[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44217-44218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15098]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MB Docket Nos. 17-317 and 17-105, FCC 20-14]


In the Matter of Electronic Delivery of MVPD Communications; 
Modernization of Media Regulation Initiative

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years. the information collection 
requirements associated with the Electronic Delivery of MVPD 
Communications, Modernization of Media Regulation Initiative, Report 
and Order. This document is consistent with the Report and Order, which 
stated that the Commission would publish a document in the Federal 
Register announcing OMB approval and the effective date of the 
information collection requirements.

DATES: The amendatory instruction 2.b., 47 CFR 76.64(h)(5), published 
at 85 FR 22646, April 23, 2020, is effective on July 31, 2020.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Cathy Williams, [email protected], (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on July 7, 
2020, OMB approved the information collection requirements contained in 
the Commission's Report and Order, FCC 20-14, published at 84 FR 22646, 
April 23, 2020. The OMB Control Number is 3060-0844. The Commission 
publishes this document as an announcement of the effective date of the 
information collection requirements.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
July 7, 2020, for the information collection requirements contained in 
the Commission's rules.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Numbers is 3060-0844.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0844.
    OMB Approval Date: July 7, 2020.
    OMB Expiration Date: July 31, 2023.
    Title: Carriage of Transmissions of Television Broadcast Stations: 
Section 76.56(a), Carriage of Qualified Noncommercial Educational 
Stations; Section 76,57, Channel Positioning, Section 76.61(a)(1)-(2), 
Disputes Concerning Carriage, Section 76.64, Retransmission Consent.
    Form Number: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 4,902 respondents and 7,082 responses.
    Estimated Time per Response: 0.5 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this action is contained in Sections 1, 4(i) 
and (j), 325, 338, 614, 615, 631, 632, and 653 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i) and (j), 325, 338, 534, 
535, 551, 552, and 573.
    Total Annual Burden: 4,486 hours.
    Total Annual Cost: No cost.
    Privacy Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: Under Section 614 of the Communications Act and the 
implementing rules adopted by the Commission, commercial TV broadcast 
stations are entitled to assert mandatory carriage rights on cable 
systems located within the station's television market. Under Section 
325(b) of the Communications Act, commercial TV broadcast stations are 
entitled to negotiate with local cable systems for carriage of their 
signal pursuant to retransmission consent agreements in lieu of 
asserting must carry rights. This system is therefore referred to as 
``Must-Carry and Retransmission Consent.'' Under Section 615 of the 
Communications Act, noncommercial educational (NCE) stations are also 
entitled to assert mandatory carriage rights on cable systems located 
within

[[Page 44218]]

the station's market; however, noncommercial TV broadcast stations are 
not entitled to retransmission consent.
    In 2019, the Commission adopted new rules governing the delivery 
and form of carriage election notices. Electronic Delivery of MVPD 
Communications, Modernization of Media Regulation Initiative, MB Docket 
Nos. 17-105, 17-317, Report and Order and Further Notice of Proposed 
Rulemaking, FCC 19-69, 34 FCC Rcd 5922(2019) (2019 Report and Order). 
That decision modernized the carriage election notice rules by moving 
the process online for most broadcasters and multichannel video 
programming distributors (MVPDs), but the Commission sought comment on 
how to apply these updated rules to certain small broadcast stations 
and MVPDs.
    In 2020, the Commission adopted a Report and Order, which is the 
subject of this notice, that resolved the remaining issues regarding 
carriage election notice rules for small broadcast stations and MVPDs. 
Electronic Delivery of MVPD Communications, Modernization of Media 
Regulation Initiative, MB Docket Nos. 17-105, 17-317, Report and Order, 
FCC 20-14, 85 FR 22646 (rel. Feb. 25, 2020) (2020 Report and Order). 
Pursuant to that decision, the obligations of certain small 
broadcasters and MVPDs were slightly modified.
    Specifically, 47 CFR 76.64(h)(5) was amended to require low power 
television stations and non-commercial educational translator stations 
that are qualified under 47 CFR 76.55 and retransmitted by an MVPD to, 
beginning no later than July 31, 2020, respond as soon as is reasonably 
possible to messages or calls from MVPDs that are received via the 
email address or phone number the station provides in the Commission's 
Licensing and Management System (LMS) database.
    In addition, the 2020 Report and Order required that a qualified 
Low Power Television (LPTV) station that changes its carriage election 
send an election change notice to each affected MVPD's carriage 
election-specific email address by the carriage election deadline. Such 
change notices must include, with respect to each station covered by 
the notice: The station's call sign, the station's community of 
license, the DMA where the station is located, the specific change 
being made in election status, and an email address and phone number 
for carriage-related questions. LPTV notices to cable operators need to 
identify specific cable systems for which a carriage election applies 
only if the broadcaster changes its election for some systems of the 
cable operator but not all. In addition, the broadcaster must carbon 
copy [email protected], the Commission's election notice 
verification email inbox, when sending its carriage elections to MVPDs.
    The 2020 Report and Order also required all qualified LPTV 
stations, whether being carried pursuant to must carry or 
retransmission consent, to send an email notice to all MVPDs that are 
or will be carrying the station no later than the next carriage 
election deadline of October 1, 2020. Qualified LPTVs must do so even 
if they are not changing their carriage status from the current 
election cycle. These notifications must be sent to an MVPD's carriage 
election-specific email address, must be copied to 
[email protected], and must include the same information required 
for a change notification except that the notification may simply 
confirm the existing carriage status rather than a change in status.
    Finally, pursuant to the 2020 Report and Order, all qualified NCE 
translator stations must provide email notice to all MVPDs that are or 
will be carrying the translator no later than the next carriage 
election deadline of October 1, 2020. Similar to qualified LPTVs, these 
notifications must be sent to an MVPD's carriage election-specific 
email address, must be copied to [email protected], and must 
include the station's call sign, the station's community of license, 
and the DMA where the station is located and within which it has 
elected to be carried.

Federal Communications Commission.
Marlene Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2020-15098 Filed 7-21-20; 8:45 am]
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