[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Proposed Rules]
[Pages 70907-70914]
From the Federal Register Online via the Government Printing 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: FCC504@fcc.gov 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, Evan.Baranoff@fcc.gov, of the Media 
Bureau, Policy Division, (202) 418-2120 or Shabnam Javid, 
Shabnam.Javid@fcc.gov, 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 fcc504@fcc.gov 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

[[Page 70911]]

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \72\ 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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'').
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    [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 fcc504@fcc.gov 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.
---------------------------------------------------------------------------

    \84\ Documents will generally be available electronically in 
ASCII, Microsoft Word, and/or Adobe Acrobat.
---------------------------------------------------------------------------

    29. For additional information, contact Evan Baranoff, 
Evan.Baranoff@fcc.gov, of the Media Bureau, Policy Division, (202) 418-
7142 or Shabnam Javid, Shabnam.Javid@fcc.gov, 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