[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5048-5050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01594]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[DA 14-1892]


Open Video System

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Office of the Managing Director (OMD) 
makes nonsubstantive, editorial revisions to correct outdated cross-
references in the Federal Communications Commission's Open Video System 
(OVS) rules.

DATES: Effective March 2, 2015.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Diana Sokolow, <a href="/cdn-cgi/l/email-protection#e8ac81898689c6bb87838784879fa88e8b8bc68f879e"><span class="__cf_email__" data-cfemail="6c28050d020d423f03070300031b2c0a0f0f420b031a">[email protected]</span></a>, of the Policy 
Division, Media Bureau, (202) 418-2120.

[[Page 5049]]


SUPPLEMENTARY INFORMATION: This is a summary of the Office of the 
Managing Director's Order, DA 14-1892, adopted and released on December 
23, 2014. The full text of this document is available for public 
inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th Street 
SW., Room CY-A257, Washington, DC 20554. This document will also be 
available via ECFS at http://fjallfoss.fcc.gov/ecfs/. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat. 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 <a href="/cdn-cgi/l/email-protection#c0a6a3a3f5f0f480a6a3a3eea7afb6"><span class="__cf_email__" data-cfemail="791f1a1a4c494d391f1a1a571e160f">[email protected]</span></a> or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Paperwork Reduction Act of 1995 Analysis

    This document does not contain new or modified information 
collection(s) subject to the Paperwork Reduction Act of 1995, 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). The Commission will file a nonsubstantive modification to 
the information collection that contains Sec. Sec.  76.1601, 76.1607, 
76.1617, and 76.1708 (OMB 3060-0649).

Synopsis

I. Discussion

    1. By this Order, the Office of the Managing Director (OMD) makes 
nonsubstantive, editorial revisions to correct outdated cross-
references in the Federal Communications Commission's open video system 
(OVS) rules. These nonsubstantive revisions are part of the 
Commission's ongoing examination and improvement of its processes and 
procedures. Specifically, Sec.  76.1506(g) of the Commission's rules 
applies to OVS operators the cable operator notification requirements 
contained in Sec.  76.58.\1\ While Sec.  76.58 contained those 
notification requirements when Sec.  76.1506(g) was adopted,\2\ in 1999 
the Commission deleted Sec.  76.58 and moved its contents to new 
sections of the Code of Federal Regulations (CFR) with the minor 
modifications discussed below.\3\ Accordingly, in this Order we correct 
the outdated cross-references in Sec.  76.1506(g).
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    \1\ 47 CFR 76.1506(g).
    \2\ See Open Video Systems, 61 FR 28698 (June 5, 1996).
    \3\ See 1998 Biennial Regulatory Review--Streamlining of Cable 
Television Services, part 76 Public File and Notice Requirements, 
Report and Order, 14 FCC Rcd 4653 (1999) (1998 Biennial Review 
Order). Appendix D of the 1998 Biennial Review Order contains a list 
of the new regulations and the sections from which the new 
regulations were moved.
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    2. These revisions update references to obsolete rule sections. 
Accordingly, we find good cause to conclude that notice and comment 
procedures are unnecessary and would not serve any useful purpose.\4\ 
The Commission's rules provide its Managing Director, or his or her 
designee, with ``delegated authority to make nonsubstantive, editorial 
revisions of the Commission's rules and regulations upon approval of 
the bureau or staff office primarily responsible for the particular 
part or section involved.'' \5\ Updating the cross-references in Sec.  
76.1506(g) is a nonsubstantive change, and the Media Bureau has 
approved the corrections made herein.
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    \4\ See 5 U.S.C. 553(b)(3)(B).
    \5\ 47 CFR 0.231(b).
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    3. Upon the deletion of Sec.  76.58 of the Commission's rules in 
1999, the Commission moved the contents of Sec.  76.58(a) to Sec.  
76.1601.\6\ The Commission also moved the contents of Sec.  76.58(b), 
(d) and (e) to Sec.  76.1617.\7\ Further, the Commission moved the 
contents of Sec.  76.58(c) to Sec.  76.1607 and part of Sec.  
76.1708(a).\8\ Additionally, the Commission moved the note to Sec.  
76.58 to Sec.  76.1601.\9\ However, Sec.  76.1506(g) continues to 
cross-reference deleted Sec.  76.58.
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    \6\ See 47 CFR 76.1601.
    \7\ In 1999, the Commission decided that the references to the 
1993 notification requirements contained in Sec.  76.58 were 
outdated and, thus, replaced those references with more general 
language, a 60 day notification requirement, when it moved the 
contents of Sec.  76.58(b), (d) and (e) into new Sec.  76.1617. See 
47 CFR 76.1617; 1998 Biennial Review Order, 14 FCC Rcd at Appendix 
C. The 1998 Biennial Review Order contained a discussion of the 
replacement of the 1993 dates with the new 60-day notification 
requirements, and while the text referenced these requirements as 
appearing in new Sec.  76.1619, an erratum indicated that they 
actually appear in Sec.  76.1617. 1998 Biennial Review Order, 14 FCC 
Rcd at 4667, paras. 28-29; Erratum, 1999 WL 163015, at Appendix C 
(Mar. 26, 1999).
    \8\ See 47 CFR 76.1607 and 76.1708(a).
    \9\ See Note 1 to Sec.  76.1601.
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    4. We revise Sec.  76.1506(g) of the Commission's rules to 
eliminate cross-references to deleted Sec.  76.58 and replace those 
references with the updated cable rule sections. We need not revise FCC 
Form 1275, Certification for Open Video Systems, because that form does 
not mention deleted Sec.  76.58. In addition, to make Sec.  76.1506(g) 
easier to read now that it will cross-reference multiple rule sections 
instead of a single rule section, we make editorial revisions by 
merging the three former sentences into a single sentence. Section 
76.1506(g) will now read, ``Any provision of Sec. Sec.  76.1601, 
76.1607, 76.1617, or 76.1708(a) (second sentence) that refers to a 
`cable operator,' `cable system,' or `principal headend' shall apply, 
respectively, to an open video system operator, to an open video 
system, or to the equivalent of the principal headend for an open video 
system.'' The corrections discussed herein are nonsubstantive, 
editorial revisions that the Media Bureau has approved, and OMD thus 
has authority to implement them pursuant to Sec.  0.231(b).\10\
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    \10\ See 47 CFR 0.231(b). In addition, we note that the 
Communications Act of 1934, as amended (Act), directs the Commission 
to apply to OVS operators certain provisions that apply to cable 
operators. See 47 U.S.C. 573(c).
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II. Procedural Matters

A. Regulatory Flexibility Act

    5. Because we adopt this Order without notice and comment, the 
Regulatory Flexibility Act (RFA) does not apply.\11\
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    \11\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857 
(1996). The SBREFA was enacted as Title II of the Contract with 
America Advancement Act of 1996 (CWAAA).
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B. Final Paperwork Reduction Act of 1995 Analysis

    6. The Order does not contain new or modified information 
collection requirements 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). The Commission will file a nonsubstantive modification to 
the information collection that contains Sec. Sec.  76.1601, 76.1607, 
76.1617, and 76.1708 (OMB 3060-0649).

C. Congressional Review Act

    7. The Commission will send a copy of the 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).

[[Page 5050]]

D. Additional Information

    8. For additional information on this proceeding, contact Diana 
Sokolow, <a href="/cdn-cgi/l/email-protection#35715c545b541b665a5e5a595a42755356561b525a43"><span class="__cf_email__" data-cfemail="06426f6768672855696d696a69714660656528616970">[email protected]</span></a>, of the Policy Division, Media Bureau, 
(202) 418-2120.

III. Ordering Clauses

    9. Accordingly, it is ordered that, pursuant to the authority found 
in sections 4(i), 4(j), 303(r), and 653 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), and 573, and Sec.  
0.231(b) of the Commission's rules, 47 CFR 0.231(b), this Order is 
adopted, effective thirty (30) days after the date of publication in 
the Federal Register.
    10. It is ordered that, pursuant to the authority found in sections 
4(i), 4(j), 303(r), and 653 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 154(j), 303(r), and 573, and Sec.  0.231(b) 
of the Commission's rules, 47 CFR 0.231(b), the Commission's rules are 
hereby amended as set forth in the Final Rules below.
    11. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order to the Chief Counsel for Advocacy of the Small 
Business Administration.
    12. It is further ordered that the Commission shall 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).

List of Subjects in 47 CFR Part 76

    Administrative practice and procedure, Cable television, Equal 
employment opportunity, Political candidates, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Jon Wilkins,
Managing Director.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 76 as follows:

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
1. The authority citation for part 76 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 
522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 
552, 554, 556, 558, 560, 561, 571, 572, 573.


0
2. Amend Sec.  76.1506 by revising paragraph (g) to read as follows:


Sec.  76.1506  Carriage of television broadcast signals.

* * * * *
    (g) Notification. Any provision of Sec. Sec.  76.1601, 76.1607, 
76.1617, or 76.1708(a) (second sentence) that refers to a ``cable 
operator,'' ``cable system,'' or ``principal headend'' shall apply, 
respectively, to an open video system operator, to an open video 
system, or to the equivalent of the principal headend for an open video 
system.
* * * * *
[FR Doc. 2015-01594 Filed 1-29-15; 8:45 am]
BILLING CODE 6712-01-P


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