60350 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Proposed Rules specified by Executive Order 13175 (65 418–0432. For detailed instructions for Order. First, we seek further comment FR 67249, November 9, 2000). submitting comments and additional on issues related to exceptions to and information on the rulemaking process, waivers of the local simulcasting List of Subjects in 40 CFR Part 52 see the SUPPLEMENTARY INFORMATION requirement. Second, we seek comment Environmental protection, Air section of this document. on whether we should let full power pollution control, Incorporation by FOR FURTHER INFORMATION CONTACT: For broadcasters use channels in the reference, Intergovernmental relations, additional information, contact Evan television broadcast band that are Volatile organic compounds, Particulate Baranoff, [email protected], of the vacant to facilitate the transition to 3.0. matter. Media Bureau, Policy Division, (202) Finally, we tentatively conclude that Dated: December 5, 2017. 418–7142, or Matthew Hussey, local simulcasting should not change Alexis Strauss, [email protected], of the Office the significantly viewed status of a Next Gen TV station. Acting Regional Administrator, Region IX. of Engineering and Technology, (202) [FR Doc. 2017–27432 Filed 12–19–17; 8:45 am] 418–3619. Direct press inquiries to B. Discussion BILLING CODE 6560–50–P Janice Wise at (202) 418–8165. For additional information concerning the 1. Local Simulcasting Waivers and Paperwork Reduction Act information Exceptions FEDERAL COMMUNICATIONS collection requirements contained in 2. Simulcast Waivers. In the Report COMMISSION this document, send an email to PRA@ and Order, we explain that we will fcc.gov or contact Cathy Williams at consider requests for waiver of our local 47 CFR Parts 15, 73, 74 and 76 (202) 418–2918. simulcasting requirement on a case-by- SUPPLEMENTARY INFORMATION: This is a case basis, including (1) requests [GN Docket No. 16–142; FCC 17–158] summary of the Commission’s Further seeking to transition directly from 1.0 to 3.0 service on the station’s existing Authorizing Permissive Use of the Notice of Proposed Rulemaking facility without simulcasting in 1.0 and ‘‘Next Generation’’ Broadcast (FNPRM), FCC 17–158, adopted on (2) requests to air a 1.0 simulcast Television Standard November 16, 2017 and released on November 20, 2017. The full text of this channel from a host location that does AGENCY: Federal Communications document is available electronically via not cover all or a portion of the station’s Commission. the FCC’s Electronic Document community of license or from which the ACTION: Proposed rule. Management System (EDOCS) website station can provide only a lower signal at http://fjallfoss.fcc.gov/edocs_public/ threshold over the community than that SUMMARY: In this document, we seek or via the FCC’s Electronic Comment required by the rules.1 With respect to further comment on issues related to Filing System (ECFS) website at http:// such requests, we state: ‘‘We are exceptions to and waivers of the local fjallfoss.fcc.gov/ecfs2/. (Documents will inclined to consider favorably requests simulcasting requirement, whether we be available electronically in ASCII, for waiver of our local simulcasting should let full power broadcasters use Microsoft Word, and/or Adobe Acrobat.) requirement where the Next Gen TV channels in the television broadcast This document is also available for station can demonstrate that it has no band that are vacant to facilitate the public inspection and copying during viable local simulcasting partner in its transition to 3.0, and finally, we regular business hours in the FCC market and where the station agrees to tentatively conclude that local Reference Information Center, which is make reasonable efforts to preserve 1.0 simulcasting should not change the located in Room CY–A257 at FCC service to existing viewers in its significantly viewed status of a Next Headquarters, 445 12th Street SW, community of license and/or otherwise Gen TV station. Washington, DC 20554. The Reference minimize the impact on such viewers DATES: Comments are due on or before Information Center is open to the public (for example, by providing free or low February 20, 2018; reply comments are Monday through Thursday from 8:00 cost ATSC 3.0 converters to viewers).’’ due on or before March 20, 2018. a.m. to 4:30 p.m. and Friday from 8:00 3. We seek comment on what further ADDRESSES: You may submit comments, a.m. to 11:30 a.m. The complete text guidance we should provide about the identified by GN Docket No. 16–142, by may be purchased from the circumstances in which we will grant a any of the following methods: Commission’s copy contractor, 445 12th waiver of the local simulcasting • Federal Communications Street SW, Room CY–B402, Washington, requirement. How should we determine Commission’s website: http:// DC 20554. Alternative formats are if a station has a ‘‘viable’’ simulcast www.fcc.gov/cgb/ecfs/. Follow the available for people with disabilities partner? Given that we specify in the instructions for submitting comments. (Braille, large print, electronic files, Report and Order that a Next Gen TV • Mail: Filings can be sent by hand or audio format), by sending an email to broadcaster’s 1.0 simulcast channel messenger delivery, by commercial [email protected] or calling the must continue to cover its entire overnight courier, or by first-class or Commission’s Consumer and community of license, should we overnight U.S. Postal Service mail Governmental Affairs Bureau at (202) consider a station to have no viable (although the Commission continues to 418–0530 (voice), (202) 418–0432 partner only if there is no potential experience delays in receiving U.S. (TTY). simulcasting partner in the same DMA Postal Service mail). All filings must be that can cover the station’s entire addressed to the Commission’s Synopsis community of license? Alternatively, Secretary, Office of the Secretary, I. Further Notice of Proposed should we consider adopting a broader Federal Communications Commission. Rulemaking definition of viability? For example, • People With Disabilities: Contact should we specify that waiver the FCC to request reasonable A. Introduction accommodations (accessible format 1. In this Further Notice of Proposed 1 The Commission may waive its rules if good cause is shown. See 47 CFR 1.3. We explain in the documents, sign language interpreters, Rulemaking, we seek further comment Report and Order that we are not inclined to CART, etc.) by email: [email protected] on three topics related to the rules consider favorably requests to change community of or phone: (202) 418–0530 or TTY: (202) adopted in the companion Report and license solely to enable simulcasting. VerDate Sep<11>2014 22:03 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\20DEP1.SGM 20DEP1 ethrower on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Proposed Rules 60351 applicants located in DMAs in which minimize disruption to consumers that channel to which a displaced LPTV or there are fewer than a threshold number we should consider or require? We also translator station could relocate. The of full power and/or Class A or LPTV invite comment on other circumstances LPTV Spectrum Rights Coalition broadcasters will be considered to have in which we should consider granting opposes ONE Media’s proposal on the no viable partner? If so, what threshold waivers of the local simulcasting ground that it would diminish LPTV should we adopt? How should we requirement. licensing rights in the middle of the consider cases in which there are no 5. Simulcast Exceptions. We also seek displacement process. The Wi-Fi stations that can cover a station’s comment on whether to exempt NCE Alliance, Microsoft, the Consumers community of license, and therefore and/or Class A stations as a class from Union et al., and Dynamic Spectrum serve as an ATSC 1.0 simulcast host our local simulcasting requirement or Alliance also oppose any approach that under our rules, but there are stations in adopt a presumptive waiver standard for would expand broadcasters’ spectrum the DMA that are transitioning to ATSC such stations. In the Report and Order, rights in conjunction with ATSC 3.0 3.0 and therefore could potentially serve we exempt LPTV and TV translator deployment, and they express concern as a 3.0 lighthouse? If there is a stations from our local simulcasting about damaging the potential success of potential partner in the same DMA, are requirement and allow these stations to white space use in the television bands. there other circumstances that would transition directly to 3.0 service. Class A 7. Given the diversity of comments on make such potential partner not viable, and NCE stations could also face more this issue, we seek additional comment such as, for example, if the potential difficulty than commercial full power on the extent to which we should allow partner refused to agree to being a stations face when seeking a local full power broadcasters to use vacant simulcasting partner? Should we have simulcasting partner. Could allowing channels in the television broadcast different levels of scrutiny for waiver Class A and NCE stations to transition band to facilitate the transition to 3.0, requests depending on whether the directly to 3.0 make them more and, if so, when they should be able to petition seeks to transition directly as attractive ‘‘lighthouse’’ candidates? We use these channels, and what opposed to simulcast from a facility that seek comment on whether, as a general procedures we should use to authorize will not cover its community of license? matter, allowing NCE and Class A that use.