Federal Register/Vol. 85, No. 103/Thursday, May 28, 2020
Total Page:16
File Type:pdf, Size:1020Kb
32256 Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Proposed Rules FEDERAL COMMUNICATIONS closes-headquarters-open-window-and- presentation of data or arguments COMMISSION changes-hand-delivery-policy. already reflected in the presenter’s 7. During the time the Commission’s written comments, memoranda, or other 47 CFR Part 1 building is closed to the general public filings in the proceeding, the presenter [MD Docket Nos. 19–105; MD Docket Nos. and until further notice, if more than may provide citations to such data or 20–105; FCC 20–64; FRS 16780] one docket or rulemaking number arguments in his or her prior comments, appears in the caption of a proceeding, memoranda, or other filings (specifying Assessment and Collection of paper filers need not submit two the relevant page and/or paragraph Regulatory Fees for Fiscal Year 2020. additional copies for each additional numbers where such data or arguments docket or rulemaking number; an can be found) in lieu of summarizing AGENCY: Federal Communications original and one copy are sufficient. them in the memorandum. Documents Commission. For detailed instructions for shown or given to Commission staff ACTION: Notice of proposed rulemaking. submitting comments and additional during ex parte meetings are deemed to be written ex parte presentations and SUMMARY: In this document, the Federal information on the rulemaking process, must be filed consistent with section Communications Commission see the SUPPLEMENTARY INFORMATION 1.1206(b) of the Commission’s rules. In (Commission) seeks comment on several section of this document. proceedings governed by section 1.49(f) proposals that will impact FY 2020 FOR FURTHER INFORMATION CONTACT: of the Commission’s rules or for which regulatory fees. Roland Helvajian, Office of Managing Director at (202) 418–0444. the Commission has made available a DATES: Submit comments on or before method of electronic filing, written ex SUPPLEMENTARY INFORMATION: This is a June 12, 2020; and reply comments on parte presentations and memoranda summary of the Commission’s Notice of or before June 29, 2020. summarizing oral ex parte Proposed Rulemaking (NPRM), FCC 20– ADDRESSES: Pursuant to sections 1.415 presentations, and all attachments and 1.419 of the Commission’s rules, 47 64, MD Docket No. 19–105, and MD thereto, must be filed through the CFR 1.415, 1.419, interested parties may Docket No. 20–105, adopted on May 12, electronic comment filing system file comments and reply comments 2020 and released on May 13, 2020. The available for that proceeding, and must identified by MD Docket No. 20–105, by full text of this document is available for be filed in their native format (e.g., .doc, any of the following methods below. inspection and copying during normal .xml, .ppt, searchable .pdf). Participants Comments and reply comments may be business hours in the FCC Reference in this proceeding should familiarize filed using the Commission’s Electronic Center, 445 12th Street SW, Room CY– themselves with the Commission’s ex Comment Filing System (ECFS). See A257, Portals II, Washington, DC 20554, parte rules. Electronic Filing of Documents in and may also be purchased from the 9. Initial Regulatory Flexibility Rulemaking Proceedings, 63 FR 24121 Commission’s copy contractor, BCPI, Analysis. An initial regulatory flexibility (1998). Inc., Portals II, 445 12th Street SW, analysis (IRFA) is contained in this 1. Electronic Filers: Comments may be Room CY–B402, Washington, DC 20554. summary. Comments to the IRFA must filed electronically using the internet by Customers may contact BCPI, Inc. via be identified as responses to the IRFA accessing the ECFS: http://apps.fcc.gov/ their website, http://www.bcpi.com, or and filed by the deadlines for comments ecfs/. call 1–800–378–3160. This document is on the Notice of Proposed Rulemaking. 2. Paper Filers: Parties who choose to available in alternative formats The Commission will send a copy of the file by paper must file an original and (computer diskette, large print, audio Notice of Proposed Rulemaking, one copy of each filing. record, and braille). Persons with including the IRFA, to the Chief 3. Filings can be sent by commercial disabilities who need documents in Counsel for Advocacy of the Small overnight courier, or by first-class or these formats may contact the FCC by Business Administration. overnight U.S. Postal Service mail. All email: [email protected] or phone: 202– 10. Initial Paperwork Reduction Act of filings must be addressed to the 418–0530 or TTY: 202–418–0432. 1995 Analysis. This document does not Commission’s Secretary, Office of the I. Procedural Matters contain new or modified information Secretary, Federal Communications collection requirements subject to the Commission. 8. Ex Parte Information. This Paperwork Reduction Act of 1995 4. Commercial overnight mail (other proceeding shall be treated as a ‘‘permit- (PRA), Public Law 104–13. In addition, than U.S. Postal Service Express Mail but-disclose’’ proceeding in accordance therefore, it does not contain any new and Priority Mail) must be sent to 9050 with the Commission’s ex parte rules. or modified information collection Junction Drive, Annapolis Junction, MD Persons making ex parte presentations burden for small business concerns with 20701. must file a copy of any written fewer than 25 employees, pursuant to 5. U.S. Postal Service first-class, presentation or a memorandum the Small Business Paperwork Relief Express, and Priority mail must be summarizing any oral presentation Act of 2002, Public Law 107–198, see 44 addressed to 445 12th Street SW, within two business days after the U.S.C. 3506(c)(4). Washington, DC 20554. presentation (unless a different deadline 6. Effective March 19, 2020, and until applicable to the Sunshine period II. Notice of Proposed Rulemaking further notice, the Commission no applies). Persons making oral ex parte 11. Congress has required the longer accepts any hand or messenger presentations are reminded that Commission to collect $339,000,000 in delivered filings. This is a temporary memoranda summarizing the regulatory fees for FY 2020. Section 9 of measure taken to help protect the health presentation must (1) list all persons the Act directs the Commission to set and safety of individuals, and to attending or otherwise participating in regulatory fees to ‘‘reflect the full-time mitigate the transmission of COVID–19. the meeting at which the ex parte equivalent number of employees within See FCC Announces Closure of FCC presentation was made, and (2) the bureaus and offices of the Headquarters Open Window and summarize all data presented and Commission adjusted to take into Change in Hand-Delivery Policy, Public arguments made during the account factors that are reasonably Notice, DA 20–304 (March 19, 2020). presentation. If the presentation related to the benefits provided to the https://www.fcc.gov/document/fcc- consisted in whole or in part of the payor of the fee by the Commission’s VerDate Sep<11>2014 19:05 May 27, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\28MYP2.SGM 28MYP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Proposed Rules 32257 activities.’’ The Commission terrestrial and satellite circuits. We seek First, the Commission proposes to implements this directive by looking comment on this allocation. account for the objectively measurable first to identify the bureaus that conduct 16. The Commission proposes to reduction in population by reducing the work that directly benefits fee payors simplify the assessment by combining population counts used in TVStudy by and their FTEs, in order to establish the two categories and assess IBC fees 16.9%, or the decline between the last ‘‘direct’’ FTEs. The remaining FTEs and based on a unified fee structure. Under census in 2010 and the current other Commission costs we categorize as this approach, terrestrial and satellite population estimate. Second, the indirect. Once we have identified the facility owners will pay regulatory fees Commission further proposes to limit direct FTEs by operating bureau, we based on the number of active the market served by a primary look within each bureau to allocate fees international circuits using the rates set television stations and commonly to specific fee categories. The out in the tiers. Submarine cable owned satellite broadcast stations in Commission uses these proportional operators would continue to pay Puerto Rico to no more than 3.10 calculations to allocate all Commission regulatory fees for each international million people, the latest population non-auction costs, direct and indirect, submarine cable system based on the estimate. Under this scenario, the fee for across all fee categories. To establish active (or lit) capacity of the cable television broadcasters and commonly specific fees, the FCC identifies ‘‘units’’ system using the same tier. owned satellites, using the proposed that corollate to the benefit provided; for 17. We seek comment on the use of population fee of $.007837, would not example, broadcast licensee fees will a unified tiered structure for IBCs and exceed $24,300. We seek comment on vary by population served 1 and wireless these proposed fees, which are based on these proposals. licensees will pay fees based on their a ratio attributing 95% to submarine 21. The Commission proposes to number of subscribers. cables and 5% to terrestrial and satellite continue to assess cable TV systems and 12. The Commission projects international bearer circuits. As an IPTV providers at the same rate for approximately $30.52 million (9.00% of alternative, we seek comment on regulatory fee purposes. The the total FTE allocation, 28 direct FTEs) maintaining the current fee structure for Commission has increased the DBS in fees from International Bureau international bearer circuits and having regulatory fee by 12 cents per subscriber regulatees; $79.57 million (23.47% of the fees for submarine cables based on per year in each subsequent year.