83 FR 33144 - Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 137 (July 17, 2018)
Federal Register Volume 83, Issue 137 (July 17, 2018)
| Page Range | 33144-33146 | |
| FR Document | 2018-15156 |
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)] [Rules and Regulations] [Pages 33144-33146] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15156] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 73 and 74 [GN Docket No. 16-142; FCC 17-158] Authorizing Permissive Use of the ``Next Generation'' Broadcast Television Standard AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements associated with FCC 17-158. This [[Page 33145]] document is consistent with the Commission's Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: The additions of 47 CFR 73.3801, 73.6029, and 74.782 as published at 83 FR 4998, February 2, 2018, are effective as of July 17, 2018. FOR FURTHER INFORMATION CONTACT: Evan Baranoff, Policy Division, Media Bureau, at 202-418-7142, or via email at [email protected]. SUPPLEMENTARY INFORMATION: This document announces that, on July 2, 2018, OMB approved the information collection requirements contained in Sec. Sec. 73.3801, 73.6029, and 74.782 of the Commission's rules. The OMB Control Number is 3060-1254. The Commission publishes this document as an announcement of the effective date of these rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW, Washington, DC 20554. Please include the OMB Control Number, 3060-1254, in your correspondence. The Commission will also accept your comments via email at [email protected]. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on July 2, 2018, for the information collection requirements contained in Sec. Sec. 73.3801, 73.6029, and 74.782 of the Commission's rules. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-1254. OMB Approval Date: July 2, 2018. OMB Expiration Date: July 31, 2021. Title: Next Gen TV/ATSC 3.0 Local Simulcasting Rules; 47 CFR 73.3801 (full-power TV), 73.6029 (Class A TV), and 74.782 (low-power TV) and FCC Form 2100 (Next Gen TV License Application) Form Number: FCC Form 2100 (Next Gen TV License Application) Respondents: Business or other for-profit entities, state, local, or tribal government and not for profit institutions. Number of Respondents and Responses: 1,130 respondents; 4,760 responses. Estimated Time per Response: 0.017-8 hours. Frequency of Response: On occasion reporting requirement; Recordkeeping requirement; Third party disclosure. Obligation To Respond: Required to obtain or retain benefits. Statutory authority for this collection of information is contained in Sections 1, 4, 7, 301, 303, 307, 308, 309, 316, 319, 325(b), 336, 338, 399b, 403, 614, and 615 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 157, 301, 303, 307, 308, 309, 316, 319, 325(b), 336, 338, 399b, 403, 534, and 535. Total Annual Burden: 3,504 hours. Total Annual Cost: $130,500. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection. Needs and Uses: On November 20, 2017, the Commission released a Report and Order (Order), FCC 17-158, in GN Docket No. 16-142, authorizing television broadcasters to use the ``Next Generation'' broadcast television (Next Gen TV) transmission standard, also called ``ATSC 3.0'' or ``3.0,'' on a voluntary, market-driven basis. This authorization is subject to broadcasters continuing to deliver current- generation digital television (DTV) service, using the ATSC 1.0 transmission standard, also called ``ATSC 1.0'' or ``1.0,'' to their viewers. The requirement to continue to provide ATSC 1.0 service is called ``local simulcasting.'' The local simulcasting rules (47 CFR 73.3801 (full-power TV), 73.6029 (Class A TV), and 74.782 (low-power TV),) contain the following information collection requirements which require OMB approval. License Application to FCC/FCC Form 2100 (Reporting Requirement; 47 CFR 73.3801(f), 73.6029(f), and 74.782(g)): A broadcaster must file an application (FCC Form 2100) with the Commission, and receive Commission approval, before: (i) Moving its ATSC 1.0 signal to the facilities of a host station, moving that signal from the facilities of an existing host station to the facilities of a different host station, or discontinuing an ATSC 1.0 guest signal; (ii) commencing the airing of an ATSC 3.0 signal on the facilities of a host station (that has already converted to ATSC 3.0 operation), moving its ATSC 3.0 signal to the facilities of a different host station, or discontinuing an ATSC 3.0 guest signal; or (iii) converting its existing station to transmit an ATSC 3.0 signal or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions. As directed by the Commission, the Media Bureau will be amending FCC Form 2100 and the relevant schedules (Schedules B, D & F) (See Schedule B--Full Power License to cover application (OMB control number 3060-0837); Schedule D--LPTV/Translator License to cover application (OMB control number 3060-0017); and Schedule F--Class A License to cover application (OMB control number 3060-0928)) as necessary to implement the Next Gen TV licensing process and collect the required information (detailed below). The form will be revised to establish the streamlined ``one-step'' licensing process for Next Gen TV applicants, including adding the above listed purposes (i-iii) to the form. FCC staff will use the license application to determine compliance with FCC rules and to determine whether the public interest would be served by grant of the application for a Next Gen TV station license. Next Gen TV Broadcaster On-Air Notices to Consumers (Third-Party Disclosure Requirement; 47 CFR 73.3801(g), 73.6029(g), and 74.782(h)): Commercial and noncommercial educational (NCE) broadcast TV stations that relocate their ATSC 1.0 signals (e.g., moving to a host station's facility, subsequently moving to a different host, or returning to its original facility) are required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations on their existing facilities. Stations that transition directly to ATSC 3.0 will be required to air daily PSAs or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations. Broadcaster on-air notices to consumers will be used to inform consumers if stations they watch will be changing channels and [[Page 33146]] encouraged to rescan their receivers for new channel assignments. Next Gen TV Broadcaster Written Notices to MVPDs (Third-Party Disclosure Requirement; 47 CFR 73.3801(h), 73.6029(h), and 74.782(i)): Next Gen TV stations relocating their ATSC 1.0 signals (e.g., moving to a temporary host station's facilities, subsequently moving to a different host, or returning to its original facility) must provide notice to MVPDs that: (i) No longer will be required to carry the station's ATSC 1.0 signal due to the relocation; or (ii) carry and will continue to be obligated to carry the station's ATSC 1.0 signal from the new location. Broadcaster notices to multichannel video programming distributors (MVPDs) will be used to notify MVPDs that carry a Next Gen TV broadcast station about channel changes and facility information. Local Simulcasting Agreements (Recordkeeping Requirement; 47 CFR 73.3801(e), 73.6029(e), and 74.782(f)): Broadcasters must maintain a written copy of any local simulcasting agreement and provide it to the Commission upon request. FCC staff will review the local simulcasting agreement (when applicable) to determine compliance with FCC rules and to determine whether the public interest would be served by grant of the application for a Next Gen TV station license. Federal Communications Commission. Marlene Dortch, Secretary. [FR Doc. 2018-15156 Filed 7-16-18; 8:45 am] BILLING CODE 6712-01-P
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information concerning the Paperwork OMB Approval Date: July 2, 2018. from whose switches such calls are
Reduction Act information collection OMB Expiration Date: July 31, 2021. completed; (2) define these responsible
requirements, contact Nicole Ongele at Title: Part 64, Modernization of carriers as ‘‘Completing Carriers’’ and
(202) 418–2991 or nicole.ongele@ Payphone Compensation Rules et al., require them to develop their own
fcc.gov. WC Docket No. 17–141 et al., FCC system of tracking calls to completion;
18–21. (3) require Completing Carriers to file
SUPPLEMENTARY INFORMATION: This Form Number: N/A.
document announces that, on July 2, with PSPs a quarterly report and also
Respondents: Business or other for- submit an attestation by the chief
2018, OMB approved, for a period of profit entities.
three years, the information collection financial officer (CFO) that the payment
Number of Respondents and amount for that quarter is accurate and
requirements relating to certain Responses: 329 respondents; 2,257
payphone compensation rules contained is based on 100% of all completed calls;
responses. (4) require quarterly reporting
in the Commission’s Modernization of Estimated Time per Response: 0.50
Payphone Compensation Rules Report obligations for other facilities-based
hours–122 hours. long distance carriers in the call path, if
and Order, FCC 18–21, published at 83 Frequency of Response: On occasion,
FR 11422, March 15, 2018, as specified any, and define these carriers as
one-time, and quarterly reporting ‘‘Intermediate Carriers;’’ and (5) give
above. requirements; third party disclosure
The OMB Control Number is 3060– parties flexibility to agree to alternative
requirements; and recordkeeping compensation arrangements (ACA) so
1046. The Commission publishes this requirement.
document as an announcement of the that small Completing Carriers may
Obligation To Respond: Required to
effective date of the rules. If you have avoid the expense of instituting a
obtain or retain benefits. Statutory
any comments on the burden estimates tracking system and undergoing an
authority for this collection of
listed below, or how the Commission audit. On February 22, 2018, the
information is contained in 47 U.S.C.
can improve the collections and reduce Commission adopted a Report and
151, 154 and 276 of the
any burdens caused thereby, please Order, FCC 18–21 (2018 Payphone
Communications Act of 1934, as
contact Nicole Ongele, Federal Order), that: (1) Eliminated the
amended.
Communications Commission, Room Total Annual Burden: 34,720 hours. payphone call tracking system audit and
1–A620, 445 12th Street SW, Total Annual Cost: No cost(s). associated reporting requirements; (2)
Washington, DC 20554. Please include Privacy Act Impact Assessment: No permitted a company official, including
the OMB Control Number, 3060–1046, impact(s). but no longer limited to, the chief
in your correspondence. The Nature and Extent of Confidentiality: financial officer (CFO), to certify that a
Commission will also accept your The Commission is not requesting that Completing Carrier’s quarterly
comments via email at PRA@fcc.gov. the respondents submit confidential compensation payments to PSPs are
To request materials in accessible information to the FCC. Respondents accurate and complete; and (3)
formats for people with disabilities may, however, request confidential eliminated expired interim and
(Braille, large print, electronic files, treatment for information they believe to intermediate per-payphone
audio format), send an email to fcc504@ be confidential under 47 CFR 0.459 of compensation rules that no longer apply
fcc.gov or call the Consumer and the Commission’s rules. to any entity. We believe that the
Governmental Affairs Bureau at Needs and Uses: Section 276 of the revisions adopted in the 2018 Payphone
(202) 418–0530 (voice), (202) 418–0432 Communications Act, as amended (the Order significantly decrease the
(TTY). Act), requires that the Federal paperwork burden on carriers.
Communications Commission Federal Communications Commission.
Synopsis (Commission or FCC) establish rules Marlene Dortch,
As required by the Paperwork ensuring that payphone service Secretary, Office of the Secretary.
Reduction Act of 1995 (44 U.S.C. 3507), providers or PSPs are ‘‘fairly [FR Doc. 2018–15157 Filed 7–16–18; 8:45 am]
the FCC is notifying the public that it compensated’’ for each and every
BILLING CODE 6712–01–P
received final OMB approval on July 2, completed payphone-originated call.
2018, for the information collection The Commission’s Payphone
requirements contained in the Compensation Rules satisfy section 276 FEDERAL COMMUNICATIONS
modifications to the Commission’s rules by identifying the party liable for COMMISSION
in 47 CFR part 64. Under 5 CFR part compensation and establishing a
1320, an agency may not conduct or mechanism for PSPs to be paid. A 2003 47 CFR Parts 73 and 74
sponsor a collection of information Report and Order (FCC 03–235)
unless it displays a current, valid OMB established detailed rules (Payphone [GN Docket No. 16–142; FCC 17–158]
Control Number. Compensation Rules) ensuring that
Authorizing Permissive Use of the
No person shall be subject to any payphone service providers or PSPs are
‘‘Next Generation’’ Broadcast
penalty for failing to comply with a ‘‘fairly compensated’’ for each and every
Television Standard
collection of information subject to the completed payphone-originated call
Paperwork Reduction Act that does not pursuant to section 276 of the AGENCY: Federal Communications
display a current, valid OMB Control Communications Act, as amended (the Commission.
Number. The OMB Control Number is Act). The Payphone Compensation ACTION: Final rule; announcement of
3060–1046. The foregoing notice is Rules satisfy section 276 by identifying effective date.
required by the Paperwork Reduction the party liable for compensation and
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Act of 1995, Public Law 104–13, establishing a mechanism for PSPs to be SUMMARY: In this document, the
October 1, 1995, and 44 U.S.C. 3507. paid. The Payphone Compensation Commission announces that the Office
The total annual reporting burdens Rules: (1) Place liability to compensate of Management and Budget (OMB) has
and costs for the respondents are as PSPs for payphone-originated calls on approved, for a period of three years, the
follows: the facilities-based long distance information collection requirements
OMB Control Number: 3060–1046. carriers or switch-based resellers (SBRs) associated with FCC 17–158. This
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![33146 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
encouraged to rescan their receivers for This final rule clarifies the types of commercial items. See 48 CFR part
new channel assignments. contracts that are exempt from the 12.207. Similar to the CAS Board, the
Next Gen TV Broadcaster Written application of Cost Accounting Federal Acquisition Regulatory Council
Notices to MVPDs (Third-Party Standards when acquiring commercial has amended FAR 12.207 several times
Disclosure Requirement; 47 CFR items. to reflect statutory changes and clarify
73.3801(h), 73.6029(h), and 74.782(i)): DATES: Effective August 16, 2018. the intent of the regulation. An
Next Gen TV stations relocating their inconsistency has developed between
FOR FURTHER INFORMATION CONTACT:
ATSC 1.0 signals (e.g., moving to a the list of contract types recognized for
Raymond Wong, Staff Director, Cost
temporary host station’s facilities, use in acquiring commercial items set
Accounting Standards Board (telephone:
subsequently moving to a different host, forth in paragraph (b)(6) and that
202–395–6805; email: rwong@
or returning to its original facility) must commercial item exemption and
omb.eop.gov).
provide notice to MVPDs that: (i) No contract types reflected in FAR 12.207.
longer will be required to carry the SUPPLEMENTARY INFORMATION: This final For example, FAR 12.207 allows the use
station’s ATSC 1.0 signal due to the rule revises the exemption 48 CFR of firmed fixed price contracts in
relocation; or (ii) carry and will 9903.201–1(b)(6) for contracts or conjunction with award fee incentives
continue to be obligated to carry the subcontracts for the acquisition of or performance or delivery incentives,
station’s ATSC 1.0 signal from the new commercial items (hereafter referred to known as fixed-price incentive (FPI)
location. Broadcaster notices to as the ‘‘(b)(6) commercial item contracts, when the award fee or
multichannel video programming exemption’’). incentive is based solely on factors other
distributors (MVPDs) will be used to A. Regulatory Process—Changes to 48 than cost. However, the (b)(6)
notify MVPDs that carry a Next Gen TV CFR Part 9903 exemption does not expressly recognize
broadcast station about channel changes FPI contracts on the enumerated list of
and facility information. The CAS Board’s regulations and exempt contracts. Because of this
Local Simulcasting Agreements Standards are codified at 48 CFR discrepancy, some commenters on a
(Recordkeeping Requirement; 47 CFR chapter 99. This final rule amends a prior CAS Board rulemaking expressed
73.3801(e), 73.6029(e), and 74.782(f)): CAS Board regulation other than a concern that these types of FPI contracts
Broadcasters must maintain a written Standard and, as such, is not subject to might be excluded under a literal
copy of any local simulcasting the statutorily prescribed rulemaking reading of the (b)(6) exemption. See 72
agreement and provide it to the process for the promulgation of a FR 36367.
Commission upon request. FCC staff Standard at 41 U.S.C. 1502(c) [formerly, In its proposed rule, the CAS Board
will review the local simulcasting 41 U.S.C. 422(g)]. sought to address the inconsistencies
agreement (when applicable) to B. Background and Summary between the lists in the (b)(6) exemption
determine compliance with FCC rules and FAR 12.207 by removing reference
and to determine whether the public In November 2012, the CAS Board to specific contract types in the (b)(6)
interest would be served by grant of the issued a proposed rule to clarify the exemption and instead making simple
application for a Next Gen TV station exemption from CAS when acquiring reference to ‘‘contracts and subcontracts
license. commercial items. 77 FR 69422. The for the acquisition of commercial
exemption enumerates the contract items.’’ The CAS Board explained that
Federal Communications Commission. types that are authorized when this generalized language would
Marlene Dortch, procuring commercial items. Over the ‘‘obviate the continuing need to update
Secretary. years, the CAS Board has issued several and keep current a detailed listing of
[FR Doc. 2018–15156 Filed 7–16–18; 8:45 am] rules addressing the exemption to permissible contract types for the
BILLING CODE 6712–01–P reflect statutory changes regarding the acquisition of commercial items, which
types of contracts that may be used in continues to evolve with the passage of
commercial item acquisitions. See 61 FR time.’’ 77 FR 69424. The CAS Board
OFFICE OF MANAGEMENT AND 39360 (providing an exemption for firm- further explained that this language
BUDGET fixed-price contracts and subcontracts tracks the exemption set forth in its
for the acquisition of commercial items authorizing statute at 41 U.S.C.
Office of Federal Procurement Policy as authorized by section 4305 of the 1502(b)(1)(C)(i) as well as the language
Clinger-Cohen Act of 1996 (FARA), Pub. in section 4205 of the Clinger-Cohen
48 CFR Part 9903 L. 104–106); 62 FR 31294 (adding fixed- Act.
price contracts with economic price The CAS Board received several
Cost Accounting Standards: Revision adjustments other than those based on comments in response to the proposed
of the Exemption From Cost actual incurred costs for labor and rule. A discussion of the comments and
Accounting Standards for Contracts materials); and 72 FR 36367 (expanding the Board’s responses are set forth in
and Subcontracts for the Acquisition the list of exempt contract types to section C. Of particular note, some
of Commercial Items include time-and-material and labor- commenters raised concern that more
AGENCY: Cost Accounting Standards hour contracts, in response to changes general language may perpetuate
Board, Office of Federal Procurement made by section 1432 of the Services ambiguities regarding what contract
Policy, Office of Management and Acquisition Reform Act of 2003, Pub. L. types are covered by the exemption.
Budget. 108–136, which authorized these types After review of the public comments
ACTION: Final rule. of contracts for the acquisition of and further deliberation, the CAS Board
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commercial items). has concluded that the desired goal of
SUMMARY: The Office of Federal Since enactment of the Federal clarification can be more effectively
Procurement Policy (OFPP), Cost Acquisition Streamlining Act in 1994 achieved by adding language to the
Accounting Standards (CAS) Board, is (Pub. L. 103–355), the Federal exemption that cross references to FAR
publishing a final rule revising the Acquisition Regulation (FAR) has 12.207 and its enumeration of contract
exemption for contracts or subcontracts included an enumerated list of contract types authorized for the acquisition of
for the acquisition of commercial items. types authorized for use in acquiring commercial items. The CAS Board
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Document Created: 2018-07-17 01:39:22
Document Modified: 2018-07-17 01:39:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; announcement of effective date. | |
| Dates | The additions of 47 CFR 73.3801, 73.6029, and 74.782 as published at 83 FR 4998, February 2, 2018, are effective as of July 17, 2018. | |
| Contact | Evan Baranoff, Policy Division, Media Bureau, at 202-418-7142, or via email at [email protected] | |
| FR Citation | 83 FR 33144 | |
| CFR Citation | 47
CFR
73 47 CFR 74 |
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