11328 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 

1See Public Law 113–200, 128 Stat. 2059 (2014). 

The STELAR was enacted on December 4, 2014 

(H.R. 5728, 113th Cong.). 

2See 47 U.S.C. 325(b)(3)(C) (as amended by 

section 101 of the STELAR). 

3See id. (as amended by section 103(a) of the 

STELAR). 

4See id. (as amended by section 103(b) of the 

STELAR). 

5See 47 U.S.C. 534(b)(9) (as amended by section 

105 of the STELAR). 

6Provisions of the STELAR that we do not 

implement in this Order will be addressed in other 

proceedings. 

7See 5 U.S.C. 553(b)(B). See also Metzenbaum v. 

Federal Energy Regulatory Commission, 675 F.2d 

1282, 1291 (D.C. Cir. 1982) (agency order, issued 

pursuant to Congressional waiver of certain 

provisions of federal law that otherwise would have 

governed construction and operation of Alaskan 

natural gas pipeline, was appropriately issued 

without notice and comment under the APA’s 

‘‘good cause’’ exception as a nondiscretionary 

ministerial action); Komjathy v. Nat’l Transp. Safety 

Bd., 832 F.2d 1294, 1296–97 (D.C. Cir. 1987) (notice 

and comment is unnecessary where the regulation 

does no more than repeat, virtually verbatim, the 

statutory grant of authority), cert. denied, 486 U.S. 

1057 (1988). 

1934, as amended. The information 

collections are necessary largely to 

determine whether and under what 

conditions the Commission should grant 

a license for proposed submarine cables 

landing in the United States, including 

applicants that are, or are affiliated 

with, foreign carriers in the destination 

market of the proposed submarine cable. 

Pursuant to Executive Order No. 10530, 

the Commission has been delegated the 

President’s authority under the Cable 

Landing License Act to grant cable 

landing licenses, provided that the 

Commission must obtain the approval of 

the State Department and seek advice 

from other government agencies as 

appropriate. If the collection is not 

conducted or is conducted less 

frequently, applicants will not obtain 

the authorizations necessary to provide 

telecommunications services and 

facilities, and the Commission will be 

unable to carry out its mandate under 

the Cable Landing License Act and 

Executive Order 10530. In addition, 

without the collection, the United States 

would jeopardize its ability to fulfill the 

U.S. obligations as negotiated under the 

World Trade Organization (WTO) Basic 

Telecom Agreement because certain of 

these information collection 

requirements are imperative to detecting 

and deterring anticompetitive conduct. 

They are also necessary to preserve the 

Executive Branch agencies’ and the 

Commission’s ability to review foreign 

investments for national security, law 

enforcement, foreign policy, and trade 

concerns. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2015–04336 Filed 3–2–15; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 15–37; FCC 15–21] 

Implementation of the STELA 

Reauthorization Act of 2014 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communications 

Commission (‘‘Commission’’) amends 

its rules to implement certain provisions 

of the STELA Reauthorization Act of 

2014. Collectively, those provisions: 

Extend to January 1, 2020 the good faith 

negotiation requirements applicable to 

multichannel video programming 

distributors (‘‘MVPDs’’) and television 

broadcast stations, and the exclusive 

contract prohibition applicable to such 

broadcast stations; prohibit same-market 

television broadcast stations from 

coordinating negotiations or negotiating 

on a joint basis for retransmission 

consent except under certain 

conditions; prohibit a television 

broadcast station from limiting the 

ability of an MVPD to carry into its local 

market television signals that are 

deemed ‘‘significantly viewed’’ or that 

otherwise are permitted to be carried by 

the MVPD, with certain exceptions; and 

eliminate the ‘‘sweeps prohibition’’ in 

the Communications Act of 1934, as 

amended (‘‘the Act’’). 

DATES: Effective April 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Raelynn Remy, Raelynn.Remy@fcc.gov, 

Federal Communications Commission, 

Media Bureau, (202) 418–2936. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

MB Docket No. 15–37, FCC 15–21, 

which was adopted on February 13, 

2015 and released on February 18, 2015. 

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. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format), by 

sending an email to fcc504@fcc.gov 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 

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). 

Document Summary 

I. Introduction 

1. In this Order, we amend our rules 

to implement three provisions of the 

STELA Reauthorization Act of 2014 

(‘‘STELAR’’).1 Collectively, those 

provisions: (i) Extend to January 1, 2020 

the good faith negotiation requirements 

applicable to multichannel video 

programming distributors (‘‘MVPDs’’) 

and television broadcast stations, and 

the exclusive contract prohibition 

applicable to such broadcast stations; 2

(ii) prohibit same-market television 

broadcast stations from coordinating 

negotiations or negotiating on a joint 

basis for retransmission consent except 

under certain conditions; 3 (iii) prohibit 

a television broadcast station from 

limiting the ability of an MVPD to carry 

into its local market television signals 

that are deemed ‘‘significantly viewed’’ 

or that otherwise are permitted to be 

carried by the MVPD, with certain 

exceptions; 4 and (iv) eliminate the 

‘‘sweeps prohibition’’ in section 

614(b)(9) of the Communications Act of 

1934, as amended (‘‘the Act’’).5

2. The STELAR requires the 

Commission, among other things, to 

undertake several proceedings to adopt 

new rules, amend or repeal existing 

rules, and conduct analyses. This 

proceeding implements sections 101, 

103 and 105 of the STELAR.6 We 

address those provisions in one order 

because their implementation entails no 

exercise of our administrative discretion 

and, therefore, notice and comment 

procedures are unnecessary under the 

‘‘good cause’’ exception to the 

Administrative Procedure Act 

(‘‘APA’’).7 We discuss each provision, in 

turn. 


Rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11329 

8See 47 U.S.C. 325(b)(3)(C) (as amended by 

section 101 of the STELAR) (requiring MVPDs and 

television broadcast stations to negotiate 

retransmission consent in good faith and 

prohibiting such stations from engaging in 

exclusive contracts for carriage). 

9See 47 U.S.C. 325(b)(3)(C) (as amended by 

section 103 of the STELAR). 

10For example, the prohibition on joint 

negotiation codified in § 76.65(b)(1)(viii) of our 

existing rules applies by its terms only to samemarket ‘‘Top Four’’ television broadcast stations, 

whereas the new statutory ban applies to all samemarket television broadcast stations. Moreover, in 

contrast to the existing ban on joint negotiation 

(which permits joint negotiation of retransmission 

consent by stations that are commonly owned, 

operated or controlled as determined by the 

Commission’s broadcast attribution rules), the new 

statutory ban permits joint negotiation only by 

stations that ‘‘are directly or indirectly under 

common de jure control permitted under the 

regulations of the Commission.’’ Compare 47 CFR 

76.65(b)(1)(viii) with 47 U.S.C. 325(b)(3)(C) (as 

amended by section 103(a) of the STELAR). 

11See 47 U.S.C. 325(b)(3)(C) (as amended by 

section 103 of the STELAR). 

12See 47 CFR 76.1601, Note 1. 

13 In particular, section 105(a) of the STELAR 

amends section 614(b)(9) of the Act by striking the 

second sentence, which states that ‘‘[n]o deletion or 

repositioning of a local commercial television 

station shall occur during a period in which major 

television ratings services measure the size of 

audiences of local television stations.’’ 47 U.S.C. 

534(b)(9). 

14Section 105(b) of the STELAR provides that 

‘‘[n]ot later than 90 days after the date of enactment 

of this Act, the Commission shall revise [S]ection 

76.1601 of its rules . . . and any note to such 

section by removing the [sweeps prohibition].’’ See 

Public Law 113–200, 128 Stat. 2059, 105(b) (2014). 

15See 5 U.S.C. 553(b)(B). 

16See 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), Public Law 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). 

17The Paperwork Reduction Act of 1995, Public 

Law 104–13, 109 Stat. 163 (1995) (codified in 

Chapter 35 of title 44 U.S.C.). 

18The Small Business Paperwork Relief Act of 

2002 (SBPRA), Public Law 107–198, 116 Stat. 729 

(2002) (codified in Chapter 35 of title 44 U.S.C.); see 

44 U.S.C. 3506(c)(4). 

II. Discussion 

A. Section 101 of the STELAR: 

Extension of Sunset Dates in 

Retransmission Consent Rules 

3. We revise § 76.64(b)(3)(ii) of our 

rules (relating to the retransmission 

consent exemption for carriage of 

distant network signals by satellite 

carriers), § 76.64(l) (relating to the 

prohibition on exclusive retransmission 

consent contracts) and § 76.65(f) 

(relating to the expiration of the 

reciprocal good faith negotiation 

requirements) to reflect the new sunset 

dates established in section 101 of the 

STELAR. Section 101 amends section 

325(b)(2)(C) of the Act by replacing the 

previous sunset date of December 31, 

2014 with a new sunset date of 

December 31, 2019. Section 101 also 

amends section 325(b)(3)(C) of the Act 

to replace the previous sunset date of 

January 1, 2015 with a new sunset date 

of January 1, 2020.8 Accordingly, we 

amend §§ 76.64(b)(3)(ii), 76.64(l), and 

76.65(f) of our rules to reflect those new 

sunset dates. 

B. Section 103(a) of the STELAR: Ban on 

Joint Negotiation for Retransmission 

Consent 

4. We also revise § 76.65(b) of our 

rules (setting forth standards for good 

faith negotiation) to incorporate new 

provisions of section 325 added by the 

STELAR. In particular, section 103(a) of 

the STELAR revises section 325 by 

adding new subsection 325(b)(3)(C)(iv), 

which, read as part of section 

325(b)(3)(C) as a whole, requires the 

Commission to revise its retransmission 

consent rules: 

[to] prohibit a television broadcast station 

from coordinating negotiations or negotiating 

on a joint basis with another television 

broadcast station in the same local market (as 

defined in section 122(j) of title 17, United 

States Code) to grant retransmission consent 

under this section to a [MVPD], unless such 

stations are directly or indirectly under 

common de jure control permitted under the 

regulations of the Commission.9

5. In accordance with our statutory 

mandate in section 325(b)(3)(C), we 

revise § 76.65(b) of our rules to 

incorporate this new provision virtually 

verbatim. Specifically, we repeal 

§ 76.65(b)(1)(viii) of our rules (governing 

joint negotiation of retransmission 

consent) and replace that provision with 

language implementing new section 

325(b)(3)(C)(iv) of the Act. We take this 

action based on our conclusion that the 

prohibition on joint negotiation in new 

section 325(b)(3)(C)(iv) is broader than, 

and thus supersedes, the Commission’s 

existing prohibition.10

C. Section 103(b) of the STELAR: 

Protections for Significantly Viewed and 

Other Television Signals 

6. In addition, section 103(b) of the 

STELAR amends section 325 by adding 

new subsection 325(b)(3)(C)(v). Read as 

part of section 325(b)(3)(C) in its 

entirety, that new subsection directs the 

Commission to amend its 

retransmission consent rules: 

[to] prohibit a television broadcast station 

from limiting the ability of a [MVPD] to carry 

into the local market (as defined in [S]ection 

122(j) of title 17, United States Code) of such 

station a television signal that has been 

deemed significantly viewed, within the 

meaning of [S]ection 76.54 of title 47, Code 

of Federal Regulations, or any successor 

regulation, or any television broadcast signal 

such distributor is authorized to carry under 

[S]ection 338, 339, 340, or 614 of [the] Act, 

unless such stations are directly or indirectly 

under common de jure control permitted by 

the Commission.11

7. Thus, we amend § 76.65(b) of our 

rules by adding new subsection 

76.65(b)(1)(ix), which incorporates the 

protections for significantly viewed and 

other television signals established in 

section 103(b) of the STELAR. 

D. Section 105 of the STELAR 

8. We amend § 76.1601 of our rules by 

removing the prohibition on deletion or 

repositioning of local commercial 

television stations by cable operators 

during periods in which major 

television ratings services measure such 

stations’ audience size, otherwise 

known as the ‘‘sweeps prohibition.’’ 12

Section 105(a) of the STELAR amends 

section 614(b)(9) of the Act by 

eliminating the sweeps prohibition,13

and section 105(b) directs the 

Commission to conform its rules 

accordingly.14 Pursuant to Congress’s 

directive in section 105(b), therefore, we 

amend our rules to eliminate Note 1 of 

§ 76.1601. 

E. ‘‘Good Cause’’ Under Section 

553(b)(B) of the APA 

9. Consistent with previous decisions, 

we amend our rules as set forth above 

without providing for prior public 

notice and comment. Our action here is 

largely ministerial because it simply 

effectuates new sunset dates or other 

provisions established by legislation, 

and requires no exercise of 

administrative discretion. For this 

reason, we conclude that prior notice 

and comment would serve no useful 

purpose and are unnecessary. We, 

therefore, find that this action comes 

within the ‘‘good cause’’ exception to 

the notice and comment requirements of 

the APA.15

III. Procedural Matters 

A. Regulatory Flexibility Act 

10. Because we adopt this Order 

without notice and comment, the 

Regulatory Flexibility Act (RFA) does 

not apply.16

B. Paperwork Reduction Act 

11. This document does not contain 

any new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA).17 In addition, therefore, it does 

not contain any information collection 

burden for small business concerns with 

fewer than 25 employees, pursuant to 

the Small Business Paperwork Relief 

Act of 2002.18


Rmajette on DSK2VPTVN1PROD with RULES
11330 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 

19See 5 U.S.C. 801(a)(1)(A). 

C. Congressional Review Act 

12. The Commission will send a copy 

of this Order in a report to be sent to 

Congress and the Government 

Accountability Office, pursuant to the 

Congressional Review Act.19

D. Additional Information 

13. For more information, contact 

Raelynn Remy, Raelynn.Remy@fcc.gov, 

Policy Division, Media Bureau, (202) 

418–2936. 

IV. Ordering Clauses 

14. Accordingly, IT IS ORDERED that, 

pursuant to the authority found in 

sections 4(i), 4(j), 303(r), 325 and 614 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 

303(r), 325, and 534, and sections 101, 

103 and 105 of the STELA 

Reauthorization Act of 2014, Public Law 

113–200, 128 Stat. 2059 (2014), this 

Order IS ADOPTED and the 

Commission’s rules ARE HEREBY 

AMENDED as set forth below. 

15. IT IS FURTHER ORDERED that, 

pursuant to the authority found in 

sections 4(i), 4(j), 303(r), 325 and 614 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 

303(r), 325, and 534, and sections 101, 

103 and 105 of the STELA 

Reauthorization Act of 2014, Public Law 

113–200, 128 Stat. 2059 (2014), the rules 

SHALL BE EFFECTIVE thirty (30) days 

after the date of publication in the 

Federal Register. 

16. IT IS FURTHER ORDERED that 

the Commission shall send a copy of 

this Order in MB Docket No. 15–37 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 

Cable television. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

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 

■ 1. Amend the authority citation for 

part 76 to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 302a, 303, 303a, 307, 308, 309, 312, 

315, 317, 325, 338, 339, 340, 341, 503, 521, 

522, 531, 532, 534, 535, 536, 537, 543, 544, 

544a, 545, 548, 549, 552, 554, 556, 558, 560, 

561, 571, 572, 573. 

■ 2. Section 76.64 is amended by 

revising paragraphs (b)(3)(ii) and (l) to 

read as follows: 

§ 76.64 Retransmission consent. 

* * * * * 

(b) * * * 

(3) * * * 

(ii) The broadcast station is owned or 

operated by, or affiliated with a 

broadcasting network, and the 

household receiving the signal is an 

unserved household. This paragraph 

shall terminate at midnight on 

December 31, 2019, provided that if 

Congress further extends this date, the 

rules remain in effect until the statutory 

authorization expires. 

* * * * * 

(l) Exclusive retransmission consent 

agreements are prohibited. No television 

broadcast station shall make or negotiate 

any agreement with one multichannel 

video programming distributor for 

carriage to the exclusion of other 

multichannel video programming 

distributors. This paragraph shall 

terminate at midnight on January 1, 

2020, provided that if Congress further 

extends this date, the rules remain in 

effect until the statutory authorization 

expires. 

* * * * * 

■ 3. Section 76.65 is amended by 

revising paragraph (b)(1)(viii) and by 

adding paragraph (b)(1)(ix) and revising 

paragraph (f) to read as follows: 

§ 76.65 Good faith and exclusive 

retransmission consent complaints. 

* * * * * 

(b) * * * 

(1) * * * 

(viii) Coordination of negotiations or 

negotiation on a joint basis by two or 

more television broadcast stations in the 

same local market (as defined in 17 

U.S.C. 122(j)) to grant retransmission 

consent to a multichannel video 

programming distributor, unless such 

stations are directly or indirectly under 

common de jure control permitted 

under the regulations of the 

Commission. 

(ix) The imposition by a television 

broadcast station of limitations on the 

ability of a multichannel video 

programming distributor to carry into 

the local market (as defined in 17 U.S.C. 

122(j)) of such station a television signal 

that has been deemed significantly 

viewed, within the meaning of § 76.54 

of this part, or any successor regulation, 

or any other television broadcast signal 

such distributor is authorized to carry 

under 47 U.S.C. 338, 339, 340 or 534, 

unless such stations are directly or 

indirectly under common de jure 

control permitted by the Commission. 

* * * * * 

(f) Termination of rules. This section 

shall terminate at midnight on January 

1, 2020, provided that if Congress 

further extends this date, the rules 

remain in effect until the statutory 

authorization expires. 

§ 76.1601 [Amended]. 

■ 4. Amend § 76.1601 by removing Note 

1. 

[FR Doc. 2015–04337 Filed 3–2–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XD790 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Increase 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; in-season trip 

limit increase. 

SUMMARY: NMFS increases the trip limit 

in the commercial sector for king 

mackerel in the Florida east coast 

subzone to 75 fish per day in or from the 

exclusive economic zone (EEZ). This 

trip limit increase is necessary to 

maximize the socioeconomic benefits 

associated with harvesting the quota. 

DATES: This rule is effective 12:01 a.m., 

local time, March 1, 2015, through 

March 31, 2015, unless NMFS publishes 

a superseding document in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 


Rmajette on DSK2VPTVN1PROD with RULES