[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Rules and Regulations]
[Pages 22652-22653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07968]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 20-61; DA 20-375; FRS 16638]
Implementation of the Truth-in-Billing Provisions of the
Television Viewer Protection Act of 2019
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Media Bureau, Federal Communications
Commission (Commission), grants a blanket extension until December 20,
2020, of the effective date of new truth-in-billing requirements in the
Television Viewer Protection Act of 2019.
DATES: This order is effective April 23, 2020.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Raelynn Remy of the Media Bureau, Policy Division,
at Raelynn.Remy@fcc.gov or (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Order, DA 20-375, adopted and released on April 3, 2020. 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://docs.fcc.gov/public/attachments/DA-20-375A1.doc. 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. As the nation tackles the COVID-19 pandemic, multichannel video
programming distributors (MVPDs) and providers of fixed broadband
internet access service are among the entities that are integral to the
Commission's ongoing, nationwide effort to keep Americans informed and
connected during this national emergency. So that these service
providers may focus their resources on this critical effort, we provide
appropriate flexibility for MVPDs and providers of fixed broadband
internet access service to fulfill their obligations under the
Television Viewer Protection Act of 2019 (TVPA). Specifically, by this
Order, we exercise our discretion under the TVPA to grant a blanket
extension until December 20, 2020, of the effective date of new truth-
in-billing requirements set forth in section 642 of the Communications
Act of 1934, as amended (the Act), as added by section 1004 of the
TVPA.
2. Section 642 of the Act requires MVPDs to ``give consumers a
breakdown of all charges related to the MVPD's video service'' before
entering into a contract with a consumer for service \1\ and also
provides consumers 24 hours in which to cancel such service without
penalty. In addition, section 642 requires greater transparency in
electronic bills and prohibits MVPDs and providers of fixed broadband
internet access service from charging consumers for equipment they do
not provide. Section 642, as added by the TVPA, becomes effective June
20, 2020, six months after the date of enactment of the TVPA; however,
the Commission for ``good cause'' may extend the effective date by six
months. On February 27, 2020, the Media Bureau issued a Public Notice
seeking comment on whether good cause exists for granting a blanket
extension of section 642's effective date by six months, until December
20, 2020.\2\
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\1\ Section 642(a) of the Act, as added by section 1004(a) of
the TVPA, indicates that information about fees and other charges
may be provided by phone, in person, online, or by other reasonable
means, and that a copy of this information must be sent to consumers
by email, online link, or other reasonably comparable means not
later than 24 hours after entering into a contract.
\2\ 85 FR 14869.
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3. Pursuant to section 1004(b) of the TVPA, we find that good cause
exists for granting a blanket extension of section 642's effective date
until December 20, 2020. We note that on March 13, 2020, approximately
two weeks after issuance of the Public Notice in this proceeding, the
President declared a national emergency concerning the COVID-19
pandemic. In view of the evolving and unpredictable nature of the
pandemic, and the additional demands it is placing on MVPDs and
providers of fixed broadband internet access service, we find that
extending section 642's effective date as specified above is both
reasonable and justified and will best serve the public interest.
Compliance with the new truth-in-billing requirements in section 642
may require that subject entities make changes to existing billing
systems, provide employee training, or take other compliance measures,
thereby requiring providers to divert resources away from other
consumer demands brought on by the pandemic. Indeed, we note that these
service providers are the entities principally responsible for
operating and maintaining the infrastructure that Americans
increasingly depend on for continued business and interpersonal
communications during the national emergency. As such, we believe their
foremost obligation at this time is to ensure continuity of service
adequate to meet the nation's needs.\3\ We also conclude, given the
indefinite length of time of the national emergency, that the public
interest would be served best by affording subject entities until
December 20, 2020--the maximum amount of time permitted by the
statute--to come into compliance with the requirements of section 642.
Indeed, we note that industry commenters claimed that an extension was
necessary even if the pandemic had not occurred because six months
likely would not have provided ample time for subject entities to take
the steps needed to implement the relevant TVPA requirements.
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\3\ We note that many MVPDs and providers of fixed broadband
internet access service recently pledged to ensure connectivity for
Americans affected by pandemic-related disruptions. In addition, the
Commission has taken steps to ensure that certain such providers
have adequate capacity to keep Americans connected during the
national emergency.
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4. Moreover, we find that the present national emergency provides
``good cause'' under the Administrative Procedure Act (APA) for
extending section 642's effective date without prior notice and
comment.\4\ As explained above, we have already independently
determined that the national emergency establishes good cause under
section 1004(b) of the TVPA to issue a blanket extension of
[[Page 22653]]
section 642's effective date, rendering notice and comment prior to
extending the effective date ``unnecessary.'' In addition, in light of
the disruptive effect of the national emergency on the daily activities
of entities subject to section 642 and other interested parties, and
the need for MVPDs and providers of fixed broadband internet access
service to focus their resources on the national emergency, we find
that delaying relief under the circumstances would not serve the
purpose of the extension and would fail to yield the public interest
benefits that notice and comment procedures are designed to produce.\5\
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\4\ Given the fact that the TVPA expressly anticipates the need
for the Commission to grant an additional six-month extension of the
compliance date, we believe our doing so for all affected entities
is the most efficient use of both agency and industry resources
given that all such entities face demands brought on by the COVID-19
pandemic. Indeed, issuing a blanket extension here achieves the same
result as granting multiple extensions to individual providers in a
more efficient manner, and thereby avoids delay that could otherwise
result in an unnecessary diversion of industry and Commission
resources during this national crisis.
\5\ Although the pleading cycle for the Public Notice was
scheduled to conclude on April 13, 2020, given our finding of good
cause to dispense with public comment, we hereby rescind the Public
Notice.
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5. Because this blanket extension does not require notice and
comment pursuant to the ``good cause'' exception of the Administrative
Procedure Act, the Regulatory Flexibility Act does not apply.
6. 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.
7. 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).
8. Accordingly, it is ordered that, pursuant to the authority found
in sections 4(i), 4(j), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 154(j), 303(r), section 1004 of the
Television Viewer Protection Act of 2019, section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C. 553, and sections 0.5(c) and
0.283 of the Commission's rules, 47 CFR 0.5(c), 0.283, this Order is
adopted. It is further ordered that, pursuant to section 1.113(a) of
the Commission's rules, 47 CFR 1.113(a), the March 16, 2020 Public
Notice in MB Docket No. 20-61 is hereby rescinded. It is further
ordered that this Order shall be effective upon publication in the
Federal Register.\6\ It is further ordered that, should no petitions
for reconsideration be timely filed, MB Docket No. 20-61 shall be
terminated, and its docket closed.
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\6\ The blanket extension adopted herein serves to ``reliev[e] a
restriction.'' For similar reasons, there is also good cause to make
this Order effective upon Federal Register publication, in order to
provide certainty to affected providers during the current emergency
as to the effective date of the new requirements.
Federal Communications Commission.
Thomas Horan,
Media Bureau.
[FR Doc. 2020-07968 Filed 4-22-20; 8:45 am]
BILLING CODE 6712-01-P