Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations 6593

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[FR Doc. 05–1995 Filed 2–7–05; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATION 

COMMISSION 

47 CFR PART 0 

[DA 05–43] 

Freedom of Information Act

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Federal Communications 

Commission is modifying a section of 

the Commission’s rules that implement 

the Freedom of Information Act (FOIA) 

Fee Schedule. This modification 

pertains to the charge for recovery of the 

full, allowable direct costs of searching 

for and reviewing records requested 

under the FOIA and the Commission’s 

rules, unless such fees are restricted or 

waived. The fees are being revised to 

correspond to modifications in the rate 

of pay approved by Congress.

DATES: Effective February 8, 2005.

FOR FURTHER INFORMATION CONTACT:

Shoko B. Hair, Freedom of Information 

Act Officer, Office of Performance 

Evaluation and Records Management, 

Room 1–A827, Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554, (202) 418–1379 

or via Internet at shoko.hair@fcc.gov.

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission is 

modifying § 0.467(a) of the 

Commission’s rules. This rule pertains 

to the charges for searching and 

reviewing records requested under the 

FOIA. The FOIA requires federal 

agencies to establish a schedule of fees 

for the processing of requests for agency 

records in accordance with fee 

guidelines issued by the Office of 

Management and Budget (OMB). In 

1987, OMB issued its Uniform Freedom 

of Information Act Fee Schedule and 

Guidelines. However, because the FOIA 

requires that each agency’s fees be based 

upon its direct costs of providing FOIA 

services, OMB did not provide a 

unitary, government-wide schedule of 

fees. The Commission based its FOIA 

Fee Schedule on the grade level of the 

employee who processes the request. 

Thus, the Fee Schedule was computed 

at a Step 5 of each grade level based on 

the General Schedule effective January 

1987 (including 20 percent for 

personnel benefits). The Commission’s 

rules provide that the Fee Schedule will 

be modified periodically to correspond 

with modifications in the rate of pay 

approved by Congress. See 47 CFR 

0.467(a)(1) note. 

In an Order adopted on January 14, 

2005 and released on January 24, 2005 

(DA 05–43), the Managing Director 

revised the schedule of fees set forth in 

47 CFR 0.467 for the recovery of the full, 

allowable direct costs of searching for 

and reviewing agency records requested 

pursuant to the FOIA and the 

Commission’s rules, 47 CFR 0.460, 

0.461. The revisions correspond to 

modifications in the rate of pay, which 

was approved by Congress. 

These modifications to the Fee 

Schedule do not require notice and 

comment because they merely update 

the Fee Schedule to correspond to 

modifications in rates of pay, as 

required under the current rules. The 

Commission will not send a copy of this 

Order pursuant to the Congressional 

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

because the rules are a matter of agency 

organization, procedure, or practice that 

do not substantially affect the rights or 

obligations of non-agency parties. 

Accordingly, pursuant to the 

authority contained in § 0.231(b) of the 

Commission’s rules, 47 CFR 0.231 (b), it 

is hereby ordered, that, effective on 

February 8, 2005, the Fee Schedule 

contained in § 0.467 of the 

Commission’s rules, 47 CFR 0.467, is 

amended, as described herein.

List of Subjects in 47 CFR Part 0 

Freedom of information.

Federal Communications Commission. 

Andrew S. Fishel, 

Managing Director.

Rule Changes

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 0 as 

follows:

PART 0—COMMISSION 

ORGANIZATION

■ 1. The authority citation for part 0 

continues to read as follows:

Authority: 47 U.S.C. 155, unless otherwise 

noted.

■ 2. Section 0.467 is amended by 

revising the last sentence of paragraph 

(a)(1), the table in paragraph (a)(1) and its 

note, and paragraph (a)(2) to read as 

follows:

§ 0.467 Search and review fees. 

(a)(1) * * * The fee is based on the 

grade level of the employee(s) who 

conduct(s) the search or review, as 

specified in the following schedule:

Grade Hourly fee 

GS–1 ............................. 12.10 

GS–2 ............................. 13.18 

GS–3 ............................. 14.84 

GS–4 ............................. 16.67 

GS–5 ............................. 18.65 

GS–6 ............................. 20.78 

GS–7 ............................. 23.10 

GS–8 ............................. 25.58 

GS–9 ............................. 28.26 

GS–10 ........................... 31.12 

GS–11 ........................... 34.19 

GS–12 ........................... 40.98 

GS–13 ........................... 48.73 

GS–14 ........................... 57.59 

GS–15 ........................... 67.74 

Note: These fees will be modified 

periodically to correspond with 

modifications in the rate of pay approved by 

Congress.

(2) The fees in paragraph (a) (1) of this 

section were computed at Step 5 of each 

grade level based on the General 

Schedule effective January 2005 and 

include 20 percent for personnel 

benefits.

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[FR Doc. 05–2426 Filed 2–7–05; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76

[MB Docket No. 05–28; DA 05–169] 

Inquiry Regarding the Impact of 

Certain Rules on Competition in the 

Multichannel Video Programming 

Distribution Market

AGENCY: Federal Communications 

Commission.

ACTION: Review of rules and statutory 

provisions; solicitation of comments. 

SUMMARY: This document solicits public 

comment on the impact of certain 

provisions of the Communications Act 

of 1934, as amended, and Commission 

rules on competition in the 

multichannel video programming 

distribution market. The Commission is 

required by legislative mandate to 

submit a report to Congress based on the 

results of this inquiry no later than 

September 8, 2005.

DATES: Comments may be filed on or 

before March 1, 2005, and reply 

comments may be filed on or before 

March 16, 2005.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Marcia Glauberman, Media Bureau, 

6594 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations 

1See 47 CFR 76.92 and 76.93. The Commission’s 

rules provide stations such protection within a 35-

mile geographic zone (or 55 miles in smaller 

markets), which extends from the reference point of 

the community of license of the television station. 

See 47 CFR 73.658(m), 76.53, and 76.92 Note.

2See 47 CFR 76.101 and 76.103. The 

Commission’s rules provide such protection within 

a station’s 35-mile geographic zone, which extends 

from the reference point of the community of 

license of the television station. See 47 CFR 

73.658(m), 76.53, and 76.101 Note.

(202) 418–7046, TTY (202) 418–7172, or 

via e-mail at 

Marcia.Glauberman@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s document 

in MB Docket No. 05–28, DA 05–169, 

released January 25, 2005. The complete 

text of the document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street, SW., 

Washington, DC 20554, and may also be 

purchased from the Commission’s copy 

contractor, BCPI, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact BCPI, Inc. via their Web site, 

http://www.bcpi.com, or call 1–800–

378–3160. 

Synopsis 

1. On December 8, 2004, the Satellite 

Home Viewer Extension and 

Reauthorization Act of 2004 (SHVERA) 

was enacted. (The Satellite Home 

Viewer Extension and Reauthorization 

Act, Pub. L. 108–447; 118 Stat. 2809 

(2004). SHVERA was enacted as Title IX 

of the Consolidated Appropriations Act, 

2005.) Section 208 of SHVERA requires 

the Commission to conduct an inquiry 

on the impact of specific provisions of 

the Communications Act of 1934, as 

amended, and Commission rules on 

competition in the multichannel video 

programming distribution (MVPD) 

market. The Commission is required to 

submit a report to Congress on the 

results of its inquiry no later than nine 

months after SHVERA’s enactment (i.e., 

September 8, 2005). 

2. By this document, the Media 

Bureau (Bureau) initiates the inquiry 

required by section 208 and seeks 

comment for use in preparation of the 

required report. Section 208 states:

STUDY OF IMPACT ON CABLE 

TELEVISION SERVICE 

(a) STUDY REQUIRED—No later than 9 

months after the date of enactment of the 

Satellite Home Viewer Extension and 

Reauthorization Act of 2004, the Federal 

Communications Commission shall complete 

an inquiry regarding the impact on 

competition in the multichannel video 

programming distribution market of the 

current retransmission consent, network 

nonduplication, syndicated exclusivity, and 

sports blackout rules, including the impact of 

those rules on the ability of rural cable 

operators to compete with the direct 

broadcast satellite industry in the provision 

of digital broadcast television signals to 

consumers. Such report shall include such 

recommendations for changes in any 

statutory provisions relating to such rules as 

the Commission deems appropriate. 

(b) REPORT REQUIRED—The Federal 

Communications Commission shall submit a 

report on the results of the inquiry required 

by subsection (a) to the Committee on Energy 

and Commerce of the House of 

Representatives and the Committee on 

Commerce, Science, and Transportation of 

the Senate not later than 9 months after the 

date of the enactment of this Act. (SHVERA, 

Pub. L. 108–447 sec. 208, 118 Stat. 2809, 

3428–29 (2004).)

The following is a brief explanation of 

the specific rules the Commission’s 

study must address. 

• Retransmission Consent: (47 U.S.C. 

325(b); 47 CFR 76.64–70) In general, 

cable and direct broadcast satellite 

(DBS) operators must obtain 

retransmission consent from a 

commercial broadcast television station 

in order to carry its signal unless the 

broadcaster has elected to be carried 

pursuant to must-carry status. (47 U.S.C. 

325(b); 47 CFR 76.64.) Under 

retransmission consent, the broadcaster 

and cable or DBS operator negotiate an 

agreement that may involve 

compensation in return for permission 

to retransmit the broadcast television 

station.

• The Network Program 

Nonduplication Rules (47 CFR 76.120–

122 and 76.92–95) allow a local 

commercial television station to protect 

its exclusive distribution rights for 

network programming based on its 

affiliate agreement with the network 

within the geographic zone specified in 

the Commission’s rules.1 In the cable 

context, the station may assert these 

rights against duplicative programming 

on a broadcast station carried by a cable 

operator. In the satellite context, 

network nonduplication rights may only 

be asserted against the duplicative 

programming carried on a ‘‘nationally 

distributed superstation.’’ (47 CFR 

76.122, 124. The FCC’s definition of 

‘‘nationally distributed superstation’’

can be found at 47 CFR 76.120.)

• The Syndicated Program 

Exclusivity Rules (47 CFR 76.101–110, 

76.120 and 76.123–125) allow a local 

television broadcast station or 

distributor to protect its exclusive 

distribution rights for syndicated 

programming within the geographic 

zone specified in the Commission’s 

rules.2 In the cable context, the station 

or distributor may assert these rights 

against duplicative programming on a 

broadcast station carried by a cable 

operator. In the satellite context, 

syndicated exclusivity rights may only 

be asserted against the duplicative 

programming carried on a nationally 

distributed superstation.

• The Sports Blackout Rules (47 CFR 

76.111, 76.120, 76.127–130) protect a 

sports team or league’s exclusive 

distribution rights to a local sporting 

event (i.e., a sports team). The sports 

blackout rules are applied only if a local 

TV broadcast station is not carrying the 

local sporting event. If a local TV 

broadcast station does not have 

permission to carry the local game, then 

no other broadcaster’s signal displaying 

the game can be carried by cable or 

satellite to subscribers in the protected 

local blackout zone. (47 CFR 76.128.) 

3. In addition to these existing rules, 

SHVERA also authorizes satellite 

carriers to offer distant digital stations 

and out-of-market ‘‘significantly 

viewed’’ stations to subscribers under 

certain circumstances. (See 47 U.S.C. 

339 and 340, as amended by Sections 

202 and 204 of SHVERA.) Existing 

statutory provisions permit cable 

operators to offer such stations. (17 

U.S.C 111 (a), (c), and (f).) 

4. The Bureau seeks comments, 

information and analysis on how these 

rules, individually or collectively, affect 

competition in the MVPD market. The 

Bureau also seeks studies that measure 

the impact of these rules, either 

individually or collectively, on 

competition generally. The Bureau 

further requests comment and analysis 

on the impact of these rules on the 

ability of rural cable operators to 

compete with DBS in the provision of 

digital broadcast television signals to 

consumers. In addition, the Bureau 

requests recommendations for statutory 

changes regarding these four rules 

affecting competition in the MVPD 

market. 

Procedural Matters 

5. Ex Parte Rules. There are no ex 

parte or disclosure requirements 

applicable to this proceeding pursuant 

to 47 CFR 1.1204(b)(1). 

6. Comment Information. 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 

Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations 6595

Rulemaking Proceedings, 63 FR 24121 

(1998). 

• 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.

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 email 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. 

• 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 messengerdelivered 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 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 should be 

addressed to 445 12th Street, SW., 

Washington DC 20554. 

• People with Disabilities: Contact 

the FCC to request materials in 

accessible formats (braille, large print, 

electronic files, audio format, etc.) by email at FCC504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0531 (voice), 202–

418–7365 (TTY).

Federal Communications Commission. 

William H. Johnson, 

Deputy Chief, Media Bureau.

[FR Doc. 05–2267 Filed 2–7–05; 8:45 am] 

BILLING CODE 6712–01–U