151, 154(i), 154(j),
                                                                                                                                                             Commission amends part 73 of title 47
                                              public interest benefits.                                303(r), and 336. The types of small
                                                 6. We therefore affirm our tentative                                                                        of the Code of Federal Regulations (CFR)
                                                                                                       entities that may be affected by the
                                              conclusion that such a broad                                                                                   as set forth below:
                                                                                                       Order fall within the following category:
                                              application of the reporting requirement                 Television Broadcasting. The Order                    PART 73—RADIO BROADCAST
                                              is not necessary to fulfill our statutory                adopts no reporting, recordkeeping, or                SERVICES
                                              requirement to ‘‘report to Congress on                   other compliance requirements. The
                                              the [fee] program . . . and [give the                    Order eliminates an annual reporting                  ■ 1. The authority citation for part 73
                                              agency] the information necessary to                     obligation and the expenditure of                     continues to read as follows:
                                              adjust the fee program as appropriate                    resources associated with filing the                    Authority: 47 U.S.C. 154, 303, 309, 310,
                                              consistent with the use of the                           annual reports for a substantial number               334, 336, and 339.
                                              spectrum.’’ Rather, the form-filing                      of broadcast stations, including small
                                              requirement will only continue to apply                  entities. Because the revisions to                    ■ 2. Revise § 73.624(g)(2)(i) and (ii) to
                                              to DTV stations that actually receive                    § 73.624(g) adopted in the Order are                  read as follows:
                                              revenue from feeable services. As some                   unopposed, we expect that DTV                         § 73.624 Digital television broadcast
                                              parties have noted, waiver of the                        stations, including affected small                    stations.
                                              December 1, 2017 deadline for filing                     entities, will benefit from such
                                              Schedule G spared thousands of DTV                                                                             *      *   *     *      *
                                                                                                       revisions.                                              (g) * * *
                                              stations from expending time and                            10. This Order eliminates, and thus
                                              resources to submit such reports,                                                                                (2) * * *
                                                                                                       does not contain new or revised,
                                              without compromising the                                                                                         (i) Each December 1, all commercial
                                                                                                       information collection requirements
                                              Commission’s fulfillment of its                                                                                and noncommercial DTV licensees and
                                                                                                       subject to the Paperwork Reduction Act
                                              obligation to report to Congress under                                                                         permittees that provided feeable
                                                                                                       of 1995, Public Law 104–13 (44 U.S.C.
                                              section 336. For these reasons, we                                                                             ancillary or supplementary services as
                                                                                                       3501 through 3520). In addition,
                                              conclude that eliminating this reporting                                                                       defined in this section at any point
                                                                                                       therefore, it does not contain any new
                                              obligation for DTV stations that have                                                                          during the 12–month period ending on
                                                                                                       or modified ‘‘information burden for
                                              provided no feeable ancillary or                                                                               the preceding September 30 will
                                                                                                       small business concerns with fewer than
                                              supplementary services during the                                                                              electronically report, for the applicable
                                                                                                       25 employees’’ pursuant to the Small
                                              reporting period serves the public                                                                             period:
                                                                                                       Business Paperwork Relief Act of 2002.
                                              interest by reducing unnecessary                            11. The Commission will send a copy                  (A) A brief description of the feeable
                                              regulatory burdens.                                      of this Order to Congress and the                     ancillary or supplementary services
                                                 7. As required by the Regulatory                      Government Accountability Office                      provided;
                                              Flexibility Act of 1980, as amended                      pursuant to the Congressional Review                    (B) Gross revenues received from all
                                              (RFA), an Initial Regulatory Flexibility                 Act.                                                  feeable ancillary and supplementary
                                              Analysis (IRFA) was incorporated in the                     12. Accordingly, it is ordered that,               services provided during the applicable
                                              Notice of Proposed Rulemaking                            pursuant to the authority found in                    period; and
                                              (NPRM). The Commission sought                            sections 1, 4(i), 4(j), 303(r), and 336 of              (C) The amount of bitstream used to
                                              written public comments on proposals                     the Communications Act of 1934, as                    provide feeable ancillary or
                                              in the NPRM, including comment on the                    amended, 47 U.S.C. 151, 154(i), 154(j),               supplementary services during the
                                              IRFA. The Commission received no                         303(r), and 336, this Report and Order                applicable period. Licensees and
                                              comments on the IRFA. The present                        is adopted, effective as of the date of               permittees will certify under penalty of
                                              Final Regulatory Flexibility Analysis                    publication of a summary in the Federal               perjury the accuracy of the information
                                              (FRFA) conforms to the RFA.                              Register.8                                            reported. Failure to file information
                                                 8. In the Order, we amend                                13. It is further ordered that, pursuant           required by this section may result in
sradovich on DSK3GMQ082PROD with RULES




                                              § 73.624(g)(2) to relieve television                     to the authority found in sections 1, 4(i),           appropriate sanctions.
                                                                                                       4(j), 303(r), and 336 of the                            (ii) A commercial or noncommercial
                                                7 These totals are based on a review of all
                                                                                                       Communications Act of 1934, as                        DTV licensee or permittee that has
                                              Schedule G filings for the 2017 reporting period.                                                              provided feeable ancillary or
                                              The data underlying these totals are publicly            amended, 47 U.S.C. 151, 154(i), 154(j),
                                              available through the Commission’s LMS database
                                                                                                                                                             supplementary services at any point
                                              application search, https://enterpriseefiling.fcc.gov/     8 These rule changes serve to ‘‘reliev[e] a         during a 12–month period ending on
                                              dataentry/public/tv/publicAppSearch.html.                restriction.’’ 5 U.S.C. 553(d)(1).                    September 30 must additionally file the


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                                                                  Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations                                         19461

                                              FCC’s standard remittance form (Form                    (TTY). This document is not subject to                General Category (LAGC) fleet for the
                                              159) on the subsequent December 1.                      the Congressional Review Act. The                     2018 fishing year, and a State Waters
                                              Licensees and permittees will certify the               Commission is, therefore, not required                Exemption Program for the State of
                                              amount of gross revenues received from                  to submit a copy of this Memorandum                   Maine and Commonwealth of
                                              feeable ancillary or supplementary                      Opinion and Order to the General                      Massachusetts. Section 648.62(b)(2)
                                              services for the applicable 12–month                    Accounting Office pursuant to the                     requires the NGOM Scallop
                                              period and will remit the payment of                    Congressional Review Act, see 5 U.S.C.                Management Area to be closed to
                                              the required fee.                                       801(a)(1)(A), because the Petition for                scallop vessels issued federal LAGC
                                              *     *     *     *    *                                Reconsideration was dismissed.                        scallop permits, except as provided
                                              [FR Doc. 2018–09335 Filed 5–2–18; 8:45 am]              Federal Communications Commission.                    below, for the remainder of the fishing
                                              BILLING CODE 6712–01–P                                  Thomas Horan,                                         year once the NMFS Greater Atlantic
                                                                                                      Chief of Staff, Media Bureau.                         Regional Administrator determines that
                                                                                                      [FR Doc. 2018–09413 Filed 5–2–18; 8:45 am]
                                                                                                                                                            the LAGC TAC for the fishing year is
                                              FEDERAL COMMUNICATIONS                                                                                        projected to be harvested. Any vessel
                                                                                                      BILLING CODE 6712–01–P
                                              COMMISSION                                                                                                    that holds a federal NGOM (category
                                                                                                                                                            LAGC B) or Individual Fishing Quota
                                              47 CFR Part 76
                                                                                                                                                            (IFQ) (LAGC A) permit may continue to
                                                                                                      DEPARTMENT OF COMMERCE
                                              [CS Docket No. 98–120; DA 18–410]                                                                             fish in the Maine or Massachusetts state
                                                                                                      National Oceanic and Atmospheric                      waters portion of the NGOM Scallop
                                              Carriage of Digital Television                                                                                Management Area under the State
                                                                                                      Administration
                                              Broadcast Signals                                                                                             Waters Exemption Program found in
                                              AGENCY: Federal Communications                          50 CFR Part 648                                       § 648.54 provided it has a valid Maine
                                              Commission.                                                                                                   or Massachusetts state scallop permit
                                                                                                      [Docket No. 180110025–8285–02]
                                              ACTION: Dismissal of petition for                                                                             and fishes in that states respective
                                              reconsideration.                                        RIN 0648–XG202                                        waters only.
                                                                                                                                                               Based on trip declarations by
                                              SUMMARY:    This document dismisses the                 Fisheries of the Northeastern United
                                                                                                                                                            federally permitted LAGC scallop
                                              Petition for Reconsideration filed by                   States; Atlantic Sea Scallop Fishery;
                                                                                                                                                            vessels fishing in the NGOM Scallop
                                              Paxson Communications Corporation                       2018 Closure of the Northern Gulf of
                                                                                                                                                            Management Area and analysis of
                                              (now known as ION Media Networks,                       Maine Scallop Management Area
                                                                                                                                                            fishing effort, we project that the 2018
                                              Inc.) (ION). Due to the passage of time,                AGENCY:  National Marine Fisheries                    LAGC TAC will be harvested as of May
                                              ION has agreed to withdraw its petition.                Service (NMFS), National Oceanic and                  2, 2018. Therefore, in accordance with
                                              Accordingly, the Media Bureau                           Atmospheric Administration (NOAA),                    § 648.62(b)(2), the NGOM Scallop
                                              dismisses the petition without                          Commerce.                                             Management Area is closed to all
                                              prejudice.
                                                                                                      ACTION: Temporary rule; closure.                      federally permitted LAGC scallop
                                              DATES: May 3, 2018.                                                                                           vessels as of May 2, 2018. As of this
                                              ADDRESSES: Federal Communications                       SUMMARY:   NMFS announces the closure                 date, no vessel issued a federal LAGC
                                              Commission, 445 12th Street SW,                         of the Northern Gulf of Maine Scallop                 scallop permit may fish for, possess, or
                                              Washington, DC 20554.                                   Management Area for the remainder of                  land scallops in or from the NGOM
                                              FOR FURTHER INFORMATION CONTACT:                        the 2018 fishing year for Limited Access              Scallop Management Area after 0001
                                              Diana Sokolow, Diana.Sokolow@fcc.gov,                   General Category vessels. Vessels                     local time, May 2, 2018, unless the
                                              of the Policy Division, Media Bureau,                   subject to this closure may not fish for,             vessel is fishing exclusively in state
                                              (202) 418–2120.                                         possess, or land scallops in or from the              waters and is participating in an
                                                                                                      Northern Gulf of Maine Scallop                        approved state waters exemption
                                              SUPPLEMENTARY INFORMATION: This is a
                                                                                                      Management Area through March 31,                     program as specified in § 648.54. Any
                                              summary of the Order of Dismissal, CS
                                                                                                      2019. Regulations require this action                 federally permitted LAGC scallop vessel
                                              Docket No. 98–120, adopted and
                                                                                                      once NMFS projects that 100 percent of                that has declared into the NGOM
                                              released on April 23, 2018. The full text
                                                                                                      the Limited Access General Category                   Scallop Management Area, complied
                                              of this document is available for public
                                                                                                      2018 total allowable catch for the                    with all trip notification and observer
                                              inspection and copying during regular
                                                                                                      Northern Gulf of Maine Scallop                        requirements, and crossed the VMS
                                              business hours in the FCC Reference
                                                                                                      Management Area will be harvested.                    demarcation line on the way to the area
                                              Center, Federal Communications
                                              Commission, 445 12th Street SW,                         DATES: Effective 0001 hr local time, May              before 0001, May 2, 2018, may complete
                                              Washington, DC 20554. This document                     2, 2018, through March 31, 2019.                      its trip and land scallops. This closure
                                              will also be available via ECFS at http://              FOR FURTHER INFORMATION CONTACT:                      is in effect until the end of the 2018
                                              fjallfoss.fcc.gov/ecfs/. Documents will                 Shannah Jaburek, Fishery Management                   scallop fishing year, through March 31,
                                              be available electronically in ASCII,                   Specialist, (978) 282–8456.                           2019. This closure does not apply to the
                                              Microsoft Word, and/or Adobe Acrobat.                   SUPPLEMENTARY INFORMATION: The reader                 Limited Access (LA) scallop fleet, which
                                              Copies of the materials can be obtained                 can find regulations governing fishing                was allocated a separate TAC of 65,000
                                              from the FCC’s Reference Information                    activity in the Northern Gulf of Maine                lb (29, 484 kg) for the 2018 fishing year
                                              Center at (202) 418–0270. Alternative                   (NGOM) Scallop Management Area in                     under Framework Adjustment 29 to the
sradovich on DSK3GMQ082PROD with RULES




                                              formats are available for people with                   50 CFR 648.54 and 648.62. These                       Atlantic Sea Scallop Fishery
                                              disabilities (Braille, large print,                     regulations authorize vessels issued a                Management Plan. Vessels that are
                                              electronic files, audio format), by                     valid federal scallop permit to fish in               participating in the 2018 scallop
                                              sending an email to fcc504@fcc.gov or                   the NGOM Scallop Management Area                      Research Set-Aside Program and have
                                              calling the Commission’s Consumer and                   under specific conditions, including a                been issued letters of authorization to
                                              Governmental Affairs Bureau at (202)                    total allowable catch (TAC) of 135,000                conduct compensation fishing activities
                                              418–0530 (voice), (202) 418–0432                        lb (61,235 kg) for the Limited Access                 will harvest the 2018 LA TAC.


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Document Created: 2018-05-02 23:48:02
Document Modified: 2018-05-02 23:48:02
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.
DatesThese rule revisions are effective on May 3, 2018.
ContactFor additional information on this proceeding, contact Raelynn Remy of the Policy Division, Media Bureau at [email protected], or (202) 418-2120.
FR Citation83 FR 19459 

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