AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

In this document, the Commission makes non-substantive, editorial revisions to the Commission's rules to eliminate regulations that have become unnecessary because they no longer have any applicability. These relevant provisions are now without legal effect and therefore obsolete due to the completion of the transition from local hard copy public inspection files to online public inspection files.

DATES:

This rule is effective April 16, 2020.

FOR FURTHER INFORMATION CONTACT:

For additional information on this proceeding, contact Diana Sokolow, Diana.Sokolow@fcc.gov, of the Policy Division, Media Bureau, (202) 418-2120.

SUPPLEMENTARY INFORMATION:

This is a summary of the Commission's Order, FCC 20-32, adopted on March 17, 2020 and released on March 18, 2020, which is the subject of this rulemaking. 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 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).

Synopsis

1. In this Order, we make non-substantive, editorial revisions to parts 73 and 76 of the Commission's rules to eliminate rules that have become unnecessary because they no longer have any applicability. Specifically, we delete certain rule provisions regarding the maintenance of local public inspection files by commercial broadcast stations, noncommercial educational (NCE) broadcast stations, and cable system operators. These provisions are, or as of the effective date of this Order will be, without legal effect and therefore obsolete due to the completion of the transition from local hard copy public inspection files to online public inspection files. Eliminating this obsolete language will ease review and clarity of the current public file requirements and streamline our rules.

2. In 2012, the Commission first adopted online public inspection file rules for television broadcasters, requiring them to post public file documents to a central, Commission-hosted online database rather than maintaining files locally at their main studios.^[1] In 2016, the Commission expanded the online public inspection file requirements to additional entities, including cable operators and broadcast radio licensees.^[2] To ease compliance burdens for smaller entities with limited financial resources, the Commission delayed for two years, until March 1, 2018, online file obligations for radio stations outside the top 50 markets, radio stations within the top 50 markets with fewer than five fulltime employees, NCE radio stations, and smaller cable operators.^[3] In addition, television stations, radio stations, and cable system operators were not required to upload existing political file material, but only new political file material on a going-forward basis. This phased approach was intended to further smooth the transition for regulated entities and the Commission and to allow smaller entities additional time to begin posting their political files online. Since the last hard copy political file material would have been placed in the file by March 1, 2018, and since all political file material is subject to a two-year retention period, as of March 1, 2020 the transition to the online public file will be complete and the rule revisions adopted herein will be effective as of that date or as of the date of Federal Register publication, whichever is later.^[4]

3. With the transition complete, we adopt this Order to remove the transitional requirements from the public file rules. Specifically, we delete portions of the public file rules that pertain to radio licensees being temporarily exempt from the online public file, since such licensees were no longer exempt as of March 1, 2018. We also delete portions of the rules that pertain to retention of the existing political files in hard copy, which are no longer relevant as of March 1, 2020. In addition, we delete portions of the rules that currently explain what is meant by references to the “local public inspection file,” since such references will not appear in the revised rules.^[5] We add language to the cable public file rules to clarify that only those cable systems that are exempt from the online public file requirement, i.e., those with fewer than 1,000 subscribers, will continue to be permitted to retain public file material at their system.^[6] We also delete other obsolete language in the public file rules.^[7]

4. We make certain additional minor revisions to the rules to reflect the completion of the transition to the online public inspection file. Specifically, we change the word “local” in the current title of §§ 73.3526 (Local public inspection file of commercial stations) and 73.3527 (Local public inspection file of noncommercial educational stations) to “online.” ^[8] In addition, we revise the political file rule (§ 73.1943) to delete language pertaining to retention of the political file at the station and to clarify that the records must be placed in the online political file.^[9] Finally, we change the word “locally” in § 73.3615 to “in the online public inspection file.”

5. The rule revisions adopted in this Order are non-substantive, editorial revisions. Because these revisions merely eliminate provisions that are no longer effective and thus obsolete as of March 1, 2020, and make other related non-substantive edits, we find good cause to conclude that notice and comment procedures are unnecessary and would not serve any useful purpose. As explained above, these revisions will be effective on the latter of March 1, 2020 or the Federal Register publication date, by which time the transition to the online public file will be complete.^[10]

6. Because these rule changes do not require notice and comment, the Regulatory Flexibility Act does not apply.

7. This Order does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA). 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.

8. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that this rule is “non-major” under the Congressional Review Act, 5 U.S.C. 804(2). The Commission will send a copy of the Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

9. Accordingly, IT IS ORDERED that, effective on the latter of March 1, 2020 or the Federal Register publication date, parts 73 and 76 of the Commission's rules ARE AMENDED, as set forth in the attached Final Rules, pursuant to the authority contained in sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and in sections 553(b)(3)(B) and 553(d)(3) of the Administrative Procedure Act, 5 U.S.C 553(b)(3)(B), 553(d)(3).

10. IT IS FURTHER ORDERED that, should no petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 14-127 and MM Docket No. 00-168 SHALL BE TERMINATED and their dockets closed.

List of Subjects

47 CFR Part 73

• Cable television
• Radio
• Television

47 CFR Part 76

• Cable television

Final Rules

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 73 and 76 as follows:

PART 73—RADIO BROADCAST SERVICES

1. The authority citation for part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.

2. Amend § 73.1943 by revising paragraph (c) and removing paragraph (d) as follows:

3. Amend § 73.3526 by

a. Revising the section heading and paragraphs (b)(1) and (2);

b. Removing paragraph (b)(3);

c. Redesignating paragraph (b)(4) as paragraph (b)(3);

d. Revising paragraph (c).

The revisions read as follows:

4. Amend § 73.3527 by

a. Revising the section heading and paragraphs (b)(1) and (b)(2)(i);

b. Removing paragraph (b)(2)(ii);

c. Redesignating paragraph (b)(2)(iii) as paragraph (b)(2)(ii) and revising newly redesignated paragraph (b)(2)(ii); and

d. Revising paragraph (c).

The revisions read as follows.

5. Amend § 73.3615 by revising paragraph (g) to read as follows:

PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

6. 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, 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.

7. Amend § 76.1700 by revising paragraph (a) introductory text, paragraphs (e) and (f) to read as follows:

Footnotes