[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13679-13684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06029]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 74, 76, and 78

[MB Docket No. 17-231; FCC 18-16]


Maintenance of Copies of FCC Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) eliminates rules that require certain broadcast and 
cable entities to maintain paper copies of the Commission's 
regulations. As set forth below, we conclude that eliminating these 
requirements, which apply to low power TV, TV and FM translators, TV 
and FM booster stations, cable television relay station (CARS) 
licensees, and certain cable operators, will advance the Commission's 
goal of reducing outdated regulations and unnecessary regulatory 
burdens that can impede competition and innovation in media markets.

DATES: Effective March 30, 2018.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Jonathan Mark, [email protected], of the Media Bureau, Policy 
Division, (202) 418-3634. Direct press inquiries to Janice Wise at 
(202) 418-8165.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (Order), FCC 18-16, adopted and released on February 20, 
2018. The full text of this document is available electronically via 
the FCC's Electronic Document Management System (EDOCS) website at 
http://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic 
Comment Filing System (ECFS) website at http://fjallfoss.fcc.gov/ecfs2/. (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, 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 p.m. and Friday from 8:00 a.m. to 11:30 a.m. 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).

Synopsis

I. Report and Order

    1. In this Order, we eliminate rules that require certain broadcast 
and cable entities to maintain paper copies of the Commission's 
regulations. As part of our initiative to modernize our media 
regulations, we issued a Notice of Proposed Rulemaking (NPRM) proposing 
to eliminate requirements that regulatees maintain copies of certain 
portions of the Code of Federal Regulations (CFR). We received 
unanimous support for this proposal. As set forth below, we conclude 
that eliminating these requirements, which apply to low power TV, TV 
and FM translators, TV and FM booster stations, cable television relay 
station (CARS) licensees, and certain cable operators, will advance the 
Commission's goal of reducing outdated regulations and unnecessary 
regulatory burdens that can impede competition and innovation in media 
markets.
    2. We adopt the proposal to eliminate the requirement, set forth in 
Sec.  74.769 of our rules, that licensees or permittees of

[[Page 13680]]

low power TV, TV translators, and TV booster stations maintain ``a 
current copy of Volume I and Volume III of the Commission's rules.'' We 
also adopt the proposal to eliminate the requirement in Sec.  74.1269 
of our rules that licensees and permittees of FM translator and FM 
booster stations maintain ``a current copy of Volumes I (parts 0, 1, 2 
and 17) and III (parts 73 and 74) of the Commission's rules.'' As we 
noted in the NPRM, the Commission adopted these requirements more than 
40 years ago as part of its regulation of then recently established 
broadcast translator services. We agree with NAB that, ``given 
licensees' ability today to immediately access FCC rules via the 
internet, requiring broadcasters to retain hard copies of the rules is 
no longer necessary.'' Indeed, the electronic version of the CFR 
available on the internet is often more current than the printed 
version, which is published only once a year. Removing this requirement 
also would help small broadcasters in particular by enabling them to 
cut unnecessary costs.
    3. Additionally, as proposed in the NPRM, we eliminate the 
requirement in Sec.  76.1714(a) that cable operators serving 1,000 or 
more subscribers maintain a current copy of part 76 of the Commission's 
rules and, if subject to the Emergency Alert System (EAS) rules 
contained in part 11, an EAS Operating Handbook. As noted in the NPRM, 
we recognize the public safety benefits of keeping the EAS Handbook in 
close proximity, but we see no need to duplicate the requirement in 
section 11.15--which this order does not impact--that a copy of the 
handbook ``be located at normal duty positions or EAS equipment 
locations when an operator is required to be on duty and be immediately 
available to staff responsible for authenticating messages and 
initiating actions.'' We agree with NCTA that this ``requirement wastes 
resources and is unjustified today given that the materials are readily 
available for free to anyone with access to the internet.'' Moreover, 
because the most up-to-date version of the Commission's rules is 
accessible via the internet, a requirement to keep a hard copy of part 
76 of the Commission's rules has outlived its usefulness.
    4. We also eliminate from Sec. Sec.  76.1714(c) and 78.67 of the 
Commission's rules the requirement that CARS licensees maintain a 
current copy of part 78 of the Commission's rules and, in cases where 
aeronautical obstruction markings of antennas are required, a current 
copy of part 17. The Commission adopted these rules several decades ago 
as part of a comprehensive regulatory framework to govern then-nascent 
cable television service. We agree with ACA and other commenters that, 
because the Commission's rules are now easily accessible via the 
internet, requirements to keep hard copies of those rules have outlived 
their purpose.
    5. For these reasons, we find that these pre-internet era rules 
requiring certain broadcast and cable entities to keep hard copies of 
Commission rules are outdated and impose an unnecessary burden on 
regulates. As such, we find that removing them is in the public 
interest. At the same time, we note that our action today does not 
eliminate the portions of Sec. Sec.  74.769, 74.1269, 76.1714, and 
78.67 that obligate the subject broadcast and cable entities to be 
familiar with the rules governing their respective operations.

II. Procedural Matters

A. Final Paperwork Reduction Act Analysis

    6. This document does not contain any new or revised information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13 (44 U.S.C. 3501-3520). In addition, therefore, it 
does not contain any new or modified ``information burden for small 
business concerns with fewer than 25 employees'' pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 
3506(c)(4).

B. Congressional Review Act

    7. The Commission will send a copy of this Order in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM) in MB Docket 
17-231. The Commission sought written public comments on proposals in 
the NPRM, including comment on the IRFA. The Commission received no 
comments on the IRFA, although some commenters discussed the effect of 
the proposals on smaller entities, as discussed below. The present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
    9. Need for, and Objectives of, the Report and Order. The Report 
and Order (Order) stems from a Public Notice issued by the Commission 
in May 2017, launching an initiative to modernize the Commission's 
media regulations. The parties that filed comments in the proceeding 
unanimously agree that the recordkeeping requirements at issue are 
outdated and unnecessary and should be eliminated. The Order adopts the 
NPRM's proposal to eliminate provisions of the Commission's rules that 
obligate certain broadcasters and cable entities to maintain paper 
copies of Commission rules.
    10. Specifically, the Order eliminates: (i) The requirement that 
licensees or permittees of low power TV, TV translator, and TV booster 
stations maintain a copy of Volume I and Volume III of the Commission's 
rules; (ii) the requirement that licensees or permittees of FM 
translator and FM booster stations maintain a copy of Volumes I (parts 
0, 1, 2 and 17) and III (parts 73 and 74) of the Commission's rules; 
(iii) the requirement that certain cable operators maintain a copy of 
part 76 of the Commission's rules and, if subject to the Emergency 
Alert System (EAS) rules contained in part 11 of such rules, an EAS 
Operating Handbook; and (iv) the requirements that cable television 
relay station (CARS) licensees maintain a copy of part 76 of the 
Commission's rules and, in cases where aeronautical obstruction 
markings of antennas are required, part 17 of such rules. The Order 
finds that eliminating these recordkeeping requirements will remove an 
outdated and unnecessary regulatory burden that may impede competition 
and innovation in media markets.
    11. Summary of Significant Issues Raised by Public Comments in 
Response to the IRFA. No comments were filed in response to the IRFA.
    12. Response to Comments by the Chief Counsel for Advocacy of the 
Small Business Administration. Pursuant to the Small Business Jobs Act 
of 2010, which amended the RFA, the Commission is required to respond 
to any comments filed by the Chief Counsel for Advocacy of the Small 
Business Administration (SBA), and to provide a detailed statement of 
any change made to the proposed rules as a result of those comments.\1\ 
The Chief Counsel did not file any comments in response to the proposed 
rules in this proceeding.
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    \1\ 5 U.S.C. 604(a)(3).
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    13. Description and Estimate of the Number of Small Entities to 
Which the Rules Will Apply. 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 rules adopted in the

[[Page 13681]]

Order.\2\ The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' \3\ In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\4\ 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.\5\ 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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    \2\ 5 U.S.C. 603(b)(3).
    \3\ 5 U.S.C. 601(6).
    \4\ 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).
    \5\ 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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    14. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound.'' These establishments operate television 
broadcast studios and facilities for the programming and transmission 
of programs to the public. These establishments also produce or 
transmit visual programming to affiliated broadcast television 
stations, which in turn broadcast the programs to the public on a 
predetermined schedule. Programming may originate in their own studio, 
from an affiliated network, or from external sources. The SBA has 
created the following small business size standard for such businesses: 
Those having $38.5 million or less in annual receipts. The 2012 
Economic Census reports that 751 firms in this category operated in 
that year. Of that number, 656 had annual receipts of $25,000,000 or 
less, 25 had annual receipts between $25,000,000 and $49,999,999, and 
70 had annual receipts of $50,000,000 or more. Based on this data, we 
estimate that the majority of commercial television broadcasters are 
small entities under the applicable SBA size standard.
    15. In addition, the Commission has estimated the number of 
licensed commercial television stations to be 1,384. Of this total, 
1,264 stations had revenues of $38.5 million or less, according to 
Commission staff review of the BIA Kelsey Inc. Media Access Pro 
Television Database (BIA) on February 24, 2017. Such entities, 
therefore, qualify as small entities under the SBA definition. The 
Commission has estimated the number of licensed noncommercial 
educational (NCE) television stations to be 394. The Commission, 
however, does not compile and does not have access to information on 
the revenue of NCE stations that would permit it to determine how many 
such stations would qualify as small entities.
    16. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations \6\ 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, 
another element of the definition of ``small business'' requires that 
an 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 broadcast station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which the proposed rules would apply does not exclude any television 
station from the definition of a small business on this basis and 
therefore could be over-inclusive.
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    \6\ ``[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 the power to control both.''
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    17. There are also 1,968 LPTV stations, 417 Class A stations, and 
3,776 TV translator stations. Given the nature of these services, we 
will presume that all of these entities qualify as small entities under 
the above SBA small business size standard.
    18. Radio Stations. This economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' The SBA has created the following small business 
size standard for this category: those having $38.5 million or less in 
annual receipts. Census data for 2012 shows that 2,849 firms in this 
category operated in that year. Of this number, 2,806 firms had annual 
receipts of less than $25,000,000, and 43 firms had annual receipts of 
$25,000,000 or more. Because the Census has no additional 
classifications that could serve as a basis for determining the number 
of stations whose receipts exceeded $38.5 million in that year, we 
conclude that the majority of television broadcast stations were small 
under the applicable SBA size standard.
    19. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM radio stations to be 4,486 stations 
\7\ and the number of commercial FM radio stations to be 6,755, for a 
total number of 11,241. Of this total, 9,898 stations had revenues of 
$38.5 million or less, according to Commission staff review of the BIA 
Kelsey Inc. Media Access Pro Television Database (BIA) in October 2014. 
In addition, the Commission has estimated the number of noncommercial 
educational FM radio stations to be 4,111. NCE stations are non-profit, 
and therefore considered to be small entities. Therefore, we estimate 
that the majority of radio broadcast stations are small entities.
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    \7\ This number is derived from subtracting the total number of 
noncommercial educational stations (204) from the total number of 
licensed AM stations (4690).
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    20. Low Power FM Stations. The same SBA definition that applies to 
radio stations would apply to low power FM stations. As noted above, 
the SBA has created the following small business size standard for this 
category: Those having $38.5 million or less in annual receipts. The 
Commission has estimated the number of licensed low power FM stations 
to be 1,966. In addition, as of June 30, 2017, there were a total of 
7,453 FM translator and FM booster stations. Given the nature of these 
services, we will presume that these licensees qualify as small 
entities under the SBA definition.
    21. We note again, however, that in assessing whether a business 
concern qualifies as ``small'' under the above definition, business 
(control) affiliations \8\ must be included. Because we do not include 
or aggregate revenues from affiliated companies in determining whether 
an entity meets the applicable revenue threshold, our estimate of the 
number of small radio broadcast stations affected is likely overstated. 
In addition, as noted above, one element of the definition of ``small 
business'' is that an 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 radio broadcast station is dominant 
in its field of operation. Accordingly, our estimate

[[Page 13682]]

of small radio stations potentially affected by the proposed rules 
includes those that could be dominant in their field of operation. For 
this reason, such estimate likely is over-inclusive.
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    \8\ ``[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 the power to control both.''
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    22. Cable Companies and Systems (Rate Regulation). The Commission 
has 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.\9\ In 
addition, under the Commission's rate regulation rules, a ``small 
system'' is a cable system serving 15,000 or fewer subscribers.\10\ 
Industry data indicate that there are currently 4,300 active cable 
systems in the United States.\11\ Of this total, 3,550 cable systems 
have fewer than 15,000 subscribers, and 750 systems have 15,000 or more 
subscribers.\12\ Thus, we estimate that most cable systems are small 
entities.
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    \9\ 47 CFR 76.901(e).
    \10\ 47 CFR 76.901(c).
    \11\ August 24, 2017 Report from the Media Bureau based on data 
contained in the Commission's Cable Operations and Licensing System 
(COALS).
    \12\ Id.
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    23. 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 million.'' \13\ There are approximately 
52,107,104 cable video subscribers in the United States today. 
Accordingly, an operator serving fewer than 521,071 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. Based on available data, we find that all but 
six incumbent cable operators are small entities under this size 
standard. We note that the Commission neither requests nor collects 
information on whether cable system operators are affiliated with 
entities whose gross annual revenues exceed $250 million.\14\ Although 
it seems certain that some of these cable system operators are 
affiliated with entities whose gross annual revenues exceed $250 
million, 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.
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    \13\ 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & nn.1-3.
    \14\ The Commission receives 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.
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    24. We also note that there currently are 182 cable antenna relay 
service (CARS) licensees.\15\ The Commission, however, neither requests 
nor collects information on whether CARS licensees are affiliated with 
entities whose gross annual revenues exceed $250 million. Although some 
CARS licensees may be affiliated with entities whose gross annual 
revenues exceed $250 million, we are unable at this time to estimate 
with greater precision the number of CARS licensees that would qualify 
as small cable operators under the definition in the Communications 
Act.
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    \15\ August 24, 2017 report from Media Bureau staff based on 
data contained in the Commission's Cable Operations and Licensing 
System (COALS).
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    25. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. The Report and Order eliminates rules that 
require certain broadcast and cable entities to maintain paper copies 
of sections of the Commission's regulations. Accordingly, the Report 
and Order does not impose any new reporting, recordkeeping, or other 
compliance requirements.
    26. Because no commenter provided information specifically 
quantifying the costs and administrative burdens of complying with the 
existing recordkeeping requirements, we cannot precisely estimate the 
impact on small entities of eliminating them. The rule revisions 
adopted in the Order will afford all affected Commission regulatees, 
including small entities, greater flexibility in the manner by which 
they access and stay familiar with Commission rules governing their 
services. Additionally, as NAB notes, removing this obligation will 
also help small entities in particular to cut unnecessary costs related 
to maintaining updated paper copies of Commission rules.\16\ No party 
in the proceeding has opposed the proposals set forth in the NPRM. We 
thus find it reasonable to conclude that the benefits of eliminating 
the rules at issue outweigh any costs.
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    \16\ NAB Comments at 2.
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    27. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. The RFA requires an 
agency to describe any significant, specifically small business, 
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 and reporting requirements under the rule for such small 
entities; (3) the use of performance, rather than design, standards; 
and (4) an exemption from coverage of the rule, or any part thereof, 
for small entities.\17\
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    \17\ 5 U.S.C. 603(c)(1)-(c)(4).
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    28. The Report and Order eliminates the obligation, imposed on 
certain broadcasters and cable regulatees, to maintain paper copies of 
Commission rules. Eliminating these requirements is intended to 
modernize the Commission's regulations and reduce costs and 
recordkeeping burdens for affected entities, include small entities. 
Under the revised rules, affected entities no longer will need to 
expend time and resources maintaining and updating hard copies of 
Commission rules, but rather, will be able to stay familiar with 
Commission rules by accessing those rules online. As noted, no party 
has opposed the rule revisions we adopt in the Order. Thus, we 
anticipate that affected small entities will benefit from such 
revisions.
    29. Report to Congress. The Commission will send a copy of the 
Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act.\18\ In addition, the 
Commission will send a copy of the Report and Order, including this 
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the 
Report and Order and FRFA (or summaries thereof) will also be published 
in the Federal Register.
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    \18\ See 5 U.S.C. 801(a)(1)(A).
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    30. It is ordered that, pursuant to the authority found in sections 
1, 4(i), and 4(j) of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), and 154(j), this Report and Order is hereby 
adopted.
    31. It is further ordered that, pursuant to the authority found in 
sections 1, 4(i), and 4(j) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), and 154(j), the Commission's rules are 
amended as set forth in Rules Appendix A of the Report and Order, 
effective as of the date of publication of a summary in the Federal 
Register.\19\
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    \19\ These rules serve to ``reliev[e] a restriction.'' 5 U.S.C. 
553(d)(1).
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    32. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to

[[Page 13683]]

the Chief Counsel for Advocacy of the Small Business Administration.
    33. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).
    34. It is further ordered that, should no petitions for 
reconsideration or petitions for judicial review be timely filed, MB 
Docket No. 17-231 shall be terminated and its docket closed.

List of Subjects

47 CFR Part 74

    Education, Radio, Reporting and recordkeeping requirements, 
Television.

47 CFR Part 76

    Administrative practice and procedure, Cable television, Reporting 
and recordkeeping requirements.

47 CFR Part 78

    Cable television, Radio, Reporting and recordkeeping requirements, 
Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 74, 76 and 78 as follows:

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
1. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and 
554.


0
2. Revise Sec.  74.769 to read as follows:


Sec.  74.769   Familiarity with FCC rules.

    Each licensee or permittee of a station authorized under this 
subpart shall be familiar with those rules relating to stations 
authorized under this subpart. Copies of the Commission's rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

0
3. Amend Sec.  74.787 by revising paragraph (a)(5)(viii) to read as 
follows:


Sec.  74.787   Digital licensing.

    (a) * * *
    (5) * * *
    (viii) The following sections are applicable to analog-to-digital 
and digital-to-digital replacement television translator stations:
Applicable Rule Sections
Sec.  73.1030 Notifications concerning interference to radio astronomy, 
research and receiving installations.
Sec.  74.703 Interference.
Sec.  74.709 Land mobile station protection.
Sec.  74.734 Attended and unattended operation.
Sec.  74.735 Power Limitations.
Sec.  74.751 Modification of transmission systems.
Sec.  74.763 Time of Operation.
Sec.  74.765 Posting of station and operator licenses.
Sec.  74.769 Familiarity with FCC rules.
Sec.  74.780 Broadcast regulations applicable to translators, low 
power, and booster stations (except Sec.  73.653--Operation of TV aural 
and visual transmitters and Sec.  73.1201--Station identification).
Sec.  74.781 Station records.
Sec.  74.784 Rebroadcasts.
* * * * *

0
4. Revise Sec.  74.789 to read as follows:


Sec.  74.789   Broadcast regulations applicable to digital low power 
television and television translator stations.

    The following sections are applicable to digital low power 
television and television translator stations:

Sec.  73.1030 Notifications concerning interference to radio astronomy, 
research and receiving installations.
Sec.  74.600 Eligibility for license.
Sec.  74.703 Interference.
Sec.  74.709 Land mobile station protection.
Sec.  74.732 Eligibility and licensing requirements.
Sec.  74.734 Attended and unattended operation.
Sec.  74.735 Power limitations.
Sec.  74.751 Modification of transmission systems.
Sec.  74.763 Time of operation.
Sec.  74.765 Posting of station and operator licenses.
Sec.  74.769 Familiarity with FCC rules.
Sec.  74.780 Broadcast regulations applicable to translators, low 
power, and booster stations (except Sec.  73.653--Operation of TV aural 
and visual transmitters and Sec.  73.1201--Station identification).
Sec.  74.781 Station records.
Sec.  74.784 Rebroadcasts.

0
5. Revise Sec.  74.1269 to read as follows:


Sec.  74.1269   Familiarity with FCC rules.

    Each licensee or permittee of a station authorized under this 
subpart shall be familiar with those rules relating to stations 
authorized under this subpart. Copies of the Commission's Rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
6. 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, 338, 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 and 573.


0
7. Amend Sec.  76.1700 by revising paragraph (d) to read as follows:


Sec.  76.1700   Records to be maintained by cable system operators.

* * * * *
    (d) Exceptions to the public inspection file requirements. The 
operator of every cable television system having fewer than 1,000 
subscribers is exempt from the online public file and from the public 
record requirements contained in Sec.  76.1701 (political file); Sec.  
76.1702 (EEO records available for public inspection); Sec.  76.1703 
(commercial records for children's programming); Sec.  76.1704 (proof-
of-performance test data); Sec.  76.1706 (signal leakage logs and 
repair records); Sec.  76.1714 (Familiarity with FCC rules); and Sec.  
76.1715 (sponsorship identification).
* * * * *

0
8. Amend Sec.  76.1714 by revising the section heading and paragraphs 
(a) and (c) to read as follows:


Sec.  76.1714   Familiarity with FCC rules.

    (a) The operator of a cable television system is expected to be 
familiar with the rules governing cable television systems and, if 
subject to the Emergency Alert System (EAS) rules contained in part 11 
of this chapter, the EAS rules. Copies of the Commission's rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, at nominal cost, or accessed online at 
https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. Copies of the EAS Operating 
Handbook may be accessed online at https://www.fcc.gov/general/eas-test-reporting-system.
* * * * *
    (c) Both the licensee of a cable television relay station (CARS) 
and the

[[Page 13684]]

operator or operators responsible for the proper operation of the 
station are expected to be familiar with the rules governing cable 
television relay stations. Copies of the Commission's rules may be 
obtained from the Superintendent of Documents, Government Publishing 
Office, Washington, DC 20401, at nominal cost, or accessed online at 
https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

PART 78--CABLE TELEVISION RELAY SERVICE

0
9. The authority citation for part 78 continues to read as follows:

    Authority:  Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.


0
10. Revise Sec.  78.67 to read as follows:


Sec.  78.67   Familiarity with FCC rules.

    Both the licensee of a cable television relay station (CARS) and 
the operator or operators responsible for the proper operation of the 
station are expected to be familiar with the rules governing CARS 
stations. Copies of the Commission's rules may be obtained from the 
Superintendent of Documents, Government Publishing Office, Washington, 
DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov 
or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

[FR Doc. 2018-06029 Filed 3-29-18; 8:45 am]
BILLING CODE 6712-01-P