Federal Register/Vol. 84, No. 108/Wednesday, June 5, 2019
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26234 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules FEDERAL COMMUNICATIONS I. Procedural Matters Documents in Rulemaking Proceedings, COMMISSION 63 FR 24121 (1998). A. Ex Parte Information • Electronic Filers: Comments may be 47 CFR Part 1 1. This proceeding shall be treated as filed electronically using the internet by a ‘‘permit-but-disclose’’ proceeding in accessing the ECFS: http://apps.fcc.gov/ [MD Docket Nos. 19–105; FCC 19–37] accordance with the Commission’s ex ecfs/. parte rules.1 Persons making ex parte • Paper Filers: Parties who choose to Assessment and Collection of presentations must file a copy of any file by paper must file an original and Regulatory Fees for Fiscal Year 2019 written presentation or a memorandum one copy of each filing. If more than one summarizing any oral presentation docket or rulemaking number appears in AGENCY: Federal Communications within two business days after the the caption of this proceeding, filers Commission. presentation (unless a different deadline must submit two additional copies for ACTION: Proposed rule. applicable to the Sunshine period each additional docket or rulemaking applies). Persons making oral ex parte number. SUMMARY: In this document, the Federal presentations are reminded that Filings can be sent by hand or Communications Commission memoranda summarizing the messenger delivery, by commercial (Commission) proposes to revise its presentation must (1) list all persons overnight courier, or by first-class or Schedule of Regulatory Fees to recover attending or otherwise participating in overnight U.S. Postal Service mail. All an amount of $339,000,000 that the meeting at which the ex parte filings must be addressed to the Congress has required the Commission presentation was made, and (2) Commission’s Secretary, Office of the to collect for fiscal year 2019. summarize all data presented and Secretary, Federal Communications DATES: Submit comments on or before Commission. arguments made during the • June 7, 2019; and reply comments on or presentation. If the presentation All hand-delivered or messenger- before June 24, 2019. consisted in whole or in part of the delivered paper filings for the presentation of data or arguments Commission’s Secretary must be ADDRESSES: You may submit comments, delivered to FCC Headquarters at 445 identified by MD Docket No. 19–105, by already reflected in the presenter’s written comments, memoranda, or other 12th St. SW, Room TW–A325, any of the following methods: Washington, DC 20554. The filing hours • filings in the proceeding, the presenter Federal eRulemaking Portal: http:// are 8:00 a.m. to 7:00 p.m. All hand www.regulations.gov. Follow the may provide citations to such data or arguments in his or her prior comments, deliveries must be held together with instructions for submitting comments. rubber bands or fasteners. Any • memoranda, or other filings (specifying Federal Communications envelopes and boxes must be disposed Commission’s website: http:// the relevant page and/or paragraph numbers where such data or arguments of before entering the building. www.fcc.gov/cgb/ecfs. Follow the • Commercial overnight mail (other instructions for submitting comments. can be found) in lieu of summarizing them in the memorandum. Documents than U.S. Postal Service Express Mail • People with Disabilities: Contact the shown or given to Commission staff and Priority Mail) must be sent to FCC, FCC to request reasonable during ex parte meetings are deemed to 9050 Junction Drive, Annapolis accommodations (accessible format be written ex parte presentations and Junction, MD 20701. documents, sign language interpreters, • U.S. Postal Service first-class, must be filed consistent with § 1.1206(b) CART, etc.) by email: [email protected] Express, and Priority mail must be of the Commission’s rules. In or phone: 202–418–0530 or TTY: 202– addressed to 445 12th Street SW, proceedings governed by § 1.49(f) of the 418–0432. Washington, DC 20554. Commission’s rules or for which the 3. People with Disabilities: To request For detailed instructions for Commission has made available a materials in accessible formats for submitting comments and additional method of electronic filing, written ex people with disabilities (braille, large information on the rulemaking process, parte presentations and memoranda print, electronic files, audio format), see the SUPPLEMENTARY INFORMATION summarizing oral ex parte send an email to [email protected] or call section of this document. presentations, and all attachments the Consumer & Governmental Affairs FOR FURTHER INFORMATION CONTACT: thereto, must be filed through the Bureau at 202–418–0530 (voice), 202– Roland Helvajian, Office of Managing electronic comment filing system 418–0432 (tty). Director at (202) 418–0444. available for that proceeding, and must SUPPLEMENTARY INFORMATION: This is a be filed in their native format (e.g., .doc, C. Initial Regulatory Flexibility Analysis summary of the Commission’s Notice of .xml, .ppt, searchable .pdf). Participants 4. An initial regulatory flexibility Proposed Rulemaking (NPRM), MD in this proceeding should familiarize analysis (IRFA) is contained in this Docket No. 19–105, FCC 19–37, adopted themselves with the Commission’s ex summary. Comments to the IRFA must on May 7, 2019 and released on May 8, parte rules. be identified as responses to the IRFA 2019. The full text of this document is B. Filing Instructions and filed by the deadlines for comments available for inspection and copying on the Notice of Proposed Rulemaking. during normal business hours in the 2. Pursuant to §§ 1.415 and 1.419 of The Commission will send a copy of the FCC Reference Center, 445 12th Street the Commission’s rules, 47 CFR 1.415, Notice of Proposed Rulemaking, SW, Room CY–A257, Portals II, 1.419, interested parties may file including the IRFA, to the Chief Washington, DC 20554. This document comments and reply comments on or Counsel for Advocacy of the Small is available in alternative formats before the dates indicated on the first Business Administration. (computer diskette, large print, audio page of this document. Comments may record, and Braille). Persons with be filed using the Commission’s D. Initial Paperwork Reduction Act of disabilities who need documents in Electronic Comment Filing System 1995 Analysis these formats may contact the FCC by (ECFS). See Electronic Filing of 5. This document does not contain email: [email protected] or phone: 202– new or modified information collection 418–0530 or TTY: 202–418–0432. 1 47 CFR 1.1200 et seq. requirements subject to the Paperwork VerDate Sep<11>2014 18:10 Jun 04, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\05JNP2.SGM 05JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules 26235 Reduction Act of 1995 (PRA), Public fee rulemaking under the modified more accurately reflect the number of Law 104–13. In addition, therefore, it statute by October 2019.7 FTEs working on regulation and does not contain any new or modified 8. Congress established the oversight of regulatees in the fee information collection burden for small Commission’s regulatory fee authority categories.13 The Commission has since business concerns with fewer than 25 in 1993 when Congress adopted a updated the FTE allocations annually. employees, pursuant to the Small statutory schedule of regulatory fees and Other recent examples include the FY Business Paperwork Relief Act of 2002, charged the Commission with updating 2015 NPRM, where the Commission Public Law 107–198, see 44 U.S.C. and amending the schedule pursuant to adopted a regulatory fee category for 3506(c)(4). statutory guidance on an annual basis.8 Direct Broadcast Satellite (DBS), as a The Commission discharged its subcategory of the cable television and II. Introduction statutory obligation by (1) adopting IPTV fee category.14 In explaining the 9 6. In this Notice of Proposed regulatory fee rules and descriptions of change, the Commission described both 10 Rulemaking (NPRM), we seek comment each fee category listed in the statute the change in the service and the on the Commission’s proposed and (2) annually making adjustments to Commission’s regulation thereof in the regulatory fees for fiscal year (FY) 2019. the fee schedule through a notice and decades since adoption of the original 11 Specifically, we propose to collect comment rulemaking proceeding. fee schedule and how DBS providers $339,000,000 in regulatory fees for FY Such annual reviews of the fee schedule benefited from the work of Media 2019,2 pursuant to sections 9 and 9A of proposed revisions to the schedule to Bureau FTEs on multichannel video 15 the Communications Act of 1934, as reflect changes in the amount of the programming distributors (MVPDs). amended (Act or Communications Act), Commission’s appropriation and other And in the FY 2016 Report and Order, and the Commission’s FY 2019 changes based upon the criteria the Commission adjusted regulatory fees Appropriation.3 The proposed included in section 9 of the for radio and television broadcasters, regulatory fee schedule for FY 2019 is Communications Act. based on the type and class of service 9. Since 1993, the Commission has 16 set forth in Tables 2 and 3. For and on the population served. The made numerous changes to the comparison purposes, the FY 2018 Commission has also made other schedule. In making such changes, the regulatory fee rates are listed in Table 7. improvements to its regulatory fee Commission used the statutory criterion analysis as part of its annual review. For In this NPRM, we also seek comment on that the fee reflect the benefits provided modifications to the Commission’s example, in the FY 2017 Report and to the payor of the fee and factors Order, the Commission included non- regulatory fee authority under the RAY reasonably related to that criterion.