[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Proposed Rules]
[Pages 14869-14871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05284]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter 1

[MB Docket No. 20-61; DA 20-203]


Media Bureau Seeks Comment on Whether To Extend the Effective 
Date of New Truth-In-Billing Requirements in the Television Viewer 
Protection Act of 2019

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Media Bureau of the Federal 
Communications Commission (Commission) seeks comment on whether good 
cause exists for granting a blanket six-month extension of the 
effective date of new truth-in-billing requirements in the Television 
Viewer Protection Act of 2019, until December 20, 2020.

DATES: Comments are due on or before April 6, 2020; reply comments are 
due on or before April 13, 2020.

ADDRESSES: You may submit comments, identified by MB Docket No. 20-61, 
by any of the following methods:
     Federal Communications Commission's website: http://fjallfoss.fcc.gov/ecfs2/. 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.
     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.
     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.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    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 FURTHER INFORMATION CONTACT: For further information, contact 
Raelynn Remy, [email protected] or (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice, DA 20-
203, released by the Commission's Media Bureau on February 27, 2020. 
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 https://docs.fcc.gov/public/attachments/DA-20-203A1.docx. 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 and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis

    1. On December 20, 2019, Congress enacted the Television Viewer 
Protection Act of 2019 (TVPA),\1\ which added section 642 to Title VI 
of the Communications Act of 1934, as amended (the Act).\2\ Section 642 
requires multichannel video programming distributors (MVPDs) to ``give 
consumers a breakdown of all charges related to the MVPD's video 
service'' before entering into a contract with a consumer for 
service,\3\ and also gives consumers 24 hours in which to cancel such 
service without penalty. In addition, section 642 requires greater 
transparency in electronic bills and prohibits MVPDs and providers of 
fixed broadband internet access service from charging consumers for 
equipment they do not provide. Section 642 of the Act, as added by the 
TVPA, becomes effective June 20, 2020, six months after the date of 
enactment of the TVPA; however, the Commission for ``good cause'' may 
extend the effective date by six months.\4\ In this Public Notice, we 
seek comment on whether, pursuant to section 1004(b) of the TVPA, good 
cause exists for granting a blanket extension of section 642's 
effective date by six months, until December 20, 2020. Parties 
advocating for a blanket extension should explain in detail the bases 
for their assertion that the effective date should be so extended.

[[Page 14870]]

For example, parties seeking an extension could describe the steps they 
need to undertake to update their billing systems in order to provide 
the required information to consumers, the time needed to implement 
such updates, and any associated employee training needed to fulfill 
the new requirements.
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    \1\ The TVPA was enacted as Title X of the ``Further 
Consolidated Appropriations Act, 2020'' (H.R. 1865, 116th Cong.).
    \2\ Although the TVPA amended the Act in other respects, this 
Public Notice concerns only those amendments made by section 1004(a) 
of the TVPA.
    \3\ Section 642(a) of the Act, as added by section 1004(a) of 
the TVPA, indicates that information about fees and other charges 
can be provided by phone, in person, online, or by other reasonable 
means, and that a copy of this information must be sent to consumers 
by email, online link, or other reasonably comparable means not 
later than 24 hours after entering into a contract.
    \4\ See TVPA, section 1004(b) (``Section 642 of the [Act] . . . 
shall apply beginning on the date that is 6 months after the date of 
the enactment of this Act. The [Commission] may grant an additional 
6-month extension if [it] finds that good cause exists for such . . 
. extension.'').
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Ex Parte Rules

    11. Permit-But-Disclose. The proceeding this Public Notice 
initiates shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules. 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

    12. All filings must be submitted in MB Docket No. 20-61. 
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.
    [ssquf] 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 Street 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.
    13. 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.
    14. 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 & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (TTY).

Additional Information

    15. For further information, contact Raelynn Remy, 
[email protected] or (202) 418-2120.

Initial Regulatory Flexibility Act Analysis

    16. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) concerning the possible significant 
economic impact on small entities from any rules that may result from 
the attached Public Notice. Written public comments are requested on 
this IRFA. Comments must be identified as responses to the IRFA and 
must be filed by the deadlines for comments provided on the first page 
of the Public Notice. The Commission will send a copy of the Public 
Notice, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA). In addition, the Public Notice and 
IRFA (or summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    17. In the attached Public Notice, we seek comment on whether, 
pursuant to section 1004(b) of the Television Viewer Protection Act of 
2019 (TVPA), good cause exists for granting a blanket extension of 
section 642's effective date by six months, until December 20, 2020. On 
December 20, 2019, Congress enacted the TVPA, which added section 642 
to Title VI of the Communications Act of 1934, as amended (the Act). 
Section 642 requires multichannel video programming distributors 
(MVPDs) to ``give consumers a breakdown of all charges related to the 
MVPD's video service'' before entering into a contract with a consumer 
for service, and also gives consumers 24 hours in which to cancel such 
service without penalty. In addition, section 642 requires greater 
transparency in electronic bills and prohibits MVPDs and providers of 
fixed broadband internet access service from charging consumers for 
equipment they do not provide. Section 642 of the Act, as added by the 
TVPA, becomes effective June 20, 2020, six months after the date of 
enactment of the TVPA; however, the Commission for ``good cause'' may 
extend the effective date by six months.

B. Legal Basis

    18. The proposed action is authorized pursuant to sections 4(i), 
4(j), and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 154(j), 303(r), and section 1004 of the

[[Page 14871]]

Television Viewer Protection Act of 2019.

C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    19. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act.\5\ A small business concern is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA. Below, we 
provide a description of such small entities, as well as an estimate of 
the number of such small entities, where feasible.
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    \5\ Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
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 Cable Companies and Systems (Rate Regulation Standard)
 Cable System Operators (Telecommunications Act Standard)
 Open Video Services
 Satellite Master Antenna Television (SMATV) Systems, also 
known as Private Cable Operators (PCOs)
 Direct Broadcast Satellite (DBS) Service
 Wired Telecommunications Carriers
 Local Exchange Carriers (LECs)
 Incumbent Local Exchange Carriers (incumbent LECs)
 Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers
 Interexchange Carriers (IXCs)
 Operator Service Providers (OSPs)
 Other Toll Carriers
 Wireless Telecommunications Carriers (except Satellite)
 Wireless Communications Services
 Wireless Telephony
 Broadband Personal Communications Service
 Specialized Mobile Radio Licenses
 Lower 700 MHz Band Licenses
 Upper 700 MHz Band Licenses
 700 MHz Guard Band Licensees
 Air-Ground Radiotelephone Service
 AWS Services (1710-1755 MHz and 2110-2155 MHz bands (AWS-1); 
1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands 
(AWS-2); 2155-2175 MHz band (AWS-3))
 Fixed Microwave Services
 Broadband Radio Service and Educational Broadband Service
 Satellite Telecommunications
 All Other Telecommunications

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    20. The Public Notice does not propose to adopt any reporting or 
recordkeeping requirements, but instead seeks comment on whether to 
grant a blanket extension of time to come into compliance with certain 
statutory requirements. Specifically, it seeks comment on whether, 
pursuant to section 1004(b) of the TVPA, good cause exists for granting 
a blanket extension of section 642's effective date by six months, 
until December 20, 2020.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    21. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): ``(1) 
the establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance, rather than design standards; and 
(4) an exemption from coverage of the rule, or any part thereof, for 
small entities.''
    22. The Public Notice seeks comment on whether, pursuant to section 
1004(b) of the TVPA, good cause exists for granting a blanket extension 
of section 642's effective date by six months, until December 20, 2020. 
Section 642 requires MVPDs to ``give consumers a breakdown of all 
charges related to the MVPD's video service'' before entering into a 
contract with a consumer for service, and also gives consumers 24 hours 
in which to cancel such service without penalty. In addition, section 
642 requires greater transparency in electronic bills and prohibits 
MVPDs and providers of fixed broadband internet access service from 
charging consumers for equipment they do not provide. Section 642 of 
the Act, as added by the TVPA, becomes effective June 20, 2020, six 
months after the date of enactment of the TVPA; however, the Commission 
for ``good cause'' may extend the effective date by six months. The 
Commission will consider the record in response to the Public Notice in 
determining whether there is good cause for a blanket extension, and 
the Public Notice indicates that parties advocating for a blanket 
extension, including small entities, should explain in detail the bases 
for their assertion that the effective date should be so extended. The 
Public Notice notes that, for example, parties seeking an extension 
could describe the steps they need to undertake to update their billing 
systems in order to provide the required information to consumers, the 
time needed to implement such updates, and any associated employee 
training needed to fulfill the new requirements. Extending the 
effective date of section 642 could reduce the economic impact of that 
provision by affording affected small entities additional time to come 
into compliance with the requirements set forth therein. We invite 
comment on the economic impact of our proposals on small entities, and 
on how the Commission could minimize any potential burdens on such 
entities.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    23. None.
    24. We adopt this Public Notice pursuant to the authority found in 
sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 154(j), 303(r), and section 1004 of the 
Television Viewer Protection Act of 2019.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2020-05284 Filed 3-13-20; 8:45 am]
BILLING CODE 6712-01-P