[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54634-54636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22250]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission for Extension Under Delegated
Authority, Comments Requested
August 31, 2010.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burden invites the general public
and other Federal agencies to take this opportunity to comment on the
following information collection(s), as required by the Paperwork
Reduction Act (PRA) of 1995, 44 U.S.C. 3501 - 3520. Comments are
requested concerning: (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 estimate; (c) ways
to enhance the quality, utility, and clarity of the information
collected; (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, and (e)
ways to further reduce the information collection burden for small
business concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the Paperwork Reduction Act (PRA) that does not
display a currently valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before November 8, 2010. If you anticipate that you
will be submitting PRA comments, but find it difficult to do so within
the period of time allowed by this notice, you should advise the FCC
contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via fax at 202-395-5167 or via email to
[email protected] and to the Federal Communications
Commission via email to [email protected] and [email protected].
FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0185.
Title: Section 73.3613, Filing of Contracts.
Form Number: N/A.
[[Page 54635]]
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents and Responses: 2,300 respondents and 2,300
responses.
Estimated Hours per Response: 0.25 to 0.5 hours.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third party disclosure requirement.
Total Annual Burden: 950 hours.
Total Annual Cost: $120,000.
Privacy Impact Assessment: No impact(s).
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
Sections 154(i) and 303 of the Communications Act of 1934, as amended.
Nature and Extent of Confidentiality: Confidentiality is not
required for this collection of information.
Needs and Uses: 47 CFR 73.3613 requires each licensee or permittee
of a commercial or noncommercial AM, FM, TV or International broadcast
station shall file with the FCC copies of the following contracts,
instruments, and documents together with amendments, supplements, and
cancellations (with the substance of oral contracts reported in
writing), within 30 days of execution thereof:
(a) Network service: Network affiliation contracts between stations
and networks will be reduced to writing and filed as follows:
(1) All network affiliation contracts, agreements, or
understandings between a TV broadcast or low power TV station and a
national network. For the purposes of this paragraph the term network
means any person, entity, or corporation which offers an interconnected
program service on a regular basis for 15 or more hours per week to at
least 25 affiliated television licensees in 10 or more states; and/or
any person, entity, or corporation controlling, controlled by, or under
common control with such person, entity, or corporation.
(2) Each such filing on or after May 1, 1969, initially shall
consist of a written instrument containing all of the terms and
conditions of such contract, agreement or understanding without
reference to any other paper or document by incorporation or otherwise.
Subsequent filings may simply set forth renewal, amendment or change,
as the case may be, of a particular contract previously filed in
accordance herewith.
(3) The FCC shall also be notified of the cancellation or
termination of network affiliations, contracts for which are required
to be filed by this section.
(b) Ownership or control: Contracts, instruments or documents
relating to the present or future ownership or control of the licensee
or permittee or of the licensee's or permittee's stock, rights or
interests therein, or relating to changes in such ownership or control
shall include but are not limited to the following:
(1) Articles of partnership, association, and incorporation, and
changes in such instruments;
(2) Bylaws, and any instruments effecting changes in such bylaws;
(3) Any agreement, document or instrument providing for the
assignment of a license or permit, or affecting, directly or
indirectly, the ownership or voting rights of the licensee's or
permittee's stock (common or preferred, voting or nonvoting), such as:
(i) Agreements for transfer of stock;
(ii) Instruments for the issuance of new stock; or
(iii) Agreements for the acquisition of licensee's or permittee's
stock by the issuing licensee or permittee corporation. Pledges, trust
agreements, options to purchase stock and other executory agreements
are required to be filed. However, trust agreements or abstracts
thereof are not required to be filed, unless requested specifically by
the FCC. Should the FCC request an abstract of the trust agreement in
lieu of the trust agreement, the licensee or permittee will submit the
following information concerning the trust:
(A) Name of trust;
(B) Duration of trust;
(C) Number of shares of stock owned;
(D) Name of beneficial owner of stock;
(E) Name of record owner of stock;
(F) Name of the party or parties who have the power to vote or
control the vote of the shares; and
(G) Any conditions on the powers of voting the stock or any unusual
characteristics of the trust.
(4) Proxies with respect to the licensee's or permittee's stock
running for a period in excess of 1 year, and all proxies, whether or
not running for a period of 1 year, given without full and detailed
instructions binding the nominee to act in a specified manner. With
respect to proxies given without full and detailed instructions, a
statement showing the number of such proxies, by whom given and
received, and the percentage of outstanding stock represented by each
proxy shall be submitted by the licensee or permittee within 30 days
after the stockholders' meeting in which the stock covered by such
proxies has been voted. However, when the licensee or permittee is a
corporation having more than 50 stockholders, such complete information
need be filed only with respect to proxies given by stockholders who
are officers or directors, or who have 1% or more of the corporation's
voting stock. When the licensee or permittee is a corporation having
more than 50 stockholders and the stockholders giving the proxies are
not officers or directors or do not hold 1% or more of the
corporation's stock, the only information required to be filed is the
name of any person voting 1% or more of the stock by proxy, the number
of shares voted by proxy by such person, and the total number of shares
voted at the particular stockholders' meeting in which the shares were
voted by proxy.
(5) Mortgage or loan agreements containing provisions restricting
the licensee's or permittee's freedom of operation, such as those
affecting voting rights, specifying or limiting the amount of dividends
payable, the purchase of new equipment, or the maintenance of current
assets.
(6) Any agreement reflecting a change in the officers, directors or
stockholders of a corporation, other than the licensee or permittee,
having an interest, direct or indirect, in the licensee or permittee as
specified by Sec. 73.3615.
(7) Agreements providing for the assignment of a license or permit
or agreements for the transfer of stock filed in accordance with FCC
application Forms 314, 315, 316 need not be resubmitted pursuant to the
terms of this rule provision.
(c) Personnel: (1) Management consultant agreements with
independent contractors; contracts relating to the utilization in a
management capacity of any person other than an officer, director, or
regular employee of the licensee or permittee; station management
contracts with any persons, whether or not officers, directors, or
regular employees, which provide for both a percentage of profits and a
sharing in losses; or any similar agreements.
(2) The following contracts, agreements, or understandings need not
be filed: Agreements with persons regularly employed as general or
station managers or salesmen; contracts with program managers or
program personnel; contracts with attorneys, accountants or consulting
radio engineers; contracts with performers; contracts with station
representatives; contracts with labor unions; or any similar
agreements.
[[Page 54636]]
(d)(1) Time brokerage agreements (also known as local marketing
agreements): Time brokerage agreements involving radio stations where
the licensee (including all parties under common ownership) is the
brokering entity, the brokering and brokered stations are both in the
same market as defined in the local radio multiple ownership rule
contained in Sec. 73.3555(a), and more than 15 percent of the time of
the brokered station, on a weekly basis is brokered by that licensee;
time brokerage agreements involving television stations where the
licensee (including all parties under common control) is the brokering
entity, the brokering and brokered stations are both licensed to the
same market as defined in the local television multiple ownership rule
contained in Sec. 73.3555(b), and more than 15 percent of the time of
the brokered station, on a weekly basis, is brokered by that licensee;
time brokerage agreements involving radio or television stations that
would be attributable to the licensee under Sec. 73.3555 Note 2,
paragraph (i). Confidential or proprietary information may be redacted
where appropriate but such information shall be made available for
inspection upon request by the FCC.
(2) Joint sales agreements: Joint sales agreements involving radio
stations where the licensee (including all parties under common
control) is the brokering entity, the brokering and brokered stations
are both in the same market as defined in the local radio multiple
ownership rule contained in Sec. 73.3555(a), and more than 15 percent
of the advertising time of the brokered station on a weekly basis is
brokered by that licensee. Confidential or proprietary information may
be redacted where appropriate but such information shall be made
available for inspection upon request by the FCC.
(e) The following contracts, agreements or understandings need not
be filed but shall be kept at the station and made available for
inspection upon request by the FCC; subchannel leasing agreements for
Subsidiary Communications Authorization operation; franchise/leasing
agreements for operation of telecommunications services on the
television vertical blanking interval and in the visual signal; time
sales contracts with the same sponsor for 4 or more hours per day,
except where the length of the events (such as athletic contests,
musical programs and special events) broadcast pursuant to the contract
is not under control of the station; and contracts with chief
operators.
Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-22250 Filed 9-7-10; 8:45 am]
BILLING CODE 6712-01-S