83 FR 42649 - Media Bureau Seeks Comment on the Status of Competition in the Marketplace for Delivery of Audio Programming

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 164 (August 23, 2018)

This document seeks input on the state of competition in the marketplace for the delivery of audio programming as it would relate to the overall goal of providing the Communications Marketplace Report to Congress as required by the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (RAY BAUM'S Act of 2018). Title IV of the RAY BAUM'S Act of 2018 requires that the Commission publish a Communications Marketplace Report in the last quarter of every even numbered year.

[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Pages 42649-42650]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18191]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 18-227; DA 18-761]


Media Bureau Seeks Comment on the Status of Competition in the 
Marketplace for Delivery of Audio Programming

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: This document seeks input on the state of competition in the 
marketplace for the delivery of audio programming as it would relate to 
the overall goal of providing the Communications Marketplace Report to 
Congress as required by the Repack Airwaves Yielding Better Access for 
Users of Modern Services Act of 2018 (RAY BAUM'S Act of 2018). Title IV 
of the RAY BAUM'S Act of 2018 requires that the Commission publish a 
Communications Marketplace Report in the last quarter of every even 
numbered year.

DATES: Comments are due on or before September 24, 2018. Reply comments 
are due on or before October 9, 2018.

ADDRESSES: Interested parties may submit and reply comments, identified 
by MB Docket No. 18-227, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs/. 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 (although the Commission continues to experience 
delays in receiving 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 detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jake Riehm of the Media Bureau, 
Industry Analysis Division, (202) 418-2166.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 18-761, released on July 23, 2018. The full text of this 
document is available electronically via the FCC's Electronic Document 
Management System (EDOCS) website at https://www.fcc.gov/document/media-bureau-seeks-comment-audio-competition. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat. This document is also available for public inspection and 
copying during regular business hours in the FCC Reference Information 
Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th 
Street SW, Washington, DC 20554. The Reference Information Center is 
open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. 
and Friday from 8:00 a.m. to 11:30 a.m. The complete text may be 
purchased from the Commission's copy contractor, 445 12th Street SW, 
Room CY-B402, Washington, DC 20554. Alternative formats are available 
for people with disabilities (Braille, large print, electronic files, 
audio format), by sending an email to [email protected] or calling the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).

Synopsis

    1. On March 23, 2018, the President signed into law the 
Consolidated Appropriations Act of 2018, which included the Repack 
Airwaves Yielding Better Access for Users of Modern Services Act of 
2018 (RAY BAUM'S Act of 2018). Title IV of RAY BAUM'S Act of 2018 
amends Section 13 of the Communications Act (the Act) of 1934, and 
requires that the Commission publish a Communications Marketplace 
Report in the last quarter of every even numbered year. Among other 
things, the biennial Communications Marketplace Report requires that 
the Commission assess the state of competition in the communications 
marketplace, including competition to deliver audio service among 
broadcast stations, satellite radio, and entities that provide audio 
content via the internet and to mobile devices. Accordingly, this 
Public Notice seeks input on the state of competition in the 
marketplace for the delivery of audio programming as it would relate to 
the overall goal of providing the required Communications Marketplace 
Report to Congress.
    2. This Public Notice requests comment on the criteria or metrics 
that could be used to evaluate the state of competition in the audio 
programming marketplace, as well as comment and information on industry 
data, competitive dynamics, and trending factors. For example, 
commenters are invited to submit the following data and information 
related to participants in the marketplace for the delivery of audio 
programming, including, but not limited to, terrestrial radio 
broadcasters (i.e., AM and FM radio stations), satellite radio 
providers, and entities that provide audio programming over the 
internet and to mobile devices (collectively, Audio Marketplace 
Participants):
     Identification and ownership of key Audio Marketplace 
Participants, as well as the business models and competitive strategies 
they use;
     trends in service offerings, pricing, and consumer 
behavior;
     the extent of competition among Audio Marketplace 
Participants, including intramodal competition (i.e., competition among 
providers of the same type, such as terrestrial radio broadcast 
stations) and intermodal competition (i.e., competition among providers 
of different types, such as terrestrial radio broadcast stations and 
satellite radio providers);
     ratings, subscribership, and revenue information, for the 
marketplace as a whole and for individual Audio Marketplace 
Participants;
     capital investment, innovation, and the deployment of 
advanced technology;
     requirements for entry into the marketplace; and
     recent entry into and exit from the marketplace.
    It is requested that commenters submit information, data, and 
statistics for 2016 and 2017, as well as information on any notable 
trends and developments that have occurred during 2018 to date. 
Industry stakeholders, the public, and other interested parties are 
encouraged to submit information, comments, and analyses. In order to 
facilitate analysis of competitive trends, parties should submit 
current and historic data that are comparable over time. Commenters 
seeking confidential treatment of their submissions should request that 
their submission, or a

[[Page 42650]]

specific part thereof, be withheld from public inspection.
    3. In addition, this document requests comment on whether laws, 
regulations, regulatory practices or demonstrated marketplace practices 
pose a barrier to competitive entry into the marketplace for the 
delivery of audio programming or to the competitive expansion of 
existing providers. Further, this document seeks input concerning the 
extent to which any such laws, regulations or marketplace practices 
affect entry barriers for entrepreneurs and other small businesses in 
the marketplace for the delivery of audio programming.

Procedural Matters

    4. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file comments on or 
before the dates indicated on the first page of this document. All 
filings should refer to MB Docket No. 18-227. Comments may be filed: 
(1) Using the Commission's Electronic Comment Filing System (ECFS), or 
(2) by filing paper copies. Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    5. Comments and reply comments filed in response to this document 
will be available for public inspection and copying in the Commission's 
Reference Center, Room CY-A257, 445 12th Street SW, Washington, DC 
20554, and via the Commission's Electronic Comment Filing System (ECFS) 
by entering the docket number, WT Docket No. 18-203.
    6. 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, commenters must submit two 
additional copies for each additional docket or rulemaking number.
    7. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission, 
as follows:
     All hand-delivered paper filings for the Commission's 
Secretary must be delivered to FCC Headquarters at 445 12th St. SW, 
Room TW-A325, Washington, DC 20554. All hand deliveries must be held 
together with rubber bands or fasteners. Envelopes must be disposed of 
before entering the building. The filing hours at this location are 
8:00 a.m. to 7:00 p.m.
     Commercial overnight mail (except U.S. Postal Service 
mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 
20701.
     All other mail, including U.S. Postal Service Express 
Mail, Priority Mail, and First Class Mail should be addressed to 445 
12th Street SW, Washington, DC 20554.
    8. Alternate formats of this Public Notice (computer diskette, 
large print, audio recording, and Braille) are available to persons 
with disabilities by contacting the Consumer & Governmental Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY), or send an 
email to [email protected].

Federal Communications Commission.
Thomas Horan,
Chief of Staff.
[FR Doc. 2018-18191 Filed 8-22-18; 8:45 am]
BILLING CODE 6712-01-P