83 FR 732 - Expansion of Intergovernmental Advisory Committee
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 5 (January 8, 2018)
Federal Register Volume 83, Issue 5 (January 8, 2018)
| Page Range | 732-733 | |
| FR Document | 2018-00015 |
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)] [Rules and Regulations] [Pages 732-733] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00015] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 0 [FCC 17-172] Expansion of Intergovernmental Advisory Committee AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission adopts revisions to its rules governing the Intergovernmental Advisory Committee (Committee or IAC), which advises the Commission on a range of telecommunications issues affecting local, county, state, and Tribal interests, to expand it from 15 members to 30 members. The IAC has been an important source of information and guidance to the Commission over the past 20 years. The rule change will enhance the IAC's role by allowing for a greater diversity of viewpoints representing our municipal, county, state, and Tribal partners throughout the country. DATES: Effective January 8, 2018. FOR FURTHER INFORMATION CONTACT: Carmen Scanlon, Consumer and Governmental Affairs Bureau, at: (202) 418-0544; email: [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, FCC 17-172, adopted December 13, 2017, released December 20, 2017. The full text of this document will be available for public inspection and copying via ECFS, and during regular business hours at the FCC Reference [[Page 733]] Information Center, Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The full text of this document and any subsequently filed documents in this matter may also be found by searching ECFS at: http://apps.fcc.gov/ecfs/. Final Paperwork Reduction Act of 1995 Analysis The Order does not contain any new or modified information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Congressional Review Act The Commission sent a copy of the Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Synopsis 1. The IAC, formerly known as the Local and State Government Advisory Committee (LSGAC), was created in 1997 to provide guidance to the Commission on issues of importance to state, local, county, and Tribal governments, as well as to the Commission. The Committee is currently composed of 15 elected and appointed officials of those governmental entities. 2. The Committee has provided ongoing advice and information to the Commission on a broad range of telecommunications issues in which state, local, county, and Tribal governments share ``intergovernmental responsibilities or administration'' with the Commission, including cable and local franchising, public rights-of-way, facilities siting, universal service, barriers to competitive entry, and public safety communications. 3. The Commission has often found over the years that an IAC membership of just 15 does not often capture the varied perspectives of our regulatory partners across the country. The IAC works best and its advice helps the Commission the most when it fully represents perspectives of rural, urban, and suburban jurisdictions from various geographic areas throughout the United States. 4. By expanding its membership to 30, the Commission better enable the IAC's ability to represent perspectives and viewpoints from all relevant governmental entities and sectors, and to further promote valuable, comprehensive, and balanced input that more comprehensively reflects the views and expertise of our regulatory partners. The Commission's experience with other advisory committees of similar size shows this to be the case. 5. The Commission continue to believe that IAC representation from each category of state, local, county, and Tribal government is important. Thus, the number of members from each category set forth in our current rules shall now serve as a minimum threshold. The Committee will now consist of 30 members, of which at least four shall be elected municipal officials, at least two shall be elected county officials, at least one shall be a local government attorney, at least one shall be an elected state executive, at least three shall be elected state legislators, at least one shall be a public utilities or public service commissioner, and at least three shall be Native American Tribal representatives. The Commission's approach will give the Commission flexibility to expand the number and diversity of viewpoints from these sectors while ensuring none is under-represented. Ordering Clauses 6. The rule modifications adopted constitute rules of agency organization, procedure and practice. Therefore, the modification of Sec. 0.701 of the Commission's rules is not subject to the notice and comment and effective date provisions of the Administrative Procedure Act. See 5 U.S.C. 553(b)(3)(A), (d). 7. Pursuant to sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 303(r), subpart G, Sec. 0.701 of the Commission's rules, 47 CFR 0.701, modified as set forth in the Order, is adopted. List of Subjects in 47 CFR Part 0 Organization and functions (Government agencies). Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer. Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 0 as follows: PART 0--COMMISSION ORGANIZATION 0 1. The authority citation for part 0 is revised to read as follows: Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, unless otherwise noted. 0 2. Amend Sec. 0.701 by revising paragraph (b) to read as follows: Sec. 0.701 Intergovernmental Advisory Committee. * * * * * (b) Membership. The IAC will be composed of 30 members (or their designated employees), with a minimum of: Four elected municipal officials (city mayors and city council members); two elected county officials (county commissioners or council members); one elected or appointed local government attorney; one elected state executive (governor or lieutenant governor); three elected state legislators; one elected or appointed public utilities or public service commissioner; and three elected or appointed Native American tribal representatives. The Chairman of the Commission will appoint members through an application process initiated by a Public Notice, and will select a Chairman and a Vice Chairman to lead the IAC. The Chairman of the Commission will also appoint members to fill any vacancies and may replace an IAC member, at his discretion, using the appointment process. Members of the IAC are responsible for travel and other incidental expenses incurred while on IAC business and will not be reimbursed by the Commission for such expenses. * * * * * [FR Doc. 2018-00015 Filed 1-5-18; 8:45 am] BILLING CODE 6712-01-P
![732 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations
this shall include a description of (2) Seek input from other potentially (6) Require submittal of an annual
circumstances under which the initial affected public entities and Indian notice in accordance with § 122.38(b);
notification of the public may be Tribes whose waters may be impacted (7) Specify protocols for making the
delayed beyond four hours of the by a CSO discharge. annual notice under § 122.38(b)
permittee becoming aware of the (3) Consider the recommendations of available to the public.
discharge, which shall only include the public health department and other
circumstances where a physical action potentially affected entities in PART 123—STATE PROGRAM
is needed to limit the public health developing protocols in its public REQUIREMENTS
impacts of a CSO discharge by notification plan for providing
notification of CSO discharges to the ■ 6. The authority citation for part 123
controlling the CSO discharge
public health department and continues to read as follows:
(including continuing to implement its
existing practice of conducting potentially affected public entities and Authority: Clean Water Act, 33 U.S.C.
inspections of CSO discharge points Indian Tribes. 1251 et seq.
during the discharge), and all available (e) Extending compliance to avoid ■ 7. In § 123.25, add paragraph (a)(47) to
staff are required to complete this undue economic hardship. The Director read as follows:
action, and, therefore, are not available may extend the compliance dates in
to initiate the initial notification until paragraphs (a), (b), and (c) of this § 123.25 Requirements for permitting.
this action is complete; section for individual communities if (a) * * *
(9) Describe, for each CSO discharge the Director determines the community (47) For a Great Lakes State, § 122.38.
point, how the volume and duration of needs additional time to comply in * * * * *
CSO discharges shall be either measured order to avoid undue economic [FR Doc. 2017–27948 Filed 1–5–18; 8:45 am]
or estimated for the purposes of hardship. Where the Director extends BILLING CODE 6560–50–P
complying with paragraphs (a)(2)(ii)(A), the compliance date of any of these
(a)(3)(iii)(A) and (b)(2) and (3) of this requirements for a community, the
section. If the Great Lakes Basin CSO Director shall notify the Regional FEDERAL COMMUNICATIONS
permittee intends to use a model to Administrator of the extension and the COMMISSION
estimate discharge volumes and reason for the extension. The Director
durations, the plan must summarize the shall post on its website a notice that 47 CFR Part 0
model and describe how the model was includes the name of the community [FCC 17–172]
or will be calibrated. CSO permittees and the new compliance date(s). The
that are a municipality or sewer district notice shall remain on the Director’s Expansion of Intergovernmental
with a population of 75,000 or more website until the new compliance date. Advisory Committee
must assess whether re-calibration of ■ 5. In § 122.42, add paragraph (f) to
their model is necessary, and recalibrate read as follows: AGENCY: Federal Communications
if necessary, at least once every 5 years; Commission.
§ 122.42 Additional conditions applicable ACTION: Final rule.
(10) Describe protocols for making the
to specified categories of NPDES permits
annual notice described in paragraph (b) (applicable to State NPDES programs, see SUMMARY: In this document, the
of this section available to the public § 123.25). Commission adopts revisions to its rules
and to the Director; and
* * * * * governing the Intergovernmental
(11) Describe significant (f) Public notification requirements for Advisory Committee (Committee or
modifications to the plan that were CSO discharges to the Great Lakes IAC), which advises the Commission on
made since it was last updated. Basin. Any permit issued authorizing a range of telecommunications issues
(d) Seek input on public notification the discharge of a combined sewer affecting local, county, state, and Tribal
plan. Prior to submitting the public overflow (CSO) to the Great Lakes Basin interests, to expand it from 15 members
notification plan, or resubmitting under must: to 30 members. The IAC has been an
§ 122.21(j)(8)(iii), the Great Lakes Basin (1) Require implementation of the important source of information and
CSO permittee must: public notification requirements in guidance to the Commission over the
(1) Seek input from the local public § 122.38(a); past 20 years. The rule change will
health department (or if there is no local (2) Specify the information that must enhance the IAC’s role by allowing for
health department, the State health be included on discharge point signage, a greater diversity of viewpoints
department), to: which, at a minimum, must include representing our municipal, county,
(i) Develop recommended protocols those elements in § 122.38(a)(1)(ii); state, and Tribal partners throughout the
for providing notification of CSO (3) Specify discharge points and country.
discharges to the public health public access areas where signs are DATES: Effective January 8, 2018.
department. The protocols will specify required pursuant to § 122.38(a)(1)(i);
which CSO discharges are subject to FOR FURTHER INFORMATION CONTACT:
(4) Specify the timing and minimum
notification, the means of notification, Carmen Scanlon, Consumer and
information required for providing
timing of notification and other relevant Governmental Affairs Bureau, at: (202)
initial and supplemental notification to:
factors. (i) Local public health department 418–0544; email: Carmen.Scanlon@
(ii) Develop recommendations for and other potentially affected entities fcc.gov.
providing notice to the general public of under § 122.38(a)(2); and SUPPLEMENTARY INFORMATION: This is a
jstallworth on DSKBBY8HB2PROD with RULES
CSO discharges electronically and by (ii) The public under § 122.38(a)(3). summary of the Commission’s Order,
other appropriate means. (5) Specify the location of CSO FCC 17–172, adopted December 13,
(iii) Develop recommendations for discharges that must be monitored for 2017, released December 20, 2017. The
areas that would be considered volume and discharge duration and the full text of this document will be
‘‘potentially impacted public access location of CSO discharges where CSO available for public inspection and
areas’’ as referenced in § 122.38(a)(1), volume and duration may be estimated; copying via ECFS, and during regular
(2), and (3). and business hours at the FCC Reference
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![Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 733
Information Center, Portals II, 445 12th governmental entities and sectors, and Authority: Secs. 5, 48 Stat. 1068, as
Street SW, Room CY–A257, to further promote valuable, amended; 47 U.S.C. 155, unless otherwise
Washington, DC 20554. The full text of comprehensive, and balanced input that noted.
this document and any subsequently more comprehensively reflects the ■ 2. Amend § 0.701 by revising
filed documents in this matter may also views and expertise of our regulatory paragraph (b) to read as follows:
be found by searching ECFS at: http:// partners. The Commission’s experience
§ 0.701 Intergovernmental Advisory
apps.fcc.gov/ecfs/. with other advisory committees of Committee.
similar size shows this to be the case.
Final Paperwork Reduction Act of 1995 5. The Commission continue to * * * * *
Analysis believe that IAC representation from (b) Membership. The IAC will be
The Order does not contain any new each category of state, local, county, and composed of 30 members (or their
or modified information collection Tribal government is important. Thus, designated employees), with a
requirements subject to the Paperwork the number of members from each minimum of: Four elected municipal
Reduction Act of 1995, Public Law 104– category set forth in our current rules officials (city mayors and city council
13. In addition, therefore, it does not shall now serve as a minimum members); two elected county officials
contain any new or modified threshold. The Committee will now (county commissioners or council
information collection burden for small consist of 30 members, of which at least members); one elected or appointed
business concerns with fewer than 25 four shall be elected municipal officials, local government attorney; one elected
employees, pursuant to the Small at least two shall be elected county state executive (governor or lieutenant
Business Paperwork Relief Act of 2002, officials, at least one shall be a local governor); three elected state legislators;
Public Law 107–198, see 44 U.S.C. government attorney, at least one shall one elected or appointed public utilities
3506(c)(4). be an elected state executive, at least or public service commissioner; and
three shall be elected state legislators, at three elected or appointed Native
Congressional Review Act American tribal representatives. The
least one shall be a public utilities or
The Commission sent a copy of the public service commissioner, and at Chairman of the Commission will
Order to Congress and the Government least three shall be Native American appoint members through an
Accountability Office pursuant to the Tribal representatives. The application process initiated by a Public
Congressional Review Act, see 5 U.S.C. Commission’s approach will give the Notice, and will select a Chairman and
801(a)(1)(A). Commission flexibility to expand the a Vice Chairman to lead the IAC. The
number and diversity of viewpoints Chairman of the Commission will also
Synopsis
from these sectors while ensuring none appoint members to fill any vacancies
1. The IAC, formerly known as the and may replace an IAC member, at his
is under-represented.
Local and State Government Advisory discretion, using the appointment
Committee (LSGAC), was created in Ordering Clauses process. Members of the IAC are
1997 to provide guidance to the 6. The rule modifications adopted responsible for travel and other
Commission on issues of importance to constitute rules of agency organization, incidental expenses incurred while on
state, local, county, and Tribal procedure and practice. Therefore, the IAC business and will not be
governments, as well as to the modification of § 0.701 of the reimbursed by the Commission for such
Commission. The Committee is Commission’s rules is not subject to the expenses.
currently composed of 15 elected and notice and comment and effective date * * * * *
appointed officials of those provisions of the Administrative [FR Doc. 2018–00015 Filed 1–5–18; 8:45 am]
governmental entities. Procedure Act. See 5 U.S.C. BILLING CODE 6712–01–P
2. The Committee has provided 553(b)(3)(A), (d).
ongoing advice and information to the 7. Pursuant to sections 4(i), 4(j), and
Commission on a broad range of 303(r) of the Communications Act of FEDERAL COMMUNICATIONS
telecommunications issues in which 1934, as amended, 47 U.S.C. 154(i), COMMISSION
state, local, county, and Tribal 154(j), and 303(r), subpart G, § 0.701 of
governments share ‘‘intergovernmental the Commission’s rules, 47 CFR 0.701, 47 CFR Part 73
responsibilities or administration’’ with modified as set forth in the Order, is
the Commission, including cable and [MB Docket Nos. 14–50, 09–182, 07–294, 04–
adopted. 256, and 17–289; FCC 17–156]
local franchising, public rights-of-way,
facilities siting, universal service, List of Subjects in 47 CFR Part 0
2014 Quadrennial Regulatory Review
barriers to competitive entry, and public Organization and functions
safety communications. (Government agencies). AGENCY: Federal Communications
3. The Commission has often found Commission.
Federal Communications Commission.
over the years that an IAC membership ACTION: Final rule.
Katura Jackson,
of just 15 does not often capture the
varied perspectives of our regulatory Federal Register Liaison Officer. SUMMARY: In this document, an Order on
partners across the country. The IAC Final Rule Reconsideration repeals and modifies
works best and its advice helps the several of the Commission’s broadcast
For the reasons discussed in the
Commission the most when it fully ownership rules. Specifically, this
preamble, the Federal Communications
represents perspectives of rural, urban, document repeals the Newspaper/
Commission amends 47 CFR part 0 as
jstallworth on DSKBBY8HB2PROD with RULES
and suburban jurisdictions from various Broadcast Cross-Ownership Rule, the
follows:
geographic areas throughout the United Radio/Television Cross-Ownership
States. PART 0—COMMISSION Rule, and the attribution rule for
4. By expanding its membership to 30, ORGANIZATION television joint sales agreements. This
the Commission better enable the IAC’s document also revises the Local
ability to represent perspectives and ■ 1. The authority citation for part 0 is Television Ownership Rule to eliminate
viewpoints from all relevant revised to read as follows: the Eight-Voices Test and to modify the
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Document Created: 2018-01-06 02:31:55
Document Modified: 2018-01-06 02:31:55
| 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. | |
| Dates | Effective January 8, 2018. | |
| Contact | Carmen Scanlon, Consumer and Governmental Affairs Bureau, at: (202) 418-0544; email: [email protected] | |
| FR Citation | 83 FR 732 |
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