Section 76.59, Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-0546 (FCC 15-34)(2015).docx Supporting Statement A	2015-04-13

IC Document Collections

IC ID	Document Title	Status
30341	Section 76.59, Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules	Modified

ICR Details

OMB Control No: 3060-0546	ICR Reference No: 201504-3060-005
Status: Historical Inactive	Previous ICR Reference No: 201406-3060-020
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Section 76.59, Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 06/17/2015
	Date Received in OIRA: 04/13/2015
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2018	36 Months From Approved	06/30/2017
Responses	100	0	75
Time Burden (Hours)	976	0	1,440
Cost Burden (Dollars)	1,277,300	0	1,440,000

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Abstract: On March 26, 2015, the Commission released a Notice of Proposed Rulemaking (NPRM), FCC 15-34, in MB Docket No. 15-71, proposing satellite television "market modification" rules ‎to implement Section 102 of the Satellite Television Extension and Localism Act (STELA) Reauthorization Act of 2014 (STELAR). The STELAR amended the Communications Act and the Copyright Act to give the Commission authority to modify a commercial television broadcast station's local television market – defined by The Nielsen Company's Designated Market Area (DMA) in which it is located – to include additional communities or exclude communities for purposes of better effectuating satellite carriage rights. ‎The Commission previously had the authority to modify a station's market only in the cable carriage context. With Section 102 of the STELAR, Congress provides regulatory parity in this regard and intends to promote consumer access to in-state and other relevant television programming. Congress' intent through this provision of STELAR, and the Commission's actions in this NPRM, seek to address satellite subscribers' inability to receive in-state programming in certain areas, sometimes called "orphan counties." In this NPRM, consistent with Congress' intent that the Commission model the satellite market modification process on the current cable market modification process, the Commission proposes ‎to implement Section 102 of the STELAR by revising the current cable market modification rule, Section 76.59, to apply also to satellite carriage, while adding provisions to the rules to address the unique nature of satellite television service.

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Authorizing Statute(s): US Code: 47 USC 151, 154(i), 303(r), 338, 534 Name of Law: Cable Television Consumer Protection and Competition Act of 1992
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AK34	Proposed rulemaking	80 FR 19594	04/13/2015

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 19594	04/13/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 19594	04/13/2015
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Section 76.59, Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	100	75	0	50	-25	0
Annual Time Burden (Hours)	976	1,440	0	488	-952	0
Annual Cost Burden (Dollars)	1,277,300	1,440,000	0	638,650	-801,350	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are proposed program changes to this collection which are due to the proposed information collection requirements adopted in FCC 15-34. Therefore, if the proposed requirements are adopted in a final rulemaking by the Commission, the following will occur to OMB's inventory: an increase of 40 to the number of respondents, an increase of 50 to the number of responses, an increase of 488 to the annual burden hours and an increase of $638,650 to the annual burden cost. There are adjustments to this collection which are due to the Commission reevaluating the existing burdens for this collection. Therefore, the adjustments are as follows: a decrease to the number of respondents of 35, a decrease to the number of responses of 25, a decrease to the annual burden hours of 952 and a decrease to the annual cost of $801,350.

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Annual Cost to Federal Government: $2,251,120

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/13/2015

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