[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Proposed Rules]
[Pages 4039-4040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02314]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[DA 19-25]
Electronic Delivery of MVPD Communications; Modernization of
Media Regulation Initiative
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Media Bureau of the Federal
Communications Commission (FCC or Commission) extends the deadlines for
comment on an industry proposal to revise the carriage election notice
process.
DATES: Submit comments on or before March 18, 2019; reply comments on
or before March 26, 2019.
ADDRESSES: You may submit comments, identified by MB Docket Nos. 17-105
and 17-317, by any of the following methods:
Federal Communications Commission's Website: http://apps.fcc.gov/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 email: [email protected] or phone: 202-418-
0530 or TTY: 888-835-5322.
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 additional information on this
proceeding, contact Varsha Mangal, of the Media Bureau, Video Division,
(202) 418-0073 or [email protected], or Lyle Elder of the Media
Bureau, Policy Division, (202) 418-2365 or [email protected]. Direct
press inquiries to Janice Wise (202) 418-8165; [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's DA 19-
25, adopted and released on January 29, 2019. The full text of this
document is available electronically via the FCC's Electronic Document
Management System (EDOCS) website at http://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic Comment Filing System (ECFS)
website at http://fjallfoss.fcc.gov/ecfs2/. (Documents will be
available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.) This document is also available for public inspection and
copying during regular business hours in the FCC Reference Information
Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th
Street SW, Washington, DC 20554. The Reference Information Center is
open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m.
and Friday from 8:00 a.m. to 11:30 a.m. 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 and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
Synopsis
On December 13, 2018, the Media Bureau released a PN (December PN)
seeking comment on the proposal that was submitted by the National
Association of Broadcasters (NAB) and NCTA--The internet and Television
Association (NCTA) on December 7, 2018 in docket number 17-317 (Joint
Proposal, available online at https://ecfsapi.fcc.gov/file/1207161565486/Ex%20Parte%20Carriage%20Elections%20Notice%20%20NCTA-NAB%2012-7-18.pdf).\1\ The Joint Proposal responds to the Electronic
Delivery of MVPD Subscriber Notification Rules Notice of Proposed
Rulemaking (NPRM) that sought comment, in part, on updating the
requirement that broadcast televisions stations send carriage election
notices via certified mail. In response to the NPRM, several parties
proposed ways to reduce the burden and costs involved in the carriage
election process.
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\1\ Media Bureau Seeks Comment on Industry Proposal for Carriage
Election Notice Modernization, MB Docket No. 17-317, PN, DA 18-1250
(MB December 13, 2018).
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Currently, sections 76.64(h) and 76.66(d) of our rules direct each
television broadcast station to provide notice every three years, via
certified mail, to each cable system or Direct Broadcast Satellite
carrier serving its market regarding whether it is electing to demand
carriage (``must carry'' or ``mandatory carriage''), or to withhold
carriage pending negotiation (``retransmission consent''). The NPRM
sought comment on revising this requirement to permit broadcast
stations to use alternative means of notice.
Under the Joint Proposal,
a commercial broadcast TV station would be required to send notice
of its must carry or retransmission consent election to a cable
operator only if the station changed its election status from its
previous election. In those cases, the broadcaster would send its
notice to an email address listed in the cable operator's online
public file or in the FCC's Cable Operations and Licensing System
(COALS) database, for cable operators that do not have an online
public file.
NAB and NCTA claim that this approach ``would alleviate the burdens
associated with the current notification process and meet the needs of
both broadcasters and cable operators.''
The comment and reply deadlines established by the December PN, as
well as the planned publication of that PN, fell during a lapse in
funding. By operation of the General Counsel's January 28, 2019 Public
Notice, the deadlines for both would have been extended to the same
day--January 30, 2019.\2\ In light of these unique circumstances, the
Media Bureau, on its own motion, further extends the deadlines. We will
publish this PN in the Federal Register and announce the final comment
dates once they are established.
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\2\ Suspension of Filing Deadlines, Public Notice, DA 19-20 (OGC
January 28, 2019).
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We invite the public to comment on the recommended approach in the
Joint Proposal. In particular, we seek comment on whether, and to what
extent, the Commission should adopt these recommendations or any
alternative modifications to the carriage election rules. The
Commission will consider the Joint Proposal and the comments filed in
response to this PN together with the comments and ex partes previously
filed in response to the NPRM in determining what action to take in
this proceeding.
Ex Parte Rules.--Permit-But-Disclose. The proceeding shall be
treated as a
[[Page 4040]]
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules, found at 47 CFR 1.1200 et seq. Persons making ex parte
presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda, or other filings in the proceeding, the presenter may
provide citations to such data or arguments in his or her prior
comments, memoranda, or other filings (specifying the relevant page
and/or paragraph numbers where such data or arguments can be found) in
lieu of summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
Filing Requirements.--Comments and Replies. 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).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
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.
[cir] 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.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[cir] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW, Washington DC 20554.
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, Microsoft Word, and/or Adobe Acrobat.
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 FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY).
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2019-02314 Filed 2-13-19; 8:45 am]
BILLING CODE 6712-01-P