Federal Communications Commission	FCC 20-32


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554

In the Matter of

Modernization of Media Regulation Initiative

Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees

Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations
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MB Docket No. 17-105

MB Docket No. 14-127



MM Docket No. 00-168

ORDER

Adopted:  March 17, 2020	Released:  March 18, 2020

By the Commission:

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, 47 CFR § 73.3526.
 noncommercial educational (NCE) broadcast stations, Id. § 73.3527.
 and cable system operators. Id. § 76.1700.
  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. Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations, MM Docket No. 00-168, Second Report and Order, 27 FCC Rcd 4535 (2012).  The public inspection file rules apply to full power and Class A television stations, and not to low power television or television translators.  
  In 2016, the Commission expanded the online public inspection file requirements to additional entities, including cable operators and broadcast radio licensees. Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, MB Docket No. 14-127, Report and Order, 31 FCC Rcd 526 (2016).  The online file requirements also were expanded to satellite TV (also referred to as “Direct Broadcast Satellite” or “DBS”) providers and satellite radio (also referred to as “Satellite Digital Audio Radio Services” or “SDARS”) in the 2016 Order.  See id. at 527, para. 1.
  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. See id. at 528, para. 3.  The Commission exempted cable systems with fewer than 1,000 subscribers from all online public file requirements and applied the March 1, 2018 timeframe to cable systems with between 1,000 and 5,000 subscribers.  See id.  Accordingly, cable systems with fewer than 1,000 subscribers may continue to retain public file material at their system.
  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. See 47 CFR §§ 73.1943(d), 76.1700(a).
  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. See id. §§ 73.3526(b)(3), 73.3527(b), 76.1700(a).
  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 See id. §§ 73.3526(b), 73.3527(b), 76.1700(a).
 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. Upon completion of the transition to the online public file, we expect that all entities subject to the online public inspection file requirements will be fully compliant.  Broadcast stations that are not in full compliance will be required to self-disclose any non-compliance in their renewal application during the current renewal cycle, and we anticipate that the Media Bureau will initiate enforcement action when necessary as part of the renewal review.

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. 47 CFR §§ 73.3526(b)(2)(i), 73.3527(b)(1).  As reflected in the Appendix, these deletions are in sections 73.3526(b)(1), (b)(2)(i), and 73.3527(b)(1).
  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. Id. §§ 73.3526(b)(2)(i), (b)(3)(i)-(iii); 73.3527(b)(2)(i)-(ii), 76.1700(a).
  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. Id. §§ 73.3526(b)(2)(ii) (“To the extent this section refers to the local public inspection file, it refers to the public file of an individual station, which is either maintained at an accessible place in the community of license or on the Commission’s Web site, depending upon where the documents are required to be maintained under the Commission’s rules.”); 73.3527(b)(2)(iii) (same).  We will retain references to the “local public inspection file” in the cable public file rule, because cable television systems with fewer than 1,000 subscribers are exempt from the online public file requirements.  See id. § 76.1700(d), (f).
  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. Id. § 76.1700(d).  Specifically, we revise section 76.1700(e) to clarify that its provisions involving the location of public file material that continues to be retained at the system apply to “cable television systems exempt from the online public file requirement pursuant to paragraph (d) of this section.”  Similarly we revise section 76.1700(f) to clarify that those systems required to include in the online public file the address of the system’s local public file will be systems that are “exempt from the online public file requirement pursuant to paragraph (d) of this section but opt[] to use it in part while retaining certain documents in the local file that are not available in the Commission’s online file.”  See Appendix (Final Rules).
  We also delete other obsolete language in the public file rules. See Appendix (Final Rules 47 CFR §§ 73.3526(b)(1) and (c)(2), 73.3527(b)(1) and (c)(2)).  Specifically, we delete from these rules obsolete language referencing the Commission’s main studio rules, which were eliminated in 2017.  See Elimination of Main Studio Rule, MB Docket No. 17-106, Report and Order, 32 FCC Rcd 8158 (2017).  We also revise sections 73.3526(c)(1) and 73.3527(c)(1) to pertain only to applicants described in paragraph (b)(1) of those rules (“[a]n applicant for a new station or change of community”), and not permittees or licensees, since the described applicants are the only entities subject to these rules that will not have fully converted to the online public inspection file.  Id. §§ 73.3526(c)(1), 73.3527(c)(1). 

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 sections 73.3526 (Local public inspection file of commercial stations) and 73.3527 (Local public inspection file of noncommercial educational stations) to “online.” We note that the Commission has previously proposed revisions to sections 73.3526(e)(13) and 73.3527(e)(10), covering local public notice announcements, and we thus do not implement any further revisions to those rules here.  These proposed revisions will be considered in an upcoming order.  See Amendment of Section 73.3580 of the Commission’s Rules Regarding Public Notice of the Filing of Applications; Modernization of Media Regulation Initiative; Revision of the Public Notice Requirements of Section 73.3580, MB Docket Nos. 17-264, 17-105, and 05-6, Further Notice of Proposed Rulemaking, 34 FCC Rcd 9251, 9273 (2019).
  In addition, we revise the political file rule (section 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. 47 CFR § 73.1943.  Specifically, as indicated in the Appendix, we revise this rule by adding the word “online” to “online political file” in paragraph (c) and by deleting paragraph (d) in its entirety.
  Finally, we change the word “locally” in section 73.3615 to “in the online public inspection file.” Id. § 73.3615 (“made available for public inspection locally”).

5. The rule revisions adopted in this Order and set forth in the attached Appendix 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. 5 U.S.C. § 553(b)(3)(B).
  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. Supra para. 2.  Because the rules being revised are, as of March 1, 2020, 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, there is “good cause” under 5 U.S.C. § 553(d) to make the rules effective prior to 30 days after publication in the Federal Register.  See 5 U.S.C. § 553(d)(3) (stating that publication of a substantive rule shall be made not less than 30 days before its effective date, “except . . . as otherwise provided by the agency for good cause found and published with the rule”).

6. Because these rule changes do not require notice and comment, the Regulatory Flexibility Act 5 U.S.C. § 601 et seq.  See id. § 601(2).
 does not apply.
7. This Order does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA). Public Law 104-13.
  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. Public Law 107-198; see 44 U.S.C. § 3506(c)(4).
 
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. For more information about this proceeding, contact Diana Sokolow of the Policy Division, Media Bureau, at diana.sokolow@fcc.gov or (202) 418-2120.
10. 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 Appendix, 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).  
11. 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.
						FEDERAL COMMUNICATIONS COMMISSION




						Marlene H. Dortch
						Secretary
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	Federal Communications Commission	FCC 20-32


APPENDIX

Final Rules

For ease of review, the final rules set forth below show amendments in bold/underline (for additions) and strikethrough (for deletions).

The Federal Communications Commission amends 47 CFR parts 73 and 76 to read 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.	Revise § 73.1943 paragraph (c) and delete paragraph (d) as follows:

§ 73.1943 Political file.

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(c) All records required by this paragraph shall be placed in the online political file as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances.

(d) Location of the file. A licensee or applicant must post all of the contents added to its political file after the effective date of this paragraph in the political file component of its online public file hosted by the Commission. A station must retain in its political file maintained at the station, at the location specified in §73.3526(b) or §73.3527(b), all material required to be included in the political file and added to the file prior to the effective date of this paragraph, unless the station elects voluntarily to place these materials in the Commission’s online public file. The online political file must be updated in the same manner as paragraph (c) of this section.

3.	Revise § 73.3526 title and paragraphs (b) and (c) to read as follows:

§ 73.3526 Local Online public inspection file of commercial stations.

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(b) Location of the file. The public inspection file shall be located as follows: 

(1) For radio licensees temporarily exempt from the online public file hosted by the Commission, as discussed in paragraph (b)(2) of this section, a hard copy of the public inspection file shall be maintained at an accessible place in the community of license, unless the licensee elects voluntarily to place the file online as discussed in paragraph (b)(2) of this section. An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license. If as of January 8, 2018 a broadcast station maintains a hard copy of all or a portion of its public inspection file at a main studio that either complied with the Commission’s main studio rule (47 CFR 73.1125 (2016)) but is not within the station’s community of license, or was deemed a permissible location for the station’s public inspection file pursuant to a waiver of the main studio rule, and if the station retains that studio, then that studio is a permissible location for the station’s hard copy public inspection file. Any reference in this section to “an accessible place in the community of license” shall be deemed to include such a studio.

(2)(i) A television or radio station licensee or applicant, and any radio station licensee or applicant not temporarily exempt as described in this paragraph (b)(2)(i), shall place the contents required by paragraph (e) of this section of its public inspection file in the online public file hosted by the Commission, with the exception of the political file as required by paragraph (e)(6) of this section, as discussed in paragraph (b)(3) of this section. Any radio station not in the top 50 Nielsen Audio markets, and any radio station with fewer than five full-time employees, shall continue to retain the public inspection file at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section until March 1, 2018. However, any radio station that is not required to place its public inspection file in the online public file hosted by the Commission before March 1, 2018 may choose to do so, instead of retaining the public inspection file at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section.

(ii) A station must provide a link to the public inspection file hosted on the Commission’s Web site from the home page of its own Web site, if the station has a Web site, and provide contact information on its Web site for a station representative that can assist any person with disabilities with issues related to the content of the public files. A station also is required to include in the online public file the station’s address and telephone number, and the email address of the station’s designated contact for questions about the public file. To the extent this section refers to the local public inspection file, it refers to the public file of an individual station, which is either maintained at an accessible place in the community of license or on the Commission’s Web site, depending upon where the documents are required to be maintained under the Commission’s rules.

(3)(i) A licensee or applicant shall place the contents required by paragraph (e)(6) of this section of its political inspection file in the online public file hosted by the Commission. Political inspection file material already in existence 30 days after the effective date of this provision, if not placed in the online public file hosted by the Commission, shall continue to be retained at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section until the end of its retention period.

(ii) Any television station not in the top 50 DMAs, and any station not affiliated with one of the top four broadcast networks, regardless of the size of the market it serves, shall continue to retain the political file at the station in the manner discussed in paragraph (b)(1) of this section until July 1, 2014. For these stations, effective July 1, 2014, any new political file material shall be placed in the online file hosted by the Commission, while the material in the political file as of July 1, 2014, if not placed in the Commission’s Web site, shall continue to be retained at the station in the manner discussed in paragraph (b)(1) of this section until the end of its retention period. However, any station that is not required to place its political file in the online file hosted by the Commission before July 1, 2014 may choose to do so, instead of retaining the political file at the station in the manner discussed in paragraph (b)(1) of this section. For purposes of this paragraph (b)(3)(ii), the “manner discussed in paragraph (b)(1) of this section” refers to maintaining a hard copy of the public inspection file at the main studio of the station as described in paragraph (b)(1) prior to January 8, 2018. See 47 CFR 73.3526(b)(1) (2016).

(iii) Any radio station not in the top 50 Nielsen Audio markets, and any radio station with fewer than five full-time employees, shall continue to retain the political file at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section until March 1, 2018. For these stations, effective March 1, 2018, any new political file material shall be placed in the online public file hosted by the Commission, while the material already existing in the political file as of March 1, 2018, if not placed in the online public file hosted by the Commission, shall continue to be retained at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section until the end of its retention period. However, any station that is not required to place its political file on the Commission’s Web site before March 1, 2018, may choose to do so, instead of retaining the political file at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section.

(43) The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files, to the extent that the Commission has these items electronically: authorizations, applications, contour maps; ownership reports and related materials; portions of the Equal Employment Opportunity file held by the Commission; “The Public and Broadcasting”; Letters of Inquiry and other investigative information requests from the Commission, unless otherwise directed by the inquiry itself; Children’s television programming reports; and DTV transition education reports. In the event that the online public file does not reflect such required information, the licensee will be responsible for posting such material.

(c) Access to material in the file. (1) For any applicant, permittee, or licensee described in paragraph (b)(1) of this section that does not include all material described in paragraph (e) of this section in the online public file hosted by the Commission, the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license. The applicant, permittee, or licensee must provide information regarding the location of the file, or the applicable portion of the file, within one business day of a request for such information. All or part of the file may be maintained in a computer database, as long as a computer terminal is made available, at the location of the file, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant, permittee, or licensee may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days.

(2) The applicant, permittee, or licensee who maintains its public file outside its community of license (see paragraph (b)(1) of this section) shall:

(i) Make available to persons within its geographic service area, by mail upon telephone request, photocopies of documents in the file (see §73.3526(c)(1)), excluding the political file (see §73.3526(e)(6)), and the station shall pay postage;

(ii) Mail the most recent version of “The Public and Broadcasting” to any member of the public that requests a copy; and

(iii) Be prepared to assist members of the public in identifying the documents they may ask to be sent to them by mail, for example, by describing to the caller, if asked, the period covered by a particular report and the number of pages included in the report.

Note to paragraph (c)(2): For purposes of this section, geographic service area includes the area within the Grade B contour for TV, 1 mV/m contour for all FM station classes except .7 mV/m for Class B1 stations and .5 mV/m for Class B stations, and .5 mV/m contour for AM stations.

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4.	Revise § 73.3527 title and paragraphs (b) and (c) to read as follows:

§ 73.3527 Local Online public inspection file of noncommercial educational stations.

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(b) Location of the file. The public inspection file shall be located as follows:

(1) For radio licensees, a hard copy of the public inspection file shall be maintained at an accessible place in the community of license until March 1, 2018, except that, as discussed in paragraph (b)(2)(ii) of this section, any radio station may voluntarily place its public inspection file in the online public file hosted by the Commission before March 1, 2018, if it chooses to do so, instead of retaining the file at an accessible place in the community of license. An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license. If as of January 8, 2018 a broadcast station maintains a hard copy of all or a portion of its public inspection file at a main studio that either complied with the Commission’s main studio rule (47 CFR 73.1125 (2016)) but is not within the station’s community of license, or was deemed a permissible location for the station’s public inspection file pursuant to a waiver of the main studio rule, and if the station retains that studio, then that studio is a permissible location for the station’s hard copy public inspection file. Any reference in this section to “an accessible place in the community of license” shall be deemed to include such a studio.

(2)(i) A noncommercial educational television or radio station licensee or applicant shall place the contents required by paragraph (e) of this section of its public inspection file in the online public file hosted by the Commission, with the exception of the political file as required by paragraph (e)(5) of this section, which may be retained at the station in the manner discussed in paragraph (b)(1) of this section until July 1, 2014. Effective July 1, 2014, any new political file material shall be placed in the online public file hosted by the Commission, while the material in the political file as of July 1, 2014, if not placed in the Commission’s online public file, shall continue to be retained at the station in the manner discussed in paragraph (b)(1) of this section until the end of its retention period. However, any noncommercial educational station that is not required to place its political file in the online public file hosted by the Commission before July 1, 2014 may choose to do so instead of retaining the political file at the station in the manner discussed in paragraph (b)(1) of this section. For purposes of this paragraph (b)(2)(i), the “manner discussed in paragraph (b)(1) of this section” refers to maintaining a hard copy of the public inspection file at the main studio of the station as described in paragraph (b)(1) prior to January 8, 2018. See 47 CFR 73.3527(b)(1) (2016).

(ii) Beginning March 1, 2018, noncommercial educational radio station licensees and applicants shall place the contents required by paragraph (e) of this section in the online public inspection file hosted by the Commission. For these stations, effective March 1, 2018, any new political file material shall be placed in the Commission’s online public file, while the material in the political file as of March 1, 2018, if not placed in the Commission’s online public file, shall continue to be retained at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section until the end of its retention period. However, any radio station that is not required to place its public inspection file in the online public file hosted by the Commission before March 1, 2018, may choose to do so, instead of retaining the public inspection file at an accessible place in the community of license in the manner discussed in paragraph (b)(1) of this section.

(iii) A station must provide a link to the online public inspection file hosted by the Commission from the home page of its own Web site, if the station has a Web site, and provide contact information for a station representative on its Web site that can assist any person with disabilities with issues related to the content of the public files. A station also is required to include in the online public file hosted by the Commission the station’s address and telephone number, and the email address of the station’s designated contact for questions about the public file. To the extent this section refers to the local public inspection file, it refers to the public file of an individual station, which is either maintained at an accessible place in the community of license or on the Commission’s Web site, depending upon where the documents are required to be maintained under the Commission’s rules.

(3) The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files, to the extent that the Commission has these items electronically: Authorizations; applications; contour maps; ownership reports and related materials; portions of the Equal Employment Opportunity file held by the Commission; and “The Public and Broadcasting”.

(c) Access to material in the file. (1) For any applicant, permittee, or licensee described in paragraph (b)(1) of this section that does not include all material described in paragraph (e) of this section in the online public file hosted by the Commission, the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license. The applicant, permittee, or licensee must provide information regarding the location of the file, or the applicable portion of the file, within one business day of a request for such information. All or part of the file may be maintained in a computer database, as long as a computer terminal is made available, at the location of the file, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant, permittee, or licensee may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days.

(2) The applicant, permittee, or licensee who maintains its public file outside its community of license (see paragraph (b)(1) of this section) shall:

(i) Make available to persons within its geographic service area, by mail upon telephone request, photocopies of documents in the file (see §73.3527(c)(1)), excluding the political file (see §73.3527(e)(5)), and the station shall pay postage;

(ii) Mail the most recent version of “The Public and Broadcasting” to any member of the public that requests a copy; and

(iii) Be prepared to assist members of the public in identifying the documents they may ask to be sent to them by mail, for example, by describing to the caller, if asked, the period covered by a particular report and the number of pages included in the report.

Note to paragraph (c)(2): For purposes of this section, geographic service area includes the area within the protected service contour in a particular service: Grade B contour for TV, 1 mVm contour for all FM station classes except .7 mV/m for Class B1 stations and .5 mV/m for Class B stations, and .5 mV/m contour for AM stations.

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5.	Revise § 73.3615 paragraph (g) to read as follows:

§ 73.3615 Ownership reports.

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(g) A copy of all ownership and supplemental ownership reports and related materials filed pursuant to this section shall be maintained and made available for public inspection locally in the online public inspection file as required by §§73.3526 and 73.3527.

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.	Revise § 76.1700 paragraphs (a), (e), and (f) to read as follows:

§ 76.1700 Records to be maintained by cable system operators.

(a) Public inspection file. The following records must be placed in the online public file hosted by the Commission, except as indicated in paragraph (d) of this section and except that the records listed in paragraph (a)(1) of this section (political file) that are in existence 30 days after the effective date of this provision, if not placed in the online file, shall continue to be retained at the system and made available to the public in the manner discussed in paragraph (e) of this section until the end of the retention period. In addition, any cable system with fewer than 5,000 subscribers shall continue to retain the political file at the system in the manner discussed in paragraph (e) of this section until March 1, 2018. For these systems, effective March 1, 2018, any new political file material shall be placed in the online file hosted by the Commission, while the material in the political file as of March 1, 2018, if not placed in the Commission’s online public file, shall continue to be retained at the system in the manner discussed in paragraph (e) of this section until the end of its retention period. However, any system that is not required to place its political file in the Commission’s online public file before March 1, 2018 may choose to do so, instead of retaining the political file at the system in the manner discussed in paragraph (e) of this section.

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(e) Location of records.  For cable television systems exempt from the online public file requirement pursuant to paragraph (d) of this section, pPublic file material that continues to be retained at the system shall be retained in a public inspection file maintained at the office in the community served by the system that the system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber complaints, and other business and, if the system operator does not maintain such an office in the community, at any accessible place in the communities served by the system (such as a public registry for documents or an attorney’s office). Public file locations will be open at least during normal business hours and will be conveniently located. The public inspection file shall be available for public inspection at any time during regular business hours for the facility where they are kept. All or part of the public inspection file may be maintained in a computer database, as long as a computer terminal capable of accessing the database is made available, at the location of the file, to members of the public who wish to review the file.  

(f) Links and contact and geographic information. A system must provide a link to the public inspection file hosted on the Commission’s Web site from the home page of its own Web site, if the system has a Web site, and provide contact information on its Web site for a system representative who can assist any person with disabilities with issues related to the content of the public files. A system also is required to include in the online public file the address of the system’s local public file, if the system is exempt from the online public file requirement pursuant to paragraph (d) of this section but opts to use it in part while retainings certain documents in the local file that are not available in the Commission’s online file, and the name, phone number, and email address of the system’s designated contact for questions about the public file. In addition, a system must provide on the online public file a list of the five digit ZIP codes served by the system. To the extent this section refers to the local public inspection file, it refers to the public file of a physical system, which is either maintained at the location described in paragraph (e) or on the Commission’s Web site, depending upon where the documents are required to be maintained under the Commission’s rules. 

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