Rule2023-19612
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
September 12, 2023
Effective
October 12, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) conforms a section of its rules to the requirements of the Communications Act, correcting errors that were inadvertently introduced in the prior Report and Order, which revised Commission rules to use the Nielsen Company's Local TV Station Information Report as the successor publication to the annual Station Index Directory and United States Television Household Estimates in determining a television station's designated market area for satellite and cable carriage under the Commission's regulations. This action makes no substantive changes to this regulation.
Full Text
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<title>Federal Register, Volume 88 Issue 175 (Tuesday, September 12, 2023)</title>
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[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62471-62472]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19612]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 22-239; DA 23-740; FR ID 169282]
Update to Publication for Television Broadcast Station DMA
Determinations for Cable and Satellite Carriage
AGENCY: Federal Communications Commission.
ACTION: Technical amendment.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) conforms a section of its rules to the requirements of the
Communications Act, correcting errors that were inadvertently
introduced in the prior Report and Order, which revised Commission
rules to use the Nielsen Company's Local TV Station Information Report
as the successor publication to the annual Station Index Directory and
United States Television Household Estimates in determining a
television station's designated market area for satellite and cable
carriage under the Commission's regulations. This action makes no
substantive changes to this regulation.
DATES: This rule is effective October 12, 2023.
FOR FURTHER INFORMATION CONTACT: Contact Kenneth Lewis,
<a href="/cdn-cgi/l/email-protection#b8f3ddd6d6ddccd096d4ddcfd1cbf8dedbdb96dfd7ce"><span class="__cf_email__" data-cfemail="276c42494942534f094b42504e546741444409404851">[email protected]</span></a>, of the Media Bureau, Policy Division, (202) 418-
2622.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Order, in MB Docket No. 22-239; DA 23-740, adopted and released on
August 21, 2023. The full text of this document is available for
download at <a href="https://docs.fcc.gov/public/attachments/DA-23-740A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-740A1.pdf</a>. To
request materials in accessible formats (braille, large print, computer
diskettes, or audio recordings), please send an email to <a href="/cdn-cgi/l/email-protection#84c2c7c7b1b4b0c4e2e7e7aae3ebf2"><span class="__cf_email__" data-cfemail="773134344247433711141459101801">[email protected]</span></a>
(mailto:<a href="/cdn-cgi/l/email-protection#37717474020703775154545419505841"><span class="__cf_email__" data-cfemail="dd9b9e9ee8ede99dbbbebebef3bab2ab">[email protected]</span></a>) or call the Consumer and Government Affairs
Bureau at (202) 418-0530 (VOICE), (202) 418-0432 (TTY).
Synopsis
On November 17, 2022, the Commission adopted the Nielsen Update
Report and Order, MB Docket No. 22-239, FCC 22-89, which revised
Commission rules to use the Nielsen Company's Local TV Station
Information Report as the successor publication to the annual Station
Index Directory and United States Television Household Estimates in
determining a television station's designated market area for satellite
and cable carriage under the Commission's regulations.\1\ Pursuant to
that change, Sec. 76.66(e)(3) of the Commission's rules was revised,
and the time periods mentioned in that rule were brought up to date.\2\
These updates were intended to reflect the upcoming statutorily-
established carriage election cycle periods,\3\ but contained errors.
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\1\ Update to Publication for Television Broadcast Station DMA
Determinations for Cable and Satellite Carriage, Report and Order,
FCC 22-89, MB Docket No. 22-239 (rel. Nov. 18, 2022).
\2\ Id. at Appendix B, Final Rules, para. 3.
\3\ 47 U.S.C. 325(b)(3)(B) (``The regulations required by
subparagraph (A) shall require that television stations, within one
year after October 5, 1992, and every three years thereafter, make
an election between the right to grant retransmission consent under
this subsection and the right to signal carriage under section 534
of this title.'').
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Technical Correction
Section 47 U.S.C. 325(b)(3)(B) requires that television stations,
within one year after October 5, 1992, and every three years
thereafter, make an election between the right to grant retransmission
consent under this subsection and the right to signal carriage under
section 534 of this title.'' \4\ In this Order, we revise Sec.
76.66(e)(3) of the Commission's rules in order to conform to the
requirements of the Communications Act. Specifically, we correct the
references to the upcoming carriage election cycles in the first and
second sentences to confirm that the next cycle runs from 2024-2026
(not 2024-2027), and the following cycle runs from 2027-2029 (not 2028-
2030).
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\4\ Id.
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Regulatory Analyses
Administrative Procedure Act
We find that notice and comment procedures are unnecessary under
the ``good cause'' exception of the Administrative Procedure Act (APA)
because correcting the references in Sec. 76.66(e)(3) entails no
exercise of our administrative discretion.\5\ The dates of each
carriage cycle are long-established as a matter of law, and the
reference to these dates in Sec. 76.66 is merely as an aid to
understanding. The rule change does not establish additional regulatory
obligations or burdens on regulated entities. Consequently, we find
notice and comment procedures are unnecessary for this action.
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\5\ 5 U.S.C. 553(b)(3)(B) (notice and comment is not necessary
``when the agency for good cause finds (and incorporates the finding
and a brief statement of reasons therefor in the rules issued) that
notice and public procedure thereon are impracticable, unnecessary,
or contrary to the public interest'').
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Paperwork Reduction Act Analysis
This document does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA).\6\ 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.\7\
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\6\ The Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).
\7\ 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).
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Congressional Review Act
Because this is a technical correction, there is no impact under
the Congressional Review Act, 5 U.S.C. 804(2). Thus, the Bureau will
not send
[[Page 62472]]
a copy of this Order to Congress or the Government Accountability
Office.
Regulatory Flexibility Act
Because these rule changes are being adopted without notice and
comment, the Regulatory Flexibility Act \8\ does not apply.
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\8\ 5 U.S.C. 601 et seq. See id. section 601(2).
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List of Subjects in 47 CFR Part 76
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 76 by making the following
technical amendment:
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 76.66 is amended by revising paragraph (e)(3) to read as
follows:
Sec. 76.66 Satellite broadcast signal carriage.
* * * * *
(e) * * *
(3) A satellite carrier shall use the October 2021 Nielsen Local TV
Station Information for the retransmission consent-mandatory carriage
election cycle commencing on January 1, 2024, and ending on December
31, 2026. The October 2024 Nielsen Local TV Station Information Report
shall be used for the retransmission consent-mandatory carriage
election cycle commencing January 1, 2027, and ending December 31,
2029, 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. 2023-19612 Filed 9-11-23; 8:45 am]
BILLING CODE 6712-01-P
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