[Federal Register: February 27, 2008 (Volume 73, Number 39)]
[Proposed Rules]
[Page 10411-10415]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe08-17]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[MB Docket No. 92-264; FCC 07-219]
The Commission's Cable Horizontal and Vertical Ownership Limits
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document proposes changes to the cable and broadcast
attribution rules. The cable attribution rules seek to identify those
corporate, financial, partnership, ownership, and other business
relationships that confer on their holders a degree of ownership or
other economic interest, or influence or control over an entity engaged
in the provision of communications services such that the holders
should be subject to the Commission's regulation. The broadcast
attribution rules define which financial or other interests in a
licensee must be counted in applying the broadcast ownership rules, and
seek to identify ``those interests in or relationships to licensees
that confer on their holders a degree of influence or control such that
the holders have a realistic potential to affect the programming
decisions of licensees or other core operating functions.'' This
document further proposes changes to the rules and regulations
establishing reasonable limits on the number of channels on a cable
system that can be occupied by a video programmer in which a cable
operator has an attributable interest.
DATES: Comments are due on or before March 28, 2008. Reply comments are
due on or before April 14, 2008.
ADDRESSES: You may submit comments, identified by MB Docket No. 92-264;
FCC 07-219, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: 445 12th Street, SW., Washington, DC 20554, with a
copy to the Commission's duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov
[[Page 10412]]
or phone: 202-418-0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, please contact Elvis Stumbergs, Industry Analysis Division,
Media Bureau at (202) 418-2330. For Press Inquiries, please contact
Mary Diamond, Media Bureau, at (202) 418-7200.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Further Notice of Proposed Rulemaking
(``FNPRM'') in MB Docket No. 92-264, FCC 07-219, adopted December 18,
2007, and released February 11, 2008. The full text of this document is
available for public inspection and copying during regular business
hours in the FCC Reference Center, Federal Communications Commission,
445 12th Street, SW., CY-A257, Washington, DC 20554. These documents
will also be available via ECFS (http://www.fcc.gov/cgb/ecfs). The
complete text may be purchased from the Commission's copy contractor,
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request
this document in accessible formats (computer diskettes, large print,
audio recording and Braille), send an e-mail to fcc504@fcc.gov or call
the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice) (202) 418-0432 (TTY).
Summary of the Notice of Proposed Rulemaking
1. The FNPRM proposes to amend the Commission's Rules as follows:
(a) With regard to the general cable attribution rules and the
broadcast attribution rules, to reinstate the single majority
shareholder exemption; (b) with regard to the general cable attribution
rules, and more specifically with regard to the cable equity debt
attribution rule: (i) To include the amount of consideration paid for
options and warrants in determining whether the 33 percent benchmark is
exceeded (ii) clarify the definition of ``total assets'' for purposes
of applying the EDP rule to include all equity and/or debt in whatever
manner or amount held in computing the 33 percent threshold (iii)
clarify that in applying the ED rule, the multiplier formula of the
attribution rules will be utilized for identifying indirect,
intervening interests, except that the pass-through exception for
linkages that exceed a 50 percent interest, under which these interests
are not multiplied, will not apply in the cable ED context as it does
in the context of corporate voting stock, and (c) relative to the cable
ownership vertical limit, propose to eliminate the 75 channel cap and
expand the channel occupancy limit to include video programming
networks owned by or affiliated with any cable operator. The FNPRM
seeks comment on all of these proposed rule changes and related matters
including, but not limited to (i) relative to the cable insulated
limited partnership criteria, the extent to which a limited partner may
engage in the sale of programming to the general partnership and still
remain exempt from attribution and (ii) relative to the cable ownership
vertical limit, whether the channel occupancy limit should apply to
regional programming networks.
Further Notice of Proposed Rulemaking
Initial Paperwork Reduction Act of 1995 Analysis
2. This document 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).
Supplemental Initial Regulatory Flexibility Act Analysis
3. As required by the Regulatory Flexibility Act, as amended
(``RFA'') the Commission has prepared this Supplemental Initial
Regulatory Flexibility Analysis (``Supplemental IRFA'') of the possible
significant economic impact on a substantial number of small entities
of the policies and rules considered in this Further Notice of Proposed
Rule Making (``FNPRM''). Initial Regulatory Flexibility Analyses were
included in the 2001 Further Notice of Proposed Rulemaking (``2001
FNPRM'') and the 2005 Second Further Notice of Proposed Rulemaking
(``2005 Second FNPRM''). Written public comments are requested on this
Supplemental IRFA. Comments must be identified as responses to the
Supplemental IRFA and must be filed by the deadlines for comments on
the Second FNPRM. The Commission will send a copy of the FNPRM,
including this Supplemental IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (``SBA''). In addition, the FNPRM and
the Supplemental IRFA (or summaries thereof) will be published in the
Federal Register.
A. Need for, and Objectives of, the Proposed Rules
4. The attribution rules identify which interests in a media entity
are counted for purposes of applying the broadcast and cable ownership
rules. The FNPRM invites comment on (1) whether to retain the single
majority shareholder attribution exemption in the cable and broadcast
contexts; (2) whether, under the cable attribution rules, a limited
partner may sell programming to the partnership and retain insulation;
and (3) whether the Commission should clarify certain aspects of the
cable Equity Debt (``ED'') attribution rule. With respect to the first
two issues, the Commission invites further comment on how to respond to
the remand of the court in Time Warner II, which reversed, vacated, and
remanded the Commission's decision to eliminate the single majority
shareholder exemption and the Commission's prohibition of the sale of
programming by an insulated limited partner to the partnership.
5. Section 613(f) of the Communications Act requires the Commission
to establish reasonable limits on the number of channels that can be
occupied by the cable system's owned or attributed video programming
services (vertical, or channel occupancy, limit). In Time Warner II,
the DC Circuit remanded the Commission's channel occupancy limit.
6. The Commission subsequently issued its 2001 FNRPM, seeking
comment on whether to reinstate the single majority shareholder
exemption in the cable attribution rules, and whether to prohibit
insulated limited partners from selling programming to their general
partners. The Commission also sought comment aimed at establishing a
sound record on which to fashion meaningful and relevant channel
occupancy limits given the changes that have occurred in the MVPD
industry. While many commenters presented theoretical, legal, or
economic arguments and anecdotal evidence, no party provided a
compelling approach that supported a particular vertical limit. The
Commission subsequently sought to augment the record by means of a
programming network survey and econometric analysis, with limited
results. In its 2005 Second FNPRM, the Commission again sought to
develop a more focused and useful record.
7. In this FNPRM, we seek additional comment on: (1) Whether to
retain the single majority shareholder attribution
[[Page 10413]]
exemption, which currently applies to the cable and broadcast ownership
rules; (2) whether, under the cable attribution rules, a limited
partner may sell programming to the partnership and retain insulation;
and (3) whether the Commission should clarify the Equity Debt (``ED'')
provision in the cable attribution rules, to correspond with and
reflect the guidance provided in the Commission's reconsideration of
its broadcast attribution rules. We also invite comment in the FNPRM on
how to set a specific channel occupancy limit, responding to the remand
of the court in Time Warner II. We issue this Supplemental IRFA in
order to invite comment on the effects on small entities of the
proposals identified in this FNPRM. We particularly solicit comment
from all small business entities, including minority-owned and women-
owned small businesses.
B. Basis
8. The FNRPM is adopted pursuant to Sections 2(a), 4(i), 303, 307,
309, 310, and 613 of the Communications Act of 1934, as amended, 47
U.S.C. 152(a), 154(i), 303, 307, 309, 310, and 533.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
9. The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental entity''
under Section 3 of the Small Business Act. In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act. A small business concern is one
which: (1) Is independently owned and operated; (2) is not dominant in
its field of operation; and (3) satisfies any additional criteria
established by the SBA.
10. Television Broadcasting. In this context, the application of
the statutory definition to television stations is of concern. The
Small Business Administration defines a television broadcasting station
that has no more than $13 million in annual receipts as a small
business. Business concerns included in this industry are those
``primarily engaged in broadcasting images together with sound.''
According to Commission staff review of the BIA Financial Network, Inc.
Media Access Pro Television Database as of December 7, 2007, about 825
(66 percent) of the 1,250 commercial television stations in the United
States have revenues of $13 million or less. However, in assessing
whether a business entity qualifies as small under the above
definition, business control affiliations must be included. Our
estimate, therefore, likely overstates the number of small entities
that might be affected by any changes to the attribution rules, because
the revenue figures on which this estimate is based do not include or
aggregate revenues from affiliated companies.
11. An element of the definition of ``small business'' is that the
entity not be dominant in its field of operation. The Commission is
unable at this time and in this context to define or quantify the
criteria that would establish whether a specific television station is
dominant in its market of operation. Accordingly, the foregoing
estimate of small businesses to which the rules may apply does not
exclude any television stations from the definition of a small business
on this basis and is therefore over-inclusive to that extent. An
additional element of the definition of ``small business'' is that the
entity must be independently owned and operated. It is difficult at
times to assess these criteria in the context of media entities, and
our estimates of small businesses to which they apply may be over-
inclusive to this extent.
12. Radio Broadcasting. The Small Business Administration defines a
radio broadcasting entity that has $6.5 million or less in annual
receipts as a small business. Business concerns included in this
industry are those ``primarily engaged in broadcasting aural programs
by radio to the public.'' According to Commission staff review of the
BIA Financial Network, Inc. Media Access Radio Analyzer Database as of
December 7, 2007, about 10,500 (95 percent) of 11,050 commercial radio
stations in the United States have revenues of $6.5 million or less. We
note, however, that in assessing whether a business entity qualifies as
small under the above definition, business control affiliations must be
included. Our estimate, therefore, likely overstates the number of
small entities that might be affected by any changes to the ownership
rules, because the revenue figures on which this estimate is based do
not include or aggregate revenues from affiliated companies.
13. In this context, the application of the statutory definition to
radio stations is of concern. An element of the definition of ``small
business'' is that the entity not be dominant in its field of
operation. We are unable at this time and in this context to define or
quantify the criteria that would establish whether a specific radio
station is dominant in its field of operation. Accordingly, the
foregoing estimate of small businesses to which the rules may apply
does not exclude any radio station from the definition of a small
business on this basis and is therefore over-inclusive to that extent.
An additional element of the definition of ``small business'' is that
the entity must be independently owned and operated. We note that it is
difficult at times to assess these criteria in the context of media
entities, and our estimates of small businesses to which they apply may
be over-inclusive to this extent.
14. Cable and Other Program Distribution. The Census Bureau
recently updated the NAICS and these firms are included in the Wired
Telecommunications Carriers category, described as: ``This industry
comprises establishments primarily engaged in operating and/or
providing access to transmission facilities and infrastructure that
they own and/or lease for the transmission of voice, data, text, sound,
and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies. Establishments in this industry use the wired
telecommunications network facilities that they operate to provide a
variety of services, such as wired telephony services, including VoIP
services; wired (cable) audio and video programming distribution; and
wired broadband Internet services. By exception, establishments
providing satellite television distribution services using facilities
and infrastructure that they operate are included in this industry.''
The SBA has updated the small business size standards to accord with
the revised NAICS. The size standard for Wired Telecommunications
Carriers is all firms having an average of 1,500 or fewer employees.
The Census Bureau has not collected information on the size
distribution of firms in the revised classification of Wired
Telecommunications Carriers. Accordingly we will apply the new size
standard to Census Bureau data for 2002 regarding the size distribution
of Cable and Other Program Distribution. There were a total of 1,191
firms in this category that operated for the entire year. Of this
total, 1,178 firms had fewer than 1,000 employees. Thus, under this
size standard, the majority of firms can be considered small.
15. Cable Companies and Systems. The Commission has also developed
its own small business size standards, for the purpose of cable rate
regulation. Under the Commission's rules, a ``small cable company'' is
one serving 400,000
[[Page 10414]]
or fewer subscribers, nationwide. Industry data indicate that, of 994
cable operators nationwide, all but thirteen are small under this size
standard. In addition, under the Commission's rules, a ``small system''
is a cable system serving 15,000 or fewer subscribers. Industry data
indicate that, of 6,391 systems nationwide, 5,399 systems have under
10,000 subscribers, and an additional 352 systems have 10,000-19,999
subscribers. Thus, under this second size standard, most cable systems
are small.
16. Cable System Operators. The Communications Act of 1934, as
amended, also contains a size standard for small cable system
operators, which is ``a cable operator that, directly or through an
affiliate, serves in the aggregate fewer than 1 percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
$250,000,000.'' The Commission has determined that an operator serving
fewer than 653,000 subscribers shall be deemed a small operator, if its
annual revenues, when combined with the total annual revenues of all
its affiliates, do not exceed $250 million in the aggregate. Industry
data indicate that, of 994 cable operators nationwide, all but thirteen
are small under this size standard. We note that the Commission neither
requests nor collects information on whether cable system operators are
affiliated with entities whose gross annual revenues exceed $250
million, and therefore we are unable to estimate more accurately the
number of cable system operators that would qualify as small under this
size standard.
17. Private Cable Operators (PCOs) also known as Satellite Master
Antenna Television (SMATV) Systems. PCOs, also known as SMATV systems
or private communication operators, are video distribution facilities
that use closed transmission paths without using any public right-of-
way. PCOs acquire video programming and distribute it via terrestrial
wiring in urban and suburban multiple dwelling units such as apartments
and condominiums, and commercial multiple tenant units such as hotels
and office buildings. The SBA definition of small entities for Wired
Telecommunications Carriers includes PCOs or SMATV systems and, thus,
small entities are defined as all such companies with 1,500 or fewer
employees. Currently, there are approximately 76 members in the
Independent Multi-Family Communications Council (IMCC), the trade
association that represents PCOs. Individual PCOs often serve
approximately 3,000-4,000 subscribers, but the larger operations serve
as many as 15,000-55,000 subscribers. In total, PCOs currently serve
approximately 1.1 million subscribers. Because these operators are not
rate regulated, they are not required to file employment data with the
Commission. Furthermore, we are not aware of any privately published
employment information regarding these operators. Based on the
estimated number of operators and the estimated number of units served
by the largest ten PCOs, we believe that a substantial number of PCO
may qualify as small entities.
18. Home Satellite Dish (``HSD'') Service. Because HSD provides
subscription services, HSD falls within the SBA-recognized definition
of Wired Telecommunications Carriers, which includes all such companies
with 1,500 or fewer employees. HSD or the large dish segment of the
satellite industry is the original satellite-to-home service offered to
consumers, and involves the home reception of signals transmitted by
satellites operating generally in the C-band frequency. Unlike DBS,
which uses small dishes, HSD antennas are between four and eight feet
in diameter and can receive a wide range of unscrambled (free)
programming and scrambled programming purchased from program packagers
that are licensed to facilitate subscribers' receipt of video
programming. There are approximately 30 satellites operating in the C-
band, which carry over 500 channels of programming combined;
approximately 350 channels are available free of charge and 150 are
scrambled and require a subscription. HSD is difficult to quantify in
terms of employment. HSD owners have access to program channels placed
on C-band satellites by programmers for receipt and distribution by
MVPDs. In January 2007, there were 68,781 households authorized to
receive HSD service. The Commission has no information regarding the
number of employees for the four C-Band distributors.
19. Wireless Cable Systems. Wireless cable systems use the
Broadband Radio Service (``BRS'') and Educational Broadband Service
(``EBS'') frequencies in the 2 GHz band to transmit video programming
and provide broadband services to subscribers. The Census Bureau
recently updated the NAICS and these firms are now included in the
Wireless Telecommunications Carriers (except Satellite) category,
described as: ``This industry comprises establishments engaged in
operating and maintaining switching and transmission facilities to
provide communications via the airwaves. Establishments in this
industry have spectrum licenses and provide services using that
spectrum, such as cellular phone services, paging services, wireless
Internet access, and wireless video services.'' The SBA has updated the
small business size standards to accord with the revised NAICS and, for
Wireless Telecommunications Carriers (except Satellite), the standard
is all firms having an average of 1,500 or fewer employees.
20. The Commission has also defined small BRS entities in the
context of Commission license auctions. In the 1996 BRS (MMDS) auction,
the Commission defined a small business as an entity that had annual
average gross revenues of less than $40 million in the previous three
calendar years. This definition of a small entity in the context of MDS
auctions was approved by the SBA. In the 1996 auction, 67 bidders won
493 licenses. Of the 67 auction winners, 61 claimed status as a small
business. At this time, the Commission estimates that of the 61 small
business 1996 auction winners, 48 remain small business licensees.
Specifically, the Commission estimates that some of the EBS licensees
are small businesses since there are currently 2,032 EBS licensees, and
all but 100 of these licenses are held by educational institutions. In
addition to the 48 small businesses that hold BTA authorizations, there
are also approximately 392 incumbent BRS licensees that have gross
revenues that are not more than $40 million and are thus considered
small entities.
21. Although the SBA changed the small business definition in 2007
so that BRS and EBS now fall under Wireless Telecommunications Carriers
(except Satellite), we lack the data to estimate how many entities will
be affected by the regulation. Therefore, we continue to employ the
definition for small businesses used in the 1996 auction, and estimate
that the majority of the affected entities are small.
22. Open Video Systems (``OVS''). The OVS framework provides
opportunities for the distribution of video programming other than
through cable systems. Because OVS operators provide subscription
services, OVS falls within the SBA-recognized definition of Wired
Telecommunications Carriers, which provides that a small entity is one
with 1,500 or fewer employees. The Commission has certified 25 OVS
operators, with some now providing service. Broadband service providers
(BSPs) are currently the only significant holders of OVS certifications
or local OVS franchises, even though OVS is one of four statutorily-
recognized options for
[[Page 10415]]
local exchange carriers (LECs) to offer video programming services. As
of June 2007, BSPs served approximately 1.4 million subscribers,
representing 1.46 percent of all MVPD households. Among BSPs, however,
those operating under the OVS framework are in the minority, with
approximately eight percent operating with an OVS certification. BSPs
include companies such as RCN, Champion Broadband, Knology, and
SureWest Communications. RCN received approval to operate OVS systems
in New York City, Boston, Washington, DC and other areas. The
Commission does not have employment information regarding the entities
authorized to provide OVS, some of which may not yet be operational. We
thus believe that at least some of the OVS operators may qualify as
small entities.
23. Cable and Other Subscription Programming. The Census Bureau
defines this category as follows: ``This industry comprises
establishments primarily engaged in operating studios and facilities
for the broadcasting of programs on a subscription or fee basis. * * *
These establishments produce programming in their own facilities or
acquire programming from external sources. The programming material is
usually delivered to a third party, such as cable systems or direct-to-
home satellite systems, for transmission to viewers.'' The SBA has
developed a small business size standard for firms within this
category, which is: firms with $13.5 million or less in annual
receipts. According to Census Bureau data for 2002, there were 270
firms in this category that operated for the entire year. Of this
total, 217 firms had annual receipts of under $10 million and 13 firms
had annual receipts of $10 million to $24,999,999. Thus, under this
category and associated small business size standard, the majority of
firms can be considered small.
24. A ``small business'' under the RFA is one that, inter alia,
meets the pertinent small business size standard (e.g., a telephone
communications business having 1,500 or fewer employees), and ``is not
dominant in its field of operation.'' The SBA's Office of Advocacy
contends that, for RFA purposes, small incumbent local exchange
carriers are not dominant in their field of operation because any such
dominance is not ``national'' in scope.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
25. Depending on the rules adopted as a result of this FNPRM, the
Report and Order ultimately adopted in this proceeding may contain new
or modified information collections. We anticipate that none of the
changes would result in an increase to the reporting and recordkeeping
requirements of broadcast stations, newspapers, or applicants for
licenses. As noted above, we invite small business entities to comment
in response to this FNRPM.
E. Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
26. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
27. We are directed under law to describe any alternatives we
consider, including alternatives not explicitly listed above. The FNPRM
seeks comment on whether or not it should retain the single majority
shareholder exemption, and whether eliminating the exemption would
negatively impact capital investment, particularly in small businesses.
Additionally, it seeks comment on whether or not to bar a limited
partner from selling video programming to the general partner cable
entity in order to maintain insulated limited partner status for
purposes of the attribution rules. It also seeks comment on whether to
conform various aspects of the ED cable attribution rule to the amended
EDP broadcast attribution rule upon which the cable rule was based.
Finally, it seeks comment on how it should craft a rule to limit the
number of cable channels that can be occupied by affiliated video
programming services. Cable ownership limits are intended to prevent
large cable entities from unfairly impeding the flow of video
programming to consumers through their horizontal reach or their level
of vertical integration. We anticipate that any channel occupancy
limits adopted by the Commission will have little adverse impact on
small cable entities because small entities as a general matter do not
approach the channel occupancy limits and are not the focus of the
rule. We also expect that, whichever alternatives are chosen with
respect to revising the cable attribution rules, the Commission will
seek to minimize any adverse effects on small businesses.
F. Federal Rules That May Duplicate, Overlap, or Conflict with the
Proposed Rules
28. None.
Ex Parte Restrictions
29. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided that they are disclosed as provided in
the Commission's rules. See generally 47 CFR 1.1202, 1.1203, and
1.1206(a).
Ordering Clauses
30. It is ordered that pursuant to Sections 1, 4(i) and (j), 301,
302, 303, 307, 308, 309, 319, and 324 of the Communications Act of
1934, 47 U.S.C. 151, 154(i) and (j), 301, 302, 303, 307, 308, 309, 319,
and 324 that notice is hereby given of the proposals and tentative
conclusions described in this Notice of Proposed Rule Making.
31. It is further ordered that the Reference Information Center,
Consumer Information Bureau, shall send a copy of this Notice of
Proposed Rule Making, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-3701 Filed 2-26-08; 8:45 am]
BILLING CODE 6712-01-P