[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Proposed Rules]
[Pages 70907-70914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28235]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76
[MB Docket No. 11-93; FCC 13-141]
Implementation of the Commercial Advertisement Loudness
Mitigation (CALM) Act
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes minor rule changes
to incorporate by reference into the Commission's rules and make
mandatory the Advanced Television Systems Committee's (ATSC) March 12,
2013 A/85:2013 Recommended Practice (Successor RP), replacing the July
25, 2011 A/85:2011 RP (Current RP), incorporated into the Commission's
rules in 2011. The Commercial Advertisement Loudness Mitigation (CALM)
Act directs the Commission to incorporate by reference and make
mandatory ``any successor'' to the ATSC's A/85 Recommended Practice
(RP). This document also seeks comment on the appropriate timing for
the 2013 Successor RP to replace the 2011 Current RP, and proposes an
effective date of one year from the release date of the Report and
Order resulting from this proceeding. The 2013 Successor RP applies an
improved loudness measurement algorithm to conform to the International
Telecommunication Union's (ITU) updated BS.1770 measurement algorithm,
``BS.1770-3.''
DATES: Comments are due on or before December 27, 2013; reply comments
are due on or before January 13, 2014.
ADDRESSES: You may submit comments, identified by MB Docket No. 11-93,
by any of the following methods:
Federal Communications Commission (FCC) Electronic Comment
[[Page 70908]]
Filing System (ECFS) Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow
the instructions for submitting comments.
Mail: U.S. Postal Service first-class, Express, and
Priority mail must be addressed to the FCC Secretary, Office of the
Secretary, Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554. 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.
Hand or Messenger Delivery: All hand-delivered or
messenger-delivered paper filings for the FCC Secretary must be
delivered to FCC Headquarters at 445 12th Street SW., Room TW-A325,
Washington, DC 20554.
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.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the section IV. ``PROCEDURAL
MATTERS'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Evan Baranoff, [email protected], of the Media
Bureau, Policy Division, (202) 418-2120 or Shabnam Javid,
[email protected], of the Engineering Division, Media Bureau at
(202) 418-7000.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM), FCC 13-141, adopted on
October 31, 2013, and released on November 1, 2013. The full text of
this document is available electronically via the FCC's Electronic
Comment Filing System (ECFS) Web site at http://fjallfoss.fcc.gov/ecfs2/or via the FCC's Electronic Document Management System (EDOCS)
Web site at http://fjallfoss.fcc.gov/edocs_public/. (Documents will be
available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.) This document is also available for public inspection and
copying during regular business hours in the FCC Reference Information
Center, Federal Communications Commission, 445 12th Street, SW., CY-
A257, Washington, DC, 20554. 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).
Document Summary
I. Introduction
1. In this Further Notice of Proposed Rulemaking (FNPRM), we
propose minor rule changes to incorporate into our rules the Advanced
Television Systems Committee's (ATSC) \1\ recently published successor
document to its July 25, 2011 A/85:2011 Recommended Practice (Current
RP).\2\ The Commercial Advertisement Loudness Mitigation (CALM) Act
directs the Commission to incorporate such successor documents by
reference into the rules and make them mandatory.\3\ While this
proceeding is pending, the Current RP that the Commission incorporated
into our rules in 2011 will continue to be mandatory until the proposed
rule modifications incorporating the March 12, 2013 A/85:2013
Recommended Practice (Successor RP) take effect, except that we waive
this rule as necessary to permit parties the alternative to follow the
loudness measurement method contained in the Successor RP, rather than
that in the Current RP, prior to the rule modifications taking
effect.\4\
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\1\ According to its Web site, ATSC is an international, non-
profit organization developing voluntary standards for digital
television. The ATSC member organizations represent the broadcast,
broadcast equipment, motion picture, consumer electronics, computer,
cable, satellite, and semiconductor industries. ATSC creates and
fosters implementation of voluntary Standards and Recommended
Practices to advance digital television broadcasting and to
facilitate interoperability with other media. See http://www.atsc.org/aboutatsc.html.
\2\ See ATSC A/85:2013 ``ATSC Recommended Practice: Techniques
for Establishing and Maintaining Audio Loudness for Digital
Television,'' (March 12, 2013) (Successor RP). The Successor RP,
which replaces A/85:2011``ATSC Recommended Practice: Techniques for
Establishing and Maintaining Audio Loudness for Digital
Television,'' (July 25, 2011) (Current RP), is available on the ATSC
Web site at: http://www.atsc.org/cms/standards/A_85-2013.pdf.
\3\ See 47 U.S.C. 621(a); see also Implementation of the
Commercial Advertisement Loudness Mitigation (CALM) Act, MB Docket
No. 11-93, Report and Order, FCC 11-182, 77 FR 40276, July 9, 2012
(CALM Act Report and Order).
\4\ See infra para. 7.
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II. Background
2. On December 13, 2011, the Commission released a Report and Order
adopting rules implementing the CALM Act.\5\ As mandated by the
statute,\6\ the Commission incorporated into its rules by reference and
made mandatory the 2011 ATSC A/85 RP,\7\ which describes how the
television industry can monitor and control the loudness level of
digital TV programming. The rules took effect on December 13, 2012 and
require digital TV broadcasters, digital cable operators, satellite TV
providers, and other digital MVPDs to ensure that the commercials they
transmit to viewers comply with the A/85 Recommended Practice (RP).\8\
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\5\ See generally CALM Act Report and Order.
\6\ 47 U.S.C. 621(a).
\7\ See Current RP, which was incorporated as it existed on the
date of its approval by the Director of the Federal Register (i.e.,
Dec. 13, 2012). See 47 CFR 73.8000(a), (b)(5) and 76.602(a), (b)(2);
1 CFR 51.1(f) (``Incorporation by reference of a publication is
limited to the edition of the publication that is approved. Future
amendments or revisions of the publication are not included.''). The
Current RP is available at the ATSC Web site: http://www.atsc.org/cms/standards/a_85-2011a.pdf.
\8\ See 47 CFR 73.682(e) and 76.607.
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3. Section 2(a) of the CALM Act mandates that the Commission's
rules incorporate by reference and make mandatory ``any successor'' to
the RP, affording the Commission no discretion in this regard.\9\ On
March 12, 2013, the ATSC published a successor document to its 2011 A/
85 RP. As described by the ATSC, the Successor RP applies an improved
loudness measurement algorithm to conform to the International
Telecommunication Union's (ITU) \10\ updated BS.1770 measurement
algorithm, ``BS.1770-3.'' \11\ BS.1770-3 employs ``gating'' that will
exclude very quiet or silent passages of a commercial when
[[Page 70909]]
calculating the average loudness of that commercial.\12\ Use of the new
algorithm may result in some reduction in commercial loudness in
certain circumstances. The successor RP also contains other minor
changes that do not affect our rules.\13\
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\9\ 47 U.S.C. 621(a). See CALM Act Report and Order, para. 20
(observing that ``Section 2(a) mandates that the required regulation
incorporate by reference and make mandatory ``any successor'' to the
RP, affording the Commission no discretion in this regard.'').
\10\ The ITU is a specialized agency of the United Nations whose
goal is to promote international cooperation in the efficient use of
telecommunications, including the use of the radio frequency
spectrum. The ITU publishes technical recommendations concerning
various aspects of radio communication technology. These
recommendations are subject to an international peer review and
approval process in which the Commission participates.
\11\ See Letter from Mark S. Richer, ATSC President, to Alison
Neplokh, Chief Engineer, Media Bureau, FCC, at 1 (dated April 5,
2013) (ATSC April 5 Letter) (stating that ``the revised version of
A/85 includes an update of the reference to the [ITU] recommendation
for `Algorithms to measure audio programme loudness and true-peak
audio level.' The revised A/85 now references ITU-R BS.1770-3.'').
As explained in the CALM Act Report and Order, the ITU-R BS.1770
measurement algorithm provides a numerical value that indicates the
perceived loudness of the content (measured in units of LKFS--
loudness, K-weighted, relative to full scale) by averaging the
loudness of audio signals in all channels over the duration of the
content. See CALM Act Report and Order, para. 5.
\12\ Id. (``Version 3 of BS.1770, adds `gating' (excluding low
level passages from the measured value) to the measurement
algorithm.'').
\13\ See ATSC April 5 Letter at 1. ATSC explains that version 3
of BS.1770 also ``includes some minor editorial updates to the
loudness measurement text and a minor correction to the true-peak
measurement algorithm.'' Id. ATSC also explains that ``[b]eyond the
reference change, A/85 now includes improved guidance for measuring
the loudness of surround programming in both its multichannel format
and in its 2-channel downmix.* * * In addition, A/85 is now specific
about the differences between loudness and dynamic range.'' Id.
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III. Discussion
4. As an initial matter, we address a procedural issue. In the CALM
Act Report and Order, the Commission concluded that ``although the
`good cause' exception [to the Administrative Procedure Act] excuses
compliance with notice and comment requirements under these
circumstances, the public interest [would] be better served by an
opportunity for comment in most cases.'' \14\ The CALM Act Report and
Order further stated that ``if, however, a successor is not
sufficiently substantive to require interpretation or public comment,
[the Commission would] simply adopt the successor by public notice.''
\15\ Although we find that the ``good cause'' exception arguably would
allow us to forgo notice and comment requirements in the instant
circumstances because the successor RP's changes do not require
substantive interpretation on our part, we conclude that it is
appropriate for us to seek comment on an appropriate timeline for
implementation, as described below.
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\14\ Id. (citing 5 U.S.C. 553(b)(B) (providing that
Administrative Procedure Act's notice and comment requirements do
not apply ``when the agency for good cause finds (and incorporates
the finding and a brief statement of reasons therefor in the rules
issued) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest'').
\15\ Id.
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5. We tentatively conclude that the only substantive change raised
by the Successor RP as it relates to our rules is the change to the
measurement algorithm to conform to BS.1770-3, and seek comment on this
tentative conclusion. As a practical matter, this change seems to be
designed to prevent advertisers from using silent passages to offset
excessively loud passages when calculating the average loudness of
program material. Thus, once this Successor RP is implemented,
consumers may notice a modest decrease in the perceived loudness of
certain commercials. This change is consistent with the type of updates
that we believe Congress intended the Commission to incorporate in its
rules by specifying in the CALM Act that the Commission shall make
mandatory successor versions of the RP. Accordingly, we propose to
adopt the Successor RP and incorporate it by reference into our
rules.\16\
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\16\ See Proposed rules.
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6. We recognize that, as a result of the proposed changes, parties
\17\ may need a software or device upgrade for their equipment.
Accordingly, we believe that it is appropriate to afford a reasonable
amount of time for affected parties to implement the Successor RP. We
are mindful of the fact that many such parties have recently purchased
new equipment to comply with the Commission's rules implementing the
statute, which took effect on December 13, 2012. Therefore, we seek
comment about the costs and timing associated with upgrading existing
equipment to comply with the Successor RP. Based on the limited scope
of the rule changes raised by the Successor RP, we believe an effective
date of one year from the release date of the Report and Order in the
instant proceeding would provide enough time to implement any necessary
equipment upgrades. We seek comment on this proposal, including the
costs and benefits of this proposed implementation deadline. In
particular, we seek specific comment from affected parties who have
already purchased equipment that is not easily upgradable or for which
implementation of the Successor RP would be significantly burdensome
for some other reason. We also seek comment on whether small TV
stations and MVPDs, as a class, may need more time to implement the
Successor RP.\18\ In setting an effective date, we seek to ensure that
consumers can benefit in a timely fashion from the improved method of
controlling loudness,\19\ while avoiding imposing unreasonable burdens
on affected parties. If a commenter suggests that any party should have
more time to implement the Successor RP, then we ask that commenter to
explain in detail the reasons for needing the additional time and why
that need outweighs the effect that the longer implementation timeline
would have on consumers.
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\17\ In addition to broadcasters and MVPDs, parties affected by
these rules may include programmers and other third parties that may
be performing the loudness measurements on which stations and MVPDs
rely.
\18\ The CALM Act Report and Order defines a ``small broadcast
station'' and a ``small MVPD system'' for purposes of a streamlined
financial hardship waiver to obtain a one-year waiver of the
effective date of the rules. See CALM Act Report and Order, paras.
53-54. A ``small broadcast station'' is defined as a TV station with
$14.0 million or less in annual receipts or that is located in
television markets 150 to 210. A ``small MVPD system'' is defined as
an MVPD with fewer than 15,000 subscribers (as of December 31, 2011)
and that is not affiliated with a larger operator serving more than
10 percent of all MVPD subscribers. Id. We note that some small
stations and MVPDs have obtained financial hardship waivers for a
one-year waiver of the effective date of the rules (until December
13, 2013) and are eligible for a second one-year waiver (until
December 13, 2014).
\19\ We note that the potential benefit that may occur for
consumers is limited to situations where a commercial has a
significant amount of silent or very quiet passages. The new
algorithm's use of ``gating'' is intended to more accurately reflect
consumer perceptions in situations in which the commercial contains
both very loud and very quiet passages. In this circumstance, the
new algorithm would result in a greater perceived loudness
measurement than the old algorithm, therefore requiring the
commercial to be adjusted using one of the methods in the RP. Thus,
the new algorithm may result in somewhat reduced loudness problems
perceived by consumers in this circumstance, but is otherwise
substantially the same as the existing algorithm.
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7. Although stations and MVPDs must continue to comply with the
2011 A/85 RP that is currently incorporated by reference in the rules,
we waive our rules to permit stations and MVPDs to implement the
Successor RP early. We expect that some stations and MVPDs may be able
and willing to implement the Successor RP in less than the year we
propose to allow for compliance with the new standard. Therefore, to
the extent it may be necessary to expressly permit such early adoption
of the Successor RP, and in light of the fact that the CALM Act makes
mandatory the revision of our rules proposed herein, we hereby waive
our rules to allow stations and MVPDs to comply with our existing rules
by following either the BS.1770-1 measurement method in the Current RP
or the BS.1770-3 updated measurement method in the Successor RP.
Although the change in the measurement method is minor, we believe that
consumers may benefit from early implementation of the improved
loudness measurement technique incorporated into the Successor RP, and
allowing stations and MVPDs to demonstrate compliance at this time
based on the new standard is accordingly in the public interest.
Finally, we invite comment on whether the Successor RP raises any other
issues that should be addressed in this proceeding.\20\
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\20\ We note, however, that the scope of this proceeding is
limited to the incorporation into our rules of the Successor RP and
we will not revisit issues already decided by the Commission. Any
comments or reply comments that raise such issues will not be
substantively considered.
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IV. Procedural Matters
8. Initial Regulatory Flexibility Act Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA) \21\ the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) concerning the possible significant economic impact on small
entities of the rule changes proposed in this Order and Further Notice
of Proposed Rulemaking (FNPRM). Written public comments are requested
on this IRFA. These comments must be filed in accordance with the same
filing deadlines for comments on the FNPRM and they must have a
separate and distinct heading designating them as responses to the
IRFA. The Commission will send a copy of the FNPRM, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA).\22\ In addition, the FNPRM and IRFA (or summaries
thereof) will be published in the Federal Register.\23\
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\21\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has
been amended by the Contract With America Advancement Act of 1996,
Pub. L. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA
is the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA).
\22\ See 5 U.S.C. 603(a).
\23\ See id.
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1. Need for, and Objectives of, the Proposed Rule Changes
9. This FNPRM proposes minor rule changes to incorporate by
reference into the Commission's rules and make mandatory the Advanced
Television Systems Committee's (ATSC) March 12, 2013 A/85:2013
Recommended Practice (RP) (Successor RP).\24\ The Commercial
Advertisement Loudness Mitigation (CALM) Act directs the Commission to
incorporate by reference and make mandatory ``any successor'' to the
ATSC's A/85 Recommended Practice (RP), affording the Commission no
discretion in this regard.\25\ Accordingly, this FNPRM proposes to
replace the July 25, 2011 A/85:2011 RP (Current RP), incorporated into
our rules in 2011, with the Successor RP published in 2013.\26\ This
FNPRM also seeks comment on the appropriate timing for the 2013
Successor RP to replace the 2011 Current RP. As mandated by the
statute, the proposed rule changes will apply to television station
broadcasters and multichannel video programming distributors
(MVPDs).\27\
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\24\ ATSC A/85:2013 ``ATSC Recommended Practice: Techniques for
Establishing and Maintaining Audio Loudness for Digital
Television,'' (March 12, 2013) (Successor RP).
\25\ See 47 U.S.C. 621(a); see also CALM Act Report and Order.
\26\ The Successor RP, which replaces A/85:2011``ATSC
Recommended Practice: Techniques for Establishing and Maintaining
Audio Loudness for Digital Television,'' (July 25, 2011) (Current
RP), is available on the ATSC Web site at: http://www.atsc.org/cms/standards/A_85-2013.pdf.
\27\ We refer herein to covered entities collectively as
``stations/MVPDs'' or ``regulated parties.''
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2. Legal Basis
10. The proposed action is authorized pursuant to the Commercial
Advertisement Loudness Mitigation Act of 2010, Public Law 111-311, 124
Stat. 3294, and Sections 1, 2(a), 4(i) and (j), and 303 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i),
and 303 and 621.
3. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
11. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.\28\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' \29\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\30\ 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 SBA.\31\ The rule changes proposed herein will
directly affect small television broadcast stations and small MVPD
systems, which include cable operators and satellite video providers.
Below, we provide a description of such small entities, as well as an
estimate of the number of such small entities, where feasible.
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\28\ 5 U.S.C. 603(b)(3).
\29\ 5 U.S.C. 601(6).
\30\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 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.'' 5 U.S.C. 601(3).
\31\ 15 U.S.C. 632. Application of the statutory criteria of
dominance in its field of operation and independence are sometimes
difficult to apply in the context of broadcast television.
Accordingly, the Commission's statistical account of television
stations may be over-inclusive.
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12. 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.'' \32\ The SBA has created the
following small business size standard for Television Broadcasting
businesses: those having $35.5 million or less in annual receipts.\33\
The Commission has estimated the number of licensed commercial
television stations to be 1,386.\34\ In addition, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on June 10, 2013, about 1,245 (or about 90
percent) the estimated 1,386 commercial television stations had
revenues of $35.5 million or less. In addition, the Commission has
estimated the number of licensed noncommercial educational (NCE)
television stations to be 396.\35\ NCE stations are non-profit, and
therefore considered to be small entities.\36\ Therefore, we estimate
that the majority of television broadcast stations are small entities.
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\32\ U.S. Census Bureau, 2012 NAICS Definitions, ``515120
Television Broadcasting,'' at http://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\33\ 13 CFR 121.201; 2012 NAICS code 515120.
\34\ See Broadcast Station Totals as of June 30, 2013, Press
Release (MB rel. July 10, 2013) (Broadcast Station Totals Press
Release) at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-322079A1.pdf.
\35\ See Broadcast Station Totals, supra.
\36\ See generally 5 U.S.C. 601(4), (6).
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13. We note, however, that in assessing whether a business concern
qualifies as small under the above definition, business (control)
affiliations \37\ 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.
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\37\ ``[Business concerns] are affiliates of each other when one
concern controls or has the power to control the other or a third
party or parties controls or has to power to control both.'' 13 CFR
21.103(a)(1).
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14. Cable Television Distribution Services. Since 2007, these
services have been defined within the broad economic census category of
Wired Telecommunications Carriers, which was developed for small
wireline businesses. This category is defined as
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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
distribution; and wired broadband Internet services.'' \38\ The SBA has
developed a small business size standard for this category, which is:
all such businesses having 1,500 or fewer employees.\39\ Census data
for 2007 shows that there were 31,996 establishments that operated that
year.\40\ Of this total, 30,178 establishments had fewer than 100
employees, and 1,818 establishments had 100 or more employees.\41\
Therefore, under this size standard, we estimate that the majority of
businesses can be considered small entities.
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\38\ U.S. Census Bureau, 2012 NAICS Definitions, ``517110 Wired
Telecommunications Carriers'' (partial definition) at http://www.census.gov/cgi-bin/sssd/naics/naicsrch. Examples of this
category are: broadband Internet service providers (e.g., cable,
DSL); local telephone carriers (wired); cable television
distribution services; long-distance telephone carriers (wired);
closed circuit television (CCTV) services; VoIP service providers,
using own operated wired telecommunications infrastructure; direct-
to-home satellite system (DTH) services; telecommunications carriers
(wired); satellite television distribution systems; and multichannel
multipoint distribution services (MMDS).
\39\ 13 CFR 121.201; 2012 NAICS code 517110.
\40\ U.S. Census Bureau, 2007 Economic Census. See U.S. Census
Bureau, American FactFinder, ``Information: Subject Series--Estab
and Firm Size: Employment Size of Establishments for the United
States: 2007--2007 Economic Census,'' NAICS code 517110, Table
EC0751SSSZ2; available at http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
\41\ Id.
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15. 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.\42\ Industry data
shows that there were 1,141 cable companies at the end of June
2012.\43\ Of this total, all but 10 incumbent cable companies are small
under this size standard.\44\ In addition, under the Commission's rate
regulation rules, a ``small system'' is a cable system serving 15,000
or fewer subscribers.\45\ Current Commission records show 4,945 cable
systems nationwide.\46\ Of this total, 4,380 cable systems have less
than 20,000 subscribers, and 565 systems have 20,000 subscribers or
more, based on the same records. Thus, under this standard, we estimate
that most cable systems are small.
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\42\ 47 CFR 76.901(e). The Commission determined that this size
standard equates approximately to a size standard of $100 million or
less in annual revenues. Implementation of Sections of the Cable
Television Consumer Protection And Competition Act of 1992: Rate
Regulation, MM Docket No. 92-266, MM Docket No. 93-215, Sixth Report
and Order and Eleventh Order on Reconsideration, FCC 95-196, 60 FR
35854, July 12, 1995.
\43\ NCTA, Industry Data, Number of Cable Operating Companies
(June 2012), http://www.ncta.com/Statistics.aspx (visited Sept. 28,
2012). Depending upon the number of homes and the size of the
geographic area served, cable operators use one or more cable
systems to provide video service. See Annual Assessment of the
Status of Competition in the Market for Delivery of Video
Programming, MB Docket No. 12-203, Fifteenth Report, FCC 13-99 at
para. 24 (rel. July 22, 2013) (15th Annual Competition Report).
\44\ See SNL Kagan, ``Top Cable MSOs--12/12 Q''; available at
http://www.snl.com/InteractiveX/TopCableMSOs.aspx?period=2012Q4&sortcol=subscribersbasic&sortorder=desc. We note that, when applied to an MVPD operator, under this size
standard (i.e., 400,000 or fewer subscribers) all but 14 MVPD
operators would be considered small. See NCTA, Industry Data, Top 25
Multichannel Video Service Customers (2012), http://www.ncta.com/industry-data (visited Aug. 30, 2013). The Commission applied this
size standard to MVPD operators in its implementation of the CALM
Act. See CALM Act Report and Order, para. 37 (defining a smaller
MVPD operator as one serving 400,000 or fewer subscribers
nationwide, as of December 31, 2011).
\45\ 47 CFR 76.901(c).
\46\ The number of active, registered cable systems comes from
the Commission's Cable Operations and Licensing System (COALS)
database on Aug. 28, 2013. A cable system is a physical system
integrated to a principal headend.
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16. Cable System Operators (Telecom Act Standard). 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.'' \47\ There are approximately 56.4
million incumbent cable video subscribers in the United States
today.\48\ Accordingly, an operator serving fewer than 564,000
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.\49\ Based on available data,
we find that all but 10 incumbent cable operators are small under this
size standard.\50\ 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.\51\
Although it seems certain that some of these cable system operators are
affiliated with entities whose gross annual revenues exceed
$250,000,000, we are unable at this time to estimate with greater
precision the number of cable system operators that would qualify as
small cable operators under the definition in the Communications Act.
---------------------------------------------------------------------------
\47\ 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & nn. 1-3.
\48\ See NCTA, Industry Data, Cable Video Customers (2012),
http://www.ncta.com/industry-data (visited Aug. 30, 2013).
\49\ 47 CFR 76.901(f); see Public Notice, FCC Announces New
Subscriber Count for the Definition of Small Cable Operator, DA 01-
158 (Cable Services Bureau, Jan. 24, 2001).
\50\ See NCTA, Industry Data, Top 25 Multichannel Video Service
Customers (2012), http://www.ncta.com/industry-data (visited Aug.
30, 2013).
\51\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's
finding that the operator does not qualify as a small cable operator
pursuant to Section 76.901(f) of the Commission's rules. See 47 CFR
76.901(f).
---------------------------------------------------------------------------
17. 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,\52\ which was developed for small wireline businesses. Under
this category, the SBA deems a wireline business to be small if it has
1,500 or fewer employees.\53\ Census data for 2007 shows that there
were 31,996 establishments that operated that year.\54\
[[Page 70912]]
Of this total, 30,178 establishments had fewer than 100 employees, and
1,818 establishments had 100 or more employees.\55\ Therefore, under
this size standard, the majority of such businesses can be considered
small. However, the data we have available as a basis for estimating
the number of such small entities were gathered under a superseded SBA
small business size standard formerly titled ``Cable and Other Program
Distribution.'' The definition of Cable and Other Program Distribution
provided that a small entity is one with $12.5 million or less in
annual receipts.\56\ Currently, only two entities provide DBS service,
which requires a great investment of capital for operation: DIRECTV and
DISH Network.\57\ Each currently offer subscription services. DIRECTV
and DISH Network 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.
---------------------------------------------------------------------------
\52\ See 13 CFR 121.201, 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers 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. 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 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.'' (Emphasis added
to text relevant to satellite services.) U.S. Census Bureau, 2012
NAICS Definitions, ``517110 Wired Telecommunications Carriers'' at
http://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\53\ 13 CFR 121.201; 2012 NAICS code 517110.
\54\ U.S. Census Bureau, 2007 Economic Census. See U.S. Census
Bureau, American FactFinder, ``Information: Subject Series--Estab
and Firm Size: Employment Size of Establishments for the United
States: 2007--2007 Economic Census,'' NAICS code 517110, Table
EC0751SSSZ2; available at http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
\55\ Id.
\56\ 13 CFR 121.201, NAICS code 517510 (2002).
\57\ See 15th Annual Competition Report, at para. 27. As of June
2012, DIRECTV is the largest DBS operator and the second largest
MVPD in the United States, serving approximately 19.9 million
subscribers. DISH Network is the second largest DBS operator and the
third largest MVPD, serving approximately 14.1 million subscribers.
Id. at paras. 27, 110-11.
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18. 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,\58\ which was developed
for small wireline businesses. Under this category, the SBA deems a
wireline business to be small if it has 1,500 or fewer employees.\59\
Census data for 2007 shows that there were 31,996 establishments that
operated that year.\60\ Of this total, 30,178 establishments had fewer
than 100 employees, and 1,818 establishments had 100 or more
employees.\61\ Therefore, under this size standard, the majority of
such businesses can be considered small.
---------------------------------------------------------------------------
\58\ See 13 CFR 121.201, 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers 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. 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 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.'' (Emphasis added
to text relevant to satellite services.) U.S. Census Bureau, 2012
NAICS Definitions, ``517110 Wired Telecommunications Carriers'' at
http://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\59\ 13 CFR 121.201; 2012 NAICS code 517110.
\60\ U.S. Census Bureau, 2007 Economic Census. See U.S. Census
Bureau, American FactFinder, ``Information: Subject Series--Estab
and Firm Size: Employment Size of Establishments for the United
States: 2007--2007 Economic Census,'' NAICS code 517110, Table
EC0751SSSZ2; available at http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
\61\ Id.
---------------------------------------------------------------------------
19. Open Video Services. 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.\62\ The OVS framework provides opportunities for the
distribution of video programming other than through cable systems.
Because OVS operators provide subscription services,\63\ OVS falls
within the SBA small business size standard covering cable services,
which is ``Wired Telecommunications Carriers.'' \64\ The SBA has
developed a small business size standard for this category, which is:
all such businesses having 1,500 or fewer employees.\65\ Census data
for 2007 shows that there were 31,996 establishments that operated that
year.\66\ Of this total, 30,178 establishments had fewer than 100
employees, and 1,818 establishments had 100 or more employees.\67\
Therefore, under this size standard, we estimate that the majority of
businesses can be considered small entities. In addition, we note that
the Commission has certified some OVS operators, with some now
providing service.\68\ Broadband service providers (BSPs) are currently
the only significant holders of OVS certifications or local OVS
franchises.\69\ 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, again, at least some of the OVS
operators may qualify as small entities.
---------------------------------------------------------------------------
\62\ 47 U.S.C. 571(a)(3) through (4). See Annual Assessment of
the Status of Competition in the Market for the Delivery of Video
Programming, MB Docket No. 06-189, Thirteenth Annual Report, FCC 07-
206, 74 FR 11102, March 16, 2009 (Thirteenth Annual Cable
Competition Report).
\63\ See 47 U.S.C. 573.
\64\ See 13 CFR 121.201, 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers is defined in part 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 distribution; and wired broadband Internet
services.'' U.S. Census Bureau, 2012 NAICS Definitions, ``517110
Wired Telecommunications Carriers'' at http://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\65\ 13 CFR 121.201; 2012 NAICS code 517110.
\66\ U.S. Census Bureau, 2007 Economic Census. See U.S. Census
Bureau, American FactFinder, ``Information: Subject Series--Estab
and Firm Size: Employment Size of Establishments for the United
States: 2007--2007 Economic Census,'' NAICS code 517110, Table
EC0751SSSZ2; available at http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
\67\ Id.
\68\ A list of OVS certifications may be found at http://www.fcc.gov/mb/ovs/csovscer.html.
\69\ See Thirteenth Annual Cable Competition Report. BSPs are
newer businesses that are building state-of-the-art, facilities-
based networks to provide video, voice, and data services over a
single network.
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4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
20. As stated above, the FNPRM proposes to incorporate by reference
into our rules and make mandatory the Successor RP published in 2013,
thereby replacing the Current RP incorporated into our rules in 2011.
As discussed in the FNPRM, the only substantive change raised by the
Successor RP appears to be the change in the measurement algorithm to
be used when calculating the average loudness of a commercial.\70\
Under the Current RP, television stations and MVPDs use the BS.1770-1
measurement method, whereas, under the Successor RP, stations and MVPDs
will use the BS.1770-3 method. The primary difference is that BS.1770-3
employs ``gating'' that will exclude very quiet or silent passages of a
commercial when calculating the average loudness of that commercial. As
a result, stations and MVPDs may need a software or device upgrade for
their equipment in order to perform the new loudness measurement
[[Page 70913]]
technique. The FNPRM seeks comment about the costs and timing
associated with upgrading existing equipment to comply with the
Successor RP. The FNPRM does not otherwise propose any new reporting,
recordkeeping or other compliance requirements.\71\
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\70\ See FNPRM paras. 4-5.
\71\ For an overview of the existing compliance requirements
pursuant to our implementation of the CALM Act, see Implementation
of the Commercial Advertisement Loudness Mitigation (CALM) Act, MB
Docket No. 11-93, Small Entity Compliance Guide, DA 13-1002 (MB rel.
May 7, 2013); available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-13-1002A1.docx.
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5. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
21. 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.\72\
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\72\ 5 U.S.C. 603(c)(1) through (c)(4).
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22. The CALM Act requires that the new technical loudness standard
(i.e., the 2011 ATSC A/85 RP) be made mandatory for all stations and
MVPDs, regardless of size.\73\ The statute also requires that the
Commission make mandatory ``any successor'' to the ATSC A/85 RP,
affording the Commission no discretion in this regard.\74\ However, in
this FNPRM, the Commission finds that it has some discretion to afford
a reasonable amount of time for regulated parties to implement the
Successor RP, and proposes to afford regulated parties with one year
from the release date of the Report and Order in the instant proceeding
to implement any necessary equipment upgrades. The FNPRM specifically
considers (and seeks comment on) whether small TV stations and MVPDs,
as a class, may need more time to implement the Successor RP.\75\
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\73\ See 47 U.S.C. 621(a).
\74\ Id.
\75\ See FNPRM paras. 6-7 (also seeking ``specific comment from
affected parties who have already purchased equipment that is not
easily upgradable or for which implementation of the Successor RP
would be significantly burdensome for some other reason'').
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6. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rule
23. None.
24. Initial Paperwork Reduction Act of 1995 Analysis. This document
does not contain proposed information collection(s) subject to the
Paperwork Reduction Act of 1995 (PRA).\76\ In addition, therefore, it
does not contain any new or modified information collection burden for
small business concerns with fewer than 25 employees, pursuant to the
Small Business Paperwork Relief Act of 2002.\77\
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\76\ The Paperwork Reduction Act of 1995 (PRA), Pub. L. 104-13,
109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).
\77\ The Small Business Paperwork Relief Act of 2002 (SBPRA),
Pub. L. 107-198, 116 Stat 729 (2002) (codified in Chapter 35 of
title 44 U.S.C.); see 44 U.S.C. 3506(c)(4).
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25. Ex Parte Rules. This matter will be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules.\78\ Ex parte presentations are permissible if disclosed in
accordance with Commission rules, except during the Sunshine Agenda
period when presentations, ex parte or otherwise, are generally
prohibited. Persons making oral ex parte presentations are reminded
that a memorandum summarizing a presentation must contain a summary of
the substance of the presentation and not merely a listing of the
subjects discussed.\79\ More than a one- or two-sentence description of
the views and arguments presented is generally required.\80\ Additional
rules pertaining to oral and written presentations in ``permit-but-
disclose'' proceedings are set forth in section 1.1206(b) of the
rules.\81\
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\78\ See 47 CFR 1.1206 (``Permit-but-disclose'' proceedings'');
see also id. 1.1200 through 1.1216.
\79\ See id. 1.1206(b)(2).
\80\ See id.
\81\ See id. 1.1206(b). See also Commission Emphasizes the
Public's Responsibilities in Permit-But-Disclose Proceedings, Public
Notice, 15 FCC Rcd 19945 (2000). We note that the Commission has
amended the rules governing the content of ex parte notices. See
Amendment of the Commission's Ex Parte Rules and Other Procedural
Rules, GC Docket No. 10-43, Report and Order and Further Notice of
Proposed Rulemaking, FCC 11-11, 76 FR 24376, May 2, 2011.
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26. Filing Requirements. Pursuant to Sections 1.415 and 1.419 of
the Commission's rules,\82\ interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. All comments are to reference MB Docket No. 11-93 and
may be filed using: (1) the Commission's Electronic Comment Filing
System (ECFS) or (2) by filing paper copies.\83\
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\82\ See 47 CFR 1.415, 1419.
\83\ See Electronic Filing of Documents in Rulemaking
Proceedings, GC Docket No. 97-113, Report and Order, FCC 98-56, 63
FR 24121, May 1, 1998.
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[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
[ssquf] 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 filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
[ssquf] 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.
[ssquf] 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.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington DC 20554.
27. 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
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
28. Availability of Documents. Comments and reply comments will be
publically available online via ECFS.\84\ These documents will also be
available for public inspection during regular business hours in the
FCC Reference Information Center, which is located in Room CY-A257 at
FCC Headquarters, 445 12th Street SW., Washington, DC 20554. The
Reference Information Center is open to the public Monday through
Thursday from 8:00 a.m. to 4:30
[[Page 70914]]
p.m. and Friday from 8:00 a.m. to 11:30 a.m.
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\84\ Documents will generally be available electronically in
ASCII, Microsoft Word, and/or Adobe Acrobat.
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29. For additional information, contact Evan Baranoff,
[email protected], of the Media Bureau, Policy Division, (202) 418-
7142 or Shabnam Javid, [email protected], of the Engineering
Division, Media Bureau at (202) 418-2672. Direct press inquiries to
Janice Wise at (202) 418-8165.
V. Ordering Clauses
30. Accordingly, it is ordered that pursuant to the Commercial
Advertisement Loudness Mitigation Act of 2010, Public Law 111-311, 124
Stat. 3294, and Sections 1, 2(a), 4(i), and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i),
and 303(r), and 621, this Order and Further Notice of Proposed
Rulemaking is adopted and notice is hereby given of the proposals and
tentative conclusions described in this Further Notice of Proposed
Rulemaking.
31. It is further ordered that, pursuant to the Commercial
Advertisement Loudness Mitigation Act of 2010, Public Law 111-311, 124
Stat. 3294, and section 4(i) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i) and 621, and section 1.3 of the Commission's
rules, 47 CFR 1.3, that sections 73.682(e) and 76.607 of the rules, 47
CFR 73.682(e) and 76.607, are waived to the extent described in
paragraph 7 herein.
32. It is further ordered that the Reference Information Center,
Consumer and Governmental Affairs Bureau, shall send a copy of this
Further Notice of Proposed Rulemaking, including the Initial Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Parts 73 and 76
Cable television, Digital television, Incorporation by reference,
and Satellite television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 73 and 76 as
follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336, and 339.
Sec. 73.800 [Amended]
0
2. Section 73.8000 is amended in paragraph (b)(5) by removing ``ATSC A/
85:2011'' and adding in its place ''ATSC A/85:2013'', and removing the
date ``July 25, 2011'' and adding in its place ``March 12, 2013''.
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
3. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549,
552, 554, 556, 558, 560, 561, 571, 572, 573.
Sec. 76.602 [Amended]
0
4. Section 76.602 is amended in paragraph (b)(2) by removing ``ATSC A/
85:2011'' and adding in its place ``ATSC A/85: 2013'', and removing the
date ``July 25, 2011'' and adding in its place ``March 12, 2013''.
[FR Doc. 2013-28235 Filed 11-26-13; 8:45 am]
BILLING CODE 6712-01-P