Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of:                | * | MB Docket No. 05-181         |
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| Implementation of Section 210 of | ) |                              |
| the Satellite Home Viewer        | * |                              |
| Extension and Reauthorization    | * |                              |
| Act of 2004 to Amend Section 338 |   |                              |
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NOTICE OF PROPOSED RULE MAKING

**Adopted: April 29, 2005** **Released: May 2, 2005**

**Comment Date: June 6, 2005**

**Reply Comment Date: June 20, 2005**

By the Commission:

# INTRODUCTION

1.  In this Notice of Proposed Rulemaking ("NPRM" or "Notice"), we
    propose rules to implement Section 210 of the Satellite Home Viewer
    Extension and Reauthorization Act of 2004 ("SHVERA").[^1] Section
    210 of the SHVERA amends Section 338(a) of the Communications Act of
    1934, as amended, ("Communications Act" or "Act"). Section 338
    governs the carriage of local television broadcast stations by
    satellite carriers.[^2] In general, the SHVERA amends this section
    to require satellite carriers to carry both the analog and digital
    signals of television broadcast stations in local markets in
    noncontiguous states, including Alaska and Hawaii, and to provide
    these signals to substantially all of their subscribers in each
    station's local market by December 8, 2005 for analog signals and by
    June 8, 2007 for digital signals.[^3]

# BACKGROUND

## Satellite Home Viewer Act (SHVA) and Satellite Home Viewer Improvement Act of 1999 (SHVIA)

2.  In 1988, Congress passed the Satellite Home Viewer Act ("SHVA"),[^4]
    which established a statutory copyright license for satellite
    carriers to offer subscribers access to broadcast programming via
    satellite when they are unable to receive the signal of a broadcast
    station over the air (that is, an "unserved" household). In 1999,
    Congress enacted the Satellite Home Viewer Improvement Act
    ("SHVIA"),[^5] which expanded on the 1988 SHVA by amending both the
    1988 copyright laws,[^6] and the Communications Act[^7] to permit
    satellite carriers to retransmit local broadcast television signals
    directly to subscribers in the station's local market
    ("local-into-local" service) without requiring that they be in
    "unserved" households.

3.  A satellite carrier provides "local-into-local" service when it
    retransmits a local television station's signal back into the local
    market of the television station for reception by subscribers. If a
    carrier carries one or more stations in the market pursuant to the
    statutory copyright license, it is required to carry all of the
    other local stations in the local market, upon the station's request
    (that is, the "carry-one, carry-all" requirement).[^8] Generally, a
    television station's "local market" is the designated market area
    ("DMA") in which it is located.[^9] DMAs describe each television
    market in terms of a unique geographic area, and are established by
    Nielsen Media Research based on measured viewing patterns.[^10]
    There are 210 DMAs that encompass all counties in the 50 United
    States, except for certain areas in Alaska.[^11] Alaska has three
    DMAs situated around major population centers, but most of the
    State, which is sparsely populated, is not included in DMAs.[^12] A
    satellite carrier choosing to provide such local-into-local service
    is generally obligated to carry any qualified local station in a
    particular DMA that has made a timely election for mandatory
    carriage, unless the station's programming is duplicative of the
    programming of another station carried by the carrier in the DMA, or
    the station does not provide a good quality signal to the carrier's
    local receive facility.[^13]

## Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA)

4.  In December 2004, Congress passed and the President signed the
    Satellite Home Viewer Extension and Reauthorization Act of
    2004.[^14] SHVERA again amends the 1988 copyright laws[^15] and the
    Communications Act[^16] to further aid the competitiveness of
    satellite carriers and expand program offerings for satellite
    subscribers. This rulemaking is required to implement provisions in
    Section 210 of the SHVERA concerning satellite carriage of local
    stations in the noncontiguous states, including Alaska and
    Hawaii.[^17]

# DISCUSSION

5.  Section 210 of the SHVERA amends Section 338(a) of the
    Communications Act to require satellite carriers with more than five
    million subscribers in the United States to carry the analog and
    digital signals of each television broadcast station licensed in
    local markets "within a State that is not part of the contiguous
    United States." Analog signals are required to be carried by
    December 8, 2005, and digital signals by June 8, 2007. A carrier is
    required to provide these signals to substantially all of its
    subscribers in each station's local market. In addition, a satellite
    carrier is required to make available the stations that it carries
    in at least one local market to substantially all of its subscribers
    located outside of local markets and in the same State. The SHVERA
    also mandates that satellite carriers may not charge subscribers for
    these local signals more than they charge subscribers in other
    States to receive local market television stations. Although most of
    the requirements imposed by the new Section 338(a)(4) are
    self-effectuating, the SHVERA requires the Commission to promulgate
    regulations concerning the timing of carriage elections by stations
    in local markets in the noncontiguous states.[^18] As required by
    the SHVERA, we open this rulemaking proceeding and seek comments on
    implementation of the SHVERA's amendments to Section 338(a) of the
    Act, on rule proposals in this Notice, and tentative conclusions
    regarding these rules. The proposed rules are in the Appendix to
    this Notice. These amendments apply only to satellite service in the
    noncontiguous states. The existing signal carriage provisions in
    Section 76.66 also continue to apply to satellite service in the
    noncontiguous states, where relevant and not inconsistent with the
    rules proposed in this proceeding.[^19]

## Satellite Carriers with More Than 5,000,000 Subscribers

6.  The SHVERA adds subsection 338(a)(4) to the Act, which applies to a
    "satellite carrier that offers multichannel video programming
    distribution service in the United States to more than 5,000,000
    subscribers."[^20] We include this limitation in the proposed new
    section 76.66(b)(2).[^21] This provision applies to satellite
    carriers that have more than five million subscribers in 2005 and,
    in the future, to any carriers with more than five million
    subscribers. Currently, DirecTV and EchoStar qualify under this
    definition.[^22] We seek comments regarding the proposed rule.

## Noncontiguous States

7.  Section 210 of SHVERA applies to "a State that is not part of the
    contiguous United States."[^23] In the Communications Act, the
    definition of "State" includes "the Territories and
    possessions."[^24] We seek comment on whether "State" as used in the
    SHVERA includes the noncontiguous territories and possessions of the
    United States, including but not limited to Puerto Rico and Guam and
    whether considerations such as a satellite provider's regulatory
    authorizations and/or actual service area are relevant to
    interpreting the obligation under Section 338(a)(4) to serve
    "noncontiguous states." We note that territories in the Pacific,
    such as Guam, are in a different International Telecommunication
    Union ("ITU") region.[^25] We seek comment on the impact of
    regulatory differences (*e.g.*, use of different frequency bands)
    between ITU regions in providing service to these locations. Spot
    beam technology may allow coverage of widely spaced areas if visible
    from the satellite location.[^26] Previously the Commission
    recognized that contiguous United States ("CONUS") antenna beams
    modified to include Puerto Rico and the U.S. Virgin Islands could
    divert power from other regions and potentially adversely affect the
    services of other countries.[^27] We seek comment on satellite
    carriers' current capability to serve these areas using current or
    planned technology.

## Analog and Digital Signals

8.  The SHVERA requirements for satellite carriage to the noncontiguous
    states differ significantly from the existing satellite broadcast
    carriage requirements, both in scope and timing. Currently, under
    the Communications Act and Commission rules implementing the Act,
    satellite carriers choose whether to rely on the statutory copyright
    license in Section 122 of title 17 to offer "local-into-local
    service," which in turn triggers the carry-one, carry-all
    obligation.[^28] Satellite carriers are not currently required to
    offer local-into-local service in all markets. The question of
    satellite carriage obligations concerning a station's digital signal
    is currently pending before the Commission.[^29]

9.  The new SHVERA provision for noncontiguous states supersedes
    carry-one, carry-all and the pending digital carriage rulemaking
    proceeding by mandating dual analog and digital carriage in the
    noncontiguous states. A satellite carrier with more than five
    million subscribers is required by the SHVERA to retransmit the
    analog signals of each television station in local markets in the
    noncontiguous states to subscribers in those local markets by
    December 8, 2005 (one year after enactment of the SHVERA). The
    SHVERA expands this requirement to include the digital signals of
    each station no later than June 8, 2007 (30 months after enactment
    of SHVERA). If any or all of the local stations in the noncontiguous
    states are still broadcasting analog signals as well as digital
    signals, as of June 8, 2007, the SHVERA requirement mandates dual
    must carry.[^30] Section 210 of the SHVERA, which adds the carriage
    obligations for stations in noncontiguous states (Section
    338(a)(4)), requires carriage of "signals originating as analog
    signals" and "signals originating as digital signals" with no
    mention of a term such as "primary video," the term used in the
    cable mandatory carriage provisions.[^31] Moreover, we note that
    Section 210 uses the plural term "signals," requiring satellite
    carriers to retransmit the *signals* originating as digital signals
    *of each such station*.[^32] In sum, this SHVERA amendment to
    section 338 does not contain any limitation on the nature of the
    broadcast signal that satellite operators must carry in the
    non-contiguous states. We believe, therefore, that the amendment
    requires that satellite carriers carry all multicast signals of each
    station in noncontiguous states and carry the high definition
    digital signals of stations in noncontiguous states in high
    definition format.[^33] We seek comment on these interpretations,
    and any alternative construction of the SHVERA as the statute
    relates to the carriage of multicast and/or high definition signals.

## Carriage Election by Stations 

10. Section 210 of the SHVERA expressly requires only that the
    Commission promulgate regulations concerning the timing of the
    carriage elections related to the new carriage provisions in the
    noncontiguous states.[^34] In this proceeding we propose regulations
    to implement the timing required by the carriage requirements in the
    noncontiguous states, and we will otherwise apply the rules
    pertaining to satellite carriage as they were adopted to implement
    Section 338 pursuant to the SHVIA.[^35] Therefore, carriage is
    mandated in the noncontiguous states for the above dates in 2005 and
    2007 when requested by a television station.[^36] The carriage
    procedures for stations in the noncontiguous states shall follow the
    existing requirements, except with respect to the carriage election
    process, as proposed here.[^37] We invite comment on these
    interpretations and proposals.

11. The analog signal carriage requirement mandated by the SHVERA for
    satellite carriers serving noncontiguous states commences several
    weeks before the carriage cycle that applies to satellite carriers
    and broadcast stations in the contiguous states, which commences
    January 1, 2006, and continues until December 31, 2008.[^38] The
    carriage election process enables stations to choose between
    carriage pursuant to retransmission consent or mandatory carriage.
    Retransmission consent is based on an agreement between a broadcast
    station and satellite carrier, and includes a station's
    authorization and terms for allowing its broadcast signal to be
    carried.[^39] If a station elects must-carry status, it is, in
    general, entitled to insist without other terms that the satellite
    carrier carry its signal in its local market.[^40]

12. To implement the carriage election timing requirements in Section
    210 of the SHVERA, we propose to track the existing regulations as
    closely as possible so that carriage elections in the noncontiguous
    states will be synchronized with carriage elections in the
    contiguous states quickly and smoothly. This synchronization is
    intended to make the process simple and certain for both the local
    stations and the satellite carriers. The first satellite carriage
    cycle (pursuant to the SHVIA) will end on December 31, 2005. The
    carriage election deadline for the second cycle is October 1, 2005,
    for carriage beginning January 1, 2006.[^41] Because the analog
    carriage requirement in the noncontiguous states is effective only
    24 days earlier, December 8, 2005, we propose to keep the same
    election deadline of October 1, 2005. Thus, television broadcast
    stations in a local market in the noncontiguous states would be
    required to make a retransmission consent-mandatory carriage (must
    carry) election by October 1, 2005, which is the same deadline as
    for local stations in local-into-local markets in the contiguous
    states.[^42] Carriage pursuant to a mandatory carriage election in
    the contiguous states will begin on January 1, 2006,[^43] and
    carriage under our proposed rules for noncontiguous states would
    begin by December 8, 2005.

13. With respect to carriage of the digital signals of stations in a
    noncontiguous state, we propose that the retransmission consent-must
    carry election by a television station in a local market in the
    noncontiguous states should be a two-step process with one election
    that applies to the analog signal carriage, which commences December
    8, 2005, and a second carriage election that would govern carriage
    of the digital signal.[^44] Carriage of signals originating as
    digital must commence by June, 8, 2007, but may begin pursuant to
    retransmission consent at any time. The deadline for the second
    carriage election, for digital carriage, would be April 1, 2007, two
    months before carriage must commence. Alternatively, the station's
    election by October 1, 2005, for its analog signal, could also apply
    to its digital signal, for which mandatory carriage will commence by
    June 8, 2007. We seek comment on our proposed two-step approach and
    on the alternative of a single election.[^45] We believe that,
    regardless of whether the carriage election is two-step or one-step,
    stations in the noncontiguous states should be permitted to elect
    must carry for their analog signals and negotiate for carriage of
    the digital signals via retransmission consent before the mandatory
    digital signal carriage takes effect. That is, until the digital
    carriage rights for local stations in the noncontiguous states take
    effect as of June 8, 2007, stations should be permitted to
    separately negotiate for voluntary carriage of their digital signals
    even if they elect mandatory carriage for their analog signals.[^46]
    We seek comment on these proposals.

14. After the initial carriage cycle in the noncontiguous states, the
    election cycle provided in Section 76.66(c) will apply in the
    future.[^47] For example, the next election after the upcoming 2005
    election is required by October 1, 2008, for carriage beginning
    January 1, 2009.[^48] The election made by a station in 2008 would
    apply uniformly to both its analog and digital signals, if both
    signals are continuing to be broadcast.

15. A new television station in a noncontiguous state will have a right
    to mandatory carriage for its analog signal if it begins service
    after December 8, 2005, and for its digital signal if it begins
    service after June 8, 2007. New stations should follow Section
    76.66(d)(3) of the Commission's rules to notify the satellite
    carrier and elect carriage. [^49] We seek comments on our proposed
    rules governing the carriage election process.

## Availability of Signals

16. The SHVERA provides that in the noncontiguous states, satellite
    retransmissions of local stations "shall be made available to
    substantially all of the satellite carrier's subscribers in each
    station's local market."[^50] The SHVERA does not define what is
    meant by "substantially all" subscribers. This wording is consistent
    with the physical limitations of some satellite technology that may
    not be able to reach all parts of a state or a DMA, particularly
    where a spot beam is used to provide local stations. We believe that
    this provision recognizes the existing physical limitations on
    satellite service particularly in these noncontiguous states. With
    respect to DBS service to Alaska, for example, the Commission has
    stated that although reliable service usually requires a minimum
    elevation angle of ten degrees or more, service to Alaska is often
    offered at elevation angles as low as five degrees.[^51] In
    addition, the Commission determined that in some areas of Alaska,
    from some orbit locations, the elevation angle was less than five
    degrees, or even below the horizon, thereby making service to those
    areas impossible.[^52] We note, however, that satellite carriers
    must abide by the geographic service rules that require service
    where technically feasible.[^53] We welcome comment on the meaning
    of "substantially all of the carrier's subscribers in each station's
    market."

17. We do not believe it is necessary to adopt new rules to implement
    this provision. This provision is similar to the Commission
    interpretation adopted in the implementation of the SHVIA, that
    satellite carriers that offer local-into-local service are not
    required to provide service to every subscriber in a DMA.[^54] We
    seek comment on whether it is necessary to adopt a rule on this
    point, and, if so, what it should provide.

## Areas Outside Local Markets

18. The SHVERA also addresses the anomalous situation in Alaska, the
    only one of the fifty states that has areas that are not included
    within any DMA.[^55] The statute requires a satellite carrier in
    Alaska to make available the signals of all the local television
    stations that it carries in at least one local market to
    substantially all of its subscribers in areas outside of local
    markets who are in the same State.[^56] In Alaska, there are three
    DMAs covering the main population centers, but most of the State,
    which is sparsely populated, is not included in a DMA.[^57] Thus, a
    satellite carrier in Alaska would be required to provide the
    television stations that it carries in at least one of the three
    DMAs, in which carriage of local stations is required by Section 210
    of the SHVERA, to areas of the State not included in DMAs. We
    believe that the statute speaks for itself and that no special rule
    is required to implement this statutory requirement. We seek comment
    on this conclusion.

## Notification by Satellite Carrier

19. Section 210 of the SHVERA does not expressly require revisions to
    the existing notification procedures in connection with the new
    carriage requirements in the noncontiguous states. However, to
    ensure that the purpose of Section 210 is achieved, we seek comment
    on whether to require satellite carriers with more than 5 million
    subscribers to notify all television broadcast stations located in
    local markets in the noncontiguous states that they are entitled to
    carriage of their analog signals as of December 8, 2005, and of
    their digital signals as of June 8, 2007, and that they must elect
    mandatory carriage or retransmission consent by October 1, 2005 and
    April 1, 2007, respectively, to be assured of carriage, as provided
    in Sections 76.66(b)(2) and (c)(6). If required, this notification
    to the stations should include a statement advising them of the
    opportunity to have their analog and digital signals made available
    by the carrier to the carrier's subscribers in the local market of
    each station. If adopted, this notification would be required by
    September 1, 2005, with respect to analog signal carriage election,
    and by March 1, 2007, with respect to the carriage election for
    digital signals.[^58] A new satellite carrier that meets this
    definition after 2005 would be required to comply with Section
    76.66(d)(2) of the Commission's rules regarding "new
    local-into-local service" (imposes requirements when a new satellite
    carrier intends to retransmit a local television station back into
    its local market).[^59] We seek comment on the need for this
    notification. We also request comment on whether such notice should
    be required only for stations in Alaska and Hawaii or also for
    television broadcast stations in all noncontiguous territories and
    possessions. We also seek comment on the need for a second
    notification 30 days prior to the second carriage election deadline,
    which is proposed for April 1, 2007 for carriage of digital signals.
    If, alternatively, the October 1, 2005 carriage election applies to
    both the analog and digital signals of local stations in the
    noncontiguous states, we propose that a second notification would
    not be required prior to the commencement of carriage of digital
    signals in June of 2007. We seek comment on these proposals.

# Procedural matters

## Initial Regulatory Flexibility Certification

20. The Regulatory Flexibility Act of 1980, as amended (RFA),[^60]
    requires that an initial regulatory flexibility analysis be prepared
    for notice-and-comment rule making proceedings, unless the agency
    certifies that "the rule will not, if promulgated, have a
    significant economic impact on a substantial number of small
    entities."[^61] The RFA generally defines the term "small entity" as
    having the same meaning as the terms "small business," "small
    organization," and "small governmental jurisdiction."[^62] In
    addition, the term "small business" has the same meaning as the term
    "small business concern" under the Small Business Act.[^63] A "small
    business concern" is one which: (1) is independently owned and
    operated; (2) is not dominant in its field of operation; and (3)
    satisfies any additional criteria established by the Small Business
    Administration (SBA).[^64]

21. As described in this Notice, we propose to amend Section 76.66 of
    the Commission's rules as required by Section 210 of the SHVERA. We
    expect these rule amendments, if adopted, will not have a
    significant economic impact on a substantial number of small
    entities. The proposed rules contained in this *Notice*, as required
    by statute, are intended to allow for local television stations to
    elect carriage pursuant to retransmission consent or mandatory
    carriage with respect to satellite carriers with more than 5 million
    subscribers in a non-contiguous state. "Satellite carriers,"
    including Direct Broadcast Satellite (DBS) carriers, will be
    directly and primarily affected by the proposed rules, if adopted.

22. The satellite carriers covered by these proposed rules fall within
    the SBA-recognized small business size standard of Cable and Other
    Program Distribution.[^65] This size standard provides that a small
    entity is one with \$12.5 million or less in annual receipts.[^66]
    The two satellite carriers that are subject to these proposed rule
    amendments because they currently have more than five million
    subscribers, DirecTV[^67] and EchoStar,[^68] report annual revenues
    that are in excess of the threshold for a small business. We
    anticipate that any satellite carrier that, in the future, has more
    than five million subscribers would necessarily have more than
    \$12.5 million in annual receipts. Thus, the entities directly
    affected by the proposed rules are not small entities.

23. We also note that, in addition to satellite carriers, television
    broadcast stations are indirectly affected by the proposed rule in
    that they potentially benefit from the satellite carriage required
    by the rule and must elect between mandatory carriage and
    retransmission consent. This carriage election, however, follows the
    existing Commission rules. These existing rules currently permit
    stations in the noncontiguous states to elect carriage if and when a
    satellite carrier offers local-into-local service in their market.
    The proposed rules would affect these election rights by merely
    providing a date certain for carriage in these specified markets,
    which would not have a significant economic impact.

24. Therefore, we certify that the proposed rules, if adopted, will not
    have a significant economic impact on a substantial number of small
    entities. The Commission will send a copy of this Notice of Proposed
    Rulemaking, including a copy of this Initial Regulatory Flexibility
    Certification, to the Chief Counsel for Advocacy of the SBA.[^69]
    This initial certification will also be published in the Federal
    Register.[^70]

## Initial Paperwork Reduction Act of 1995 Analysis

25. This Notice has been analyzed with respect to the Paperwork
    Reduction Act of 1995 ("PRA"),[^71] and contains proposed
    information collection requirements. The Commission, as part of its
    continuing effort to reduce paperwork burdens, invites the general
    public and the Office of Management and Budget (OMB) to comment on
    the proposed information collection requirements contained in this
    Notice, as required by the PRA.

26. Written comments on the PRA proposed information collection
    requirements must be submitted by the public, the Office of
    Management and Budget (OMB), and other interested parties on or
    before 60 days after the date of publication of the Notice in the
    Federal Register. Comments should address: (a) whether the proposed
    collection of information is necessary for the proper performance of
    the functions of the Commission, including whether the information
    shall have practical utility; (b) the accuracy of the Commission's
    burden estimates; (c) ways to enhance the quality, utility, and
    clarity of the information collected; and (d) ways to minimize the
    burden of the collection of information on the respondents,
    including the use of automated collection techniques or other forms
    of information technology. In addition, pursuant to the Small
    Business Paperwork Relief Act of 2002,[^72] we seek specific comment
    on how we might "further reduce the information collection burden
    for small business concerns with fewer than 25 employees."

27. In addition to filing comments with the Office of the Secretary, a
    copy of any comments on the proposed information collection
    requirements contained herein should be submitted to Cathy Williams,
    Federal Communications Commission, 445 12th St, S.W., Room 1-C823,
    Washington, D.C., 20554, or via the Internet to
    [Cathy.Williams@fcc.gov](mailto:Cindy.Williams@fcc.gov); and also to
    Kristy L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th
    Street, N.W., Washington, D.C. 20503, or via Internet to
    Kristy_L.\_LaLonde@omb.eop.gov, or via fax at 202-395-5167.

28. *Further Information.* For additional information concerning the PRA
    proposed information collection requirements contained in this
    Notice, contact Cathy Williams at 202-418-2918, or via the Internet
    to [Cathy.Williams@fcc.gov](mailto:Cindy.Williams@fcc.gov).

## Ex Parte Rules 

29. *Permit-But-Disclose.* This proceeding will be treated as a
    "permit-but-disclose" proceeding subject to the
    "permit-but-disclose" requirements under section 1.1206(b) of the
    Commission's rules.[^73] *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.
    More than a one- or two-sentence description of the views and
    arguments presented is generally required.[^74] Additional rules
    pertaining to oral and written presentations are set forth in
    section 1.1206(b).

## Filing Requirements

30. *Comments and Replies*. The SHVERA requires the Commission to
    complete action within one year of enactment (December 8, 2004) to
    take account of carriage elections in light of the schedule for
    carriage as required in the noncontiguous states.[^75]  The carriage
    election deadline is October 1, 2005 for the next carriage cycle. 
    If the Commission waited until December 8, 2005, to implement this
    provision, it would be too late for stations to elect between must
    carry and retransmission consent for the carriage to commence on
    December 8, 2005.  In addition, the Commission is proposing to
    require satellite carriers to provide notice to local stations in
    the noncontiguous states concerning the new carriage requirements
    one month prior to the carriage election deadline.  Thus, the
    proposed notification requirement, if adopted, must be in effect by
    September 1, 2005, 30 days prior to the carriage election deadline
    of October 1, 2005, with respect to carriage of the analog signals
    required to commence by December 8, 2005.  Consequently, the
    pleading cycle for comments and replies must be compressed and
    expedited. Pursuant to Sections 1.415 and 1.419 of the Commission's
    rules,[^76] interested parties may file comments on or before June
    6, 2005, and reply comments on or before June 20, 2005. Comments may
    be filed using: (1) the Commission's Electronic Comment Filing
    System ("ECFS"), (2) the Federal Government's eRulemaking Portal,
    or (3) by filing paper copies.[^77]

31. *Electronic Filers:* Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments. For ECFS filers, if multiple docket or
    rulemaking numbers appear in the caption of this proceeding, filers
    must transmit one electronic copy of the comments for each docket or
    rulemaking number referenced in the caption. In completing the
    transmittal screen, filers should include their full name, U.S.
    Postal Service mailing address, and the applicable docket or
    rulemaking number. Parties may also submit an electronic comment by
    Internet e-mail. To get filing instructions, filers should send an
    e-mail to <ecfs@fcc.gov>, and include the following words in the
    body of the message, "get form." A sample form and directions will
    be sent in response.

32. *Paper Filers:* Parties who choose to file by paper must file an
    original and four copies 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 (although we continue to
    experience delays in receiving U.S. Postal Service mail). All
    filings must be addressed to the Commission's Secretary, Office of
    the Secretary, Federal Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington DC 20554.

33. *Availability of Documents*. Comments, reply comments, and *ex
    parte* submissions will be available for public inspection during
    regular business hours in the FCC Reference Center, Federal
    Communications Commission, 445 12^th^ Street, S.W., CY-A257,
    Washington, D.C., 20554. These documents will also be available via
    ECFS. Documents will be available electronically in ASCII, Word 97,
    and/or Adobe Acrobat.

34. *Accessibility Information.* To request information in accessible
    formats (computer diskettes, large print, audio recording, and
    Braille), send an e-mail to <fcc504@fcc.gov> or call the FCC's
    Consumer and Governmental Affairs Bureau at (202) 418-0530
    (voice), (202) 418-0432 (TTY). This document can also be downloaded
    in Word and Portable Document Format (PDF) at:
    [http://www.fcc.gov](http://www.fcc.gov/).

35. *Additional Information*. For additional information on this
    proceeding, contact Eloise Gore, <Eloise.Gore@fcc.gov>, or Jim
    Keats, <Jim.Keats@fcc.gov>, of the Media Bureau, Policy
    Division, (202) 418-2120.

# ORDERING CLAUSEs 

36. Accordingly, IT IS ORDERED that pursuant to Section 210 of the
    Satellite Home Viewer Extension and Reauthorization Act of 2004, and
    Sections 1, 4(i) and (j), and 338(a)(4) of the Communications Act of
    1934, as amended, 47 U.S.C. §§ 151, 154(i) and (j), and 338(a)(4),
    NOTICE IS HEREBY GIVEN of the proposals and tentative conclusions
    described in this Notice of Proposed Rulemaking.

37. IT IS FURTHER ORDERED that the Consumer and Governmental Affairs
    Bureau, Reference Information Center, SHALL SEND a copy of this
    Notice of Proposed Rulemaking, including the Initial Regulatory
    Flexibility Certification, to the Chief Counsel for Advocacy of the
    Small Business Administration.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX**

    **Proposed Rules**

    Part 76 of title 47 of the Code of Federal Regulations is amended to
    read as follows:

    Revise Part 76, Subpart D, Section 76.66, to replace paragraph
    76.66(b)(2), amend paragraph (c)(4), add new paragraph (c)(6), and
    add new paragraph (d)(2)(iii) as follows:

    **Subpart D -- Carriage of Television Broadcast Signals**

    **§76.66 Satellite broadcast signal carriage**

    \*\*\*\*\*

\(b\) Signal carriage obligations.

\(1\) Each satellite carrier providing, under section 122 of title 17,
United States Code, secondary transmissions to subscribers located
within the local market of a television broadcast station of a primary
transmission made by that station, shall carry upon request the signals
of all television broadcast stations located within that local market,
subject to section 325(b) of title 47, United States Code, and other
paragraphs in this section.

**(2) A satellite carrier that offers multichannel video programming
distribution service in the United States to more than 5,000,000
subscribers shall, no later than December 8, 2005, carry upon request
the signal originating as an analog signal of each television broadcast
station that is located in a local market in a noncontiguous state; and
shall, no later than June 8, 2007, carry upon request the signals
originating as digital signals of each television broadcast station that
is located in a local market in a noncontiguous state.**

~~No satellite carrier shall be required to carry local television
broadcast stations, pursuant to this section, until January 1, 2002.~~

\*\*\*\*\*

\(c\) Election cycle. In television markets where a satellite carrier is
providing local-into-local service, a commercial television broadcast
station may elect either retransmission consent, pursuant to section 325
of title 47 United States Code, or mandatory carriage, pursuant to
section 338, title 47 United States Code.

\(1\) The first retransmission consent-mandatory carriage election cycle
shall be for a four-year period commencing on January 1, 2002 and ending
December 31, 2005.

\(2\) The second retransmission consent-mandatory carriage election
cycle, and all cycles thereafter, shall be for a period of three years
(e.g. the second election cycle commences on January 1, 2006 and ends at
midnight on December 31, 2008).

\(3\) A commercial television station must notify a satellite carrier,
by July 1, 2001, of its retransmission consent-mandatory carriage
election for the first election cycle commencing January 1, 2002.

\(4\) Except as provided in paragraphs **(c)(6),** (d)(2) and (d)(3) of
this section, local commercial television broadcast stations shall make
their retransmission consent-mandatory carriage election by October 1st
of the year preceding the new cycle for all election cycles after the
first election cycle.

\(5\) A noncommercial television station must request carriage by July
1, 2001 for the first election cycle and must renew its carriage request
at the same time a commercial television station must make its
retransmission consent-mandatory carriage election for all subsequent
cycles.

**(6) A commercial television broadcast station located in a local
market in a noncontiguous state shall make its retransmission
consent-mandatory carriage election by October 1, 2005, for carriage of
its signal that originates as an analog signal for carriage commencing
on December 8, 2005 and ending on December 31, 2008, and by April 1,
2007, for its signal that originates as a digital signal for carriage
commencing on June 8, 2007 and ending on December 31, 2008. For analog
and digital signal carriage cycles commencing after December 31, 2008,
such stations shall follow the election cycle in paragraphs (c)(2) and
(4). A noncommercial television broadcast station located in a local
market in Alaska or Hawaii must request carriage by October 1, 2005, for
carriage of its signal that originates as an analog signal for carriage
commencing on December 8, 2005 and ending on December 31, 2008, and for
its signal that originates as a digital signal for carriage commencing
on June 8, 2007 and ending on December 31, 2008.**

\*\*\*\*\*

(d)(2) \[**as previously amended by the SHVERA Procedural Rules
rulemaking\]** *[New local-into-local service]{.underline}*. (i) A new
satellite carrier or a satellite carrier providing local service in a
market for the first time after July 1, 2001, shall inform each
television broadcast station licensee within any local market in which a
satellite carrier proposes to commence carriage of signals of stations
from that market, not later than 60 days prior to the commencement of
such carriage:

\(A\) of the carrier\'s intention to launch local-into-local service
under section 338 of title 47, United States Code, in a local market,
the identity of that local market, and the location of the carrier\'s
proposed local receive facility for that local market;

\(B\) of the right of such licensee to elect carriage under this section
or grant retransmission consent under section 325(b) of title 47, United
States Code;

\(C\) that such licensee has 30 days from the date of the receipt of
such notice to make such election; and

\(D\) that failure to make such election will result in the loss of the
right to demand carriage under section 338 for the remainder of the
3-year cycle of carriage under section 325.

\(ii\) Satellite carriers shall transmit the notices required by
paragraph (d)(2)(i) of this section via certified mail to the address
for such television station licensee listed in the consolidated database
system maintained by the Commission.

**(iii) A satellite carrier with more than five million subscribers
shall provide the notice as required by paragraphs (i) and (ii) to each
television broadcast station located in a local market in the
noncontiguous states, not later than September 1, 2005 with respect to
carriage of analog signals and not later than March 1, 2007 with respect
to carriage of digital signals; provided, however, that the notice shall
also describe the carriage requirements pursuant to section 338(a)(4) of
title 47, United States Code, and paragraph (b)(2) of this rule
section.**

**\* \* \* \* \***

[^1]: The Satellite Home Viewer Extension and Reauthorization Act of
    2004 (SHVERA), Pub. L. No. 108-447, § 210, 118 Stat 2809 (2004).
    SHVERA was enacted on December 8, 2004, as title IX of the
    "Consolidated Appropriations Act, 2005." This proceeding to
    implement Section 210 of SHVERA is one of a number of Commission
    proceedings that will be required to implement SHVERA. The other
    proceedings will be undertaken and largely completely in 2005. *See*
    Section 202 of the SHVERA (entitled "Significantly Viewed Signals
    Permitted To Be Carried"), SHVERA NPRM, MB Docket No. 05-49, FCC
    05-24, 2005 WL 289026 (rel. Feb. 7, 2005); Sections 202, 204, 205,
    207, 208, 209 and 210 of the SHVERA; s*ee also* Public Notice,
    "Media Bureau Seeks Comment For Inquiry Required By the SHVERA on
    Rules Affecting Competition In the Television Marketplace," MB
    Docket No. 05-28, DA 05-169 (rel. Jan. 25, 2005) (Public Notice
    regarding Inquiry required by Section 208 of the SHVERA concerning
    the impact of certain rules and statutory provisions on competition
    in the television marketplace); Implementation of Section 207 of the
    Satellite Home Viewer Extension and Reauthorization Act of 2004,
    Reciprocal Bargaining Obligations, MB Docket No. 05-89, FCC 05-49
    (rel. Mar. 7, 2005); and Procedural Rules, FCC 05-81 (rel. Mar. 30,
    2005) (Order implementing rule revisions required by Sections 202,
    205, and 209).

[^2]: 47 U.S.C. § 338.

[^3]: 47 U.S.C. § 338(a)(4) (*as amended by* § 210 of the SHVERA).

[^4]: The Satellite Home Viewer Act of 1988, Pub. L. No. 100-667, 102
    Stat. 3935, Title II (1988) (codified at 17 U.S.C. §§ 111, 119).
    SHVA was enacted on November 16, 1988, as an amendment to the
    copyright laws. SHVA gave satellite carriers a statutory license to
    offer signals to "unserved" households. 17 U.S.C. § 119(a).

[^5]: The Satellite Home Viewer Improvement Act of 1999, Pub. L. No.
    106-113, 113 Stat. 1501 (1999) (codified in scattered sections of 17
    and 47 U.S.C.). SHVIA was enacted on November 29, 1999, as Title I
    of the Intellectual Property and Communications Omnibus Reform Act
    of 1999 ("IPACORA") (relating to copyright licensing and carriage of
    broadcast signals by satellite carriers). The SHVIA created the
    copyright license to provide local signals to subscribers regardless
    of whether they were "unserved." *See* 17 U.S.C. § 122.

[^6]: 17 U.S.C. §§ 119 and 122.

[^7]: 47 U.S.C. §§ 325, 338 and 339.

[^8]: 47 U.S.C. § 338(a)(1).

[^9]: Section 340(i)(1) (*as amended by* § 202 of the SHVERA), defines
    the term "local market" by using the definition in 17 U.S.C. §
    122(j)(2): "The term 'local market,' in the case of both commercial
    and noncommercial television broadcast stations, means the
    designated market area in which a station is located, and -- (i) in
    the case of a commercial television broadcast station, all
    commercial television broadcast stations licensed to a community
    within the same designated market area are within the same local
    market; and (ii) in the case of a noncommercial educational
    television broadcast station, the market includes any station that
    is licensed to a community within the same designated market area as
    the noncommercial educational television broadcast station."

[^10]: *See* 17 U.S.C. § 122(j)(2)(A)-(C).0.

[^11]: *See* Nielsen Station Index Directory and Nielsen Station Index
    United States Television Household Estimates (2004-5 ed.).

[^12]: *See* Television and Cable Factbook 2005 (Warren Communications)
    A-73.

[^13]: *See* 47 U.S.C. § 338(a)(1), (b)(1) and (c)(1).

[^14]: SHVERA, *supra* n. 1.

[^15]: Section 102 of SHVERA creates a new 17 U.S.C. § 119(a)(3) to
    provide satellite carriers with a statutory copyright license to
    offer "significantly viewed" signals as part of their local service
    to subscribers. 17 U.S.C. § 119(a)(3).

[^16]: 47 U.S.C. §§ 325, 338, 339 and 340.

[^17]: *See* 47 U.S.C. § 338(a)(4) (*as amended by* the SHVERA).

[^18]: *See* 47 U.S.C. § 338(a)(4) (*as amended by* the SHVERA), which
    provides:

    \(4\) CARRIAGE OF SIGNALS OF LOCAL STATIONS IN CERTAIN MARKETS- A
    satellite carrier that offers multichannel video programming
    distribution service in the United States to more than 5,000,000
    subscribers shall (A) within 1 year after the date of the enactment
    of the Satellite Home Viewer Extension and Reauthorization Act of
    2004, retransmit the signals originating as analog signals of each
    television broadcast station located in any local market within a
    State that is not part of the contiguous United States, and (B)
    within 30 months after such date of enactment retransmit the signals
    originating as digital signals of each such station. The
    retransmissions of such stations shall be made available to
    substantially all of the satellite carrier\'s subscribers in each
    station\'s local market, and the retransmissions of the stations in
    at least one market in the State shall be made available to
    substantially all of the satellite carrier\'s subscribers in areas
    of the State that are not within a designated market area. The cost
    to subscribers of such retransmissions shall not exceed the cost of
    retransmissions of local television stations in other States. Within
    1 year after the date of enactment of that Act, the Commission shall
    promulgate regulations concerning elections by television stations
    in such State between mandatory carriage pursuant to this section
    and retransmission consent pursuant to section 325(b), which shall
    take into account the schedule on which local television stations
    are made available to viewers in such State.

[^19]: *See* 47 C.F.R. § 76.66.

[^20]: 47 U.S.C. § 338(a)(4) (*as amended by* the SHVERA).

[^21]: *See* proposed Section 76.66(b)(2) in the Appendix. Section
    76.66(a)(1) of the current rules defines "satellite carrier." *See*
    47 C.F.R. § 76.66(a)(1).

[^22]: *See* *Annual Assessment of the Status of Competition in the
    Market for the Delivery of Video Programming*, Eleventh Annual
    Report, MB Docket No. 04-227, FCC 05-13 at paras. 54-55 (2004).

[^23]: 47 U.S.C. § 338(a)(4) (*as amended by* the SHVERA).

[^24]: 47 U.S.C. § 153(40).

[^25]: The contiguous United States, Alaska, Hawaii, Puerto Rico and the
    U.S. Virgin Islands are located in ITU Region 2 and have orbital
    assignments in the Region 2 BSS Plan. Guam, the Northern Marianas,
    Wake Island and Palmyra Island are located in ITU Region 3 and have
    orbital assignments in the Region 3 BSS plan at 122.0° E.L., 121.80°
    E.L., 140.0° E.L. and 170.0° E.L. respectively.

[^26]: Many areas are not visible to all satellites. For example, Guam
    is below the horizon for United States allocations east of 148° W.L.

[^27]: *See* In the Matter of Policies and Rules for Direct Broadcast
    Satellite Service *Report and Order*, 17 FCC Rcd. 11,368, 11,372
    (2002).

[^28]: *See* 47 U.S.C. § 338(a)(1) and 47 C.F.R. § 76.66(b). *See also
    Implementation of the Satellite Home Viewer Improvement Act of
    1999,* 16 FCC Rcd 1918 (2000) *("DBS Must Carry Report and Order"),*
    16 FCC Rcd 16544 (2001) *("DBS Must Carry Reconsideration Order").*
    The U.S. Court of Appeals for the Fourth Circuit upheld the
    constitutional validity of SHVIA and the reasonableness of the
    Commission's rules promulgated thereunder. *See Satellite
    Broadcasting and Communications Ass'n v. FCC, 275 F.3d 337 (2001),
    cert. denied, 536 U.S. 922 (2002).* The Communications Act,
    moreover, prohibits a multichannel video programming distributor
    from retransmitting the signal of a broadcast station unless it has
    "the express authority" of the station. 47 U.S.C. § 325(b)(1)(A).
    *See also* 17 U.S.C. § 122(a) (*as amended by* § 1002 of the SHVIA)
    and 47 U.S.C. § 338(a)(1) (*as amended by* § 1008 of the SHVIA).

[^29]: *See* MB Docket Nos. 98-120 and 00-96. *See also WHDT v.
    Echostar*, 18 FCC Rcd 396 (MB 2003) ("WHDT Order").

[^30]: The Communciations Act provides for termination of analog signal
    licenses as of December 31, 2006, unless local stations request an
    extension and demonstrate that one or more criteria exist in their
    markets. *See* 47 U.S.C. § 309(j)(14) (criteria include the
    so-called "85% test").

[^31]: 47 U.S.C. §§ 534(b)(3) and 535(g). The Commission recently
    concluded that the statutory term relating to cable mandatory
    carriage, "primary video," was ambiguous with respect to whether it
    requires cable operators to carry broadcasters' multicast signals.
    Faced with an ambiguous statute, the Commission did not require
    mandatory carriage of multicast signals by cable systems. *See
    Carriage of Digital Television Broadcast Signals:  Amendment to Part
    76 of the Commission\'s Rules*, CS Docket No. 98-120, Second Report
    and Order and First Order on Reconsideration, FCC 05-27, at¶ 33
    (rel. Feb. 23, 2005) (\"*DTV Second Report and Order*\") (declining,
    based on the record, to require cable operators to carry more than
    one programming stream of a digital station that multicasts). The
    SHVERA provision before us contains no such ambiguity.

[^32]: 47 U.S.C. § 338(a)(4)(emphasis added).

[^33]: We note that satellite carriage of high definition local signals
    is also under review in the ongoing broadcast carriage rulemaking
    docket in the context of applying the statutory prohibition on
    material degradation. *See, supra,* note 31.

[^34]: *See, supra,* note 18. Section 210 of the SHVERA also refers to
    the "cost to subscribers of such transmissions" but does not require
    rules for implementation. The Commission does not regulate rates,
    costs or prices for satellite service to subscribers.

[^35]: *See* 47 U.S.C. § 338(a)(1), (b)(1), and (c). *See also* 47
    C.F.R. § 76.66(g) and (h).

[^36]: *See* proposed rule section 76.66(b)(2) in the Appendix.

[^37]: *See* proposed rule section 76.66(c)(6) in the Appendix.
    Non-commercial television stations do not elect carriage because
    they cannot elect retransmission consent. *See* 47 U.S.C. §
    325(b)(2)(A). They are entitled to mandatory carriage. *See* 47
    U.S.C. § 338.

[^38]: *See* 47 C.F.R. § 76.66(c).

[^39]: 47 U.S.C. § 325(b). Broadcast stations and satellite carriers are
    required to negotiate retransmission consent agreements in good
    faith. 47 U.S.C. § 338(b)(3)(c) (*as amended by* Section 207 of the
    SHVERA).

[^40]: 47 U.S.C. § 338(a). *See also* 47 C.F.R. § 76.66(c).

[^41]: 47 C.F.R. § 76.66(c)(4).

[^42]: *See* proposed section 76.66(c)(6) in the Appendix.

[^43]: 47 C.F.R. § 76.66(c)(2).

[^44]: *See* proposed rule section 76.66(c)(6) in the Appendix.

[^45]: Two separate elections would be consistent with the Commission's
    Cable Must Carry decision in 2001 which permits stations
    broadcasting both analog and digital signals to elect must carry for
    their analog signal and retransmission consent for their digital
    signal.

[^46]: *See* proposed section 76.66(c)(6) in the Appendix.

[^47]: *Id.*

[^48]: *See* 47 C.F.R. § 76.66(c)(2) and (4).

[^49]: *See* 47 C.F.R. § 76.66(d)(3).

[^50]: 47 U.S.C. § 338(a)(4) (*as amended by* § 210 of the SHVERA).

[^51]: *See Policies and Rules for the Direct Broadcast Satellite
    Service*, 17 FCC Rcd 11,331, 11358-59 (2002). The Commission defined
    elevation angle "as the upward tilt of an earth station antenna
    measured in degrees relative to the horizontal plane (ground), that
    is required to aim the earth station antenna at the satellite. When
    aimed at the horizon, the elevation angle is zero. If the satellite
    were below the horizon, the elevation angle would be less than zero.
    If the earth station antenna were tilted to a point directly
    overhead, it would have an elevation angle of 90º." *Id.*

[^52]: For example, the elevation angle for Attu Island, Alaska is less
    than zero or below the horizon for the 61.5º, 101º, and 110º orbit
    locations and only 4 for the 119º location.

[^53]: *See* *Policies and Rules for the Direct Broadcast Satellite
    Service*, 17 FCC Rcd at 11358-62.

[^54]: *See Implementation of the Satellite Home Viewer Improvement Act
    of 1999, Report and Order*, 16 FCC Rcd 1918, 1937-8 (2000).

[^55]: The eight major islands of Hawaii are currently included within
    the Honolulu DMA. If the reference to "noncontiguous States" is read
    to include territories and possessions, none of them are in DMAs and
    would be subject to the special treatment described in Section 210.
    *See* Nielsen Station Directory and Nielsen Station Index United
    States Television Household Estimates (2004-5 ed.).

[^56]: 47 U.S.C. § 338(a)(4), *as amended* by § 210 of SHVERA.

[^57]: *See* Nielsen Station Directory and Nielsen Station Index United
    States Television Household Estimates (2004-5 ed.); and Television
    and Cable Factbook 2005 (Warren Communications) A-73.

[^58]: *See* proposed section 76.66(d)(2)(iii) in the Appendix.

[^59]: 47 C.F.R. § 76.66(d)(2).

[^60]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 -- 612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^61]: 5 U.S.C. § 605(b).

[^62]: 5 U.S.C. § 601(6).

[^63]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^64]: 15 U.S.C. § 632.

[^65]: 13 C.F.R. § 121.201, NAICS code 517510.

[^66]: *Id.*

[^67]: DirecTV is the largest DBS operator and the second largest MVPD,
    serving an estimated 13.04 million subscribers nationwide; *see*
    Annual Assessment of the Status of Competition in the Market for the
    Delivery of Video Programming, *Eleventh Annual Report*, FCC 05-13,
    ¶ 55 (rel. Feb. 4, 2005) ("*2005 Cable Competition Report*").

[^68]: EchoStar, which provides service under the brand name Dish
    Network, is the second largest DBS operator and the fourth largest
    MVPD, serving an estimated 10.12 million subscribers nationwide.
    *Id*.

[^69]: 5 U.S.C. § 605(b).

[^70]: 5 U.S.C. § 605(b).

[^71]: The Paperwork Reduction Act of 1995 ("PRA"), Pub. L. No. 104-13,
    109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).

[^72]: The Small Business Paperwork Relief Act of 2002 ("SBPRA"), Pub.
    L. No. 107-198, 116 Stat 729 (2002) (codified in Chapter 35 of title
    44 U.S.C.); *see* 44 U.S.C. 3506(c)(4).

[^73]: *See* 47 C.F.R. § 1.1206(b); *see also* 47 C.F.R. §§ 1.1202,
    1.1203.

[^74]: *See id.* § 1.1206(b)(2).

[^75]: *See* 47 U.S.C. § 338(a)(4) (*as amended by* the SHVERA)*.*

[^76]: *See* *id*. §§ 1.415, 1419.

[^77]: *See* *Electronic Filing of Documents in Rulemaking Proceedings*,
    13 FCC Rcd 11322 (1998).