[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66186-66188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26101]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 05-311; DA 19-1191]


Media Bureau Seeks Comment on NCTA Petition for Clarification of 
Order Denying Motion for Stay of Section 621 Third Report and Order

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: NCTA--The Internet & Television Association (NCTA) has filed 
with the Commission a Petition for Clarification of the Media Bureau's 
Order Denying Motion for Stay of the Commission's Third Report and 
Order in the proceeding referenced above. In this document, the Media 
Bureau gives public notice of that Petition and seeks comment on it.

DATES: Comments due by December 6, 2019; reply comments due by December 
13, 2019.

[[Page 66187]]


ADDRESSES: You may send comments, identified by MB Docket No. 05-311, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Website: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: 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.
     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).
    For detailed instructions for submitting comments, see the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Raelynn Remy of the Media Bureau, 
Federal Communications Commission, at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 19-1191, released on November 18, 2019. The full text of 
this document is available electronically via the FCC's Electronic 
Document Management System (EDOCS) website at https://docs.fcc.gov/public/attachments/DA-19-1191A1.doc. 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 November 15, 2019, NCTA--The Internet & Television Association 
(NCTA) filed a Petition for Clarification of the Media Bureau's Order 
Denying Motion for Stay of the Commission's Third Report and Order \1\ 
in the above-referenced proceeding. In its Petition, NCTA requests that 
the Bureau clarify ``certain language in [p]aragraph 21 of the Stay 
Denial Order [that] creates the potential for confusion and the 
appearance of a conflict with the Third Report and Order.'' In 
particular, NCTA asserts that the Bureau's statements in paragraph 21 
that ``[t]he rules in the [Third Report and Order] did not supersede 
provisions in existing franchise agreements on their effective date'' 
and ``[i]f negotiations fail, the terms in the franchise remain in 
effect unless and until a cable operator challenges those terms and 
proves that the terms violate the [Third Report and Order's] 
requirements'' could be interpreted in a way that ``conflict[s] with 
the Third Report and Order's plain directives and require[s] procedures 
not mandated by the Commission.'' NCTA asks that the Bureau address 
this apparent conflict with the Third Report and Order by removing the 
relevant statements from the Stay Denial Order.
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    \1\ 84 FR 44725, Aug. 27, 2019.
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    We issue this Public Notice to seek comment on the Petition. All 
filings in response to this Public Notice must reference MB Docket No. 
05-311. Comments on the Petition must be filed by December 6, 2019; 
reply comments must be filed by December 13, 2019.
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    [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 9050 Junction Drive, 
Annapolis Junction, MD 20701.
    [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).
    Filings are also available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street SW, Room CY-A257, Washington, DC 20554, telephone 
(202) 418-0270.
    This proceeding is treated as a ``permit-but-disclose'' proceeding 
in accordance with the Commission's ex parte rules.\2\ 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

[[Page 66188]]

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.
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    \2\ Id. Sec. Sec.  1.1200 et seq.

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Federal Communications Commission.

Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2019-26101 Filed 12-2-19; 8:45 am]
 BILLING CODE 6712-01-P