[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Rules and Regulations]
[Pages 36282-36283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14538]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 07-148; FCC 08-153]


DTV Consumer Education Initiative

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission revised the location for filing Form 388, DTV 
Quarterly Activity Station Report. In the DTV Consumer Education Order 
the Commission sought to ensure widespread consumer understanding of 
the benefits and mechanics of the transition by promoting a 
coordinated, national DTV consumer education campaign. One facet of 
this campaign was the establishment of a requirement that broadcasters 
provide on-air information to their viewers about the DTV transition, 
by compliance with one of three alternative sets of rules, and report 
those efforts to the Commission and the public.

DATES: Effective June 26, 2008.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information, please 
contact Lyle Elder, [email protected], 202-418-2120, or Eloise Gore, 
[email protected], 202-418-7200.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in MB Docket No. 07-148, FCC 08-153, adopted June 12, 2008 and released 
June 16, 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 Order

I. Background

    1. In this Order, we revise the location for filing Form 388, DTV 
Quarterly Activity Station Report. In the DTV Consumer Education Order, 
73 FR 15431 (March 24, 2008), the Commission sought to ensure 
widespread consumer understanding of the benefits and mechanics of the 
transition by promoting a coordinated, national DTV consumer education 
campaign. One facet of this campaign was the establishment of a 
requirement that broadcasters provide on-air information to their 
viewers about the DTV transition, by compliance with one of three 
alternative sets of rules, and report those efforts to the Commission 
and the public. In particular, we required that the efforts be recorded 
on Form 388 and filed with the Commission via the Electronic Comment 
Filing System (ECFS).

II. Discussion

    2. The first filing under these rules was due on April 10, 2008. 
Based on broadcaster and Commission experience with that filing, we 
find that the Consolidated DataBase System (CDBS) is a better database 
in which to file these forms. CDBS is more commonly used by 
broadcasters to file forms of this nature, and the electronic filing 
format simplifies both data entry by filers and review by the 
Commission. Therefore, in order to facilitate the reporting and review 
of broadcaster education efforts, this Order makes a procedural change 
to the consumer education rules and the instructions to Form 388. 
Beginning with the reports covering the second quarter of 2008, due 
July 10, 2008, Form 388 must be filed in CDBS, instead of ECFS. The 
change in the filing database creates no additional burden on 
broadcasters and all other requirements remain the same.

III. Procedural Matters

A. Paperwork Reduction Act Analysis
    3. This Order was analyzed with respect to the Paperwork Reduction 
Act of 1995 (PRA) and does not contain a substantive or material 
modification to an information collection. Therefore, it does not 
require resubmission to the Office of Management and Budget. In 
addition, therefore, it does not contain any new or modified 
``information collection burden for small business concerns with fewer 
than 25 employees.''
B. Additional Information
    4. For more information on this Report and Order, please contact 
Lyle

[[Page 36283]]

Elder, [email protected] of the Media Bureau, Policy Division, 202-
418-2120, or Eloise Gore, [email protected] of the Media Bureau, 202-
418-7200.

IV. Ordering Clause

    It is ordered that, pursuant to the authority contained in sections 
1, 4, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154, and 303, this Order is adopted and the Commission's rules and 
Form 388 are hereby amended as set forth in Appendices A and B, 
respectively. The non-substantive revisions to the rules in this Order 
will be effective June 25, 2008.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

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

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


0
2. Section 73.3526 is amended by revising paragraph (e)(ii)(iv) to read 
as follows:


Sec.  73.3526  Local public inspection file of commercial stations.

* * * * *
    (e) Contents of the file.
* * * * *
    (11)(iv) DTV Transition Education Reports. For full-power 
commercial TV broadcast stations, both analog and digital, on a 
quarterly basis, a completed Form 388, DTV Consumer Education Quarterly 
Activity Report. The Report for each quarter is to be placed in the 
public inspection file by the tenth day of the succeeding calendar 
quarter. By this date, a copy of the Report for each quarter must be 
filed electronically using the Commission's Consolidated DataBase 
System (CDBS). Stations electing to conform to the requirements of 
Sec.  73.674(b) must also provide the form on the station's public Web 
site, if such exists. The Report shall be separated from other 
materials in the public inspection file. The first Report, covering the 
first quarter of 2008, must be filed no later than April 10, 2008. The 
Reports must continue to be included up to and including the quarter in 
which a station concludes its education campaign. These Reports shall 
be retained in the public inspection file for one year. Licensees and 
permittees shall publicize in an appropriate manner the existence and 
location of these Reports.
* * * * *
0
3. Section 73.3527 is amended by revising paragraph (e)(13) to read as 
follows:


Sec.  73.3527  Local public inspection file of noncommercial 
educational stations.

* * * * *
    (e) Contents of the file.
* * * * *
    (13) DTV Transition Education Reports. For full-power noncommercial 
educational TV broadcast stations, both analog and digital, on a 
quarterly basis, a completed Form 388, DTV Consumer Education Quarterly 
Activity Report. The Report for each quarter is to be placed in the 
public inspection file by the tenth day of the succeeding calendar 
quarter. By this date, a copy of the Report for each quarter must be 
filed electronically using the Commission's Consolidated DataBase 
System (CDBS). Stations electing to conform to the requirements of 
Sec.  73.674(b) must also provide the form on the station's public Web 
site, if such exists. The Report shall be separated from other 
materials in the public inspection file. The first Report, covering the 
first quarter of 2008, must be filed no later than April 10, 2008. The 
Reports must continue to be included up to and including the quarter in 
which a station concludes its education campaign. These Reports shall 
be retained in the public inspection file for one year. Licensees and 
permittees shall publicize in an appropriate manner the existence and 
location of these Reports.
* * * * *
 [FR Doc. E8-14538 Filed 6-25-08; 8:45 am]
BILLING CODE 6712-01-P