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OMB Control No: 3060-0546	ICR Reference No: 202108-3060-019
Status: Historical Active	Previous ICR Reference No: 201812-3060-005
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: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/31/2021
	Date Received in OIRA: 08/31/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2024	36 Months From Approved	12/31/2021
Responses	130	0	200
Time Burden (Hours)	958	0	1,486
Cost Burden (Dollars)	640,150	0	1,387,950

Abstract: 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.

Authorizing Statute(s): 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

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 34750	06/30/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 34750	06/30/2021
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	130	200	-70
Annual Time Burden (Hours)	958	1,486	-528
Annual Cost Burden (Dollars)	640,150	1,387,950	-747,800

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: There are no program changes to this collection. There are adjustments to the collection as follows: -60 to the number of respondents, -70 to the annual number of responses, -528 to the annual burden hours and -$747,800 to the annual cost. These adjustments are based on data and experience with the filings for this collection.

Annual Cost to Federal Government: $128,497

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. 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? No

Agency Contact: Evan Baranoff 202 418-7142

View ICR - OIRA Conclusion