[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17745-17748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07561]
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FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 15-43; DA 15-253]
Media Bureau Seeks Comment for Report Required by the STELA
Reauthorization Act of 2014
AGENCY: Federal Communications Commission.
ACTION: Notice; solicitation of comments.
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SUMMARY: This document solicits public comments and data for use in
preparation of a report required by the STELA Reauthorization Act of
2014. The report must contain an analysis of designated market areas
and recommendations for fostering increased localism. The Commission is
required to submit the report no later than June 3, 2016.
DATES: Comments may be filed on or before May 12, 2015, and reply
comments may be filed on or before June 11, 2015.
ADDRESSES: You may submit comments, identified by MB Docket No. 15-43,
DA-15-253, by any of the following methods:
[ssquf] Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
[ssquf] Mail: Federal Communications Commission, 445 12th Street
SW., Washington, DC, 20554.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [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: Dan Bring, Media Bureau (202) 418-
2164, TTY (202) 418-7172, or email at [email protected].
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
document in MB Docket No. 15-43, DA-15-253, released February 25, 2015.
The complete text of the document is available for inspection and
copying during normal business hours in the FCC Reference Center, 445
12th Street SW., Washington, DC 20554.
Synopsis
1. By this Public Notice, the Media Bureau seeks data, information,
and comment for use in preparation of a report required by the STELA
Reauthorization Act of 2014 (STELAR), Public Law 113-200, sec. 109, 128
Stat. 2059, 2065 (2014). Section 109 of STELAR requires the Commission
to submit a report on designated market areas and considerations for
fostering increased localism to the appropriate congressional
committees not later than 18 months after the date of enactment (i.e.,
June 3, 2016). Specifically, Section 109 states:
SEC. 109. REPORT ON DESIGNATED MARKET AREAS.
(a) IN GENERAL. Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the appropriate
congressional committees a report that contains--
(1) An analysis of--
(A) The extent to which consumers in each local market have access
to broadcast programming from television broadcast stations located
outside their local market, including through carriage by cable
operators and satellite carriers of signals that are significantly
viewed (within the meaning of section 340 of the Communications Act of
1934 (47 U.S.C. 340)); and
(B) Whether there are technologically and economically feasible
alternatives to the use of designated market areas to define markets
that would provide consumers with more programming
[[Page 17746]]
options and the potential impact such alternatives could have on
localism and on broadcast television locally, regionally, and
nationally; and
(2) Recommendations on how to foster increased localism in counties
served by out-of-State designated market areas.
(b) CONSIDERATIONS FOR FOSTERING INCREASED LOCALISM. In making
recommendations under subsection (a)(2), the Commission shall
consider--
(1) The impact that designated market areas that cross State lines
have on access to local programming;
(2) The impact that designated market areas have on local
programming in rural areas; and
(3) The state of local programming in States served exclusively by
out-of-State designated market areas.
2. The legislative history of Section 109 instructs the Commission
to consider a number of factors in making its recommendations to foster
increased localism in counties served by out-of-State designated market
areas (DMA), including: (1) The impact DMAs that cross State lines have
on access to local programming; (2) the impact DMAs have on local
programming in rural areas; and (3) the impact such alternatives to the
DMA system could have on localism, as well as broadcast television
locally, regionally, and nationally. The legislative history also
provides the following guidance regarding the report:
The Committee intends that the FCC's report will interpret local
programming to include not only television programming (in
particular news, sports, weather, and other programming containing
content relevant to a consumer's daily life) originating from and
about the DMA in which a consumer resides, but also television
programming originating from and about the State in which a consumer
resides.
The Committee also intends that the analysis concerning
alternatives to the DMA system should explore in detail the merits
and advantages to those alternatives to consumers, and not just the
impact those alternatives may have on broadcast television.
3. To prepare the STELAR Section 109 Report, we seek comment on the
appropriate methodologies and data sources, as well as the submission
of data and information, to analyze the extent consumers have access to
broadcast stations located outside their local markets. We ask
commenters to identify technologically and economically feasible
alternatives to DMAs that would provide more programming options and
the potential impact of such alternatives on localism and on broadcast
television locally, regionally, and nationally. We also ask commenters
to provide recommendations that would foster localism in counties
served by out-of-State DMAs and the impact of such recommendations as
required under Section 109(b).
Data Analysis--Section 109(a)(1)(A)
4. Section 109(a)(1)(A) requires the Commission to analyze the
extent to which consumers in each local market have access to broadcast
programming from television broadcast stations located outside their
local markets, including through carriage by cable operators and
satellite carriers of signals that are significantly viewed (within the
meaning of section 340 of the Communications Act of 1934 (47 U.S.C.
340)). We interpret Section 109(a)(1)(A) to require the Commission to
identify in each DMA the out-of-market broadcast stations available
over-the-air or carried by DBS, cable, and telephone MVPDs, and the
number of consumers that have access to each out-of-market broadcast
station through any of these distribution means. In 2011, pursuant to
STELA, the Commission reported to Congress regarding the extent that
consumers in a State receive broadcast signals from stations licensed
to another State as well as the extent to which consumers have access
to in-State broadcast programming, among other things. While the focus
of the Report to Congress pursuant to Section 304 of the Satellite
Extension and Localism Act of 2010 (2011 STELA Report) differed
somewhat from the requirements of Section 109, it provided information
about consumer access to out-of-State and out-of-DMA broadcast
stations. We believe, however, that information at the DMA level, as
contained in the 2011 STELA Report, may not be fully responsive to
Congress' directive in STELAR. We note that Section 109(a)(2) seeks
recommendations to foster localism in counties served by out-of-State
DMAs. Thus, we believe we should report data on out-of-market broadcast
stations on a county basis within each DMA. We request comment on this
belief and input on additional data and analysis that would be fully
responsive.
5. Section 109(a)(1)(A) requires us to consider access to broadcast
programming, including through DBS and cable carriage. We seek comment
on the appropriate methodologies and submission of essential data for
the analysis. Do data exist that would allow us to determine consumer
access to out-of-market broadcast programming from one source
regardless of distribution technology? In the absence of one data
source, we tentatively conclude that we should consider the
availability of broadcast stations over-the-air by calculating the
number of housing units in each DMA reached by the predicted broadcast
signal contour of each out-of-market broadcast station, as we did in
the 2011 STELA Report. We seek comment on this tentative conclusion.
6. We believe we have access to comprehensive data for analysis of
DBS carriage and over-the-air reception of out-of-market broadcast
stations. We note that Section 108 of STELAR requires DBS carriers to
provide data regarding satellite carriage of broadcast stations and
that these data should be useful for this report. We seek comment on
whether the Section 108 reports DBS operators submit are sufficient for
this purpose. Will these reports include the carriage of significantly
viewed signals that we must take into consideration?
7. With respect to cable and telephone MVPD carriage of out-of-
market broadcast stations, we seek comment on what data are available
that would be adequate for such analysis and what methodology we could
use to analyze the available data. In 2011, pursuant to STELA, the
Bureau was unable to provide separate data for cable and telephone
MVPDs, and therefore instead the Bureau used Nielsen data to identify
for each DMA the out-of-market broadcast television stations that
earned a cumulative rating of at least 2.5 percent from all sources.
Are comprehensive data available that would enable us to determine for
each county in each DMA the out-of-market broadcast stations carried by
each cable and telephone MVPD? In the absence of such data, we seek
comment on the use of Nielsen data and the methodology used for the
2011 STELA Report. What other options are available to the Commission
to analyze this question?
8. In this regard, we note that the Commission collects cable
system data in its Annual Report of Cable Television Systems (FCC Form
325) and in its Annual Report on Cable Prices, but these data are not
comprehensive. Only a limited number of cable systems must file FCC
Form 325. All cable systems with more than 20,000 subscribers are
subject to the reporting requirement as are a sample of cable systems
with fewer than 20,000 subscribers. Other than on a sample basis, cable
systems with fewer than 20,000 subscribers, however, are not required
to report information to the Commission. Also, many rural counties of
interest to the STELAR Section 109 Report may be served by cable
systems not subject to the requirement.
9. Cable systems subject to the FCC Form 325 reporting requirement
provide
[[Page 17747]]
the Commission with a list of the broadcast stations carried by each
reporting system. The geographic configuration of a cable system is
determined by its physical system, which consists of a cable system
technically integrated to a principal headend. Cable system data are
provided for the entire system. The data do not correspond to census
blocks, counties, DMAs, or other common geographic units and,
therefore, cannot be aggregated or disaggregated to provide estimates
for those geographic units or households. Thus, the data cable
companies provide to the Commission do not permit analysis on a
comparable geographic basis to data available for over-the-air
broadcast stations, DBS carriage of broadcast stations, or the Bureau
of the Census household data.
10. The Commission publishes annually a cable price report, which
collects a listing of broadcast stations carried by a random sample of
cable operators. According to the Bureau's most recent report, over
33,000 communities are served by cable operators. The report, however,
included information on only 800 communities. As such, it does not
provide comprehensive data and many rural counties of interest to the
STELAR Section 109 Report may be served by cable operators not included
in the Commission's cable price report. We seek comment on the
availability of other more comprehensive data sources that might be
available to the Commission to perform the required analysis.
11. In the absence of comprehensive data, we propose including case
studies for specific counties where commenters have indicated a lack of
local programming. In 2011, pursuant to STELA, the Bureau undertook a
number of case studies for specific counties in which commenters
indicated a lack of in-State broadcast programming. For each case, the
Bureau examined the extent to which consumers had access to in-State
programming over the air, from cable operators and from DBS operators
on a county basis within each relevant DMA. The Bureau described the
availability of in-State broadcast stations and the carriage of in-
State stations by DBS operators and cable systems. For cable system
information, the Bureau identified the cable systems in the counties
and communities under study using the Commission's Cable Operations and
Licensing System. To determine the carriage of in-State broadcast
stations, the Bureau used cable operators' 2010 FCC Form 325
submissions, to the extent they were available, and publicly available
information, including the Warren Television & Cable Factbook data and
the Web sites of individual cable systems.
12. For each case study for the STELAR Section 109 Report, we
propose to examine, using the best available information, the extent to
which consumers have access to out-of-market broadcast programming from
DBS, cable, and telephone MVPDs, and over the air. We seek comment on
the use of case studies for our report. Is there a better approach to
case studies? We seek data, information, and comment for the analysis
of cable and telephone MVPD carriage of out-of-market broadcast
stations.
13. Out-of-market broadcast stations may provide multiple
programming streams. Should the STELAR Section 109 Report include all
out-of-market broadcast programming? We seek comment on the appropriate
methodologies and the availability of data for including multiple
programming steams. Are there other mechanisms for carriage that we
should include (e.g., online access to broadcast programming)?
Commenters are asked to consider these issues and to provide any
additional suggestions and data for the quantitative analysis required
for this Report.
Alternatives and Recommendations--Sections 109(a)(1)(B), (a)(2), and
(b)
14. Sections 109(a)(1)(B), (a)(2), and (b) require the Commission
to analyze alternatives to the use of DMAs to define markets and to
make recommendations on how to foster increased localism in counties
served by out-of State DMAs taking into account a number of factors.
Specifically, Section 109(a)(1)(B) requires the Commission to analyze
whether there are technologically and economically feasible
alternatives to the use of designated market areas to define markets
that would provide consumers with more programming options and the
potential impact such alternatives could have on localism and on
broadcast television locally, regionally, and nationally. Section
109(a)(2) requires the Commission to make recommendations on how to
foster increased localism in counties served by out-of-State designated
market areas. Section 109(b) directs the Commission to consider three
enumerated factors related to the impact of DMAs on access to local
programming when making its recommendations.
15. We ask commenters to provide suggested alternatives to the use
of DMAs to define market areas, pursuant to Section 109(a)(1)(B). For
each alternative, we request that commenters explain how the
alternative would provide consumers with more programming options and
what the impact would be on localism and on broadcast television
locally, regionally and nationally. What specific programming options
should we consider in our analysis? For instance, should we consider
news, sports, weather, coverage of State-level politics and government,
or other content relevant to a consumers' daily life, including
advertising from local businesses, and if so how should we identify and
consider such content? Commenters also should address the technological
and economic feasibility of each alternative proposed and provide data
and information on these issues. To analyze the various alternatives,
we request suggestions on how to evaluate and compare the proposed
alternatives for the STELAR Section 109 Report.
16. Section 109(a)(2) requires the Commission to make
recommendations on how to foster increased localism in counties served
by out-of-State DMAs. In making recommendations, Section 109(b)
instructs the Commission to consider: (1) the impact that DMAs that
cross State lines have on access to local programming; (2) the impact
that DMAs have on local programming in rural areas; and (3) the state
of local programming in States served exclusively by out-of-State DMAs.
We seek recommendations that could increase television programming from
and about the DMA, and television programming from and about the State,
in which a consumer resides. We specifically ask commenters to address
the three considerations identified in Section 109(b). In particular,
how do DMAs affect access to local programming for each of the three
areas of concern? To what extent do consumers in DMAs that cross State
lines have access to television programming from and about their State?
How will the proposed recommendations foster increased local
programming for consumers residing in such locations?
17. To assist us in analyzing proposed recommendations that we will
consider including in the STELAR Section 109 Report, we also seek
comment on the effects of each recommendation on consumers, local
broadcast stations, the number of stations that MVPDs would be required
to carry, the advertising market, broadcast network affiliation
agreements and areas of exclusivity. What would be the benefits and
costs of each recommendation? How would the
[[Page 17748]]
proposed recommendation provide consumers with increased local
programming without curtailing the broadcast programming consumers
currently view? Are there other criteria we should consider when
evaluating recommendations to foster increased localism? We seek
comment on these issues and any other comments that address the
requirements of Section 109 of STELAR.
Procedural Matters
18. Comment Information. Pursuant to sections 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy 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. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[ssquf] 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.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
19. For further information about this Public Notice, please
contact Marcia Glauberman at (202) 418-7046, [email protected]
or Dan Bring at (202) 418-2164, [email protected]. Press inquiries
should be directed to Janice Wise at (202) 418-8165,
[email protected].
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2015-07561 Filed 4-1-15; 8:45 am]
BILLING CODE CODE 6712-01-P