83 FR 47151 - Information Collection Being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 181 (September 18, 2018)

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47151-47153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20250]


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

FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0980]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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

SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), the 
Federal Communications Commission (FCC or Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. Comments are 
requested concerning: Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the PRA 
that does not display a valid OMB control number.

DATES: Written comments should be submitted on or before November 19, 
2018. If you anticipate that you will be submitting comments but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email: 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0980.
    Title: Implementation of the Satellite Home Viewer Improvement Act 
of 1999: Local Broadcast Signal Carriage Issues and Retransmission 
Consent Issues, 47 CFR Section 76.66.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 10,300 respondents; 11,978 
responses.
    Estimated Time per Response: 1 hour to 5 hours.
    Frequency of Response: Third party disclosure requirement; On 
occasion reporting requirement; Once every three years reporting 
requirement; Recordkeeping requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in 47 U.S.C. 325, 
338, 339 and 340.
    Total Annual Burden: 12,186 hours.
    Total Annual Cost: $24,000.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The following information collection requirements 
are approved under this collection: 47 CFR 76.66(d)(6) addresses 
satellite carriage after a market modification is granted by the 
Commission. The rule states that television broadcast stations that 
become eligible for mandatory carriage with respect to a satellite 
carrier (pursuant to Sec.  76.66) due to a change in the market 
definition (by operation of a market modification pursuant to Sec.  
76.59) may, within 30 days of the effective date of the new definition, 
elect retransmission consent or mandatory carriage with respect to such 
carrier. A satellite carrier shall commence carriage within 90 days of 
receiving the carriage election from the television broadcast station. 
The election must be made in accordance with the requirements of 47 CFR 
76.66(d)(1).
    47 CFR 76.66(b)(1) states each satellite carrier providing, under 
section 122 of title 17, United States Code, secondary transmissions to 
subscribers located within the local market of a television broadcast 
station of a primary transmission made by that station, shall carry 
upon request the signals of all television broadcast stations located 
within that local market, subject to section 325(b) of title 47, United 
States Code, and other paragraphs in this section. Satellite carriers 
are required to carry digital-only stations upon request in markets in 
which the satellite carrier is providing any local-into-local service 
pursuant to the statutory copyright license.
    47 CFR 76.66(b)(2) requires a satellite carrier that offers 
multichannel video programming distribution service in the United 
States to more than 5,000,000 subscribers shall, no later than December 
8, 2005, carry upon request the signal originating as an analog signal 
of each television broadcast station that is located in a local market 
in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon 
request the signals originating as digital signals of each television 
broadcast station that is located in a local market in Alaska or

[[Page 47152]]

Hawaii. Such satellite carrier is not required to carry the signal 
originating as analog after commencing carriage of digital signals on 
June 8, 2007. Carriage of signals originating as digital signals of 
each television broadcast station that is located in a local market in 
Alaska or Hawaii shall include the entire free over-the-air signal, 
including multicast and high definition digital signals.
    47 CFR 76.66(c)(3)-(4) requires that a commercial television 
station notify a satellite carrier in writing whether it elects to be 
carried pursuant to retransmission consent or mandatory consent in 
accordance with the established election cycle.
    47 CFR 76.66(c)(5) requires that a noncommercial television station 
must request carriage by notifying a satellite carrier in writing in 
accordance with the established election cycle.
    47 CFR 76.66(c)(6) requires a commercial television broadcast 
station located in a local market in a noncontiguous state to make its 
retransmission consent-mandatory carriage election by October 1, 2005, 
for carriage of its signals that originate as analog signals for 
carriage commencing on December 8, 2005 and ending on December 31, 
2008, and by April 1, 2007 for its signals that originate as digital 
signals for carriage commencing on June 8, 2007 and ending on December 
31, 2008. For analog and digital signal carriage cycles commencing 
after December 31, 2008, such stations shall follow the election cycle 
in 47 CFR 76.66(c)(2) and 47 CFR 76.66(c)(4). A noncommercial 
television broadcast station located in a local market in Alaska or 
Hawaii must request carriage by October 1, 2005, for carriage of its 
signals that originate as an analog signal for carriage commencing on 
December 8, 2005 and ending on December 31, 2008, and by April 1, 2007 
for its signals that originate as digital signals for carriage 
commencing on June 8, 2007 and ending on December 31, 2008. Moreover, 
Section 76.66(c) requires a commercial television station located in a 
local market in a noncontiguous state to provide notification to a 
satellite carrier whether it elects to be carried pursuant to 
retransmission consent or mandatory consent.
    47 CFR 76.66(d)(1)(ii) states an election request made by a 
television station must be in writing and sent to the satellite 
carrier's principal place of business, by certified mail, return 
receipt requested.
    47 CFR 76.66(d)(1)(iii) states a television station's written 
notification shall include the: (A) Station's call sign; (B) Name of 
the appropriate station contact person; (C) Station's address for 
purposes of receiving official correspondence; (D) Station's community 
of license; (E) Station's DMA assignment; and (F) For commercial 
television stations, its election of mandatory carriage or 
retransmission consent.
    47 CFR 76.66(d)(1)(iv) Within 30 days of receiving a television 
station's carriage request, a satellite carrier shall notify in 
writing: (A) Those local television stations it will not carry, along 
with the reasons for such a decision; and (B) those local television 
stations it intends to carry.
    47 CFR 76.66(d)(2)(i) states a new satellite carrier or a satellite 
carrier providing local service in a market for the first time after 
July 1, 2001, shall inform each television broadcast station licensee 
within any local market in which a satellite carrier proposes to 
commence carriage of signals of stations from that market, not later 
than 60 days prior to the commencement of such carriage (A) Of the 
carrier's intention to launch local-into-local service under this 
section in a local market, the identity of that local market, and the 
location of the carrier's proposed local receive facility for that 
local market; (B) Of the right of such licensee to elect carriage under 
this section or grant retransmission consent under section 325(b); (C) 
That such licensee has 30 days from the date of the receipt of such 
notice to make such election; and (D) That failure to make such 
election will result in the loss of the right to demand carriage under 
this section for the remainder of the 3-year cycle of carriage under 
section 325.
    47 CFR 76.66(d)(2)(ii) states satellite carriers shall transmit the 
notices required by paragraph (d)(2)(i) of this section via certified 
mail to the address for such television station licensee listed in the 
consolidated database system maintained by the Commission.
    47 CFR 76.66(d)(2)(iii) requires a satellite carrier with more than 
five million subscribers to provide a notice as required by 47 CFR 
76.66(d)(2)(i) and 47 CFR 76.66(d)(2)(ii) to each television broadcast 
station located in a local market in a noncontiguous state, not later 
than September 1, 2005 with respect to analog signals and a notice not 
later than April 1, 2007 with respect to digital signals; provided, 
however, that the notice shall also describe the carriage requirements 
pursuant to Section 338(a)(4) of Title 47, United States Code, and 47 
CFR 76.66(b)(2).
    47 CFR 76.66(d)(2)(iv) requires that a satellite carrier shall 
commence carriage of a local station by the later of 90 days from 
receipt of an election of mandatory carriage or upon commencing local-
into-local service in the new television market.
    47 CFR 76.66(d)(2)(v) states within 30 days of receiving a local 
television station's election of mandatory carriage in a new television 
market, a satellite carrier shall notify in writing: Those local 
television stations it will not carry, along with the reasons for such 
decision, and those local television stations it intends to carry.
    47 CFR 76.66(d)(2)(vi) requires satellite carriers to notify all 
local stations in a market of their intent to launch HD carry-one, 
carry-all in that market at least 60 days before commencing such 
carriage.
    47 CFR 76.66(d)(3)(ii) states a new television station shall make 
its election request, in writing, sent to the satellite carrier's 
principal place of business by certified mail, return receipt 
requested, between 60 days prior to commencing broadcasting and 30 days 
after commencing broadcasting. This written notification shall include 
the information required by paragraph (d)(1)(iii) of this section.
    47 CFR 76.66(d)(3)(iv) states within 30 days of receiving a new 
television station's election of mandatory carriage, a satellite 
carrier shall notify the station in writing that it will not carry the 
station, along with the reasons for such decision, or that it intends 
to carry the station.
    47 CFR 76.66(d)(5)(i) states beginning with the election cycle 
described in Sec.  76.66(c)(2), the retransmission of significantly 
viewed signals pursuant to Sec.  76.54 by a satellite carrier that 
provides local-into-local service is subject to providing the 
notifications to stations in the market pursuant to paragraphs 
(d)(5)(i)(A) and (B) of this section, unless the satellite carrier was 
retransmitting such signals as of the date these notifications were 
due. (A) In any local market in which a satellite carrier provided 
local-into-local service on December 8, 2004, at least 60 days prior to 
any date on which a station must make an election under paragraph (c) 
of this section, identify each affiliate of the same television network 
that the carrier reserves the right to retransmit into that station's 
local market during the next election cycle and the communities into 
which the satellite carrier reserves the right to make such 
retransmissions; (B) In any local market in which a satellite carrier 
commences local-into-local service after December 8, 2004, at least 60 
days prior to the commencement of service in that market, and 
thereafter at least 60 days prior to any date on which the station must 
thereafter make an election under

[[Page 47153]]

Sec.  76.66(c) or (d)(2), identify each affiliate of the same 
television network that the carrier reserves the right to retransmit 
into that station's local market during the next election cycle.
    47 CFR 76.66(f)(3) states except as provided in 76.66(d)(2), a 
satellite carrier providing local-into-local service must notify local 
television stations of the location of the receive facility by June 1, 
2001 for the first election cycle and at least 120 days prior to the 
commencement of all election cycles thereafter.
    47 CFR 76.66(f)(4) states a satellite carrier may relocate its 
local receive facility at the commencement of each election cycle. A 
satellite carrier is also permitted to relocate its local receive 
facility during the course of an election cycle, if it bears the signal 
delivery costs of the television stations affected by such a move. A 
satellite carrier relocating its local receive facility must provide 60 
days notice to all local television stations carried in the affected 
television market.
    47 CFR 76.66(h)(5) states a satellite carrier shall provide notice 
to its subscribers, and to the affected television station, whenever it 
adds or deletes a station's signal in a particular local market 
pursuant to this paragraph.
    47 CFR 76.66(m)(1) states whenever a local television broadcast 
station believes that a satellite carrier has failed to meet its 
obligations under this section, such station shall notify the carrier, 
in writing, of the alleged failure and identify its reasons for 
believing that the satellite carrier failed to comply with such 
obligations.
    47 CFR 76.66(m)(2) states the satellite carrier shall, within 30 
days after such written notification, respond in writing to such 
notification and comply with such obligations or state its reasons for 
believing that it is in compliance with such obligations.
    47 CFR 76.66(m)(3) states a local television broadcast station that 
disputes a response by a satellite carrier that it is in compliance 
with such obligations may obtain review of such denial or response by 
filing a complaint with the Commission, in accordance with Sec.  76.7 
of title 47, Code of Federal Regulations. Such complaint shall allege 
the manner in which such satellite carrier has failed to meet its 
obligations and the basis for such allegations.
    47 CFR 76.66(m)(4) states the satellite carrier against which a 
complaint is filed is permitted to present data and arguments to 
establish that there has been no failure to meet its obligations under 
this section.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2018-20250 Filed 9-17-18; 8:45 am]
BILLING CODE 6712-01-P