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)

Page Range		42649-42650
FR Document		2018-18191

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 Issue 164 (Thursday, August 23, 2018)

[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.

-----------------------------------------------------------------------

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: FCC504@fcc.gov 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 FCC504@fcc.gov 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 fcc504@fcc.gov.

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

Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices 42649

Inquiries may be directed to Matthew accommodations (accessible format and entities that provide audio content
Tejada, NEJAC Designated Federal documents, sign language interpreters, via the internet and to mobile devices.
Officer, U.S. EPA, 1200 Pennsylvania CART, etc.) by email: FCC504@fcc.gov Accordingly, this Public Notice seeks
Avenue NW (Mail Code 2202A), or phone: 202–418–0530 or TTY: 202– input on the state of competition in the
Washington, DC 20460, 202–564–8047, 418–0432. marketplace for the delivery of audio
Tejada.Matthew@epa.gov. For detailed instructions for programming as it would relate to the
Dated: August 7, 2018. submitting comments and additional overall goal of providing the required
information on the rulemaking process, Communications Marketplace Report to
Brittany Bolen,
see the SUPPLEMENTARY INFORMATION Congress.
Associate Administrator, Office of Policy. 2. This Public Notice requests
section of this document.
[FR Doc. 2018–18275 Filed 8–22–18; 8:45 am] comment on the criteria or metrics that
FOR FURTHER INFORMATION CONTACT: Jake
BILLING CODE 6560–50–P
Riehm of the Media Bureau, Industry could be used to evaluate the state of
Analysis Division, (202) 418–2166. competition in the audio programming
marketplace, as well as comment and
SUPPLEMENTARY INFORMATION: This is a
FEDERAL COMMUNICATIONS information on industry data,
COMMISSION summary of the Commission’s Public
competitive dynamics, and trending
Notice, DA 18–761, released on July 23,
[MB Docket No. 18–227; DA 18–761] factors. For example, commenters are
2018. The full text of this document is
invited to submit the following data and
available electronically via the FCC’s
Media Bureau Seeks Comment on the information related to participants in
Electronic Document Management
Status of Competition in the the marketplace for the delivery of
System (EDOCS) website at https://
Marketplace for Delivery of Audio audio programming, including, but not
www.fcc.gov/document/media-bureau-
Programming limited to, terrestrial radio broadcasters
seeks-comment-audio-competition.
(i.e., AM and FM radio stations),
AGENCY: Federal Communications Documents will be available
satellite radio providers, and entities
Commission. electronically in ASCII, Microsoft Word,
that provide audio programming over
ACTION: Notice; solicitation of and/or Adobe Acrobat. This document
the internet and to mobile devices
comments. is also available for public inspection
(collectively, Audio Marketplace
and copying during regular business
SUMMARY: This document seeks input on Participants):
hours in the FCC Reference Information • Identification and ownership of key
the state of competition in the Center, which is located in Room CY– Audio Marketplace Participants, as well
marketplace for the delivery of audio A257 at FCC Headquarters, 445 12th as the business models and competitive
programming as it would relate to the Street SW, Washington, DC 20554. The strategies they use;
overall goal of providing the Reference Information Center is open to • trends in service offerings, pricing,
Communications Marketplace Report to the public Monday through Thursday and consumer behavior;
Congress as required by the Repack from 8:00 a.m. to 4:30 p.m. and Friday • the extent of competition among
Airwaves Yielding Better Access for from 8:00 a.m. to 11:30 a.m. The Audio Marketplace Participants,
Users of Modern Services Act of 2018 complete text may be purchased from including intramodal competition (i.e.,
(RAY BAUM’S Act of 2018). Title IV of the Commission’s copy contractor, 445 competition among providers of the
the RAY BAUM’S Act of 2018 requires 12th Street SW, Room CY–B402, same type, such as terrestrial radio
that the Commission publish a Washington, DC 20554. Alternative broadcast stations) and intermodal
Communications Marketplace Report in formats are available for people with competition (i.e., competition among
the last quarter of every even numbered disabilities (Braille, large print, providers of different types, such as
year. electronic files, audio format), by terrestrial radio broadcast stations and
DATES: Comments are due on or before sending an email to FCC504@fcc.gov or satellite radio providers);
September 24, 2018. Reply comments calling the Commission’s Consumer and • ratings, subscribership, and revenue
are due on or before October 9, 2018. Governmental Affairs Bureau at (202) information, for the marketplace as a
ADDRESSES: Interested parties may 418–0530 (voice), (202) 418–0432 whole and for individual Audio
submit and reply comments, identified (TTY). Marketplace Participants;
by MB Docket No. 18–227, by any of the Synopsis • capital investment, innovation, and
following methods: the deployment of advanced technology;
• Federal eRulemaking Portal: http:// 1. On March 23, 2018, the President • requirements for entry into the
www.regulations.gov. Follow the signed into law the Consolidated marketplace; and
instructions for submitting comments. Appropriations Act of 2018, which • recent entry into and exit from the
• Federal Communications included the Repack Airwaves Yielding marketplace.
Commission’s website: http:// Better Access for Users of Modern It is requested that commenters
www.fcc.gov/cgb/ecfs/. Follow the Services Act of 2018 (RAY BAUM’S Act submit information, data, and statistics
instructions for submitting comments. of 2018). Title IV of RAY BAUM’S Act for 2016 and 2017, as well as
• Mail: Filings can be sent by hand or of 2018 amends Section 13 of the information on any notable trends and
messenger delivery, by commercial Communications Act (the Act) of 1934, developments that have occurred during
overnight courier, or by first-class or and requires that the Commission 2018 to date. Industry stakeholders, the
overnight U.S. Postal Service mail publish a Communications Marketplace public, and other interested parties are
(although the Commission continues to Report in the last quarter of every even encouraged to submit information,
daltland on DSKBBV9HB2PROD with NOTICES

experience delays in receiving U.S. numbered year. Among other things, the comments, and analyses. In order to
Postal Service mail). All filings must be biennial Communications Marketplace facilitate analysis of competitive trends,
addressed to the Commission’s Report requires that the Commission parties should submit current and
Secretary, Office of the Secretary, assess the state of competition in the historic data that are comparable over
Federal Communications Commission. communications marketplace, including time. Commenters seeking confidential
• People with Disabilities: Contact the competition to deliver audio service treatment of their submissions should
FCC to request reasonable among broadcast stations, satellite radio, request that their submission, or a

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42650 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Notices

specific part thereof, be withheld from • Commercial overnight mail (except Commission pursuant to 46 U.S.C.
public inspection. U.S. Postal Service mail) must be sent 40103(a), 46 CFR 502.92, and 46 CFR
3. In addition, this document requests to 9050 Junction Drive, Annapolis 535.301, ‘‘. . . for an exemption from
comment on whether laws, regulations, Junction, MD 20701. the Shipping Act that would extend the
regulatory practices or demonstrated • All other mail, including U.S. P2–17 Order to COSCO (Europe)’’ and
marketplace practices pose a barrier to Postal Service Express Mail, Priority ‘‘would permit [Petitioners] to enter into
competitive entry into the marketplace Mail, and First Class Mail should be agreements . . . without filing an
for the delivery of audio programming addressed to 445 12th Street SW, agreement and waiting for it to become
or to the competitive expansion of Washington, DC 20554. effective.’’ The Petitioners state that
existing providers. Further, this 8. Alternate formats of this Public when the Commission granted the
document seeks input concerning the Notice (computer diskette, large print, Petition of COSCO, Orient Overseas
extent to which any such laws, audio recording, and Braille) are Container Line Limited and OOCL
regulations or marketplace practices available to persons with disabilities by (Europe) Limited (collectively ‘‘OOCL’’)
affect entry barriers for entrepreneurs contacting the Consumer & to an exemption from Agreement Filing
and other small businesses in the Governmental Affairs Bureau at (202) on August 8, 2018 in the P2–17
marketplace for the delivery of audio 418–0530 (voice), (202) 418–0432 proceeding that the ‘‘. . . wholly-owned
programming. (TTY), or send an email to fcc504@ subsidiary of COSCO known as COSCO
Procedural Matters fcc.gov. Shipping Lines (Europe) Gmbh (FMC
Federal Communications Commission. Org. No. 025509) . . . had not yet
4. Pursuant to sections 1.415 and commenced operating as a vessel-
1.419 of the Commission’s rules, 47 CFR Thomas Horan,
operating common carrier in the U.S.
1.415 and 1.419, interested parties may Chief of Staff.
foreign trades.’’
file comments on or before the dates [FR Doc. 2018–18191 Filed 8–22–18; 8:45 am] In order for the Commission to make
indicated on the first page of this BILLING CODE 6712–01–P a thorough evaluation of the exemption
document. All filings should refer to MB requested in the Petition, pursuant to 46
Docket No. 18–227. Comments may be CFR 502.92, interested parties are
filed: (1) Using the Commission’s FEDERAL ELECTION COMMISSION requested to submit views or arguments
Electronic Comment Filing System in reply to the Petition no later than
(ECFS), or (2) by filing paper copies. Sunshine Act Meeting
September 6, 2018. Replies shall be sent
Electronic Filing of Documents in TIME AND DATE: Tuesday, August 28, to the Secretary by email to Secretary@
Rulemaking Proceedings, 63 FR 24121 2018 at 11:00 a.m. fmc.gov or by mail to Federal Maritime
(1998). Commission, 800 North Capitol Street
PLACE: 1050 First Street NE,
5. Comments and reply comments NW, Washington, DC 20573–0001, and
filed in response to this document will Washington, DC.
replies shall be served on Petitioners’
be available for public inspection and STATUS: This meeting will be closed to
counsels, Robert B. Yoshitomi, Nixon
copying in the Commission’s Reference the public. Peabody LLP, 300 South Grand Avenue,
Center, Room CY–A257, 445 12th Street MATTERS TO BE CONSIDERED: Compliance Suite 4100, Los Angeles, CA 90071–
SW, Washington, DC 20554, and via the matters pursuant to 52 U.S.C. 30109. 3151, ryoshitomi@nixonpeabody.com,
Commission’s Electronic Comment Matters concerning participation in and Eric C. Jeffrey, 799 9th Street NW,
Filing System (ECFS) by entering the civil actions or proceedings or Suite 500, Washington, DC 20001–5327,
docket number, WT Docket No. 18–203. arbitration. ejeffrey@nixonpeabody.com.
6. Parties who choose to file by paper * * * * * Non-confidential filings may be
must file an original and one copy of CONTACT PERSON FOR MORE INFORMATION: submitted in hard copy to the Secretary
each filing. If more than one docket or Judith Ingram, Press Officer, Telephone: at the above address or by email as a
rulemaking number appears in the (202) 694–1220. PDF attachment to Secretary@fmc.gov
caption of this proceeding, commenters and include in the subject line: P1–18
must submit two additional copies for Laura E. Sinram, (Commenter/Company). Confidential
each additional docket or rulemaking Deputy Secretary of the Commission. filings should not be filed by email. A
number. [FR Doc. 2018–18395 Filed 8–21–18; 4:15 pm] confidential filing must be filed with the
7. Filings can be sent by hand or BILLING CODE 6715–01–P Secretary in hard copy only, and be
messenger delivery, by commercial accompanied by a transmittal letter that
overnight courier, or by first-class or identifies the filing as ‘‘Confidential-
overnight U.S. Postal Service mail FEDERAL MARITIME COMMISSION Restricted’’ and describes the nature and
(although we continue to experience extent of the confidential treatment
[Petition No. P1–18]
delays in receiving U.S. Postal Service requested. The Commission will
mail). All filings must be addressed to Petition of Cosco Shipping Lines Co., provide confidential treatment to the
the Commission’s Secretary, Office of Ltd., Cosco Shipping Lines (Europe) extent allowed by law for confidential
the Secretary, Federal Communications Gmbh, Orient Overseas Container Line submissions, or parts of submissions, for
Commission, as follows: Limited, and OOCL (Europe) Limited which confidentiality has been
• All hand-delivered paper filings for requested. When a confidential filing is
for an Exemption From Agreement
the Commission’s Secretary must be submitted, there must also be submitted
Filing; Notice of Filing and Request for
delivered to FCC Headquarters at 445 a public version of the filing. Such
daltland on DSKBBV9HB2PROD with NOTICES

Comments
12th St. SW, Room TW–A325, public filing version shall exclude
Washington, DC 20554. All hand Notice is hereby given that COSCO confidential materials, and shall
deliveries must be held together with Shipping Lines Co., Ltd. (‘‘COSCO’’), indicate on the cover page and on each
rubber bands or fasteners. Envelopes COSCO Shipping Lines (Europe) GMBH, affected page ‘‘Confidential materials
must be disposed of before entering the Orient Overseas Container Line Limited, excluded.’’ Public versions of
building. The filing hours at this and OOCL (Europe) Limited confidential filings may be submitted by
location are 8:00 a.m. to 7:00 p.m. (‘‘Petitioners’’), have petitioned the email. The Petition will be posted on

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Document Created: 2018-08-23 00:33:38
Document Modified: 2018-08-23 00:33:38

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		Notices
Action		Notice; solicitation of comments.
Dates		Comments are due on or before September 24, 2018. Reply comments are due on or before October 9, 2018.
Contact		Jake Riehm of the Media Bureau, Industry Analysis Division, (202) 418-2166.
FR Citation		83 FR 42649