Notice2023-03762
Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority
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
February 23, 2023
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
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[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11441-11442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#30606271705653531e575f46"><span class="__cf_email__" data-cfemail="1e4e4c5f5e787d7d30797168">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#94d7f5e0fcedbac3fdf8f8fdf5f9e7d4f2f7f7baf3fbe2"><span class="__cf_email__" data-cfemail="6122001509184f36080d0d08000c12210702024f060e17">[email protected]</span></a>.
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 <a href="/cdn-cgi/l/email-protection#692c050c0a1d00060727061d000a0c1a292f2a2a470e061f"><span class="__cf_email__" data-cfemail="0d4861686e79646263436279646e687e4d4b4e4e236a627b">[email protected]</span></a>, 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
<a href="/cdn-cgi/l/email-protection#8acfe6efe9fee3e5e4c4e5fee3e9eff9caccc9c9a4ede5fc"><span class="__cf_email__" data-cfemail="1b5e777e786f72747555746f72787e685b5d5858357c746d">[email protected]</span></a>, 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
<a href="/cdn-cgi/l/email-protection#13567f7670677a7c7d5d7c677a707660535550503d747c65"><span class="__cf_email__" data-cfemail="bbfed7ded8cfd2d4d5f5d4cfd2d8dec8fbfdf8f895dcd4cd">[email protected]</span></a>, 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
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