[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30708-30713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13021]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act (PRA) of 1995. Comments are requested concerning: (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 estimate; (c) ways to enhance the quality, 
utility, and clarity of the information collected; (d) ways to minimize 
the burden of the collection of information on the respondents, 
including the use of

[[Page 30709]]

automated collection techniques or other forms of information 
technology; and (e) ways to further reduce the information collection 
burden for small business concerns with fewer than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the Paperwork Reduction Act (PRA) that does not 
display a currently valid OMB control number.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before June 27, 2011. If you anticipate that you will 
be submitting PRA comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the FCC 
contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via fax at 202-395-5167 or via e-mail to 
[email protected] and to the Federal Communications 
Commission via e-mail to [email protected] and [email protected]. To 
view a copy of this information collection request (ICR) submitted to 
OMB: (1) Go to the Web page http://reginfo.gov/public/do/PRAMain, (2) 
look for the section of the Web page called ``Currently Under Review'', 
(3) click on the downward-pointing arrow in the ``Select Agency'' box 
below the ``Currently Under Review'' heading, (4) select ``Federal 
Communications Commission'' from the list of agencies presented in the 
``Select Agency'' box, (5) click the ``Submit'' button to the right of 
the ``Select Agency'' box, and (6) when the list of FCC ICRs currently 
under review appears, look for the title of this ICR (or its OMB 
Control Number, if there is one) and then click on the ICR Reference 
Number to view detailed information about this ICR.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Cathy Williams on (202) 418-
2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301.
    Form Number: FCC Form 301.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
entities; State, local or Tribal governments.
    Number of Respondents and Responses: 4,544 respondents; 7,980 
responses.
    Estimated Time per Response: 1-6.25 hours (average).
    Frequency of Response: On occasion reporting requirement; Third-
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for the information collection requirements is 
contained in Sections 154(i), 303 and 308 of the Communications Act of 
1934, as amended.
    Total Annual Burden: 20,257 hours.
    Total Annual Costs: $88,116,793.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On January 28, 2010, the Commission adopted a First 
Report and Order and Further Notice of Proposed Rulemaking in MB Docket 
No. 09-52, FCC 10-24. On March 3, 2011, the Commission adopted a Second 
Report and Order (``Second R&O''), First Order on Reconsideration, and 
Second Further Notice of Proposed Rulemaking in MB Docket No. 09-52, 
FCC 11-28. The Second R&O adopts modifications to the manner in which 
the Commission awards preferences to applicants under the provisions of 
Section 307(b) of the Act. For Section 307(b) purposes, licensees and 
permittees seeking to change community of license must demonstrate that 
the facility at the new community represents a preferential arrangement 
of allotments (FM) or assignments (AM) over the current facility. 
Applications that are submitted to change an existing radio facility's 
community of license must include an Exhibit containing information 
demonstrating that the proposed change of community of license will 
result in a preferential arrangement of allotments or assignments under 
Section 307(b).
    Consistent with actions taken by the Commission in the Second R&O, 
the Instructions to the Form 301 have been revised to incorporate the 
information that must be included in the Exhibit, which is responsive 
to the ``Community of License Change--Section 307(b)'' question in the 
Form 301. The Form 301 itself has not been revised, nor have any 
questions been added to the Form 301. Rather, the Instructions for the 
Form 301 have been revised to assist applicants with completing the 
mandatory, responsive Exhibit.
    The modifications to the Commission's allotment and assignment 
policies adopted in the Second R&O include a rebuttable ``Urbanized 
Area service presumption'' under Priority (3), whereby an application 
to locate or relocate a station as the first local transmission service 
at a community located within an Urbanized Area, that would place a 
daytime principal community signal over 50 percent or more of an 
Urbanized Area, or that could be modified to provide such coverage, 
will be presumed to be a proposal to serve the Urbanized Area rather 
than the proposed community.
    In the case of an AM station, the determination of whether a 
proposed facility ``could be modified'' to cover 50 percent or more of 
an Urbanized Area will be made based on the applicant's certification 
in the Exhibit that there could be no rule-compliant minor 
modifications to the proposal, based on the antenna configuration or 
site, and spectrum availability as of the filing date, that could cause 
the station to place a principal community contour over 50 percent or 
more of an Urbanized Area. In the case of an FM station, the 
determination of whether a proposed facility ``could be modified'' to 
cover 50 percent or more of an Urbanized Area will be based on an 
applicant's certification in the Exhibit that there are no existing 
towers in the area to which, at the time of filing, the applicant's 
antenna could be relocated pursuant to a minor modification application 
to serve 50 percent or more of an Urbanized Area. Specifically, an FM 
applicant would need to certify that there could be no rule-compliant 
minor modification on the proposed channel to provide a principal 
community signal over 50 percent or more of an Urbanized Area, in 
addition to covering the proposed community of license. In doing so, FM 
applicants will be required to consider all existing registered towers 
in the Commission's Antenna Structure Registration database, in 
addition to any unregistered towers currently used by licensed radio 
stations. Furthermore, we expect all applicants to consider widely-used 
techniques, such as directional antennas and contour protection, when 
certifying that the proposal could not be modified to provide a 
principal community signal over the community of license and 50 percent 
or more of an Urbanized Area.
    To the extent the applicant wishes to rebut the Urbanized Area 
service presumption, the Exhibit must include a compelling showing (a) 
that the proposed community is truly independent from the Urbanized 
Area; (b) of the community's specific need for an outlet of local 
expression separate from the Urbanized Area; and (c) the ability of the 
proposed station to provide that outlet.

[[Page 30710]]

    For applicants making a showing under Priority (4), other public 
interest matters, the Exhibit must provide a description of all 
populations gaining or losing third, fourth, or fifth reception 
service, and the percentage of the population in the station's current 
protected contour that will lose third, fourth, or fifth reception 
service, if any. The Commission will also require applicants to not 
only set forth the populations gaining and losing service under the 
proposal, but also the numbers of services those populations will 
receive if the application is granted, and an explanation as to how the 
proposal provides a preferential arrangement of allotments or 
assignments and advances the revised Section 307(b) policies.
    The Commission specifically stated that these modified allotment 
and assignment procedures will apply to any applications to change 
community of license that are pending as of the release date of the 
Second R&O, March 3, 2011. Therefore, an applicant with a pending 
community of license change application must file an amendment 
demonstrating how the proposal represents a preferential arrangement of 
allotments or assignments under the policy modifications adopted in the 
Second R&O. For example, an applicant claiming Priority (3) would have 
to file the above-referenced ``could be modified'' certification, if 
appropriate, or a showing to rebut the Urbanized Area service 
presumption, if applicable. Similarly, an applicant claiming Priority 
(4) will have to make a showing as to the populations gaining or losing 
service under the proposed community of license change, as well as the 
numbers of services those populations will receive if the application 
is granted, and an explanation as to how the proposal advances the 
revised Section 307(b) priorities set out in the Second R&O. See Second 
R&O, FCC 11-28, at 22-23) 39. Such amendments must be filed once the 
information collection requirements are approved by OMB and the 
effective date for the requirements is announced by the Commission. 
Finally, under Priority (4) applicants may offer any other information 
they believe pertinent to a public interest showing and relevant to the 
Commission's consideration.
    OMB Control Number: 3060-0029.
    Title: Application for Construction Permit for Reserved Channel 
Noncommercial Educational Broadcast Station, FCC Form 340.
    Form Number: FCC Form 340.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
entities; State, local or Tribal governments.
    Number of Respondents and Responses: 2,765 respondents; 2,765 
responses.
    Estimated Time per Response: 1-6 hours (average).
    Frequency of Response: On occasion reporting requirement; Third-
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for the information collection requirements is 
contained in Sections 154(i), 303 and 308 of the Communications Act of 
1934, as amended.
    Total Annual Burden: 7,150 hours.
    Total Annual Costs: $29,079,700.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On January 28, 2010, the Commission adopted a First 
Report and Order in the Matter of Policies to Promote Rural Radio 
Service and to Streamline Allotment and Assignment Procedures, MB 
Docket No. 09-52, FCC 10-24 (released February 3, 2010). On March 3, 
2011, the Commission adopted a Second Report and Order, First Order on 
Reconsideration, and Second Further Notice of Proposed Rulemaking in MB 
Docket No. 09-52, FCC 11-28 (released March 3, 2011). In the First 
Report and Order, the Commission adopted the Tribal Priority proposed 
in the Notice of Proposed Rule Making, with some modifications. Under 
the Tribal Priority, a Section 307(b) priority will apply to an 
applicant meeting all of the following criteria: (1) The applicant is 
either a Federally recognized Tribe or Tribal consortium, or an entity 
51 percent or more owned or controlled by a Tribe or Tribes; (2) at 
least 50 percent of the daytime principal community contour of the 
proposed facilities covers Tribal Lands, in addition to meeting all 
other Commission technical standards; (3) the specified community of 
license is located on Tribal Lands; and (4) the applicant proposes the 
first local Tribal-owned noncommercial educational transmission service 
at the proposed community of license. The proposed Tribal Priority 
would apply, if at all, before the fair distribution analysis currently 
used to evaluate noncommercial educational applications. The Tribal 
Priority does not prevail over an applicant proposing first overall 
reception service to a significant population. The First Order on 
Reconsideration modifies the initially adopted Tribal Priority coverage 
requirement, by creating an alternative coverage standard under 
criterion (2), enabling Tribes to qualify for the Tribal Priority even 
when their Tribal Lands are too small or irregularly shaped to comprise 
50 percent of a radio station's signal. In such circumstances, Tribes 
may claim the priority (i) if the proposed principal community contour 
of the station encompasses 50 percent or more of that Tribe's Tribal 
Lands, but does not cover more than 50 percent of the Tribal lands of a 
non-applicant Tribe, (ii) serves at least 2,000 people living on Tribal 
Lands, and (iii) the total population on Tribal Lands residing within 
the station's service contour constitutes at least 50 percent of the 
total covered population, with provision for waivers as necessary to 
effectuate the goals of the Tribal Priority. This modification will 
enable Tribes with small or irregularly shaped lands to qualify for the 
Tribal Priority. The First Order on Reconsideration also provides that, 
under criterion (2), even an applicant whose Tribal Lands would be 
covered by 50 percent or more of the proposed principal community 
contour (the original coverage standard set forth in the First Report 
and Order) may not claim the credit if the principal community contour 
would cover more than 50 percent of the Tribal Lands of a non-applicant 
Tribe.
    FCC Form 340 and its instructions have been revised to accommodate 
those applicants qualifying for the new Tribal Priority. After adoption 
of the First Report and Order, we added new Questions 1 and 2, which 
seek information as to the applicant's eligibility for the Tribal 
Priority and direct applicants claiming the priority to prepare and 
attach an exhibit, to Section III. The instructions for Section III 
were also revised to assist applicants with completing the new 
questions and preparing the exhibit. In the First Order on 
Reconsideration, the Commission added an alternative definition of 
``Tribal Coverage'' to that adopted in the First Report and Order. 
Accordingly, we have modified the instructions for Section III, 
Question 2, to comport with the new alternative Tribal Coverage 
definition. The form itself has not been revised, nor have any 
questions been added to Form 340.
    OMB Control Number: 3060-0996.
    Title: AM Auction Section 307(b) Submissions.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
entities; State, local or Tribal governments.

[[Page 30711]]

    Number of Respondents and Responses: 210 respondents; 210 
responses.
    Estimated Time per Response: 0.5-6 hours (average).
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for the information collection requirements is 
contained in Sections 154(i), 307(b) and 309 of the Communications Act 
of 1934, as amended.
    Total Annual Burden: 1,029 hours.
    Total Annual Costs: $2,126,100.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On January 28, 2010, the Commission adopted a First 
Report and Order and Further Notice of Proposed Rulemaking (``First 
R&O'') in MB Docket No. 09-52, FCC 10-24. The First R&O adopted changes 
to certain procedures associated with the award of broadcast radio 
construction permits by competitive bidding, including modifications to 
the manner in which it awards preferences to applicants under the 
provisions of Section 307(b). In the First R&O, the Commission added a 
new Section 307(b) priority that would apply only to Native American 
and Alaska Native Tribes, Tribal consortia, and majority Tribal-owned 
entities proposing to serve Tribal lands. As adopted in the First R&O, 
the priority is only available when all of the following conditions are 
met: (1) The applicant is either a Federally recognized Tribe or Tribal 
consortium, or an entity that is 51 percent or more owned or controlled 
by a Tribe or Tribes; (2) at least 50 percent of the area within the 
proposed station's daytime principal community contour is over that 
Tribe's Tribal lands, in addition to meeting all other Commission 
technical standards; (3) the specified community of license is located 
on Tribal lands; and (4) in the commercial AM service, the applicant 
must propose first or second aural reception service or first local 
commercial Tribal-owned transmission service to the proposed community 
of license, which must be located on Tribal lands. Applicants claiming 
Section 307(b) preferences using these factors will submit information 
to substantiate their claims.
    On March 3, 2011, the Commission adopted a Second Report and Order 
(``Second R&O''), First Order on Reconsideration, and Second Further 
Notice of Proposed Rulemaking in MB Docket No. 09-52, FCC 11-28. The 
First Order on Reconsideration modifies the initially adopted Tribal 
Priority coverage requirement, by creating an alternate coverage 
standard under criterion (2), enabling Tribes to qualify for the Tribal 
Priority even when their Tribal lands are too small or irregularly 
shaped to comprise 50 percent of a station's signal. In such 
circumstances, Tribes may claim the priority (i) if the proposed 
principal community contour encompasses 50 percent or more of that 
Tribe's Tribal lands, but does not cover more than 50 percent of the 
Tribal lands of a non-applicant Tribe; (ii) serves at least 2,000 
people living on Tribal lands, and (iii) the total population on Tribal 
lands residing within the station's service contour constitutes at 
least 50 percent of the total covered population, with provision for 
waivers as necessary to effectuate the goals of the Tribal Priority. 
This modification will now enable Tribes with small or irregularly 
shaped lands to qualify for the Tribal Priority.
    The modifications to the Commission's allotment and assignment 
policies adopted in the Second R&O include a rebuttable ``Urbanized 
Area service presumption'' under Priority (3), whereby an application 
to locate or relocate a station as the first local transmission service 
at a community located within an Urbanized Area, that would place a 
daytime principal community signal over 50 percent or more of an 
Urbanized Area, or that could be modified to provide such coverage, 
will be presumed to be a proposal to serve the Urbanized Area rather 
than the proposed community. In the case of an AM station, the 
determination of whether a proposed facility ``could be modified'' to 
cover 50 percent or more of an Urbanized Area will be made based on the 
applicant's certification in the Section 307(b) showing that there 
could be no rule-compliant minor modifications to the proposal, based 
on the antenna configuration or site, and spectrum availability as of 
the filing date, that could cause the station to place a principal 
community contour over 50 percent or more of an Urbanized Area. To the 
extent the applicant wishes to rebut the Urbanized Area service 
presumption, the Section 307(b) showing must include a compelling 
showing (a) that the proposed community is truly independent from the 
Urbanized Area; (b) of the community's specific need for an outlet of 
local expression separate from the Urbanized Area; and (c) the ability 
of the proposed station to provide that outlet.
    In the case of applicants for new AM stations making a showing 
under Priority (4), other public interest matters, an applicant that 
can demonstrate that its proposed station would provide third, fourth, 
or fifth reception service to at least 25 percent of the population in 
the proposed primary service area, where the proposed community of 
license has two or fewer transmission services, may receive a 
dispositive Section 307(b) preference under Priority (4). An applicant 
for a new AM station that cannot demonstrate that it would provide the 
third, fourth, or fifth reception service to the required population at 
a community with two or fewer transmission services may also, under 
Priority (4), calculate a ``service value index'' as set forth in the 
case of Greenup, Kentucky and Athens, Ohio, Report and Order, 2 FCC Rcd 
4319 (MMB 1987). If the applicant can demonstrate a 30 percent or 
greater difference in service value index between its proposal and the 
next highest ranking proposal, it can receive a dispositive Section 
307(b) preference under Priority (4). Except under these circumstances, 
dispositive Section 307(b) preferences will not be granted under 
Priority (4) to applicants for new AM stations. The Commission 
specifically stated that these modified allotment and assignment 
procedures will not apply to pending applications for new AM stations 
and major modifications to AM facilities filed during the 2004 AM 
Auction 84 filing window.
    OMB Control Number: 3060-0980.
    Title: 47 CFR Section 76.66, Implementation of the Satellite Home 
Viewer Improvement Act of 1999: Local Broadcast Signal Carriage Issues 
and Retransmission Consent Issues.
    Form Number: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 10,280 respondents; 11,938 
responses.
    Estimated Time per Response: 1 to 5 hours.
    Frequency of Response: Third party disclosure requirement; On 
occasion reporting requirement, Every three years reporting 
requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in Sections 325, 
338, 339 and 340 of the Communications Act of 1934, as amended.
    Total Annual Burden: 12,146 hours.
    Total Annual Cost: 24,000.

[[Page 30712]]

    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On March 27, 2008 the Commission released a Second 
Report and Order, Memorandum Opinion and Order, and Second Further 
Notice of Proposed Rulemaking Carriage of Digital Television Broadcast 
Signals: Amendment to part 76 of the Commission's Rules; Implementation 
of the Satellite Home Viewer Improvement Act of 1999: Local Broadcast 
Signal Carriage Issues and Retransmission Consent Issues, FCC 08-86, CS 
Docket 00-96. The Commission amended the rules to require satellite 
carriers to carry digital-only stations upon request in markets in 
which they are providing any local-into-local service pursuant to the 
statutory copyright license, and to require carriage of all high 
definition (``HD'') signals in a market in which any station's signals 
are carried in HD.
    The information collection requirements that have been approved by 
the Office of Management and Budget (OMB) and have not changed since 
last approved are as follows:
    47 CFR Section 76.66(b)(1) states each satellite carrier providing, 
under section 122 of title 17, United States Code, secondary 
transmissions to subscribers located within the local market of a 
television broadcast station of a primary transmission made by that 
station, shall carry upon request the signals of all television 
broadcast stations located within that local market, subject to section 
325(b) of title 47, United States Code, and other paragraphs in this 
section. Satellite carriers are required to carry digital-only stations 
upon request in markets in which the satellite carrier is providing any 
local-into-local service pursuant to the statutory copyright license.
    47 CFR Section 76.66(b)(2) requires 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 Alaska or Hawaii; 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 Alaska or 
Hawaii. Such satellite carrier is not required to carry the signal 
originating as analog after commencing carriage of digital signals on 
June 8, 2007. Carriage of signals originating as digital signals of 
each television broadcast station that is located in a local market in 
Alaska or Hawaii shall include the entire free over-the-air signal, 
including multicast and high definition digital signals.
    47 CFR Section 76.66(c)(3) requires that a commercial television 
station notify a satellite carrier in writing whether it elects to be 
carried pursuant to retransmission consent or mandatory consent in 
accordance with the established election cycle.
    47 CFR Section 76.66(c)(5) requires that a noncommercial television 
station must request carriage by notifying a satellite carrier in 
writing in accordance with the established election cycle.
    47 CFR Section 76.66(c)(6) requires a commercial television 
broadcast station located in a local market in a noncontiguous State to 
make its retransmission consent-mandatory carriage election by October 
1, 2005, for carriage of its signals that originate as analog signals 
for carriage commencing on December 8, 2005 and ending on December 31, 
2008, and by April 1, 2007 for its signals that originate as digital 
signals 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 47 CFR Section 76.66(c)(2) and 47 CFR Section 76.66(c)(4). 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 signals that originate as an analog signal for carriage 
commencing on December 8, 2005 and ending on December 31, 2008, and by 
April 1, 2007 for its signals that originate as digital signals for 
carriage commencing on June 8, 2007 and ending on December 31, 2008. 
Moreover, Section 76.66(c) requires a commercial television station 
located in a local market in a noncontiguous State to provide 
notification to a satellite carrier whether it elects to be carried 
pursuant to retransmission consent or mandatory consent.
    47 CFR Section 76.66(d)(1)(ii) states an election request made by a 
television station must be in writing and sent to the satellite 
carrier's principal place of business, by certified mail, return 
receipt requested.
    47 CFR Section 76.66(d)(1)(iii) states a television station's 
written notification shall include the:
    (A) Station's call sign;
    (B) Name of the appropriate station contact person;
    (C) Station's address for purposes of receiving official 
correspondence;
    (D) Station's community of license;
    (E) Station's DMA assignment; and
    (F) For commercial television stations, its election of mandatory 
carriage or retransmission consent.
    47 CFR Section 76.66(d)(1)(iv) Within 30 days of receiving a 
television station's carriage request, a satellite carrier shall notify 
in writing: (A) Those local television stations it will not carry, 
along with the reasons for such a decision; and (B) those local 
television stations it intends to carry.
    47 CFR Section 76.66(d)(2)(i) states a new satellite carrier or a 
satellite carrier providing local service in a market for the first 
time after July 1, 2001, shall inform each television broadcast station 
licensee within any local market in which a satellite carrier proposes 
to commence carriage of signals of stations from that market, not later 
than 60 days prior to the commencement of such carriage.
    (A) Of the carrier's intention to launch local-into-local service 
under this section in a local market, the identity of that local 
market, and the location of the carrier's proposed local receive 
facility for that local market;
    (B) Of the right of such licensee to elect carriage under this 
section or grant retransmission consent under section 325(b);
    (C) That such licensee has 30 days from the date of the receipt of 
such notice to make such election; and
    (D) That failure to make such election will result in the loss of 
the right to demand carriage under this section for the remainder of 
the 3-year cycle of carriage under section 325.
    47 CFR Section 76.66(d)(2)(ii) states satellite carriers shall 
transmit the notices required by paragraph (d)(2)(i) of this section 
via certified mail to the address for such television station licensee 
listed in the consolidated database system maintained by the 
Commission.
    47 CFR Section 76.66(d)(2)(iii) requires a satellite carrier with 
more than five million subscribers to provide a notice as required by 
47 CFR Section 76.66(d)(2)(i) and 47 CFR Section 76.66(d)(2)(ii) to 
each television broadcast station located in a local market in a 
noncontiguous State, not later than September 1, 2005 with respect to 
analog signals and a notice not later than April 1, 2007 with respect 
to digital signals; provided, however, that the notice shall also 
describe the carriage requirements pursuant to Section 338(a)(4) of 
Title 47, United States Code, and 47 CFR Section 76.66(b)(2).
    47 CFR Section 76.66(d)(2)(iv) requires that a satellite carrier 
shall commence carriage of a local station by

[[Page 30713]]

the later of 90 days from receipt of an election of mandatory carriage 
or upon commencing local-into-local service in the new television 
market.
    47 CFR Section 76.66(d)(2)(v) states within 30 days of receiving a 
local television station's election of mandatory carriage in a new 
television market, a satellite carrier shall notify in writing: Those 
local television stations it will not carry, along with the reasons for 
such decision, and those local television stations it intends to carry.
    47 CFR Section 76.66(d)(2)(vi) requires satellite carriers to 
notify all local stations in a market of their intent to launch HD 
carry-one, carry-all in that market at least 60 days before commencing 
such carriage.
    47 CFR Section 76.66(d)(3)(ii) states a new television station 
shall make its election request, in writing, sent to the satellite 
carrier's principal place of business by certified mail, return receipt 
requested, between 60 days prior to commencing broadcasting and 30 days 
after commencing broadcasting. This written notification shall include 
the information required by paragraph (d)(1)(iii) of this section.
    47 CFR Section 76.66(d)(3)(iv) states within 30 days of receiving a 
new television station's election of mandatory carriage, a satellite 
carrier shall notify the station in writing that it will not carry the 
station, along with the reasons for such decision, or that it intends 
to carry the station.
    47 CFR Section 76.66(d)(5)(i) states beginning with the election 
cycle described in Sec.  76.66(c)(2), the retransmission of 
significantly viewed signals pursuant to Sec.  76.54 by a satellite 
carrier that provides local-into-local service is subject to providing 
the notifications to stations in the market pursuant to paragraphs 
(d)(5)(i)(A) and (B) of this section, unless the satellite carrier was 
retransmitting such signals as of the date these notifications were 
due.
    (A) In any local market in which a satellite carrier provided 
local-into-local service on December 8, 2004, at least 60 days prior to 
any date on which a station must make an election under paragraph (c) 
of this section, identify each affiliate of the same television network 
that the carrier reserves the right to retransmit into that station's 
local market during the next election cycle and the communities into 
which the satellite carrier reserves the right to make such 
retransmissions;
    (B) In any local market in which a satellite carrier commences 
local-into-local service after December 8, 2004, at least 60 days prior 
to the commencement of service in that market, and thereafter at least 
60 days prior to any date on which the station must thereafter make an 
election under Sec.  76.66(c), identify each affiliate of the same 
television network that the carrier reserves the right to retransmit 
into that station's local market during the next election cycle.
    47 CFR Section 76.66(f)(3) states except as provided in 
76.66(d)(2), a satellite carrier providing local-into-local service 
must notify local television stations of the location of the receive 
facility by June 1, 2001 for the first election cycle and at least 120 
days prior to the commencement of all election cycles thereafter.
    47 CFR Section 76.66(f)(4) states a satellite carrier may relocate 
its local receive facility at the commencement of each election cycle. 
A satellite carrier is also permitted to relocate its local receive 
facility during the course of an election cycle, if it bears the signal 
delivery costs of the television stations affected by such a move. A 
satellite carrier relocating its local receive facility must provide 60 
days notice to all local television stations carried in the affected 
television market.
    47 CFR Section 76.66(h)(5) states a satellite carrier shall provide 
notice to its subscribers, and to the affected television station, 
whenever it adds or deletes a station's signal in a particular local 
market pursuant to this paragraph.
    47 CFR 76.66(m)(1) states whenever a local television broadcast 
station believes that a satellite carrier has failed to meet its 
obligations under this section, such station shall notify the carrier, 
in writing, of the alleged failure and identify its reasons for 
believing that the satellite carrier failed to comply with such 
obligations.
    47 CFR 76.66(m)(2) states the satellite carrier shall, within 30 
days after such written notification, respond in writing to such 
notification and comply with such obligations or state its reasons for 
believing that it is in compliance with such obligations.
    47 CFR 76.66(m)(3) states a local television broadcast station that 
disputes a response by a satellite carrier that it is in compliance 
with such obligations may obtain review of such denial or response by 
filing a complaint with the Commission, in accordance with 76.7 of 
title 47, Code of Federal Regulations. Such complaint shall allege the 
manner in which such satellite carrier has failed to meet its 
obligations and the basis for such allegations.
    47 CFR 76.66(m)(4) states the satellite carrier against which a 
complaint is filed is permitted to present data and arguments to 
establish that there has been no failure to meet its obligations under 
this section.
    Non-rule requirement: Satellite carriers must immediately commence 
carriage of the digital signal of a television station that ceases 
analog broadcasting prior to the February 17, 2009 transition deadline 
provided that the broadcaster notifies the satellite carrier on or 
before October 1, 2008 of the date on which they anticipate termination 
of their analog signal.

Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-13021 Filed 5-25-11; 8:45 am]
BILLING CODE 6712-01-P