Rule2025-16351
Delete, Delete, Delete; Removal of Obsolete Regulations
Primary source
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Published
August 26, 2025
Effective
August 26, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Media Bureau of the Federal Communications Commission (Commission) conforms part 76 of the Commission's rules to the court decisions in Time Warner Cable Inc. v. FCC, which vacated the temporary standstill rule for program carriage complaint proceedings, and EchoStar Satellite LLC v. FCC, which set aside two 2003 Commission orders adopting the encoding rules.
Full Text
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<title>Federal Register, Volume 90 Issue 163 (Tuesday, August 26, 2025)</title>
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Rules and Regulations]
[Pages 41518-41519]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16351]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[GN Docket No. 25-133; DA 25-736; FR ID 309943]
Delete, Delete, Delete; Removal of Obsolete Regulations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Media Bureau of the Federal
Communications Commission (Commission) conforms part 76 of the
Commission's rules to the court decisions in Time Warner Cable Inc. v.
FCC, which vacated the temporary standstill rule for program carriage
complaint proceedings, and EchoStar Satellite LLC v. FCC, which set
aside two 2003 Commission orders adopting the encoding rules.
DATES: Effective August 26, 2025.
FOR FURTHER INFORMATION CONTACT: Kathy Berthot, Federal Communications
Commission, Media Bureau, Policy Division, <a href="/cdn-cgi/l/email-protection#4a012b3e223364082f383e22253e0a2c2929642d253c"><span class="__cf_email__" data-cfemail="dd96bca9b5a4f39fb8afa9b5b2a99dbbbebef3bab2ab">[email protected]</span></a>, (202)
418-7454.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Order in GN Docket No. 25-133, DA 25-736, adopted and released on
August 21, 2025. The full text of this document is available for public
inspection and can be downloaded at <a href="https://docs.fcc.gov/public/attachments/DA-25-736A1.pdf">https://docs.fcc.gov/public/attachments/DA-25-736A1.pdf</a>.
Procedural Matters
Paperwork Reduction Act of 1995 Analysis: This document does not
contain new or modified information collections subject to the
Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-3521. 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, 44 U.S.C. 3506(c)(4).
Congressional Review Act: The Media Bureau has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of this Order to Congress and the
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Synopsis
Introduction
By this Order, we conform part 76 of the Commission's rules to
court decisions nullifying certain provisions in that part. In the
Delete, Delete, Delete proceeding, the Commission made clear its goal
to ``review its rules to identify and eliminate those that are
unnecessary in light of current circumstances.'' The Media Bureau takes
this action in furtherance of that goal, finding that these rules ``no
longer have any operative effect,'' and therefore should not remain in
the Code of Federal Regulations (CFR). Specifically, this action will
remove from our regulations approximately 14 pages, 5,855 words, and 43
rules or requirements.
We first conform part 76 to the decision of the Second Circuit
Court of Appeals (Second Circuit) in Time Warner Cable Inc. v. FCC
(Time Warner Cable), which vacated the temporary standstill rule for
program carriage complaint proceedings set forth in Sec. 76.1302(k) of
the Commission's rules. The Commission adopted the temporary standstill
rule in the Program Carriage Second Report and Order on July 29, 2011,
establishing procedures for the Media Bureau's consideration of
requests for a temporary standstill of the price, terms, and other
conditions of an existing programming contract by a program carriage
complainant seeking renewal of such a contract. The Commission
published a summary of the Program Carriage Second Report and Order in
the Federal Register on September 29, 2011. In accordance with normal
procedure, the CFR was revised to reflect adoption of the temporary
standstill rule. On September 4, 2013, the Second Circuit issued its
decision in Time Warner Cable vacating the temporary standstill rule,
finding that the rule was not promulgated in accordance with the
Administrative Procedure Act's notice and comment rulemaking
requirements. As a result of the Second Circuit's decision, the text of
Sec. 76.1302(k) that currently appears in the CFR has no legal effect
and is obsolete. We note that in 2020, the Commission issued a Report
and Order deleting Sec. 76.1302(k) from the CFR. The Commission
subsequently published a summary of this Report and Order in the
Federal Register, with an effective date of January 19, 2021.
Nevertheless, section 76.1302(k) still remains in the CFR. Accordingly,
we delete Sec. 76.1302(k), finding that doing so has no effect on the
scope and nature of the currently enforceable Commission requirements
and simply effectuates the Second Circuit's action in Time Warner
Cable.
We also conform part 76 to the decision of the District of Columbia
Circuit Court of Appeals (D.C. Circuit) in EchoStar Satellite LLC v.
FCC (EchoStar Satellite), which set aside two 2003 Commission orders
adopting the encoding rules set forth in Sec. Sec. 76.1901 through
76.1908 of the Commission's rules. The Commission adopted the encoding
rules, which place limits on the use of encoding by cable television
operators and satellite providers to prevent or limit copying of their
programming, in the Second Plug and Play Report and Order on September
10, 2003. The Commission published a summary of the Second Plug and
Play Report and Order in the Federal Register on November 28, 2003. On
December 19, 2003, the Commission adopted an Order on Reconsideration
which modified one of the definitions in the encoding rules. The
Commission published a summary of the Order on Reconsideration in the
Federal Register on January 28, 2004. In accordance with normal
procedure, the CFR was revised to reflect adoption of the encoding
rules. In EchoStar Satellite, the D.C. Circuit vacated in their
entirety the Second Plug and Play Report and Order and the Order on
Reconsideration, concluding that the Commission exceeded its statutory
authority in adopting the encoding rules set forth in Sec. Sec.
76.1901 through 76.1908. As a result of the D.C. Circuit's decision,
the text of Sec. Sec. 76.1901 through 76.1908 that currently appear in
the CFR has no legal effect and is obsolete. Accordingly, we delete
Sec. Sec. 76.1901 through 76.1908, finding that doing so has no effect
on the scope and nature of the currently enforceable Commission
requirements and simply effectuates the D.C. Circuit's action in
EchoStar Satellite.
Pursuant to 5 U.S.C. 553(b)(B), because we are simply conforming
the text of the Commission's rules in the CFR to reflect the court's
decisions in Time Warner Cable and EchoStar Satellite, and we are not
taking any independent action or exercising any discretion, we find
that notice and the opportunity for public comment are unnecessary for
this action. For the same reason, pursuant to 5 U.S.C. 553(d), this
action will be effective
[[Page 41519]]
immediately upon publication in the Federal Register.
The changes to part 76 of the Commission's rules to conform to
these court decisions are reflected in Appendix A.
Ordering Clauses
Accordingly, it is ordered that part 76 of the Commission's rules,
47 CFR part 76, is amended as set forth in Appendix A effective upon
publication in the Federal Register.
It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of this Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
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 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, 335, 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, 562, 571, 572, 573.
Subpart Q--Regulation of Carriage Agreements
Sec. 76.1302 [Amended]
0
2. Amend Sec. 76.1302 by removing paragraph (k).
Subpart W--Encoding Rules
Sec. Sec. 76.1901 through 76.1908 [Removed]
0
3. Remove Sec. Sec. 76.1901 through 76.1908.
[FR Doc. 2025-16351 Filed 8-25-25; 8:45 am]
BILLING CODE 6712-01-P
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