[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Pages 21669-21671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8202]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 76

[FCC 05-81]


Implementation of SHVERA: Procedural Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts procedural rules in 
compliance with requirements in the Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (SHVERA). The Commission first prescribes 
rules for carriage elections on a county basis, unified retransmission 
consent negotiations, and notifications by satellite carriers to local 
broadcasters concerning carriage of significantly viewed signals. The 
Commission also revises the rules for satellite carriers' notices to 
station licensees when the carrier is going to initiate new local 
service. Finally, the Commission adopts a procedural rule which exempts 
satellite carriers from the signal testing requirements of section 
339(c)(4) of the Communications Act of 1934, as amended, when local-
into-local service is available.

DATES: Effective May 27, 2005, except for Sec. Sec.  76.66(d)(2)(i), 
(ii) and 76.66(d)(5) which contain Paperwork Reduction Act requirements 
that are not effective until approved by the Office of Management and 
Budget. The Commission will publish a document in the Federal Register 
announcing the effective date for those sections.

FOR FURTHER INFORMATION CONTACT: Kenneth Lewis, Media Bureau, (202) 
418-2622 or [email protected]. For additional information 
concerning the Paperwork Reduction Act information collection 
requirements contained in this document, contact Cathy Williams at 
(202) 418-2918 or via Internet at [email protected].

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act of 1995 Analysis

    This document contains new information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection requirements contained in this Order as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due May 27, 2005, except for sections 76.66(d)(2) and 
76.66(d)(5) which contain Paperwork Reduction Act requirements that are 
not effective until approved by the Office of Management and Budget. 
The Commission will publish a document in the Federal Register 
announcing the effective date for those sections. In addition, the 
Commission notes that pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we have not 
previously sought specific comment on how the Commission might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees. However, this information collection does 
not affect businesses with fewer than 25 employees. Accordingly, there 
is no impact pursuant to the Small Business Paperwork Relief Act of 
2002.
    This is a synopsis of the Media Bureau's Order in FCC 05-81, 
adopted March 28, 2005, and released on March 30, 2005. The full text 
of this Order is available for inspection and copying during regular 
business hours in the FCC Reference Center, 445 Twelfth Street, SW., 
Room CY-A257, Portals II, 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 of Order

    1. The Commission, in this Order, adopts procedural rules in 
compliance with requirements in the Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (SHVERA).\1\ The SHVERA amends the 1988 
copyright laws (17 U.S.C. 119 and 122) and the Communications Act of 
1934, as amended (Act) to further aid competition in the multichannel 
video programming distribution market and provide more video 
programming options for satellite subscribers. The Order is one of 
several actions the Commission is taking to implement SHVERA. The other 
proceedings will follow according to timeframes set forth in the 
SHVERA, to be undertaken and largely completed in 2005.
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    \1\ The SHVERA was enacted on December 8, 2004, as part of the 
Consolidated Appropriations Act of 2005, Public Law 108-447, section 
202, 118 Stat. 2809 3393 (2004) (to be codified at 47 U.S.C. 340).
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    2. The Order first implements procedural rule revisions required by 
section 340(h) of the Act. Section 202 of the SHVERA requires the 
Commission to add new section 340 of the Act, which provides for 
satellite carriage of ``significantly viewed'' broadcast signals.\2\ 
Accordingly, in February 2005, the Commission adopted a Notice of 
Proposed Rulemaking to implement new section 340 of the Act. This 
decision may be found at 70 FR 11313, March 8, 2005. Section 340(h) 
prescribes rules for carriage elections on a county basis, unified 
retransmission consent negotiations, and notifications by satellite 
carriers to local broadcasters concerning carriage of significantly 
viewed signals.
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    \2\ The Commission, in 1972, adopted the concept of 
``significantly viewed'' signals to differentiate between out-of-
market television stations that ``have sufficient audience to be 
considered local and those that do not.'' The significantly viewed 
concept has applied to the cable industry for more than 30 years, 
and the SHVERA applies those rules to satellite providers. The 
designation is salient because it has enabled cable stations 
assigned to one market to be treated as ``local'' stations with 
respect to a particular cable community in another market.
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    3. Additionally, section 205 of the SHVERA amends section 338(h)(2) 
of the Act to add subsection 338(h) which instructs the Commission to 
amend Sec.  76.66(d)(2) of the Commission's rules concerning satellite 
carrier notification to television broadcast stations in new local-
into-local markets. The Order, as required by the SHVERA, mandates that 
the carrier's notice be sent to each station in a local market in which 
the carrier proposes to commence local-into-local service not later 
than 60 days before the local-into-local service will begin and also 
specifies the information that must be included in the notice and that 
the notice be sent via certified mail to the television station 
licensee's address listed in the Commission's consolidated database. 
The purpose is to ensure that notices clearly indicate to local 
broadcasters the rights and responsibilities that they have under the 
carry-one, carry-all provisions of the Act and Commission regulations.
    4. Finally, section 209 of the SHVERA creates new section 
339(c)(4)(D) of the Act, which requires that the Commission exempt 
satellite carriers from the signal testing requirements of section 
339(c)(4)(A) of the Commission's rules when the request comes from a

[[Page 21670]]

satellite subscriber in a market in which local-into-local service is 
offered. The Order implements this change.
    5. The Commission adopts these rule amendments without providing 
prior public notice and comment because these amendments merely 
implement the provisions of the SHVERA that direct the Commission to 
revise its rules as specified in the legislation. The Commission's 
action involves no discretion. Accordingly, notice and comment would 
serve no purpose and is thus unnecessary, and this action falls within 
the ``good cause'' exception of the Administrative Procedure Act.
    6. The Commission will send a copy of this Order in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    7. Accordingly, it is ordered that pursuant to section 202 of the 
Satellite Home Viewer Extension and Reauthorization Act of 2004, 
codified as section 340(h) of the Communications Act of 1934, as 
amended, 47 U.S.C. 340(h), part 76.66(d)(5) is added as reflected in 
the rule changes portion of this document.
    8. It is further ordered that pursuant to section 205 of the 
Satellite Home Viewer Extension and Reauthorization Act of 2004, 
codified as section 338(h) of the Communications Act of 1934, as 
amended, 47 U.S.C. 338(h), part 76.66(d)(2) is amended as set forth in 
the rule changes portion of this document.
    9. It is further ordered that pursuant to section 209 of the 
Satellite Home Viewer Extension and Reauthorization Act of 2004, 
codified as section 339(c)(4)(D) of the Communications Act of 1934, as 
amended, 47 U.S.C. 339(c)(4)(D), section 73.683(f) is added as set 
forth in the rule changes portion of this document.

List of Subjects

47 CFR Part 73

    Television.

47 CFR Part 76

    Cable television, reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, parts 73 and 76 of Title 47 
of the Code of Federal Regulations is revised to read as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 is revised to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336 and 339.


0
2. Section 73.683 is amended by adding paragraph (f) to read as 
follows:


Sec.  73.683  Field strength contours and presumptive determination of 
field strength at individual locations.

* * * * *
    (f) A satellite carrier is exempt from the verification 
requirements of 47 U.S.C. 339(c)(4)(A) with respect to a test requested 
by a satellite subscriber to whom the retransmission of the signals of 
local broadcast stations is available under 47 U.S.C. 338 from such 
carrier. The definitions of satellite carrier, subscriber, and local 
market contained in 47 CFR 76.66(a) apply to this paragraph (f).

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
3. The authority citation for part 76 is revised to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 503, 521, 
522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, and 573.


0
4. Section 76.1 is amended by adding a sentence to the end of the 
paragraph to read as follows:


Sec.  76.1  Purpose.

    * * * The rules and regulations in this part also describe 
broadcast carriage requirements for cable operators and satellite 
carriers.

0
5. Sections 76.66 is amended by revising paragraphs (d)(2)(i) and 
(d)(2)(ii) and by adding paragraph (d)(5) to read as follows:


Sec.  76.66  New local-into-local service.

* * * * *
    (d) * * *
    (2) * * *
    (i) 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.
    (ii) 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.
* * * * *
    (5) Elections in Markets in which Significantly Viewed Signals are 
Carried.
    (i) 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 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.
    (ii) A television broadcast station located in a market in which a 
satellite carrier provides local-into-local television service may 
elect either retransmission consent or mandatory

[[Page 21671]]

carriage for each county within the station's local market if the 
satellite carrier provided notice to the station, pursuant to paragraph 
(d)(5)(i) of this section, that it intends to carry during the next 
election cycle, or has been carrying on the date notification was due, 
in the station's local market another affiliate of the same network as 
a significantly viewed signal pursuant to Sec.  76.54.
    (iii) A television broadcast station that elects mandatory carriage 
for one or more counties in its market and elects retransmission 
consent for one or more other counties in its market pursuant to 
paragraph (d)(5)(ii) of this section shall conduct a unified 
negotiation for the entire portion of its local market for which 
retransmission consent is elected.
    (iv) A television broadcast station that receives a notification 
from a satellite carrier pursuant to paragraph (d)(5)(i) of this 
section with respect to an upcoming election cycle may choose either 
retransmission consent or mandatory carriage for any portion of the 3-
year election cycle that is not covered by an existing retransmission 
consent agreement.
* * * * *
[FR Doc. 05-8202 Filed 4-26-05; 8:45 am]
BILLING CODE 6712-01-P