[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64382-64384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20172]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket Nos. 03-185 and 22-261; FCC 23-25; FR ID 171698]


Establishing Rules for Digital Low Power Television and 
Television Translator Stations

AGENCY: Federal Communications Commission

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, the information collections 
adopted in the Report and Order in MB Docket Nos. 03-185, 22-261 FCC 
23-25, Establishing Rules for Digital Low Power Television and 
Television Translator Stations, which stated that the Commission would 
publish a document in the Federal Register announcing the effective 
date of those rules.

DATES: The amendments to 47 CFR 74.703, 74.734, 74.735, 74.751, 74.763, 
and 74.784, published at 88 FR 30654 on May 12, 2023, are effective 
September 19, 2023.

FOR FURTHER INFORMATION CONTACT:  Emily Harrison, Media Bureau, Video 
Division, at (202) 418-1665 or <a href="/cdn-cgi/l/email-protection#d99cb4b0b5a0f791b8ababb0aab6b799bfbabaf7beb6af"><span class="__cf_email__" data-cfemail="4401292d283d6a0c2536362d372b2a042227276a232b32">[email protected]</span></a>. For information 
regarding the Paperwork Reduction Act (PRA) information collection 
requirements contained in the PRA, contact Cathy Williams, Office of 
Managing Director, at (202) 418-2918 or <a href="/cdn-cgi/l/email-protection#5f1c3e2b37267108363333363e322c1f393c3c71383029"><span class="__cf_email__" data-cfemail="125173667a6b3c457b7e7e7b737f61527471713c757d64">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirements in 47 CFR 74.703, 74.734, 
74.735, 74.751, 74.763, and 74.784, on September 7, 11, and 12, 2023. 
These rules were modified in the Report and Order in MB Docket Nos. 03-
185, 22-261, FCC 23-25, Establishing Rules for Digital Low Power 
Television and Television Translator Stations, published at 88 FR 30654 
on May 12, 2023. The Commission publishes this document as an 
announcement of the compliance date of the rules. Rule amendments 
adopted in the Report and Order which did not require OMB approval 
became effective on June 12, 2023.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on September 7, 11, and 12, 2023, for the information 
collection requirements contained in 47 CFR 74.703, 74.734, 74.735, 
74.751, 74.763, and 74.784. Under 5 CFR part 1320, an agency may not 
conduct or sponsor a collection of information unless it displays a 
current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Numbers for the information collection requirements in these 
rules are 3060-1311, 3060-0236, 3060-0248 and 3060-0250.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0250.
    OMB Approval Date: September 7, 2023.
    OMB Expiration Date: September 30, 2026.
    Title: Sections 73.1207, 74.784, and 74.1284, Rebroadcasts.
    Form No.: N/A.
    Respondents: Businesses or other for-profit entities, Not for-
profit institutions and State, local or Tribal Governments.
    Number of Respondents and Responses: 6,462 respondents and 11,012 
responses.
    Estimated Time per Response: 0.50 hours.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirement; semi-annual reporting requirement; third party 
disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
sections 154(i) and 325(a) of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 5,506 hours.
    Annual Cost Burden: No cost.
    Needs and Uses: The Commission adopted on April 17, 2023, the 
Report and Order (R&O), In the Matter of Amendment of Parts 73 and 74 
of the Commission's Rules to Establish Rules for Digital Low Power 
Television and Television Translator Stations, Update of Parts 74 of 
the Commission's Rules Related to Low Power Television and Television 
Translator Stations, MB Docket Nos. 03-185 and 22-261, FCC 23-25 (88 FR 
30654 on May 12, 2023). The R&O adopted the following revision to 47 
CFR 74.784(b):

[[Page 64383]]

    Section 74.784(b) states that a licensee of a low power television 
or TV translator station shall not rebroadcast the programs of any 
other TV broadcast station without obtaining prior consent of the 
station whose signals or programs are proposed to be retransmitted. 
Section 74.784(b) requires licensees of low power television and TV 
translator stations to notify the Commission when rebroadcasting 
programs or signals of another station. This notification shall include 
the call letters of each station rebroadcast. The licensee of the low 
power television or TV translator station shall certify that written 
consent has been obtained from the licensee of the station whose 
programs are retransmitted. This notification shall be provided by 
email to <a href="/cdn-cgi/l/email-protection#d2868480b7b0a0bdb3b6b1b3a1a692b4b1b1fcb5bda4"><span class="__cf_email__" data-cfemail="025654506760706d636661637176426461612c656d74">[email protected]</span></a>, the Media Bureau, Video Division's 
email box.
    The information collection requirements contained in 47 CFR 73.1207 
and 74.1284 remain the same. They are as follows:
    Section 73.1207 requires that licensees of broadcast stations 
obtain written permission from an originating station prior to 
retransmitting any program or any part thereof. A copy of the written 
consent must be kept in the station's files and made available to the 
FCC upon request. Section 73.1207 also specifies procedures that 
broadcast stations must follow when rebroadcasting time signals, 
weather bulletins, or other material from non-broadcast services.
    Section 74.1284 requires that the licensee of a FM translator 
station obtain prior consent to rebroadcast programs of any broadcast 
station or other FM translator. The licensee of the FM translator 
station must notify the Commission of the call letters of each station 
rebroadcast and must certify that written consent has been received 
from the licensee of that station. Also, AM stations are allowed to use 
FM translator stations to rebroadcast the AM signal. FM translator 
stations are low power facilities licensed for the limited purpose of 
retransmitting the signals of either a full power radio station or 
another translator station. See 47 CFR 74.1201.
    OMB Control Number: 3060-0236.
    OMB Approval Date: September 11, 2023.
    OMB Expiration Date: September 30, 2026.
    Title: Section 74.703, Interference.
    Form Number: N/A.
    Respondents: Businesses or other for-profit entities, State, local 
or Tribal Governments and Not for-profit institutions.
    Number of Respondents/Responses: 50 respondents and 50 responses.
    Estimated Hours per Response: 2 hours.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 100 hours.
    Total Annual Cost: $100,000.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in section 154(i) 
of the Communications Act of 1934, as amended.
    Needs and Uses: The Commission adopted on April 17, 2023, the 
Report and Order (R&O), In the Matter of Amendment of Parts 73 and 74 
of the Commission's Rules to Establish Rules for Digital Low Power 
Television and Television Translator Stations, Update of Parts 74 of 
the Commission's Rules Related to Low Power Television and Television 
Translator Stations, MB Docket Nos. 03-185 and 22-261, FCC 23-25. The 
R&O adopted the following revision to 47 CFR 74.703(h):
    Section 74.703(h) requires in each instance where suspension of 
operation is required, the licensee shall submit a full report to the 
FCC via a Resumption of Operations notice in the Commission's Licensing 
and Management System (LMS) after operation is resumed, containing 
details of the nature of the interference, the source of the 
interfering signals, and the remedial steps taken to eliminate the 
interference.
    The Commission is reinstating OMB control number 3060-0236 back 
into the Office of Management and Budget's (OMB) inventory. However, 
the Commission adopted on October 25, 2021, the Order (Order), In the 
Matter of Expanding the Economic and Innovation Opportunities of 
Spectrum Through Incentive Auction, GN Docket No. 12-268 (86 FR 66193, 
November 22, 2021). The Order adopted a number of changes, including 
removing 47 CFR 74.703(f) and (g). This means that collection 3060-0236 
now only covers the information collection requirements covered under 
47 CFR 74.703(h).
    OMB Control Number: 3060-0248.
    OMB Approval Date: September 12, 2023.
    OMB Expiration Date: September 30, 2026.
    Title: Section 74.751, Modification of Transmission Systems.
    Form No.: N/A.
    Respondents: Businesses or other for-profit entities, Not for-
profit institutions and State, local or Tribal Governments.
    Number of Respondents and Responses: 400 respondents and 400 
responses.
    Estimated Time per Response: 0.50 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement.
    Total Annual Burden: 200 hours.
    Annual Cost Burden: No cost.
    Needs and Uses: The Commission adopted on April 17, 2023, the 
Report and Order (R&O), In the Matter of Amendment of Parts 73 and 74 
of the Commission's Rules to Establish Rules for Digital Low Power 
Television and Television Translator Stations, Update of Parts 74 of 
the Commission's Rules Related to Low Power Television and Television 
Translator Stations, MB Docket Nos. 03-185 and 22-261, FCC 23-25. The 
R&O adopted the following revisions to 47 CFR 74.751:
    Section 74.751(a) requires licensees of low power TV or TV 
translator stations to send written notification to the FCC of 
equipment changes which may be made at licensee's discretion without 
the use of a formal application.
    Section 74.751(b)(4) requires low power TV or TV translator 
stations to file an application in the Commission's Licensing and 
Management System (LMS) on FCC Form 2100, Schedule C, requesting 
authorization for all antenna relocations.
    Section 74.751(c) provides that notwithstanding the requirement in 
47 CFR 74.751(b)(4), a station may file in LMS a correction of 
geographic coordinates where the change is 3 seconds or fewer in 
latitude and/or 3 seconds or fewer in longitude, provided there is no 
physical change in location and no other licensed parameters are 
changed. An exhibit should be attached to the application(s) specifying 
it is a coordinate correction. Stations seeking to correct coordinates 
by less than 3 seconds of latitude and/or longitude may do so without 
paying a filing fee.
    Section 74.751(d) requires that licensees of low power TV or TV 
translator stations place in the station records a certification that 
the installation of new or replacement transmitting equipment complies 
in all respects with the technical requirements of this section and the 
station authorization.
    OMB Control Number: 3060-1311.
    OMB Approval Date: September 7, 2023.
    OMB Expiration Date: September 30, 2026.
    Title: Sections 74.734, 74.735, and 74.763, Electronic Filings.
    Form No.: N/A.
    Respondents: Businesses or other for-profit entities, Not for-
profit institutions and State, local or Tribal Governments.
    Number of Respondents and Responses: 50 respondents and 250 
responses.

[[Page 64384]]

    Estimated Time per Response: 2 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in section 154(i) 
of the Communications Act of 1934, as amended.
    Total Annual Burden: 500 hours.
    Annual Cost Burden: $250,000.
    Needs and Uses: The Commission adopted on April 17, 2023, the 
Report and Order (R&O), In the Matter of Amendment of Parts 73 and 74 
of the Commission's Rules to Establish Rules for Digital Low Power 
Television and Television Translator Stations, Update of Parts 74 of 
the Commission's Rules Related to Low Power Television and Television 
Translator Stations, MB Docket Nos. 03-185 and 22-261, FCC 23-25. The 
R&O adopted a number of revisions to the Commission's rules to specify 
electronic rather than paper submission in the following instances:
    Section 74.734(a)(4) requires that a notification must be made with 
the Commission via a Change of Control Point Notice in the Commission's 
Licensing and Management System (LMS) providing the name, address, and 
telephone number of person(s) who may be called to secure suspension of 
operation of a transmitter promptly should the FCC deem such action 
necessary.
    Section 74.735(c)(4) requires that all azimuth plane patterns be 
plotted in a PDF attachment to the application in LMS in a size 
sufficient to be easily viewed. Section 74.735(c)(6) requires that all 
azimuth plane patterns be plotted in a PDF attachment to the 
application in LMS in a size sufficient to be easily viewed. Section 
74.735(c)(7) requires that if a matrix pattern is submitted in the LMS 
application form, similar tabulations must be provided as necessary in 
the form of a spreadsheet attachment to the application in LMS to 
accurately represent the pattern.
    Section 74.763(b) provides that in the event that causes beyond the 
control of the low power or translator station licensee make it 
impossible to continue operating, the licensee may discontinue 
operation for a period of not more than 30 days without further 
authority from the FCC. Section 74.763(b) requires that no later than 
the tenth day of discontinued operation, notification must be sent 
electronically via a Suspension of Operations Notice filing in the 
Commission's LMS database. In the event normal operation is restored 
before the end of the 30 day period, the licensee must notify the FCC 
of the date that normal operations resumed by filing a Resumption of 
Operations Notice filing in LMS. Finally, Sec.  74.763(b) requires that 
if causes beyond the control of the licensee make it impossible to 
comply within the allowed period, a licensee may make a request for 
Special Temporary Authority via LMS no later than the 30th day for such 
additional time as may be necessary.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023-20172 Filed 9-18-23; 8:45 am]
BILLING CODE 6712-01-P


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