Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules 70489

the Commission were to eliminate the the Notice of Proposed Rulemaking in accessing the ECFS: http://fjallfoss.fcc rule, it would be expected to reduce MB Docket Nos. 19–310 and 17–105 on .gov/ecfs2/. compliance requirements for radio or before thirty (30) days after D Paper Filers: Parties who choose to broadcasters, including small entities. If publication in the Federal Register and file by paper must file an original and the rule were retained but modified to reply comments on or before forty five one copy of each filing. If more than one increase the contour overlap necessary (45) days after publication in the docket or rulemaking number appears in to trigger the rule or increase the Federal Register. the caption of this proceeding, filers amount of programming permitted to be 32. It is further ordered that the must submit two additional copies for duplicated on the commonly owned Commission’s Consumer and each additional docket or rulemaking stations, the compliance requirements Governmental Affairs Bureau, Reference number. would be reduced for radio Information Center, shall send a copy of D Filings can be sent by hand or broadcasters, as the current restriction this Notice of Proposed Rulemaking, messenger delivery, by commercial would be made more permissive. including the Initial Regulatory overnight courier, or by first-class or Conversely, were the rule to be modified Flexibility Act Analysis, to the Chief overnight U.S. Postal Service mail. All so as to decrease the contour overlap Counsel for Advocacy of the Small filings must be addressed to the necessary to trigger the rule or to Business Administration. Commission’s Secretary, Office of the decrease the amount of programming Secretary, Federal Communications permitted to be duplicated, it could List of Subjects in 47 CFR Part 73 Commission. increase the number of radio Television; Radio. D All hand-delivered or messenger- broadcasters subject to the rule and/or delivered paper filings for the Federal Communications Commission. Commission’s Secretary must be potentially increase the compliance Cecilia Sigmund, requirements for those broadcasters in delivered to FCC Headquarters at 445 situations that are not subject to the Federal Register Liaison Officer. 12th St. SW, Room TW–A325, existing rule. For the reasons discussed in the Washington, DC 20554. The filing hours 28. Steps Taken to Minimize preamble, the Federal Communications are 8:00 a.m. to 7:00 p.m. All hand Significant Economic Impact on Small Commission proposes to amend 47 CFR deliveries must be held together with Entities, and Significant Alternatives part 73 as follows: rubber bands or fasteners. Any Considered. The RFA requires an envelopes and boxes must be disposed agency to describe any significant PART 73—RADIO BROADCAST of before entering the building. alternatives that it has considered in SERVICES D Commercial overnight mail (other reaching its proposed approach, which than U.S. Postal Service Express Mail ■ may include the following four 1. The Authority citation for Part 73 and Priority Mail) must be sent to 9050 alternatives (among others): (1) The continues to read as follows: Junction Drive, Annapolis Junction, MD establishment of differing compliance or Authority: 47 U.S.C. 154, 155, 301, 303, 20701. reporting requirements or timetables 307, 309, 310, 334, 336, 339. D U.S. Postal Service first-class, Express, and Priority mail must be that take into account the resources § 73.3556 [Removed and Reserved] available to small entities; (2) the addressed to 445 12th Street SW, ■ clarification, consolidation, or 2. Remove and reserve § 73.3556. Washington, DC 20554. simplification of compliance or [FR Doc. 2019–27645 Filed 12–20–19; 8:45 am] Availability of Documents. reporting requirements under the rule BILLING CODE 6712–01–P Comments, reply comments, and ex for small entities; (3) the use of parte submissions will be available for performance, rather than design, public inspection during regular standards; and (4) an exemption from FEDERAL COMMUNICATIONS business hours in the FCC Reference coverage of the rule, or any part thereof, COMMISSION Center, Federal Communications for small entities. The NPRM seeks Commission, 445 12th Street SW, CY– comment on eliminating the radio 47 CFR Parts 73 and 74 A257, Washington, DC 20554. These duplication rule, which would relieve [MB Docket No. 03–185; DA 19–1231] documents will also be available via radio broadcasters, including small ECFS. Documents will be available entities, from costs of compliance with Low Power Television Digital Rules electronically in ASCII, Microsoft Word, the rule. The NPRM also seeks comment and/or Adobe Acrobat. AGENCY: Federal Communications on modifying the rule instead of People with Disabilities. To request Commission. repealing it, alternatives that will materials in accessible formats for minimize any burden on small entities, ACTION: Proposed rule. people with disabilities (Braille, large and on retention of the existing rule. print, electronic files, audio format), SUMMARY: In this document, the Media send an email to [email protected] or call 29. Federal Rules that May Duplicate, Bureau seeks to update the record in MB Overlap, or Conflict with the Proposed the FCC’s Consumer & Governmental Docket No. 03–185 on the operation of Affairs Bureau at (202) 418–0530 Rule. None. analog radio services by digital low 30. Ordering Clauses. Accordingly, it (voice), (202) 418–0432 (TTY). power television stations (LPTV) as is ordered that, pursuant to the For detailed instructions for ancillary or supplementary services. authority found in sections 1, 4(j), and submitting comments and additional 303(r) of the Communications Act of DATES: information on the rulemaking process, 1934, as amended, 47 U.S.C. 151, 154(i), Comments Due: January 22, 2020. see the SUPPLEMENTARY INFORMATION 154(j), and 303(r), this Notice of Reply Comments Due: February 6, section of this document. Proposed Rulemaking is adopted. 2020. FOR FURTHER INFORMATION CONTACT: 31. It is further ordered that, pursuant ADDRESSES: You may submit comments, Shaun Maher, [email protected] of to applicable procedures set forth in identified by MB Docket No. 03–185, by the Media Bureau, Video Division, (202) §§ 1.415 and 1.419 of the Commission’s any of the following methods: 418–2324. rules, 47 CFR 1.415 and 1.419, • Electronic Filers: Comments may be SUPPLEMENTARY INFORMATION: This is a interested parties may file comments on filed electronically using the internet by summary of the Media Bureau’s Notice

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of Proposed Rulemaking, DA 19–1231, supplementary service consistent with to only those analog channel 6 LPTV released December 4, 2019. The full text the Communications Act of 1934, as stations ‘‘currently operating’’ an analog is available for inspection and copying amended, and the rules. The FM radio-type service? How should the during regular business hours in the Commission also sought comment on Commission define the term ‘‘currently FCC Reference Center, 445 12th Street the potential for a digital LPTV station’s operating?’’ Should ‘‘currently SW, Room CY–A257, Portals II, analog FM radio-type service to interfere operating’’ be defined as an analog Washington, DC 20554, and may also be with or disrupt the LPTV station’s channel 6 LPTV station providing an purchased from the Commission’s copy digital TV service and/or interfere with analog FM radio-type service as of the contractor, BCPI, Inc., Portals II, 445 primary licensees. Finally, the release date of this Public Notice? The 12th Street SW, Room CY–B402, Commission asked whether such Bureau seeks comment on this proposal, Washington, DC 20554. Customers may operations should be subject to the Part other cut-off dates, or alternate ways to contact BCPI, Inc. via their website, 73 rules applicable to FM radio stations limit eligibility. http://www.bcpi.com, or call 1–800– and whether the analog FM radio-type 6. Channel 6 Commenters and PCPC 378–3160. This document is available in service should be subject to the five also maintain that analog radio signals alternative formats (computer diskette, percent fee imposed on revenues ‘‘can co-exist on the same 6 MHz large print, audio record, and Braille). generated by ancillary or supplementary channel as a digital [c]hannel 6 LPTV Persons with disabilities who need services. In a 2015 Report and Order, station without harming TV or FM documents in these formats may contact the Commission declined to decide this reception.’’ Channel 6 Commenters the FCC by email: [email protected] or issue, and instead noted that it would argues that ‘‘no verifiable evidence has phone: 202–418–0530 or TTY: 202–418– make a determination at a later date. ever been produced showing that a 0432. 4. Given the upcoming deadline for channel 6 television station, operating LPTV to transition to digital, the Bureau within the lawful parameters of its Synopsis finds it appropriate to refresh the record license, causes harmful interference to 1. In this document, the Media Bureau in this docket. Several parties have also an FM radio station.’’ PCPC (Bureau) seeks to update the record in recently raised some additional issues recommends revising the rules so that, MB Docket No. 03–185 on the operation on which the Bureau seeks comment. ‘‘if the operation of the LPTV station of analog radio services by digital low For example, Venture Technologies causes any actual interference to the power television stations (LPTV) as Group, Inc., et al. (Channel 6 transmission of any authorized FM ancillary or supplementary services Commenters) maintains that LPTV broadcast station, the LPTV station under § 74.790(i) of the Commission’s licensees should be allowed to make should be required to eliminate the rules. Due to the impending deadline for ‘‘the most efficient use of spectrum’’ by interference or immediately suspend elimination of the analog LPTV service, providing analog FM radio-type service operations.’’ California State University and recent developments in the record, on an ancillary or supplementary basis. Long Beach Research Foundation (Cal the Bureau seek to refresh the record in Preserve Community Programming State) disagrees and maintains that the this proceeding. Coalition (PCPC) agrees and Commission’s current rules ignore the 2. Historically, some analog LPTV recommends that the Commission potential for interference between LPTV stations licensed on channel 6 have modify its rules to allow those LPTV channel 6 analog audio operations and operated with very limited visual stations currently licensed and FM radio stations which Cal State programming and an audio signal that is operating in analog on channel 6 to describes as ‘‘particularly objectionable programmed like a radio station. FM continue transmitting an analog audio since LPTV are left free to propose radio listeners are able to receive the carrier when they transition to digital facilities that are predicted to cause audio portion of these LPTV stations at operations on channel 6. Both interference to primary service FM radio 87.76 MHz, which is adjacent to commenters claim that the provision of stations, even though LPTV is a noncommercial educational (NCE) FM independent aural and visual carriers secondary service.’’ Cal State asks that channel 201 (88.1 MHz). When these are allowed under the rules and we seek the Commission obtain ‘‘much more LPTV stations convert to digital, comment on whether that is an accurate detailed information’’ on this issue and however, they will be unable to reading of the Commission’s technical adopt rules to protect other stations continue providing such radio service rules. from interference. The Bureau seeks because the digital audio portion of 5. In addition, Channel 6 Commenters comment on the question of whether their signal can no longer be received by and PCPC maintain that digital LPTV analog FM-radio type services operated standard FM receivers. stations can operate with supplementary by digital LPTV channel 6 stations will 3. As part of the transition from audio signals pursuant to the existing cause impermissible interference to analog to digital operations, the ancillary or supplementary services other services. The Bureau requests the Commission sought comment in a 2014 rules. The Bureau seeks comment on submission of any more recent technical Notice of Proposed Rulemaking in MB these matters. Specifically, the Bureau studies demonstrating the feasibility of Docket No. 03–185, 29 FCC Rcd 12536 seeks comment on whether analog transmitting analog audio signals within (2014) (NPRM) on whether to allow channel 6 LPTV stations currently a digital television station’s spectrum. LPTV stations on digital television operating an analog FM-radio type 7. The Commission rules require FM channel 6 to continue to operate these service should be permitted to continue stations proposing operations on FM analog FM radio-type services on an to provide such service on an ancillary reserved band channels 201 through 220 ancillary or supplementary basis. or supplementary basis after they to protect television stations operating Specifically, the Commission sought transition to digital. Further, the Bureau on TV channel 6. Commenters should comment on whether to permit LPTV seeks comment on whether, and how, note that the Commission in July 2019 stations on digital television channel 6 the Commission could legally limit the adopted an Notice of Proposed to operate dual digital and analog number of stations eligible to offer such Rulemaking, 34 FCC Rcd 6537 (2019) transmission systems. The Commission a service. Should the Commission proposing elimination of these sought to determine whether a digital determine to limit eligibility, the Bureau protections entirely as of July 13, 2021 LPTV station can provide an analog FM seeks comment on the basis for such a (the deadline for the digital LPTV radio-type service as an ancillary or limitation. Should eligibility be limited transition) and adoption of a waiver

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process in the interim. The Commission Federal Communications Commission. and 5 p.m., Monday through Friday, acknowledged those analog LPTV Barbara Kreisman, except Federal holidays. channel 6 television stations providing Chief, Video Division. Instructions: All submissions must FM radio type services and specifically [FR Doc. 2019–27614 Filed 12–20–19; 8:45 am] include the agency name and Docket sought comment on whether the BILLING CODE 6712–01–P Number (PHMSA–2018–0025) for this proposed elimination of channel 6 notice at the beginning of the comment. television protection by FM radio To avoid duplication, please use only stations would be compatible with DEPARTMENT OF TRANSPORTATION one of these four methods. All LPTV audio operations on 87.7 MHz if comments received will be posted such operations were allowed to Pipeline and Hazardous Materials without change to the Federal Docket continue. Safety Administration Management System (FDMS) and will 8. Finally, given the passage of time include any personal information you since the NPRM was adopted, the 49 CFR Parts 172 and 173 provide. If sent by mail, comments must Bureau seeks comment on the remaining be submitted in duplicate. Persons issues raised in the NPRM. For example, [Docket No. PHMSA–2018–0025 (HM–264); wishing to receive confirmation of as required by Section 336(b)(1) of the Notice No. 2019–14] receipt of their comments must include Act, is use of digital LPTV channel 6 for RIN 2137–AF40 a self-addressed stamped postcard. an analog service ‘‘consistent with the Docket: For access to the dockets to technology or method designated by the Hazardous Materials: Liquefied Natural read associated documents or comments Commission for the provision of Gas by Rail; Extension of Comment received, go to http:// advanced television services’’? The Period www.regulations.gov or DOT’s Docket Bureau seeks comment on how an Operations Office (see ADDRESSES). ancillary or supplementary analog AGENCY: Pipeline and Hazardous Materials Safety Administration Privacy Act: In accordance with 5 service is ‘‘consistent with’’ digital U.S.C. 553(c), DOT solicits comments technology. If the Commission decides (PHMSA), Department of Transportation (DOT). from the public to better inform its to permit analog FM radio-type process. DOT posts these comments, ACTION: operations by digital LPTV stations on Proposed rule; Extension of without change, including any personal an ancillary or supplementary basis, the comment period. information the commenter provides, to Bureau seeks comment on whether such SUMMARY: On October 24, 2019, PHMSA http://www.regulations.gov, as operations should be subject to the Part published a notice of proposed described in the system of records 73 rules applicable to FM radio stations. rulemaking (NPRM), entitled notice (DOT/ALL–14 FDMS), which can Should channel 6 digital LPTV stations ‘‘Hazardous Materials: Liquefied Natural be reviewed at http://www.dot.gov/ authorized to provide analog FM radio- Gas by Rail (HM–264)’’ proposing privacy. type operations be prohibited from changes to the Hazardous Materials Confidential Business Information: transferring such authorization and Regulations to allow for the bulk Confidential Business Information (CBI) should the right to continue the analog transport of Methane, refrigerated is commercial or financial information operation terminate with an assignment liquid, commonly known as liquefied that is both customarily and actually or transfer? natural gas (LNG), in rail tank cars. In treated as private by its owner. Under 9. In addition, the Bureau seeks response to a request for an extension of the Freedom of Information Act (FOIA) further comment on whether the the comment period from the Offices of (5 U.S.C. 552), CBI is exempt from provision of an analog FM radio-type the Attorneys General of New York and public disclosure. If your comments service on an ancillary or Maryland, PHMSA is extending the responsive to this NPRM contain supplementary basis should be subject comment period for the HM–264 NPRM commercial or financial information to a five percent fee on revenues for an additional 21 days. Comments to that is customarily treated as private, generated by such service. Channel 6 the HM–264 NPRM will now be due that you actually treat as private, and Commenters maintains that ‘‘a January 13, 2020. that is relevant or responsive to this supplementary 87.7 MHz audio signal NPRM, it is important that you clearly qualifies as an ancillary service, which DATES: Comments should be received on or before January 13, 2020. To the extent designate the submitted comments as entitles the government to 5% of its CBI. Please mark each page of your revenue.’’ possible, PHMSA will consider late- filed comments. submission containing CBI as ‘‘PROPIN.’’ PHMSA will treat such Initial Regulatory Flexibility Act ADDRESSES: Comments should reference Analysis marked submissions as confidential Docket No. PHMSA–2018–0025 and under the FOIA, and they will not be The NPRM included an Initial may be submitted in the following ways: placed in the public docket of this • Federal eRulemaking Portal: http:// Regulatory Flexibility Analysis (IRFA) NPRM. Submissions containing CBI www.regulations.gov. Follow the pursuant to 5 U.S.C. 603, exploring the should be sent to Michael Ciccarone, instructions for submitting comments. potential impact on small entities of the U.S. Department of Transportation, 1200 Commission’s proposals. The Bureau • Fax: 1–202–493–2251. • Mail: Docket Management System; New Jersey Avenue SE, Washington, DC invites parties to file comments on the 20590–0001. Any commentary that IRFA in light of this request to refresh U.S. Department of Transportation, West Building, Ground Floor, Room PHMSA receives which is not the record. Comments must be specifically designated as CBI will be identified as responses to the IRFA and W12–140, Routing Symbol M–30, 1200 New Jersey Avenue SE, Washington, DC placed in the public docket for this must be filed by the deadlines for rulemaking. comments indicated on the first page of 20590. this document. • Hand Delivery: To the Docket FOR FURTHER INFORMATION CONTACT: Management System; Room W12–140 Michael Ciccarone, Standards and List of Subjects in 47 CFR Parts 73 and on the ground floor of the West Rulemaking Division, (202) 366–8553, 74 Building, 1200 New Jersey Avenue SE, Pipeline and Hazardous Materials Safety Television, Low Power Television. Washington, DC 20590, between 9 a.m. Administration, or Mark Maday, Federal

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