[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Rules and Regulations]
[Pages 3622-3623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1811]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 98-203; FCC 01-306]
RIN 4213


The Ancillary or Supplementary Use of Digital Television Capacity 
by Noncommercial Licensees

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: This document announces the effective date of the Commission's 
amended rules to require that noncommercial educational (``NCE'') 
television licensees provide a nonprofit, noncommercial educational 
service. We hope that this clarifies the manner in which NCE licensees 
may use their excess DTV capacity for remunerative purposes.

DATES: Sections 73.621(i); 73.624(g) introductory text and (g)(2)(ii); 
73.642(a), (b) and (e); and 73.644(a) became effective on December 26, 
2001. Section 73.624(g)(2)(i) is not yet effective. The Commission will 
release a document in the Federal Register announcing the effective 
date of this section.

FOR FURTHER INFORMATION CONTACT: Jane Gross, Policy and Rules Division, 
Mass Media Bureau (202) 418-2130, or [email protected].

SUPPLEMENTARY INFORMATION: 1. On October 17, 2001, the Commission 
released Report & Order (``R&O'') clarifying the manner in which 
noncommercial educational (``NCE'') television licensees may use their 
excess digital television (``DTV'') capacity for remunerative purposes. 
In the Matter of Ancillary or Supplementary Use of Digital Television 
Capacity by Noncommercial Licensees, MM Docket No. 98-203, 66 FR 58973 
(November 26, 2001). Among other things, the Commission amended 
Sec. 73.621 of its rules to apply to the entire digital bitstream, 
including ancillary or supplementary services, thereby requiring NCE 
licensees to use their digital capacity primarily for a noncommercial, 
nonprofit, educational broadcast service. The Commission also amended 
Secs. 73.642 (a), (b), (e) and Sec. 73.644(a) of its rules to clarify 
that NCE licenses may offer subscription services on their excess 
digital capacity. When it amended these rules, the Commission ordered 
that the amended rules would ``be effective the later of

[[Page 3623]]

either thirty days after publication in the Federal Register, or upon 
receipt by Congress of a report in compliance with the Contract with 
America Advancement Act of 1996, Public Law 104-121'' (summary of R&O 
paragraph 49).
    2. Under current General Accounting Office (``GAO'') procedures, 
submission to the GAO or publication in the Federal Register is 
sufficient to satisfy the requirements of the Congressional Review Act 
(formerly known as the Contract with America Advancement Act). The 
amendments to Secs. 73.621, 73.642 and 73.644 of the Commission's rules 
were submitted to the GAO and to Congress on November 26, 2001, the 
same day that they were published in the Federal Register. Thus, 
pursuant to the Administrative Procedure Act, the amended Secs. 73.621, 
73.642 and 73.644 of the Commission's rules will be effective on 
December 26, 2001, thirty days after publication in the Federal 
Register.
    3. Finally, in the same proceeding the Commission amended 
Secs. 73.624(g)(1), (g)(2)(i), and (g)(2)(ii) of its rules to apply to 
NCE licensees the program for assessing and collecting fees upon 
feeable ancillary or supplementary services provided on their DTV 
capacity that it had previously established for commercial licensees, 
as required by the Telecommunications Act of 1996 (``1996 Act''). 
Public Law 104-104, 110 Stat. 56 section 201 (1996), codified at 47 
U.S.C. 336. In addition, NCE licensees will be required to maintain 
documentation sufficient to show, at renewal time and in response to 
any complaint, compliance with the requirement to use their entire 
bitstream primarily for nonprofit, noncommercial, educational broadcast 
services on a weekly basis (summary of R&O paragraph 16). These 
requirements were analyzed with respect to the Paperwork Reduction Act 
of 1995 (PRA) and found to impose new or modified reporting and 
recordkeeping requirements or burdens on the public. Thus, 
implementation of these requirements is subject to approval by the 
Office of Management and Budget as prescribed by the PRA (summary of 
R&O paragraphs 46, 50 and 66). The Commission will publish a notice in 
the Federal Register when this approval is received.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 02-1811 Filed 1-24-02; 8:45 am]
BILLING CODE 6712-01-P