Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules 80425 

Dated: December 15, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–32139 Filed 12–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[ET Docket No. 10—152; FCC 10–194] 

Satellite Television Extension and 

Localism Act of 2010 and Satellite 

Home Viewer Extension and 

Reauthorization Act of 2004 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document invites 

comment the submission of additional 

information concerning the 

methodological changes for the digital 

ILLR model with respect to the 

calculation of diffraction loss close to an 

obstacle or leading up to and following 

a pair of obstacles; and a factual or 

scientific basis for explaining the 

additional losses in the line of sight 

range above and beyond the free space 

loss and two-ray-loss. The Commission 

is particularly interested in information 

on any other techniques for improving 

the degree to which the model 

accurately represents the propagation of 

a digital television signal from a 

transmitter to a specific receive site and 

any new data that may be available for 

improving the model’s predictions. 

DATES: Comments must be filed on or 

before January 21, 2011, and reply 

comments must be filed on or before 

February 7, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Alan Stillwell, Office of Engineering 

and Technology, (202) 418–2925, 

e-mail: Alan.Stillwell@fcc.gov or Robert 

Weller, Office of Engineering and 

Technology, (202) 418–7397, TTY (202) 

418–2989. 

ADDRESSES: You may submit comments, 

identified by ET Docket No. 10–97, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• E-mail: [Optional: Include the email address only if you plan to accept 

comments from the general public]. 

Include the docket number(s) in the 

subject line of the message. 

• Mail: [Optional: Include the mailing 

address for paper, disk or CD–ROM 

submissions needed/requested by your 

Bureau or Office. Do not include the 

Office of the Secretary’s mailing address 

here.] 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION of this 

document. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rule Making, ET 

Docket No. 10–152, FCC 10–194, 

adopted November 22, 2010, and 

released November 23, 2010. The full 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

complete text of this document also may 

be purchased from the Commission’s 

copy contractor, Best Copy and Printing, 

Inc., 445 12th Street, SW., Room CY– 

B402, Washington, DC 20554. The full 

text may also be downloaded at: 

www.fcc.gov. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121, May 1, 1998. 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

• 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. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St., SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8 a.m. to 7 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 must be 

addressed to 445 12th Street, SW., 

Washington DC 20554. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Summary of Further Notice of Proposed 

Rulemaking 

1. In the Report and Order, FCC 10– 

194, adopted November 22, 2010 and 

released November 23, 2010, in this 

proceeding, the Commission adopted a 

new digital TV ILLR model that 

complies with the requirements and 

provisions of the Satellite Television 

Extension and Localism Act of 2010 

(STELA). This model will provide a 

method for accurately, reliably and 

presumptively estimating the signal 

strength of digital television stations at 

individual locations for purposes of 

determining whether a subscriber to a 

satellite television service is eligible for 

delivery of distant network signals from 

that service. With this model in place, 

the Commission seeks to further 

investigate and consider the suggestions 

in the comments for possible 

modifications to the digital ILLR model 

that would further improve the accuracy 

and improve the accuracy and reliability 

of its predictions. The Commission 

would adopt such modifications in a 

subsequent Report and Order in this 

proceeding. 

2. In this regard, the Commission 

invites the submission of additional 

information concerning the 

methodological changes suggested in 

the comments by Mr. Shumate for the 

digital ILLR model with respect to (1) 

calculation of diffraction loss close to an 

obstacle or leading up to and following 

a pair of obstacles and (2) a factual or 


srobinson on DSKHWCL6B1PROD with PROPOSALS
80426 Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 / Proposed Rules 

1The RFA, see 5 U.S.C. 601–612, has been 

amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (SBREFA), Public 

Law 104–121, Title II, 110 Stat. 857 (1996). 

2 5 U.S.C. 605(b). 

3 5 U.S.C. 601(6). 

4 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.’’ 

5 15 U.S.C. 632. Federal Register. 

6See 5 U.S.C. 605(b). 7See 5 U.S.C. 603(a). 

scientific basis for explaining the 

additional losses in the line of sight 

range above and beyond the free space 

loss and two-ray-loss. The Commission 

is requesting a detailed description of 

the methodological changes that would 

be offered for addressing these aspects 

of the model and how they would 

improve the model to better estimate 

digital television signal strengths at 

individual locations. Such additional 

submissions should also include 

computer software that implements 

these methodological changes, to the 

extent that it is available, for evaluation 

by our engineering staff. The 

Commission also requests comment and 

technical evaluations from interested 

parties on the changes Mr. Shumate 

proposes. In his submission in this 

proceeding, Mr. Shumate provides a 

brief description of a comparison of 

estimates generated using the current 

ILLR model and the ‘‘ITWOM’’ with the 

improvements he suggests. The 

Commission now requests additional 

information on this comparison and also 

the submission of additional data and 

information that provides comparative 

analysis of the two methods. Interested 

parties are also invited to submit 

additional proposals and suggestions for 

improving the digital ILLR model. The 

Commission is particularly interested in 

information on any other techniques for 

improving the degree to which the 

model accurately represents the 

propagation of a digital television signal 

from a transmitter to a specific receive 

site and any new data that may be 

available for improving the model’s 

predictions. 

A. Initial Regulatory Flexibility 

Certification. 

3. The Regulatory Flexibility Act of 

1980, as amended (RFA),1 requires that 

an initial regulatory flexibility analysis 

be prepared for notice and comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ 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 Small Business 

Administration (SBA).5

4. The Commission is providing a 

plan for the model’s continued 

refinement by use of additional data as 

it may become available. Under that 

plan, refinements based on additional 

data may be proposed by referencing the 

docket of this proceeding, which will be 

held open indefinitely for this purpose. 

Consistent with this intention to refine 

the model as new information becomes 

available, the Commission is initiating 

this Further Notice of Proposed 

Rulemaking herein to request comment 

on possible modifications to the 

methodology in the digital Individual 

Location Longley-Rice (ILLR) model to 

improve its predictive accuracy as 

suggested by one of the parties 

responding to the Notice of Proposed 

Rulemaking, 75 FR 46885, August 4, 

2010, in this proceeding. The 

methodological changes to be addressed 

in the Further NPRM would change the 

manner in which our predictions are 

calculated but would not alter the 

administrative burden on any of the 

small business entities that would use 

or be affected by the predictive model. 

Therefore, the Commission does not 

expect these changes to have any 

economic impact on small entities. 

5. Therefore, we certify that the 

proposals in this Notice of Proposed 

Rulemaking, if adopted, will not have a 

significant economic impact on a 

substantial number of small entities. If 

commenters believe that the proposals 

discussed in the NPRM require 

additional RFA analysis, they should 

include a discussion of these issues in 

their comments and additionally label 

them as RFA comments. The 

Commission will send a copy of the 

NPRM, including a copy of this initial 

certification, to the Chief Counsel for 

Advocacy of the SBA.6

B. Paperwork Reduction Act Analysis: 

6. This document does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified ‘‘information 

collection burden for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Ordering Clauses 

7. Pursuant to sections 1, 4, 301, and 

339(c)(3) of the Communications Act of 

1934, as amended, 47 U.S.C. 151, 154, 

301, 339(c)(3), and section 119(d)(10)(a) 

of the Copyright Act, 17 U.S.C. 

119(d)(10)(a), this further notice of 

proposed rulemaking is hereby adopted. 

8. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this further notice of proposed 

rulemaking, including the Initial 

Regulatory Flexibility Certification, and 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration. 

9. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration, to Congress 

and the General Accounting Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A).7

10. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, will send a copy of 

this NPRM, including the IRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration, in accordance 

with the Regulatory Flexibility Act. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

[FR Doc. 2010–32039 Filed 12–21–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, and 252 

[DFARS Case 2009–D043] 

Defense Federal Acquisition 

Regulation Supplement; Reporting of 

Government-Furnished Property 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 


srobinson on DSKHWCL6B1PROD with PROPOSALS