83 FR 2119 - Electronic Delivery of MVPD Communications; Modernization of Media Regulation Initiative
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 10 (January 16, 2018)
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2119-2130 | |
| FR Document | 2018-00151 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Proposed Rules] [Pages 2119-2130] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00151] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [MB Docket Nos. 17-317, 17-105; FCC 17-168] Electronic Delivery of MVPD Communications; Modernization of Media Regulation Initiative AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) addresses ways to modernize certain notice provisions in the Commission's rules governing multichannel video and cable television service. DATES: Comments are due on or before February 15, 2018; reply comments are due on or before March 2, 2018. ADDRESSES: You may submit comments, identified by MB Docket Nos. 17- 317, 17-105, by any of the following methods:Federal Communications Commission's website: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments. Mail: Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: (202) 418- 0530 or TTY: (202) 418-0432. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Maria Mullarkey of the Policy Division, Media Bureau at [email protected], or (202) 418-2120. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking, FCC 17-168, adopted and released on December 14, 2017. The full text of this document is available electronically via the FCC's Electronic Document Management System (EDOCS) website at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-168A1.docx. 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, Federal Communications Commission, 445 12th Street SW, CY-A257, 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 Notice of Proposed Rulemaking (NPRM), we address ways to modernize certain notice provisions in part 76 of the Federal Communications Commission's rules governing multichannel video and cable television service. First, we seek comment on proposals to modernize the rules in subpart T of part 76 (subpart T),\1\ which sets forth notice requirements applicable to cable [[Page 2120]] operators. In particular, we propose to allow various types of written communications from cable operators to subscribers to be delivered electronically, if they are sent to a verified email address and the cable operator complies with other consumer safeguards. We also tentatively conclude that subscriber privacy notifications required pursuant to sections 631, 338(i), and 653 of the Communications Act of 1934, as amended (the Act), may be delivered electronically to a verified email address, subject to consumer safeguards. In addition, we propose to permit cable operators to reply to consumer requests or complaints by email in certain circumstances. Second, we seek comment on how to update the requirement in Sec. Sec. 76.64 and 76.66 of the Commission's rules that requires broadcast television stations to send carriage election notices via certified mail. With this proceeding, we continue our efforts to modernize our regulations and reduce unnecessary requirements that can impede competition and innovation in the media marketplace.\2\ --------------------------------------------------------------------------- \1\ 47 CFR 76.1601 through 76.1630. \2\ See Commission Launches Modernization of Media Regulation Initiative, Public Notice, 32 FCC Rcd 4406 (2017) (initiating a review of rules applicable to media entities to eliminate or modify regulations that are outdated, unnecessary, or unduly burdensome). --------------------------------------------------------------------------- I. Background 2. Subpart T Cable Notices. Subpart T regulates various aspects of cable operators' communications with subscribers as well as with other parties, including television broadcast stations and the Commission.\3\ In 1999, the Commission revised and streamlined the cable television notice, public file, and recordkeeping requirements contained throughout part 76 of the Commission's rules, and as part of this reorganization, it created a new subpart T for notice requirements.\4\ Among other requirements, subpart T requires cable operators to communicate specified information about various topics to their subscribers in writing, including the following: --------------------------------------------------------------------------- \3\ Subpart T refers to ``subscribers,'' ``customers,'' and ``consumers'' interchangeably. See, e.g., 47 CFR 76.1602(b), 76.1603(b), 76.1622. In the NPRM, we use the term ``subscribers'' for consistency, but it includes both ``customers'' and ``consumers'' as used in subpart T. \4\ See 1998 Biennial Regulatory Review--Streamlining of Cable Television Services Part 76 Public File and Notice Requirements, Report and Order, 14 FCC Rcd 4653 (1999); Second Report and Order, 16 FCC Rcd 19773 (2001). --------------------------------------------------------------------------- Deletion or repositioning of broadcast signals (47 CFR 76.1601): Requires cable operators to provide written notice to subscribers if they are deleting a broadcast television station from carriage or repositioning that station. Customer service--general information (47 CFR 76.1602): Requires cable operators to provide written information to subscribers at the time of installation, at least annually, and at any time upon request about: Products and services offered; prices and options for programming services and conditions of subscription to programming and other services; installation and service maintenance policies; instructions on how to use the cable service; channel positions of programming carried on the system; billing and complaint procedures; assessed fees for rental of navigation devices and single and additional CableCARDs; and the fees allocable to the rental of single and additional CableCARDs and the rental of operator-supplied navigation devices, if the provider includes equipment in the price of a bundled service offering. Customer service--rate and service changes (47 CFR 76.1603): Requires cable operators to notify customers of any changes in rates, programming services, or channel positions as soon as possible in writing; to notify subscribers a minimum of 30 days in advance of such changes, if the change is within the control of the cable operator; to notify subscribers 30 days in advance of any significant changes in the other information required by Sec. 76.1602; to give 30 days written notice to subscribers before implementing any rate or service change, stating the precise amount of any rate change and a brief explanation in readily understandable fashion of the cause of the rate change; to provide written notice to a subscriber of any increase in the price to be charged for the basic service tier or associated equipment at least 30 days before any proposed increase is effective (or 60 days if the equipment is provided to the consumer without charge pursuant to Sec. 76.630), including the price to be charged, the date that the new charge will be effective, and the name and address of the local franchising authority.\5\ --------------------------------------------------------------------------- \5\ To the extent the cable operator is required to provide notice of service and rate changes to subscribers, the operator may provide such notice using any reasonable written means at its sole discretion. 47 CFR 76.1603(e). --------------------------------------------------------------------------- Charges for customer service changes (47 CFR 76.1604): Requires cable systems to notify all subscribers in writing that they may be subject to a charge for changing service tiers more than the specified number of times in any 12-month period, if the cable operator establishes a higher charge for changes effected solely by coded entry on a computer terminal or by other similarly simple methods. Basic tier availability (47 CFR 76.1618): Requires a cable operator to provide written notification of the availability of basic tier service to new subscribers at the time of installation, which should include that the basic tier is available, the cost per month for basic tier service, and a list of all services included in the basic service tier. Availability of signals (47 CFR 76.1620): Requires a cable operator to notify subscribers of all broadcast stations carried on the cable system which cannot be viewed via cable without a converter box and to offer to sell or lease such a converter box to such subscribers, if a cable operator authorizes subscribers to install additional receiver connections, but does not provide the subscriber with such connections or with the equipment and materials for such connections.\6\ --------------------------------------------------------------------------- \6\ Such notification must be provided to each new subscriber upon initial installation and annually thereafter. Id. sec. 76.1620. The notice, which may be included in routine billing statements, must identify the signals that are unavailable without an additional connection, the manner for obtaining such additional connection, and instructions for installation. Id. --------------------------------------------------------------------------- Equipment compatibility offer (47 CFR 76.1621): Requires cable system operators that use scrambling, encryption, or similar technologies in conjunction with cable system terminal devices that may affect subscribers' reception of signals to offer to supply each subscriber with special equipment that will enable the simultaneous reception of multiple signals.\7\ --------------------------------------------------------------------------- \7\ The offer of special equipment must be made to new subscribers at the time they subscribe and to all subscribers at least once each year. Id. sec. 76.1621(a). --------------------------------------------------------------------------- Consumer education program on compatibility (47 CFR 76.1622): Requires cable system operators to provide a consumer education program on compatibility matters to their subscribers in writing that includes certain information, such as notice that certain models of television receivers and videocassette recorders may not be able to receive all of the channels offered by the cable system when connected directly to the system, as well as an explanation of the types of channel compatibility problems that could occur if the device is connected directly to the system and suggestions to resolve such problems; notice that subscribers may not be able to use special features and functions of their television receivers and videocassette recorders where service is received through a cable system terminal device; and notice that remote control units compatible with cable system terminal [[Page 2121]] devices and other customer premises equipment provided to subscribers may be obtained from other sources, such as retail outlets, as well as a representative list of remote control models that are compatible with deployed customer premises equipment.\8\ --------------------------------------------------------------------------- \8\ This information must be provided to subscribers at the time they first subscribe and at least once a year thereafter. Id. sec. 76.1622(a). The rule specifies that this notification requirement may also be satisfied by an annual mailing to all subscribers and may be included in one of the system's regular subscriber billings. Id. --------------------------------------------------------------------------- 3. In June 2017, the Commission issued a Declaratory Ruling (2017 Declaratory Ruling) that interpreted the written communications requirement of one section of subpart T to be satisfied by electronic delivery of written material to subscribers.\9\ Specifically, the ruling clarified that the ``written information'' that cable operators provide to their subscribers annually pursuant to Sec. 76.1602(b) of the Commission's rules may be provided via email to a verified email address if there is a mechanism for customers to opt out of email delivery and continue to receive paper notices.\10\ The Commission found that section 632(b) of the Act grants the Commission authority to establish the means by which annual notices may be delivered to subscribers and to specify consumer protections with regard to the delivery of the notices.\11\ It concluded that the statute does not impose any limitations on the Commission's authority under section 632(b) to specify the means by which cable operators may deliver notices to consumers.\12\ The Commission determined that a verified email address is necessary to ensure that the written information is provided--i.e., made available--to subscribers, as is required by Sec. 76.1602(b).\13\ The Commission also cited policy arguments that it found to be persuasive in support of interpreting the ``written information'' requirement of Sec. 76.1602(b) to encompass electronic distribution to a verified email address, such as the positive environmental aspects of saving substantial amounts of paper annually, increased efficiency, and enabling customers to more readily access accurate information about their service options.\14\ The Commission concluded that electronic delivery of annual notices would greatly ease the burden of complying with these notification requirements for all cable operators, including small cable operators.\15\ --------------------------------------------------------------------------- \9\ See National Cable & Telecommunications Association and American Cable Association, Petition for Declaratory Ruling, Declaratory Ruling, 32 FCC Rcd 5269 (2017) (2017 Declaratory Ruling). See 82 FR 35658. The Declaratory Ruling granted a petition for declaratory ruling filed by NCTA--The internet and Television Association (NCTA) and the American Cable Association (ACA). See Petition for Declaratory Ruling of National Cable & Telecommunications Association and American Cable Association, MB Docket No. 16-126 (filed Mar. 7, 2016) (requesting clarification that the written information that cable operators must provide to their subscribers pursuant to Sec. 76.1602(b) of the Commission's rules may be provided via electronic distribution). \10\ 2017 Declaratory Ruling, 32 FCC Rcd at 5269, paragraph 1. \11\ Id. at 5273, paragraph 7. \12\ Id. In the Cable Television Consumer Protection and Competition Act of 1992, Congress, in order to ``provide increased consumer protection,'' amended section 632 of the Act to require the Commission to adopt customer service standards for cable operators. Public Law 102-385, 106 Stat. 1460 (1992); 47 U.S.C. 552. In section 632(b), Congress directs the Commission to ``establish standards by which cable operators may fulfill their customer service requirements'' and specifies that ``[s]uch standards shall include, at a minimum, requirements governing . . . communications between the cable operator and the subscriber (including standards governing bills and refunds).'' 47 U.S.C. 552(b)(3). \13\ 2017 Declaratory Ruling, 32 FCC Rcd at 5274, paragraph 9. \14\ Id. at 5272-73, paragraph 6. \15\ Id. at 5273, paragraph 8. --------------------------------------------------------------------------- 4. As discussed in more detail below, parties responding to the Commission's Modernization of Media Regulation Initiative ask the Commission to consider permitting electronic delivery of information required to be provided by cable operators to subscribers in writing pursuant to subpart T, consistent with the Commission's findings in the 2017 Declaratory Ruling, and to consider other changes to the rules in subpart T. 5. Carriage Election Notices. When the Commission implemented the law establishing the must carry/retransmission consent regime,\16\ it adopted a requirement that each commercial television broadcast station provide periodic notice to cable operators electing either to demand carriage or to withhold carriage absent express consent.\17\ A similar requirement, applying to both commercial and noncommercial television broadcast stations, was adopted as part of the ``carry one, carry all'' regime for Direct Broadcast Satellite (DBS) carriers.\18\ In both cases, the election notice must be sent via certified mail once every three years by each broadcaster to each cable system and DBS carrier serving the station's market. A number of broadcaster commenters in the Media Modernization proceeding propose changes to this process, as set forth below. --------------------------------------------------------------------------- \16\ ``The Communications Act prohibits cable operators and other multichannel video programming distributors from retransmitting commercial television, low power television and radio broadcast signals without first obtaining the broadcaster's consent. This permission is commonly referred to as `retransmission consent' and may involve some compensation from the cable company to the broadcaster for the use of the signal. Alternately, local commercial and noncommercial television broadcast stations may require a cable operator that serves the same market as the broadcaster to carry its signal. A demand for carriage is commonly referred to as `must- carry.' If the broadcast station asserts its must-carry rights, the broadcaster cannot demand compensation from the cable operator. While retransmission consent and must-carry are distinct and function separately, they are related in that commercial broadcasters are required to choose once every three years, on a system-by-system basis, whether to obtain carriage or continue carriage by choosing between must carry and retransmission consent.'' FCC Media Bureau, Cable Carriage of Broadcast Stations, https://www.fcc.gov/media/cable-carriage-broadcast-stations (last visited Oct. 4, 2017). \17\ 47 CFR 76.64(h) (adopted in Implementation of the Cable Television Consumer Protection and Competition Act of 1992: Broadcast Signal Carriage Issues, Report and Order, 8 FCC Rcd 2965, 3003, paragraph 160 (1993)). \18\ 47 CFR 76.66(d) (adopted in Implementation of the Satellite Home Viewer Improvement Act of 1999: Broadcast Signal Carriage Issues; Retransmission Consent Issues, Report and Order, 16 FCC Rcd 1918, 1932, paragraph 30 (2000)). ``Carry one, carry all'' refers to the fact that DBS carriers are not required to carry any local broadcast stations in a market, but must carry all of them upon request if any are carried (with certain narrow exceptions). The DBS ``mandatory carriage/retransmission consent'' regime otherwise functions in a manner very similar to the cable ``must carry/ retransmission consent'' regime described above. --------------------------------------------------------------------------- II. Discussion A. Modernization of MVPD Notice Requirements 1. Electronic Distribution of Notices to Subscribers 6. We propose to adopt a rule that would allow various types of generic written communications from cable operators to subscribers to be delivered electronically, if they are sent to a verified email address and the cable operator complies with other consumer safeguards.\19\ This includes generic written information provided to consumers about the deletion or repositioning of broadcast signals (Sec. 76.1601); general information about services offered (Sec. 76.1602); rate and service changes (Sec. 76.1603); charges for customer service changes (Sec. 76.1604); basic tier availability (Sec. 76.1618); availability of signals (Sec. 76.1620); equipment compatibility offer (Sec. 76.1621); and consumer education program on compatibility (Sec. 76.1622).\20\ Consistent with the Commission's clarification in the 2017 Declaratory Ruling that written information required under Sec. 76.1602(b) can be sent via email [[Page 2122]] to a verified email address with inclusion of an opt-out mechanism, we tentatively conclude to adopt a rule reflecting these requirements with respect to Sec. 76.1602(b) and some of the other subscriber notices required in the rules listed above. With respect to notices that pertain to rate and service changes, charges for customer service changes, basic tier availability, and subscriber privacy,\21\ we tentatively conclude that these notices can be sent via email to a verified email address and seek comment on whether consumers should have to opt in to begin receiving these notices electronically. Alternatively, we seek comment on whether these notifications should be treated like the other ones in subpart T such that cable operators should be permitted to deliver these notices electronically, if they allow consumers to opt out of email delivery and continue to receive paper notices. --------------------------------------------------------------------------- \19\ By ``generic'' or ``general,'' we mean information that applies to subscribers or groups of subscribers generally (e.g., those residing in the same zip code; those subscribing to the same service, etc.) and is not specific to an individual subscriber. See 2017 Declaratory Ruling, 32 FCC Rcd at 5275, paragraph 10, note 40. \20\ 47 CFR 76.1601 through 76.1604, 76.1618, 76.1620 through 76.1622. \21\ Id. secs. 76.1603 through 76.1604, 76.1618; 47 U.S.C. 551(a)(1), 338(i), 573(c)(1)(a). --------------------------------------------------------------------------- 7. In comments filed in the Modernization of Media Regulation Initiative docket, some industry commenters request that the Commission take steps to ease the burden of complying with the cable notice requirements, such as by permitting electronic distribution of written notifications to subscribers. NCTA asks the Commission to adopt more efficient, less costly ways to provide required notices, and it contends that cable operators should expressly be permitted to correspond with customers via electronic means, if the customer has provided the cable operator with an email address or contacted the cable operator using such means.\22\ ACA agrees with NCTA that, ``at a minimum, the Commission should clarify that the written notice requirement as it pertains to [customer notification] provisions can be satisfied via electronic notice.'' \23\ ACA posits that ``electronic notification would provide welcomed relief to cable operators and other entities from paperwork burdens.'' \24\ According to ACA, modifying subscriber notification rules can relieve cable operators from undue burdens and reduce subscriber ``notice fatigue.'' \25\ Verizon agrees that ``electronic delivery should be available for required notices to subscribers.'' \26\ Frontier Communications Corporation (Frontier) supports reform of ``outdated notice requirements that were created before companies had websites and before customers had email.'' \27\ --------------------------------------------------------------------------- \22\ Comments of NCTA--The internet and Television Association, at 4-5 (NCTA Comments). \23\ Reply Comments of the American Cable Association, at 9 (ACA Reply). ACA asks the Commission to launch a rulemaking to update outdated subscriber notification requirements. See Comments of the American Cable Association, at 18-26 (ACA Comments). \24\ ACA Reply at 9. \25\ ACA Comments at 19. \26\ Reply Comments of Verizon, at 6 (Verizon Reply). \27\ Reply Comments of Frontier Communications Corp., at 6 (Frontier Reply). --------------------------------------------------------------------------- 8. We tentatively conclude that permitting cable operators to deliver the aforementioned subscriber notices by email would serve the public interest. We believe that the policy considerations that the Commission found persuasive in the 2017 Declaratory Ruling clarifying that the annual notices required under Sec. 76.1602(b) may be delivered electronically apply equally with respect to other subscriber notices required in subpart T of the rules, and we seek comment on our tentative conclusion that the public interest would be served by our proposal. We note that no party in the media modernization proceeding has opposed the cable industry's request to permit electronic distribution of notices to subscribers. 9. In the 2017 Declaratory Ruling, the Commission concluded that it has authority to establish the means by which subpart T notices may be delivered to subscribers and to specify consumer protections with regard to the delivery of the notices.\28\ As noted above, section 632(b) of the Act provides the Commission with broad authority to ``establish standards by which cable operators may fulfill their customer service requirements.'' \29\ Moreover, the statute does not impose limitations on the Commission's authority to specify the means by which cable operators may deliver notices to or otherwise communicate with consumers (including communications about bills and refunds).\30\ Because the Commission has authority to establish standards governing communications between cable operators and subscribers, and email is one such method of communication, we believe permitting cable operators to deliver subscriber notices by email is consistent with section 632(b). --------------------------------------------------------------------------- \28\ 2017 Declaratory Ruling, 32 FCC Rcd at 5273, paragraph 7. \29\ 47 U.S.C. 552(b). \30\ See id. --------------------------------------------------------------------------- 10. A different statutory standard applies to notices of service and rate changes provided to subscribers pursuant to Sec. 76.1603. Section 632(c) of the Act states that ``[a] cable operator may provide notice of service and rate changes to subscribers using any reasonable written means at its sole discretion.'' \31\ Section 76.1603, which implements section 632(c), also states that notice of rate or service changes can be made by any reasonable written means at the discretion of the cable operator.\32\ We tentatively conclude that ``reasonable written means'' includes distribution via email to a verified email address. We tentatively find that permitting cable operators to deliver notices about service and rate changes via email satisfies the ``written means'' requirement of section 632(c). As we have found previously, emails, by their very nature, convey information in writing.\33\ Section 632(c) further requires the written means chosen by the cable operator to be ``reasonable.'' \34\ For the reasons described below, we tentatively find that to be ``reasonable,'' a cable operator must use a subscriber's verified email address. We seek comment on these tentative conclusions. --------------------------------------------------------------------------- \31\ See id. sec. 552(c). See also 2017 Declaratory Ruling, 32 FCC Rcd at 5273, note 27; Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, Report and Order, 14 FCC Rcd 5296, 5363, paragraph 156 (1999) (``[N]otices of rate changes provided to subscribers through written announcements on the cable system or in the newspaper will be presumed sufficient.''). \32\ See 47 CFR 76.1603(e). See also NCTA Comments at 7-8 (requesting that the Commission clarify that a written notice for purposes of Sec. 76.1603 includes an electronic notice); Frontier Reply at 8 (same). \33\ 2017 Declaratory Ruling, 32 FCC Rcd at 5272, paragraph 6. \34\ See 47 U.S.C. 552(c). --------------------------------------------------------------------------- 11. We believe that certain consumer safeguards must be put in place if cable operators are permitted to disseminate written notifications to subscribers electronically with respect to subpart T notification rules. First, we tentatively conclude that cable operators must have verified email contact information if they choose to deliver notifications to subscribers via email, and, if no verified email contact information is available for a particular subscriber, cable operators must continue to deliver notices via paper copies to that subscriber.\35\ In the 2017 Declaratory Ruling, the Commission determined that, for purposes of satisfying the requirements of Sec. 76.1602(b), each of the following would be considered to be a verified email address: (1) An email address that the subscriber has provided to the cable operator (and not vice versa) for purposes of receiving communication, (2) an email address that the subscriber regularly uses to communicate with the cable operator, or (3) an email address that has been [[Page 2123]] confirmed by the subscriber as an appropriate vehicle for the delivery of notices.\36\ We see no reason to deviate from the criteria identified in the 2017 Declaratory Ruling, and we propose to adopt this as a definition of the term ``verified email address'' as part of our rules. This definition was proposed by the cable industry, and we found that it set acceptable parameters for the email delivery of written material.\37\ We seek comment on this proposal and tentative finding. --------------------------------------------------------------------------- \35\ 2017 Declaratory Ruling, 32 FCC Rcd at 5274, paragraph 9. \36\ Id. \37\ See id. at 5274, paragraph 9 (``By requiring the use of a verified email address, we will ensure that the . . . notices have a high probability of being successfully delivered electronically to an email address that the customer actually uses, so that the written information is actually provided to the customer.''). --------------------------------------------------------------------------- 12. Second, we tentatively conclude that cable operators must provide a mechanism for subscribers to opt out of email delivery and continue to receive paper notices with respect to the following subpart T notification rules: Generic written information provided to consumers about the deletion or repositioning of broadcast signals (Sec. 76.1601); general information about services offered (Sec. 76.1602); availability of signals (Sec. 76.1620); equipment compatibility offer (Sec. 76.1621); and consumer education program on compatibility (Sec. 76.1622).\38\ In the 2017 Declaratory Ruling, the Commission determined that to satisfy Sec. 76.1602(b), cable operators must include an opt- out telephone number that is clearly and prominently presented to subscribers in the body of the originating email that delivers the notices, so that it is readily identifiable as an opt-out option, to ensure that customers continue to be provided information in a way that they will actually accept and receive.\39\ We tentatively find that it is necessary to allow subscribers to opt out of email delivery and to provide an opt-out mechanism that is clearly and prominently presented in the body of the originating email for purposes of the aforementioned notice rules in subpart T, and we seek comment on this tentative finding.\40\ Should we require that cable operators provide a telephone opt-out method as a minimum requirement, consistent with the 2017 Declaratory Ruling? Or, should we also permit cable operators to provide the opt-out mechanism via an electronic link that allows subscribers to identify their delivery preferences electronically, as an alternative to providing the opt out mechanism via a telephone number? \41\ We recognize that subscribers are accustomed to having electronic opt-out links available in commercial emails,\42\ and that, for many internet-savvy subscribers, an electronic link will be more efficient than a telephone number. However, in the 2017 Declaratory Ruling, the Commission found that providing a telephone number ``would be the means most universally accessible to customers that prefer not to receive their notices electronically,'' and it specified this as the minimum requirement.\43\ Is there reason to deviate from that approach for purposes of our rules? To the extent we adopt safeguards that differ from those specified in the 2017 Declaratory Ruling, should we adopt such safeguards also with respect to the annual notices required under Sec. 76.1602(b) of the rules, or is there a reason to treat Sec. 76.1602(b) differently? --------------------------------------------------------------------------- \38\ 47 CFR 76.1601 through 76.1602, 76.1620 through 76.1622. \39\ 2017 Declaratory Ruling, 32 FCC Rcd at 5275, paragraph 10. \40\ See id. \41\ See id. at 5276, paragraph 10 (agreeing with commenters that providing a link for customers to identify their delivery preference electronically ``could also be efficient and convenient for many customers''). \42\ Commercial emails must include an opt-out option under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 15 U.S.C. 7701, et seq. (CAN-SPAM Act). Many commercial emails satisfy this requirement with an ``unsubscribe'' link. \43\ See also 2017 Declaratory Ruling, 32 FCC Rcd at 5276, paragraph 10. The Commission also noted that, while providing an opt-out telephone number is a minimum requirement, ``cable operators may choose to offer additional choices to their customers that are clearly and prominently presented in the body of the originating email.'' Id. --------------------------------------------------------------------------- 13. With respect to notices of rate and service changes pursuant to Sec. 76.1603, charges for customer service changes pursuant to Sec. 76.1604, and basic tier availability pursuant to Sec. 76.1618, we seek comment on whether subscribers should have to opt in to begin receiving these notices electronically.\44\ Does the nature of these notices in particular necessitate that cable operators have an opt-in safeguard in place with respect to these notices? If so, what specific opt-in procedures should be required? Or, alternatively, should these notifications be treated like the other ones in subpart T such that cable operators should be permitted to deliver these notices electronically, if they allow consumers to opt out of email delivery and continue to receive paper notices? Are there advantages to both consumers and cable operators in having various notices treated in a similar manner? --------------------------------------------------------------------------- \44\ 47 CFR 76.1603 through 76.1604, 76.1618. --------------------------------------------------------------------------- 14. In the 2017 Declaratory Ruling, the Commission found that inclusion of a website link to the notice itself would be considered reasonable when annual notices are delivered via email, provided the link remains active until superseded by a subsequent notice, and would give customers flexibility to choose when to review the annual notices.\45\ We tentatively conclude that this finding should also apply with respect to any other subpart T subscriber notices that the Commission permits cable operators to send to subscribers via email, and we seek comment on this tentative finding. --------------------------------------------------------------------------- \45\ 2017 Declaratory Ruling, 32 FCC Rcd at 5276, paragraph 11, note 46. --------------------------------------------------------------------------- 15. We also seek comment on whether we should permit cable operators to provide to subscribers notices of general information at the time of installation and annually thereafter pursuant to Sec. 76.1602 and information on basic tier availability pursuant to Sec. 76.1618 by posting the written material on the cable operator's website, in lieu of providing such notice to subscribers via U.S. mail or electronic delivery to a verified email address.\46\ NCTA, Frontier, and ACA identify these two requirements in particular as suitable for website posting.\47\ We seek comment on whether it is appropriate for these types of generic notifications to be provided to subscribers via website posting. We seek input on the benefits, both to cable operators and to subscribers, of permitting notices via website posting to fulfill these written notice requirements as well as any potential burdens this may pose to subscribers. Would subscribers benefit from having an option that allows them to access written material via the cable operator's website at any time that is convenient to them, as opposed to either paper copies delivered to a physical address or email copies delivered to a verified email address? Would website posting lessen the burden on cable operators, and small operators in particular, to [[Page 2124]] communicate this information every year to each subscriber on an individual basis, while still fulfilling the objectives of section 632? --------------------------------------------------------------------------- \46\ 47 CFR 76.1602, 76.1618. \47\ With respect to initial and annual notices, NCTA notes that this detailed information ``appears to be of little utility to customers and can become frequently outdated,'' and that website posting would enable operators to provide more timely information in a less burdensome manner. NCTA Comments at 5-6. With respect to notice of the availability of the basic service tier, NCTA asserts that most customers would instinctively turn to the cable operator's website for information about programming packages and channel lineups. Id. at 8-9. See also ACA Comments at 23 (``[T]he Commission should consider modifying its rules to allow cable operators to decide how best to convey statutorily mandated information about the basic tier to customers.''). Frontier agrees that cable operators should be allowed to share any required annual information by posting the information on its website, giving subscribers the opportunity to opt in to email notification. Frontier Reply at 7. While acknowledging that, for the most part, the notices convey ``important information for consumers to have,'' ACA questions the benefit of delivering the information year after year. ACA Comments at 20. --------------------------------------------------------------------------- 16. On the other hand, would a website posting of initial and annual notices required pursuant to Sec. 76.1602 and information on basic tier availability required pursuant to Sec. 76.1618 ensure that subscribers are adequately informed? The Commission recently observed that ``[t]he internet has become a major part of consumers' daily lives and now represents a widely used medium to obtain information.'' \48\ However, in the 2017 Declaratory Ruling, the Commission rejected the request of the petitioners in that proceeding to permit electronic delivery of annual notices via other means reasonably calculated to reach the individual customer, and instead limited permissible electronic delivery to email.\49\ The Commission explained that allowing other means to deliver annual notices, such as placing a website link inside a bill, ``could create an undue risk that subscribers will not receive the required notices.'' \50\ Can the Commission's concerns be mitigated by putting some consumer safeguards or additional requirements in place? Further, are there any requirements that the Commission can adopt to help ensure that subscribers without internet access receive the required notices? For example, if cable operators were permitted to include a website link to these notices inside a bill, should we also require them to include a telephone number that subscribers can use to request a paper copy of the notices? --------------------------------------------------------------------------- \48\ Amendment of Section 73.624(g) of the Commission's Rules Regarding Submission of FCC Form 2100, Schedule G, Used to Report TV Stations' Ancillary or Supplementary Services; Amendment of Section 73.3580 of the Commission's Rules Regarding Public Notice of the Filing of Broadcast Applications; Modernization of Media Regulation Initiative; Revision of the Public Notice Requirements of Section 73.3580, Notice of Proposed Rulemaking, 32 FCC Rcd 8203, 8208-09, paragraphs 8-9 (2017) (seeking comment on whether to update Sec. 73.3580 of the Commission's rules to provide broadcast licensees with more flexibility as to how they inform the public about the filing of certain applications, including whether to allow posting of such notice on an internet website). \49\ 2017 Declaratory Ruling, 32 FCC Rcd at 5276, paragraph 11. \50\ Id. --------------------------------------------------------------------------- 17. To the extent that the Commission does decide to permit website posting of these two subpart T notices, we seek comment on what requirements should be adopted to ensure this information can be easily accessed by consumers. For example, should the Commission require that an electronic link to written material posted on a cable operator's website be clearly labeled ``Important Subscriber Notices'' and be prominently displayed on the initial screen of the cable operator's website? This would allow subscribers to easily locate the pertinent written material without having to search the website. Should any website link containing generic written material include an opt-out mechanism that allows subscribers to identify their delivery preferences? Should the Commission specify that the link must allow a subscriber to find the same information that would be included in the paper copies delivered to the subscriber's physical address or delivered by email to a verified email address? We seek comment on these or any other consumer protections that would be appropriate to impose in conjunction with website posting to ensure that consumers effectively receive the required notifications. 18. Finally, as suggested by NCTA,\51\ we tentatively conclude that we should add a rule in subpart T that specifies that subscriber privacy notifications required pursuant to sections 631, 338(i), and 653 of the Act may be delivered electronically to a verified email address, subject to the consumer safeguards discussed above. Section 631 of the Act requires a cable operator to ``provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of'' certain privacy protections.\52\ Section 338(i) of the Act imposes the same requirement on satellite providers and section 653(c)(1)(A) of the Act imposes this requirement on Open Video System (OVS) providers.\53\ We tentatively conclude that the Commission should interpret the term ``separate, written statement'' in these statutory provisions to include notices delivered electronically to a verified email address and that the Commission should add a rule to subpart T codifying this interpretation. We seek comment on whether subscribers should have to opt in to begin receiving electronic privacy notices. Or, alternatively, should these notifications be treated like the other ones in subpart T such that MVPDs should be permitted to deliver them electronically, if they allow consumers to opt out of email delivery and continue to receive paper notices? We recognize the importance of privacy protections to video subscribers, which are reflected in sections 631, 338(i), and 653(c)(1)(A). Are there concerns underlying the privacy notification requirements that suggest those requirements should be treated differently from other subscriber notifications? --------------------------------------------------------------------------- \51\ See NCTA Comments at 9. Although NCTA's comments discuss only the privacy notifications applicable to cable operators pursuant to section 631, we find it appropriate to also address similar statutory provisions applicable to other types of MVPDs. \52\ 47 U.S.C. 551(a)(1). Specifically, section 631 requires annual notice of ``(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; (B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (C) the period during which such information will be maintained by the cable operator; (D) the times and place at which the subscriber may have access to such information in accordance with subsection (d) [of this section]; and (E) the limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (h) [of this section] to enforce such limitations.'' Id. \53\ Id. secs. 338(i), 573(c)(1)(a); 47 CFR 76.1510. --------------------------------------------------------------------------- 2. Responses to Consumer Requests and Complaints by E-Mail 19. We propose to allow cable operators to respond to consumer requests or billing dispute complaints by email, if the consumer used email to make the request or complaint or if the consumer specifies email as the preferred delivery method in the request or complaint, and we seek comment on this proposal.\54\ Sections 76.1614 and 76.1619 of subpart T require written responses to requests or complaints.\55\ Specifically, Sec. 76.1614 requires cable operators to respond in writing within 30 days to any written request by any person for the identification of the signals carried on its system in fulfillment of the must-carry requirements of Sec. 76.56.\56\ Section 76.1619 requires cable operators to respond to a written complaint from a subscriber within 30 days if there is a billing dispute.\57\ We seek comment on whether there are any other provisions in subpart T that would be affected by this proposal. --------------------------------------------------------------------------- \54\ Our proposal is limited to responses to consumer complaints or requests, and does not extend to communications between cable operators and other parties, such as broadcast stations. \55\ See 47 CFR 76.1614, 76.1619. \56\ Id. sec. 76.1614. \57\ Id. sec. 76.1619. --------------------------------------------------------------------------- 20. NCTA asks the Commission to clarify that cable providers may use email to respond to consumer complaints when the consumer ``has provided an email address on the complaint form and has not specifically requested a different format.'' \58\ According to NCTA, ``[a]n electronic submission implicitly and reasonably calls for an electronic response.'' \59\ [[Page 2125]] NCTA also points out that the Commission already permits common carriers and internet service providers to respond to formal complaints by email.\60\ Likewise, Frontier calls on the Commission to allow cable providers to use email to respond to consumer complaints when the consumer has provided an email address on the complaint form or if the provider has an email address on record.\61\ Frontier contends that this would ``cut down on unnecessary paper waste and postage and remove unnecessary costs.'' \62\ --------------------------------------------------------------------------- \58\ NCTA Comments at 10. \59\ Id. at 11. \60\ Id. at 10-11 (citing 47 CFR 1.735(f) (permitting answers to formal complaints against common carriers to be delivered by email); and 8.13(c)(1) (permitting the same for formal complaints regarding open internet rules)). NCTA also notes that this would be consistent with prior guidance from the Consumer and Governmental Affairs Bureau allowing providers to submit responses to informal complaints against common carriers via email. Id. at 11, note 30. \61\ Frontier Reply at 15. \62\ Id. Frontier also notes that letter or email communication is frequently made in addition to communication via other means, including by phone for ``the most pressing and important complaints.'' Id. at 15-16. --------------------------------------------------------------------------- 21. We believe that permitting cable operators to respond electronically using the same method as the consumer or the method chosen by the consumer gives both parties the opportunity to communicate via their method of choice and will allow cable operators to respond more efficiently to requests and complaints. We seek comment on this proposal. 3. Other Subpart T Requirements 22. Sec. 76.1621 (Equipment Compatibility Offer).\63\ We propose to eliminate Sec. 76.1621, which requires cable operators to offer and provide upon request to subscribers ``special equipment that will enable the simultaneous reception of multiple signals.'' \64\ We seek comment on whether the requirements in Sec. 76.1621 can be eliminated consistent with section 624A of the Act.\65\ NCTA argues the Commission should eliminate this requirement because it is a ``relic[] of long- outdated technologies and policies.'' \66\ When the Commission adopted the requirement for cable operators to offer subscribers special equipment with multiple tuners, it was intended to address ``cases where cable systems use scrambling technology and set-top boxes,'' such that subscribers need ``supplemental equipment to enable the operation of extended features and functions of TV receivers and VCRs that make simultaneous use of multiple signals,'' including ``picture-in- picture'' features or the ability to watch one program while recording another.\67\ Today, consumers widely use digital video recorders (DVRs), rather than VCRs or television receivers, for recording features, and ``picture-in-picture'' features on television receivers are not prevalent. Given today's digital technologies, we tentatively conclude that it is no longer necessary to promote the ``special equipment that will enable the simultaneous reception of multiple signals'' referred to in the rules, and we seek comment on this tentative conclusion. --------------------------------------------------------------------------- \63\ ACA and NCTA request that the Commission delete Sec. 76.1630 of the Commission's rules, which requires cable operators and other multichannel video programming distributors (MVPDs) to provide subscribers with notices about the digital transition in monthly bills or bill notices received by subscribers beginning April 1, 2009 and concluding on June 30, 2009. See 47 CFR 76.1630; ACA Comments at 26; NCTA Comments at 9. We plan to address this in a subsequent order in the Modernization of Media Regulation Initiative proceeding. NCTA and Frontier also request that the Commission eliminate or revise the requirements for cable operators to provide subscribers with notice of certain rate changes in Sec. Sec. 76.1603 and 76.1604 of the Commission's rules. See NCTA Comments at 6-8; Frontier Reply at 8-9. We plan to address these issues in a subsequent proceeding. \64\ See 47 CFR 76.1621. \65\ See 47 U.S.C. 544a(c)(2). Section 624A specifies that the Commission ``shall periodically review and, if necessary, modify the regulations issued pursuant to this section in light of any actions taken in response to such regulations and to reflect improvements and changes in cable systems, television receivers, video cassette recorders, and similar technology.'' See id. sec. 544a(d). \66\ NCTA Comments at 9. \67\ See Implementation of Section 17 of the Cable Television Consumer Protection and Competition Act of 1992; Compatibility Between Cable Systems and Consumer Electronics Equipment, First Report and Order, 9 FCC Rcd 1981, 1989-90, paragraphs 43-48 (1994). See also 47 U.S.C. 544a(c)(2); Implementation of Section 17 of the Cable Television Consumer Protection and Competition Act of 1992; Compatibility Between Cable Systems and Consumer Electronics Equipment, Memorandum Opinion and Order, 11 FCC Rcd 4121 (1996). --------------------------------------------------------------------------- 23. Sec. 76.1622 (Consumer Education Program on Compatibility). We seek comment on how to appropriately update references to technology in Sec. 76.1622 of the Commission's rules, which requires cable operators to provide a consumer education program on equipment and signal compatibility matters to their subscribers in writing upon initial subscription and annually thereafter.\68\ Among other types of technology, the rule refers to the compatibility of ``videocassette recorders.'' \69\ Frontier asks the Commission to update Sec. 76.1622, noting that a requirement to educate consumers on the interoperability of videocassette recorders no longer makes sense.\70\ ACA emphasizes that ``[c]oncerns about TV receiver and VCR compatibility are, quite simply, no longer relevant to today's consumer.'' \71\ We seek comment on how we can best modernize references to technology in Sec. 76.1622.\72\ We also seek comment on whether there are any parts of the rule that are no longer necessary given changes in technology and, therefore, should be eliminated.\73\ We seek comment on whether the requirements in Sec. 76.1622 can be modified consistent with section 624A of the Act, and, if so, how.\74\ --------------------------------------------------------------------------- \68\ 47 CFR 76.1622. \69\ See id. \70\ Frontier Reply at 7-8. \71\ ACA Comments at 25. \72\ ACA asserts that section 624A of the Act references outdated technology, specifically requiring the Commission to prescribe regulations with respect to the compatibility of ``videocassette recorders.'' Id. at 23-24; 47 U.S.C. 544a(c)(2). However, as ACA notes, the statute also directs the Commission to periodically review and, if necessary, modify its regulations with regard to consumer education about equipment compatibility ``to reflect improvements and changes in cable systems, television receivers, video cassette recorders, and similar technology.'' See 47 U.S.C. 544a(d); ACA Comments at 24, note 93. \73\ See NCTA Comments at 9 (arguing that the Commission should eliminate Sec. 76.1622 because it is a ``relic[] of long-outdated technologies and policies'' and addresses ``equipment that no longer is routinely used by consumers''). Section 624A directs the Commission to ``include such regulations as are necessary'' to notify subscribers of certain consumer electronics equipment compatibility issues. See 47 U.S.C. 544a(c)(2) (emphasis added). \74\ See 47 U.S.C. 544a(c)(2). Section 624A(c)(2) states that ``[t]he regulations prescribed by the Commission . . . shall include such regulations as are necessary . . . to require cable operators offering channels whose reception requires a converter box--(i) to notify subscribers that they may be unable to benefit from the special functions of their television receivers and video cassette recorders, including functions that permit subscribers . . . to watch a program on one channel while simultaneously using a video cassette recorder to tape a program on another channel; . . . to use a video cassette recorder to tape two consecutive programs that appear on different channels; and . . . to use advanced television picture generation and display features; and . . . (ii) to the extent technically and economically feasible, to offer subscribers the option of having all other channels delivered directly to the subscribers' television receivers or video cassette recorders without passing through the converter box.'' Id. sec. 544a(c)(2)(B). In addition, the statute requires the regulations ``to require a cable operator who offers subscribers the option of renting a remote control unit . . . to notify subscribers that they may purchase a commercially available remote control device from any source that sells such devices rather than renting it from the cable operator; and . . . to specify the types of remote control units that are compatible with the converter box supplied by the cable operator.'' Id. sec. 544a(c)(2)(E). --------------------------------------------------------------------------- 24. Further, we seek comment on whether the Commission should consider any other changes to Sec. 76.1622, such as scaling back the requirement to provide these types of notices annually. ACA asks the Commission to eliminate those parts of the rule that are not mandated by statute, such as the requirement to provide this information to subscribers at the time of subscription [[Page 2126]] and then annually thereafter, and to give cable operators greater flexibility in determining when and how to notify subscribers about equipment compatibility issues.\75\ ACA argues that the redundancy of annual notices ``is no longer necessary, especially now that technology has moved far beyond what was considered cutting edge at the time the statute was enacted, and the equipment compatibility problems the requirement was designed to solve are no longer pervasive.'' \76\ We seek comment on whether the Commission should grant cable operators more flexibility with respect to these notices, as suggested by ACA. --------------------------------------------------------------------------- \75\ ACA Comments at 23-25. \76\ Id. at 25. --------------------------------------------------------------------------- B. Carriage Election Notices 25. We seek comment on how to revise Sec. Sec. 76.64(h) and 76.66(d) of our rules to permit television broadcast stations to use alternative means of notifying MVPDs about their carriage elections. Currently, the rules direct each television broadcast station to provide notice every three years, via certified mail, to each cable system or DBS carrier serving its market regarding whether it is electing to demand carriage (``must carry'' or ``mandatory carriage''), or to withhold carriage pending negotiation (``retransmission consent''). The DBS rule also states that the certified mail letter be ``return receipt requested.'' \77\ The Commission ``believe[d] that certified mail, return receipt requested [was] the preferred method to ensure that broadcast stations [were] able to demonstrate that they submitted their elections by the required deadline, and that they were received by the satellite carrier.'' \78\ A number of commenters have proposed changes to this process.\79\ --------------------------------------------------------------------------- \77\ 47 CFR 76.66(d)(1)(ii). \78\ Implementation of the Satellite Home Viewer Improvement Act of 1999: Broadcast Signal Carriage Issues, Order on Reconsideration, 16 FCC Rcd 16544, 16576, paragraph 65 (2001). \79\ See Comments of the National Association of Broadcasters, at 22-23 (NAB Comments); Comments of CBS Corporation, The Walt Disney Company, 21st Century Fox, Inc., and Univision Communications Inc., at 10-12 (CBS, Disney, Fox, and Univision Comments); Comments of Nexstar Broadcasting, Inc., at 16-17 (Nexstar Comments); Comments of America's Public Television Stations et al., at 15 (APTS Comments); Comments of Meredith Corporation, at 2; Reply Comments of the ABC Television Affiliates Association, CBS Television Network Affiliates Association, and FBC Television Affiliates Association, at 10-11; Joint Reply Comments of the Named State Broadcasters Associations, at 7-8; Reply Comments of AT&T, at 5-6 (AT&T Reply). Although some of these commenters proposed even broader changes to the must carry/retransmission consent system, in this docket we are focused exclusively on notice issues. --------------------------------------------------------------------------- 26. We seek comment on what alternative means of serving triennial election notices would satisfy the needs of broadcasters and MVPDs, such as express delivery service or email. Nexstar, among others, suggests that notices could be delivered via email, and AT&T proposes allowing broadcasters to use express delivery services instead of certified U.S. mail.\80\ How would these or other approaches work in practice? As discussed above, we have in another context allowed delivery of certain customer notices to a ``verified'' email address, noting that such a notice will ``have a high probability of being successfully delivered electronically to an email address that the customer actually uses, so that the written information is actually provided to the customer.'' We seek comment on whether this approach would be sufficient in the context of carriage election notices, where significant legal and financial consequences arise from the failure to make a timely election notice.\81\ Is there an electronic equivalent to certified mail? Would the use of express delivery services, as proposed by AT&T, meaningfully reduce burdens on broadcasters? More generally, can we modernize our rules in a way that would minimize the burden on broadcasters, ensure that MVPDs receive the elections in a timely way, and still provide a mechanism by which broadcasters can demonstrate that they met the election deadline with respect to specific cable operators and DBS carriers? --------------------------------------------------------------------------- \80\ Nexstar Comments at 16-17; AT&T Reply at 5-6. \81\ A failure to deliver a timely carriage election notice to a cable operator means that station defaults to must carry with respect to that operator, and loses the ability to negotiate for compensation for carriage of the station during that three-year election cycle. 47 CFR 76.64(f)(3). See also ACA Reply at 13 (arguing that continued reliance on certified mail is essential). On the DBS side, a failure to deliver a timely carriage election notice has the opposite effect, meaning the station defaults to retransmission consent and loses the ability to demand carriage during that three-year election cycle. 47 CFR 76.66(d)(1)(v). See also APTS Comments at 14-15. --------------------------------------------------------------------------- 27. Some commenters request that we eliminate the requirement to send election notices to MVPDs by certified mail, and replace it with a mechanism for providing notice of carriage election online.\82\ For example, in their joint filing, CBS, Disney, and Univision argue that ``[t]he system-by-system election requirement creates inefficiencies, both for broadcasters and cable operators,'' incentivizes broadcasters to send duplicative notices, and is time-consuming and costly.\83\ They contend that allowing stations to provide notice of elections online ``not only would make it easier for broadcasters and cable operators to keep track of elections but also would be consistent with rules applicable in other contexts and in line with the Commission's recent shift toward internet-based solutions.'' \84\ We seek comment on the pros and cons of this approach. In particular, what are the specific benefits to and burdens for both broadcasters and MVPDs of such an approach? Further, what rule changes would the Commission need to make to effectuate online notice of elections? For example, should all broadcasters be required to make carriage elections online or would this be one of their options in addition to the existing mechanism? Under an online election approach, how would broadcasters differentiate their elections to the extent they wish to make different elections vis-[agrave]-vis different MVPDs? Finally, would these online carriage elections be placed in the broadcasters' online public file or on another (existing or new) website that is publicly accessible? --------------------------------------------------------------------------- \82\ See, e.g., NAB Comments at 22-23; CBS, Disney, Fox, and Univision Comments at 11-12. \83\ CBS, Disney, Fox, and Univision Comments at 11. \84\ Id. at 11-12. But see AT&T Reply at 4-5 (arguing that this approach does not minimize burdens--it simply shifts them). --------------------------------------------------------------------------- Initial Paperwork Reduction Act Analysis 28. This document may result in 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). If the Commission adopts any new or revised information collection requirement, the Commission will publish a notice in the Federal Register inviting the public to comment on the requirement, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 through 3520). In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how it might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' Ex Parte Rules 29. Permit-But-Disclose. This proceeding shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules.\85\ Persons making ex parte presentations must file a copy of any written presentation or a memorandum [[Page 2127]] summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule Sec. 1.1206(b). In proceedings governed by rule Sec. 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. --------------------------------------------------------------------------- \85\ 47 CFR 1.1200 et seq. --------------------------------------------------------------------------- Filing Requirements 30. Comments and Replies. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW, TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554. 31. Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 20554. These documents will also be available via ECFS. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. 32. People with Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Additional Information 33. For additional information on this proceeding, contact Maria Mullarkey of the Policy Division, Media Bureau, at [email protected], or (202) 418-2120. Initial Regulatory Flexibility Act Analysis 34. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),\86\ the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) concerning the possible significant economic impact on small entities by the policies and rules proposed in the Notice of Proposed Rulemaking (NPRM). Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments provided on the first page of the NPRM. The Commission will send a copy of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).\87\ In addition, the NPRM and IRFA (or summaries thereof) will be published in the Federal Register.\88\ --------------------------------------------------------------------------- \86\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 through 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996). The SBREFA was enacted as Title II of the Contract With America Advancement Act of 1996 (CWAAA). \87\ See 5 U.S.C. 603(a). \88\ See id. --------------------------------------------------------------------------- A. Need for, and Objectives of, the Proposed Rules 35. This NPRM addresses ways to modernize certain notice provisions in part 76 of the Federal Communications Commission's rules governing multichannel video and cable television service. First, the NPRM seeks comment on proposals to modernize the rules in subpart T of part 76,\89\ which sets forth notice requirements applicable to cable operators. In particular, the NPRM proposes to allow various types of written communications from cable operators to subscribers to be delivered electronically, if they are sent to a verified email address and the cable operator complies with other consumer safeguards. The NPRM also tentatively concludes that subscriber privacy notifications required pursuant to sections 631, 338(i), and 653 of the Communications Act of 1934, as amended (the Act), may be delivered electronically to a verified email address, subject to consumer safeguards. In addition, the NPRM proposes to permit cable operators to reply to consumer requests or complaints by email in certain circumstances. Second, the NPRM seeks comment on how to update the requirement in Sec. Sec. 76.64 and 76.66 of the Commission's rules that requires broadcast television stations to send carriage election notices via certified mail. --------------------------------------------------------------------------- \89\ 47 CFR 76.1601 through 76.1630. --------------------------------------------------------------------------- B. Legal Basis 36. The proposed action is authorized pursuant to sections 1, 4(i), 4(j), 325, 338, 624A, 631, 632, and 653 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 325, 338, 544a, 551, 552, and 573. [[Page 2128]] C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 37. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted.\90\ The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' \91\ In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act.\92\ 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.\93\ Below, we provide a description of such small entities, as well as an estimate of the number of such small entities, where feasible. --------------------------------------------------------------------------- \90\ 5 U.S.C. 603(b)(3). \91\ Id. sec. 601(6). \92\ Id. sec. 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). \93\ 15 U.S.C. 632. --------------------------------------------------------------------------- 38. Cable Companies and Systems (Rate Regulation Standard). The Commission has also developed its own small business size standards, for the purpose of cable rate regulation. Under the Commission's rules, a ``small cable company'' is one serving 400,000 or fewer subscribers, nationwide. Industry data indicate that, of 1,076 cable operators nationwide, all but 11 are small under this size standard. In addition, under the Commission's rules, a ``small system'' is a cable system serving 15,000 or fewer subscribers. Industry data indicate that, of 6,635 systems nationwide, 5,802 systems have under 10,000 subscribers, and an additional 302 systems have 10,000-19,999 subscribers. Thus, under this second size standard, the Commission believes that most cable systems are small. 39. Cable System Operators. The Act also contains a size standard for small cable system operators, which is ``a cable operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000.'' The Commission has determined that an operator serving fewer than 677,000 subscribers shall be deemed a small operator, if its annual revenues, when combined with the total annual revenues of all its affiliates, do not exceed $250 million in the aggregate. Industry data indicate that, of 1,076 cable operators nationwide, all but 10 are small 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, and therefore we are unable to estimate more accurately the number of cable system operators that would qualify as small under this size standard. 40. Open Video Services. Open Video Service (OVS) systems provide subscription services. The open video system framework was established in 1996, and is one of four statutorily recognized options for the provision of video programming services by local exchange carriers. The OVS framework provides opportunities for the distribution of video programming other than through cable systems. Because OVS operators provide subscription services, OVS falls within the SBA small business size standard covering cable services, which is ``Wired Telecommunications Carriers.'' The SBA has developed a small business size standard for this category, which is: All such firms having 1,500 or fewer employees. To gauge small business prevalence for the OVS service, the Commission relies on data currently available from the U.S. Census for the year 2012. According to that source, there were 3,117 firms that in 2012 were Wired Telecommunications Carriers. Of these, 3,059 operated with less than 1,000 employees. Based on this data, the majority of these firms can be considered small. In addition, we note that the Commission has certified some OVS operators, with some now providing service. Broadband service providers (``BSPs'') are currently the only significant holders of OVS certifications or local OVS franchises. The Commission does not have financial or employment information regarding the entities authorized to provide OVS, some of which may not yet be operational. Thus, at least some of the OVS operators may qualify as small entities. The Commission further notes that it has certified approximately 45 OVS operators to serve 116 areas, and some of these are currently providing service. Affiliates of Residential Communications Network, Inc. (RCN) received approval to operate OVS systems in New York City, Boston, Washington, DC, and other areas. RCN has sufficient revenues to assure that they do not qualify as a small business entity. Little financial information is available for the other entities that are authorized to provide OVS and are not yet operational. Given that some entities authorized to provide OVS service have not yet begun to generate revenues, the Commission concludes that up to 44 OVS operators (those remaining) might qualify as small businesses that may be affected by the rules and policies adopted herein. 41. Satellite Master Antenna Television (SMATV) Systems, also known as Private Cable Operators (PCOs). SMATV systems or PCOs are video distribution facilities that use closed transmission paths without using any public right-of-way. They acquire video programming and distribute it via terrestrial wiring in urban and suburban multiple dwelling units such as apartments and condominiums, and commercial multiple tenant units such as hotels and office buildings. SMATV systems or PCOs are now included in the SBA's broad economic census category, ``Wired Telecommunications Carriers,'' which was developed for small wireline firms. Under this category, the SBA deems a wireline business to be small if it has 1,500 or fewer employees. Census data for 2012 indicate that in that year there were 3,117 firms operating businesses as wired telecommunications carriers. Of that 3,117, 3,059 operated with 999 or fewer employees. Based on this data, we estimate that a majority of operators of SMATV/PCO companies were small under the applicable SBA size standard. 42. Direct Broadcast Satellite (DBS) Service. DBS Service is a nationally distributed subscription service that delivers video and audio programming via satellite to a small parabolic dish antenna at the subscriber's location. DBS is now included in SBA's economic census category ``Wired Telecommunications Carriers.'' The Wired Telecommunications Carriers industry comprises establishments primarily engaged in operating and/or providing access to transmission facilities and infrastructure that they own and/or lease for the transmission of voice, data, text, sound, and video using wired telecommunications networks. Transmission facilities may be based on a single technology or combination of technologies. Establishments in this industry use the wired telecommunications network facilities that they operate to provide a variety of services, such as wired telephony services, including VoIP services, wired [[Page 2129]] (cable) audio and video programming distribution; and wired broadband internet services. By exception, establishments providing satellite television distribution services using facilities and infrastructure that they operate are included in this industry. The SBA determines that a wireline business is small if it has fewer than 1500 employees. Census data for 2012 indicate that 3,117 wireline companies were operational during that year. Of that number, 3,083 operated with fewer than 1,000 employees. Based on that data, we conclude that the majority of wireline firms are small under the applicable standard. However, currently only two entities provide DBS service, which requires a great deal of capital for operation: DIRECTV (owned by AT&T) and DISH Network. DIRECTV and DISH Network each report annual revenues that are in excess of the threshold for a small business. Accordingly, we must conclude that internally developed FCC data are persuasive that in general DBS service is provided only by large firms. 43. 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 this number, 656 had annual receipts of $25 million or less, 25 had annual receipts between $25 million and $49,999,999, and 70 had annual receipts of $50 million or more. Based on this data we therefore estimate that the majority of commercial television broadcasters are small entities under the applicable SBA size standard. 44. 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, and therefore these licensees qualify as small entities under the SBA definition. In addition, the Commission has estimated the number of licensed noncommercial educational (NCE) television stations to be 394. The Commission, however, does not compile and otherwise does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities. 45. We note, however, that in assessing whether a business concern qualifies as ``small'' under the above definition, business (control) affiliations must be included. Our estimate, therefore, likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, 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 rules may apply does not exclude any television station from the definition of a small business on this basis and is therefore possibly over-inclusive. 46. There are also 417 Class A stations. Given the nature of these services, including their limited ability to cover the same size geographic areas as full power stations thus restricting their ability to generate similar levels of revenue, we will presume that these licensees qualify as small entities under the SBA definition. In addition, there are 1,968 LPTV stations and 3,776 TV translator stations. Given the nature of these services as secondary and in some cases purely a ``fill-in'' service, we will presume that all of these entities qualify as small entities under the above SBA small business size standard. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 47. As indicated above, this NPRM addresses ways to modernize certain notice provisions in part 76 of the FCC's rules governing multichannel video and cable television service. First, the NPRM seeks comment on proposals to modernize the rules in subpart T of part 76,\94\ which sets forth notice requirements applicable to cable operators. In particular, the NPRM proposes to allow various types of written communications from cable operators to subscribers to be delivered electronically, if they are sent to a verified email address and the cable operator complies with other consumer safeguards. The NPRM also tentatively concludes that subscriber privacy notifications required pursuant to sections 631, 338(i), and 653 of the Communications Act may be delivered electronically to a verified email address, subject to consumer safeguards. In addition, the NPRM proposes to permit cable operators to reply to consumer requests or complaints by email in certain circumstances. Second, the NPRM seeks comment on how to update the requirement in Sec. Sec. 76.64 and 76.66 of the Commission's rules that requires broadcast television stations to send carriage election notices via certified mail. Through this NPRM, the Commission seeks to minimize the administrative burden on cable television operators, including smaller cable operators, by allowing electronic delivery of certain notices to subscribers, which will reduce the costs and burdens of providing such notices. We anticipate that this will lead to a long-term reduction in reporting, recordkeeping, or other compliance requirements on all cable operators, including small entities. --------------------------------------------------------------------------- \94\ 47 CFR 76.1601 through 76.1630. --------------------------------------------------------------------------- E. Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered 48. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): ``(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance 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.'' \95\ --------------------------------------------------------------------------- \95\ 5 U.S.C. 603(c)(1) through (c)(4). --------------------------------------------------------------------------- 49. The Commission expects to more fully consider the economic impact on small entities following its review of comments filed in response to the NPRM and this IRFA. Generally, the NPRM seeks comment on: A proposal to adopt a rule allowing generic written communications from cable operators to subscribers required by subpart T to be delivered to a verified email address; a proposal to require an opt-out mechanism enabling customers to continue receiving paper notices for certain notices, and on whether to require consumers to opt in to electronic delivery for other notices; whether to [[Page 2130]] permit cable operators to provide certain written notices to subscribers by posting the written material on the cable operator's website; a proposal to adopt a rule specifying that cable, satellite, and open video system subscriber privacy notifications required pursuant to sections 631, 338(i), and 653 of the Communications Act may be delivered via email, subject to consumer safeguards; a proposal to allow cable operators to respond to consumer requests or billing dispute complaints by email, if the consumer used email to make the request or complaint or if the consumer specifies email as the preferred delivery method in the request or complaint; whether to adopt other proposals to update subpart T in light of technological advances and market changes in the cable industry; and how to update the requirements that broadcast stations send carriage election notices via certified mail. The Commission has found that electronic delivery of notices would greatly ease the burden of complying with notification requirements for cable operators, including small cable operators, and it is considering alternatives that may further reduce burdens on small entities, such as allowing website posting of certain notices. The Commission's evaluation of the comments filed on these topics as well as on other questions in the NPRM that seek to reduce the burdens placed on small cable operators and other MVPDs will shape the final conclusions it reaches, the final significant alternatives it considers, and the actions it ultimately takes in this proceeding to minimize any significant economic impact that may occur on small entities. F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule 50. None. 51. Accordingly, it is ordered that, pursuant to the authority found in sections 1, 4(i), 4(j), 325, 338, 624A, 631, 632, and 653 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 325, 338, 544a, 551, 552, and 573, this Notice of Proposed Rulemaking is adopted. 52. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 79 Cable television operators, Multichannel video programming distributors (MVPDs), Satellite television service providers, Television broadcasters. Federal Communications Commission. Marlene H. Dortch, Secretary. Proposed Rules 47 CFR part 76 of the Commission's rules is proposed to be amended as follows: PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE 0 1. The authority 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, 573. 0 2. Add Sec. 76.1600 to read as follows: Sec. 76.1600 Electronic delivery of notices. (a) Written information, notices, advisements or offers that are generic in nature and provided in writing by cable operators to subscribers or customers pursuant to this subpart, as well as subscriber privacy notifications required by cable operators, satellite providers, and open video systems pursuant to sections 631, 338(i), and 653 of the Communications Act, may be delivered electronically by email if the entity: (1) Sends the written material to the subscriber's verified email address; and (2) Provides a mechanism to allow subscribers to continue to receive paper copies of the written material. (b) For purposes of this section, a verified email address is defined as: (1) An email address that the subscriber has provided to the cable operator (and not vice versa) for purposes of receiving communication; (2) An email address that the subscriber regularly uses to communicate with the cable operator; or (3) An email address that has been confirmed by the subscriber as an appropriate vehicle for the delivery of notices. (c) The term ``generic'' means information that applies to subscribers or groups of subscribers generally (e.g., those residing in the same zip code; those subscribing to the same service, etc.) and is not specific to an individual subscriber. (d) For notices that require an opt-out mechanism, the entity must include, in the body of the originating email that delivers the written material, a mechanism for the subscriber to opt out of email delivery that is clearly and prominently presented to subscribers so that it is readily identifiable as an opt-out mechanism. The mechanism may be either: (1) An opt-out telephone number; or (2) An electronic link that allows subscribers to identify their delivery preferences electronically. (e) If the conditions for electronic delivery in paragraphs (a) through (d) of this section are not met, or if a subscriber opts out of electronic delivery, the written material must be delivered by paper copy to the subscriber's physical address. (f) In this subpart, any required written response to a subscriber or customer may be delivered by email, if the consumer used email to make the request or complaint or if the consumer specifies email as the preferred delivery method in the request or complaint. (g) This section applies only to written information, notices, advisements, offers or responses provided to subscribers or customers and does not affect communications between cable operators and other parties addressed in this subpart. Sec. 76.1621 [Removed] 0 3. Remove Sec. 76.1621. [FR Doc. 2018-00151 Filed 1-12-18; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules 2119
Commission proposes to amend 47 CFR obtain a signed certification from the 17–105, by any of the following
part 54 as follows: subscriber on a form that meets the methods:
certification requirements in paragraph • Federal Communications
PART 54—UNIVERSAL SERVICE (d) of this section. The subscriber must Commission’s website: http://
present documentation meeting the fjallfoss.fcc.gov/ecfs2/. Follow the
■ 1. The authority citation for part 54 requirements in paragraph (b)(1)(i)(B) or instructions for submitting comments.
continues to read as follows: (c)(1)(i)(B) of this section to establish • Mail: Filings can be sent by hand or
Authority: 47 U.S.C. 151, 154(i), 155, 201, continued eligibility. If a Federal messenger delivery, by commercial
205, 214, 219, 220, 254, 303(r), 403, and 1302 eligibility recertification form is overnight courier, or by first-class or
unless otherwise noted. available, entities enrolling subscribers overnight U.S. Postal Service mail. All
§ 54.201 [Amended] must use such form to re-certify a filings must be addressed to the
■ 2. Amend § 54.201 by removing qualifying low-income consumer. Commission’s Secretary, Office of the
paragraph (j). * * * * * Secretary, Federal Communications
(3) * * * Commission.
§ 54.202 [Amended] (iii) If the subscriber’s eligibility for People with Disabilities: Contact the
■ 3. Amend § 54.202 by removing Lifeline cannot be determined by FCC to request reasonable
paragraphs (d) and (e). accessing one or more databases accommodations (accessible format
containing information regarding documents, sign language interpreters,
§ 54.205 [Amended] enrollment in qualifying assistance CART, etc.) by email: FCC504@fcc.gov
■ 4. Amend § 54.205 by removing programs, then the National Verifier, or phone: (202) 418–0530 or TTY: (202)
paragraph (c). state Lifeline administrator, or state 418–0432.
■ 5. Amend § 54.404 by revising agency may obtain a signed certification FOR FURTHER INFORMATION CONTACT: For
paragraph (b)(3) to read as follows: from the subscriber on a form that meets additional information on this
§ 54.404 The National Lifeline the certification requirements in proceeding, contact Maria Mullarkey of
Accountability Database. paragraph (d) of this section. The the Policy Division, Media Bureau at
subscriber must present documentation Maria.Mullarkey@fcc.gov, or (202) 418–
* * * * *
(b) * * * meeting the requirements in paragraph 2120.
(3) If the Database indicates that (b)(1)(i)(B) or (c)(1)(i)(B) of this section SUPPLEMENTARY INFORMATION: This is a
another individual at the prospective to establish continued eligibility. If a summary of the Commission’s Notice of
subscriber’s residential address is Federal eligibility recertification form is Proposed Rulemaking, FCC 17–168,
currently receiving a Lifeline service, available, entities enrolling subscribers adopted and released on December 14,
the eligible telecommunications carrier must use such form to recertify a 2017. The full text of this document is
must not seek and will not receive qualifying low-income consumer. available electronically via the FCC’s
Lifeline reimbursement for providing * * * * * Electronic Document Management
service to that prospective subscriber, System (EDOCS) website at https://
§ 54.418 [Removed and Reserved] apps.fcc.gov/edocs_public/attachmatch/
unless the prospective subscriber has
certified, pursuant to § 54.410(d) that to ■ 8. Remove and reserve § 54.418. FCC-17-168A1.docx. Documents will be
the best of his or her knowledge, no one [FR Doc. 2018–00153 Filed 1–12–18; 8:45 am] available electronically in ASCII,
in his or her household is already BILLING CODE 6712–01–P Microsoft Word, and/or Adobe Acrobat.
receiving a Lifeline service. This This document is also available for
certification may only be obtained after public inspection and copying during
the eligible telecommunications carrier FEDERAL COMMUNICATIONS regular business hours in the FCC
receives a notification from the Database COMMISSION Reference Information Center, Federal
or state administrator that another Communications Commission, 445 12th
47 CFR Part 76 Street SW, CY–A257, Washington, DC
Lifeline subscriber resides at the same
address as the prospective subscriber. [MB Docket Nos. 17–317, 17–105; FCC 17– 20554. Alternative formats are available
* * * * * 168] for people with disabilities (Braille,
large print, electronic files, audio
§ 54.408 [Amended] Electronic Delivery of MVPD format), by sending an email to fcc504@
■ 6. Amend § 54.408 by removing Communications; Modernization of fcc.gov or calling the Commission’s
paragraph (f). Media Regulation Initiative Consumer and Governmental Affairs
■ 7. Amend § 54.410 by revising Bureau at (202) 418–0530 (voice), (202)
AGENCY: Federal Communications
paragraphs (f)(2)(iii) and (f)(3)(iii) and 418–0432 (TTY).
Commission.
removing and reserving paragraph (g) to Synopsis
ACTION: Proposed rule.
read as follows:
1. In this Notice of Proposed
§ 54.410 Subscriber eligibility SUMMARY: In this document, the Federal
Rulemaking (NPRM), we address ways
determination and certification. Communications Commission
to modernize certain notice provisions
(Commission) addresses ways to
* * * * * in part 76 of the Federal
(f) * * * modernize certain notice provisions in
Communications Commission’s rules
the Commission’s rules governing
daltland on DSKBBV9HB2PROD with PROPOSALS
(2) * * * governing multichannel video and cable
(iii) If the subscriber’s program-based multichannel video and cable television
television service. First, we seek
or income-based eligibility for Lifeline service.
comment on proposals to modernize the
cannot be determined by accessing one DATES: Comments are due on or before rules in subpart T of part 76 (subpart
or more state databases containing February 15, 2018; reply comments are T),1 which sets forth notice
information regarding enrollment in due on or before March 2, 2018. requirements applicable to cable
qualifying assistance programs, then the ADDRESSES: You may submit comments,
eligible telecommunications carrier may identified by MB Docket Nos. 17–317, 1 47 CFR 76.1601 through 76.1630.
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![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules 2121
devices and other customer premises determined that a verified email address express consent.17 A similar
equipment provided to subscribers may is necessary to ensure that the written requirement, applying to both
be obtained from other sources, such as information is provided—i.e., made commercial and noncommercial
retail outlets, as well as a representative available—to subscribers, as is required television broadcast stations, was
list of remote control models that are by § 76.1602(b).13 The Commission also adopted as part of the ‘‘carry one, carry
compatible with deployed customer cited policy arguments that it found to all’’ regime for Direct Broadcast Satellite
premises equipment.8 be persuasive in support of interpreting (DBS) carriers.18 In both cases, the
3. In June 2017, the Commission the ‘‘written information’’ requirement election notice must be sent via certified
issued a Declaratory Ruling (2017 of § 76.1602(b) to encompass electronic mail once every three years by each
Declaratory Ruling) that interpreted the distribution to a verified email address, broadcaster to each cable system and
written communications requirement of such as the positive environmental DBS carrier serving the station’s market.
one section of subpart T to be satisfied aspects of saving substantial amounts of A number of broadcaster commenters in
by electronic delivery of written paper annually, increased efficiency, the Media Modernization proceeding
material to subscribers.9 Specifically, and enabling customers to more readily propose changes to this process, as set
the ruling clarified that the ‘‘written access accurate information about their forth below.
information’’ that cable operators service options.14 The Commission
provide to their subscribers annually II. Discussion
concluded that electronic delivery of
pursuant to § 76.1602(b) of the annual notices would greatly ease the A. Modernization of MVPD Notice
Commission’s rules may be provided via burden of complying with these Requirements
email to a verified email address if there notification requirements for all cable
is a mechanism for customers to opt out 1. Electronic Distribution of Notices to
operators, including small cable Subscribers
of email delivery and continue to operators.15
receive paper notices.10 The 4. As discussed in more detail below, 6. We propose to adopt a rule that
Commission found that section 632(b) of parties responding to the Commission’s would allow various types of generic
the Act grants the Commission authority Modernization of Media Regulation written communications from cable
to establish the means by which annual Initiative ask the Commission to operators to subscribers to be delivered
notices may be delivered to subscribers consider permitting electronic delivery electronically, if they are sent to a
and to specify consumer protections of information required to be provided verified email address and the cable
with regard to the delivery of the by cable operators to subscribers in operator complies with other consumer
notices.11 It concluded that the statute writing pursuant to subpart T, safeguards.19 This includes generic
does not impose any limitations on the consistent with the Commission’s written information provided to
Commission’s authority under section findings in the 2017 Declaratory Ruling, consumers about the deletion or
632(b) to specify the means by which and to consider other changes to the repositioning of broadcast signals
cable operators may deliver notices to rules in subpart T. (§ 76.1601); general information about
consumers.12 The Commission 5. Carriage Election Notices. When services offered (§ 76.1602); rate and
the Commission implemented the law service changes (§ 76.1603); charges for
8 This information must be provided to
establishing the must carry/ customer service changes (§ 76.1604);
subscribers at the time they first subscribe and at
retransmission consent regime,16 it basic tier availability (§ 76.1618);
least once a year thereafter. Id. sec. 76.1622(a). The
rule specifies that this notification requirement may adopted a requirement that each availability of signals (§ 76.1620);
also be satisfied by an annual mailing to all commercial television broadcast station equipment compatibility offer
subscribers and may be included in one of the provide periodic notice to cable (§ 76.1621); and consumer education
system’s regular subscriber billings. Id. program on compatibility (§ 76.1622).20
9 See National Cable & Telecommunications operators electing either to demand
carriage or to withhold carriage absent Consistent with the Commission’s
Association and American Cable Association,
Petition for Declaratory Ruling, Declaratory Ruling, clarification in the 2017 Declaratory
32 FCC Rcd 5269 (2017) (2017 Declaratory Ruling). 13 2017 Declaratory Ruling, 32 FCC Rcd at 5274, Ruling that written information required
See 82 FR 35658. The Declaratory Ruling granted paragraph 9. under § 76.1602(b) can be sent via email
a petition for declaratory ruling filed by NCTA— 14 Id. at 5272–73, paragraph 6.
The internet and Television Association (NCTA) 15 Id. at 5273, paragraph 8. 17 47 CFR 76.64(h) (adopted in Implementation of
and the American Cable Association (ACA). See
Petition for Declaratory Ruling of National Cable & 16 ‘‘The Communications Act prohibits cable the Cable Television Consumer Protection and
Telecommunications Association and American operators and other multichannel video Competition Act of 1992: Broadcast Signal Carriage
Cable Association, MB Docket No. 16–126 (filed programming distributors from retransmitting Issues, Report and Order, 8 FCC Rcd 2965, 3003,
Mar. 7, 2016) (requesting clarification that the commercial television, low power television and paragraph 160 (1993)).
radio broadcast signals without first obtaining the 18 47 CFR 76.66(d) (adopted in Implementation of
written information that cable operators must
provide to their subscribers pursuant to § 76.1602(b) broadcaster’s consent. This permission is the Satellite Home Viewer Improvement Act of
of the Commission’s rules may be provided via commonly referred to as ‘retransmission consent’ 1999: Broadcast Signal Carriage Issues;
electronic distribution). and may involve some compensation from the cable Retransmission Consent Issues, Report and Order,
10 2017 Declaratory Ruling, 32 FCC Rcd at 5269, company to the broadcaster for the use of the signal. 16 FCC Rcd 1918, 1932, paragraph 30 (2000)).
paragraph 1. Alternately, local commercial and noncommercial ‘‘Carry one, carry all’’ refers to the fact that DBS
11 Id. at 5273, paragraph 7. television broadcast stations may require a cable carriers are not required to carry any local broadcast
12 Id. In the Cable Television Consumer operator that serves the same market as the stations in a market, but must carry all of them
Protection and Competition Act of 1992, Congress, broadcaster to carry its signal. A demand for upon request if any are carried (with certain narrow
in order to ‘‘provide increased consumer carriage is commonly referred to as ‘must-carry.’ If exceptions). The DBS ‘‘mandatory carriage/
protection,’’ amended section 632 of the Act to the broadcast station asserts its must-carry rights, retransmission consent’’ regime otherwise functions
require the Commission to adopt customer service the broadcaster cannot demand compensation from in a manner very similar to the cable ‘‘must carry/
daltland on DSKBBV9HB2PROD with PROPOSALS
standards for cable operators. Public Law 102–385, the cable operator. While retransmission consent retransmission consent’’ regime described above.
19 By ‘‘generic’’ or ‘‘general,’’ we mean
106 Stat. 1460 (1992); 47 U.S.C. 552. In section and must-carry are distinct and function separately,
632(b), Congress directs the Commission to they are related in that commercial broadcasters are information that applies to subscribers or groups of
‘‘establish standards by which cable operators may required to choose once every three years, on a subscribers generally (e.g., those residing in the
fulfill their customer service requirements’’ and system-by-system basis, whether to obtain carriage same zip code; those subscribing to the same
specifies that ‘‘[s]uch standards shall include, at a or continue carriage by choosing between must service, etc.) and is not specific to an individual
minimum, requirements governing . . . carry and retransmission consent.’’ FCC Media subscriber. See 2017 Declaratory Ruling, 32 FCC
communications between the cable operator and the Bureau, Cable Carriage of Broadcast Stations, Rcd at 5275, paragraph 10, note 40.
subscriber (including standards governing bills and https://www.fcc.gov/media/cable-carriage- 20 47 CFR 76.1601 through 76.1604, 76.1618,
refunds).’’ 47 U.S.C. 552(b)(3). broadcast-stations (last visited Oct. 4, 2017). 76.1620 through 76.1622.
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to a verified email address with for required notices to subscribers.’’ 26 reasonable written means at its sole
inclusion of an opt-out mechanism, we Frontier Communications Corporation discretion.’’ 31 Section 76.1603, which
tentatively conclude to adopt a rule (Frontier) supports reform of ‘‘outdated implements section 632(c), also states
reflecting these requirements with notice requirements that were created that notice of rate or service changes can
respect to § 76.1602(b) and some of the before companies had websites and be made by any reasonable written
other subscriber notices required in the before customers had email.’’ 27 means at the discretion of the cable
rules listed above. With respect to 8. We tentatively conclude that operator.32 We tentatively conclude that
notices that pertain to rate and service permitting cable operators to deliver the ‘‘reasonable written means’’ includes
changes, charges for customer service aforementioned subscriber notices by distribution via email to a verified email
changes, basic tier availability, and email would serve the public interest. address. We tentatively find that
subscriber privacy,21 we tentatively We believe that the policy permitting cable operators to deliver
conclude that these notices can be sent considerations that the Commission notices about service and rate changes
via email to a verified email address and found persuasive in the 2017 via email satisfies the ‘‘written means’’
seek comment on whether consumers Declaratory Ruling clarifying that the requirement of section 632(c). As we
should have to opt in to begin receiving annual notices required under have found previously, emails, by their
these notices electronically. § 76.1602(b) may be delivered very nature, convey information in
Alternatively, we seek comment on electronically apply equally with writing.33 Section 632(c) further
whether these notifications should be respect to other subscriber notices requires the written means chosen by
treated like the other ones in subpart T required in subpart T of the rules, and the cable operator to be ‘‘reasonable.’’ 34
such that cable operators should be we seek comment on our tentative For the reasons described below, we
permitted to deliver these notices conclusion that the public interest tentatively find that to be ‘‘reasonable,’’
electronically, if they allow consumers would be served by our proposal. We a cable operator must use a subscriber’s
to opt out of email delivery and note that no party in the media verified email address. We seek
continue to receive paper notices. modernization proceeding has opposed comment on these tentative
7. In comments filed in the the cable industry’s request to permit conclusions.
Modernization of Media Regulation electronic distribution of notices to 11. We believe that certain consumer
Initiative docket, some industry subscribers. safeguards must be put in place if cable
commenters request that the 9. In the 2017 Declaratory Ruling, the operators are permitted to disseminate
Commission take steps to ease the Commission concluded that it has written notifications to subscribers
burden of complying with the cable authority to establish the means by electronically with respect to subpart T
notice requirements, such as by which subpart T notices may be notification rules. First, we tentatively
permitting electronic distribution of delivered to subscribers and to specify conclude that cable operators must have
consumer protections with regard to the verified email contact information if
written notifications to subscribers.
delivery of the notices.28 As noted they choose to deliver notifications to
NCTA asks the Commission to adopt
above, section 632(b) of the Act subscribers via email, and, if no verified
more efficient, less costly ways to
provides the Commission with broad email contact information is available
provide required notices, and it
authority to ‘‘establish standards by for a particular subscriber, cable
contends that cable operators should
which cable operators may fulfill their operators must continue to deliver
expressly be permitted to correspond
customer service requirements.’’ 29 notices via paper copies to that
with customers via electronic means, if
Moreover, the statute does not impose subscriber.35 In the 2017 Declaratory
the customer has provided the cable
limitations on the Commission’s Ruling, the Commission determined
operator with an email address or
authority to specify the means by which that, for purposes of satisfying the
contacted the cable operator using such cable operators may deliver notices to or requirements of § 76.1602(b), each of the
means.22 ACA agrees with NCTA that, otherwise communicate with consumers following would be considered to be a
‘‘at a minimum, the Commission should (including communications about bills verified email address: (1) An email
clarify that the written notice and refunds).30 Because the address that the subscriber has provided
requirement as it pertains to [customer Commission has authority to establish to the cable operator (and not vice versa)
notification] provisions can be satisfied standards governing communications for purposes of receiving
via electronic notice.’’ 23 ACA posits between cable operators and communication, (2) an email address
that ‘‘electronic notification would subscribers, and email is one such that the subscriber regularly uses to
provide welcomed relief to cable method of communication, we believe communicate with the cable operator, or
operators and other entities from permitting cable operators to deliver (3) an email address that has been
paperwork burdens.’’ 24 According to subscriber notices by email is consistent
ACA, modifying subscriber notification with section 632(b). 31 See id. sec. 552(c). See also 2017 Declaratory
rules can relieve cable operators from 10. A different statutory standard Ruling, 32 FCC Rcd at 5273, note 27;
undue burdens and reduce subscriber applies to notices of service and rate Implementation of Cable Act Reform Provisions of
‘‘notice fatigue.’’ 25 Verizon agrees that the Telecommunications Act of 1996, Report and
changes provided to subscribers Order, 14 FCC Rcd 5296, 5363, paragraph 156
‘‘electronic delivery should be available pursuant to § 76.1603. Section 632(c) of (1999) (‘‘[N]otices of rate changes provided to
the Act states that ‘‘[a] cable operator subscribers through written announcements on the
21 Id. secs. 76.1603 through 76.1604, 76.1618; 47 cable system or in the newspaper will be presumed
may provide notice of service and rate
U.S.C. 551(a)(1), 338(i), 573(c)(1)(a). sufficient.’’).
changes to subscribers using any
daltland on DSKBBV9HB2PROD with PROPOSALS
22 Comments of NCTA—The internet and 32 See 47 CFR 76.1603(e). See also NCTA
Television Association, at 4–5 (NCTA Comments). Comments at 7–8 (requesting that the Commission
26 Reply Comments of Verizon, at 6 (Verizon
23 Reply Comments of the American Cable clarify that a written notice for purposes of
Association, at 9 (ACA Reply). ACA asks the Reply). § 76.1603 includes an electronic notice); Frontier
27 Reply Comments of Frontier Communications Reply at 8 (same).
Commission to launch a rulemaking to update
outdated subscriber notification requirements. See Corp., at 6 (Frontier Reply). 33 2017 Declaratory Ruling, 32 FCC Rcd at 5272,
Comments of the American Cable Association, at 28 2017 Declaratory Ruling, 32 FCC Rcd at 5273, paragraph 6.
18–26 (ACA Comments). paragraph 7. 34 See 47 U.S.C. 552(c).
24 ACA Reply at 9. 29 47 U.S.C. 552(b). 35 2017 Declaratory Ruling, 32 FCC Rcd at 5274,
25 ACA Comments at 19. 30 See id. paragraph 9.
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confirmed by the subscriber as an out mechanism via a telephone provided the link remains active until
appropriate vehicle for the delivery of number? 41 We recognize that superseded by a subsequent notice, and
notices.36 We see no reason to deviate subscribers are accustomed to having would give customers flexibility to
from the criteria identified in the 2017 electronic opt-out links available in choose when to review the annual
Declaratory Ruling, and we propose to commercial emails,42 and that, for many notices.45 We tentatively conclude that
adopt this as a definition of the term internet-savvy subscribers, an electronic this finding should also apply with
‘‘verified email address’’ as part of our link will be more efficient than a respect to any other subpart T
rules. This definition was proposed by telephone number. However, in the subscriber notices that the Commission
the cable industry, and we found that it 2017 Declaratory Ruling, the permits cable operators to send to
set acceptable parameters for the email Commission found that providing a subscribers via email, and we seek
delivery of written material.37 We seek telephone number ‘‘would be the means comment on this tentative finding.
comment on this proposal and tentative most universally accessible to customers 15. We also seek comment on whether
finding. that prefer not to receive their notices we should permit cable operators to
12. Second, we tentatively conclude electronically,’’ and it specified this as provide to subscribers notices of general
that cable operators must provide a the minimum requirement.43 Is there information at the time of installation
mechanism for subscribers to opt out of reason to deviate from that approach for and annually thereafter pursuant to
email delivery and continue to receive purposes of our rules? To the extent we § 76.1602 and information on basic tier
paper notices with respect to the adopt safeguards that differ from those availability pursuant to § 76.1618 by
following subpart T notification rules: specified in the 2017 Declaratory posting the written material on the cable
Generic written information provided to Ruling, should we adopt such operator’s website, in lieu of providing
consumers about the deletion or safeguards also with respect to the such notice to subscribers via U.S. mail
repositioning of broadcast signals annual notices required under or electronic delivery to a verified email
(§ 76.1601); general information about § 76.1602(b) of the rules, or is there a address.46 NCTA, Frontier, and ACA
services offered (§ 76.1602); availability reason to treat § 76.1602(b) differently? identify these two requirements in
of signals (§ 76.1620); equipment 13. With respect to notices of rate and particular as suitable for website
compatibility offer (§ 76.1621); and service changes pursuant to § 76.1603, posting.47 We seek comment on whether
consumer education program on charges for customer service changes it is appropriate for these types of
compatibility (§ 76.1622).38 In the 2017 pursuant to § 76.1604, and basic tier generic notifications to be provided to
Declaratory Ruling, the Commission availability pursuant to § 76.1618, we subscribers via website posting. We seek
determined that to satisfy § 76.1602(b), seek comment on whether subscribers input on the benefits, both to cable
cable operators must include an opt-out should have to opt in to begin receiving operators and to subscribers, of
telephone number that is clearly and these notices electronically.44 Does the permitting notices via website posting to
prominently presented to subscribers in nature of these notices in particular fulfill these written notice requirements
the body of the originating email that necessitate that cable operators have an as well as any potential burdens this
delivers the notices, so that it is readily opt-in safeguard in place with respect to may pose to subscribers. Would
identifiable as an opt-out option, to these notices? If so, what specific opt- subscribers benefit from having an
ensure that customers continue to be in procedures should be required? Or, option that allows them to access
provided information in a way that they alternatively, should these notifications written material via the cable operator’s
will actually accept and receive.39 We be treated like the other ones in subpart website at any time that is convenient
tentatively find that it is necessary to T such that cable operators should be to them, as opposed to either paper
allow subscribers to opt out of email permitted to deliver these notices copies delivered to a physical address or
delivery and to provide an opt-out electronically, if they allow consumers email copies delivered to a verified
mechanism that is clearly and to opt out of email delivery and email address? Would website posting
prominently presented in the body of continue to receive paper notices? Are lessen the burden on cable operators,
the originating email for purposes of the there advantages to both consumers and and small operators in particular, to
aforementioned notice rules in subpart cable operators in having various
T, and we seek comment on this notices treated in a similar manner? 45 2017 Declaratory Ruling, 32 FCC Rcd at 5276,
tentative finding.40 Should we require 14. In the 2017 Declaratory Ruling, paragraph 11, note 46.
46 47 CFR 76.1602, 76.1618.
that cable operators provide a telephone the Commission found that inclusion of 47 With respect to initial and annual notices,
opt-out method as a minimum a website link to the notice itself would NCTA notes that this detailed information ‘‘appears
requirement, consistent with the 2017 be considered reasonable when annual to be of little utility to customers and can become
Declaratory Ruling? Or, should we also notices are delivered via email, frequently outdated,’’ and that website posting
permit cable operators to provide the would enable operators to provide more timely
information in a less burdensome manner. NCTA
opt-out mechanism via an electronic 41 See id. at 5276, paragraph 10 (agreeing with
Comments at 5–6. With respect to notice of the
link that allows subscribers to identify commenters that providing a link for customers to availability of the basic service tier, NCTA asserts
their delivery preferences electronically, identify their delivery preference electronically that most customers would instinctively turn to the
‘‘could also be efficient and convenient for many cable operator’s website for information about
as an alternative to providing the opt customers’’). programming packages and channel lineups. Id. at
42 Commercial emails must include an opt-out
36 Id.
8–9. See also ACA Comments at 23 (‘‘[T]he
option under the Controlling the Assault of Non- Commission should consider modifying its rules to
37 See id. at 5274, paragraph 9 (‘‘By requiring the Solicited Pornography and Marketing Act of 2003, allow cable operators to decide how best to convey
use of a verified email address, we will ensure that 15 U.S.C. 7701, et seq. (CAN–SPAM Act). Many statutorily mandated information about the basic
daltland on DSKBBV9HB2PROD with PROPOSALS
the . . . notices have a high probability of being commercial emails satisfy this requirement with an tier to customers.’’). Frontier agrees that cable
successfully delivered electronically to an email ‘‘unsubscribe’’ link. operators should be allowed to share any required
address that the customer actually uses, so that the 43 See also 2017 Declaratory Ruling, 32 FCC Rcd
annual information by posting the information on
written information is actually provided to the at 5276, paragraph 10. The Commission also noted its website, giving subscribers the opportunity to
customer.’’). that, while providing an opt-out telephone number opt in to email notification. Frontier Reply at 7.
38 47 CFR 76.1601 through 76.1602, 76.1620
is a minimum requirement, ‘‘cable operators may While acknowledging that, for the most part, the
through 76.1622. choose to offer additional choices to their customers notices convey ‘‘important information for
39 2017 Declaratory Ruling, 32 FCC Rcd at 5275, that are clearly and prominently presented in the consumers to have,’’ ACA questions the benefit of
paragraph 10. body of the originating email.’’ Id. delivering the information year after year. ACA
40 See id. 44 47 CFR 76.1603 through 76.1604, 76.1618. Comments at 20.
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communicate this information every website be clearly labeled ‘‘Important delivered electronically to a verified
year to each subscriber on an individual Subscriber Notices’’ and be prominently email address and that the Commission
basis, while still fulfilling the objectives displayed on the initial screen of the should add a rule to subpart T codifying
of section 632? cable operator’s website? This would this interpretation. We seek comment on
16. On the other hand, would a allow subscribers to easily locate the whether subscribers should have to opt
website posting of initial and annual pertinent written material without in to begin receiving electronic privacy
notices required pursuant to § 76.1602 having to search the website. Should notices. Or, alternatively, should these
and information on basic tier any website link containing generic notifications be treated like the other
availability required pursuant to written material include an opt-out ones in subpart T such that MVPDs
§ 76.1618 ensure that subscribers are mechanism that allows subscribers to should be permitted to deliver them
adequately informed? The Commission identify their delivery preferences? electronically, if they allow consumers
recently observed that ‘‘[t]he internet Should the Commission specify that the to opt out of email delivery and
has become a major part of consumers’ link must allow a subscriber to find the continue to receive paper notices? We
daily lives and now represents a widely same information that would be recognize the importance of privacy
used medium to obtain information.’’ 48 included in the paper copies delivered protections to video subscribers, which
However, in the 2017 Declaratory to the subscriber’s physical address or are reflected in sections 631, 338(i), and
Ruling, the Commission rejected the delivered by email to a verified email 653(c)(1)(A). Are there concerns
request of the petitioners in that address? We seek comment on these or underlying the privacy notification
proceeding to permit electronic delivery any other consumer protections that requirements that suggest those
of annual notices via other means would be appropriate to impose in requirements should be treated
reasonably calculated to reach the conjunction with website posting to differently from other subscriber
individual customer, and instead ensure that consumers effectively notifications?
limited permissible electronic delivery receive the required notifications.
to email.49 The Commission explained 18. Finally, as suggested by NCTA,51 2. Responses to Consumer Requests and
that allowing other means to deliver we tentatively conclude that we should Complaints by E-Mail
annual notices, such as placing a add a rule in subpart T that specifies 19. We propose to allow cable
website link inside a bill, ‘‘could create that subscriber privacy notifications operators to respond to consumer
an undue risk that subscribers will not required pursuant to sections 631, requests or billing dispute complaints
receive the required notices.’’ 50 Can the 338(i), and 653 of the Act may be by email, if the consumer used email to
Commission’s concerns be mitigated by delivered electronically to a verified make the request or complaint or if the
putting some consumer safeguards or email address, subject to the consumer consumer specifies email as the
additional requirements in place? safeguards discussed above. Section 631 preferred delivery method in the request
Further, are there any requirements that of the Act requires a cable operator to or complaint, and we seek comment on
the Commission can adopt to help ‘‘provide notice in the form of a this proposal.54 Sections 76.1614 and
ensure that subscribers without internet separate, written statement to such 76.1619 of subpart T require written
access receive the required notices? For subscriber which clearly and responses to requests or complaints.55
example, if cable operators were conspicuously informs the subscriber Specifically, § 76.1614 requires cable
permitted to include a website link to of’’ certain privacy protections.52 operators to respond in writing within
these notices inside a bill, should we Section 338(i) of the Act imposes the 30 days to any written request by any
also require them to include a telephone same requirement on satellite providers person for the identification of the
number that subscribers can use to and section 653(c)(1)(A) of the Act signals carried on its system in
request a paper copy of the notices? imposes this requirement on Open fulfillment of the must-carry
17. To the extent that the Commission Video System (OVS) providers.53 We requirements of § 76.56.56 Section
does decide to permit website posting of tentatively conclude that the 76.1619 requires cable operators to
these two subpart T notices, we seek Commission should interpret the term respond to a written complaint from a
comment on what requirements should ‘‘separate, written statement’’ in these subscriber within 30 days if there is a
be adopted to ensure this information statutory provisions to include notices billing dispute.57 We seek comment on
can be easily accessed by consumers. whether there are any other provisions
For example, should the Commission 51 See NCTA Comments at 9. Although NCTA’s
in subpart T that would be affected by
require that an electronic link to written comments discuss only the privacy notifications
applicable to cable operators pursuant to section
this proposal.
material posted on a cable operator’s 631, we find it appropriate to also address similar 20. NCTA asks the Commission to
statutory provisions applicable to other types of clarify that cable providers may use
48 Amendment of Section 73.624(g) of the MVPDs. email to respond to consumer
Commission’s Rules Regarding Submission of FCC 52 47 U.S.C. 551(a)(1). Specifically, section 631
Form 2100, Schedule G, Used to Report TV requires annual notice of ‘‘(A) the nature of
complaints when the consumer ‘‘has
Stations’ Ancillary or Supplementary Services; personally identifiable information collected or to provided an email address on the
Amendment of Section 73.3580 of the be collected with respect to the subscriber and the complaint form and has not specifically
Commission’s Rules Regarding Public Notice of the nature of the use of such information; (B) the requested a different format.’’ 58
Filing of Broadcast Applications; Modernization of nature, frequency, and purpose of any disclosure
Media Regulation Initiative; Revision of the Public which may be made of such information, including
According to NCTA, ‘‘[a]n electronic
Notice Requirements of Section 73.3580, Notice of an identification of the types of persons to whom submission implicitly and reasonably
Proposed Rulemaking, 32 FCC Rcd 8203, 8208–09, the disclosure may be made; (C) the period during calls for an electronic
daltland on DSKBBV9HB2PROD with PROPOSALS
paragraphs 8–9 (2017) (seeking comment on which such information will be maintained by the
whether to update § 73.3580 of the Commission’s cable operator; (D) the times and place at which the 54 Our proposal is limited to responses to
rules to provide broadcast licensees with more subscriber may have access to such information in
flexibility as to how they inform the public about accordance with subsection (d) [of this section]; and consumer complaints or requests, and does not
the filing of certain applications, including whether (E) the limitations provided by this section with extend to communications between cable operators
to allow posting of such notice on an internet respect to the collection and disclosure of and other parties, such as broadcast stations.
55 See 47 CFR 76.1614, 76.1619.
website). information by a cable operator and the right of the
49 2017 Declaratory Ruling, 32 FCC Rcd at 5276, 56 Id. sec. 76.1614.
subscriber under subsections (f) and (h) [of this
paragraph 11. section] to enforce such limitations.’’ Id. 57 Id. sec. 76.1619.
50 Id. 53 Id. secs. 338(i), 573(c)(1)(a); 47 CFR 76.1510. 58 NCTA Comments at 10.
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response.’’ 59 NCTA also points out that section 624A of the Act.65 NCTA argues recorders no longer makes sense.70 ACA
the Commission already permits the Commission should eliminate this emphasizes that ‘‘[c]oncerns about TV
common carriers and internet service requirement because it is a ‘‘relic[] of receiver and VCR compatibility are,
providers to respond to formal long-outdated technologies and quite simply, no longer relevant to
complaints by email.60 Likewise, policies.’’ 66 When the Commission today’s consumer.’’ 71 We seek comment
Frontier calls on the Commission to adopted the requirement for cable on how we can best modernize
allow cable providers to use email to operators to offer subscribers special references to technology in § 76.1622.72
respond to consumer complaints when equipment with multiple tuners, it was We also seek comment on whether there
the consumer has provided an email intended to address ‘‘cases where cable are any parts of the rule that are no
address on the complaint form or if the systems use scrambling technology and longer necessary given changes in
provider has an email address on set-top boxes,’’ such that subscribers technology and, therefore, should be
record.61 Frontier contends that this need ‘‘supplemental equipment to eliminated.73 We seek comment on
would ‘‘cut down on unnecessary paper enable the operation of extended whether the requirements in § 76.1622
waste and postage and remove features and functions of TV receivers can be modified consistent with section
unnecessary costs.’’ 62 and VCRs that make simultaneous use 624A of the Act, and, if so, how.74
21. We believe that permitting cable of multiple signals,’’ including ‘‘picture- 24. Further, we seek comment on
operators to respond electronically in-picture’’ features or the ability to whether the Commission should
using the same method as the consumer watch one program while recording consider any other changes to § 76.1622,
or the method chosen by the consumer another.67 Today, consumers widely use such as scaling back the requirement to
gives both parties the opportunity to digital video recorders (DVRs), rather provide these types of notices annually.
communicate via their method of choice than VCRs or television receivers, for ACA asks the Commission to eliminate
and will allow cable operators to recording features, and ‘‘picture-in- those parts of the rule that are not
respond more efficiently to requests and picture’’ features on television receivers
complaints. We seek comment on this are not prevalent. Given today’s digital 70 Frontier Reply at 7–8.
proposal. technologies, we tentatively conclude 71 ACA Comments at 25.
72 ACA asserts that section 624A of the Act
that it is no longer necessary to promote
3. Other Subpart T Requirements the ‘‘special equipment that will enable references outdated technology, specifically
requiring the Commission to prescribe regulations
22. § 76.1621 (Equipment the simultaneous reception of multiple with respect to the compatibility of ‘‘videocassette
Compatibility Offer).63 We propose to signals’’ referred to in the rules, and we recorders.’’ Id. at 23–24; 47 U.S.C. 544a(c)(2).
eliminate § 76.1621, which requires seek comment on this tentative However, as ACA notes, the statute also directs the
conclusion. Commission to periodically review and, if
cable operators to offer and provide necessary, modify its regulations with regard to
upon request to subscribers ‘‘special 23. § 76.1622 (Consumer Education consumer education about equipment compatibility
equipment that will enable the Program on Compatibility). We seek ‘‘to reflect improvements and changes in cable
simultaneous reception of multiple comment on how to appropriately systems, television receivers, video cassette
update references to technology in recorders, and similar technology.’’ See 47 U.S.C.
signals.’’ 64 We seek comment on 544a(d); ACA Comments at 24, note 93.
whether the requirements in § 76.1621 § 76.1622 of the Commission’s rules, 73 See NCTA Comments at 9 (arguing that the
can be eliminated consistent with which requires cable operators to Commission should eliminate § 76.1622 because it
provide a consumer education program is a ‘‘relic[] of long-outdated technologies and
59 Id. at 11. on equipment and signal compatibility policies’’ and addresses ‘‘equipment that no longer
60 Id. matters to their subscribers in writing is routinely used by consumers’’). Section 624A
at 10–11 (citing 47 CFR 1.735(f) (permitting directs the Commission to ‘‘include such
answers to formal complaints against common upon initial subscription and annually regulations as are necessary’’ to notify subscribers
carriers to be delivered by email); and 8.13(c)(1) thereafter.68 Among other types of of certain consumer electronics equipment
(permitting the same for formal complaints technology, the rule refers to the compatibility issues. See 47 U.S.C. 544a(c)(2)
regarding open internet rules)). NCTA also notes (emphasis added).
that this would be consistent with prior guidance compatibility of ‘‘videocassette
74 See 47 U.S.C. 544a(c)(2). Section 624A(c)(2)
from the Consumer and Governmental Affairs recorders.’’ 69 Frontier asks the
states that ‘‘[t]he regulations prescribed by the
Bureau allowing providers to submit responses to Commission to update § 76.1622, noting Commission . . . shall include such regulations as
informal complaints against common carriers via that a requirement to educate consumers are necessary . . . to require cable operators
email. Id. at 11, note 30.
61 Frontier Reply at 15.
on the interoperability of videocassette offering channels whose reception requires a
converter box—(i) to notify subscribers that they
62 Id. Frontier also notes that letter or email
65 See 47 U.S.C. 544a(c)(2). Section 624A
may be unable to benefit from the special functions
communication is frequently made in addition to of their television receivers and video cassette
communication via other means, including by specifies that the Commission ‘‘shall periodically
recorders, including functions that permit
phone for ‘‘the most pressing and important review and, if necessary, modify the regulations
subscribers . . . to watch a program on one channel
complaints.’’ Id. at 15–16. issued pursuant to this section in light of any
while simultaneously using a video cassette
63 ACA and NCTA request that the Commission actions taken in response to such regulations and
recorder to tape a program on another channel; . . .
delete § 76.1630 of the Commission’s rules, which to reflect improvements and changes in cable
to use a video cassette recorder to tape two
requires cable operators and other multichannel systems, television receivers, video cassette
consecutive programs that appear on different
video programming distributors (MVPDs) to provide recorders, and similar technology.’’ See id. sec.
channels; and . . . to use advanced television
subscribers with notices about the digital transition 544a(d).
66 NCTA Comments at 9.
picture generation and display features; and . . .
in monthly bills or bill notices received by (ii) to the extent technically and economically
67 See Implementation of Section 17 of the Cable
subscribers beginning April 1, 2009 and concluding feasible, to offer subscribers the option of having all
on June 30, 2009. See 47 CFR 76.1630; ACA Television Consumer Protection and Competition other channels delivered directly to the subscribers’
Comments at 26; NCTA Comments at 9. We plan Act of 1992; Compatibility Between Cable Systems television receivers or video cassette recorders
to address this in a subsequent order in the and Consumer Electronics Equipment, First Report without passing through the converter box.’’ Id. sec.
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Modernization of Media Regulation Initiative and Order, 9 FCC Rcd 1981, 1989–90, paragraphs 544a(c)(2)(B). In addition, the statute requires the
proceeding. NCTA and Frontier also request that 43–48 (1994). See also 47 U.S.C. 544a(c)(2); regulations ‘‘to require a cable operator who offers
the Commission eliminate or revise the Implementation of Section 17 of the Cable subscribers the option of renting a remote control
requirements for cable operators to provide Television Consumer Protection and Competition unit . . . to notify subscribers that they may
subscribers with notice of certain rate changes in Act of 1992; Compatibility Between Cable Systems purchase a commercially available remote control
§§ 76.1603 and 76.1604 of the Commission’s rules. and Consumer Electronics Equipment, device from any source that sells such devices
See NCTA Comments at 6–8; Frontier Reply at 8– Memorandum Opinion and Order, 11 FCC Rcd 4121 rather than renting it from the cable operator; and
9. We plan to address these issues in a subsequent (1996). . . . to specify the types of remote control units that
proceeding. 68 47 CFR 76.1622.
are compatible with the converter box supplied by
64 See 47 CFR 76.1621. 69 See id. the cable operator.’’ Id. sec. 544a(c)(2)(E).
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mandated by statute, such as the 26. We seek comment on what incentivizes broadcasters to send
requirement to provide this information alternative means of serving triennial duplicative notices, and is time-
to subscribers at the time of subscription election notices would satisfy the needs consuming and costly.83 They contend
and then annually thereafter, and to give of broadcasters and MVPDs, such as that allowing stations to provide notice
cable operators greater flexibility in express delivery service or email. of elections online ‘‘not only would
determining when and how to notify Nexstar, among others, suggests that make it easier for broadcasters and cable
subscribers about equipment notices could be delivered via email, operators to keep track of elections but
compatibility issues.75 ACA argues that and AT&T proposes allowing also would be consistent with rules
the redundancy of annual notices ‘‘is no broadcasters to use express delivery applicable in other contexts and in line
longer necessary, especially now that services instead of certified U.S. mail.80 with the Commission’s recent shift
technology has moved far beyond what How would these or other approaches toward internet-based solutions.’’ 84 We
was considered cutting edge at the time work in practice? As discussed above, seek comment on the pros and cons of
the statute was enacted, and the we have in another context allowed this approach. In particular, what are
equipment compatibility problems the delivery of certain customer notices to the specific benefits to and burdens for
requirement was designed to solve are a ‘‘verified’’ email address, noting that both broadcasters and MVPDs of such
no longer pervasive.’’ 76 We seek such a notice will ‘‘have a high an approach? Further, what rule
comment on whether the Commission probability of being successfully changes would the Commission need to
should grant cable operators more delivered electronically to an email make to effectuate online notice of
flexibility with respect to these notices, address that the customer actually uses, elections? For example, should all
as suggested by ACA. so that the written information is broadcasters be required to make
actually provided to the customer.’’ We carriage elections online or would this
B. Carriage Election Notices
seek comment on whether this approach be one of their options in addition to the
25. We seek comment on how to would be sufficient in the context of existing mechanism? Under an online
revise §§ 76.64(h) and 76.66(d) of our carriage election notices, where election approach, how would
rules to permit television broadcast significant legal and financial broadcasters differentiate their elections
stations to use alternative means of consequences arise from the failure to to the extent they wish to make different
notifying MVPDs about their carriage make a timely election notice.81 Is there elections vis-à-vis different MVPDs?
elections. Currently, the rules direct an electronic equivalent to certified Finally, would these online carriage
each television broadcast station to mail? Would the use of express delivery elections be placed in the broadcasters’
provide notice every three years, via services, as proposed by AT&T, online public file or on another (existing
certified mail, to each cable system or meaningfully reduce burdens on or new) website that is publicly
DBS carrier serving its market regarding broadcasters? More generally, can we accessible?
whether it is electing to demand modernize our rules in a way that
carriage (‘‘must carry’’ or ‘‘mandatory Initial Paperwork Reduction Act
would minimize the burden on Analysis
carriage’’), or to withhold carriage broadcasters, ensure that MVPDs receive
pending negotiation (‘‘retransmission the elections in a timely way, and still 28. This document may result in new
consent’’). The DBS rule also states that provide a mechanism by which or revised information collection
the certified mail letter be ‘‘return broadcasters can demonstrate that they requirements subject to the Paperwork
receipt requested.’’ 77 The Commission met the election deadline with respect Reduction Act of 1995, Public Law 104–
‘‘believe[d] that certified mail, return to specific cable operators and DBS 13 (44 U.S.C. 3501 through 3520). If the
receipt requested [was] the preferred carriers? Commission adopts any new or revised
method to ensure that broadcast stations 27. Some commenters request that we information collection requirement, the
[were] able to demonstrate that they eliminate the requirement to send Commission will publish a notice in the
submitted their elections by the election notices to MVPDs by certified Federal Register inviting the public to
required deadline, and that they were mail, and replace it with a mechanism comment on the requirement, as
received by the satellite carrier.’’ 78 A for providing notice of carriage election required by the Paperwork Reduction
number of commenters have proposed online.82 For example, in their joint Act of 1995, Public Law 104–13 (44
changes to this process.79 filing, CBS, Disney, and Univision argue U.S.C. 3501 through 3520). In addition,
that ‘‘[t]he system-by-system election pursuant to the Small Business
75 ACA Comments at 23–25.
requirement creates inefficiencies, both Paperwork Relief Act of 2002, Public
76 Id. at 25.
for broadcasters and cable operators,’’ Law 107–198, see 44 U.S.C. 3506(c)(4),
77 47 CFR 76.66(d)(1)(ii).
the Commission seeks specific comment
78 Implementation of the Satellite Home Viewer
must carry/retransmission consent system, in this
on how it might ‘‘further reduce the
Improvement Act of 1999: Broadcast Signal
Carriage Issues, Order on Reconsideration, 16 FCC docket we are focused exclusively on notice issues. information collection burden for small
Rcd 16544, 16576, paragraph 65 (2001). 80 Nexstar Comments at 16–17; AT&T Reply at 5– business concerns with fewer than 25
79 See Comments of the National Association of 6. employees.’’
81 A failure to deliver a timely carriage election
Broadcasters, at 22–23 (NAB Comments);
Comments of CBS Corporation, The Walt Disney notice to a cable operator means that station Ex Parte Rules
Company, 21st Century Fox, Inc., and Univision defaults to must carry with respect to that operator,
and loses the ability to negotiate for compensation
29. Permit-But-Disclose. This
Communications Inc., at 10–12 (CBS, Disney, Fox,
and Univision Comments); Comments of Nexstar for carriage of the station during that three-year proceeding shall be treated as a ‘‘permit-
Broadcasting, Inc., at 16–17 (Nexstar Comments); election cycle. 47 CFR 76.64(f)(3). See also ACA but-disclose’’ proceeding in accordance
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Comments of America’s Public Television Stations Reply at 13 (arguing that continued reliance on with the Commission’s ex parte rules.85
et al., at 15 (APTS Comments); Comments of certified mail is essential). On the DBS side, a
failure to deliver a timely carriage election notice
Persons making ex parte presentations
Meredith Corporation, at 2; Reply Comments of the
ABC Television Affiliates Association, CBS has the opposite effect, meaning the station defaults
83 CBS, Disney, Fox, and Univision Comments at
Television Network Affiliates Association, and FBC to retransmission consent and loses the ability to
Television Affiliates Association, at 10–11; Joint demand carriage during that three-year election 11.
cycle. 47 CFR 76.66(d)(1)(v). See also APTS 84 Id. at 11–12. But see AT&T Reply at 4–5
Reply Comments of the Named State Broadcasters
Associations, at 7–8; Reply Comments of AT&T, at Comments at 14–15. (arguing that this approach does not minimize
5–6 (AT&T Reply). Although some of these 82 See, e.g., NAB Comments at 22–23; CBS, burdens—it simply shifts them).
commenters proposed even broader changes to the Disney, Fox, and Univision Comments at 11–12. 85 47 CFR 1.1200 et seq.
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![2130 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Proposed Rules
certain notices, and on whether to and 573, this Notice of Proposed (1) An email address that the
require consumers to opt in to electronic Rulemaking is adopted. subscriber has provided to the cable
delivery for other notices; whether to 52. It is further ordered that the operator (and not vice versa) for
permit cable operators to provide Commission’s Consumer and purposes of receiving communication;
certain written notices to subscribers by Governmental Affairs Bureau, Reference (2) An email address that the
posting the written material on the cable Information Center, shall send a copy of subscriber regularly uses to
operator’s website; a proposal to adopt this Notice of Proposed Rulemaking, communicate with the cable operator; or
a rule specifying that cable, satellite, including the Initial Regulatory (3) An email address that has been
and open video system subscriber Flexibility Analysis, to the Chief confirmed by the subscriber as an
privacy notifications required pursuant Counsel for Advocacy of the Small appropriate vehicle for the delivery of
to sections 631, 338(i), and 653 of the Business Administration. notices.
Communications Act may be delivered List of Subjects in 47 CFR Part 79 (c) The term ‘‘generic’’ means
via email, subject to consumer information that applies to subscribers
safeguards; a proposal to allow cable Cable television operators, or groups of subscribers generally (e.g.,
operators to respond to consumer Multichannel video programming those residing in the same zip code;
requests or billing dispute complaints distributors (MVPDs), Satellite those subscribing to the same service,
by email, if the consumer used email to television service providers, Television etc.) and is not specific to an individual
make the request or complaint or if the broadcasters. subscriber.
consumer specifies email as the Federal Communications Commission. (d) For notices that require an opt-out
preferred delivery method in the request Marlene H. Dortch, mechanism, the entity must include, in
or complaint; whether to adopt other Secretary. the body of the originating email that
proposals to update subpart T in light of delivers the written material, a
technological advances and market Proposed Rules mechanism for the subscriber to opt out
changes in the cable industry; and how 47 CFR part 76 of the Commission’s of email delivery that is clearly and
to update the requirements that rules is proposed to be amended as prominently presented to subscribers so
broadcast stations send carriage election follows: that it is readily identifiable as an opt-
notices via certified mail. The out mechanism. The mechanism may be
Commission has found that electronic PART 76—MULTICHANNEL VIDEO either:
delivery of notices would greatly ease AND CABLE TELEVISION SERVICE (1) An opt-out telephone number; or
the burden of complying with (2) An electronic link that allows
■ 1. The authority for part 76 continues
notification requirements for cable subscribers to identify their delivery
to read as follows:
operators, including small cable preferences electronically.
operators, and it is considering Authority: 47 U.S.C. 151, 152, 153, 154, (e) If the conditions for electronic
alternatives that may further reduce 301, 302, 302a, 303, 303a, 307, 308, 309, 312, delivery in paragraphs (a) through (d) of
burdens on small entities, such as 315, 317, 325, 338, 339, 340, 341, 503, 521, this section are not met, or if a
522, 531, 532, 534, 535, 536, 537, 543, 544,
allowing website posting of certain 544a, 545, 548, 549, 552, 554, 556, 558, 560,
subscriber opts out of electronic
notices. The Commission’s evaluation of 561, 571, 572, 573. delivery, the written material must be
the comments filed on these topics as delivered by paper copy to the
well as on other questions in the NPRM ■ 2. Add § 76.1600 to read as follows: subscriber’s physical address.
that seek to reduce the burdens placed § 76.1600 Electronic delivery of notices. (f) In this subpart, any required
on small cable operators and other (a) Written information, notices, written response to a subscriber or
MVPDs will shape the final conclusions advisements or offers that are generic in customer may be delivered by email, if
it reaches, the final significant nature and provided in writing by cable the consumer used email to make the
alternatives it considers, and the actions operators to subscribers or customers request or complaint or if the consumer
it ultimately takes in this proceeding to pursuant to this subpart, as well as specifies email as the preferred delivery
minimize any significant economic subscriber privacy notifications required method in the request or complaint.
impact that may occur on small entities. by cable operators, satellite providers, (g) This section applies only to
and open video systems pursuant to written information, notices,
F. Federal Rules That May Duplicate,
sections 631, 338(i), and 653 of the advisements, offers or responses
Overlap, or Conflict With the Proposed
Communications Act, may be delivered provided to subscribers or customers
Rule
electronically by email if the entity: and does not affect communications
50. None. (1) Sends the written material to the between cable operators and other
51. Accordingly, it is ordered that, subscriber’s verified email address; and parties addressed in this subpart.
pursuant to the authority found in (2) Provides a mechanism to allow § 76.1621 [Removed]
sections 1, 4(i), 4(j), 325, 338, 624A, 631, subscribers to continue to receive paper
632, and 653 of the Communications copies of the written material. ■ 3. Remove § 76.1621.
Act of 1934, as amended, 47 U.S.C. 151, (b) For purposes of this section, a [FR Doc. 2018–00151 Filed 1–12–18; 8:45 am]
154(i), 154(j), 325, 338, 544a, 551, 552, verified email address is defined as: BILLING CODE 6712–01–P
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Document Created: 2018-01-13 02:02:49
Document Modified: 2018-01-13 02:02:49
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments are due on or before February 15, 2018; reply comments are due on or before March 2, 2018. | |
| Contact | For additional information on this proceeding, contact Maria Mullarkey of the Policy Division, Media Bureau at [email protected], or (202) 418-2120. | |
| FR Citation | 83 FR 2119 |
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