[Federal Register: June 30, 2005 (Volume 70, Number 125)]
[Proposed Rules]
[Page 37728-37731]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn05-31]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 05-6; FCC 05-10]
Revision of the Public Notice Requirements of Section 73.3580
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This Notice of Proposed Rulemaking (``NPRM'') requests comment
on whether we should modify the notice that radio and television
station buyers and sellers are required to provide to the public in
connection with proposed assignments and transfers of control. This
NPRM also seeks comment on whether to eliminate the newspaper
publication exemption for non-commercial educational (``NCE'') stations
and stations that are the only operating station in their broadcast
service in their community of license.
DATES: Comments are due August 1, 2005 and reply comments are due
August 15, 2005. Written comments on the Paperwork Reduction Act
proposed Information collection requirements must be submitted by the
public, Office of Management and Budget (OMB), and other interested
parties on or before August 29, 2005.
ADDRESSES: You may submit comments, identified by MB Docket No. 05-6,
by any of the following methods:
[[Page 37729]]
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission Web site: http://www.fcc.gov/cgb/ecfs.
Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: (202)
418-0530 or (202) 418-0432.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
In addition to filing comments as set forth above, a copy of any
comments on the information collections contained herein should be
submitted to Cathy Williams, Federal Communications Commission, Room 1-
C823, 445 12th Street, SW., Washington, DC 20554 or via the Internet to
Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503, via the
Internet to Kristy--L. LaLonde@omb.eop.gov, or via fax at 202-395-5167.
FOR FURTHER INFORMATION, CONTACT: Stephen Svab, Media Bureau at (202)
418-2700 or via Internet at stephen.svab@fcc.gov. For additional
information concerning the Paperwork Reduction Act information
collection requirements contained in this NPRM, contact Cathy Williams
at 202-418-2918, or via the Internet at Cathy.Williams@fcc.gov. If you
would like to obtain or view a copy of this revised information
collection, you may do so by visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra
.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rulemaking, MB Docket No. 05-6, adopted January 10,
2005 and released March 15, 2005. The full text of this decision is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Portals II, 445 12th Street, SW.,
Room CY-A257, Washington, DC 20554, and may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone
(202) 488-5300, facsimile (202) 488-5563, or via e-mail http://www.BCPIWeb.com or may be viewed via Internet at http://www.fcc.gov/mb/.
Initial Paperwork Reduction Act of 1995 Analysis
This document contains modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public to comment on the
information collection requirements contained in this NPRM as required
by the Paperwork Reduction Act of 1995, Public Law 104-13. Public and
agency comments are due August 29, 2005. Comments should address: (a)
Whether the proposed collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Pub. Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
OMB Control Number: 3060-0031.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License; Application for Consent to Transfer
Control of Entity Holding Broadcast Station Construction Permit or
License; Sec. 73.3580, Local Public Notice of Filing of Broadcast
Applications.
Form Number: FCC Form 314 and FCC Form 315.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 4,510.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Estimated Time Per Response: 1 hour to 6 hours.
Total Annual Burden: 15,890 hours.
Total Annual Costs: $33,349,150.
Privacy Impact Assessment: No impact(s).
Needs and Uses: On January 10, 2005, the Commission adopted a
Notice of Proposed Rulemaking (NRPM), In the Matter of the Revision of
the Public Notice Requirements of Sec. 73.3580, MB Docket No. 05-6,
FCC 05-10. The NPRM proposes to revise 47 CFR 73.3580(c) to add the
requirement for newspaper publication to non-commercial educational
(NCE) stations and stations that are the only operating station in
their broadcast service in their community of license. Currently, these
stations are exempt from this requirement.
The NPRM also proposes to revise the Sec. 73.3580(d) requirement
that an applicant give notice of the filing of a application for
renewal of the station's license or permit in a newspaper as described
in 47 CFR 73.3580(c). The NPRM proposes that the notice must now appear
in a specific text as described in the proposed revision of 47 CFR
73.3580(d)(3)(i).
Synopsis of the Notice of Propose Rule Making
1. This NPRM requests comment on whether we should modify the
notice that radio and television station buyers and sellers are
required to provide to the public in connection with proposed
assignments and transfers of control.
2. This NPRM also seeks comment on whether to eliminate the
newspaper publication exemption for non-commercial educational
(``NCE'') stations and stations that are the only operating station in
their broadcast service in their community of license.
Initial Regulatory Flexibility Analysis
3. Compliance requirements will naturally vary depending on the
Commission's final decision in this proceeding. If the Commission
decides at the final rules stage of this proceeding to modify the
public notice regulations as proposed, applicants for consent to
assignment of a construction permit or license for an AM, FM, or TV
station or for consent to transfer control of an entity holding a
construction permit or license for an AM, FM, or TV station would have
to broadcast and publish public notice using the template proposed for
inclusion in Sec. 73.3580(d) of the Commission's rules (found in
paragraph 5 of the NPRM). Additionally, if the Commission ultimately
eliminates the current Sec. 73.3580(e) exemption from the public
notice requirements offered to noncommercial educational stations and
stations that are the only operating station in their broadcast service
in their community of license, applicants in these categories who file
for assignment or transfer of a broadcast license would need to publish
local notice of action in a newspaper of general circulation in the
community to which the station is licensed. The Commission seeks
comment on these proposals and their impact on small entities and on
other ways to enhance the transparency of,
[[Page 37730]]
and public participation in, the sales application review and licensing
process.
Filing of Comments and Reply Comments
5. Pursuant to applicable procedures set forth in Sec. Sec. 1.415
and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested
parties may file comments August 1, 2005, and reply comments August 15,
2005. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies. See Electronic Filing
of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
6. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must transmit one electronic copy of
the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions for
e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and
should include the following words in the body of the message, ``get
form .'' A sample form and directions will be sent
in reply.
7. Parties who choose to file by paper must file an original and
four copies of each filing. If more than one docket or rulemaking
number appears in the caption of this proceeding, commenters must
submit two additional copies for each additional docket or rulemaking
number.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments August 1,
2005, and reply comments August 15, 2005. Comments may be filed using
the Commission's Electronic Comment Filing System (ECFS) or by filing
paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail).
The Commission's contractor, Natek, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail,
and Priority Mail should be addressed to 445 12th Street, SW.,
Washington, DC 20554. All filings must be addressed to the Commission's
Secretary, Marlene H. Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th Street, SW., Room TW-A325,
Washington, DC 20554. The Media Bureau contact for this proceeding is
Stephen Svab at (202) 418-2700, TTY (202) 418-7172, or at
stephen.svab@fcc.gov.
8. Parties who choose to file by paper should also submit their
comments on diskette. Parties should submit diskettes to Stephen Svab,
Media Bureau, 445 12th Street SW., Room 2-B418, Washington, DC 20554.
Such a submission should be on a 3.5-inch diskette formatted in an IBM
compatible form using MS DOS 5.0 and Microsoft Word, or compatible
software. The diskette should be accompanied by a cover letter and
should be submitted in ``read only'' mode. The diskette should be
clearly labeled with the party's name, proceeding (including the lead
docket number in this case (MB Docket No. 05-6), type of pleading
(comments or reply comments), date of submission, and the name of the
electronic file on the diskette. The label should also include the
following phrase ``Disk Copy--Not an Original.'' Each diskette should
contain only one party's pleadings, referable in a single electronic
file. In addition, commenters must send diskette copies to the
Commission's copy contractor, Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY-B402, Washington, DC 20554.
List of Subjects in 47 CFR Part 73
Radio, Reporting and recordkeeping requirements, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 73 as set forth
below:
PART 73--RADIO BROADCAST SERVICES
1. The authority for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
2. Section 73.3580 is amended by revising paragraphs (c)
introductory text, (d)(1), (d)(3), removing paragraph (e),
redesignating paragraphs (f) through (i) as paragraphs (e) through (h),
and by revising newly designated paragraphs (e) and (h) to read as
follows:
Sec. 73.3580 Local public notice of filing of broadcast applications.
* * * * *
(c) An applicant who files an application or amendment thereto
which is subject to the provisions of this section, must give notice of
this filing in a newspaper. Exceptions to this requirement are
applications for renewal of AM, FM, TV, Class A TV, non-commercial
educational, those stations that are the only operating station in
their broadcast service in their community of license and international
broadcasting stations; low power TV stations; TV and FM translator
stations; TV boosters stations; and FM boosters stations. The local
public notice must be completed within 30 days of the tendering of the
application. In the event the FCC notifies the applicant that a major
change is involved, requiring the applicant to file public notice
pursuant to Sec. Sec. 73.3571, 73.3572, 73.3573 or 73.3578, this
filing notice shall be given in a newspaper following this
notification.
* * * * *
(d) * * *
(1) An applicant who files for renewal of a broadcast station
license, other than a low power TV station license not locally
originating programming as defined by Sec. 74.701(h), an FM translator
station or a TV translator station license, must give notice of this
filing by broadcasting announcements on applicant's station. (Sample
and schedule of announcements are below.) Newspaper publication is not
required. An applicant who files for renewal of a low power TV station
license not locally originating programming as defined by Sec.
74.701(h), an FM translator station or a TV translator station license
will comply with (f) below.
* * * * *
(3) Filing announcements. An applicant who files for modification,
assignment or transfer of a broadcast station license (except for
International
[[Page 37731]]
broadcast, low power TV, TV translator, TV booster, FM translator and
FM booster stations) shall give notice of the filing in a newspaper as
described in paragraph (c) of this section, and also broadcast the same
notice over the station as follows:
(i) At least once daily on four days in the second week immediately
following either the tendering for filing of the application or
immediately following notification to the applicant by the FCC that
Public Notice is required pursuant to Sec. Sec. 73.3571, 73.3572,
73.3573 or Sec. 73.3578. For commercial radio stations these
announcements shall be made between 7 a.m. and 9 a.m. and/or 4 p.m. and
6 p.m. For stations which neither operate between 7 a.m. and 9 a.m. nor
between 4 p.m. and 6 p.m., these announcements shall be made during the
first two hours of broadcast operation. For commercial TV stations,
these announcements shall be made between 6 p.m. and 11 p.m. (5 p.m.
and 10 p.m. Central and Mountain time). For applicants who file for an
assignment or transfer of a broadcast license, the following
announcement shall be broadcast in accordance with the terms outlined
above in this section and published in a newspaper as described in
paragraph (c) of this section: On (date of filing application), the
owners of (call sign), (insert assignor or transferor here), filed an
application with the FCC for consent to sell (call sign) to (insert
assignee or transferee here). A copy of this application will be
available for public inspection during our regular business hours. It
contains additional information concerning the proposed buyer and the
agreement for the sale of the station. Individuals who wish to advise
the FCC of facts relating to this application may file comments and
informal objections prior to Commission action on the application.
Petitions to deny the application must be filed no later than (date the
30th day after issuance of the public notice of the acceptance for
filing of the application). Further information concerning the FCC's
station sale process is available at (address of location of the
station's public inspection file) or may be obtained from the FCC,
Washington, DC 20554 or the FCC Web site, at http://www.fcc.gov/e-file.
After accessing this Web page, users should click on the ``CDBS Public
Access'' link and follow instructions found there.
* * * * *
(e) The notice required by paragraphs (c) and (d) of this section
shall contain, when applicable, the following information, except as
otherwise provided in paragraph (d) of this section in regard to
renewal applications and applications for assignment or transfer of
license:
* * * * *
(h) Paragraphs (a) through (g) of this section apply to major
amendments to license renewal applications. See Sec. 73.3578(a).
[FR Doc. 05-13026 Filed 6-29-05; 8:45 am]
BILLING CODE 6712-01-P