[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Proposed Rules]
[Pages 24350-24358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9290]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MB Docket No. 05-181; FCC 05-92]


Implementation of Section 210 of the Satellite Home Viewer 
Extension and Reauthorization Act of 2004 To Amend Section 338 of the 
Communications Act

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the Commission proposes rules to implement 
section 210 of the Satellite Home Viewer Extension and Reauthorization 
Act of 2004 (``SHVERA''). The Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (SHVERA) was enacted on December 8, 2004 as 
title IX of the ``Consolidated Appropriations Act, 2005.'' This 
proceeding to implement section 210 of SHVERA is one of a number of 
Commission proceedings that will be required to implement SHVERA.

DATES: Comments for this proceeding are due on or before June 8, 2005; 
reply comments are due on or before June 23, 2005. Written comments on 
the proposed information collection requirements contained in this 
document must be submitted by the public, the Office of Management and 
Budget (OMB), and other interested parties on or before July 8, 2005.

ADDRESSES: You may submit comments, identified by MB Docket No. 05-181, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Eloise Gore, [email protected] of the Media 
Bureau, Policy Division, (202) 418-2120. For additional information 
concerning the Paperwork Reduction Act information collection 
requirements contained in this NPRM, contact Cathy Williams, Federal 
Communications Commission, 445 12th St, SW., Room 1-C823, Washington, 
DC 20554, or via the Internet to [email protected]. If you would 
like to obtain or view a copy of this revised information collection, 
OMB Control Number 3060-0980, you may do so by visiting the FCC PRA Web 
page at: http://www.fcc.gov/omd/pra.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 05-92, adopted on April 29, 2005, 
and released on May 2, 2005. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, Federal Communications Commission, 
445 12th Street, SW., CY-A257, Washington, DC 20554. These documents 
will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). 
(Documents will be available electronically in ASCII, Word 97, and/or 
Adobe Acrobat.) The complete text may be purchased from the 
Commission's copy contractor, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. To request this document in accessible formats

[[Page 24351]]

(computer diskettes, large print, audio recording, and Braille), send 
an e-mail to [email protected] or call the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains proposed information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due July 8, 2005. Comments should address: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimates; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (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. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
seek specific comment on how we might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    OMB Control Number: 3060-0980.
    Title: SHVERA Rules; Implementation of Section 210 of the Satellite 
Home Viewer Extension and Reauthorization Act of 2004 (Broadcast Signal 
Carriage Issues, Retransmission Consent Issues).
    Form No.: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Estimated Number of Respondents: 7,179.
    Estimated Time Per Response: 1-5 hours.
    Frequency of Response: On occasion reporting requirement; every 
three years reporting requirement.
    Estimated Total Annual Burden: 10,196 hours.
    Estimated Total Annual Costs: $30,000.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On April 29, 2005, the Commission adopted a Notice 
of Proposed Rule Making (NPRM), In the Matter of the Implementation of 
Section 210 of the Satellite Home Viewer Extension and Reauthorization 
Act of 2004 to Amend Section 338 of the Communications Act, MB Docket 
No. 05-181, FCC 05-92. The NPRM proposed amendments to 47 CFR 76.66 to 
implement section 210 of the Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (``SHVERA''). Section 210 of the SHVERA 
amends section 338(a) of the Communications Act of 1934, as amended, 
(``Communications Act'' or ``Act''). Section 338 governs the carriage 
of local television broadcast stations by satellite carriers. In 
general, the SHVERA amends this section to require satellite carriers 
to carry both the analog and digital signals of television broadcast 
stations in local markets in noncontiguous States (including Alaska and 
Hawaii), and to provide these signals to substantially all of their 
subscribers in each station's local market by December 8, 2005 for 
analog signals and by June 8, 2007 for digital signals.
    On March 28, 2005, the Commission adopted an Order, FCC 05-81, 
Implementation of the Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (``SHVERA''), Procedural Rules, to 
implement procedural rules as required by the SHVERA. The SHVERA is the 
third statute that addresses satellite carriage of television broadcast 
stations. The 2004 SHVERA gives satellite carriers the additional 
option to carry Commission-determined ``significantly viewed'' out-of-
market signals to subscribers. The SHVERA requires the Commission to 
undertake several proceedings to implement new rules, revise existing 
rules, and conduct studies. The Procedural Rules Order to implement 
sections 202, 205, and 209 of the SHVERA is one of a number of 
Commission proceedings that will be required to implement the SHVERA.

Summary of the Notice of Proposed Rulemaking

I. Introduction

    1. In this Notice of Proposed Rulemaking, NPRM, we propose rules to 
implement section 210 of the Satellite Home Viewer Extension and 
Reauthorization Act of 2004 (``SHVERA''). The Satellite Home Viewer 
Extension and Reauthorization Act of 2004 (SHVERA), Pub. L. 108-447, 
section 210, 118 Stat 2809 (2004). SHVERA was enacted on December 8, 
2004, as title IX of the ``Consolidated Appropriations Act, 2005.'' 
This proceeding to implement section 210 of SHVERA is one of a number 
of Commission proceedings that will be required to implement SHVERA. 
The other proceedings will be undertaken and largely completely in 
2005; see section 202 of the SHVERA (entitled ``Significantly Viewed 
Signals Permitted To Be Carried''), SHVERA NPRM, MB Docket No. 05-49, 
FCC 05-24, 2005 WL 289026 (rel. Feb. 7, 2005); sections 202, 204, 205, 
207, 208, 209 and 210 of the SHVERA; see also Public Notice, ``Media 
Bureau Seeks Comment for Inquiry Required by the SHVERA on Rules 
Affecting Competition in the Television Marketplace,'' MB Docket No. 
05-28, DA 05-169 (rel. Jan. 25, 2005) (Public Notice regarding Inquiry 
required by section 208 of the SHVERA concerning the impact of certain 
rules and statutory provisions on competition in the television 
marketplace); Implementation of Section 207 of the Satellite Home 
Viewer Extension and Reauthorization Act of 2004, Reciprocal Bargaining 
Obligations, MB Docket No. 05-89, FCC 05-49 (rel. Mar. 7. 2005); and 
Procedural Rules, FCC 05-81 (rel. March 30, 2005) (Order implementing 
rule revisions required by sections 202, 205, and 209). Section 210 of 
the SHVERA amends section 338(a) of the Communications Act of 1934, as 
amended, (``Communications Act'' or ``Act''). Section 338 governs the 
carriage of local television broadcast stations by satellite carriers; 
see 47 U.S.C. 338. In general, the SHVERA amends this section to 
require satellite carriers to carry both the analog and digital signals 
of television broadcast stations in local markets in noncontiguous 
states, including Alaska and Hawaii, and to provide these signals to 
substantially all of their subscribers in each station's local market 
by December 8, 2005 for analog signals and by June 8, 2007 for digital 
signals; see 47 U.S.C. 338(a)(4) (as amended by section 210 of the 
SHVERA).

II. Background

A. Satellite Home Viewer Act (SHVA) and Satellite Home Viewer 
Improvement Act of 1999 (SHVIA)

    2. In 1988, Congress passed the Satellite Home Viewer Act 
(``SHVA''), which established a statutory copyright license for 
satellite carriers to offer subscribers access to broadcast programming 
via satellite when they are unable to receive the signal of a broadcast 
station over the air (that is, an ``unserved'' household). The 
Satellite Home Viewer Act of 1988, Pub. L. 100-667, 102 Stat. 3935, 
Title II (1988)

[[Page 24352]]

(codified at 17 U.S.C. 111, 119). SHVA was enacted on November 16, 
1988, as an amendment to the copyright laws. SHVA gave satellite 
carriers a statutory license to offer signals to ``unserved'' 
households. 17 U.S.C. 119(a). In 1999, Congress enacted the Satellite 
Home Viewer Improvement Act (``SHVIA''), which expanded on the 1988 
SHVA by amending both the 1988 copyright laws, and the Communications 
Act to permit satellite carriers to retransmit local broadcast 
television signals directly to subscribers in the station's local 
market (``local-into-local'' service) without requiring that they be in 
``unserved'' households; see 17 U.S.C. 119 and 122, 47 U.S.C. 325, 338 
and 339. The Satellite Home Viewer Improvement Act of 1999, Pub. L. 
106-113, 113 Stat. 1501 (1999) (codified in scattered sections of 17 
and 47 U.S.C.). SHVIA was enacted on November 29, 1999, as Title I of 
the Intellectual Property and Communications Omnibus Reform Act of 1999 
(``IPACORA'') (relating to copyright licensing and carriage of 
broadcast signals by satellite carriers). The SHVIA created the 
copyright license to provide local signals to subscribers regardless of 
whether they were ``unserved;'' see 17 U.S.C. 122.
    3. A satellite carrier provides ``local-into-local'' service when 
it retransmits a local television station's signal back into the local 
market of the television station for reception by subscribers. If a 
carrier carries one or more stations in the market pursuant to the 
statutory copyright license, it is required to carry all of the other 
local stations in the local market, upon the station's request (that 
is, the ``carry-one, carry-all'' requirement); see 47 U.S.C. 338(a)(1). 
Generally, a television station's ``local market'' is the designated 
market area (``DMA'') in which it is located. Section 340(i)(1) (as 
amended by section 202 of the SHVERA), defines the term ``local 
market'' by using the definition in 17 U.S.C. 122(j)(2): ``The term 
`local market,' in the case of both commercial and noncommercial 
television broadcast stations, means the designated market area in 
which a station is located, and--(i) in the case of a commercial 
television broadcast station, all commercial television broadcast 
stations licensed to a community within the same designated market area 
are within the same local market; and (ii) in the case of a 
noncommercial educational television broadcast station, the market 
includes any station that is licensed to a community within the same 
designated market area as the noncommercial educational television 
broadcast station.'' DMAs describe each television market in terms of a 
unique geographic area, and are established by Nielsen Media Research 
based on measured viewing patterns; see 17 U.S.C. 122(j)(2)(A)-(C). 
There are 210 DMAs that encompass all counties in the 50 United States, 
except for certain areas in Alaska. Alaska has three DMAs situated 
around major population centers, but most of the State, which is 
sparsely populated, is not included in DMAs. A satellite carrier 
choosing to provide such local-into-local service is generally 
obligated to carry any qualified local station in a particular DMA that 
has made a timely election for mandatory carriage, unless the station's 
programming is duplicative of the programming of another station 
carried by the carrier in the DMA, or the station does not provide a 
good quality signal to the carrier's local receive facility; see 47 
U.S.C. 338(a)(1), (b)(1) and (c)(1).

B. Satellite Home Viewer Extension and Reauthorization Act of 2004 
(SHVERA)

    4. In December 2004, Congress passed and the President signed the 
Satellite Home Viewer Extension and Reauthorization Act of 2004. SHVERA 
again amends the 1988 copyright laws and the Communications Act to 
further aid the competitiveness of satellite carriers and expand 
program offerings for satellite subscribers; see 47 U.S.C. 325, 338, 
339 and 340. Section 102 of SHVERA creates a new 17 U.S.C. 119(a)(3) to 
provide satellite carriers with a statutory copyright license to offer 
``significantly viewed'' signals as part of their local service to 
subscribers. This rulemaking is required to implement provisions in 
section 210 of the SHVERA concerning satellite carriage of local 
stations in the noncontiguous states, including Alaska and Hawaii; see 
47 U.S.C. 338(a)(4).

III. Discussion

    5. Section 210 of the SHVERA amends section 338(a) of the 
Communications Act to require satellite carriers with more than five 
million subscribers in the United States to carry the analog and 
digital signals of each television broadcast station licensed in local 
markets ``within a State that is not part of the contiguous United 
States.'' Analog signals are required to be carried by December 8, 
2005, and digital signals by June 8, 2007. A carrier is required to 
provide these signals to substantially all of its subscribers in each 
station's local market. In addition, a satellite carrier is required to 
make available the stations that it carries in at least one local 
market to substantially all of its subscribers located outside of local 
markets and in the same State. The SHVERA also mandates that satellite 
carriers may not charge subscribers for these local signals more than 
they charge subscribers in other States to receive local market 
television stations. Although most of the requirements imposed by the 
new section 338(a)(4) are self-effectuating, the SHVERA requires the 
Commission to promulgate regulations concerning the timing of carriage 
elections by stations in local markets in the noncontiguous states; see 
47 U.S.C. 338(a)(4) (as amended by the SHVERA), which provides: (4) 
CARRIAGE OF SIGNALS OF LOCAL STATIONS IN CERTAIN MARKETS-A satellite 
carrier that offers multichannel video programming distribution service 
in the United States to more than 5,000,000 subscribers shall (A) 
within 1 year after the date of the enactment of the Satellite Home 
Viewer Extension and Reauthorization Act of 2004, retransmit the 
signals originating as analog signals of each television broadcast 
station located in any local market within a State that is not part of 
the contiguous United States, and (B) within 30 months after such date 
of enactment retransmit the signals originating as digital signals of 
each such station. The retransmissions of such stations shall be made 
available to substantially all of the satellite carrier's subscribers 
in each station's local market, and the retransmissions of the stations 
in at least one market in the State shall be made available to 
substantially all of the satellite carrier's subscribers in areas of 
the State that are not within a designated market area. The cost to 
subscribers of such retransmissions shall not exceed the cost of 
retransmissions of local television stations in other States. Within 1 
year after the date of enactment of that Act, the Commission shall 
promulgate regulations concerning elections by television stations in 
such State between mandatory carriage pursuant to this section and 
retransmission consent pursuant to section 325(b), which shall take 
into account the schedule on which local television stations are made 
available to viewers in such State. As required by the SHVERA, we open 
this rulemaking proceeding and seek comments on implementation of the 
SHVERA's amendments to section 338(a) of the Act, on rule proposals in 
this NPRM, and tentative conclusions regarding these rules. The 
proposed rules are in the Appendix to this NPRM. These amendments apply 
only to satellite service in the noncontiguous states. The existing 
signal carriage provisions in section 76.66 also continue to apply to 
satellite service in

[[Page 24353]]

the noncontiguous states, where relevant and not inconsistent with the 
rules proposed in this proceeding; see 47 CFR 76.66.

A. Satellite Carriers With More Than 5,000,000 Subscribers

    6. The SHVERA adds subsection 338(a)(4) to the Act, which applies 
to a ``satellite carrier that offers multichannel video programming 
distribution service in the United States to more than 5,000,000 
subscribers;'' see 47 U.S.C. 338(a)(4). We include this limitation in 
the proposed new section 76.66(b)(2). This provision applies to 
satellite carriers that have more than five million subscribers in 2005 
and, in the future, to any carriers with more than five million 
subscribers. Currently, DirecTV and EchoStar qualify under this 
definition. We seek comments regarding the proposed rule.

B. Noncontiguous States

    7. Section 210 of SHVERA applies to ``a State that is not part of 
the contiguous United States;'' see 47 U.S.C. 338(a)(4). In the 
Communications Act, the definition of ``State'' includes ``the 
Territories and possessions;'' see 47 U.S.C. 153(40). We seek comment 
on whether ``State'' as used in the SHVERA includes the noncontiguous 
territories and possessions of the United States, including but not 
limited to Puerto Rico and Guam and whether considerations such as a 
satellite provider's regulatory authorizations and/or actual service 
area are relevant to interpreting the obligation under section 
338(a)(4) to serve ``noncontiguous states.'' We note that territories 
in the Pacific, such as Guam, are in a different International 
Telecommunication Union (``ITU'') region. The contiguous United States, 
Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands are located in 
ITU Region 2 and have orbital assignments in the Region 2 BSS Plan. 
Guam, the Northern Marianas, Wake Island and Palmyra Island are located 
in ITU Region 3 and have orbital assignments in the Region 3 BSS plan 
at 122.0[deg] E.L., 121.80[deg] E.L., 140.0[deg] E.L. and 170.0[deg] 
E.L. respectively. We seek comment on the impact of regulatory 
differences (e.g., use of different frequency bands) between ITU 
regions in providing service to these locations. Spot beam technology 
may allow coverage of widely spaced areas if visible from the satellite 
location. Many areas are not visible to all satellites. For example, 
Guam is below the horizon for United States allocations east of 
148[deg] W.L. Previously the Commission recognized that contiguous 
United States (``CONUS'') antenna beams modified to include Puerto Rico 
and the U.S. Virgin Islands could divert power from other regions and 
potentially adversely affect the services of other countries. We seek 
comment on satellite carriers' current capability to serve these areas 
using current or planned technology.

C. Analog and Digital Signals

    8. The SHVERA requirements for satellite carriage to the 
noncontiguous states differ significantly from the existing satellite 
broadcast carriage requirements, both in scope and timing. Currently, 
under the Communications Act and Commission rules implementing the Act, 
satellite carriers choose whether to rely on the statutory copyright 
license in section 122 of title 17 to offer ``local-into-local 
service,'' which in turn triggers the carry-one, carry-all obligation; 
see 47 U.S.C. 338(a)(1) and 47 CFR 76.66(b), Implementation of the 
Satellite Home Viewer Improvement Act of 1999, 16 FCC Rcd 1918 (2000) 
16 FCC Rcd 16544 (2001) (``DBS Must Carry Reconsideration Order''). The 
U.S. Court of Appeals for the Fourth Circuit upheld the constitutional 
validity of SHVIA and the reasonableness of the Commission's rules 
promulgated thereunder; see Satellite Broadcasting and Communications 
Ass'n v. FCC, 275 F.3d 337 (2001), cert. denied, 536 U.S. 922 (2002). 
The Communications Act, moreover, prohibits a multichannel video 
programming distributor from retransmitting the signal of a broadcast 
station unless it has ``the express authority'' of the station. 47 
U.S.C. 325(b)(1)(A), 17 U.S.C. 122(a) (as amended by section 1002 of 
the SHVIA) and 47 U.S.C. 338(a)(1) (as amended by section 1008 of the 
SHVIA). Satellite carriers are not currently required to offer local-
into-local service in all markets. The question of satellite carriage 
obligations concerning a station's digital signal is currently pending 
before the Commission.
    9. The new SHVERA provision for noncontiguous states supersedes 
carry-one, carry-all and the pending digital carriage rulemaking 
proceeding by mandating dual analog and digital carriage in the 
noncontiguous states. A satellite carrier with more than five million 
subscribers is required by the SHVERA to retransmit the analog signals 
of each television station in local markets in the noncontiguous states 
to subscribers in those local markets by December 8, 2005 (one year 
after enactment of the SHVERA). The SHVERA expands this requirement to 
include the digital signals of each station no later than June 8, 2007 
(30 months after enactment of SHVERA). If any or all of the local 
stations in the noncontiguous states are still broadcasting analog 
signals as well as digital signals, as of June 8, 2007, the SHVERA 
requirement mandates dual must carry. The Communciations Act provides 
for termination of analog signal licenses as of December 31, 2006, 
unless local stations request an extension and demonstrate that one or 
more criteria exist in their markets; see 47 U.S.C. 309(j)(14) 
(criteria include the so-called ``85% test''). Section 210 of the 
SHVERA, which adds the carriage obligations for stations in 
noncontiguous states (section 338(a)(4)), requires carriage of 
``signals originating as analog signals'' and ``signals originating as 
digital signals'' with no mention of a term such as ``primary video,'' 
the term used in the cable mandatory carriage provisions. 47 U.S.C. 
534(b)(3) and 535(g). The Commission recently concluded that the 
statutory term relating to cable mandatory carriage, ``primary video,'' 
was ambiguous with respect to whether it requires cable operators to 
carry broadcasters' multicast signals. Faced with an ambiguous statute, 
the Commission did not require mandatory carriage of multicast signals 
by cable systems. The SHVERA provision before us contains no such 
ambiguity. Moreover, we note that section 210 uses the plural term 
``signals,'' requiring satellite carriers to retransmit the signals 
originating as digital signals of each such station; see 47 U.S.C. 
338(a)(4). In sum, this SHVERA amendment to section 338 does not 
contain any limitation on the nature of the broadcast signal that 
satellite operators must carry in the non-contiguous states. We 
believe, therefore, that the amendment requires that satellite carriers 
carry all multicast signals of each station in noncontiguous states and 
carry the high definition digital signals of stations in noncontiguous 
states in high definition format. We note that satellite carriage of 
high definition local signals is also under review in the ongoing 
broadcast carriage rulemaking docket in the context of applying the 
statutory prohibition on material degradation. We seek comment on these 
interpretations, and any alternative construction of the SHVERA as the 
statute relates to the carriage of multicast and/or high definition 
signals; see MB Docket Nos. 98-120 and 00-96, WHDT v. Echostar, 18 FCC 
Rcd 396 (MB 2003) (``WHDT Order'').

D. Carriage Election by Stations

    10. Section 210 of the SHVERA expressly requires only that the 
Commission promulgate regulations

[[Page 24354]]

concerning the timing of the carriage elections related to the new 
carriage provisions in the noncontiguous states. Section 210 of the 
SHVERA also refers to the ``cost to subscribers of such transmissions'' 
but does not require rules for implementation. The Commission does not 
regulate rates, costs or prices for satellite service to subscribers. 
In this proceeding we propose regulations to implement the timing 
required by the carriage requirements in the noncontiguous states, and 
we will otherwise apply the rules pertaining to satellite carriage as 
they were adopted to implement section 338 pursuant to the SHVIA; see 
47 U.S.C. 338(a)(1), (b)(1), and (c), 47 CFR 76.66(g) and (h). 
Therefore, carriage is mandated in the noncontiguous states for the 
above dates in 2005 and 2007 when requested by a television station; 
see proposed rule section 76.66(b)(2). The carriage procedures for 
stations in the noncontiguous states shall follow the existing 
requirements, except with respect to the carriage election process, as 
proposed here; see proposed rule section 76.66(c)(6). Non-commercial 
television stations do not elect carriage because they cannot elect 
retransmission consent; see 47 U.S.C. 325(b)(2)(A). They are entitled 
to mandatory carriage; see 47 U.S.C. 338, proposed rule section 
76.66(c)(6). They are entitled to mandatory carriage; see 47 U.S.C. 
338. We invite comment on these interpretations and proposals.
    11. The analog signal carriage requirement mandated by the SHVERA 
for satellite carriers serving noncontiguous states commences several 
weeks before the carriage cycle that applies to satellite carriers and 
broadcast stations in the contiguous states, which commences January 1, 
2006, and continues until December 31, 2008; see 47 CFR 76.66(c). The 
carriage election process enables stations to choose between carriage 
pursuant to retransmission consent or mandatory carriage. 
Retransmission consent is based on an agreement between a broadcast 
station and satellite carrier, and includes a station's authorization 
and terms for allowing its broadcast signal to be carried; see 47 
U.S.C. 325(b). Broadcast stations and satellite carriers are required 
to negotiate retransmission consent agreements in good faith; see 47 
U.S.C. 338(b)(3)(c). If a station elects must-carry status, it is, in 
general, entitled to insist without other terms that the satellite 
carrier carry its signal in its local market; see 47 U.S.C. 338(a), 47 
CFR 76.66(c).
    12. To implement the carriage election timing requirements in 
section 210 of the SHVERA, we propose to track the existing regulations 
as closely as possible so that carriage elections in the noncontiguous 
states will be synchronized with carriage elections in the contiguous 
states quickly and smoothly. This synchronization is intended to make 
the process simple and certain for both the local stations and the 
satellite carriers. The first satellite carriage cycle (pursuant to the 
SHVIA) will end on December 31, 2005. The carriage election deadline 
for the second cycle is October 1, 2005, for carriage beginning January 
1, 2006; see 47 CFR 76.66(c)(4). Because the analog carriage 
requirement in the noncontiguous states is effective only 24 days 
earlier, December 8, 2005, we propose to keep the same election 
deadline of October 1, 2005. Thus, television broadcast stations in a 
local market in the noncontiguous states would be required to make a 
retransmission consent-mandatory carriage (must carry) election by 
October 1, 2005, which is the same deadline as for local stations in 
local-into-local markets in the contiguous states; see proposed section 
76.66(c)(6). Carriage pursuant to a mandatory carriage election in the 
contiguous states will begin on January 1, 2006, and carriage under our 
proposed rules for noncontiguous states would begin by December 8, 
2005; see 47 CFR 76.66(c)(2).
    13. With respect to carriage of the digital signals of stations in 
a noncontiguous state, we propose that the retransmission consent-must 
carry election by a television station in a local market in the 
noncontiguous states should be a two-step process with one election 
that applies to the analog signal carriage, which commences December 8, 
2005, and a second carriage election that would govern carriage of the 
digital signal; see proposed rule section 76.66(c)(6). Carriage of 
signals originating as digital must commence by June, 8, 2007, but may 
begin pursuant to retransmission consent at any time. The deadline for 
the second carriage election, for digital carriage, would be April 1, 
2007, two months before carriage must commence. Alternatively, the 
station's election by October 1, 2005, for its analog signal, could 
also apply to its digital signal, for which mandatory carriage will 
commence by June 8, 2007. We seek comment on our proposed two-step 
approach and on the alternative of a single election. Two separate 
elections would be consistent with the Commission's Cable Must Carry 
decision in 2001 which permits stations broadcasting both analog and 
digital signals to elect must carry for their analog signal and 
retransmission consent for their digital signal. We believe that, 
regardless of whether the carriage election is two-step or one-step, 
stations in the noncontiguous states should be permitted to elect must 
carry for their analog signals and negotiate for carriage of the 
digital signals via retransmission consent before the mandatory digital 
signal carriage takes effect. That is, until the digital carriage 
rights for local stations in the noncontiguous states take effect as of 
June 8, 2007, stations should be permitted to separately negotiate for 
voluntary carriage of their digital signals even if they elect 
mandatory carriage for their analog signals; see proposed section 
76.66(c)(6). We seek comment on these proposals.
    14. After the initial carriage cycle in the noncontiguous states, 
the election cycle provided in section 76.66(c) will apply in the 
future; see proposed section 76.66(c)(6). For example, the next 
election after the upcoming 2005 election is required by October 1, 
2008, for carriage beginning January 1, 2009; see 47 CFR 76.66(c)(2) 
and (4). The election made by a station in 2008 would apply uniformly 
to both its analog and digital signals, if both signals are continuing 
to be broadcast.
    15. A new television station in a noncontiguous state will have a 
right to mandatory carriage for its analog signal if it begins service 
after December 8, 2005, and for its digital signal if it begins service 
after June 8, 2007. New stations should follow section 76.66(d)(3) of 
the Commission's rules to notify the satellite carrier and elect 
carriage; see 47 CFR 76.66(d)(3). We seek comments on our proposed 
rules governing the carriage election process.

E. Availability of Signals

    16. The SHVERA provides that in the noncontiguous states, satellite 
retransmissions of local stations ``shall be made available to 
substantially all of the satellite carrier's subscribers in each 
station's local market;'' see 47 U.S.C. 338(a)(4). The SHVERA does not 
define what is meant by ``substantially all'' subscribers. This wording 
is consistent with the physical limitations of some satellite 
technology that may not be able to reach all parts of a state or a DMA, 
particularly where a spot beam is used to provide local stations. We 
believe that this provision recognizes the existing physical 
limitations on satellite service particularly in these noncontiguous 
states. With respect to DBS service to Alaska, for example, the 
Commission has stated that although reliable service usually requires a 
minimum elevation angle of ten degrees

[[Page 24355]]

or more, service to Alaska is often offered at elevation angles as low 
as five degrees. The Commission defined elevation angle ``as the upward 
tilt of an earth station antenna measured in degrees relative to the 
horizontal plane (ground), that is required to aim the earth station 
antenna at the satellite. When aimed at the horizon, the elevation 
angle is zero. If the satellite were below the horizon, the elevation 
angle would be less than zero. If the earth station antenna were tilted 
to a point directly overhead, it would have an elevation angle of 
90[deg];'' see 47 U.S.C. 338(a)(4). In addition, the Commission 
determined that in some areas of Alaska, from some orbit locations, the 
elevation angle was less than five degrees, or even below the horizon, 
thereby making service to those areas impossible. For example, the 
elevation angle for Attu Island, Alaska is less than zero or below the 
horizon for the 61.5[deg], 101[deg], and 110[deg] orbit locations and 
only 4 for the 119[deg] location. We note, however, that satellite 
carriers must abide by the geographic service rules that require 
service where technically feasible. We welcome comment on the meaning 
of ``substantially all of the carrier's subscribers in each station's 
market.''
    17. We do not believe it is necessary to adopt new rules to 
implement this provision. This provision is similar to the Commission 
interpretation adopted in the implementation of the SHVIA, that 
satellite carriers that offer local-into-local service are not required 
to provide service to every subscriber in a DMA. We seek comment on 
whether it is necessary to adopt a rule on this point, and, if so, what 
it should provide.

F. Areas Outside Local Markets

    18. The SHVERA also addresses the anomalous situation in Alaska, 
the only one of the fifty states that has areas that are not included 
within any DMA. The eight major islands of Hawaii are currently 
included within the Honolulu DMA. If the reference to ``noncontiguous 
States'' is read to include territories and possessions, none of them 
are in DMAs and would be subject to the special treatment described in 
section 210. The statute requires a satellite carrier in Alaska to make 
available the signals of all the local television stations that it 
carries in at least one local market to substantially all of its 
subscribers in areas outside of local markets who are in the same 
State; see 47 U.S.C. 338(a)(4). In Alaska, there are three DMAs 
covering the main population centers, but most of the State, which is 
sparsely populated, is not included in a DMA. Thus, a satellite carrier 
in Alaska would be required to provide the television stations that it 
carries in at least one of the three DMAs, in which carriage of local 
stations is required by section 210 of the SHVERA, to areas of the 
State not included in DMAs. We believe that the statute speaks for 
itself and that no special rule is required to implement this statutory 
requirement. We seek comment on this conclusion.

G. Notification by Satellite Carrier

    19. Section 210 of the SHVERA does not expressly require revisions 
to the existing notification procedures in connection with the new 
carriage requirements in the noncontiguous states. However, to ensure 
that the purpose of section 210 is achieved, we seek comment on whether 
to require satellite carriers with more than 5 million subscribers to 
notify all television broadcast stations located in local markets in 
the noncontiguous states that they are entitled to carriage of their 
analog signals as of December 8, 2005, and of their digital signals as 
of June 8, 2007, and that they must elect mandatory carriage or 
retransmission consent by October 1, 2005 and April 1, 2007, 
respectively, to be assured of carriage, as provided in sections 
76.66(b)(2) and (c)(6). If required, this notification to the stations 
should include a statement advising them of the opportunity to have 
their analog and digital signals made available by the carrier to the 
carrier's subscribers in the local market of each station. If adopted, 
this notification would be required by September 1, 2005, with respect 
to analog signal carriage election, and by March 1, 2007, with respect 
to the carriage election for digital signals; see proposed section 
76.66(d)(2)(iii). A new satellite carrier that meets this definition 
after 2005 would be required to comply with section 76.66(d)(2) of the 
Commission's rules regarding ``new local-into-local service'' (imposes 
requirements when a new satellite carrier intends to retransmit a local 
television station back into its local market); see 47 CFR 76.66(d)(2). 
We seek comment on the need for this notification. We also request 
comment on whether such notice should be required only for stations in 
Alaska and Hawaii or also for television broadcast stations in all 
noncontiguous territories and possessions. We also seek comment on the 
need for a second notification 30 days prior to the second carriage 
election deadline, which is proposed for April 1, 2007 for carriage of 
digital signals. If, alternatively, the October 1, 2005 carriage 
election applies to both the analog and digital signals of local 
stations in the noncontiguous states, we propose that a second 
notification would not be required prior to the commencement of 
carriage of digital signals in June of 2007. We seek comment on these 
proposals.

IV. Procedural Matters

A. Initial Regulatory Flexibility Certification

    20. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that an initial regulatory flexibility analysis be prepared 
for notice-and-comment rule making proceedings, unless the agency 
certifies that ``the rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities;'' see 5 
U.S.C. 605(b), 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857 (1996). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction;'' see 5 U.S.C. 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act; see 5 U.S.C. 601(3). A ``small 
business concern'' is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA); see 15 U.S.C. 632.
    21. As described in this NPRM, we propose to amend section 76.66 of 
the Commission's rules as required by section 210 of the SHVERA. We 
expect these rule amendments, if adopted, will not have a significant 
economic impact on a substantial number of small entities. The proposed 
rules contained in this NPRM, as required by statute, are intended to 
allow for local television stations to elect carriage pursuant to 
retransmission consent or mandatory carriage with respect to satellite 
carriers with more than 5 million subscribers in a non-contiguous 
state. ``Satellite carriers,'' including Direct Broadcast Satellite 
(DBS) carriers, will be directly and primarily affected by the proposed 
rules, if adopted.
    22. The satellite carriers covered by these proposed rules fall 
within the SBA-recognized small business size standard of Cable and 
Other Program Distribution; see 13 CFR 121.201. This size standard 
provides that a small entity is one with $12.5 million or less in 
annual receipts; see 13 CFR 121.201. The two satellite carriers that 
are subject

[[Page 24356]]

to these proposed rule amendments because they currently have more than 
five million subscribers, DirecTV (DirecTV is the largest DBS operator 
and the second largest MVPD, serving an estimated 13.04 million 
subscribers nationwide) and EchoStar (EchoStar, which provides service 
under the brand name Dish Network, is the second largest DBS operator 
and the fourth largest MVPD, serving an estimated 10.12 million 
subscribers nationwide), report annual revenues that are in excess of 
the threshold for a small business. We anticipate that any satellite 
carrier that, in the future, has more than five million subscribers 
would necessarily have more than $12.5 million in annual receipts. 
Thus, the entities directly affected by the proposed rules are not 
small entities.
    23. We also note that, in addition to satellite carriers, 
television broadcast stations are indirectly affected by the proposed 
rule in that they potentially benefit from the satellite carriage 
required by the rule and must elect between mandatory carriage and 
retransmission consent. This carriage election, however, follows the 
existing Commission rules. These existing rules currently permit 
stations in the noncontiguous states to elect carriage if and when a 
satellite carrier offers local-into-local service in their market. The 
proposed rules would affect these election rights by merely providing a 
date certain for carriage in these specified markets, which would not 
have a significant economic impact.
    24. Therefore, we certify that the proposed rules, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities. The Commission will send a copy of this Notice of Proposed 
Rulemaking, including a copy of this Initial Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the SBA; see 5 
U.S.C. 605(b). This initial certification will also be published in the 
Federal Register; see 5 U.S.C. 605(b).

B. Initial Paperwork Reduction Act of 1995 Analysis

    25. This NPRM has been analyzed with respect to the Paperwork 
Reduction Act of 1995 (``PRA''), and contains proposed information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the proposed 
information collection requirements contained in this NPRM, as required 
by the PRA.
    26. Written comments on the PRA proposed information collection 
requirements must be submitted by the public, the Office of Management 
and Budget (OMB), and other interested parties on or before July 8, 
2005. Comments should address: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (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. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
we seek specific comment on how we might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees;'' Pub. L. 107-198, see 44 U.S.C. 3506(c)(4).
    27. In addition to filing comments with the Office of the 
Secretary, a copy of any comments on the proposed information 
collection requirements contained herein should be submitted to Cathy 
Williams, Federal Communications Commission, 445 12th St, SW., Room 1-
C823, Washington, DC 20554, or via the Internet to 
[email protected]; and also to Kristy L. LaLonde, OMB Desk 
Officer, Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503, 
or via Internet to [email protected], or via fax at (202) 
395-5167.
    28. Further Information. For additional information concerning the 
PRA proposed information collection requirements contained in this 
NPRM, contact Cathy Williams at (202) 418-2918, or via the Internet to 
[email protected]. If you would like to obtain or view a copy of 
this revised information collection, OMB Control Number 3060-0980, you 
may do so by visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra.

C. Ex Parte Rules

    29. Permit-but-Disclose. This proceeding will be treated as a 
``permit-but-disclose'' proceeding subject to the ``permit-but-
disclose'' requirements under section 1.1206(b) of the Commission's 
rules; see 47 CFR 1.1206(b); 47 CFR 1.1202, 1.1203. Ex parte 
presentations are permissible if disclosed in accordance with 
Commission rules, except during the Sunshine Agenda period when 
presentations, ex parte or otherwise, are generally prohibited. Persons 
making oral ex parte presentations are reminded that a memorandum 
summarizing a presentation must contain a summary of the substance of 
the presentation and not merely a listing of the subjects discussed. 
More than a one-or two-sentence description of the views and arguments 
presented is generally required; see 47 CFR 1.1206(b)(2). Additional 
rules pertaining to oral and written presentations are set forth in 
section 1.1206(b).

D. Filing Requirements

    30. Comments and Replies. The SHVERA requires the Commission to 
complete action within one year of enactment (December 8, 2004) to take 
account of carriage elections in light of the schedule for carriage as 
required in the noncontiguous states; see 47 U.S.C. 338(a)(4). The 
carriage election deadline is October 1, 2005 for the next carriage 
cycle. If the Commission waited until December 8, 2005, to implement 
this provision, it would be too late for stations to elect between must 
carry and retransmission consent for the carriage to commence on 
December 8, 2005. In addition, the Commission is proposing to require 
satellite carriers to provide notice to local stations in the 
noncontiguous states concerning the new carriage requirements one month 
prior to the carriage election deadline. Thus, the proposed 
notification requirement, if adopted, must be in effect by September 1, 
2005, 30 days prior to the carriage election deadline of October 1, 
2005, with respect to carriage of the analog signals required to 
commence by December 8, 2005. Consequently, the pleading cycle for 
comments and replies must be compressed and expedited. Pursuant to 
sections 1.415 and 1.419 of the Commission's rules, interested parties 
may file comments on or before June 6, 2005, and reply comments on or 
before June 20, 2005; see 47 CFR 1.415, 1419. 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 13 FCC Rcd 11322 (1998).
    31. 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 Web site for submitting 
comments. For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must

[[Page 24357]]

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 
[email protected], and include the following words in the body of the 
message, ``get form.'' A sample form and directions will be sent in 
response.
    32. 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.
    33. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street, SW., CY-A257, Washington, 
DC 20554. These documents will also be available via ECFS. Documents 
will be available electronically in ASCII, Word 97, and/or Adobe 
Acrobat.
    34. Accessibility Information. To request information in accessible 
formats (computer diskettes, large print, audio recording, and 
Braille), send an e-mail to [email protected] or call the FCC's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY). This document can also be downloaded in Word and Portable 
Document Format (PDF) at: http://www.fcc.gov.
    35. Additional Information. For additional information on this 
proceeding, contact Eloise Gore, [email protected], or Jim Keats, 
[email protected], of the Media Bureau, Policy Division, (202) 418-
2120.

V. Ordering Clauses

    36. Accordingly, it is ordered that pursuant to section 210 of the 
Satellite Home Viewer Extension and Reauthorization Act of 2004, and 
sections 1, 4(i) and (j), and 338(a)(4) of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i) and (j), and 338(a)(4), notice 
is hereby given of the proposals and tentative conclusions described in 
this Notice of Proposed Rulemaking.
    37. It is further ordered that the Consumer and Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
Notice of Proposed Rulemaking, including the Initial Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

List of Subjects in 47 CFR Part 76

    Cable television, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 76 as follows:

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

    1. The authority citation for 47 CFR part 76 continues to read as 
follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302a, 307, 308, 
309, 312, 317, 325, 338, 339, 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.

    2. Section 76.66 is amended by revising paragraphs (b)(2) and 
(c)(4), by adding paragraph (c)(6), redesignate paragraphs (d)(2)(iii) 
and (d)(2)(iv) as paragraphs (d)(2)(iv) and (d)(2)(v) and by adding a 
new paragraph (d)(2)(iii) to read as follows:


Sec.  76.66  Satellite broadcast signal carriage.

* * * * *
    (b) * * *
    (2) 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 a noncontiguous state; 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 a noncontiguous State.
* * * * *
    (c) * * *
    (4) Except as provided in paragraphs (c)(6), (d)(2) and (d)(3) of 
this section, local commercial television broadcast stations shall make 
their retransmission consent-mandatory carriage election by October 1st 
of the year preceding the new cycle for all election cycles after the 
first election cycle.
* * * * *
    (6) A commercial television broadcast station located in a local 
market in a noncontiguous State shall make its retransmission consent-
mandatory carriage election by October 1, 2005, for carriage of its 
signal that originates as an analog signal for carriage commencing on 
December 8, 2005 and ending on December 31, 2008, and by April 1, 2007, 
for its signal that originates as a digital signal 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 paragraphs (c)(2) and 
(c)(4) of this section. 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 signal that originates as an 
analog signal for carriage commencing on December 8, 2005 and ending on 
December 31, 2008, and for its signal that originates as a digital 
signal for carriage commencing on June 8, 2007 and ending on December 
31, 2008.
* * * * *
    (d) * * *
    (2) * * *
    (iii) A satellite carrier with more than five million subscribers 
shall provide the notice as required by paragraphs (d)(2)(i) and 
(d)(2)(ii) of this section to each television broadcast station located 
in a local market in the noncontiguous States, not later than September 
1, 2005 with respect to carriage of analog signals and not later than 
March 1, 2007 with respect to carriage of digital signals; provided, 
however, that the notice shall

[[Page 24358]]

also describe the carriage requirements pursuant to section 338(a)(4) 
of title 47, United States Code, and paragraph (b)(2) of this section.
* * * * *
[FR Doc. 05-9290 Filed 5-6-05; 8:45 am]
BILLING CODE 6712-01-P