[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Rules and Regulations]
[Page 16283-16284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap07-13]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[FCC 06-117]
National Broadcast Television Ownership Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission conforms its rules to comply
with the Consolidated Appropriations Act, 2004 (Appropriations Act).
The Appropriations Act, among other things, directs the Commission to
modify the national television ownership limit to specify 39 percent as
the maximum aggregate national audience reach of any single television
station owner. The Appropriations Act also adds a new section to the
Telecommunications Act of 1996, which the Commission now implements.
DATES: Effective May 4, 2007.
FOR FURTHER INFORMATION CONTACT: Mania Baghdadi, Industry Analysis
Division, Media Bureau, Federal Communications Commission, (202) 418-
2330. Press inquiries should be directed to Clyde Ensslin, (202) 418-
0506.
SUPPLEMENTARY INFORMATION:
Initial Paperwork Reduction Act of 1995 Analysis
This document does not contain any information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, it does not contain any 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).
Synopsis of Order
1. On January 22, 2004, President Bush signed into law the
Consolidated Appropriations Act, 2004, H.R. 2673 (``the Appropriations
Act'').\1\ Section
[[Page 16284]]
629(1) of the Appropriations Act amends section 202(c) of the
Telecommunications Act of 1996 (``Telecommunications Act'') to direct
the Commission to modify the national television ownership limit,
contained in section 73.3555 of the Commission's rules,\2\ to specify
39 percent as the maximum aggregate national audience reach of any
single television station owner.\3\ The Appropriations Act also adds to
the Telecommunications Act a new section 202(c)(3), which states:
\1\ Consolidated Appropriations Act, 2004, Public Law 108-199,
Sec. 629, 118 Stat. 3 (2004).
\2\ 47 CFR 73.3555.
\3\ 47 U.S.C. 202(c)(1). Prior to passage of the Appropriations
Act, Section 202(c)(1) of the Telecommunications Act established a
national television ownership reach limit of 35 percent, which was
incorporated in Section 73.3555(e) of the Commission's rules. In the
2002 biennial ownership proceeding, the Commission raised the
national television ownership limit from 35 percent to 45 percent.
2002 Biennial Regulatory Review, 68 FR 46286, August 5, 2003 (``2002
Biennial Report and Order''), aff'd in part, remanded in part,
Prometheus Radio Project v. FCC, 373 F.3d 372 (3rd Cir. 2004)
(``Prometheus Order''), cert. denied, 13 U.S.L.W. 3466 (June 13,
2005). The rule changes adopted in the biennial ownership proceeding
were stayed, however, by the U.S. Court of Appeals for the Third
Circuit and, except for a partial lifting of the stay with respect
to the local radio ownership rules, remain stayed pending further
judicial action. Prometheus Radio Project, et al. v. FCC, No. 03-
3388 (Sept. 3, 2003) (order granting stay); Prometheus Radio Project
v. FCC, No. 03-3388 (3rd Cir. Sept. 3, 2004) (order partially
lifting stay).
---------------------------------------------------------------------------
(3) DIVESTITURE--A person or entity that exceeds the 39 percent
national audience reach limitation for television stations in
paragraph (1)(B) through grant, transfer, or assignment of an
additional license for a commercial television broadcast station
shall have not more than 2 years after exceeding such limitation to
come into compliance with such limitation. This divestiture
requirement shall not apply to persons or entities that exceed the
39 percent national audience reach limitation through population
growth.\4\
\4\ 47 U.S.C. 202(c)(3).
---------------------------------------------------------------------------
With this Order, the Commission conforms its rules to these provisions.
Section 73.3555(d) will be redesignated as section 73.3555(e), section
73.3555(e)(1) is revised to reflect the changes directed by section
202(c)(1) of the Telecommunications Act, as amended by the
Appropriations Act, and a new section 73.3555(e)(3) is added to reflect
section 202(c)(3).\5\ These changes are set forth in the rule changes
section of this summary.\6\
---------------------------------------------------------------------------
\5\ In 2003, the Commission's 2002 Biennial Report and Order
eliminated the radio-television cross-ownership rule, formerly found
at 47 CFR 73.3555(c). As a result, the national television ownership
rule was renumbered from 47 CFR 73.3555(e)(1) to 47 CFR
73.3555(d)(1). However, the rules adopted in the 2002 Biennial
Report and Order, and published in the CFR, were stayed by a court
and did not go into effect. However, after the stay was applied, the
new 39 percent cap was promulgated pursuant to the Appropriations
Act.
\6\ The current broadcast attribution rules set forth in the
notes to Section 73.3555 would continue to apply to the national
television ownership rule as Congress did not indicate any intent
that the Commission alter them in this proceeding. The statute
directs the Commission to change the audience reach limit to 39
percent and add the new divestiture provision. Neither the statute
nor the legislative history indicate that Congress intended that we
make any other changes to the national television ownership rule in
this proceeding.
---------------------------------------------------------------------------
2. The Commission is revising its rules without providing prior
public notice and an opportunity for comment because the rule
modifications are mandated by the applicable provisions of the
Appropriations Act and Telecommunications Act. The Commission finds
that notice and comment procedures are unnecessary, and that this
action therefore falls within the ``good cause'' exception of the
Administrative Procedure Act.\7\ The rule changes adopted in this Order
do not involve discretionary action on the part of the Commission.
Rather, they simply implement provisions of the Appropriations Act, as
it amends the Telecommunications Act, which directs the Commission to
revise its rules according to specific terms set forth in those laws.
---------------------------------------------------------------------------
\7\ See 5 U.S.C. 553(b)(B) (notice requirements inapplicable
``when the agency for good cause finds * * * that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest''); Metzenbaum v. Federal Energy Regulatory
Commission, 675 F.2d 1282, 1291 (D.C. Cir. 1982) (agency orders that
were nondiscretionary ministerial actions issued in conformity with
statute were properly issued without notice and comment).
---------------------------------------------------------------------------
Ordering Clauses
3. Accordingly, it is ordered that pursuant to section 629 of the
Consolidated Appropriations Act, 2004, and section 202(c)(1) of the
Telecommunications Act of 1996, as amended, and sections 4(i) and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
303(r), Part 73 of the Commission's Rules, 47 CFR part 73, is amended.
The rule change will become effective May 4, 2007.\8\
---------------------------------------------------------------------------
\8\ See 5 U.S.C. 553(d).
---------------------------------------------------------------------------
4. The Commission will send a copy of this Order in a report to be
sent to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
Part 73 of Title 47 of the Code of Federal Regulations is amended to
read as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, and 336.
0
2. Section 73.3555 is amended by redesignating paragraphs (d) and (e)
as paragraphs (e) and (f), add and reserve paragraph (d) and revise
paragraph (e)(1) and add paragraph (e)(3) to read as follows:
* * * * *
Sec. 73.3555 Multiple ownership.
* * * * *
(e) * * *
National television multiple ownership rule. (1) No license for a
commercial television broadcast station shall be granted, transferred
or assigned to any party (including all parties under common control)
if the grant, transfer or assignment of such license would result in
such party or any of its stockholders, partners, members, officers or
directors having a cognizable interest in television stations which
have an aggregate national audience reach exceeding thirty-nine (39)
percent.
* * * * *
(3) Divestiture. A person or entity that exceeds the thirty-nine
(39) percent national audience reach limitation for television stations
in paragraph (e)(1) of this section through grant, transfer, or
assignment of an additional license for a commercial television
broadcast station shall have not more than 2 years after exceeding such
limitation to come into compliance with such limitation. This
divestiture requirement shall not apply to persons or entities that
exceed the 39 percent national audience reach limitation through
population growth.
* * * * *
[FR Doc. E7-6162 Filed 4-3-07; 8:45 am]
BILLING CODE 6712-01-P