[Federal Register: February 8, 2005 (Volume 70, Number 25)]
[Rules and Regulations]
[Page 6593-6595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe05-9]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 05-28; DA 05-169]
Inquiry Regarding the Impact of Certain Rules on Competition in
the Multichannel Video Programming Distribution Market
AGENCY: Federal Communications Commission.
ACTION: Review of rules and statutory provisions; solicitation of
comments.
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SUMMARY: This document solicits public comment on the impact of certain
provisions of the Communications Act of 1934, as amended, and
Commission rules on competition in the multichannel video programming
distribution market. The Commission is required by legislative mandate
to submit a report to Congress based on the results of this inquiry no
later than September 8, 2005.
DATES: Comments may be filed on or before March 1, 2005, and reply
comments may be filed on or before March 16, 2005.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Marcia Glauberman, Media Bureau,
[[Page 6594]]
(202) 418-7046, TTY (202) 418-7172, or via e-mail at
Marcia.Glauberman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
document in MB Docket No. 05-28, DA 05-169, released January 25, 2005.
The complete text of the document is available for inspection and
copying during normal business hours in the FCC Reference Center, 445
12th Street, SW., Washington, DC 20554, and may also be purchased from
the Commission's copy contractor, BCPI, Inc., Portals II, 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. Customers may contact
BCPI, Inc. via their Web site, http://www.bcpi.com, or call 1-800-378-
3160.
Synopsis
1. On December 8, 2004, the Satellite Home Viewer Extension and
Reauthorization Act of 2004 (SHVERA) was enacted. (The Satellite Home
Viewer Extension and Reauthorization Act, Pub. L. 108-447; 118 Stat.
2809 (2004). SHVERA was enacted as Title IX of the Consolidated
Appropriations Act, 2005.) Section 208 of SHVERA requires the
Commission to conduct an inquiry on the impact of specific provisions
of the Communications Act of 1934, as amended, and Commission rules on
competition in the multichannel video programming distribution (MVPD)
market. The Commission is required to submit a report to Congress on
the results of its inquiry no later than nine months after SHVERA's
enactment (i.e., September 8, 2005).
2. By this document, the Media Bureau (Bureau) initiates the
inquiry required by section 208 and seeks comment for use in
preparation of the required report. Section 208 states:
STUDY OF IMPACT ON CABLE TELEVISION SERVICE
(a) STUDY REQUIRED--No later than 9 months after the date of
enactment of the Satellite Home Viewer Extension and Reauthorization
Act of 2004, the Federal Communications Commission shall complete an
inquiry regarding the impact on competition in the multichannel
video programming distribution market of the current retransmission
consent, network nonduplication, syndicated exclusivity, and sports
blackout rules, including the impact of those rules on the ability
of rural cable operators to compete with the direct broadcast
satellite industry in the provision of digital broadcast television
signals to consumers. Such report shall include such recommendations
for changes in any statutory provisions relating to such rules as
the Commission deems appropriate.
(b) REPORT REQUIRED--The Federal Communications Commission shall
submit a report on the results of the inquiry required by subsection
(a) to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 9 months after the date
of the enactment of this Act. (SHVERA, Pub. L. 108-447 sec. 208, 118
Stat. 2809, 3428-29 (2004).)
The following is a brief explanation of the specific rules the
Commission's study must address.
Retransmission Consent: (47 U.S.C. 325(b); 47 CFR 76.64-
70) In general, cable and direct broadcast satellite (DBS) operators
must obtain retransmission consent from a commercial broadcast
television station in order to carry its signal unless the broadcaster
has elected to be carried pursuant to must-carry status. (47 U.S.C.
325(b); 47 CFR 76.64.) Under retransmission consent, the broadcaster
and cable or DBS operator negotiate an agreement that may involve
compensation in return for permission to retransmit the broadcast
television station.
The Network Program Nonduplication Rules (47 CFR 76.120-
122 and 76.92-95) allow a local commercial television station to
protect its exclusive distribution rights for network programming based
on its affiliate agreement with the network within the geographic zone
specified in the Commission's rules.\1\ In the cable context, the
station may assert these rights against duplicative programming on a
broadcast station carried by a cable operator. In the satellite
context, network nonduplication rights may only be asserted against the
duplicative programming carried on a ``nationally distributed
superstation.'' (47 CFR 76.122, 124. The FCC's definition of
``nationally distributed superstation'' can be found at 47 CFR 76.120.)
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\1\ See 47 CFR 76.92 and 76.93. The Commission's rules provide
stations such protection within a 35-mile geographic zone (or 55
miles in smaller markets), which extends from the reference point of
the community of license of the television station. See 47 CFR
73.658(m), 76.53, and 76.92 Note.
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The Syndicated Program Exclusivity Rules (47 CFR 76.101-
110, 76.120 and 76.123-125) allow a local television broadcast station
or distributor to protect its exclusive distribution rights for
syndicated programming within the geographic zone specified in the
Commission's rules.\2\ In the cable context, the station or distributor
may assert these rights against duplicative programming on a broadcast
station carried by a cable operator. In the satellite context,
syndicated exclusivity rights may only be asserted against the
duplicative programming carried on a nationally distributed
superstation.
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\2\ See 47 CFR 76.101 and 76.103. The Commission's rules provide
such protection within a station's 35-mile geographic zone, which
extends from the reference point of the community of license of the
television station. See 47 CFR 73.658(m), 76.53, and 76.101 Note.
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The Sports Blackout Rules (47 CFR 76.111, 76.120, 76.127-
130) protect a sports team or league's exclusive distribution rights to
a local sporting event (i.e., a sports team). The sports blackout rules
are applied only if a local TV broadcast station is not carrying the
local sporting event. If a local TV broadcast station does not have
permission to carry the local game, then no other broadcaster's signal
displaying the game can be carried by cable or satellite to subscribers
in the protected local blackout zone. (47 CFR 76.128.)
3. In addition to these existing rules, SHVERA also authorizes
satellite carriers to offer distant digital stations and out-of-market
``significantly viewed'' stations to subscribers under certain
circumstances. (See 47 U.S.C. 339 and 340, as amended by Sections 202
and 204 of SHVERA.) Existing statutory provisions permit cable
operators to offer such stations. (17 U.S.C 111 (a), (c), and (f).)
4. The Bureau seeks comments, information and analysis on how these
rules, individually or collectively, affect competition in the MVPD
market. The Bureau also seeks studies that measure the impact of these
rules, either individually or collectively, on competition generally.
The Bureau further requests comment and analysis on the impact of these
rules on the ability of rural cable operators to compete with DBS in
the provision of digital broadcast television signals to consumers. In
addition, the Bureau requests recommendations for statutory changes
regarding these four rules affecting competition in the MVPD market.
Procedural Matters
5. Ex Parte Rules. There are no ex parte or disclosure requirements
applicable to this proceeding pursuant to 47 CFR 1.1204(b)(1).
6. Comment Information. Pursuant to Sec. Sec. 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using: (1) The
Commission's Electronic Comment Filing System (ECFS), (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in
[[Page 6595]]
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers
should follow the instructions provided on the website for submitting
comments.
For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number. 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.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street, SW., Washington DC 20554.
People with Disabilities: Contact the FCC to request
materials in accessible formats (braille, large print, electronic
files, audio format, etc.) by e-mail at FCC504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0531 (voice), 202-
418-7365 (TTY).
Federal Communications Commission.
William H. Johnson,
Deputy Chief, Media Bureau.
[FR Doc. 05-2267 Filed 2-7-05; 8:45 am]
BILLING CODE 6712-01-U