Federal Communications Commission
Total Page：16
File Type：pdf, Size：1020Kb
Tuesday, March 8, 2005 Part II Federal Communications Commission 47 CFR Part 76 Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act; Notice of Proposed Rulemaking; Proposed Rule VerDate jul<14>2003 18:46 Mar 07, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08MRP2.SGM 08MRP2 11314 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Proposed Rules FEDERAL COMMUNICATIONS 20554, or via the Internet to other forms of information technology. COMMISSION [email protected]. In addition, pursuant to the Small SUPPLEMENTARY INFORMATION: This is a Business Paperwork Relief Act of 2002, 47 CFR Part 76 summary of the Federal (‘‘SBPRA’’), Public Law 107–198, 116 [MB Docket No. 05–49; FCC 05–24] Communications Commission’s Notice Stat 729 (2002), see 44 U.S.C. 3506(c)(4), of Proposed Rulemaking (‘‘NPRM’’) FCC comments should also address how the Implementation of the Satellite Home 05–24, adopted on February 4, 2005, Commission might ‘‘further reduce the Viewer Extension and Reauthorization and released on February 7, 2005. The information collection burden for small Act of 2004; Implementation of Section full text of this document is available for business concerns with fewer than 25 340 of the Communications Act; Notice public inspection and copying during employees.’’ The following existing information of Proposed Rulemaking regular business hours in the FCC collection requirements would be Reference Center, Federal AGENCY: Federal Communications modified if the proposed rules Commission. Communications Commission, 445 12th contained in the NPRM are adopted. Street, SW., CY–A257, Washington, DC ACTION: Proposed rule. OMB Control Number: 3060–0311. 20554. These documents will also be Title: 47 CFR 76.54, Significantly SUMMARY: In this document, the available via ECFS (http://www.fcc.gov/ Viewed Signals; Method to be Followed Commission proposes rules to cgb/ecfs/). (Documents will be available for Special Showings. implement Section 202 of the Satellite electronically in ASCII, Word 97, and/ Form Number: Not Applicable. Home Viewer Extension and or Adobe Acrobat.) The complete text Type of Review: Revision of a Reauthorization Act of 2004 may be purchased from the currently approved collection. (‘‘SHVERA’’), which creates Section 340 Commission’s copy contractor, 445 12th Respondents: Business or other for- of the Communications Act of 1934, as Street, SW., Room CY–B402, profit entities. amended (‘‘Act’’), and amends the Washington, DC 20554. To request this Number of Respondents: 250. copyright laws in order to provide document in accessible formats Frequency of Response: On occasion satellite carriers with the authority to (computer diskettes, large print, audio reporting requirement; Third party offer Commission-determined recording, and Braille), send an e-mail disclosure requirement. ‘‘significantly-viewed’’ signals of out-of- to [email protected] or call the Estimated Time Per Response: 1–15 market broadcast stations to subscribers. Commission’s Consumer and hours (average). Total Annual Burden: 4,610 hours. This document achieves the SHVERA’s Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 Total Annual Costs: None. statutory objectives to publish and Privacy Impact Assessment: No (TTY). maintain a list of the stations and the impact(s). communities containing such stations Initial Paperwork Reduction Act of Needs and Uses: 47 CFR 76.54(c) is that are eligible for ‘‘significantly 1995 Analysis used to notify interested parties, viewed’’ status; and commence a This NPRM has been analyzed with including licensees or permittees of rulemaking proceeding to implement television broadcast stations, about new Section 340. respect to the Paperwork Reduction Act of 1995 (‘‘PRA’’), Public Law. 104–13, audience surveys that are being DATES: Submit comments on or before 109 Stat 163 (1995), and contains conducted by an organization to April 8, 2005; and reply comments must proposed information collection demonstrate that a particular broadcast be filed on or before April 29, 2005. requirements. It will be submitted to the station is eligible for significantly Written comments on the proposed Office of Management and Budget viewed status under the Commission’s information collection requirements (OMB) for review under section 3507(d) rules. The notifications provide contained in the document must be of the PRA. The Commission, as part of interested parties with an opportunity to submitted by the public, the Office of its continuing effort to reduce review survey methodologies and file Management and Budget (OMB), and paperwork burdens, invites the general objections. The proposed § 76.54(c) other interested parties on or before May public and the OMB to comment on the retains the existing notification 9, 2005. proposed information collection requirement, but, if adopted, would ADDRESSES: All filings must be requirements contained in this NPRM, increase the potential number of parties addressed to the Commission’s as required by the PRA. Written that would file such notifications. 47 Secretary, Office of the Secretary, comments on the PRA proposed CFR 76.54(e) and (f), if adopted, would Federal Communications Commission, information collection requirements be used to notify television broadcast 445 12th Street, SW., Room TW–A325, must be submitted by the public, the stations about the retransmission of Washington, DC 20554. See Office of Management and Budget significantly viewed signals by a SUPPLEMENTARY INFORMATION for filing (OMB), and other interested parties on satellite carrier into these stations’ local instructions. or before May 9, 2005. Comments market. OMB Control Number: 3060–0888. FOR FURTHER INFORMATION CONTACT: For should address: (a) Whether the Title: Part 76, Multichannel Video and additional information on this proposed collection of information is Cable Television Service; Pleading and proceeding, contact Evan Baranoff, necessary for the proper performance of Complaint Rules; 47 CFR 76.7 Petition [email protected], or Eloise Gore, the functions of the Commission, Procedures. [email protected], of the Media including whether the information shall Form Number: Not applicable. Bureau, Policy Division, (202) 418– have practical utility; (b) the accuracy of Type of Review: Revision of a 2120. For additional information the Commission’s burden estimates; (c) currently approved collection. concerning the Paperwork Reduction ways to enhance the quality, utility, and Respondents: Business or other for- Act information collection requirements clarity of the information collected; and profit entities. contained in this document, contact (d) ways to minimize the burden of the Number of Respondents: 500. Cathy Williams, Federal collection of information on the Frequency of Response: On occasion Communications Commission, 445 12th respondents, including the use of reporting requirement; Third party St, SW., Room 1–C823, Washington, DC automated collection techniques or disclosure requirement. VerDate jul<14>2003 18:46 Mar 07, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08MRP2.SGM 08MRP2 Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Proposed Rules 11315 Estimated Time Per Response: 4–40 Summary of the Notice of Proposed SHVERA adopts for satellite carriers and hours (average). Rulemaking subscribers the concept of ‘‘significantly Total Annual Burden: 11,000 hours. I. Introduction viewed,’’ which has applied in the cable Total Annual Costs: $2,000,000. context for more than 30 years. In 1972, Privacy Impact Assessment: No 1. In this Notice of Proposed the Commission adopted the concept of impact(s). Rulemaking (‘‘NPRM’’), the Commission ‘‘significantly viewed’’ signals to Needs and Uses: 47 CFR 76.7 is used proposes rules to implement Section differentiate between out-of-market to make determinations on petitions and 202 of the Satellite Home Viewer television stations ‘‘that have sufficient complaints filed with the Commission. Extension and Reauthorization Act of audience to be considered local and The proposed rule changes, if adopted, 2004 (‘‘SHVERA’’), Pub. L. No. 108–447, those that do not.’’ The Commission would expand the potential number of sec. 202, 118 Stat 2809, 3393 (2004) (to concluded at that time that it would not parties and situations that may require be codified at 47 U.S.C. 340). (The be reasonable if choices on cable were the filing of § 76.7 petitions. Parties SHVERA was enacted on December 8, more limited than choices over the air, (cable operators and broadcast stations) 2004 as title IX of the ‘‘Consolidated and gave cable carriage rights to stations are currently permitted to file § 76.7 Appropriations Act, 2005.’’ This in communities where they had petitions (with audience surveys) to proceeding is one of a number of significant over-the-air non-cable demonstrate significantly viewed status Commission proceedings that will be viewing. (At the time the Commission under rule § 76.54. The proposed rule required to implement the SHVERA. adopted the significantly viewed rules, changes, if adopted, would authorize The other proceedings will follow the cable television carriage rules were additional parties (satellite carriers) to according to the timeframes set forth in generally based on mileage zones from file such § 76.7 petitions to demonstrate the SHVERA, to be undertaken and the relevant stations. A television significantly viewed