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public notice. As established by the consolidation, or simplification of FEDERAL COMMUNICATIONS Commission in a 1994 rulemaking order compliance and reporting requirements COMMISSION and in accordance with the terms of 47 under the rule for such small entities; CFR 1.2105(b)(2), an applicant whose (3) the use of performance rather than 47 CFR Part 76 application is found to contain design standards; and (4) an exemption [MB Docket Nos. 07–42 and 17–105; FCC deficiencies will have a limited from coverage of the rule, or any part 19–52] opportunity to bring its application into thereof, for such small entities. See 5 compliance with the Commission’s U.S.C. 603(c)(1)–(4). Leased Commercial Access; competitive bidding rules during a Modernization of Media Regulation resubmission window. As required by 112. MB and OEA anticipate that the Initiative 47 CFR 1.65 and 1.2105(b), each steps taken to make numerous resources Auction 100 applicant must maintain available to small entities and other AGENCY: Federal Communications the accuracy of its previously filed Form auction participants at no cost should Commission. 175. As required by 47 CFR 1.1111, each minimize any economic impact of the ACTION: Final rule. upfront payment must be accompanied auction processes and procedures on by a Form 159. small entities and should result in both SUMMARY: In this document, the 109. In the second phase of the operational and administrative cost Commission updates its leased access process, there are additional compliance savings for small entities and other rules as part of its Modernization of requirements only applicable to auction participants. For example, prior Media Regulation Initiative. First, the Commission vacates its 2008 Leased winning bidders. As with other winning to the beginning of bidding in Auction Access Order, which never went into bidders, any small entity that is a 100, the FCC will hold a mock auction effect due to a stay by the U.S. Court of winning bidder will be required to to allow eligible bidders the opportunity Appeals for the Sixth Circuit and the comply with the terms of: (1) 47 CFR to familiarize themselves with both the 1.2107(b) by submitting as a down Office of Management and Budget processes and systems that will be payment within 10 business days after issuance of a notice of disapproval of utilized in Auction 100. During the release of the auction closing public the associated information collection notice sufficient funds (in addition to its auction, participants will be able to requirements. Second, the Commission upfront payment) to bring its total access and participate in bidding via the adopts certain updates and amount of money on deposit with the internet using a web-based system, or improvements to its existing leased FCC for Auction 100 to 20% of the net telephonically, providing two cost access rules. amount of its winning bid(s), a effective methods of participation and DATES: Effective July 22, 2019, except requirement adopted by the FCC in a avoiding the cost of travel for in-person for §§ 76.970(h) and 76.975(e), which 1994 rulemaking order; (2) 47 CFR participation. Further, small entities as are delayed. The Commission will 1.2109(a) by submitting within 10 well as other auction participants will publish a document in the Federal business days after the down payment be able to avail themselves of a Register announcing the effective date. deadline the balance of the net amount telephonic hotline for assistance with FOR FURTHER INFORMATION CONTACT: For for each of its winning bids, a auction processes and procedures as additional information on this requirement adopted by the FCC in a well as a technical support hotline to proceeding, contact Diana Sokolow, 1994 rulemaking order; and (3) 47 CFR assist with issues such as access to or [email protected], of the Policy 73.5005(a) by filing electronically navigation within the electronic Form Division, Media Bureau, (202) 418– within 30 days following release of the 175 and use of the FCC’s auction 2120. closing public notice, unless a longer bidding system. In addition, all auction period is specified by public notice, a SUPPLEMENTARY INFORMATION: This is a participants, including small business summary of the Commission’s Report properly completed long-form entities, will have access to various application and required exhibits for and Order, FCC 19–52, adopted on June other sources of information and each construction permit won through 6, 2019 and released on June 7, 2019. databases through the Commission that Auction 100, a requirement adopted by The full text is available for public the FCC for broadcast auction winning will aid in both their understanding and inspection and copying during regular bidders in a 1998 rulemaking order. participation in the process. These business hours in the FCC Reference 110. As required by 47 CFR 1.2105(c), resources, coupled with the description Center, Federal Communications reports concerning a prohibited and communication of the bidding Commission, 445 12th Street SW, Room communication must be filed with the procedures before bidding begins in CY–A257, Washington, DC 20554. This Chief of the Auctions Division, as Auction 100, should ensure that the document will also be available via detailed in the Auction 100 Procedures auction will be administered ECFS at http://fjallfoss.fcc.gov/ecfs/. Public Notice. predictably, efficiently and fairly, thus Documents will be available 111. Steps Taken to Minimize the providing certainty for small entities as electronically in ASCII, Microsoft Word, Significant Economic Impact on Small well as other auction participants. and/or Adobe Acrobat. Alternative Entities, and Significant Alternatives formats are available for people with Federal Communications Commission. Considered. The RFA requires an disabilities (Braille, large print, agency to describe any significant, Gary Michaels, electronic files, audio format), by specifically small business, alternatives Deputy Chief, Auctions Division, Office of sending an email to [email protected] or that it has considered in reaching its Economics and Analytics. calling the Commission’s Consumer and proposed approach, which may include [FR Doc. 2019–13100 Filed 6–19–19; 8:45 am] Governmental Affairs Bureau at (202) the following four alternatives (among BILLING CODE 6712–01–P 418–0530 (voice), (202) 418–0432 others): (1) The establishment of (TTY). differing compliance or reporting requirements or timetables that take into Synopsis account the resources available to small 1. In the Report and Order, we update entities; (2) the clarification, our leased access rules as part of the

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Commission’s Modernization of Media the related Sixth Circuit proceeding and the Commission should not have leased Regulation Initiative. The leased access OMB Notice.3 access regulations where the maximum rules, which implement the statutory 5. By vacating the 2008 Leased Access allowable rates approach zero. Indeed, leased access requirements, direct cable Order, we are resolving the longstanding as discussed below, today we find that operators to set aside channel capacity challenges to the order that have been certain rule changes are needed to for commercial use by unaffiliated video pending for more than a decade due to provide cable operators with relief from 4 programmers.1 In 2018, the Commission the stay of this order. Vacating the 2008 their existing leased access burdens adopted a Further Notice of Proposed Leased Access Order will not have any because the burdens are no longer Rulemaking (FNPRM) addressing leased impact on any party’s compliance with justified in today’s marketplace, given access proposals filed in response to the or expectations concerning the leased the increased distribution alternatives access requirements, because the rule Media Modernization Public Notice. for leased access programmers. While changes contained in that order never With this proceeding, we continue our we recognize that some leased access went into effect.5 Accordingly, as a programmers have expressed a efforts to modernize media regulations result of our decision today, except for preference for leased access via cable as and remove unnecessary requirements the rule changes set forth below, parties compared to alternatives such as online that can impede competition and simply will remain subject to the same programming distribution, we are innovation in the media marketplace. leased access rules they were operating persuaded that these alternatives have 2. The video marketplace has changed under prior to 2008. developed into a viable substitute for significantly since the Commission 6. Vacating the 2008 Leased Access leased access today. In addition, we initially adopted its leased access rules. Order is consistent with the note that easing the regulatory burdens Specifically, today a wide variety of Commission’s media modernization associated with leased access will media platforms are available to efforts, pursuant to which we seek to effectuate the statutory requirement to programmers, including in particular remove rules that are outdated or no implement rules ‘‘in a manner online platforms that creators can use to longer justified by market realities. As consistent with the growth and distribute their content for free. This commenters point out, implementing development of cable systems.’’ change has reduced the importance of the 2008 Leased Access Order would 7. We disagree with commenters leased access and, thus, the justification have made leased access significantly claiming that the Commission should more burdensome for cable operators, for burdensome leased access ‘‘adopt the parts [of the 2008 Leased which would be contrary to the highly requirements. Access Order] that are not subject to competitive marketplace in existence OMB or Sixth Circuit . . . scrutiny and 3. Below, first we adopt the FNPRM’s today. For example, NCTA explains that either staff review or issue a FNPRM to tentative conclusion that we should implementing the 2008 order ‘‘would address the issues of concern to the vacate the Commission’s 2008 Leased have changed the formula for OMB and the Appeals Court.’’ 6 The Access Order.2 That order never went establishing the maximum permissible FNPRM sought comment on whether into effect due to a stay by the U.S. rate for leased access in a manner that there is ‘‘any policy justification for Court of Appeals for the Sixth Circuit would have resulted in rates retaining any particular rules adopted’’ (Sixth Circuit) and the Office of approaching zero.’’ We agree with in the 2008 Leased Access Order. Management and Budget (OMB) commenters that in today’s marketplace Commenters advocating the retention of issuance of a notice of disapproval of the appropriate course is to ease, rather all portions of the 2008 Leased Access the associated information collection than increase, regulatory burdens Order ‘‘that are not subject to OMB or requirements. Second, we adopt certain associated with leased access and that Sixth Circuit . . . scrutiny’’ do not updates and improvements to our explain with sufficient specificity which existing leased access rules. 3 Because we vacate the 2008 Leased Access rules from the 2008 Leased Access Order, we also dismiss as moot the related NCTA 4. Vacating the 2008 Leased Access FCC Stay Request, which asked the Commission to Order should go into effect and why Order. We adopt the FNPRM’s tentative stay the 2008 Leased Access Order, and the TVC they are justified today. We believe that Recon Petition, which sought reconsideration of the conclusion that we should vacate the vacating the entire order and proceeding 2008 Leased Access Order. anew is preferable to commenters’ 2008 Leased Access Order, including 4 Vacating the 2008 Leased Access Order suggested piecemeal approach. the Further Notice of Proposed eliminates the need to move forward with the 8. Modifying the Leased Access Rules. Rulemaking issued in conjunction with judicial proceedings currently pending in the Sixth Circuit. The Sixth Circuit Stay Order, which has We next adopt certain updates and that order. We conclude that this been in effect for over a decade, recognized ‘‘that improvements to our existing leased approach, which cable operators NCTA has raised some substantial appellate issues’’ access rules. It is our goal to modernize pertaining to the rules adopted in the 2008 Leased support, is consistent with our public our leased access regulations given the interest objectives and is the most Access Order. Similarly, vacating the 2008 Leased Access Order eliminates the need to overcome significant changes in the video practical and legally tenable option OMB’s denial of the information collection marketplace, including specifically the available to us. Specifically, vacating requirements associated with major portions of the availability of online media platforms. the prior order will clarify the status of 2008 Leased Access Order. OMB detailed the ways in which certain requirements adopted in the 2008 We stated in the FNPRM that this our leased access regime, further the Leased Access Order were inconsistent with the proceeding would ‘‘advance our efforts Commission’s media modernization PRA, including the Commission’s failure to to modernize our media regulations and efforts, and obviate the need to address demonstrate the need for the more burdensome remove unnecessary requirements that the significant legal concerns raised in requirements adopted, its failure to demonstrate that it had taken reasonable steps to minimize the can impede competition and innovation burdens, and its failure to provide reasonable 1 The leased access rules are in subpart N of part protection for proprietary and confidential 6 We also reject LAPA’s request that the 76, which was listed in the Media Modernization information. Commission adopt customer service standards akin Public Notice as one of the principal rule parts that 5 We need not make any modifications to our to those in the 2008 Leased Access Order, finding pertains to media entities and that is the subject of rules to reflect our vacating of the 2008 Leased instead that the contact information requirement we the media modernization review. Access Order because the leased access rules that adopt below is sufficient at this time and 2 Federal Communications Commission, Leased are currently in effect, and that currently appear in appropriately balances the burdens on cable Commercial Access, 73 FR 10675 (final rule), 10732 the Code of Federal Regulations, are those that were operators with the needs of leased access (proposed rule) (Feb. 28, 2008). in existence prior to the 2008 Leased Access Order. programmers.

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in the media marketplace.’’ We find that marketplace changes. Since the the costs to cable providers associated the benefits of updating our leased Commission adopted the rule governing with accommodating part-time leased access rules to reflect the current video part-time leased access in 1993, the access outweigh any countervailing marketplace outweigh the anticipated available platforms to distribute benefits, especially given the plethora of costs. programming have multiplied, alternative distribution options for such 9. Part-Time Leased Access. We including in particular internet options. programming and the applicable First eliminate the requirement that cable At the same time, the part-time leased Amendment concerns.12 To the extent operators make leased access available access requirement has continued to that any cable operator wishes to carry on a part-time basis. Instead, our leased apply to cable operators, and the record programming on a part-time basis, it access rules will apply only to leased indicates that those operators do not may negotiate such carriage as a private access programmers that purchase usually generate enough revenue from contractual matter, outside the scope of channel capacity on a full-time basis 7 part-time leased access programming to the leased access statute. for at least a one-year contract term. The cover the administrative costs of 11. Because leased access will only Commission’s rules currently direct providing such programming.10 Even in occur on a full-time basis going forward, ‘‘[c]able operators that have not satisfied the 1997 Leased Access Order, the we delete section 76.970(h) of our rules, their statutory leased access Commission ‘‘recognize[d] that part- which currently addresses the requirements [to] accommodate part- time leasing is not expressly required by maximum commercial leased access rate time leased access requests,’’ but there the statute, that it may impose for part-time channel placement. is no statutory requirement for part-time additional administrative and other Current § 76.970(i) and (j) will be leased access. And, contrary to SBN’s costs on cable operators, and that it may redesignated as § 76.970(h) and (i). We suggestion ‘‘that part-time access is the pose the risk of capacity being under- also delete the reference to part-time ‘genuine outlet’ Congress sought to used.’’ Unlike in 1997, when the leased access rates in current section promote with the leased access statute,’’ Commission affirmed its rule requiring 76.970(i)(1)(ii) (redesignated section the legislative history does not mention cable operators to lease time in 30- 76.970(h)(1)(ii)), and we delete section part-time leased access. Further, we are minute increments, however, our 76.971(a)(4), which sets forth the persuaded by comments that because decision today reflects the fact that the current requirements for part-time leased access is regulatory, internet has developed into a accommodating part-time leased and not statutory, we should seek to flourishing means of distribution for access.13 avoid unnecessary burdens in light of short-form programming. SBN claims 12. Bona Fide Requests. We adopt the possible First Amendment concerns.8 In that the focus of leased access should be proposal set out in the FNPRM to ease response to the FNPRM’s request for providing diverse information sources burdens on cable operators by revising further comment on this topic,9 cable to cable subscribers. Eliminating part- operators support elimination of the time leased access, however, will not changes, including in particular the availability of part-time leased access requirement. prevent leased access programmers from online platforms for these small programmers to 10. We find that eliminating part-time reaching all households with internet distribute their content. SBN also claims that we have not examined the effect of the elimination of leased access is consistent with access, including the households of part-time leased access on barriers to market entry cable subscribers. We find that the costs and the promotion of a diversity of media voices, 7 Leasing of a channel on a full-time basis will of mandating part-time leased access to which SBN contends is required by section 257 of require that the channel is under the exclusive use provide programming to the small the Act. In fact, we find, based on evidence in the of the programmer for the term of the contract. portion of the population without record, that any entry barriers that existed for part- 8 SBN argues that there is no speech-related time programmers have been largely overtaken by distinction between part-time access and full-time internet access but with cable television the plethora of alternative distribution options for access, and thus the First Amendment concerns outweighs the benefits. While we such programmers. Furthermore, in light of these cannot be used to ban the former but not the latter. recognize the interest of leased access alternative distribution options, elimination of part- As an initial matter, as described above, our time leased access should have at most a minimal programmers in maintaining part-time adverse effect on the promotion of a diversity of elimination of part-time leased access is sufficiently 11 supported by policy justifications that are leased access, we are persuaded that media voices, and that effect is outweighed by the independent of our First Amendment concerns. In costs to cable operators of part-time leased access. addition, we proceed here incrementally by 10 These administrative costs include such 12 Cable commenters provide that if we decline to eliminating the part-time leased access rules that matters as negotiating contracts and sending eliminate part-time leased access entirely, we could impose speech burdens that are not required by invoices, which cost the same for part-time leased adopt an alternative approach pursuant to which statute. In the related Second FNPRM, we seek access as for full-time leased access. SBN asserts we could require a cable system to carry a leased further comment on whether the statutory leased that rather than eliminating part-time leased access, access programmer only if the programmer provides access requirements continue to withstand First we should ‘‘revise the pricing rules in accordance a set minimum amount of leased access Amendment scrutiny. with Section 612(c)(1) to cover the[] costs’’ that programming. Based on the record before us, we 9 SBN is incorrect when it claims that the FNPRM part-time leased access imposes on cable operators. conclude that eliminating part-time leased access did not provide sufficient notice of the elimination We disagree that this is the appropriate course. We entirely is a preferable approach, given the of part-time leased access. First, the FNPRM find that in light of the other platforms now alternative means of distribution available to specifically sought comment on new rules available to distribute part-time programming, there programmers today and the costs that part-time governing part-time leased access. In response, is no longer a sufficient policy justification for part- leased access imposes on cable operators. commenters urged the Commission to adopt new time leased access. We also are mindful that simply 13 Section 76.970(i)(1)(i) of our rules requires a rules that would no longer require cable operators adjusting the price that cable operators may charge cable operator’s response to a leased access request to make leased access available on a part-time basis. for part-time leased access would not address the to include ‘‘[h]ow much of the operator’s leased We adopt such rules today, but permit existing part- First Amendment concerns that it presents. access set-aside capacity is available.’’ ACA time commercial leased access agreements to 11 SBN states that the ‘‘Report and Order does not proposed that cable operators should be required to remain in place under their current terms. Cable address the effect of the abandonment of the part- inform a potential leased access programmer only operators have the discretion to negotiate future time leasing regime on part-time programmers, most whether the specific time slot it requests is part-time agreements as a private contractual of whom (like SBN) are small businesses.’’ In the available, ‘‘rather than indicating the total amount matter. Second, our new rules regarding part-time Final Regulatory Flexibility Analysis, we analyze of available leased access set-aside capacity.’’ leased access are a logical outgrowth of the the potential impact of the rule changes adopted Because we eliminate the part-time leased access Commission’s request for comment on ‘‘whether herein on small entities. We recognize that the requirement, ACA’s time slot proposal is no longer our rules implicate First Amendment interests.’’ changes in the Report and Order that ease burdens relevant. We clarify that going forward, we will Finally, any argument regarding lack of notice is on cable operators, such as the elimination of part- permit cable operators to comply with section refuted by the fact that leased access programmers time leased access, may also impact leased access 76.970(i)(1)(i) by confirming whether there is a themselves opposed the elimination of part-time programmers, including small programmers. This channel available for the prospective leased access leased access in their initial comments. outcome, however, is justified by marketplace programmer.

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section 76.970(i) of our rules to provide on the record evidence that both small a programmer that is not seriously that all cable operators, and not just and large cable operators face significant committed to securing a leased access those that qualify as ‘‘small systems’’ 14 burdens in responding to leased access contract. We find that the approach we under that rule, are required to respond requests, we find that there is no longer adopt herein strikes an appropriate to a request for leased access a reason to limit this flexibility to small balance, but we will continue information only if the request is bona cable operators. We further conclude monitoring the marketplace to fide. Larger cable systems currently that it does not serve the public interest determine whether any further must respond to all written leased to require cable operators to continue modifications are needed in the access requests, which can be responding to requests that are not future.17 inefficient, difficult, and costly. We also considered bona fide under our rules. 16. Timeframe for Responding to make one change to our existing We see no evidence that cable operators Requests. To ease burdens on cable definition of a ‘‘bona fide request’’ for will use the bona fide request operators, we extend the timeframe information, which currently is defined requirement to discourage leasing within which they must provide as a request from a potential leased access, whereas there is clear evidence prospective leased access programmers access programmer that includes: ‘‘(i) that cable operators currently are with the information specified in The desired length of a contract term; required to undertake the expense of section 76.970(i)(1) of our rules, from 15 (ii) The time slot desired; (iii) The responding to all requests for leased calendar days to 30 calendar days for anticipated commencement date for access information even though most cable operators generally, and from 30 carriage; and (iv) The nature of the such requests do not result in a leased calendar days to 45 calendar days for programming.’’ Specifically, we delete access programming contract.16 We operators of systems subject to small the second criteria (the time slot recognize that some commenters claim system relief. These timeframes apply desired), because as explained above we that it is difficult for potential leased only to bona fide requests for eliminate part-time leased access and access programmers to provide the information pursuant to section time slot thus will be irrelevant for information required for a bona fide 76.970(i), and not to simple requests for programming that occupies a channel leased access request. We find, however, contact information. on a full-time basis. As proposed in the that providing this very basic 17. The record demonstrates that FNPRM, the criteria for a bona fide information is necessary to demonstrate cable operators, especially those with request must be met before a cable that a leased access programmer is multiple systems, would benefit from system will be required to provide the serious about its inquiry. We believe it having additional time to gather the information specified in section is reasonable to expect basic information specified in section 76.970(i)(1). information such as the desired contract 76.970(i)(1), as is required in response 13. Adoption of this bona fide request term, anticipated start date, and nature to a request for leased access provision will expand relief afforded of programing to be developed prior to information. First, section 76.970(i)(1)(i) 15 small systems to all cable operators. submitting a leased access request. To currently requires the provision of Section 76.970(i)(1) currently directs the extent that the responsive ‘‘[h]ow much of the operator’s leased cable operators to provide prospective information from the cable operator access set-aside capacity is available.’’ leased access programmers with the presents a concern for the programmer, Although as explained above we clarify following information: ‘‘(i) How much for example regarding the rate schedule, that cable operators may comply with of the operator’s leased access set-aside nothing in this change would prevent that requirement by confirming whether there is sufficient capacity for the capacity is available; (ii) A complete the programmer from further modifying prospective leased access programmer, schedule of the operator’s full-time and its request and continuing to negotiate operators still will need to analyze part-time leased access rates; (iii) Rates with the cable operator on the terms of current system capacity to make that associated with technical and studio an agreement. costs; and (iv) If specifically requested, 15. Contrary to the suggestion of determination, given that as ACA states a sample leased access contract.’’ Even NCTA, we will not permit cable capacity is constantly changing ‘‘as with the other modifications to section operators to seek further information cable operators add and drop channels, 76.970(i) that we adopt below, we are from potential leased access and repurpose system bandwidth from video to broadband services.’’ persuaded that, absent this change to programmers before responding to a 18. Second, section 76.970(i)(1)(ii) our rules, some operators of systems leased access request, such as: (1) How that do not qualify as ‘‘small’’ would requires the provision of ‘‘[a] complete the potential leased access programmer schedule of the operator’s full-time and continue to spend a significant amount would deliver its programming to the of time responding to non-bona fide part-time leased access rates.’’ ACA cable system; and (2) an affidavit explains that, because the rate formula leased access inquiries. identifying all of the programmer’s 14. We recognize that this is a change utilizes data points that are constantly owners and declaring that all are in from the Commission’s previous changing, a cable operator must compliance with applicable trade decision to limit the flexibility to complete this calculation anew in sanctions. We must balance between the respond only to bona fide requests to response to every leased access request competing interests of potential leased small cable operators. However, based for information. ACA further claims the access programmers who should be able cost of determining the rates can be one to obtain basic information that will 14 The leased access rules define a small system thousand dollars or more per request. as either (i) a system that qualifies as small under enable them to determine whether they Third, section 76.970(i)(1)(iii) requires section 76.901(c) of the Commission’s rules and is wish to proceed with a leased access the provision of ‘‘[r]ates associated with owned by a small cable company as defined in programming contract, and cable technical and studio costs.’’ ACA section 76.901(e); or (ii) a system that has been operators who should not be required to granted special relief. 15 Current rules require operators of small cable incur costs in providing information to 17 In addition, we note that section 76.970(i)(2) systems to provide the information only in response currently references ‘‘paragraph (h)(1) of this to a bona fide request from a prospective leased 16 We thus are not persuaded by one commenter’s section,’’ which does not exist. Instead the rule access programmer, whereas other cable system assertion that there is no evidence that cable should have cited current paragraph (i)(1), but given operators must provide the information in response companies are overwhelmed by the volume of that herein we redesignate paragraph (i) as to any request for leased access information. requests by leased access programmers. paragraph (h), no corrective action is needed.

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explains that cable operators may not specific bona fide request,20 and we to a leased access request,25 whereas a have standardized technical and studio deem as reasonable under the deposit may be assessed as part of the costs, because these costs must be Commission’s rules a security deposit or execution of a leased access agreement. calculated based on the specific types of prepayment requirement equivalent to 21. We revise section 76.970(i)(1) of services the programmer seeks. Finally, up to 60 days of the applicable lease our rules to provide that cable operators section 76.970(i)(1)(iv) requires, if fee.21 We agree with commenters that are required to provide leased access specifically requested, the provision of application fees and deposits are programmers with the information set ‘‘a sample leased access contract.’’ justified to help reimburse cable forth in that section only if the While some cable operators may have a operators for their leased access costs,22 programmer has remitted any contract readily available, the record to discourage frivolous leased access application fee that the cable system indicates that others may only have an requests, and to reimburse cable operator requires up to a maximum of out-of-date contract in their files. For all operators for situations in which a $100 per system-specific bona fide of these reasons, we find that the leased access programmer only leases leased access request for information. current deadlines for providing the access for a brief time before the The maximum leased access application information required in response to arrangement is terminated due to non- fee applies to an entire system-specific leased access requests for information payment.23 We acknowledge leased bona fide request, as defined above. If a are insufficient.18 Our new requirement access programmers’ concerns that any programmer amends such a request, the that all cable operators need only application fee or deposit could cable operator cannot use the provide the listed information in dissuade potential leased access amendment as an opportunity to assess response to a bona fide request does not programmers, particularly small a second application fee. We recognize alter this analysis, because it may not entities, from seeking to lease access. that permitting a leased access make it any easier to provide the Accordingly, rather than permitting application fee is a departure from past required information; rather, it could ‘‘nominal’’ application fees and deposits Commission practice. That past practice lead to less frequent provision of the as proposed in the FNPRM, we establish was based on an expectation that cable information since cable operators will maximum application fees and deposits operators would be sufficiently not need to provide it if a request is not at levels that we do not expect will be protected by the ‘‘bona fide’’ request bona fide.19 We see no indication in the unduly burdensome for leased access requirement that then applied only to record that increasing the timeframe programmers.24 Cable operators may small cable operators, but as NCTA within which cable operators must require leased access programmers to states, ‘‘experience has shown that even provide the required information will pay any application fee before the cable bona fide applicants may opt to walk prejudice programmers seeking to lease operator provides the information set away without signing [an] agreement’’ access. Rather, programmers seeking to forth in section 76.970(i)(1) in response which ‘‘can leave cable operators with lease access can simply take the longer unreimbursed costs’’ 26 which we do not timeframe into account in deciding 20 We will consider one ‘‘system-specific bona believe Congress intended cable when to submit a bona fide request. fide request’’ to be a request covering a system that operators to absorb. 19. We extend each deadline by 15 is served by a primary headend. If a leased access programmer wishes to provide its leased access 22. Section 76.971(d) of our rules calendar days, such that the general programming on the cable operator’s system that is already permits cable operators to deadline will be 30 days, and the small served by a different primary headend, then it ‘‘require reasonable security deposits or system deadline will be 45 days. would be subject to another $100 application fee. other assurances from users who are Although NCTA seeks a 45-day 21 A cable operator may assess both an application fee and a deposit or prepayment. By unable to prepay in full for access to response period for all cable operators, ‘‘application fee,’’ we mean a processing fee that the leased commercial channels.’’ We we think that tripling the current cable operator collects and retains regardless of hereby deem as reasonable under the deadline is excessive. Rather, we find it whether the leased access request ultimately results Commission’s rules a security deposit or appropriate to extend each deadline by in carriage. By ‘‘deposit’’ or ‘‘prepayment,’’ we mean a fee that the cable operator collects as part prepayment equivalent to up to 60 days 15 calendar days, thus maintaining the of the execution of a leased access agreement and of the applicable lease fee, and we agree longer deadline for small cable systems then applies to offset future payments due under with NCTA that 60 days is a reasonable that may lack the resources to gather the agreement. The FNPRM applied a different timeframe to enable cable operators to information as quickly as larger systems. definition of ‘‘deposit,’’ which would have made a deposit part of the leased access request process. protect themselves against lessees that Although one commenter posits that We have determined that this approach is not lengthening the deadline could deter logical, given that the Commission’s rules currently 25 Leased access programmers assert that they potential leased access programmers refer to leased access security deposits in the should not be treated any differently than potential from seeking access, particularly if their context of section 76.971 (addressing leased access commercial advertisers, to which cable system terms and conditions) rather than section 76.970 programming is time-sensitive, we see operators provide information such as rates without (addressing leased access requests for information). requiring any payment. We disagree because, as no evidence supporting this concern. 22 A cable operator’s leased access costs include, Charter states, ‘‘most leased access programmers 20. Application Fees and Deposits. As as ACA states, ‘‘processing the application, lack the performance record and financial resources proposed by NCTA and supported by negotiating terms, and making arrangements for the of commercial programmers with whom the others, we permit cable operators to delivery of programming to the cable headend. operator would customarily engage.’’ Cable impose a maximum leased access Negotiating a leased access agreement can be time operators thus are justified in assessing fees before consuming, and for small operators often requires the cable operator undertakes the expense of application fee of $100 per system- the assistance of outside counsel.’’ providing the information set forth in section 23 While the FNPRM sought comment on whether 76.970(i)(1). In addition, cable operators have a 18 Some commenters claim that the current the Commission should permit only small cable different relationship with leased access deadlines are sufficient, and that cable operators operators to require an application fee or deposit, programmers than with commercial programmers should have the required information readily commenters did not address that issue. We insofar as cable operators are required by statute to available. We are not persuaded by these comments; conclude that the rationale for permitting an engage with leased access programmers, whereas instead we recognize the specific difficulties flagged application fee or deposit discussed herein applies cable operators make a voluntary business decision by cable operators including, in particular, ACA. to cable operators of all sizes. to engage with commercial programmers. 19 Given that many of the difficulties discussed in 24 Establishing a maximum for application fees 26 We thus conclude that, even given the adoption this paragraph apply to operators of single cable and deposits also addresses SBN’s concerns that an of the proposal to require all cable operators to systems as well as to operators of multiple cable approach of permitting ‘‘nominal’’ fees and deposits respond only to bona fide leased access requests, systems, we will not distinguish between those would ‘‘engender deal-killing controversies over permitting application fees remains reasonable and categories of operators. what fees and deposits are ‘nominal.’ ’’ justified.

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fail to pay after launching. This further protections for cable operators modifications resolve inconsistencies approach will address concerns that the against non-payment by leased access between the leased access dispute current case-by-case determination of programmers given the expected resolution rule (section 76.975) and the what constitutes a ‘‘reasonable’’ deposit sufficiency of the application fees and Commission’s more general rule leads to marketplace uncertainty. A deposits that we authorize today. governing complaints (section 76.7). cable operator may choose to assess 24. Contact Information. We adopt a First, we adopt the proposal to revise either a security deposit or prepayment requirement that cable operators the terminology in section 76.975 by that exceeds 60 days of the applicable provide potential leased access referencing an answer to a petition, lease fee, but such an assessment would programmers with contact information rather than a response to a petition. remain subject to the current case-by- for the person responsible for leased Second, we adopt the proposal to case review process if the programmer access matters. Multiple commenters modify section 76.975 by calculating the asserts that it is not reasonable. While support a leased access contact 30-day timeframe for filing an answer to one leased access programmer advocates information requirement, and none a leased access petition from the date of a maximum deposit equivalent to the oppose it. We provide flexibility for service of the petition, rather than from cost of a single day of airtime, we find cable operators in complying with this the date on which the petition was filed. that such an amount would be requirement by permitting them to Third, whereas section 76.975 currently insufficient to protect cable operators disclose on their own websites, or does not include any allowance for from a leased access programmer that through alternate means if they do not replies, we adopt the proposal to add a ceases paying for access prior to the have their own websites,27 basic contact provision stating that replies to answers completion of its agreement’s term, information including the name or title, must be filed within 15 days after which will now be a minimum of one telephone number, and email address submission of the answer.30 Fourth, we year. Because a deposit is assessed as for the person responsible for adopt the proposal to add to section part of the execution of a leased access responding to requests for information 76.975 a statement that section 76.7 agreement, it will either be applied to about leased access channels. This applies to petitions for relief filed under payments due under the agreement, or information is necessary for potential section 76.975, unless otherwise it will be retained by the cable operator leased access programmers to initiate provided in section 76.975. We expect to compensate it for the leased access productive contact with cable systems, that these modifications will make programmer’s failure to remit payments which is vital to the leased access dispute procedures clearer both for the required by the agreement. We see no process, and our approach is consistent parties to a leased access dispute and for reason to modify the existing with the contact information the Commission.31 requirement of section 76.971(d) that requirements the Commission has 26. Other Issues. Commenters put reasonable security deposits are adopted in other contexts. We provide forth several additional proposals in permitted only if the leased access user further flexibility by requiring cable response to the FNPRM, and we reject operators to provide either a contact the proposals at this time as follows. does not prepay in full because if the 28 leased access user prepays in full, the person’s name or title. This approach 27. HD leased access. We will not cable operator does not need protection eliminates the need to update the require cable systems to carry leased against nonpayment. website due to personnel changes, and access programming in high definition it is permissible so long as the provided (HD).32 Rather, HD carriage is at the 23. We reject requests by cable telephone number and email address discretion of the cable operator. This operators to impose additional new reach the appropriate person. However, approach is consistent with the Act, financial requirements on leased access a cable operator provides the required which does not require cable systems to programmers aside from application contact information, it should be carry leased access programming in HD. fees and deposits. Specifically, ACA reasonably identifiable, though it need Carrying leased access programming in proposes that the Commission permit not appear on a cable operator’s main HD expands the use of spectrum cable operators to assess a ‘‘closing fee’’ 29 web page. without increasing the volume of leased upon finalization of a leased access 25. Dispute Procedures. As proposed access programming distributed. agreement. We find that giving cable in the FNPRM, we adopt common-sense Further, we note that cable operators operators this flexibility is not necessary modifications to the procedures for negotiate to carry even some because it is intended to address the leased access disputes, which no same cable operator concerns as the commenter opposed. These 30 The FNPRM sought comment on whether 15 application fee and security deposit. days is the appropriate timeframe for submitting a NCTA proposes that cable operators 27 For example, a cable operator that does not reply to an answer to a leased access petition. ‘‘should be permitted to require an have its own website could post its contact Commenters did not address this issue, with the acknowledgement in the application information on a third-party website, such as the exception of Jones’s support of the Commission’s website of a cable or programmer trade association, 15-day proposal. To be consistent with the answer that certain ordinary commercial and it could train employees to provide that website filing deadline, which is 20 days under the general protections will apply, including that a to callers inquiring about leased access matters. complaint-filing rule but 30 days under the leased lessee must provide proof of insurance 28 For example, rather than specifying the contact access rule, we find that it is appropriate for the . . . and pass a credit check prior to person’s name, Cox has opted to provide that reply filing deadline to be 10 days under the general communications should be directed to the ‘‘Leased complaint-filing rule but 15 days under the leased entering into a lease.’’ In addition, Access Coordinator’’ and it lists an email address access rule. NCTA requests that the rules ‘‘provide for this person. 31 Although some commenters argue that we that if a leased access user has 29 Although the Commission adopted a should make additional changes to make the previously been dropped for non- comparable requirement in the 2008 Leased Access dispute resolution process faster and more efficient, Order, that requirement never went into effect we find insufficient justification for such changes payment, an operator can refuse to enter because OMB disapproved of the information at this time. We will revisit these issues in the into a leasing agreement with that entity collection requirements contained in that order. future if we determine that further modifications to or its principals in the future.’’ We note The reasons for the disapproval, however, were not the leased access dispute resolution procedures are that our rules already permit cable specifically related to the contact information needed. requirement, and as explained above we have 32 While some leased access programmers support operators to ‘‘impose reasonable minimized burdens of the new contact information a requirement that cable systems carry leased access insurance requirements on leased access requirement by providing cable operators with programming in HD, cable operators object to such programmers,’’ and we decline to adopt flexibility in complying. a requirement.

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commercial programming in standard burdens on cable operators by: (1) Circuit applied when it upheld the definition (SD). Permitting them to provide ACA’s leased access statute in 1996, 28. Insurance requirements. We proposed safe harbor rates, or a rate marketplace changes would dictate a decline to adopt new limits on the estimate, rather than a complete rate finding that the leased access regime is insurance requirements that cable schedule; (2) eliminating the no longer consistent with the First operators may impose on leased access requirement that they provide rates Amendment. Because changes in the programmers. We find that this proposal associated with technical and studio marketplace have dramatically is inconsistent with the Cable Services costs; and (3) eliminating the increased diversity and competition in Bureau’s prior conclusion that a cable requirement that they provide sample the video programming market, these operator has the ‘‘right to require contracts, or permitting them to provide commenters argue, the leased access reasonable liability insurance coverage term sheets instead of sample contracts. rules are no longer necessary to further for leased access programming.’’ We are We find that a leased access the government’s interest in promoting not persuaded that this conclusion was programmer may need to review the rate these goals. in error, and leased access programmers schedule, technical and studio costs, 33. We agree that dramatic changes in have provided no compelling evidence and a sample contract before deciding technology and the marketplace for the that the Commission should adopt whether to proceed in leasing access distribution of programming cast limits on the reasonable insurance under our current rules. We therefore substantial doubt on the constitutional requirements that cable operators may decline to adopt ACA’s proposals at this foundation for our leased access rules. impose on leased access programmers, time.35 We recognize that we rejected similar including limits on naming cable 31. Other proposals. We note that constitutional arguments in the 2008 affiliates as additional insureds.33 commenters responding to the FNPRM Leased Access Order, which we vacate 29. Limited carriage areas. We will raised several additional proposals on a today. Our analysis has changed not prohibit cable operators from variety of topics, which are not fully because the facts have changed: as refusing to carry leased access developed in the record or are outside explained above, the growth in programmers on only a portion of the the scope of this proceeding.36 We alternative outlets for programmers— operator’s system, even if the decline to address any of these particularly on the internet—has programmer is willing to pay the proposals at this time because we find exploded in the decade since the reasonable cost of a modulator or other that it is preferable to monitor the adoption of the 2008 Leased Access piece of equipment that would be impact of the rule changes we adopt Order. Given this proliferation of new needed to limit the carriage area.34 today before deciding if any of these distribution platforms, we now find that Rather, consistent with past practice, we modifications are needed. the First Amendment concerns raised by will continue evaluating any 32. The First Amendment. The commenters provide additional reason programmer complaints regarding cable changes in the video marketplace to interpret the statutory obligations of operator denials of leased access described above call into question section 612 in a manner that reduces carriage on a case-by-case basis. We whether our leased access rules are burdens on the speech of cable agree with Charter that the Act ‘‘does consistent with the First Amendment. operators. We do so here by, among not require that leased access be Specifically, while the leased access other things, eliminating the accommodated in this piece-meal rules were originally justified as Commission rule requiring that cable fashion.’’ Customers depend on a safeguarding competition and diversity operators make leased access available consistent channel lineup in a given in the face of cable operators’ monopoly on a part-time basis. While our rule geographic area, and cable operators power, the growth in available platforms changes are independently and should not be required to reconfigure to distribute programming seems to sufficiently supported by the policy their systems to make leased access have eroded this justification. We justifications above, we note that programming available only on a sought comment on this issue in the constitutional concerns rely on the same portion of the system. Indeed, if the FNPRM. Some commenters argue that premise: that changes in the video Commission permitted every leased changes in the marketplace mean that marketplace have substantially access programmer to provide a strict scrutiny may be the appropriate weakened the justifications for leased modulator and request a custom service standard of review for the leased access access.37 area, the ensuing technical and statute today. Some commenters further 34. Procedural Matters. As required operational burdens on cable operators claim that even under intermediate by the Regulatory Flexibility Act of easily could become unmanageable. scrutiny, which is the standard the D.C. 1980, as amended (RFA), the 30. Disclosure requirements. We Commission has prepared a Final decline to modify the information that 35 Similarly, we find that the costs to cable Regulatory Flexibility Analysis (FRFA) cable system operators must provide operators of providing potential leased access relating to the Report and Order. In prospective leased access programmers, programmers with extensive additional information would outweigh the potential benefits of providing summary, the Report and Order updates as set forth in section 76.970(i)(1) of our that additional information to prospective leased the Commission’s leased access rules as rules, except for the elimination of the access programmers. Accordingly, we decline to part of its Modernization of Media reference to part-time rates discussed adopt such requirements. We note, however, that Regulation Initiative. First, we adopt the above. ACA proposes that we could ease we do adopt leased access contact information requirements. In addition, current rules require FNPRM’s tentative conclusion that we disclosure of ‘‘[a] complete schedule of the should vacate the Commission’s 2008 33 Note that last year the Media Bureau dismissed operator’s full-time and part-time leased access Leased Access Order. Second, we adopt in part and otherwise denied a petition alleging that rates.’’ certain updates and improvements to a cable operator failed to demonstrate that its 36 In addition, SBN asks the Commission to our existing leased access rules. The insurance requirement was reasonable. The Bureau ‘‘clarify that independent programmers have the concluded that ‘‘[t]he threshold issue of whether a same right of access to multichannel video systems cable operator may require insurance coverage for owned by telephone companies as they have to 37 In the related Section Further Notice of leased access programming is settled,’’ and the other cable systems.’’ To the extent there is any Proposed Rulemaking, we seek further comment on cable operator ‘‘was reasonable to require insurance doubt, we clarify that a telephone company that is the constitutionality of the Commission’s overall coverage in this instance.’’ acting as a ‘‘cable operator’’ is subject to the leased leased access regime, which the Commission 34 LAPA proposed that we impose such a access requirements in the same manner as any adopted pursuant to express Congressional prohibition. other cable operator. authorization.

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action is authorized pursuant to sections part-time leased access, may also impact which shall become effective after the 4(i), 303, and 612 of the leased access programmers, including Commission publishes a notice in the Communications Act of 1934, as small programmers. We find that the Federal Register announcing OMB amended, 47 U.S.C. 154(i), 303, and marketplace changes discussed above, approval and the relevant effective date. 532. The types of small entities that may including in particular the availability 39. It is further ordered that the be affected by the proposals contained of online platforms for these small Commission’s Report and Order and in the FNPRM fall within the following programmers to distribute their content, Further Notice of Proposed Rulemaking categories: Cable Television Distribution justify this approach. The Report and in the Leased Commercial Access Services, Cable Companies and Systems Order considered alternatives to take proceeding, MB Docket No. 07–42, FCC (Rate Regulation), Cable System into account the impact on small 07–208, is hereby vacated. Operators (Telecom Act Standard), entities as follows: (1) The Report and 40. It is further ordered that the March Cable and Other Subscription Order concludes that eliminating part- 28, 2008 Request of National Cable & Programming, Motion Picture and Video time leased access entirely is a Telecommunications Association for a Production, and Motion Picture and preferable approach to the alternative of Stay, MB Docket No. 07–42, is Video Distribution. The projected establishing a set minimum amount of dismissed as moot. reporting, recordkeeping, and other leased access programming, given the 41. It is further ordered that the March compliance requirements are: (1) alternative means of distribution 31, 2008 TVC Broadcasting LLC Petition Vacating the 2008 Leased Access Order, available to programmers today and the for Reconsideration, MB Docket No. 07– including the Further Notice of costs that part-time leased access 42, is dismissed as moot. Proposed Rulemaking issued in imposes on cable operators. (2) While 42. It is further ordered that the conjunction with that order; (2) we consider one commenter’s Commission shall send a copy of this Eliminating the requirement that cable alternative proposal of a 45-day Report and Order and Second Further operators make leased access available response period for all cable operators, Notice of Proposed Rulemaking in a on a part-time basis; (3) Adopting the we conclude that tripling the current report to be sent to Congress and the proposal set out in the FNPRM to ease deadline is excessive. Government Accountability Office 35. The Report and Order contains burdens on cable operators by revising pursuant to the Congressional Review new or revised information collection § 76.970(i) of our rules to provide that Act, see 5 U.S.C. 801(a)(1)(A). requirements, as reflected in the Final all cable operators, and not just those Rules, §§ 76.970(h) and 76.975(e). The List of Subjects in 47 CFR Part 76 that qualify as ‘‘small systems’’ under Commission, as part of its continuing Administrative practice and that rule, are required to respond to a effort to reduce paperwork burdens, will procedure, Cable television, Reporting request for leased access information invite the general public and the Office and recordkeeping requirements. only if the request is bona fide; (4) of Management and Budget (OMB) to Federal Communications Commission. Easing burdens on cable operators by comment on the information collection Katura Jackson, extending the timeframe within which requirements contained in this they must provide prospective leased document, as required by the Paperwork Federal Register Liaison Officer. access programmers with the Reduction Act of 1995, Public Law 104– Final Rules information specified in § 76.970(i)(1) of 13 (44 U.S.C. 3501–3520). In addition, For the reasons discussed in the our rules, from 15 calendar days to 30 pursuant to the Small Business preamble, the Federal Communications calendar days for cable operators Paperwork Relief Act of 2002, Public Commission amends 47 CFR part 76 as generally, and from 30 calendar days to Law 107–198, see 44 U.S.C. 3506(c)(4), follows: 45 calendar days for operators of the Commission previously sought systems subject to small system relief; specific comment on how it might (5) Permitting cable operators to impose PART 76—MULTICHANNEL VIDEO ‘‘further reduce the information AND CABLE TELEVISION SERVICE a maximum leased access application collection burden for small business fee of $100 per system-specific bona fide concerns with fewer than 25 ■ 1. The authority citation for part 76 request, and deeming as reasonable employees.’’ continues to read as follows: under the Commission’s rules a security 36. The Commission will send a copy deposit or prepayment requirement of the Report and Order in a report to Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, equivalent to up to 60 days of the be sent to Congress and the Government applicable lease fee; (6) Adopting a 315, 317, 325, 338, 339, 340, 341, 503, 521, Accountability Office pursuant to the 522, 531, 532, 534, 535, 536, 537, 543, 544, requirement that cable operators Congressional Review Act, see 5 U.S.C. 544a, 545, 548, 549, 552, 554, 556, 558, 560, provide potential leased access 801(a)(1)(A). 561, 571, 572, 573. programmers with contact information 37. Ordering Clauses. Accordingly, it ■ 2. In § 76.970: for the person responsible for leased is ordered that, pursuant to the authority ■ A. Revise paragraph (a); access matters; and (7) Adopting found in sections 4(i), 303, and 612 of ■ B. Remove paragraph (h); common-sense modifications to the the Communications Act of 1934, as ■ C. Redesignate paragraphs (i) and (j) as procedures for leased access disputes, amended, 47 U.S.C. 154(i), 303, and paragraphs (h) and (i); which no commenter opposed. Finally, 532, this Report and Order is hereby ■ D. Revise newly redesignated commenters put forth several additional adopted. paragraph (h). proposals in response to the FNPRM, 38. It is further ordered that part 76 The revisions read as follows: and we reject the proposals at this time. of the Commission’s rules, 47 CFR part The SBA did not file comments. Many 76, is amended as set forth below, and § 76.970 Commercial leased access rates. of the actions taken in the Report and such rule amendments shall be effective (a) Cable operators shall designate Order will ease burdens, including thirty (30) days after the date of channel capacity for commercial use by economic burdens, on cable operators of publication in the Federal Register, persons unaffiliated with the operator, all sizes. The changes in the Report and except for §§ 76.970(h) and 76.975(e) and that seek to lease a programming Order that ease burdens on cable that contain new or modified channel on a full-time basis, in operators, such as the elimination of information collection requirements, accordance with the requirement of 47

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U.S.C. 532. For purposes of 47 U.S.C. through alternate means if they do not documented resident Canada goose 532(b)(1)(A) and (B), only those have their own websites, a contact name population levels ‘‘that are increasingly channels that must be carried pursuant or title, telephone number, and email coming into conflict with people and to 47 U.S.C. 534 and 535 qualify as address for the person responsible for causing personal and public property channels that are required for use by responding to requests for information damage.’’ Subsequently, the Service Federal law or regulation. For cable about leased access channels. implemented several actions intended systems with 100 or fewer channels, (i) Cable operators are permitted to to reduce, manage, and control resident channels that cannot be used due to negotiate rates below the maximum Canada goose populations in the technical and safety regulations of the rates permitted in paragraphs (c) continental United States and to reduce Federal Government (e.g., aeronautical through (g) of this section. related damages; those actions included channels) shall be excluded when depredation and control orders that calculating the set-aside requirement. § 76.971 [Amended] allow destruction of Canada goose nests * * * * * ■ 3. Amend § 76.971, by removing and eggs by authorized personnel (h)(1) Cable system operators shall paragraph (a)(4). between March 1 and June 30. However, provide prospective leased access ■ 4. Amend § 76.975 by revising some resident Canada geese currently programmers with the following paragraph (e) and adding paragraph (i) initiate nests in February, particularly in information within 30 calendar days of to read as follows: the southern United States, and it seems the date on which a bona fide request likely that in the future nest initiation § 76.975 Commercial leased access dates will begin earlier and hatching of for leased access information is made, dispute resolution. provided that the programmer has eggs will perhaps end later than dates remitted any application fee that the * * * * * currently experienced. This final rule cable system operator requires up to a (e) The cable operator or other amends the depredation and control maximum of $100 per system-specific respondent will have 30 days from orders to allow destruction of resident bona fide request: service of the petition to file an answer. Canada goose nests and eggs at any time (i) How much of the operator’s leased If a leased access rate is disputed, the of year. access set-aside capacity is available; answer must show that the rate charged DATES: This rule is effective July 22, (ii) A complete schedule of the is not higher than the maximum 2019. permitted rate for such leased access, operator’s full-time leased access rates; ADDRESSES: Comments we received on (iii) Rates associated with technical and must be supported by the affidavit the proposed rule, as well as the and studio costs; and of a responsible company official. If, proposed rule itself, the related (iv) If specifically requested, a sample after an answer is submitted, the staff environmental assessment, and this leased access contract. finds a prima facie violation of our final rule, are available at http:// (2) Operators of systems subject to rules, the staff may require a respondent www.regulations.gov in Docket No. small system relief shall provide the to produce additional information, or FWS–HQ–MB–2018–0012. specify other procedures necessary for information required in paragraph (h)(1) FOR FURTHER INFORMATION CONTACT: Paul resolution of the proceeding. Replies to of this section within 45 calendar days I. Padding, Atlantic Flyway answers must be filed within fifteen (15) of a bona fide request from a prospective Representative, Division of Migratory days after submission of the answer. leased access programmer. For these Bird Management, U.S. Fish and purposes, systems subject to small * * * * * Wildlife Service, 11510 American Holly system relief are systems that either: (i) Section 76.7 applies to petitions for Drive, Laurel, MD 20708; (301) 497– (i) Qualify as small systems under relief filed under this section, except as 5851; [email protected]. otherwise provided in this section. § 76.901(c) and are owned by a small SUPPLEMENTARY INFORMATION: cable company as defined under [FR Doc. 2019–13134 Filed 6–19–19; 8:45 am] § 76.901(e); or BILLING CODE 6712–01–P Authority and Responsibility (ii) Have been granted special relief. Migratory birds are protected under (3) Bona fide requests, as used in this four bilateral migratory bird treaties the section, are defined as requests from DEPARTMENT OF THE INTERIOR United States entered into with Great potential leased access programmers Britain (for Canada in 1916, as amended that have provided the following Fish and Wildlife Service in 1999), the United Mexican States information: (1936, as amended in 1972 and 1999), (i) The desired length of a contract 50 CFR Parts 20 and 21 Japan (1972, as amended in 1974), and term; [Docket No. FWS–HQ–MB–2018–0012; the Soviet Union (1978). Regulations (ii) The anticipated commencement FF09M21200–178–FXMB1232099BPP0L2] allowing the take of migratory birds are date for carriage; and authorized by the Migratory Bird Treaty (iii) The nature of the programming, RIN 1018–BC72 Act (Act; 16 U.S.C. 703–712), which (4) All requests for leased access must implements the above-mentioned Migratory Bird Permits; Regulations be made in writing and must specify the treaties. The Act provides that, subject for Managing Resident Canada Goose date on which the request was sent to to and to carry out the purposes of the Populations the operator. treaties, the Secretary of the Interior is (5) Operators shall maintain, for AGENCY: Fish and Wildlife Service, authorized and directed to determine Commission inspection, sufficient Interior. when, to what extent, and by what supporting documentation to justify the ACTION: Final rule. means allowing hunting, killing, and scheduled rates, including supporting other forms of taking of migratory birds, contracts, calculations of the implicit SUMMARY: In 2005, the U.S. Fish and their nests, and eggs is compatible with fees, and justifications for all Wildlife Service (Service or ‘‘we’’) the conventions. The Act requires the adjustments. published a final environmental impact Secretary to implement a determination (6) Cable system operators shall statement on management of resident by adopting regulations permitting and disclose on their own websites, or Canada geese (Branta canadensis) that governing those activities.

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