[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11441-11442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03762]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0844; FR ID 128210]


Information Collection Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), the 
Federal Communications Commission (FCC or Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. Comments are 
requested concerning: whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees. The FCC may not conduct or sponsor a collection of 
information unless it displays a currently valid Office of Management 
and Budget (OMB) control number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the PRA that does not display a valid OMB control number.

DATES: Written PRA comments should be submitted on or before April 24, 
2023. If you anticipate that you will be submitting comments but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0844.
    Title: Carriage of the 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.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 370 respondents and 2,550 
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: 2,220 hours.
    Total Annual Cost: No cost.
    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 the station's market; however, noncommercial TV broadcast 
stations *16939 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 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, 2020 WL 948697 (rel. 
Feb. 25, 2020) (2020 Report and Order). Pursuant to that decision, the 
obligations of certain small broadcasters and MVPDs were slightly 
modified.
    This information collection is being revised to reflect the changes 
to 47 CFR 76.64(h) as well as other new obligations adopted in the 2020 
Report and Order, which require review and approval from the Office of 
Management and Budget (OMB).
    47 CFR 76.64(h)(5) is 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.

[[Page 11442]]

    A qualified Low Power Television (LPTV) station that changes its 
carriage election must 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.
    All qualified LPTV stations, whether being carried pursuant to must 
carry or retransmission consent, must 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.
    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

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-03762 Filed 2-22-23; 8:45 am]
BILLING CODE 6712-01-P