[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Proposed Rules]
[Pages 30591-30596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11889]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 15 and 54
[MB Docket No. 07-148; FCC 08-119]
DTV Consumer Education Initiative
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Commission asks whether the eligible telecommunications
carrier (ETC) obligation to provide monthly digital television (DTV)
transition notices to low-income subscribers should be expanded to
require the provision of such notices to all subscribers, and whether
multichannel video programming distributors (MVPDs) should be required
to provide on-air DTV transition education on their systems.
DATES: Comments for this proceeding are due on or before June 27, 2008;
reply comments are due on or before July 14, 2008.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. You may submit comments, identified by MB Docket
No. 07-148, 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 more information on this
proceeding, please contact Lyle Elder, [email protected], or Eloise
Gore, [email protected], of the Media
[[Page 30592]]
Bureau, Policy Division, (202) 418-2120. For additional information
concerning the Paperwork Reduction Act information collection
requirements contained in this document, contact Cathy Williams on
(202) 418-2918, or via the Internet at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking in MB Docket No. 07-148, FCC 08-
119, adopted April 23, 2008 and released April 23, 2008. 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 (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).
Summary of the Notice of Proposed Rulemaking
I. Further Notice of Proposed Rulemaking
1. As discussed in the Order on Reconsideration of the Consumer
Education Initiative Order, the revised ETC education rules require
that ETCs provide monthly transition notices to their low-income
(Lifeline/Link-Up) customers. This requirement is similar to the one
proposed by Chairmen Dingell and Markey in their Letter to the
Commission, in which they suggested that the Commission ``require, as
an interim measure, that telecommunications carriers that receive funds
under the Low Income Federal universal service program * * * notify
each of their low income customers of the digital transition and
include such a notice in their required Lifeline and Link-Up publicity
efforts.'' On April 15, 2008, during Chairman Martin's testimony before
the House Committee on Energy and Commerce's Subcommittee on
Telecommunications and the Internet, Congressman Fred Upton suggested
that the Commission explore revising these rules to require that ETCs
provide monthly notices to all of their subscribers, rather than just
low-income subscribers. Such a revision would ensure a wider reach for
DTV transition notices as the February 17, 2009, deadline approaches,
but could increase expenses for ETCs. What is the appropriate balance
for the Commission's Rules in this area? We seek comment on this
proposal.
2. The first Notice of Proposed Rulemaking, 72 FR 46014 August 16,
2007, in this proceeding sought comment on ``other initiatives that the
Commission can and should undertake to educate the public on the DTV
transition.'' In response to this request, some commenters proposed
that the Commission require MVPDs to provide on-air DTV transition
education on their systems. We seek comment on this proposal. As the
National Cable and Telecommunications Association (NCTA) has noted, the
cable industry, for instance, is already engaged in a ``$200 million
digital TV transition consumer education campaign, highlighted by
English and Spanish language television commercials.'' Should we
require MVPDs, such as cable and direct broadcast satellite operators,
to provide on-air DTV transition education on their systems as we have
for TV broadcasters? We seek comment on what entities should be covered
and the on-air educational efforts that should be required.
II. Procedural Matters
A. Initial Regulatory Flexibility Analysis
3. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA''), the Commission has prepared this Initial Regulatory
Flexibility Analysis (``IRFA'') of the possible economic impact on a
substantial number of small entities by the rules proposed in this
Further Notice of Proposed Rulemaking (``FNPRM''). Written public
comments are requested on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments
on the Further Notice as indicated on the first page of the Order. The
Commission will send a copy of the Further Notice, including this IRFA,
to the Chief Counsel for Advocacy of the Small Business Administration
(``SBA''). In addition, the FNPRM and IRFA (or summaries thereof) will
be published in the Federal Register.
1. Need for, and Objectives of, the Proposals
4. This FNPRM seeks comment on a proposal to require that ETCs
provide monthly notices to all of their subscribers, rather than just
low-income subscribers as required by the current rules. It also seeks
comment on a proposal to require MVPDs to provide on-air DTV transition
education on their systems. It seeks comment on whether, as a policy
matter, the Commission should impose such requirements.
2. Legal Basis
5. The authority for the action proposed in this rulemaking is
contained in Sections 1, 2, 4(i), 7, 254, 303, and 309 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
157, 254, 303, and 309.
3. Description and Estimate of the Number of Small Entities to Which
the Proposals Will Apply
6. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the rules adopted herein. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small business concern''
under Section 3 of the Small Business Act. Under the Small Business
Act, 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). The rules adopted herein will directly affect
small ETCs. A description of these small entities, as well as an
estimate of the number of such small entities, is provided below.
7. Incumbent Local Exchange Carriers (LECs). Neither the Commission
nor the SBA has developed a small business size standard specifically
for incumbent local exchange services. The appropriate size standard
under SBA rules is for the category Wired Telecommunications Carriers.
Under that size standard, such a business is small if it has 1,500 or
fewer employees. According to Commission data, 1,307 carriers have
reported that they are engaged in the provision of incumbent local
exchange services. Of these 1,307 carriers, an estimated 1,019 have
1,500 or fewer employees and 288 have more than 1,500 employees.
Consequently, the Commission estimates that most providers of incumbent
local exchange service are small businesses.
8. Competitive Local Exchange Carriers, Competitive Access
Providers (CAPs), ``Shared-Tenant Service Providers,'' and ``Other
Local Service Providers.'' Neither the Commission nor the SBA has
developed a small business size standard specifically for these service
providers. The appropriate size
[[Page 30593]]
standard under SBA rules is for the category Wired Telecommunications
Carriers. Under that size standard, such a business is small if it has
1,500 or fewer employees. According to Commission data, 859 carriers
have reported that they are engaged in the provision of either
competitive access provider services or competitive local exchange
carrier services. Of these 859 carriers, an estimated 741 have 1,500 or
fewer employees and 118 have more than 1,500 employees. In addition, 16
carriers have reported that they are ``Shared-Tenant Service
Providers,'' and all 16 are estimated to have 1,500 or fewer employees.
In addition, 44 carriers have reported that they are ``Other Local
Service Providers.'' Of the 44, an estimated 43 have 1,500 or fewer
employees and one has more than 1,500 employees. Consequently, the
Commission estimates that most providers of competitive local exchange
service, competitive access providers, ``Shared-Tenant Service
Providers,'' and ``Other Local Service Providers'' are small entities.
9. Cable Television Distribution Services. Since 2007, these
services have been defined within the broad economic census category of
Wired Telecommunications Carriers; that category is defined as follows:
``This industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA has developed a small business size standard
for this category, which is: All such firms having 1,500 or fewer
employees. To gauge small business prevalence for these cable services
we must, however, use current census data that are based on the
previous category of Cable and Other Program Distribution and its
associated size standard; that size standard was: All such firms having
$13.5 million or less in annual receipts. According to Census Bureau
data for 2002, there were a total of 1,191 firms in this previous
category that operated for the entire year. Of this total, 1,087 firms
had annual receipts of under $10 million, and 43 firms had receipts of
$10 million or more but less than $25 million. Thus, the majority of
these firms can be considered small.
10. Cable System Operators (Rate Regulation Standard). The
Commission has developed its own small business size standard for cable
system operators, for purposes of rate regulation. Under the
Commission's rules, a ``small cable company'' is one serving fewer than
400,000 subscribers nationwide. The most recent estimates indicate that
there were 1,439 cable operators who qualified as small cable system
operators at the end of 1995. Since then, some of those companies may
have grown to serve more than 400,000 subscribers, and others may have
been involved in transactions that caused them to be combined with
other cable operators. Consequently, the Commission estimates that
there are now fewer than 1,439 small entity cable system operators that
may be affected by the rules and policies adopted herein.
11. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than 1
percent of all subscribers in the United States and is not affiliated
with any entity or entities whose gross annual revenues in the
aggregate exceed $250,000,000.'' The Commission has determined that
there are 67,700,000 subscribers in the United States. Therefore, an
operator serving fewer than 677,000 subscribers shall be deemed a small
operator, if its annual revenues, when combined with the total annual
revenues of all its affiliates, do not exceed $250 million in the
aggregate. Based on available data, the Commission estimates that the
number of cable operators serving 677,000 subscribers or fewer, totals
1,450. The Commission neither requests nor collects information on
whether cable system operators are affiliated with entities whose gross
annual revenues exceed $250 million, and therefore is unable, at this
time, to estimate more accurately the number of cable system operators
that would qualify as small cable operators under the size standard
contained in the Communications Act of 1934.
12. Private Cable Operators (PCOs) also known as Satellite Master
Antenna Television (SMATV) Systems. PCOs, also known as SMATV systems
or private communication operators, are video distribution facilities
that use closed transmission paths without using any public right-of-
way. PCOs acquire video programming and distribute it via terrestrial
wiring in urban and suburban multiple dwelling units such as apartments
and condominiums, and commercial multiple tenant units such as hotels
and office buildings. The SBA definition of small entities for Cable
and Other Program Distribution includes PCOs and, thus, small entities
are defined as all such companies generating $13.5 million or less in
annual receipts. Currently, there are more than 150 members in the
Independent Multi-Family Communications Council (IMCC), the trade
association that represents PCOs. Individual PCOs often serve
approximately 3,000-4,000 subscribers, but the larger operations serve
as many as 15,000-55,000 subscribers. In total, PCOs currently serve
approximately one million subscribers. Because these operators are not
rate regulated, they are not required to file financial data with the
Commission. Furthermore, we are not aware of any privately published
financial information regarding these operators. Based on the estimated
number of operators and the estimated number of units served by the
largest ten PCOs, we believe that a substantial number of PCOs qualify
as small entities.
13. Satellite Carriers. The term ``satellite carrier'' includes
entities providing services as described in 17 U.S.C. 119(d)(6) using
the facilities of a satellite or satellite service licensed under part
25 of the Commission's rules to operate in Direct Broadcast Satellite
(``DBS'') or Fixed-Satellite Service (``FSS'') frequencies. As a
general practice, not mandated by any regulation, DBS licensees usually
own and operate their own satellite facilities as well as package the
programming they offer to their subscribers. In contrast, satellite
carriers using FSS facilities often lease capacity from another entity
that is licensed to operate the satellite used to provide service to
subscribers. These entities package their own programming and may or
may not be Commission licensees themselves. In addition, a third
situation may include an entity using a non-U.S. licensed satellite to
provide programming to subscribers in the United States pursuant to a
blanket earth station license. Since 2007, the SBA has recognized
satellite television distribution services within the broad economic
census category of Wired Telecommunications Carriers. The SBA has
developed a small business size standard for this category, which is:
All such firms having 1,500 or fewer employees. The most current Census
Bureau data, however, are from the last economic census of 2002, and we
will use those figures to gauge the prevalence of small businesses in
this category. According to Census Bureau data for 2002, there were a
total of 1,191 firms in this previous category that operated for the
entire year. Of this total, 1,087 firms had annual receipts of
[[Page 30594]]
under $10 million, and 43 firms had receipts of $10 million or more but
less than $25 million. Thus, the majority of these firms can be
considered small.
14. Direct Broadcast Satellite (DBS) Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. Because DBS provides subscription
services, DBS falls within the SBA-recognized definition of Wired
Telecommunications Carriers. The SBA has developed a small business
size standard for this category, which is: All such firms having 1,500
or fewer employees. The most current Census Bureau data, however, are
from the last economic census of 2002, and so we will rely on the
previous size standard, Cable and Other Program Distribution, which
provides that a small entity is one with $13.5 million or less in
annual receipts. Currently, only two operators--DirecTV and EchoStar
Communications Corporation (``EchoStar'')--hold licenses to provide DBS
service, which requires a great investment of capital for operation.
Both currently offer subscription services and report annual revenues
that are in excess of the threshold for a small business. Because DBS
service requires significant capital, we believe it is unlikely that a
small entity as defined by the SBA would have the financial wherewithal
to become a DBS licensee. Nevertheless, given the absence of specific
data on this point, we acknowledge the possibility that there are
entrants in this field that may not yet have generated $13.5 million in
annual receipts, and therefore may be categorized as a small business,
if independently owned and operated.
15. Fixed-Satellite Service (``FSS''). The FSS is a
radiocommunication service between earth stations at a specified fixed
point or between any fixed point within specified areas and one or more
satellites. The FSS, which utilizes many earth stations that
communicate with one or more space stations, may be used to provide
subscription video service. Therefore, to the extent FSS frequencies
are used to provide subscription services, FSS falls within the SBA-
recognized definition of Wired Telecommunications Carriers. The SBA has
developed a small business size standard for this category, which is:
All such firms having 1,500 or fewer employees. The most current Census
Bureau data, however, are from the last economic census of 2002, and so
we will rely on the previous size standard, Cable and Other Program
Distribution, which provides that a small entity is one with $13.5
million or less in annual receipts. Although a number of entities are
licensed in the FSS, not all such licensees use FSS frequencies to
provide subscription services. Both of the DBS licensees (EchoStar and
DirecTV) have indicated interest in using FSS frequencies to broadcast
signals to subscribers. It is possible that other entities could
similarly use FSS frequencies, although we are not aware of any
entities that might do so.
16. Home Satellite Dish (HSD) Service. Because HSD provides
subscription services, HSD falls within the SBA-recognized definition
of Wired Telecommunications Carriers. The SBA has developed a small
business size standard for this category, which is: All such firms
having 1,500 or fewer employees. The most current Census Bureau data,
however, are from the last economic census of 2002, and so we will rely
on the previous size standard, Cable and Other Program Distribution,
which provides that a small entity is one with $13.5 million or less in
annual receipts. HSD or the large dish segment of the satellite
industry is the original satellite-to-home service offered to
consumers, and involves the home reception of signals transmitted by
satellites operating generally in the C-band frequency. Unlike DBS,
which uses small dishes, HSD antennas are between four and eight feet
in diameter and can receive a wide range of unscrambled (free)
programming and scrambled programming purchased from program packagers
that are licensed to facilitate subscribers' receipt of video
programming. There are approximately 30 satellites operating in the C-
band, which carry more than 500 channels of programming combined;
approximately 350 channels are available free of charge and 150 are
scrambled and require a subscription. HSD is difficult to quantify in
terms of annual revenue. HSD owners have access to program channels
placed on C-band satellites by programmers for receipt and distribution
by MVPDs. Commission data show that, as of June 2005, there were
206,358 households authorized to receive HSD service. The Commission
has no information regarding the annual revenue of the four C-Band
distributors.
17. Open Video Systems (OVS). The OVS framework provides
opportunities for the distribution of video programming other than
through cable systems. Because OVS operators provide subscription
services, OVS falls within the SBA-recognized definition of Wired
Telecommunications Carriers. The SBA has developed a small business
size standard for this category, which is: All such firms having 1,500
or fewer employees. The most current Census Bureau data, however, are
from the last economic census of 2002, and so we will rely on the
previous size standard, Cable and Other Program Distribution, which
provides that a small entity is one with $13.5 million or less in
annual receipts. The Commission has certified 25 OVS operators with
some now providing service. Broadband service providers (BSPs) are
currently the only significant holders of OVS certifications or local
OVS franchises, even though OVS is one of four statutorily-recognized
options for local exchange carriers (LECs) to offer video programming
services. As of June 2005, BSPs served approximately 1.4 million
subscribers, representing 1.5 percent of all MVPD households.
Affiliates of Residential Communications Network, Inc. (``RCN''), which
serves about 371,000 subscribers as of June 2005, is currently the
largest BSP and 14th largest MVPD. RCN received approval to operate OVS
systems in New York City, Boston, Washington, DC and other areas. The
Commission does not have financial information regarding the entities
authorized to provide OVS, some of which may not yet be operational. We
thus believe that at least some of the OVS operators may qualify as
small entities.
18. Wireless Cable Systems. Wireless cable systems use the
Broadband Radio Service (``BRS''), formerly Multipoint Distribution
Service (``MDS''), and Educational Broadband Service (``EBS''),
formerly Instructional Television Fixed Service (``ITFS''), frequencies
in the 2 GHz band to transmit video programming and provide broadband
services to residential subscribers. These services were originally
designed for the delivery of multichannel video programming, similar to
that of traditional cable systems, but over the past several years
licensees have focused their operations instead on providing two-way
high-speed Internet access services. Nonetheless, they appear to fall
within the SBA-recognized definition of Wired Telecommunications
Carriers. The SBA has developed a small business size standard for this
category, which is: All such firms having 1,500 or fewer employees. The
most current Census Bureau data, however, are from the last economic
census of 2002, and so we will rely on the previous size standard,
Cable and Other Program Distribution, which provides that a small
entity is one with $13.5 million or less in annual receipts. We
estimate that the number of wireless cable subscribers is
[[Page 30595]]
approximately 100,000, as of March 2005. Id. Local Multipoint
Distribution Service (``LMDS'') is a fixed broadband point-to-
multipoint microwave service that provides for two-way video
telecommunications.
19. Wireless Cable Systems (Commission Auction Standard). The
Commission has defined small MDS (now BRS) and LMDS entities in the
context of Commission license auctions. In the 1996 MDS auction, the
Commission defined a small business as an entity that had annual
average gross revenues of less than $40 million in the previous three
calendar years. This definition of a small entity in the context of MDS
auctions has been approved by the SBA. In the MDS auction, 67 bidders
won 493 licenses. Of the 67 auction winners, 61 claimed status as a
small business. In addition to the 48 small businesses that have held
BTA authorizations, there are approximately 392 incumbent MDS licensees
that have gross revenues that are not more than $40 million and are
thus considered small entities. MDS licensees and wireless cable
operators that did not participate in the MDS auction must rely on the
SBA definition of small entities for Wired Telecommunications Carriers.
The SBA has developed a small business size standard for this category,
which is: All such firms having 1,500 or fewer employees. The most
current Census Bureau data, however, are from the last economic census
of 2002, and so we will rely on the previous size standard, Cable and
Other Program Distribution, which provides that a small entity is one
with $13.5 million or less in annual receipts. Information available to
us indicates that there are approximately 850 of these licensees and
operators that do not generate revenue in excess of $13.5 million
annually. Therefore, we estimate that there are approximately 850 small
MDS (or BRS) providers as defined by the SBA and the Commission's
auction rules.
20. Educational institutions are included in this analysis as small
entities; however, the Commission has not defined a small business size
standard for ITFS (now EBS). In addition, the term ``small entity''
under SBREFA applies to small organizations (nonprofits) and to small
governmental jurisdictions (cities, counties, towns, townships,
villages, school districts, and special districts with populations of
less than 50,000). 5 U.S.C. 601(4)-(6). We do not collect annual
revenue data on ITFS licensees. We estimate that there are currently
2,032 ITFS (or EBS) licensees, and all but 100 of these licenses are
held by educational institutions. Thus, the Commission estimates that
at least 1,932 ITFS licensees are small businesses.
21. In the 1998 and 1999 LMDS auctions, the Commission defined a
small business as an entity that had annual average gross revenues of
less than $40 million in the previous three calendar years. Moreover,
the Commission added an additional classification for a ``very small
business,'' which was defined as an entity that had annual average
gross revenues of less than $15 million in the previous three calendar
years. These definitions of ``small business'' and ``very small
business'' in the context of the LMDS auctions have been approved by
the SBA. In the first LMDS auction, 104 bidders won 864 licenses. Of
the 104 auction winners, 93 claimed status as small or very small
businesses. In the LMDS re-auction, 40 bidders won 161 licenses. In
addition, we note that, as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Also, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated.
4. Description of Projected Reporting, Record Keeping, and Other
Compliance Requirements for Small Entities
22. The FNPRM seeks comment on a rule that would impose compliance
requirements on small ETCs. Small ETCs currently have an obligation to
provide DTV transition notices on a monthly basis to their Lifeline and
Link-up customers. These obligations would be increased by the rule
contemplated in this Further Notice, but would not change in kind.
Small ETCs will need to spend money printing the notices, and may
either forgo advertising revenue as a result of dedicating bill space
to DTV transition notices, or spend additional money mailing the
notices separately. The FNPRM also seeks comment on a rule that would
impose compliance requirements on small MVPDs. Small MVPDs would be
required to provide on-air DTV transition education on their systems.
Production costs would likely be minimal or nonexistent due to the
already-produced PSAs available in the market. MVPDs may have to forgo
advertising revenue as a result of dedicating available air time to DTV
transition notices, or spend money reserving such time if they do not
already have advertising time available.
5. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
23. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. We seek comment on the applicability of any of these
alternatives to affected small entities.
24. The requirements proposed in the FNPRM would impose costs on
small ETCs and MVPDs, but would result in wider knowledge about the DTV
transition, which could have an indirect positive impact on other small
entities, including television broadcasters, consumer electronics
manufacturers and retailers, and MVPDs themselves. We invite small
entities to submit comments on how the Commission could further
minimize potential burdens on small entities if the proposal in the
FNPRM is ultimately adopted.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
25. None.
B. Initial Paperwork Reduction Act Analysis
26. This document contains proposed modified 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. 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.''
C. Ex Parte Rules
27. 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
[[Page 30596]]
Commission's rules. 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. Additional rules
pertaining to oral and written presentations are set forth in Section
1.1206(b).
D. Filing Requirements
28. Comments and Replies. Pursuant to Sections 1.415 and 1.419 of
the Commission's rules, interested parties may file comments on or
before June 27, 2008, and reply comments on or before July 14, 2008
using: (1) The Commission's Electronic Comment Filing System
(``ECFS''), (2) the Federal Government's eRulemaking Portal, or (3) by
filing paper copies.
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 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.
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 must be addressed to 445 12th Street, SW., Washington, DC 20554.
29. 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.
30. 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.
E. Additional Information
31. For more information on this Order on Reconsideration and
Further Notice of Proposed Rulemaking, please contact Lyle Elder,
[email protected], or Eloise Gore, [email protected], of the Media
Bureau, Policy Division, (202) 418-2120.
III. Ordering Clauses
32. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order on Reconsideration and Further Notice of Proposed
Rulemaking, including the Supplemental Final and Initial Regulatory
Flexibility Analyses, to the Chief Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-11889 Filed 5-27-08; 8:45 am]
BILLING CODE 6712-01-P