[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51267-51269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17734]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 64 and 76

[GN Docket No. 17-142, FCC 22-12, FRID 101044]


Improving Competitive Broadband Access to Multiple Tenant 
Environments

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of compliance 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, a disclosure requirement 
associated with the Commission's 2022 Multiple Tenant Environments 
(MTE) Order, FCC 22-12, in which the Commission, among other actions, 
required disclosure of certain exclusive marketing agreements on 
written marketing materials directed at tenants or prospective tenants 
of a multiple tenant environment. This document is consistent with the 
2022 MTE Order, which stated that the Commission would publish a 
document in the Federal Register announcing the compliance date of 
these rules.

DATES: Effective: This rule is effective August 22, 2022.
    Compliance dates: Compliance for new contracts under Sec. Sec.  
64.2500(e) and 47 CFR 76.2000(d) is required as of August 22, 2022. 
Compliance for existing contracts under Sec. Sec.  64.2500(e) and 
76.2000(d) is required as of September 26, 2022.

FOR FURTHER INFORMATION CONTACT: Jesse Goodwin, Competition Policy 
Division, Wireline Competition Bureau,

[[Page 51268]]

(202) 418-0958, or email [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on July 25, 
2022, OMB approved, for a period of three years, the information 
collection requirements relating to Sec. Sec.  64.2500 and 76.2000 of 
the Commission's rules, as contained in the Commission's 2022 MTE 
Order, FCC 22-12, published at 87 FR 17181 on March 28, 2022. The OMB 
Control Number is 3060-1305.
    The Commission publishes this document as an announcement of the 
compliance date of the rules. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact 
Nicole Ongele, Federal Communications Commission, 45 L Street NE, 
Washington, DC 20002. Please include the OMB Control Number, 3060-1305, 
in your correspondence. The Commission will also accept your comments 
via email at [email protected].
    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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

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 25, 2022 for the information collection requirements contained in 
the Commission's modifications to the Commission's rules in 47 CFR 
parts 64 and 76. Under 5 CFR part 1320, an agency may not conduct or 
sponsor a collection of information unless it displays a current, valid 
OMB Control Number. 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 Number is 3060-1305.
    The foregoing notification 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: 3060-1305.
    OMB Approval Date: July 25, 2022.
    Expiration Date: July 31, 2025.
    Title: Required Disclosure of Exclusive Marketing Arrangements in 
MTEs, Rule Sections 64.2500(e) and 76.2000(d).
    Form Number: N/A.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 515 respondents; 24,000,000 
responses.
    Estimated Time per Response: 3 hours.
    Frequency of Response: Third-party disclosure requirement.
    Total Annual Burden: 1,545 hours.
    Total Annual Cost: No cost.
    Obligation to Respond: Mandatory. Statutory authority for this 
information collection is contained in 47 U.S.C. 201(b) and 628(b).
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: No questions of a 
confidential nature are asked.
    Needs and Uses: In Improving Competitive Broadband Access to 
Multiple Tenant Environments, GN Docket No. 17-142, Report and Order 
and Declaratory Ruling, FCC 22-12 (Feb. 11, 2022), the Commission, 
among other things, adopted new rules requiring providers (common 
carriers and multichannel video programming distributors (MVPDs) 
subject to 47 U.S.C. 628(b)) to disclose the existence of exclusive 
marketing arrangements that they have with owners of multi-tenant 
premises (MTEs). An exclusive marketing arrangement is an arrangement, 
either written or in practice, between an MTE owner and a provider that 
gives the provider, usually in exchange for some consideration, the 
exclusive right to certain means of marketing its service to tenants of 
the MTE. The required disclosure must be included on all written 
marketing material from the provider directed at tenants or prospective 
tenants of an MTE subject to the arrangement. The disclosure must 
explain in clear, conspicuous, legible, and visible language that the 
provider has the right to exclusively market its communications 
services to tenants in the MTE, that such a right does not suggest that 
the provider is the only entity that can provide communications 
services to tenants in the MTE, and that service from an alternative 
provider may be available. The purposes of the compelled disclosure are 
to remedy tenant confusion regarding the impact of exclusive marketing 
arrangements, prevent the evasion of our exclusive access rules, and, 
in turn, promote competition for communications services in MTEs.

List of Subjects

47 CFR Part 64

    Communications common carriers, internet, Reporting and 
recordkeeping requirements, Telecommunications.

47 CFR Part 76

    Administrative practice and procedure, Communications, internet, 
Reporting and recordkeeping requirements, Satellite, 
Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

    For the reasons set forth in the preamble, the Federal 
Communications Commission amends parts 64 and 76 of title 47 of the 
Code of Federal Regulations as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise 
noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.

0
2. Amend Sec.  64.2500 by revising paragraphs (e)(2)(i) and (ii) to 
read as follows:


Sec.  64.2500  Prohibited agreements and required disclosures.

* * * * *
    (e) * * *
    (2) * * *
    (i) Compliance date for new contracts. After August 22, 2022, a 
common carrier shall disclose the existence of any contract entered 
into on or after April 27, 2022, regarding the provision of 
communications service in a multiunit premise, written or oral, in 
which it receives the exclusive right to market its service to tenants 
of a multiunit premise.
    (ii) Compliance date for existing contracts. After September 26, 
2022, a common carrier shall disclose the existence of any contract in 
existence as of April 27, 2022, regarding the provision of 
communications service in a multiunit premise, written or oral, in 
which it receives the exclusive right to market its service to tenants 
of a multiunit premise.
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
3. The authority citation for part 76 continues to read as follows:


[[Page 51269]]


    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.

0
4. Amend Sec.  76.2000 by revising paragraphs (d)(2)(i) and (d)(2)(ii) 
to read as follows:


Sec.  76.2000  Exclusive access to multiple dwelling units generally.

* * * * *
    (d) * * *
    (2) * * *
    (i) Compliance date for new contracts. After August 22, 2022, a 
cable operator or other provider of MVPD service subject to 47 U.S.C. 
548 shall disclose the existence of any contract regarding the 
provision of communications service in a MDU, written or oral, in which 
it receives the exclusive right to market its service to tenants of an 
MDU.
    (ii) Compliance date for existing contracts. After September 26, 
2022, a cable operator or other provider of MVPD service subject to 47 
U.S.C. 548 shall disclose the existence of any contract regarding the 
provision of communications service in a MDU, written or oral, in which 
it receives the exclusive right to market its service to tenants of an 
MDU.
* * * * *
[FR Doc. 2022-17734 Filed 8-19-22; 8:45 am]
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