[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16625-16627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6905]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection Being Reviewed by the
Federal Communications Commission, Comments Requested
March 16, 2011.
SUMMARY: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection, as required by the Paperwork
Reduction Act (PRA) of 1995, 44 U.S.C. 3501-3520. Comments are
requested concerning: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (b) the accuracy of the Commission's burden estimate; (c) ways
to enhance the quality, utility, and clarity of the information
collected; (d) 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 (e)
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 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 Office of
Management and Budget (OMB) control number.
DATES: Written PRA comments should be submitted on or before May 23,
2011. 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 contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via e-mail
to [email protected] and [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: 47 CFR Section 76.66, Implementation of the Satellite Home
Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues
and Retransmission Consent Issues.
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: 10,280 respondents; 11,938
responses.
Estimated Time per Response: 1 to 5 hours.
Frequency of Response: Third party disclosure requirement; On
occasion reporting requirement, Every three years reporting
requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in Sections 325,
338, 339 and 340 of the Communications Act of 1934, as amended.
Total Annual Burden: 12,146 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: On March 27, 2008 the Commission released a Second
Report and Order, Memorandum Opinion and Order, and Second Further
Notice of Proposed Rulemaking Carriage of Digital Television Broadcast
Signals: Amendment to Part 76 of the Commission's Rules; Implementation
of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast
Signal Carriage Issues and Retransmission Consent Issues, FCC 08-86, CS
Docket 00-96. The Commission amended the rules to require satellite
carriers to carry digital-only stations upon request in markets in
which they are providing any local-into-local service pursuant to the
statutory copyright license, and to require carriage of all high
definition (``HD'') signals in a market in which any station's signals
are carried in HD.
The information collection requirements that have been approved by
the Office of Management and Budget (OMB) and have not changed since
last approved are as follows:
47 CFR Section 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 Section 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
Hawaii. Such
[[Page 16626]]
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 Section 76.66(c)(3) 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 Section 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 Section 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 Section 76.66(c)(2) and 47 CFR Section 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 Section 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 Section 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 Section 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 Section 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 Section 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 Section 76.66(d)(2)(iii) requires a satellite carrier with
more than five million subscribers to provide a notice as required by
47 CFR Section 76.66(d)(2)(i) and 47 CFR Section 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 Section 76.66(b)(2).
47 CFR Section 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 Section 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 Section 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 Section 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 Section 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 Section 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;
[[Page 16627]]
(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 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 Section 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 Section 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 Section 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.
Non-rule requirement: Satellite carriers must immediately commence
carriage of the digital signal of a television station that ceases
analog broadcasting prior to the February 17, 2009 transition deadline
provided that the broadcaster notifies the satellite carrier on or
before October 1, 2008 of the date on which they anticipate termination
of their analog signal.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-6905 Filed 3-23-11; 8:45 am]
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