[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5543-5545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02552]



47 CFR Parts 27, 54, 73, 74, and 76

[MB Docket No. 17-105; FCC 18-3]

Deletion of Rules Made Obsolete by the Digital Television 

AGENCY: Federal Communications Commission.

ACTION: Final rule.


SUMMARY: In this document, the Federal Communications Commission 
(Commission) eliminates rules that have been made obsolete by the 
digital television transition.

DATES: These rule revisions are effective on February 8, 2018.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Raelynn Remy of the Policy Division, Media Bureau 
at [email protected], or (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (Order), FCC 18-3, adopted and released on January 24, 2018. 
The full text is available for public inspection and copying during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW, Room CY-A257, 
Washington, DC 20554. This document will also be available via ECFS at 
Documents will be available electronically in ASCII, Microsoft Word, 
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. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format), by 
sending an email to [email protected] or calling the Commission's Consumer 

[[Page 5544]]

Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 

Paperwork Reduction Act of 1995 Analysis

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA). In addition, therefore, it does not contain any new or modified 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002.


    1. In this Order, we make non-substantive, editorial revisions to 
parts 27, 54, 73, 74, and 76 of the Commission's rules as part of our 
continuing efforts to modernize our media regulations and eliminate 
unnecessary rules.\1\ These revisions delete rule provisions that are 
without current legal effect and are therefore obsolete.\2\

    \1\ Commission Launches Modernization of Media Regulation 
Initiative, Public Notice, 32 FCC Rcd 4406 (MB 2017).
    \2\ We delegate authority to the Media Bureau to make conforming 
amendments to other Commission rules that cross-reference the rule 
sections deleted in this Order.

    2. We delete rules that impose consumer notification and station 
interference protection obligations relating to the analog-to-digital 
transition for full power television broadcast stations (DTV 
transition), which concluded on June 12, 2009. In particular, we delete 
Sec. Sec.  27.20, 54.418, 73.616(a) and the accompanying Note, 73.674, 
73.3526(e)(11)(iv), 73.3527(e)(13) and 76.1630 of the Commission's 
rules, which are without current legal effect and obsolete. We also 
delete the Note to Sec.  73.625(a)(1), which sets forth outdated DTV 
principal community coverage minimum field strength requirements 
applicable to certain television broadcast licensees.
    3. In addition, we delete rules that were adopted in conjunction 
with full power analog television broadcasting, which is no longer 
permitted. Specifically, we delete Sec. Sec.  73.607, 73.610, 73.611, 
73.671(d), 73.6011, 73.6016, and 74.705 of the Commission's rules, 
which are without current legal effect and obsolete. In addition, we 
amend Sec.  73.606 of our rules by deleting the Table of Allotments 
applicable to full power analog television broadcast service and cross-
referencing Sec.  73.622(i), which sets forth the Post-Transition Table 
of DTV Allotments and is the ``successor regulation'' to Sec.  

    \3\ Section 73.606 (the analog TV Table of Allotments) is 
referenced in the statutory definition of a ``qualified 
noncommercial educational television station'' that qualifies for 
must carry rights, although the statute also refers to ``any 
successor regulation'' to Sec.  73.606. The ``successor regulation'' 
to Sec.  73.606 is Sec.  73.622(i), the Post-Transition Table of DTV 
Allotments. During the post-incentive auction transition process, 
the Commission has explained that it will not use a codified Table 
of Allotments to implement post-auction channel changes and that the 
Media Bureau intends to initiate a proceeding to amend Sec.  73.622 
of the rules to reflect all new full power channel assignments as 
well as NCE status in a revised Table of Allotments.

    4. The rule revisions adopted in this Order are non-substantive, 
editorial revisions. Because these revisions merely eliminate 
provisions that are no longer effective and thus obsolete, we find good 
cause to conclude that notice and comment procedures are unnecessary 
and would not serve any useful purpose. For the same reason, and to 
expedite the elimination of such obsolete references for the benefit of 
the public, we find good cause to make these rule revisions effective 
upon publication in the Federal Register.
    5. Because these rule changes do not require notice and comment, 
the Regulatory Flexibility Act does not apply.
    6. The Commission will send a copy of the Order in a report to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act.
    7. Accordingly, it is ordered that, effective upon publication in 
the Federal Register, parts 27, 54, 73, 74, and 76 of the Commission's 
rules are amended pursuant to the authority contained in sections 4(i) 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r) and in sections 553(b)(3)(B) and 553(d)(3) of the 
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), 553(d)(3).

List of Subjects

47 CFR Parts 27 and 54

    Communications, Communications common carriers, Telecommunications.

47 CFR Parts 73 and 74

    Communications, Television.

47 CFR Part 76

    Cable television, Communications, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 27, 54, 73, 74, and 76 as 


1. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452, unless otherwise noted.

Sec.  27.20  [Removed]

2. Remove Sec.  27.20.


3. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 
254, 303(r), 403, and 1302 unless otherwise noted.

Sec.  54.418  [Removed]

4. Remove Sec.  54.418.


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

    Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.

6. Revise Sec.  73.606 to read as follows:

Sec.  73.606  Table of allotments.

    The table of allotments set forth in Sec.  73.622(i) contains the 
channels designated for the listed communities in the United States, 
its Territories, and possessions. Channels designated with an asterisk 
are assigned for use by noncommercial educational broadcast stations 

Sec. Sec.  73.607, 73.610, and 73.611  [Removed]

7. Remove Sec. Sec.  73.607, 73.610, and 73.611.

Sec.  73.616  [Amended]

8. Amend Sec.  73.616 by removing paragraph (a), redesignating 
paragraphs (b) through (f) as paragraphs (a) through (e), and removing 
the note to Sec.  73.616.

Sec.  73.625  [Amended]

9. Amend Sec.  73.625(a)(1) by removing the note to the paragraph.

Sec.  73.671  [Amended]

10. Amend Sec.  73.671 by removing and reserving paragraph (d).

Sec.  73.674  [Removed]

11. Remove Sec.  73.674.

Sec.  73.3526  [Amended]

12. Amend Sec.  73.3526 by removing paragraph (e)(11)(iv).

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Sec.  73.3527  [Amended]

13. Amend Sec.  73.3527 by removing and reserving paragraph (e)(13).

Sec. Sec.  73.6011 and 73.6016  [Removed]

14. Remove Sec. Sec.  73.6011 and 73.6016.


15. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.

Sec.  74.705  [Removed]

16. Remove Sec.  74.705.


17. The authority citation for part 76 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.

Sec.  76.1630   [Removed]

18. Remove Sec.  76.1630.

[FR Doc. 2018-02552 Filed 2-7-18; 8:45 am]