On September 2, 2015, the Commission released a Report and Order (Order), FCC 15-111, in MB Docket No. 15-71, adopting 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. Section 102 of the STELAR, and the Commission’s actions in the Report and Order, establish a market modification process for the satellite carriage context and, to the extent possible, seek to address satellite subscribers’ inability to receive in-state programming in certain areas, sometimes called “orphan counties.” In the Report and Order, consistent with Congress’ intent that the Commission model the satellite market modification process on the current cable market modification process, the Commission implements 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.
US Code:
47 USC 338, 534
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 151, 154(i), 303(r)
Name of Law: Cable Television Consumer Protection and Competition Act of 1992
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:
(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;
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.
Supporting Statement OMB 3060-0546 2018.docx
Section 76.59, Definition of Markets for Purposes of the Cable Television Mandatory Television Broadcast Signal Carriage Rules