Proposed Rule2022-16248
Update to Publication for Television Broadcast Station DMA Determinations for Cable and Satellite Carriage
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) seeks comment on referencing a new publication for use in determining a television station's designated market area (DMA) for satellite and cable carriage under the Commission's regulations. The current rules require television broadcasters, cable operators, and satellite carriers to determine DMA for carriage election and other purposes by reference to the Nielsen Station Index Directory (Annual Station Index) in combination with the United States Television Household Estimates (Household Estimates), or a successor publication. Nielsen Media Research no longer publishes the Annual Station Index and has replaced it with a monthly Local TV Station Information Report (Local TV Report), which is now the only publication necessary to determine a station's DMA. The Household Estimates publication is no longer in use. First, the Commission seeks comment on whether we should revise our rules to identify the Local TV Report as the successor publication to the Annual Station Index to be used to determine a station's DMA. Second, because the Local TV Report is published monthly rather than yearly as the Annual Station Index, we seek comment on which Local TV Report should be used for carriage election.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 144 (Thursday, July 28, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Proposed Rules]
[Pages 45288-45295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16248]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 22-239; FCC 22-55; FR ID 98231]
Update to Publication for Television Broadcast Station DMA
Determinations for Cable and Satellite Carriage
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on referencing a new publication for use in
determining a television station's designated market area (DMA) for
satellite and cable carriage under the Commission's regulations. The
current rules require television broadcasters, cable operators, and
satellite carriers to determine DMA for carriage election and other
purposes by reference to the Nielsen Station Index Directory (Annual
Station Index) in combination with the United States Television
Household Estimates (Household Estimates), or a successor publication.
Nielsen Media Research no longer publishes the Annual Station Index and
has replaced it with a monthly Local TV Station Information Report
(Local TV Report), which is now the only publication necessary to
determine a station's DMA. The Household Estimates publication is no
longer in use. First, the Commission seeks comment on whether we should
revise our rules to identify the Local TV Report as the successor
publication to the Annual Station Index to be used to determine a
station's DMA. Second, because the Local TV Report is published monthly
rather than yearly as the Annual Station Index, we seek comment on
which Local TV Report should be used for carriage election.
DATES: Comments are due on or before August 29, 2022; reply comments
are due on or before September 26, 2022.
ADDRESSES: You may submit comments, identified by MB Docket No. 22-239,
by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent 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.
<bullet> 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.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19.\1\
---------------------------------------------------------------------------
\1\ FCC Announces Closure of FCC Headquarters Open Window and
Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 (OMD
2020). See <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
---------------------------------------------------------------------------
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#e2848181d7d2d6a2848181cc858d94"><span class="__cf_email__" data-cfemail="e88e8b8bddd8dca88e8b8bc68f879e">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Kenneth Lewis, <a href="/cdn-cgi/l/email-protection#a9e2ccc7c7ccddc187c5ccdec0dae9cfcaca87cec6df"><span class="__cf_email__" data-cfemail="e3a8868d8d86978bcd8f86948a90a3858080cd848c95">[email protected]</span></a>, of the Media
Bureau, Policy Division, (202) 418-2622. Direct press inquiries to
Janice Wise at (202) 418-8165.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), MB Docket No. 22-239, adopted on July
14, 2022 and released July 14, 2022. The full text of this document is
available electronically via the FCC's Electronic Document Management
System (EDOCS) website at <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>. (Documents will be
available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.) Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to <a href="/cdn-cgi/l/email-protection#680e0b0b5d585c280e0b0b460f071e"><span class="__cf_email__" data-cfemail="066065653336324660656528616970">[email protected]</span></a> or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
Synopsis
I. Introduction
1. In this Notice of Proposed Rulemaking, we seek comment on
referencing Nielsen's Local TV Station Information Report (Local TV
Report) for use in determining a television station's designated market
area (DMA)
[[Page 45289]]
for satellite and cable carriage under the Commission's regulations.
The Nielsen Company has notified the Commission that its Nielsen Media
Research division will no longer publish the annual Nielsen Station
Index Directory (Annual Station Index), which has been used in
combination with the Nielsen Station Index and United States Television
Household Estimates (Household Estimates), to determine a station's DMA
for local television stations seeking carriage. Nielsen has stated that
the information contained in the Annual Station Index is now in the
Local TV Report, which is published monthly. Thus, the Local TV Report
is now the only publication necessary to determine a station's DMA. The
Household Estimates publication is no longer in use. In the discussion
below, we tentatively conclude that we should revise our rules to
identify the Local TV Report as the successor publication to be used to
determine a station's DMA. However, the Local TV Report excludes low-
power and Class A Class A stations that fail to meet its de minimis
audience threshold, but Nielsen is able to generate upon request for
subscribers a report that contains all low-power and Class A stations.
Although DMA determinations are not relevant for low-power and Class A
station carriage, we ask whether a Nielsen generated report containing
all low-power and Class A station upon request of subscribers is
sufficient, or whether there other publications that could publicly
provide this information?
II. Background
2. Pursuant to the Act, and the implementing rules adopted by the
Commission, commercial television broadcast stations are entitled to
assert mandatory carriage rights on cable systems located within their
market. Similarly, section 338 of the Act requires satellite carriers
to carry on request all local television broadcast stations' signals in
local markets in which the satellite carrier carries at least one local
television broadcast signal pursuant to the statutory copyright
license. A station's market for cable and satellite carriage is its
DMA, as defined by The Nielsen Company's Annual Station Index and
Household Estimates ``or any successor publications.'' The implementing
regulations also specify which edition of the Annual Station Index is
to be used for each election cycle (specifically, the one published the
year prior to the election).
3. The Nielsen Company informed the Commission in a letter that the
Annual Station Index would no longer be published and that it would be
replaced with the Local TV Report that generally contains the same
information as the Annual Station Index and is simply published monthly
rather than annually. However, Nielsen also stated that one noted
difference between the Annual Station Index and the Local TV Report is
that the latter includes low-power and Class A television stations only
if they reach a de minimis average audience size threshold. Nielsen
also informed the Commission that the Household Estimates publication
is no longer in use.
III. Discussion
4. As an initial matter, we seek comment on whether the rule should
be amended to reference the Local TV Report as the successor to the
Annual Station Index and Household Estimates for purposes of
determining DMA for carriage elections. We also seek comment on whether
the October Local TV Report published two years prior to each triennial
carriage election should be used to allow for an apples-to-apples
comparison with the data from the Annual Station Index. Or,
alternatively, should we consider a Local TV Report that is published
closer in time to each triennial carriage election?
5. As previously noted above, the Local TV Report includes low-
power and Class A television stations only if they meet a certain de
minimis average audience size threshold. As also noted, DMA is not
relevant for low-power and Class A carriage. Nevertheless, the omission
of all low-power and Class A stations from the Local TV Report is a
change from the Annual Station Index. However, Nielsen has stated that
it still gathers this information for all television stations and can
generate a report upon request for subscribers that would include all
low-power and Class A stations other than those already identified in
the Local TV Report.\2\ We seek comment on whether Nielsen's generation
of a report at the request of subscribers is sufficient? If obtaining
any necessary information from Nielsen in this manner is not
sufficient, are there other publications that could publicly provide
this information? We also seek comment on any other differences between
Nielsen's Station Index Directory and Local TV Report that we should
take into account as we update these rules?
---------------------------------------------------------------------------
\2\ Nielsen Letter at 2 and Nielsen Letter Addenda.
---------------------------------------------------------------------------
6. We further seek comment on whether there any other rules that we
should consider updating in light of Nielsen's publication changes?
Although we note that the Commission's carriage election rules
discussed herein appear to be the only Commission rules that expressly
reference the Annual Station Index and Household Estimates, changing
how we determine DMA in this context will impact other statutory and
rule provisions relating to carriage.\3\ We tentatively conclude that
the publication or publications ultimately selected in this proceeding
will also be used to define ``local market'' as contemplated in these
other statutory provisions and rules. We seek comment on this tentative
conclusion.
---------------------------------------------------------------------------
\3\ See, e.g., 47 U.S.C. 325(b)(7)(E) (retransmission consent);
47 U.S.C. 339(d)(1) (carriage of distant signals by satellite
carriers); 47 U.S.C. 340(i)(1) (significantly viewed); 47 CFR
76.54(e) (significantly viewed); 47 CFR 76.65(b)(3)(i)
(retransmission consent); 47 CFR 73.683(f) (field strength
contours). These statutory and rule provisions incorporate or
reference the definition of ``local market'' in either the carriage
election rules (see infra Appendix A) or 17 U.S.C. 122(j) (see supra
note 2).
---------------------------------------------------------------------------
IV. Procedural Matters
A. Initial RFA Analysis
7. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\4\ the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies proposed in
the Notice of Proposed Rulemaking (NPRM). 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 on the NPRM
provided on the first page of the NPRM. The Commission will send a copy
of this entire NPRM, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration (SBA).\5\ In addition,
the NPRM and the IRFA (or summaries thereof) will be published in the
Federal Register.\6\
---------------------------------------------------------------------------
\4\ 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, was amended by
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\5\ 5 U.S.C. 603(a).
\6\ Id.
---------------------------------------------------------------------------
1. Need for, and Objectives of, the Proposed Rule Changes.
8. In this Notice of Proposed Rulemaking (NPRM), we seek comment on
adoption of a new publication for use in determining a television
station's designated market area (DMA) for satellite and cable carriage
under the Commission's regulations. The Nielsen Company has notified
the Commission that its Nielsen Media Research division will no longer
publish an annual Station Index Directory (Annual Station Index). Under
our rules, this publication has
[[Page 45290]]
been used, along with the Nielsen Station Index United States
Television Household Estimates (Household Estimates), to determine a
station's DMA for local television stations seeking carriage on
satellite and cable systems.\7\ The Annual Station Index has been
replaced with a monthly Local TV Station Information Report (Local TV
Report), which contains all the information necessary to determine a
television station's DMA.\8\ We tentatively conclude that we should
amend our rules to eliminate reference to the Annual Station Index and
the Household Estimates and instead determine DMA assignments for
carriage purposes by reference to the Local TV Report, and seek comment
on this tentative conclusion. We also seek comment on whether we should
direct parties to refer to the Local TV Report published in the October
two years prior to each triennial carriage election, or one published
in a different month or year or closer to the time period of the
election. We seek to amend our rules to replace the Annual Station
Index and the Household Estimates with a ``successor publication'' that
is consistent with the Act and our rules and that provides similarly
useful information for parties engaged in the retransmission consent-
mandatory carriage election cycle.
---------------------------------------------------------------------------
\7\ Letter from Michael Nilsson, Harris, Wiltshire & Grannis
LLP, Counsel to the Nielsen Company, to Evan Baranoff, Attorney
Advisor, Media Bureau, Policy Division, Federal Communications
Commission (Dec. 15, 2021) (Nielsen Letter).
\8\ Id.
---------------------------------------------------------------------------
2. Legal Basis
9. The proposed action is authorized pursuant to the Communications
Act of 1934, as amended, 47 U.S.C. 151, 152, 154, 303, 325, 335, 338,
339, 340, 403, 534.
3. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
10. The RFA directs agencies to provide a description of and the
number of small entities that may be affected by the proposed rules, if
adopted.\9\ The RFA generally defines the term ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \10\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\11\ 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.\12\ The rules proposed
herein will directly affect small television and radio broadcast
stations. Below, we provide a description of these small entities, as
well as an estimate of the number of such small entities, where
feasible.
---------------------------------------------------------------------------
\9\ 5 U.S.C. 603(b)(3).
\10\ Id. Sec. 601(6).
\11\ Id. Sec. 601(3) (incorporating the definition of ``small
business concern'' in 15 U.S.C. 632). 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.'' Id. Sec. 601(3).
\12\ 15 U.S.C. 632(a)(1). Application of the statutory criteria
of dominance in its field of operation and independence are
sometimes difficult to apply in the context of broadcast television.
Accordingly, the Commission's statistical account of television
stations may be over-inclusive.
---------------------------------------------------------------------------
11. Wired Telecommunications Carriers. The U.S. Census Bureau
defines this industry as establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired communications networks.\13\ Transmission
facilities may be based on a single technology or a combination of
technologies. Establishments in this industry use the wired
telecommunications network facilities that they operate to provide a
variety of services, such as wired telephony services, including VoIP
services, wired (cable) audio and video programming distribution, and
wired broadband internet services.\14\ By exception, establishments
providing satellite television distribution services using facilities
and infrastructure that they operate are included in this industry.\15\
Wired Telecommunications Carriers are also referred to as wireline
carriers or fixed local service providers.\16\
---------------------------------------------------------------------------
\13\ See U.S. Census Bureau, 2017 NAICS Definition, ``517311
Wired Telecommunications Carriers,'' <a href="https://www.census.gov/naics/?input=517311&year=2017&details=517311">https://www.census.gov/naics/?input=517311&year=2017&details=517311</a>.
\14\ Id.
\15\ Id.
\16\ Fixed Local Service Providers include the following types
of providers: Incumbent Local Exchange Carriers (ILECs), Competitive
Access Providers (CAPs) and Competitive Local Exchange Carriers
(CLECs), Cable/Coax CLECs, Interconnected VOIP Providers, Non-
Interconnected VOIP Providers, Shared-Tenant Service Providers,
Audio Bridge Service Providers, and Other Local Service Providers.
Local Resellers fall into another U.S. Census Bureau industry group
and therefore data for these providers is not included in this
industry.
---------------------------------------------------------------------------
12. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small.\17\ U.S. Census Bureau data for 2017 show that
there were 3,054 firms that operated in this industry for the entire
year.\18\ Of this number, 2,964 firms operated with fewer than 250
employees.\19\ Additionally, based on Commission data in the 2021
Universal Service Monitoring Report, as of December 31, 2020, there
were 5,183 providers that reported they were engaged in the provision
of fixed local services.\20\ Of these providers, the Commission
estimates that 4,737 providers have 1,500 or fewer employees.\21\
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
---------------------------------------------------------------------------
\17\ See 13 CFR 121.201, NAICS Code 517311.
\18\ See U.S. Census Bureau, 2017 Economic Census of the United
States, Selected Sectors: Employment Size of Firms for the U.S.:
2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517311, <a href="https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false">https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false</a>.
\19\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard.
\20\ Federal-State Joint Board on Universal Service, Universal
Service Monitoring Report at 26, Table 1.12 (2021),
<a href="https://docs.fcc.gov/pubId.lic/attachments/DOC-379181A1.pdf">https://docs.fcc.gov/pubId.lic/attachments/DOC-379181A1.pdf</a>.
\21\ Id.
---------------------------------------------------------------------------
13. Cable Companies and Systems (Rate Regulation). The Commission
has developed its own small business size standard for the purpose of
cable rate regulation. Under the Commission's rules, a ``small cable
company'' is one serving 400,000 or fewer subscribers nationwide.\22\
Based on industry data, there are about 420 cable companies in the
U.S.\23\ Of these, only five have more than 400,000 subscribers.\24\ In
addition, under the Commission's rules, a ``small system'' is a cable
system serving 15,000 or fewer subscribers.\25\ Based on industry data,
there are about 4,139 cable systems (headends) in the U.S.\26\ Of
these, about 639 have more than 15,000 subscribers.\27\ Accordingly,
the Commission estimates that the majority of cable companies and cable
systems are small.
---------------------------------------------------------------------------
\22\ 47 CFR 76.901(d).
\23\ S&P Global Market Intelligence, S&P Capital IQ Pro, U.S.
MediaCensus, Operator Subscribers by Geography (last visited May 26,
2022).
\24\ S&P Global Market Intelligence, S&P Capital IQ Pro, Top
Cable MSOs 12/21Q (last visited May 26, 2022).
\25\ 47 CFR 76.901(c).
\26\ S&P Global Market Intelligence, S&P Capital IQ Pro, U.S.
MediaCensus, Operator Subscribers by Geography (last visited May 26,
2022).
\27\ S&P Global Market Intelligence, S&P Capital IQ Pro, Top
Cable MSOs 12/21Q (last visited May 26, 2022).
---------------------------------------------------------------------------
14. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, contains a size standard for a
``small cable operator,''
[[Page 45291]]
which is ``a cable operator that, directly or through an affiliate,
serves in the aggregate fewer than one percent of all subscribers in
the United States and is not affiliated with any entity or entities
whose gross annual revenues in the aggregate exceed $250,000,000.''
\28\ For purposes of the Telecom Act Standard, the Commission
determined that a cable system operator that serves fewer than 677,000
subscribers, either directly or through affiliates, will meet the
definition of a small cable operator based on the cable subscriber
count established in a 2001 Public Notice.\29\ Based on industry data,
only four cable system operators have more than 677,000
subscribers.\30\ Accordingly, the Commission estimates that the
majority of cable system operators are small under this size standard.
We note however, that the Commission neither requests nor collects
information on whether cable system operators are affiliated with
entities whose gross annual revenues exceed $250 million.\31\
Therefore, we are unable at this time to estimate with greater
precision the number of cable system operators that would qualify as
small cable operators under the definition in the Communications Act.
---------------------------------------------------------------------------
\28\ 47 U.S.C. 543(m)(2).
\29\ FCC Announces New Subscriber Count for the Definition of
Small Cable Operator, Public Notice, 16 FCC Rcd 2225 (CSB 2001)
(2001 Subscriber Count PN). In this Public Notice, the Commission
determined that there were approximately 67.7 million cable
subscribers in the United States at that time using the most
reliable source publicly available. Id. We recognize that the number
of cable subscribers changed since then and that the Commission has
recently estimated the number of cable subscribers to be
approximately 48.6 million. See Communications Marketplace Report,
GN Docket No. 20-60, 2020 Communications Marketplace Report, 36 FCC
Rcd 2945, 3049, para. 156 (2020) (2020 Communications Marketplace
Report). However, because the Commission has not issued a public
notice subsequent to the 2001 Subscriber Count PN, the Commission
still relies on the subscriber count threshold established by the
2001 Subscriber Count PN for purposes of this rule. See 47 CFR
76.901(e)(1).
\30\ S&P Global Market Intelligence, S&P Capital IQ Pro, Top
Cable MSOs 12/21Q (last visited May 26, 2022).
\31\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's
finding that the operator does not qualify as a small cable operator
pursuant to Sec. 76.901(e) of the Commission's rules. See 47 CFR
76.910(b).
---------------------------------------------------------------------------
15. Direct Broadcast Satellite (``DBS'') Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. DBS is included in the Wired
Telecommunications Carriers industry which comprises establishments
primarily engaged in operating and/or providing access to transmission
facilities and infrastructure that they own and/or lease for the
transmission of voice, data, text, sound, and video using wired
telecommunications networks.\32\ Transmission facilities may be based
on a single technology or combination of technologies.\33\
Establishments in this industry use the wired telecommunications
network facilities that they operate to provide a variety of services,
such as wired telephony services, including VoIP services, wired
(cable) audio and video programming distribution; and wired broadband
internet services.\34\ By exception, establishments providing satellite
television distribution services using facilities and infrastructure
that they operate are included in this industry.\35\
---------------------------------------------------------------------------
\32\ See U.S. Census Bureau, 2017 NAICS Definition, ``517311
Wired Telecommunications Carriers,'' <a href="https://www.census.gov/naics/?input=517311&year=2017&details=517311">https://www.census.gov/naics/?input=517311&year=2017&details=517311</a>.
\33\ Id.
\34\ See id. Included in this industry are: broadband internet
service providers (e.g., cable, DSL); local telephone carriers
(wired); cable television distribution services; long-distance
telephone carriers (wired); closed-circuit television (CCTV)
services; VoIP service providers, using own operated wired
telecommunications infrastructure; direct-to-home satellite system
(DTH) services; telecommunications carriers (wired); satellite
television distribution systems; and multichannel multipoint
distribution services (MMDS).
\35\ Id.
---------------------------------------------------------------------------
16. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small.\36\ U.S. Census Bureau data for 2017 show that
3,054 firms operated in this industry for the entire year.\37\ Of this
number, 2,964 firms operated with fewer than 250 employees.\38\ Based
on this data, the majority of firms in this industry can be considered
small under the SBA small business size standard. According to
Commission data however, only two entities provide DBS service--DIRECTV
(owned by AT&T) and DISH Network, which require a great deal of capital
for operation.\39\ DIRECTV and DISH Network both exceed the SBA size
standard for classification as a small business. Therefore, we must
conclude based on internally developed Commission data, in general DBS
service is provided only by large firms.
---------------------------------------------------------------------------
\36\ See 13 CFR 121.201, NAICS Code 517311.
\37\ See U.S. Census Bureau, 2017 Economic Census of the United
States, Selected Sectors: Employment Size of Firms for the U.S.:
2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517311, <a href="https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false">https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false</a>.
\38\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard.
\39\ See Annual Assessment of the Status of Competition in the
Market for the Delivery of Video Programming, Eighteenth Report,
Table III.A.5, 32 FCC Rcd 568, 595 (Jan. 17, 2017).
---------------------------------------------------------------------------
17. Open Video Services. The open video system (OVS) framework was
established in 1996 and is one of four statutorily recognized options
for the provision of video programming services by local exchange
carriers. The OVS framework provides opportunities for the distribution
of video programming other than through cable systems. OVS operators
provide subscription services and therefore fall within the SBA small
business size standard for the cable services industry, which is
``Wired Telecommunications Carriers.'' \40\ The SBA small business size
standard for this industry classifies firms having 1,500 or fewer
employees as small.\41\ U.S. Census Bureau data for 2017 show that
there were 3,054 firms in this industry that operated for the entire
year.\42\ Of this total, 2,964 firms operated with fewer than 250
employees.\43\ Thus, under the SBA size standard the majority of firms
in this industry can be considered small. Additionally, we note that
the Commission has certified some OVS operators who are now providing
service and broadband service providers (BSPs) are currently the only
significant holders of OVS certifications or local OVS franchises. The
Commission does not have financial or employment information for the
entities authorized to provide OVS however, the Commission believes
some of the OVS operators may qualify as small entities.
---------------------------------------------------------------------------
\40\ See U.S. Census Bureau, 2017 NAICS Definition, ``517311
Wired Telecommunications Carriers,'' <a href="https://www.census.gov/naics/?input=517311&year=2017&details=517311">https://www.census.gov/naics/?input=517311&year=2017&details=517311</a>.
\41\ See 13 CFR 121.201, NAICS Code 517311.
\42\ See U.S. Census Bureau, 2017 Economic Census of the United
States, Selected Sectors: Employment Size of Firms for the U.S.:
2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517311, <a href="https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false">https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false</a>.
\43\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard.
---------------------------------------------------------------------------
18. Wireless Cable Systems--Broadband Radio Service and Educational
Broadband Service. Wireless cable systems use the Broadband Radio
Service (BRS) \44\ and
[[Page 45292]]
Educational Broadband Service (EBS) \45\ to transmit video programming
to subscribers. In connection with the 1996 BRS auction, the Commission
established a small business size standard as an entity that had annual
average gross revenues of no more than $40 million in the previous
three calendar years.\46\ The BRS auctions resulted in 67 successful
bidders obtaining licensing opportunities for 493 Basic Trading Areas
(BTAs). Of the 67 auction winners, 61 met the definition of a small
business. BRS also includes licensees of stations authorized prior to
the auction. At this time, we estimate that of the 61 small business
BRS auction winners, 48 remain small business licensees. In addition to
the 48 small businesses that hold BTA authorizations, there are
approximately 392 incumbent BRS licensees that are considered small
entities.\47\ After adding the number of small business auction
licensees to the number of incumbent licensees not already counted, we
find that there are currently approximately 440 BRS licensees that are
defined as small businesses under either the SBA or the Commission's
rules. In 2009, the Commission conducted Auction 86, the sale of 78
licenses in the BRS areas.\48\ The Commission offered three levels of
bidding credits: (i) a bidder with attributed average annual gross
revenues that exceed $15 million and do not exceed $40 million for the
preceding three years (small business) received a 15 percent discount
on its winning bid; (ii) a bidder with attributed average annual gross
revenues that exceed $3 million and do not exceed $15 million for the
preceding three years (very small business) received a 25 percent
discount on its winning bid; and (iii) a bidder with attributed average
annual gross revenues that do not exceed $3 million for the preceding
three years (entrepreneur) received a 35 percent discount on its
winning bid.\49\ Auction 86 concluded in 2009 with the sale of 61
licenses.\50\ Of the 10 winning bidders, two bidders that claimed small
business status won four licenses; one bidder that claimed very small
business status won three licenses; and two bidders that claimed
entrepreneur status won six licenses.
---------------------------------------------------------------------------
\44\ BRS was previously referred to as Multipoint Distribution
Service (MDS) and Multichannel Multipoint Distribution Service
(MMDS). See Amendment of Parts 21 and 74 of the Commission's Rules
with Regard to Filing Procedures in the Multipoint Distribution
Service and in the Instructional Television Fixed Service and
Implementation of Section 309(j) of the Communications Act--
Competitive Bidding, Report and Order, 10 FCC Rcd 9589, 9593, para.
7 (1995).
\45\ EBS was previously referred to as the Instructional
Television Fixed Service (ITFS). See id.
\46\ 47 CFR 27.1213(a).
\47\ 47 U.S.C. 309(j). Hundreds of stations were licensed to
incumbent MDS licensees prior to implementation of section 309(j) of
the Communications Act of 1934, 47 U.S.C. 309(j). For these pre-
auction licenses, the applicable standard is SBA's small business
size standard of 1,500 or fewer employees.
\48\ Auction of Broadband Radio Service (BRS) Licenses,
Scheduled for October 27, 2009, Notice and Filing Requirements,
Minimum Opening Bids, Upfront Payments, and Other Procedures for
Auction 86, Public Notice, 24 FCC Rcd 8277 (2009).
\49\ Id. at 8296.
\50\ Auction of Broadband Radio Service Licenses Closes, Winning
Bidders Announced for Auction 86, Down Payments Due November 23,
2009, Final Payments Due December 8, 2009, Ten-Day Petition to Deny
Period, Public Notice, 24 FCC Rcd 13572 (2009).
---------------------------------------------------------------------------
19. In addition, the SBA's placement of Cable Television
Distribution Services in the category of Wired Telecommunications
Carriers is applicable to cable-based Educational Broadcasting
Services. Since 2007, these services have been defined within the broad
economic census category of Wired Telecommunications Carriers, which
was developed for small wireline businesses. This category is defined
in paragraph 6, supra. The SBA has developed a small business size
standard for Wired Telecommunications Carriers, which consists of all
such companies having 1,500 or fewer employees.\51\ Census data for
2017 shows that there were 3,054 firms that operated that year. Of this
total, 2,964 operated with fewer than 250 employees.\52\ Thus, under
this size standard, the majority of firms in this industry can be
considered small. In addition to Census data, the Commission's internal
records indicate that as of August 2021, there are 2,451 active EBS
licenses.\53\ The Commission estimates that of these 2,451 licenses,
the majority are held by non-profit educational institutions and school
districts, which are by statute defined as small businesses.\54\
---------------------------------------------------------------------------
\51\ 13 CFR 121.201, NAICS Code 517311.
\52\ United States Census Bureau, Selected Sectors: Employment
Size of Firms for the U.S. 2017, TableID EC1700SIZEEMPFIRM (2017),
<a href="https://data.census.gov/cedsci/table?q=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM">https://data.census.gov/cedsci/table?q=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM</a> (last visited Aug.
9, 2021).
\53\ FCC, Universal Licensing System, <a href="https://wireless2.fcc.gov/UlsApp/UlsSearch/results.jsp">https://wireless2.fcc.gov/UlsApp/UlsSearch/results.jsp</a> (under ``Advanced License Search''
option, select ``ED--Educational Broadband Service,'' ``Active'' and
``Regular'' License, and ``Exclude Leases'' to see search results).
\54\ The term ``small entity'' within SBREFA applies to small
organizations (non-profits) and to small governmental jurisdictions
(cities, counties, towns, townships, villages, school districts, and
special districts with populations of less than 50,000). 5 U.S.C.
601(4)-(6).
---------------------------------------------------------------------------
20. Incumbent Local Exchange Carriers (ILECs) and Small Incumbent
Local Exchange Carriers. Neither the Commission nor the SBA have
developed a small business size standard specifically for incumbent
local exchange carriers. Wired Telecommunications Carriers \55\ is the
closest industry with a SBA small business size standard.\56\ The SBA
small business size standard for Wired Telecommunications Carriers
classifies firms having 1,500 or fewer employees as small.\57\ U.S.
Census Bureau data for 2017 show that there were 3,054 firms in this
industry that operated for the entire year.\58\ Of this number, 2,964
firms operated with fewer than 250 employees.\59\ Additionally, based
on Commission data in the 2021 Universal Service Monitoring Report, as
of December 31, 2020, there were 1,227 providers that reported they
were incumbent local exchange service providers.\60\ Of these
providers, the Commission estimates that 929 providers have 1,500 or
fewer employees.\61\ Consequently, using the SBA's small business size
standard, the Commission estimates that the majority of incumbent local
exchange carriers can be considered small entities.
---------------------------------------------------------------------------
\55\ See U.S. Census Bureau, 2017 NAICS Definition, ``517311
Wired Telecommunications Carriers,'' <a href="https://www.census.gov/naics/?input=517311&year=2017&details=517311">https://www.census.gov/naics/?input=517311&year=2017&details=517311</a>.
\56\ See 13 CFR 121.201, NAICS Code 517311.
\57\ Id.
\58\ See U.S. Census Bureau, 2017 Economic Census of the United
States, Selected Sectors: Employment Size of Firms for the U.S.:
2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517311, <a href="https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false">https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false</a>.
\59\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard.
\60\ Federal-State Joint Board on Universal Service, Universal
Service Monitoring Report at 26, Table 1.12 (2021), <a href="https://docs.fcc.gov/public/attachments/DOC-379181A1.pdf">https://docs.fcc.gov/public/attachments/DOC-379181A1.pdf</a>.
\61\ Id.
---------------------------------------------------------------------------
21. Competitive Local Exchange Carriers (CLECs), Competitive Access
Providers (CAPs), Shared-Tenant Service Providers, and Other Local
Service Providers. Neither the Commission nor the SBA has developed a
size standard for small businesses specifically applicable to local
exchange services. Providers of these services include several types of
competitive local exchange service providers.\62\ Wired
Telecommunications Carriers \63\ is the closest industry with a SBA
small business size standard. The SBA small business size standard for
Wired
[[Page 45293]]
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small.\64\ U.S. Census Bureau data for 2017 show that
there were 3,054 firms that operated in this industry for the entire
year.\65\ Of this number, 2,964 firms operated with fewer than 250
employees.\66\ Additionally, based on Commission data in the 2021
Universal Service Monitoring Report, as of December 31, 2020, there
were 3,956 providers that reported they were competitive local exchange
service providers.\67\ Of these providers, the Commission estimates
that 3,808 providers have 1,500 or fewer employees.\68\ Consequently,
using the SBA's small business size standard, most of these providers
can be considered small entities.
---------------------------------------------------------------------------
\62\ Competitive Local Exchange Service Providers include the
following types of providers: Competitive Access Providers (CAPs)
and Competitive Local Exchange Carriers (CLECs), Cable/Coax CLECs,
Interconnected VOIP Providers, Non-Interconnected VOIP Providers,
Shared-Tenant Service Providers, Audio Bridge Service Providers,
Local Resellers, and Other Local Service Providers.
\63\ See U.S. Census Bureau, 2017 NAICS Definition, ``517311
Wired Telecommunications Carriers,'' <a href="https://www.census.gov/naics/?input=517311&year=2017&details=517311">https://www.census.gov/naics/?input=517311&year=2017&details=517311</a>.
\64\ See 13 CFR 121.201, NAICS Code 517311.
\65\ See U.S. Census Bureau, 2017 Economic Census of the United
States, Selected Sectors: Employment Size of Firms for the U.S.:
2017, Table ID: EC1700SIZEEMPFIRM, NAICS Code 517311, <a href="https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false">https://data.census.gov/cedsci/table?y=2017&n=517311&tid=ECNSIZE2017.EC1700SIZEEMPFIRM&hidePreview=false</a>.
\66\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard.
\67\ Federal-State Joint Board on Universal Service, Universal
Service Monitoring Report at 26, Table 1.12 (2021), <a href="https://docs.fcc.gov/pubId.lic/attachments/DOC-379181A1.pdf">https://docs.fcc.gov/pubId.lic/attachments/DOC-379181A1.pdf</a>.
\68\ Id.
---------------------------------------------------------------------------
22. Television Broadcasting. This industry is comprised of
``establishments primarily engaged in broadcasting images together with
sound.'' \69\ These establishments operate television broadcast studios
and facilities for the programming and transmission of programs to the
public.\70\ These establishments also produce or transmit visual
programming to affiliated broadcast television stations, which in turn
broadcast the programs to the public on a predetermined schedule.
Programming may originate in their own studio, from an affiliated
network, or from external sources. The SBA small business size standard
for this industry classifies businesses having $41.5 million or less in
annual receipts as small.\71\ 2017 U.S. Census Bureau data indicate
that 744 firms in this industry operated for the entire year.\72\ Of
that number, 657 firms had revenue of less than $25,000,000.\73\ Based
on this data we estimate that the majority of television broadcasters
are small entities under the SBA small business size standard.
---------------------------------------------------------------------------
\69\ See U.S. Census Bureau, 2017 NAICS Definition, ``515120
Television Broadcasting,'' <a href="https://www.census.gov/naics/?input=515120&year=2017&details=515120">https://www.census.gov/naics/?input=515120&year=2017&details=515120</a>.
\70\ Id.
\71\ See 13 CFR 121.201, NAICS Code 515120.
\72\ See U.S. Census Bureau, 2017 Economic Census of the United
States, Selected Sectors: Sales, Value of Shipments, or Revenue Size
of Firms for the U.S.: 2017, Table ID: EC1700SIZEREVFIRM, NAICS Code
515120,<a href="https://data.census.gov/cedsci/table?y=2017&n=515120&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePreview=false">https://data.census.gov/cedsci/table?y=2017&n=515120&tid=ECNSIZE2017.EC1700SIZEREVFIRM&hidePreview=false</a>.
\73\ Id. The available U.S. Census Bureau data does not provide
a more precise estimate of the number of firms that meet the SBA
size standard. We also note that according to the U.S. Census Bureau
glossary, the terms receipts and revenues are used interchangeably,
see <a href="https://www.census.gov/glossary/#term_ReceiptsRevenueServices">https://www.census.gov/glossary/#term_ReceiptsRevenueServices</a>.
---------------------------------------------------------------------------
23. The Commission estimates that as of March 2022, there were
1,373 licensed commercial television stations.\74\ Of this total, 1,280
stations (or 93.2%) had revenues of $41.5 million or less in 2021,
according to Commission staff review of the BIA Kelsey Inc. Media
Access Pro Television Database (BIA) on June 1, 2022, and therefore
these licensees qualify as small entities under the SBA definition. In
addition, the Commission estimates as of March 2022, there were 384
licensed noncommercial educational (NCE) television stations, 383 Class
A TV stations, 1,840 LPTV stations and 3,231 TV translator
stations.\75\ The Commission however does not compile, and otherwise
does not have access to financial information for these television
broadcast stations that would permit it to determine how many of these
stations qualify as small entities under the SBA small business size
standard. Nevertheless, given the SBA's large annual receipts threshold
for this industry and the nature of these television station licensees,
we presume that all of these entities qualify as small entities under
the above SBA small business size standard.
---------------------------------------------------------------------------
\74\ Broadcast Station Totals as of March 31, 2022, Public
Notice, DA 22-365 (rel. April 5, 2022) (March 2022 Broadcast Station
Totals PN), <a href="https://www.fcc.gov/document/broadcast-station-totals-march-31-2022">https://www.fcc.gov/document/broadcast-station-totals-march-31-2022</a>.
\75\ Id.
---------------------------------------------------------------------------
24. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations \76\ must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific television broadcast station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any television station from the
definition of a small business on this basis and is therefore possibly
over-inclusive.
---------------------------------------------------------------------------
\76\ ``[Business concerns] are affiliates of each other when one
concern controls or has the power to control the other or a third
party or parties controls or has the power to control both.'' 13 CFR
121.103(a)(1).
---------------------------------------------------------------------------
25. There are also 386 Class A stations.\77\ Given the nature of
these services, the Commission presumes that all of these stations
qualify as small entities under the applicable SBA size standard. In
addition, there are 1,985 LPTV stations and 3,306 TV translator
stations.\78\ Given the nature of these services as secondary and in
some cases purely a ``fill-in'' service, we will presume that all of
these entities qualify as small entities under the above SBA small
business size standard.
---------------------------------------------------------------------------
\77\ Supra note 60 (discussing broadcast station totals as of
March 31, 2021).
\78\ Id.
---------------------------------------------------------------------------
4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
26. The NPRM proposes adoption of an amendment to our rules that
codifies the fact that Nielsen Media Research no longer publishes the
Annual Station Index and has replaced it with the Local TV Report.
Parties will be required to reference this commercial publication to
determine DMA assignments for stations involved in the carriage
election process.
5. Steps Taken To Minimize Significant Impact on Small Entities and
Significant Alternatives Considered
27. 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 or reporting requirements under the rule for 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.\79\
---------------------------------------------------------------------------
\79\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------
28. These proposals would not impose a negative economic impact on
any small entities because they impose no additional obligations on any
entities. Commission regulations currently require that the Annual
Station Index and Household Estimates ``or its successor publication''
be used for the purpose of determining a local
[[Page 45294]]
broadcast station's DMA. Given that the Annual Station Index will no
longer be published by Nielsen, this proceeding will simply identify
the ``successor publication'' parties are already required to consult.
Nielsen has stated that the relevant information in the Local TV Report
is the same as that previously contained in the Annual Station Index,
so the process of accessing the information should not be any more
burdensome. The proposed rules therefore will not result in any
substantive change in the existing requirements for small entities.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
29. None.
V. Initial Paperwork Reduction Act Analysis
30. This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA).\80\
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.\81\
---------------------------------------------------------------------------
\80\ The Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13, 109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).
\81\ The Small Business Paperwork Relief Act of 2002 (SBPRA),
Public Law 107-198, 116 Stat. 729 (2002) (codified in Chapter 35 of
title 44 U.S.C.). See 44 U.S.C. 3506(c)(4).
---------------------------------------------------------------------------
A. Ex Parte Rules--Permit-But-Disclose
31. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules.\82\
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.
---------------------------------------------------------------------------
\82\ 47 CFR 1.1200 et seq.
---------------------------------------------------------------------------
B. Filing Requirements-Comments and Replies
32. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules,\83\ 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).\84\
---------------------------------------------------------------------------
\83\ 47 CFR 1.415, 1419.
\84\ Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
---------------------------------------------------------------------------
VI. Ordering Clauses
33. It is ordered, pursuant to the authority found in the
Communications Act of 1934, As amended, 47 U.S.C. 151, 152, 154, 303,
325, 335, 338, 339, 340, 403, 534, this Notice of Proposed Rulemaking
is hereby adopted and notice is hereby given of the proposals and
tentative conclusions described in this Notice of Proposed Rulemaking.
34. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 76
Cable television, Communications, Equal employment opportunity,
internet, Reporting and recordkeeping requirements, Satellite, and
Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rule
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 1 as follows:
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
1. The authority citation for part 76 continues to read as follows:
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
2. Section 76.55 is amended by revising and redesignating paragraph
(e)(2) introductory text as paragraph (e)(2)(i) and paragraph (e)(2)(i)
as paragraph (e)(2)(ii) to read as follows:
Sec. 76.55 Definitions applicable to the must-carry rules.
* * * * *
(e) * * *
(2) A commercial broadcast station's market, unless amended
pursuant to Sec. 76.59, shall be defined as its Designated Market Area
(DMA) as determined by Nielsen Media Research and published in its
Nielsen Local TV Station Information Report or any successor
publications.
(i) The applicable DMA list for the 2023 election pursuant to Sec.
76.64(f) will be the DMA assignments specified in the Nielsen October
2021 Local TV Station Information Report, and so forth using the
publications for the October two years prior to each triennial election
pursuant to Sec. 76.64(f).
(ii) [Removed and Reserved]
* * * * *
0
3 . Section 76.66 is amended by revising paragraphs (e)(2) and (3) to
read as follows:
Sec. 76.66 Satellite broadcast signal carriage.
* * * * *
(e) * * *
(2) A designated market area is the market area, as determined by
Nielsen Media Research and published in the 1999-2000 Nielsen Station
Index Directory and Nielsen Station Index United States Television
Household Estimates, the October 2021 Nielsen Local TV Station
Information Report, or any successor publication. In the case of areas
outside of any designated market area, any census area, borough, or
other area in the State of Alaska that is outside of a designated
market area, as
[[Page 45295]]
determined by Nielsen Media Research, shall be deemed to be part of one
of the local markets in the State of Alaska.
(3) A satellite carrier shall use the October 2021 Nielsen Local TV
Station Information Report for the retransmission consent-mandatory
carriage election cycle commencing on January 1, 2024 and ending on
December 31, 2027. The October 2024 Nielsen Local TV Station
Information Report shall be used for the retransmission consent-
mandatory carriage election cycle commencing January 1, 2028 and ending
December 31, 2030, and so forth using the publications for the October
two years prior to each triennial election pursuant to this section.
Provided, however, that a county deleted from a market by Nielsen need
not be subtracted from a market in which a satellite carrier provides
local-into-local service, if that county is assigned to that market in
the 1999-2000 Nielsen Station Index Directory or any subsequent issue
of that publication, or the Local TV Station Information Report
commencing with October 2021, and every three years thereafter (i.e.,
October 2024, October 2027, etc.). A satellite carrier may determine
which local market in the State of Alaska will be deemed to be the
relevant local market in connection with each subscriber in an area in
the State of Alaska that is outside of a designated market, as
described in paragraph (e)(2) of this section.
* * * * *
[FR Doc. 2022-16248 Filed 7-27-22; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.