Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Proposed Rules 47683 

1 47 CFR 74.769. 

2 47 CFR 74.1269. 

3Amendment of Part 74 and Other Parts of the 

Commission’s Rules and Regulations Pertaining to 

Television Broadcast Translator Stations, Notice of 

Proposed Rulemaking, 27 FCC 2d 94, para. 1 (1971) 

(proposing to revise and harmonize rules governing 

FM and television translator stations). See also id. 

at 98, para. 12 (adopting section 74.769); id. at 101, 

Appendix, para. 8 (same); Amendment of Part 74 

of the Commission’s Rules and Regulations to 

Permit the Operation of Low Power FM Broadcast 

Translator and Booster Stations, Report and Order, 

35 FR 15383, 15388 (1970) (adopting section 

74.1269). 

4NAB Comments at 23–24. 

5 Id. at 24. 

6 47 CFR 76.1714(a). The requirements of section 

76.1714(a) do not apply to any cable television 

system serving fewer than 1000 subscribers. 47 CFR 

76.1714(b). 

7 47 CFR 11.15. 

8 47 CFR 76.1714(c), 78.67. 

9Amendment of Part 74, Subpart K, of the 

Commission’s Rules and Regulations Relative to 

Community Antenna Television Systems, Cable 

Television Report and Order, 36 FCC 2d 141, 242, 

Appendix A (1972) (adopting a requirement that 

cable television system operators maintain a copy 

of Part 76 of the Commission’s rules). See also id. 

at 257, Appendix A (adopting section 78.67 of the 

Commission’s rules). 

10ACA Comments at 12. 

by a combination of the foregoing 

options, as circumstances require. 

[FR Doc. 2017–22187 Filed 10–12–17; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 74, 76, 78 

[MB Docket No. 17–231; FCC 17–121] 

Amendment of the Commission’s 

Rules Regarding Maintenance of 

Copies of FCC Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) proposes to eliminate 

rules that require certain broadcast and 

cable entities to maintain paper copies 

of Commission regulations. 

DATES: Comments are due on or before 

November 13, 2017; reply comments are 

due on or before November 27, 2017. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 17–231, 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://

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• Mail: 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. 

People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Raelynn Remy of 

the Policy Division, Media Bureau at 

Raelynn.Remy@fcc.gov, or (202) 418– 

2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking, FCC 17–121, 

adopted and released on September 26, 

2017. The full text 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 https://ecfsapi.fcc.gov/file/ 

0926156892954/FCC-17-121A1.pdf. 

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 fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

1. We propose to eliminate the 

requirement, set forth in section 74.769 

of our rules, that licensees or permittees 

of low power TV, TV translator, and TV 

booster stations maintain ‘‘a current 

copy of Volume I and Volume III of the 

Commission’s rules.’’ 1 In addition, we 

propose to eliminate a similar 

requirement, codified in section 74.1269 

of our rules, that licensees or permittees 

of FM translator and FM booster stations 

maintain ‘‘a current copy of Volumes I 

(parts 0, 1, 2 and 17) and III (parts 73 

and 74) of the Commission’s rules.’’ 2

The Commission adopted these 

requirements more than forty years ago 

as part of its regulation of then recently 

established broadcast translator 

services.3 As NAB asserts, such 

obligations no longer appear necessary 

given the immediate availability of 

Commission rules online.4 NAB 

maintains that ‘‘[b]roadcasters can easily 

access and review the rules online, and 

download and print copies of any rules 

as needed.’’ 5 We agree with NAB and 

tentatively conclude that the 

requirement to maintain paper copies of 

rules, which the publisher of the CFR 

updates annually, no longer remains 

necessary. We seek comment on this 

tentative conclusion. 

2. We also tentatively conclude that 

we should eliminate the requirement, 

set forth in section 76.1714(a), that 

certain cable operators maintain a 

current copy of part 76 of the 

Commission’s rules and, if subject to the 

Emergency Alert System (EAS) rules 

contained in part 11 of those rules, an 

EAS Operating Handbook.6 Although 

we recognize the public safety 

importance of having the EAS 

Handbook in close proximity, we note 

that section 11.15 requires that a copy 

of the handbook ‘‘be located at normal 

duty positions or EAS equipment 

locations when an operator is required 

to be on duty and be immediately 

available to staff responsible for 

authenticating messages and initiating 

actions.’’ 7 Given this separate 

requirement, we see no need for a 

duplicate EAS requirement in section 

76.1714(a). We seek comment on this 

tentative conclusion. In addition, we 

tentatively conclude that we should 

eliminate from sections 76.1714(c) and 

78.67 of the Commission’s rules the 

requirement that CARS licensees 

maintain a current copy of part 78 of the 

Commission’s rules and, in cases where 

aeronautical obstruction markings of 

antennas are required, part 17 of such 

rules.8 The Commission adopted these 

requirements decades ago when it 

established a comprehensive regulatory 

framework to govern then-nascent cable 

television service.9 Like the rules 

applicable to broadcasters discussed 

above, we believe these rules have 

outlived their usefulness and no longer 

serve the public interest because, as 

ACA notes, the Commission’s rules are 

available online in the electronic CFR.10

Thus, we tentatively conclude that these 

obligations are no longer necessary. We 

seek comment on this tentative 

conclusion. 

3. Parties opposing elimination of any 

rules discussed in this NPRM should 

explain how the benefits derived from 


nlaroche on DSK9F9SC42PROD with PROPOSALS
47684 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Proposed Rules 

11We are not proposing to eliminate the 

provisions in sections 74.769, 74.1269, 76.1714, and 

78.67 that obligate the subject broadcast and cable 

entities to be familiar with the rules governing their 

respective operations. 

12 47 CFR 1.1200 et seq. 

13 5 U.S.C. 603. The RFA, 5 U.S.C. 601 through 

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). 

14 5 U.S.C. 603(a). 

15 Id. 

16Commission Launches Modernization of Media 

Regulation Initiative, MB Docket No. 17–105, Public 

Notice, FCC 17–58 (MB May 18, 2017) (initiating a 

review of rules applicable to media entities to 

eliminate or modify regulations that are outdated, 

unnecessary or unduly burdensome). 

17 47 CFR 74.769. 

such rules, if any, outweigh the costs.11

We note that no party in the media 

modernization proceeding has asserted 

that any of these rules should be 

retained. 

Initial Paperwork Reduction Act 

Analysis 

4. This document does not contain 

proposed new or revised information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 3501 

through 3520). In addition, therefore, it 

does not contain any new or modified 

‘‘information burden for small business 

concerns with fewer than 25 

employees’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, 44 U.S.C. 

3506(c)(4). 

Ex Parte Rules 

5. Permit-But-Disclose. This 

proceeding shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules.12

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Filing Requirements 

6. Comments and Replies. Pursuant to 

sections 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 the Commission’s 

Electronic Comment Filing System 

(ECFS). Electronic Filing of Documents 

in Rulemaking Proceedings, 63 FR 

24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://

fjallfoss.fcc.gov/ecfs2/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy 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. 

7. Availability of Documents. 

Comments, reply comments, and ex 

parte submissions will be available for 

public inspection during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street SW., CY– 

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS. Documents will be available 

electronically in ASCII, Microsoft Word, 

and/or Adobe Acrobat. 

8. People with Disabilities. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

Additional Information 

9. For additional information on this 

proceeding, contact Raelynn Remy of 

the Policy Division, Media Bureau, at 

raelynn.remy@fcc.gov, or (202) 418– 

2120. 

Initial Regulatory Flexibility Act 

Analysis 

10. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA) 13 the Commission has prepared 

this Initial Regulatory Flexibility Act 

Analysis (IRFA) concerning the possible 

significant economic impact on small 

entities by the rules proposed in this 

Notice of Proposed Rulemaking 

(NPRM). Written public comments are 

requested on this IRFA. Comments must 

be identified as responses to the IRFA 

and must be filed by the deadlines for 

comments provided on the first page of 

the NPRM. The Commission will send 

a copy of the NPRM, including this 

IRFA, to the Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA).14 In addition, the NPRM and 

IRFA (or summaries thereof) will be 

published in the Federal Register.15

A. Need for, and Objectives of, the 

Proposed Rules 

11. The proposed rule changes stem 

from a Public Notice issued by the 

Commission in May 2017 launching an 

initiative to modernize the 

Commission’s media regulations.16 Two 

parties in the proceeding, the National 

Association of Broadcasters (NAB) and 

the American Cable Association (ACA), 

have argued for elimination of the 

recordkeeping requirements at issue as 

outdated and unnecessary. The NPRM 

proposes to eliminate provisions of the 

Commission’s rules that obligate certain 

broadcasters and cable entities to 

maintain paper copies of Commission 

rules. 

12. Specifically, the NPRM proposes 

to eliminate: (i) The requirement that 

licensees or permittees of low power 

TV, TV translator, and TV booster 

stations maintain a copy of Volume I 

and Volume III of the Commission’s 

rules; 17 (ii) the requirement that 

licensees or permittees of FM translator 


nlaroche on DSK9F9SC42PROD with PROPOSALS
Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Proposed Rules 47685 

18 47 CFR 74.1269. 

19 47 CFR 76.1714(a). 

20 47 CFR 76.1714(c), 78.67. The NPRM also 

proposes to make conforming changes to sections 

74.789, 74.787(a)(5)(viii) and 76.1700(d) if the 

Commission eliminates the specified requirements 

in sections 74.769 and 76.1714. 

21 5 U.S.C. 603(b)(3). 

22 5 U.S.C. 601(6). 

23 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in 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 U.S.C. 601(3). 

24 15 U.S.C. 632. Application of the statutory 

criteria of dominance in its field of operation and 

independence are sometimes difficult to apply in 

the context of broadcast television. Accordingly, the 

Commission’s statistical account of television 

stations may be over-inclusive. 

and FM booster stations maintain a copy 

of Volumes I (parts 0, 1, 2 and 17) and 

III (parts 73 and 74) of the Commission’s 

rules; 18 (iii) the requirement that certain 

cable operators maintain a copy of part 

76 of the Commission’s rules and, if 

subject to the Emergency Alert System 

(EAS) rules contained in part 11 of such 

rules, an EAS Operating Handbook; 19

and (iv) the requirements that cable 

television relay station (CARS) licensees 

maintain a copy of part 76 of the 

Commission’s rules and, in cases where 

aeronautical obstruction markings of 

antennas are required, part 17 of such 

rules.20 These proposals are intended to 

reduce outdated regulations and 

unnecessary regulatory burdens that can 

impede competition and innovation in 

media markets. 

B. Legal Basis 

13. The proposed action is authorized 

pursuant to sections 1, 4(i), and 4(j) of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), and 

154(j). 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply 

14. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the proposed rules, if adopted.21 The 

RFA generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ 22 In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act.23 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 SBA.24 The rules 

proposed herein will directly affect 

certain small television and radio 

broadcast stations, and cable entities. 

Below, we provide a list of such small 

entities. 

• Television Broadcasting 

• Radio Stations 

• Cable Companies and Systems 

• Cable System Operators 

• Cable antenna relay service licensees 

D. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

15. Reporting Requirements. The 

NPRM does not propose to adopt 

reporting requirements. 

16. Recordkeeping Requirements. The 

NPRM does not propose to adopt 

recordkeeping requirements. 

17. Other Compliance Requirements. 

The NPRM does not propose to adopt 

other compliance requirements. 

18. Because no commenter provided 

information specifically quantifying the 

costs and administrative burdens of 

complying with the existing 

recordkeeping requirements, we cannot 

precisely estimate the impact on small 

entities of eliminating them. The 

proposed rule revisions, if adopted, will 

afford all affected Commission 

regulatees, including small entities, 

greater flexibility in the manner by 

which they access and stay familiar 

with Commission rules governing their 

services. No party in the proceeding has 

opposed the proposals set forth in the 

NPRM. We thus find it reasonable to 

conclude that the benefits of eliminating 

the rules at issue will outweigh any 

costs. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

19. The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance, rather than 

design, standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for small entities. 

20. The NPRM proposes to eliminate 

the obligation, imposed on certain 

broadcasters and cable regulatees, to 

maintain paper copies of Commission 

rules. Eliminating these requirements is 

intended to modernize the 

Commission’s regulations and reduce 

costs and recordkeeping burdens for 

affected entities, include small entities. 

Whereas under the current rules, 

affected entities must expend time and 

resources maintaining and updating 

hard copies of Commission rules, such 

entities will be able to maintain their 

familiarity with Commission rules by 

accessing those rules online. As noted, 

the proposed rule revisions are 

unopposed. Thus, we anticipate that 

affected small entities only stand to 

benefit from such revisions, if adopted. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rule 

21. None. 

22. We adopt this NPRM pursuant to 

the authority found in sections 1, 4(i), 

and 4(j) of the Communications Act of 

1934, as amended, 47 U.S.C. 151, 154(i), 

and 154(j). 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer, Office of the 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

parts 74, 76 and 78 as follows: 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 1. The authority citation for part 74 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 307, 

309, 310, 336, and 554. 

■ 2. Section 74.769 is revised to read as 

follows: 

§ 74.769 FCC Rules. 

Each licensee or permittee of a station 

authorized under this subpart shall be 

familiar with rules relating to stations 

governed by this subpart. 

■ 3. Section 74.787 is amended by 

revising paragraph (a)(5)(viii) 

introductory text and the table entry for 

§ 74.769 to read as follows: 

§ 74.787 Digital Licensing. 

(a) * * * 

(5) * * * 

(viii) The following sections are 

applicable to analog-to-digital and 

digital-to-digital replacement television 

translator stations: 


nlaroche on DSK9F9SC42PROD with PROPOSALS
47686 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Proposed Rules 

APPLICABLE RULE SECTIONS

* * * * * 

§ 74.769 .................................. FCC Rules. 

* * * * * 

* * * * * 

§ 74.789 [Amended] 

■ 4. Section 74.789 is amended by 

removing § 74.769 Copies of Rules and 

adding § 74.769 FCC Rules. 

■ 5. Section 74.1269 is revised to read 

as follows: 

§ 74.1269 FCC Rules. 

Each licensee or permittee of a station 

authorized under this subpart shall be 

familiar with rules relating to stations 

governed by this subpart. 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 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 and 573. 

■ 2. Section 76.1700 is amended by 

revising paragraph (d) to read as 

follows: 

§ 76.1700 Records to be maintained by 

cable system operators. 

* * * * * 

(d) Exceptions to the public 

inspection file requirements. The 

operator of every cable television system 

having fewer than 1,000 subscribers is 

exempt from the online public file and 

from the public record requirements 

contained in § 76.1701 (political file); 

§ 76.1702 (EEO records available for 

public inspection); § 76.1703 

(commercial records for children’s 

programming); § 76.1704 (proof-ofperformance test data); § 76.1706 (signal 

leakage logs and repair records); 

§ 76.1714 (FCC rules); and § 76.1715 

(sponsorship identification). 

* * * * * 

■ 3. Section 76.1714 is amended by 

revising paragraphs (a) and (c) to read as 

follows: 

§ 6.1714 FCC Rules. 

(a) The operator of a cable television 

system is expected to be familiar with 

the rules governing cable television 

systems and, if subject to the Emergency 

Alert System (EAS) rules contained in 

part 11 of this chapter, the EAS. 

* * * * * 

(c) Both the licensee of a cable 

television relay station (CARS) and the 

operator or operators responsible for the 

proper operation of the station are 

expected to be familiar with the rules 

governing cable television relay stations. 

PART 78—CABLE TELEVISION RELAY 

SERVICE 

■ 1. The authority citation for part 78 

continues to read as follows: 

Authority: 47 U.S.C. 152, 153, 154, 301, 

303, 307, 308, 309. 

■ 2. Section 78.67 is revised to read as 

follows: 

§ 78.67 FCC Rules. 

Both the licensee of a cable television 

relay station (CARS) and the operator or 

operators responsible for the proper 

operation of the station are expected to 

be familiar with the rules governing 

CARS stations. 

[FR Doc. 2017–22183 Filed 10–12–17; 8:45 am] 

BILLING CODE 6712–01–P 


nlaroche on DSK9F9SC42PROD with PROPOSALS