[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Proposed Rules]
[Pages 31800-31808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11574]
Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed
Rules
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 79
[MB Docket Nos. 12-107, 11-43; FCC 13-45]
Accessible Emergency Information, and Apparatus Requirements for
Emergency Information and Video Description: Implementation of the
Twenty-First Century Communications and Video Accessibility Act of 2010
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks comment on issues
related to rules implementing the requirements of the Twenty-First
Century Communications and Video Accessibility Act of 2010 (``CVAA'').
Specifically, the Commission explores whether a multichannel video
programming distributor (``MVPD'') service is covered by the emergency
information rules and by the video description rules when it permits
its subscribers to access linear video programming on mobile and other
devices. The Commission also explores whether the Commission should
require that secondary audio streams be tagged for the visually
impaired to ensure that consumers can find and locate those streams.
Finally, the Commission asks whether it should require covered entities
to provide customer support services and contact information to assist
consumers who are blind or visually impaired.
DATES: Comments are due on or before July 23, 2013; reply comments are
due on or before August 22, 2013. Written comments on the Paperwork
Reduction Act proposed information collection requirements must be
submitted by the public, Office of Management and Budget (OMB), and
other interested parties on or before July 23, 2013.
ADDRESSES: You may submit comments, identified by MB Docket Nos. 12-
107, 11-43, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
People With Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: (202) 418-
0530 or TTY: (202) 418-0432.
In addition to filing comments with the Secretary, a copy of any
comments on the Paperwork Reduction Act proposed information collection
requirements contained herein should be submitted to the Federal
Communications Commission via email to [email protected] and to Nicholas A.
Fraser, Office of Management and Budget, via email to [email protected] or via fax at (202) 395-5167. For detailed
instructions for submitting comments and additional information on the
rulemaking process, see the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Diana Sokolow, [email protected],
or Maria Mullarkey, [email protected], of the Policy Division,
Media Bureau, (202) 418-2120. For additional information concerning the
Paperwork Reduction Act information collection requirements contained
in this document, contact Cathy Williams at (202) 418-2918 or send an
email to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking, FCC 13-45, adopted on April 8,
2013 and released on April 9, 2013. The full text of this document is
available for public inspection and copying during regular business
hours in the FCC Reference Center, Federal Communications Commission,
445 12th Street SW., Room CY-A257, Washington, DC 20554. This document
will also be available via ECFS at http://fjallfoss.fcc.gov/ecfs/.
Documents will be available electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. The complete text may be purchased from the
Commission's copy contractor, 445 12th Street SW., Room CY-B402,
Washington, DC 20554. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format), by
sending an email to [email protected] or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
This FNPRM seeks comment on a potential new or revised information
collection requirement. If the Commission adopts a new or revised
information collection requirement, the Commission will publish a
separate document in the Federal Register inviting the public to
comment on the requirement, as required by the Paperwork Reduction Act
of 1995, Public Law 104-13 (44 U.S.C. 3501-3520). In addition, pursuant
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how
it might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.''
Summary of the Further Notice of Proposed Rulemaking
I. Introduction
1. We issue a Further Notice of Proposed Rulemaking (``FNPRM'')
that:
Explores whether a multichannel video programming
distributor (``MVPD'') service is covered by the emergency information
rules adopted herein when an MVPD, as defined in the Commission's
rules, permits its subscribers to access linear video programming that
contains emergency information via tablets, laptops, personal
computers, smartphones, or similar devices;
Explores whether an MVPD system must comply with the video
description rules when it permits its subscribers to access linear
video programming via tablets, laptops, personal computers,
smartphones, or similar devices;
Explores whether the Commission should impose a
requirement that broadcast receivers detect and decode audio streams
marked for the visually impaired, to ensure that consumers can find and
locate those streams; and
Explores whether the Commission should require covered
entities to provide customer support services and contact information
to assist consumers who are blind or visually impaired to navigate
between the main and secondary audio streams.
II. Further Notice of Proposed Rulemaking
2. Provision of linear programming to mobile and other devices. We
seek comment on whether, when an MVPD, as defined in the Commission's
rules,\1\ permits its subscribers to access linear video programming
that contains emergency information via tablets, laptops, personal
computers,
[[Page 31801]]
smartphones, or similar devices, it is acting as a ``video programming
distributor'' \2\ that is providing ``video programming'' \3\ and is
covered by the emergency information rules adopted herein.\4\ We also
seek comment on whether, under this approach, an MVPD should be
required to ensure that any application or plug-in \5\ that it provides
to the consumer to access this programming is capable of making the
emergency information audible on a secondary audio stream. For example,
Cablevision currently permits consumers to access its entire package of
video programming, including broadcast channels that contain emergency
information, via tablets, laptops, smartphones, and similar devices.\6\
Should Cablevision be required to ensure that any emergency information
contained in the programming it makes available on tablets and other
devices is audible by means of a secondary stream? We recognize that
some MVPDs currently enable subscribers to access linear video
programming inside the home as well as outside the home (e.g., TV
Everywhere offerings). Should our rules apply to both situations--
irrespective of where the subscriber may physically be when accessing
the programming? Does it matter whether the emergency content is being
delivered over the MVPD's IP network or over the Internet?
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\1\ The Commission's rules define an MVPD as ``an entity engaged
in the business of making available for purchase, by subscribers or
customers, multiple channels of video programming.'' See 47 CFR
76.1000(e).
\2\ See id. 79.1(a)(2) (defining ``video programming
distributor'' to include any television broadcast station, MVPD, and
``any other distributor of video programming for residential
reception that delivers such programming directly to the home and is
subject to the jurisdiction of the Commission'').
\3\ See id. 79.1(a)(1) (defining ``video programming'' to mean
``[p]rogramming provided by, or generally considered comparable to
programming provided by, a television broadcast station that is
distributed and exhibited for residential use'').
\4\ We do not believe it is necessary to reach the question of
whether this service is provided by an MVPD or an ``other
distributor of video programming for residential reception that
delivers such programming directly to the home and is subject to the
jurisdiction of the Commission,'' as both are covered entities. We
note that our inquiry is based on the specific definitions contained
in Sec. 79.1 of the Commission's rules and thus is limited to
application of the emergency information requirements in the CVAA,
47 U.S.C. 613(g), and should not be read to imply a classification
of these services for any other purpose. We seek comment on this
issue.
\5\ A ``plug-in'' is defined as ``[a] program of data that
enhances, or adds to, the operation of a (usually larger) parent
program.'' See H. Newton, Newton's Telecom Dictionary 642 (20th ed.
2004).
\6\ Cablevision delivers programming both to traditional set-top
boxes and to IP devices using ``its secure and proprietary Advanced
Digital Cable television network to deliver cable programming to
customers for viewing on the Optimum App for iPad [and other
devices] and content is not delivered over the Internet. . . .
Customers do not need to have Internet access to use the Optimum App
for iPad.'' See Cablevision's New Optimum App Delivers the Full
Cable Television Experience to an iPad in the Home, Apr. 2, 2011,
available at http://www.prnewswire.com/news-releases/cablevisions-new-optimum-app-delivers-the-full-cable-television-experience-to-an-ipad-in-the-home-119117379.html.
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3. At the same time, we seek comment on whether instead of placing
obligations on MVPDs to make the emergency information accessible on
the types of devices described above, it should be the obligation of
the apparatus manufacturer, under section 203, to ensure that the
devices are capable of receiving the secondary audio stream. Or, do
both the MVPD and the manufacturer have a role in facilitating the
provision of the secondary audio stream on these types of devices?
4. What technological hurdles, if any, prevent or impede the
delivery of the secondary audio service on mobile devices and personal
computers? How much time is necessary for MVPDs and/or manufacturers to
come into compliance and ensure that consumers can access the secondary
audio stream on a mobile device or personal computer?
5. Provision of video description services on mobile or other
devices. We note that the Commission's existing video description rules
currently apply to ``MVPD systems.'' Specifically, MVPD systems that
serve 50,000 or more subscribers must provide 50 hours of video
description per calendar quarter during prime time or children's
programming on each of the top five national nonbroadcast networks that
they carry on those systems.\7\ Further, MVPD systems of any size must
pass through video description provided by a broadcast station or
nonbroadcast network, if the channel on which the MVPD distributes the
programming has the technical capability necessary to pass through the
video description and if that technology is not being used for another
purpose related to the programming. In discussions with industry in the
context of the current proceeding, it has come to our attention that
the pass-through obligations of an MVPD system may not be clear to the
extent that the MVPD allows subscribers to access ``video programming''
\8\ via tablets, laptops, personal computers, smartphones, or similar
devices. To provide additional clarity on this issue, we seek comment
on whether an MVPD system must comply with the video description rules
when it permits its subscribers to access linear video programming via
tablets, laptops, personal computers, smartphones, or similar devices.
Because video description is provided using secondary audio streams, we
seek comment on whether an MVPD must ensure that any application or
plug-in that it provides to the consumer to access linear video
programming is capable of providing or passing through video
description on a secondary audio stream, regardless of the type of
device (e.g., tablets, laptops, personal computers, smartphones) the
consumer uses to access such programming. How, if at all, should we
apply in this context the technical capability exception to the video
description requirements, pursuant to which the pass-through
requirement does not apply when an MVPD lacks the technical capability
necessary to pass through video description? What obligations, if any,
fall on the manufacturers to ensure that these devices are capable of
receiving the secondary audio stream, pursuant to section 203 of the
CVAA?
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\7\ The top five national nonbroadcast networks must reach 50
percent or more of MVPD households and have at least 50 hours per
quarter of prime time programming that is not live or near-live or
otherwise exempt under the video description rules. 47 CFR
79.3(b)(4). See also Video Description: Implementation of the
Twenty-First Century Communications and Video Accessibility Act of
2010, Report and Order, 76 FR 55585 (2011) (``2011 Video Description
Order''). For purposes of the rule, the top five nonbroadcast
networks are USA, the Disney Channel, TNT, Nickelodeon, and TBS.
\8\ See 47 CFR 79.3(a)(4) (defining ``video programming'' as
``[p]rogramming provided by, or generally considered comparable to
programming provided by, a television broadcast station, but not
including consumer-generated media'').
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6. We also seek comment on whether additional time is needed for
MVPDs and/or manufacturers to comply with the video description rules
for linear video programming services provided via tablets, laptops,
personal computers, smartphones, or similar devices. We note, for
example, that the Commission in the 2011 Video Description Order gave
mobile DTV additional time for compliance. Should the same timeframe
apply for both emergency information and video description purposes? We
note that, as a technical matter, once the secondary audio stream is
received by a device, that stream can be made available regardless of
whether it is used for emergency information or video description.
7. Tagging of the secondary audio stream. As explained in the
Report and Order, we are concerned that some consumers may be unable to
find and activate an audio stream tagged as ``visually impaired''
(``VI''), which is the label dictated by the digital television
standard, and that the audio stream used for video description must be
labeled as ``complete main'' (``CM'')
[[Page 31802]]
instead.\9\ Further, it has been reported that some television
receivers do not properly handle two audio tracks identified as
English, and thus to ensure compatibility, broadcasters often tag the
video description stream as a foreign language, even though the content
of the stream is video description. Although the NPRM, 77 FR 70970,
sought comment on this issue, the record is not yet sufficiently
detailed for us to address these very technical matters. We recognize
that broadcasters and MVPDs have not yet developed a solution pursuant
to which tagging the video description stream as VI, to help consumers
locate the stream, would be compatible with accessing the secondary
audio stream on all equipment, including older equipment. In the
absence of an industry solution to this problem, should the Commission
mandate that the video description stream include a particular tag, and
that all apparatus subject to the rules adopted herein enable consumers
to access a video description stream with that tag? If so, is the
``visually impaired'' (``VI'') tag the one that the Commission should
mandate? What would broadcasters and manufacturers need to do to comply
with such a requirement? What deadline should the Commission impose by
which broadcasters and manufacturers must comply with any such
requirement? How can the Commission ensure that such a requirement does
not affect consumers who have not upgraded their equipment? How can we
minimize any confusion or cost to such consumers, and specifically, how
can we mitigate the need for consumers to purchase new equipment to
take advantage of the tagging requirements discussed herein? What other
steps should the Commission take to ensure that the content of the
secondary audio stream is properly tagged, for example so that a video
description stream is tagged as video description and not as foreign
language audio? We also invite comment on any other issues relevant to
this portion of the FNPRM.
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\9\ In this context, a ``tag'' refers to the metadata
accompanying an audio stream that signals to the receiving device
what type of audio stream it is.
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8. Customer support services. As explained in the Report and Order
published elsewhere in this publication, although we request, but do
not at this time require, that entities subject to the requirements
adopted herein pursuant to sections 202 and 203 of the CVAA provide
dedicated customer support services to assist consumers who are blind
or visually impaired with accessing the secondary audio stream, we seek
further comment on this issue. Should the Commission require covered
entities to provide customer support services that are specifically
designed to assist consumers who are blind or visually impaired to
navigate between the main and secondary audio streams? Should customer
support services consist of a dedicated telephone number, an accessible
chat feature on the covered entity's Web site, or a different means by
which regulated entities should provide customer support? How should
such a requirement apply to manufacturers, which may not maintain an
ongoing direct-to-consumer relationship? Should the Commission adopt
contact information requirements comparable to those applicable to the
television closed captioning rules, to require covered entities to make
available contact information for the receipt and handling of immediate
emergency information or video description complaints or concerns
during a program's progress, and for the receipt and handling of
written emergency information or video description complaints that do
not raise immediate issues? What contact information should the
Commission require of entities subject to the requirements adopted
herein, and how should that information be made available to consumers?
Instead of following the model of the television closed captioning
rules, should we adopt contact information requirements comparable to
those applicable to the IP closed captioning rules? Are there other
ways by which entities subject to the requirements adopted herein can
best provide assistance to consumers who are blind or visually impaired
with accessing the secondary audio stream? Finally, we invite comment
on any additional issues relevant to this portion of the FNPRM.
III. Procedural Matters
A. Initial Regulatory Flexibility Analysis
9. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA''),\10\ the Commission has prepared this present Initial
Regulatory Flexibility Analysis (``IRFA'') concerning the possible
significant economic impact on small entities by the policies and rules
proposed in the Further Notice of Proposed Rulemaking (``FNPRM'').
Written public comments are requested on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the deadlines
for comments provided on the first page of the item. The Commission
will send a copy of the FNPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration
(``SBA'').\11\ In addition, the FNPRM and IRFA (or summaries thereof)
will be published in the Federal Register.\12\
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\10\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 through 612,
has been amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (``SBREFA''), Pub. L. No. 104-121, Title II,
110 Stat. 857 (1996). The SBREFA was enacted as Title II of the
Contract With America Advancement Act of 1996 (``CWAAA'').
\11\ See 5 U.S.C. 603(a).
\12\ See id.
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1. Need for, and Objectives of, the Proposed Rule Changes
10. The FNPRM:
Explores whether a multichannel video programming
distributor (``MVPD'') service is covered by the emergency information
rules adopted herein when an MVPD, as defined in the Commission's
rules, permits its subscribers to access linear video programming that
contains emergency information via tablets, laptops, personal
computers, smartphones, or similar devices;
Explores whether an MVPD system must comply with the video
description rules when it permits its subscribers to access linear
video programming via tablets, laptops, personal computers,
smartphones, or similar devices;
Explores whether the Commission should impose a
requirement that broadcast receivers detect and decode audio streams
marked for the visually impaired, to ensure that consumers can find and
locate those streams; and
Explores whether the Commission should require covered
entities to provide customer support services and contact information
to assist consumers who are blind or visually impaired to navigate
between the main and secondary audio streams.
2. Legal Basis
11. The proposed action is authorized pursuant to the Twenty-First
Century Communications and Video Accessibility Act of 2010, Public Law
111-260, 124 Stat. 2751, and sections 4(i), 4(j), 303, 330(b), 713, and
716 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
154(j), 303, 330(b), 613, and 617.
3. Description and Estimate of the Number of Small Entities to Which
the Proposals Will Apply
12. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the proposed rules if adopted.\13\ The RFA
[[Page 31803]]
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' \14\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\15\ A ``small business concern'' is one
which: (1) Is independently owned and operated; (2) is not dominant in
its field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration (``SBA'').\16\
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\13\ 5 U.S.C. 603(b)(3).
\14\ Id. 601(6).
\15\ Id. 601(3) (incorporating by reference the definition of
``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\16\ 15 U.S.C. 632.
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13. Cable Television Distribution Services. Since 2007, these
services have been defined within the broad economic census category of
``Wired Telecommunications Carriers,'' which is defined as follows:
``This industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and infrastructure
that they own and/or lease for the transmission of voice, data, text,
sound, and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies.'' The SBA has developed a small business size standard
for this category, which is: All such firms having 1,500 or fewer
employees. Census data for 2007 shows that there were 31,996
establishments that operated that year. Of those 31,996, 1,818 operated
with more than 100 employees, and 30,178 operated with fewer than 100
employees. Thus, under this category and the associated small business
size standard, the majority of such firms can be considered small.
14. Cable Companies and Systems. The Commission has also developed
its own small business size standards, for the purpose of cable rate
regulation. Under the Commission's rules, a ``small cable company'' is
one serving 400,000 or fewer subscribers nationwide. Industry data
indicate that all but ten cable operators nationwide are small under
this size standard. In addition, under the Commission's rules, a
``small system'' is a cable system serving 15,000 or fewer subscribers.
Industry data indicate that, of 6,101 systems nationwide, 4,410 systems
have under 10,000 subscribers, and an additional 258 systems have
10,000-19,999 subscribers. Thus, under this standard, most cable
systems are small.
15. Cable System Operators. The Communications Act of 1934, as
amended, also contains a size standard for small cable system
operators, which is ``a cable operator that, directly or through an
affiliate, serves in the aggregate fewer than 1 percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
$250,000,000.'' The Commission has determined that an operator serving
fewer than 677,000 subscribers shall be deemed a small operator if its
annual revenues, when combined with the total annual revenues of all
its affiliates, do not exceed $250 million in the aggregate. Industry
data indicate that all but nine cable operators nationwide are small
under this subscriber size standard. We note that the Commission
neither requests nor collects information on whether cable system
operators are affiliated with entities whose gross annual revenues
exceed $250 million, and therefore we are unable to estimate more
accurately the number of cable system operators that would qualify as
small under this size standard.
16. Television Broadcasting. This Economic Census category
``comprises establishments primarily engaged in broadcasting images
together with sound. These establishments operate television
broadcasting studios and facilities for the programming and
transmission of programs to the public.'' The SBA has created the
following small business size standard for Television Broadcasting
firms: Those having $14 million or less in annual receipts. The
Commission has estimated the number of licensed commercial television
stations to be 1,387. In addition, according to Commission staff review
of the BIA Advisory Services, LLC's Media Access Pro Television
Database on March 28, 2012, about 950 of an estimated 1,300 commercial
television stations (or approximately 73 percent) had revenues of $14
million or less. We therefore estimate that the majority of commercial
television broadcasters are small entities.
17. We note, however, that in assessing whether a business concern
qualifies as small under the above definition, business (control)
affiliations must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our
action because the revenue figure on which it is based does not include
or aggregate revenues from affiliated companies. In addition, an
element of the definition of ``small business'' is that the entity not
be dominant in its field of operation. We are unable at this time to
define or quantify the criteria that would establish whether a specific
television station is dominant in its field of operation. Accordingly,
the estimate of small businesses to which rules may apply does not
exclude any television station from the definition of a small business
on this basis and is therefore possibly over-inclusive to that extent.
18. In addition, the Commission has estimated the number of
licensed noncommercial educational (NCE) television stations to be 396.
These stations are non-profit, and therefore considered to be small
entities.
19. Direct Broadcast Satellite (``DBS'') Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. DBS, by exception, is now included in the
SBA's broad economic census category, ``Wired Telecommunications
Carriers,'' which was developed for small wireline firms. Under this
category, the SBA deems a wireline business to be small if it has 1,500
or fewer employees. Census data for 2007 shows that there were 31,996
establishments that operated that year. Of those 31,996, 1,818 operated
with more than 100 employees, and 30,178 operated with fewer than 100
employees. Thus, under this category and the associated small business
size standard, the majority of such firms can be considered small.
Currently, only two entities provide DBS service, which requires a
great investment of capital for operation: DIRECTV and EchoStar
Communications Corporation (``EchoStar'') (marketed as the DISH
Network). Each currently offers subscription services. DIRECTV and
EchoStar each report annual revenues that are in excess of the
threshold for a small business. Because DBS service requires
significant capital, we believe it is unlikely that a small entity as
defined by the SBA would have the financial wherewithal to become a DBS
service provider.
20. Satellite Telecommunications Providers. Two economic census
categories address the satellite industry. The first category has a
small business size standard of $15 million or less in average annual
receipts, under SBA rules. The second has a size standard of $25
million or less in annual receipts.
21. The category of ``Satellite Telecommunications'' ``comprises
establishments primarily engaged in
[[Page 31804]]
providing telecommunications services to other establishments in the
telecommunications and broadcasting industries by forwarding and
receiving communications signals via a system of satellites or
reselling satellite telecommunications.'' Census Bureau data for 2007
show that 607 Satellite Telecommunications establishments operated for
that entire year. Of this total, 533 establishments had annual receipts
of under $10 million or less, and 74 establishments had receipts of $10
million or more. Consequently, the Commission estimates that the
majority of Satellite Telecommunications firms are small entities that
might be affected by our action.
22. The second category, i.e., ``All Other Telecommunications,''
comprises ``establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems.
Establishments providing Internet services or voice over Internet
protocol (VoIP) services via client-supplied telecommunications
connections are also included in this industry.'' For this category,
Census Bureau data for 2007 shows that there were a total of 2,639
establishments that operated for the entire year. Of those 2,639
establishments, 2,333 operated with annual receipts of less than $10
million and 306 with annual receipts of $10 million or more.
Consequently, the Commission estimates that a majority of All Other
Telecommunications establishments are small entities that might be
affected by our action.
23. Satellite Master Antenna Television (SMATV) Systems, also known
as Private Cable Operators (PCOs). SMATV systems or PCOs are video
distribution facilities that use closed transmission paths without
using any public right-of-way. They acquire video programming and
distribute it via terrestrial wiring in urban and suburban multiple
dwelling units such as apartments and condominiums, and commercial
multiple tenant units such as hotels and office buildings. SMATV
systems or PCOs are now included in the SBA's broad economic census
category, ``Wired Telecommunications Carriers,'' which was developed
for small wireline firms. Under this category, the SBA deems a wireline
business to be small if it has 1,500 or fewer employees. Census data
for 2007 shows that there were 31,996 establishments that operated that
year. Of those 31,996, 1,818 operated with more than 100 employees, and
30,178 operated with fewer than 100 employees. Thus, under this
category and the associated small business size standard, the majority
of such firms can be considered small.
24. Home Satellite Dish (``HSD'') Service. HSD or the large dish
segment of the satellite industry is the original satellite-to-home
service offered to consumers, and involves the home reception of
signals transmitted by satellites operating generally in the C-band
frequency. Unlike DBS, which uses small dishes, HSD antennas are
between four and eight feet in diameter and can receive a wide range of
unscrambled (free) programming and scrambled programming purchased from
program packagers that are licensed to facilitate subscribers' receipt
of video programming. Because HSD provides subscription services, HSD
falls within the SBA-recognized definition of ``Wired
Telecommunications Carriers.'' The SBA has developed a small business
size standard for this category, which is: All such firms having 1,500
or fewer employees. Census data for 2007 shows that there were 31,996
establishments that operated that year. Of those 31,996, 1,818 operated
with more than 100 employees, and 30,178 operated with fewer than 100
employees. Thus, under this category and the associated small business
size standard, the majority of such firms can be considered small.
25. Broadband Radio Service and Educational Broadband Service.
Broadband Radio Service systems, previously referred to as Multipoint
Distribution Service (MDS) and Multichannel Multipoint Distribution
Service (MMDS) systems, and ``wireless cable,'' transmit video
programming to subscribers and provide two-way high speed data
operations using the microwave frequencies of the Broadband Radio
Service (BRS) and Educational Broadband Service (EBS) (previously
referred to as the Instructional Television Fixed Service (ITFS)). In
connection with the 1996 BRS auction, the Commission established a
small business size standard as an entity that had annual average gross
revenues of no more than $40 million in the previous three calendar
years. The BRS auctions resulted in 67 successful bidders obtaining
licensing opportunities for 493 Basic Trading Areas (BTAs). Of the 67
auction winners, 61 met the definition of a small business. BRS also
includes licensees of stations authorized prior to the auction. At this
time, we estimate that of the 61 small business BRS auction winners, 48
remain small business licensees. In addition to the 48 small businesses
that hold BTA authorizations, there are approximately 392 incumbent BRS
licensees that are considered small entities. After adding the number
of small business auction licensees to the number of incumbent
licensees not already counted, we find that there are currently
approximately 440 BRS licensees that are defined as small businesses
under either the SBA or the Commission's rules. In 2009, the Commission
conducted Auction 86, the sale of 78 licenses in the BRS areas. The
Commission offered three levels of bidding credits: (i) A bidder with
attributed average annual gross revenues that exceed $15 million and do
not exceed $40 million for the preceding three years (small business)
received a 15 percent discount on its winning bid; (ii) a bidder with
attributed average annual gross revenues that exceed $3 million and do
not exceed $15 million for the preceding three years (very small
business) received a 25 percent discount on its winning bid; and (iii)
a bidder with attributed average annual gross revenues that do not
exceed $3 million for the preceding three years (entrepreneur) received
a 35 percent discount on its winning bid. Auction 86 concluded in 2009
with the sale of 61 licenses. Of the ten winning bidders, two bidders
that claimed small business status won four licenses; one bidder that
claimed very small business status won three licenses; and two bidders
that claimed entrepreneur status won six licenses.
26. In addition, the SBA's placement of Cable Television
Distribution Services in the category of Wired Telecommunications
Carriers is applicable to cable-based Educational Broadcasting
Services. Since 2007, ``Wired Telecommunications Carriers'' have been
defined as follows: ``This industry comprises establishments primarily
engaged in operating and/or providing access to transmission facilities
and infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single technology
or a combination of technologies.'' Establishments in this industry use
the wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including VoIP services; wired (cable) audio and video programming
[[Page 31805]]
distribution; and wired broadband Internet services. By exception,
establishments providing satellite television distribution services
using facilities and infrastructure that they operate are included in
this industry. For these services, the Commission uses the SBA small
business size standard for Wired Telecommunications Carriers, which is
1,500 or fewer employees. Census data for 2007 shows that there were
31,996 establishments that operated that year. Of those 31,996, 1,818
operated with more than 100 employees, and 30,178 operated with fewer
than 100 employees. Thus, under this category and the associated small
business size standard, the majority of such firms can be considered
small. In addition to Census data, the Commission's internal records
indicate that as of September 2012, there are 2,241 active EBS
licenses. The Commission estimates that of these 2,241 licenses, the
majority are held by non-profit educational institutions and school
districts, which are by statute defined as small businesses.
27. Fixed Microwave Services. Microwave services include common
carrier, private-operational fixed, and broadcast auxiliary radio
services. They also include the Local Multipoint Distribution Service
(LMDS), the Digital Electronic Message Service (DEMS), and the 24 GHz
Service, where licensees can choose between common carrier and non-
common carrier status. At present, there are approximately 31,428
common carrier fixed licensees and 79,732 private operational-fixed
licensees and broadcast auxiliary radio licensees in the microwave
services. There are approximately 120 LMDS licensees, three DEMS
licensees, and three 24 GHz licensees. The Commission has not yet
defined a small business with respect to microwave services. For
purposes of the IRFA, we will use the SBA's definition applicable to
Wireless Telecommunications Carriers (except satellite)--i.e., an
entity with no more than 1,500 persons. Under the present and prior
categories, the SBA has deemed a wireless business to be small if it
has 1,500 or fewer employees. For the category of ``Wireless
Telecommunications Carriers (except Satellite),'' Census data for 2007
show that there were 11,163 firms that operated for the entire year. Of
this total, 10,791 firms had employment of 999 or fewer employees and
372 had employment of 1,000 employees or more. Thus, under this
category and the associated small business size standard, the majority
of firms can be considered small. We note that the number of firms does
not necessarily track the number of licensees. We estimate that
virtually all of the Fixed Microwave licensees (excluding broadcast
auxiliary licensees) would qualify as small entities under the SBA
definition.
28. Open Video Systems. The open video system (``OVS'') framework
was established in 1996, and is one of four statutorily recognized
options for the provision of video programming services by local
exchange carriers. The OVS framework provides opportunities for the
distribution of video programming other than through cable systems.
Because OVS operators provide subscription services, OVS falls within
the SBA small business size standard covering cable services, which is
``Wired Telecommunications Carriers.'' The SBA has developed a small
business size standard for this category, which is: All such firms
having 1,500 or fewer employees. Census data for 2007 shows that there
were 31,996 establishments that operated that year. Of those 31,996,
1,818 operated with more than 100 employees, and 30,178 operated with
fewer than 100 employees. Thus, under this category and the associated
small business size standard, the majority of such firms can be
considered small. In addition, we note that the Commission has
certified some OVS operators, with some now providing service.
Broadband service providers (``BSPs'') are currently the only
significant holders of OVS certifications or local OVS franchises. The
Commission does not have financial or employment information regarding
the entities authorized to provide OVS, some of which may not yet be
operational. Thus, at least some of the OVS operators may qualify as
small entities.
29. Cable and Other Subscription Programming. The Census Bureau
defines this category as follows: ``This industry comprises
establishments primarily engaged in operating studios and facilities
for the broadcasting of programs on a subscription or fee basis. These
establishments produce programming in their own facilities or acquire
programming from external sources. The programming material is usually
delivered to a third party, such as cable systems or direct-to-home
satellite systems, for transmission to viewers.'' The SBA has developed
a small business size standard for this category, which is: All such
firms having $15 million dollars or less in annual revenues. To gauge
small business prevalence in the Cable and Other Subscription
Programming industries, the Commission relies on data currently
available from the U.S. Census for the year 2007. Census Bureau data
for 2007 show that there were 659 establishments in this category that
operated for the entire year. Of that number, 462 operated with annual
revenues of $9,999,999 million dollars or less, and 197 operated with
annual revenues of 10 million or more. Thus, under this category and
associated small business size standard, the majority of firms can be
considered small.
30. Small Incumbent Local Exchange Carriers. We have included small
incumbent local exchange carriers in this present RFA analysis. A
``small business'' under the RFA is one that, inter alia, meets the
pertinent small business size standard (e.g., a telephone
communications business having 1,500 or fewer employees), and ``is not
dominant in its field of operation.'' The SBA's Office of Advocacy
contends that, for RFA purposes, small incumbent local exchange
carriers are not dominant in their field of operation because any such
dominance is not ``national'' in scope. We have therefore included
small incumbent local exchange carriers in this RFA analysis, although
we emphasize that this RFA action has no effect on Commission analyses
and determinations in other, non-RFA contexts.
31. Incumbent Local Exchange Carriers (``LECs''). Neither the
Commission nor the SBA has developed a small business size standard
specifically for incumbent local exchange services. The appropriate
size standard under SBA rules is for the category ``Wired
Telecommunications Carriers.'' Under that size standard, such a
business is small if it has 1,500 or fewer employees. Census data for
2007 shows that there were 31,996 establishments that operated that
year. Of those 31,996, 1,818 operated with more than 100 employees, and
30,178 operated with fewer than 100 employees. Thus, under this
category and the associated small business size standard, the majority
of such firms can be considered small.
32. Competitive Local Exchange Carriers, Competitive Access
Providers (CAPs), ``Shared-Tenant Service Providers,'' and ``Other
Local Service Providers.'' Neither the Commission nor the SBA has
developed a small business size standard specifically for these service
providers. The appropriate size standard under SBA rules is for the
category ``Wired Telecommunications Carriers.'' Under that size
standard, such a business is small if it has 1,500 or fewer employees.
Census data for 2007 shows that there were 31,996 establishments that
operated that year. Of those 31,996, 1,818 operated with
[[Page 31806]]
more than 100 employees, and 30,178 operated with fewer than 100
employees. Thus, under this category and the associated small business
size standard, the majority of such firms can be considered small.
Consequently, the Commission estimates that most providers of
competitive local exchange service, competitive access providers,
``Shared-Tenant Service Providers,'' and ``Other Local Service
Providers'' are small entities.
33. Motion Picture and Video Production. The Census Bureau defines
this category as follows: ``This industry comprises establishments
primarily engaged in producing, or producing and distributing motion
pictures, videos, television programs, or television commercials.'' We
note that firms in this category may be engaged in various industries,
including cable programming. Specific figures are not available
regarding how many of these firms produce and/or distribute programming
for cable television. The SBA has developed a small business size
standard for this category, which is: All such firms having $29.5
million dollars or less in annual revenues. To gauge small business
prevalence in the Motion Picture and Video Production industries, the
Commission relies on data currently available from the U.S. Census for
the year 2007. Census Bureau data for 2007, which now supersede data
from the 2002 Census, show that there were 9,095 firms in this category
that operated for the entire year. Of these, 8,995 had annual receipts
of $24,999,999 or less, and 100 had annual receipts ranging from not
less than $25,000,000 to $100,000,000 or more. Thus, under this
category and associated small business size standard, the majority of
firms can be considered small.
34. Motion Picture and Video Distribution. The Census Bureau
defines this category as follows: ``This industry comprises
establishments primarily engaged in acquiring distribution rights and
distributing film and video productions to motion picture theaters,
television networks and stations, and exhibitors.'' We note that firms
in this category may be engaged in various industries, including cable
programming. Specific figures are not available regarding how many of
these firms produce and/or distribute programming for cable television.
The SBA has developed a small business size standard for this category,
which is: All such firms having $29.5 million dollars or less in annual
revenues. To gauge small business prevalence in the Motion Picture and
Video Distribution industries, the Commission relies on data currently
available from the U.S. Census for the year 2007. Census Bureau data
for 2007, which now supersede data from the 2002 Census, show that
there were 450 firms in this category that operated for the entire
year. Of these, 434 had annual receipts of $24,999,999 or less, and 16
had annual receipts ranging from not less than $25,000,000 to
$100,000,000 or more. Thus, under this category and associated small
business size standard, the majority of firms can be considered small.
35. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. The Census Bureau defines this category as
follows: ``This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: Transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has developed a small business size
standard for ``Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing,'' which is: All such firms
having 750 or fewer employees. According to Census Bureau data for
2007, there were 919 establishments that operated for part or all of
the entire year. Of those 919 establishments, 771 operated with 99 or
fewer employees, and 148 operated with 100 or more employees. Thus,
under that size standard, the majority of establishments can be
considered small.
36. Audio and Video Equipment Manufacturing. The SBA has classified
the manufacturing of audio and video equipment under in NAICS Codes
classification scheme as an industry in which a manufacturer is small
if it has less than 750 employees. Data contained in the 2007 Economic
Census indicate that 491 establishments in this category operated for
part or all of the entire year. Of those 491 establishments, 456
operated with 99 or fewer employees, and 35 operated with 100 or more
employees. Thus, under the applicable size standard, a majority of
manufacturers of audio and video equipment may be considered small.
4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
37. Certain proposals discussed in the FNPRM would affect
reporting, recordkeeping, or other compliance requirements.
38. The FNPRM inquires whether, when an MVPD, as defined in the
Commission's rules, permits its subscribers to access linear video
programming that contains emergency information via tablets, laptops,
personal computers, smartphones, or similar devices, this service is
covered by the emergency information rules adopted in the Report and
Order. An MVPD may seek a waiver of the emergency information
requirements for good cause pursuant to Sec. 1.3 of the Commission's
rules. An MVPD may also be required to respond to complaints alleging a
violation of the emergency information rules and the emergency
information and video description apparatus rules.
39. The FNPRM also considers whether covered entities should
provide customer support services that are specifically designed to
assist consumers who are blind or visually impaired to navigate between
the main and secondary audio streams. If the Commission adopts rules
requiring the provision of such customer support services, covered
entities may be required to keep records. For example, covered entities
may be required to make available contact information for the receipt
and handling of immediate emergency information or video description
complaints or concerns during a program's progress, and for the receipt
and handling of written emergency information or video description
complaints that do not raise immediate issues.
5. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
40. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.\17\
---------------------------------------------------------------------------
\17\ 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------
41. First, the FNPRM seeks comment on whether an MVPD service is
covered by the emergency information rules adopted in the Report and
Order when
[[Page 31807]]
an MVPD, as defined in the Commission's rules, permits its subscribers
to access linear video programming that contains emergency information
via tablets, laptops, personal computers, smartphones, or similar
devices. The FNPRM considers whether there are technological hurdles,
if any, that will prevent or impede the delivery of the secondary audio
service on mobile devices and personal computers, and whether
obligations should be shared between MVPDs and apparatus manufacturers.
These considerations will allow the Commission to consider the impact
of the requirements on covered entities, including smaller entities.
42. Second, the FNPRM seeks comment on whether an MVPD system must
comply with the video description rules when it permits its subscribers
to access linear video programming via tablets, laptops, personal
computers, smartphones, or similar devices. We note that an MVPD is
exempt from the pass-through requirement under the video description
rules if it does not have the technical capability necessary to pass
through the video description. Thus, this exemption is available to
small entities that will face more than minimal costs to comply with
the pass-through requirement.
43. Third, the FNPRM considers whether the Commission should impose
a requirement that broadcast receivers detect and decode audio streams
marked for the visually impaired, to ensure that consumers can find and
locate those streams. The FNPRM considers the steps broadcasters and
manufacturers would need to take to comply with such a requirement, and
whether there are any other steps the Commission should take to ensure
that the content of the secondary audio stream is properly tagged.
These considerations will allow the Commission to address alternatives
that can potentially minimize the burden and costs of compliance for
covered entities, including smaller entities.
44. Fourth, the FNPRM considers whether the Commission should
require covered entities to provide customer support services and
contact information to assist consumers who are blind or visually
impaired to navigate between the main and secondary audio streams. The
FNPRM considers alternatives for the provision of customer support
services, including whether such services should consist of a dedicated
telephone number, an accessible chat feature on the covered entity's
Web site, or a different means by which regulated entities should
provide customer support. The FNPRM also considers whether the
Commission should require covered entities to make available contact
information for the receipt and handling of immediate emergency
information or video description complaints or concerns during a
program's progress, and for the receipt and handling of written
emergency information or video description complaints that do not raise
immediate issues, as in the television closed captioning context, or
whether it should instead adopt contact information requirements
comparable to those applicable to the IP closed captioning rules.
Further, the FNPRM considers whether there other ways by which entities
subject to the emergency information and apparatus requirements can
best provide assistance to consumers who are blind or visually impaired
with accessing the secondary audio stream. These considerations will
allow the Commission to address alternatives that can potentially
minimize the burden and costs of compliance for covered entities,
including smaller entities.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
45. None.
B. Paperwork Reduction Act
46. The FNPRM may result in new or revised information collection
requirements. If the Commission adopts any new or revised information
collection requirement, the Commission will publish a notice in the
Federal Register inviting the public to comment on the requirement, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44
U.S.C. 3501-3520). In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the Commission seeks specific comment on how it might
``further reduce the information collection burden for small business
concerns with fewer than 25 employees.''
C. Ex Parte Rules
47. Permit-But-Disclose. This proceeding shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b). In proceedings governed by
Sec. 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
D. Filing Requirements
48. Comments and Replies. Pursuant to Sec. Sec. 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All
[[Page 31808]]
filings must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
49. Availability of Documents. Comments, reply comments, and ex
parte submissions will be available for public inspection during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW., CY-A257, Washington, DC
20554. These documents will also be available via ECFS. Documents will
be available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.
50. People With Disabilities. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY).
E. Additional Information
51. For additional information on this proceeding, contact Diana
Sokolow, [email protected], or Maria Mullarkey,
[email protected], of the Media Bureau, Policy Division, (202)
418-2120.
IV. Ordering Clauses
52. Accordingly, it is ordered that, pursuant to the Twenty-First
Century Communications and Video Accessibility Act of 2010, Public Law
111-260, 124 Stat. 2751, and the authority found in sections 4(i),
4(j), 303, 330(b), 713, and 716 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 303, 330(b), 613, and 617, this
Report and Order and Further Notice of Proposed Rulemaking is adopted,
effective thirty (30) days after the date of publication in the Federal
Register, except for Sec. Sec. 79.105(a), 79.105(b)(3), and
79.105(b)(4), and revised Sec. 79.2(c), which shall become effective
upon announcement in the Federal Register of OMB approval and an
effective date of the rules.
53. It is ordered that, pursuant to the Twenty-First Century
Communications and Video Accessibility Act of 2010, Public Law 111-260,
124 Stat. 2751, and the authority found in sections 4(i), 4(j), 303,
330(b), 713, and 716 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 154(j), 303, 330(b), 613, and 617, the Commission's
rules are hereby amended as set forth in Appendix B.
54. It is further ordered that we delegate authority to the Media
Bureau and the Consumer and Governmental Affairs Bureau to consider all
requests for declaratory rulings pursuant to Sec. 1.2 of the
Commission's rules, 47 CFR 1.2, all waiver requests pursuant to
Sec. Sec. 1.3 or 79.105(b)(4) of the Commission's rules, 47 CFR 1.3,
79.105(b)(4), and all informal requests for Commission action pursuant
to Sec. 1.41 of the Commission's rules, 47 CFR 1.41, filed under these
rules and pursuant to sections 202 and 203 of the CVAA as discussed
herein.
55. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order and Further Notice of Proposed Rulemaking
in MB Docket No. 12-107, including the Final Regulatory Flexibility
Analysis and the Initial Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
56. It is further ordered that the Commission shall send a copy of
this Report and Order and Further Notice of Proposed Rulemaking in MB
Docket No. 12-107 in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-11574 Filed 5-23-13; 8:45 am]
BILLING CODE 6712-01-P