[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Rules and Regulations]
[Pages 22652-22653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07968]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MB Docket No. 20-61; DA 20-375; FRS 16638]


Implementation of the Truth-in-Billing Provisions of the 
Television Viewer Protection Act of 2019

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Media Bureau, Federal Communications 
Commission (Commission), grants a blanket extension until December 20, 
2020, of the effective date of new truth-in-billing requirements in the 
Television Viewer Protection Act of 2019.

DATES: This order is effective April 23, 2020.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Order, DA 20-375, adopted and released on April 3, 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 ECFS at https://docs.fcc.gov/public/attachments/DA-20-375A1.doc. 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. As the nation tackles the COVID-19 pandemic, multichannel video 
programming distributors (MVPDs) and providers of fixed broadband 
internet access service are among the entities that are integral to the 
Commission's ongoing, nationwide effort to keep Americans informed and 
connected during this national emergency. So that these service 
providers may focus their resources on this critical effort, we provide 
appropriate flexibility for MVPDs and providers of fixed broadband 
internet access service to fulfill their obligations under the 
Television Viewer Protection Act of 2019 (TVPA). Specifically, by this 
Order, we exercise our discretion under the TVPA to grant a blanket 
extension until December 20, 2020, of the effective date of new truth-
in-billing requirements set forth in section 642 of the Communications 
Act of 1934, as amended (the Act), as added by section 1004 of the 
TVPA.
    2. Section 642 of the Act 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 \1\ and also 
provides 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, 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. On February 27, 2020, the Media Bureau issued a Public Notice 
seeking comment on whether good cause exists for granting a blanket 
extension of section 642's effective date by six months, until December 
20, 2020.\2\
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    \1\ Section 642(a) of the Act, as added by section 1004(a) of 
the TVPA, indicates that information about fees and other charges 
may 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.
    \2\ 85 FR 14869.
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    3. Pursuant to section 1004(b) of the TVPA, we find that good cause 
exists for granting a blanket extension of section 642's effective date 
until December 20, 2020. We note that on March 13, 2020, approximately 
two weeks after issuance of the Public Notice in this proceeding, the 
President declared a national emergency concerning the COVID-19 
pandemic. In view of the evolving and unpredictable nature of the 
pandemic, and the additional demands it is placing on MVPDs and 
providers of fixed broadband internet access service, we find that 
extending section 642's effective date as specified above is both 
reasonable and justified and will best serve the public interest. 
Compliance with the new truth-in-billing requirements in section 642 
may require that subject entities make changes to existing billing 
systems, provide employee training, or take other compliance measures, 
thereby requiring providers to divert resources away from other 
consumer demands brought on by the pandemic. Indeed, we note that these 
service providers are the entities principally responsible for 
operating and maintaining the infrastructure that Americans 
increasingly depend on for continued business and interpersonal 
communications during the national emergency. As such, we believe their 
foremost obligation at this time is to ensure continuity of service 
adequate to meet the nation's needs.\3\ We also conclude, given the 
indefinite length of time of the national emergency, that the public 
interest would be served best by affording subject entities until 
December 20, 2020--the maximum amount of time permitted by the 
statute--to come into compliance with the requirements of section 642. 
Indeed, we note that industry commenters claimed that an extension was 
necessary even if the pandemic had not occurred because six months 
likely would not have provided ample time for subject entities to take 
the steps needed to implement the relevant TVPA requirements.
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    \3\ We note that many MVPDs and providers of fixed broadband 
internet access service recently pledged to ensure connectivity for 
Americans affected by pandemic-related disruptions. In addition, the 
Commission has taken steps to ensure that certain such providers 
have adequate capacity to keep Americans connected during the 
national emergency.
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    4. Moreover, we find that the present national emergency provides 
``good cause'' under the Administrative Procedure Act (APA) for 
extending section 642's effective date without prior notice and 
comment.\4\ As explained above, we have already independently 
determined that the national emergency establishes good cause under 
section 1004(b) of the TVPA to issue a blanket extension of

[[Page 22653]]

section 642's effective date, rendering notice and comment prior to 
extending the effective date ``unnecessary.'' In addition, in light of 
the disruptive effect of the national emergency on the daily activities 
of entities subject to section 642 and other interested parties, and 
the need for MVPDs and providers of fixed broadband internet access 
service to focus their resources on the national emergency, we find 
that delaying relief under the circumstances would not serve the 
purpose of the extension and would fail to yield the public interest 
benefits that notice and comment procedures are designed to produce.\5\
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    \4\ Given the fact that the TVPA expressly anticipates the need 
for the Commission to grant an additional six-month extension of the 
compliance date, we believe our doing so for all affected entities 
is the most efficient use of both agency and industry resources 
given that all such entities face demands brought on by the COVID-19 
pandemic. Indeed, issuing a blanket extension here achieves the same 
result as granting multiple extensions to individual providers in a 
more efficient manner, and thereby avoids delay that could otherwise 
result in an unnecessary diversion of industry and Commission 
resources during this national crisis.
    \5\ Although the pleading cycle for the Public Notice was 
scheduled to conclude on April 13, 2020, given our finding of good 
cause to dispense with public comment, we hereby rescind the Public 
Notice.
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    5. Because this blanket extension does not require notice and 
comment pursuant to the ``good cause'' exception of the Administrative 
Procedure Act, the Regulatory Flexibility Act does not apply.
    6. This Order 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.
    7. The Commission has determined, and the Administrator of the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, concurs that this rule is ``non-major'' under the Congressional 
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of the 
Order to Congress and the Government Accountability Office pursuant to 
5 U.S.C. 801(a)(1)(A).
    8. Accordingly, it is ordered that, 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), section 1004 of the 
Television Viewer Protection Act of 2019, section 553(b)(3)(B) of the 
Administrative Procedure Act, 5 U.S.C. 553, and sections 0.5(c) and 
0.283 of the Commission's rules, 47 CFR 0.5(c), 0.283, this Order is 
adopted. It is further ordered that, pursuant to section 1.113(a) of 
the Commission's rules, 47 CFR 1.113(a), the March 16, 2020 Public 
Notice in MB Docket No. 20-61 is hereby rescinded. It is further 
ordered that this Order shall be effective upon publication in the 
Federal Register.\6\ It is further ordered that, should no petitions 
for reconsideration be timely filed, MB Docket No. 20-61 shall be 
terminated, and its docket closed.
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    \6\ The blanket extension adopted herein serves to ``reliev[e] a 
restriction.'' For similar reasons, there is also good cause to make 
this Order effective upon Federal Register publication, in order to 
provide certainty to affected providers during the current emergency 
as to the effective date of the new requirements.

Federal Communications Commission.
Thomas Horan,
Media Bureau.
[FR Doc. 2020-07968 Filed 4-22-20; 8:45 am]
BILLING CODE 6712-01-P