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Federal Register/Vol. 77, No. 218/Friday, November 9, 2012/Rules and Regulations

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Federal Register/Vol. 77, No. 218/Friday, November 9, 2012/Rules and Regulations 67290 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations affected by a disaster to designate those benefits of a grantee’s or subgrantee’s October 10, 2012 and released on areas where the debris is so widespread permanently employed personnel are: October 12, 2012. The full text of this that removal of the debris from private (i) Eligible in calculating the cost of document is available for public property is in the ‘‘public interest’’ eligible permanent repair, restoration, inspection and copying during regular pursuant to 44 CFR 206.224, and thus is and replacement of facilities under business hours in the FCC Reference eligible for FEMA Public Assistance section 406 of the Stafford Act; Center, Federal Communications reimbursement on a case-by-case basis. (ii) Eligible, at the Administrator’s Commission, 445 12th Street SW., CY– This rule will not affect a taking of discretion, in calculating the cost of A257, Washington, DC 20554. This private property or otherwise have eligible debris removal work under document will also be available via taking implications under Executive sections 403(a)(3)(A), 502(a)(5), and 407 ECFS (http://www.fcc.gov/cgb/ecfs/). Order 12630. of the Stafford Act for a period not to (Documents will be available exceed 30 consecutive calendar days, electronically in ASCII, Word 97, and/ K. Congressional Review of Agency provided the grantee’s or subgrantee’s or Adobe Acrobat.) The complete text Rulemaking permanently employed personnel are may be purchased from the FEMA is sending the rule to Congress dedicated solely to eligible debris Commission’s copy contractor, 445 12th and to the Government Accountability removal work for any major disaster or Street SW., Room CY–B402, Office pursuant to the Congressional emergency declared by the President on Washington, DC 20554. To request these Review of Agency Rulemaking Act or after October 27, 2012, in response to documents in accessible formats (Congressional Review Act)(CRA), Hurricane Sandy; and (computer diskettes, large print, audio Public Law 104–121, 110 Stat. 873 (iii) Not eligible in calculating the cost recording, and Braille), send an email to (March 29, 1996) (5 U.S.C. 801 et seq). of other eligible emergency protective [email protected] or call the Commission’s This rule is not a ‘‘major rule’’ within measures under sections 403 and 502 of Consumer and Governmental Affairs the meaning of the CRA. Furthermore, the Stafford Act, except for those costs Bureau at (202) 418–0530 (voice), (202) Section 808 of the CRA allows the associated with host state evacuation 418–0432 (TTY). issuing agency to make a rule effective and sheltering, as established in Summary of the Report and Order sooner than otherwise provided by the § 206.202. 1. With this Report and Order (Order), CRA if the agency makes a good cause * * * * * finding that notice and public procedure we amend our rules to allow cable is impracticable, unnecessary or Janet Napolitano, operators to encrypt the basic service contrary to the public interest. As stated Secretary. tier in all-digital cable systems if they previously, FEMA has made such a [FR Doc. 2012–27382 Filed 11–8–12; 8:45 am] comply with certain consumer- protection measures. As discussed good cause finding, including the BILLING CODE 9111–23–P reasons therefore. below, this rule change will benefit consumers who can have their cable List of Subjects in 44 CFR Part 206 service activated and deactivated from a FEDERAL COMMUNICATIONS remote location. By allowing remote Administrative practice and COMMISSION procedure, Coastal zone, Community activation and deactivation, we expect facilities, Disaster assistance, Fire 47 CFR Part 76 our amended rules will result in prevention, Grant programs-housing and benefits to both cable operators and community development, Housing, [MB Docket No. 11–69; PP Docket No. 00– consumers by significantly reducing the 67; FCC 12–126] Insurance, Intergovernmental relations, number of truck rolls associated with provisioning service and significantly Loan programs-housing and community Basic Service Tier Encryption reducing the need for subscribers to development, Natural resources, Compatibility Between Cable Systems wait for service calls to activate or Penalties, Reporting and recordkeeping and Consumer Electronics Equipment requirements. deactivate cable service. At the same For the reasons discussed in the AGENCY: Federal Communications time, we recognize that this rule change preamble, the Federal Emergency Commission. will adversely affect a small number of Management Agency amends 44 CFR ACTION: Final rule. cable subscribers who currently view part 206 as follows: the digital basic service tier without SUMMARY: In this document, the using a set-top box or other equipment. PART 206—FEDERAL DISASTER Commission adopts new rules to allow If a cable operator decides to encrypt the ASSISTANCE cable operators to encrypt the basic digital basic tier, then these subscribers service tier in all-digital systems, will need equipment to continue ■ 1. The authority citation for part 206 provided that those cable operators viewing the channels on this tier. To is revised to read as follows: undertake certain consumer protection give those consumers time to resolve the Authority: Robert T. Stafford Disaster measures for a limited period of time in incompatibility between consumer Relief and Emergency Assistance Act, 42 order to minimize any potential electronics equipment (such as digital U.S.C. 5121 through 5207; Homeland subscriber disruption. television sets) and newly encrypted Security Act of 2002, 6 U.S.C. 101 et seq.; DATES: Effective December 10, 2012. cable service, we require operators of Department of Homeland Security Delegation cable systems that choose to encrypt the FOR FURTHER INFORMATION CONTACT: 9001.1. For basic service tier to comply with certain additional information on this consumer protection measures for a ■ 2. Revise § 206.228, paragraph (a)(2) to proceeding, contact Brendan Murray, read as follows: period of time. In addition, we note that [email protected], of the Media this rule change may impact the ability § 206.228 Allowable costs. Bureau, Policy Division, (202) 418– of a small number of subscribers that 2120. * * * * * use certain third-party equipment that is (a) * * * SUPPLEMENTARY INFORMATION: This is a not CableCARD compatible to access (2) Force Account Labor Costs. The summary of the Commission’s Report channels on the basic service tier. To straight- or regular-time salaries and and Order, FCC 12–126, adopted on address this issue, we require the six VerDate Mar<15>2010 13:51 Nov 08, 2012 Jkt 229001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 wreier-aviles on DSK5TPTVN1PROD with Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations 67291 largest incumbent cable operators to scramble most of their signals. As cable such systems because they already have comply with additional requirements operators began to transition a set-top box or CableCARD-equipped that are intended to ensure programming on their cable retail device. Furthermore, they compatibility with certain third-party- programming service tier (‘‘CPST’’) to contend, encrypting the basic service provided equipment used to access the digital, many program carriage tier in an all-digital system would basic tier. agreements required cable operators to eliminate the need for many service 2. Background. In the Cable encrypt that programming as a calls because it would allow cable Television Consumer Protection and condition of carriage. In addition, cable operators to enable and disable cable Competition Act of 1992 (‘‘1992 Cable operators use encryption as part of their service remotely, activating and Act’’), Congress sought to make sure that conditional access system to ensure that deactivating the encryption capability of consumer electronics equipment could cable service is available only to those set-top boxes and CableCARDs from the receive cable programming and that who have paid for it. Particular methods headend rather than visiting compatibility issues did not limit the of encryption, however, vary across subscribers’ homes. Today, cable premium features of that equipment. cable systems, which could lead to operators typically must manually Section 17 of that law added section incompatibility between consumer connect and disconnect the cable that 624A to the Communications Act of devices and cable service. In 2003, the runs to a home to activate or deactivate 1934, as amended. Section 624A Commission adopted the CableCARD service and use traps to block access to requires the Commission to issue standard to address this incompatibility particular channels. If the cable operator regulations to assure compatibility problem. The CableCARD, which were allowed to encrypt every signal, between consumer electronics subscribers must lease from their cable the operator could keep every home equipment and cable systems. In 1994, provider either as a part of a leased set- connected to the cable plant regardless the Commission implemented the top box or separately for use in a of whether the home subscribes to cable requirements of section 624A in part by compatible retail television or set-top service. In addition, the operator could adding § 76.630(a) to its rules. Section box, decrypts the cable services. At ensure that only paid subscribers are 76.630(a) prohibits cable operators from present, over 78 percent of all cable able to access the service by authorizing scrambling or encrypting signals carried subscribers have at least one leased set- and deauthorizing CableCARDs, or other on the basic tier of service. Encryption top box or retail CableCARD device in legitimate devices, as people subscribe is an essential component of a their home. Cable operators who offer to or cancel cable service. conditional access system, which cable only digital service indicate that all of 6. In January 2010, the Media Bureau operators use to ensure that subscribers their subscribers have at least one leased granted a conditional waiver of the rule receive only the services that they are set-top box or retail CableCARD device.
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