[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Proposed Rules]
[Pages 62683-62690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26785]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 00-168; FCC 00-345]


Standardized and Enhanced Disclosure of Commercial Television 
Station Public Interest Obligations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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[[Page 62684]]

SUMMARY: This document concerns rules and policies on how commercial 
television broadcast station licensees provide public interest 
information to the public. This document proposes amendments to the 
public inspection file rules that would standardize the format used for 
providing public interest information to the public and make 
information contained in public inspection files available on the 
Internet. The intended effect of this action is to propose rules that 
would make information regarding how television broadcast stations meet 
their fundamental public interest obligation to serve the needs and 
interests of their communities of license easier to understand or more 
accessible to the public.

DATES: Comments must be filed on or before December 18, 2000, and reply 
comments must be filed on or before January 17, 2001. Written comments 
by the public on the proposed information collections are due on or 
before December 18, 2000. Written comments must be submitted by the 
Office of Management and Budget (OMB) on the proposed information 
collection(s) on or before December 18, 2000.

ADDRESSES: Address all comments concerning this proposed rule to the 
Commission's Secretary, Communications Commission, 445 Twelfth Street, 
SW., Washington DC 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Judy Boley, Federal 
Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected], and to 
Edward C. Springer, OMB Desk Officer, Room 10236 NEOB, 725 17th Street, 
NW, Washington, DC 20503 or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Cyndi Thomas, Policy and Rules 
Division, Mass Media Bureau, at (202) 418-2130, TTY (202) 418-2989. For 
additional information concerning the information collection(s) 
contained in this document, contact Judy Boley at 202-418-0214, or via 
the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed 
Rulemaking in MM Docket No. 00-168, FCC 00-345, adopted on September 
14, 2000, and released on October 5, 2000. The full text of this 
decision is available for inspection and copying during regular 
business hours in the FCC Reference Center, 445 Twelfth Street, SW, 
Room CY-A257, Washington DC, and also may be purchased from the 
Commission's copy contractor, International Transcription Service, 
(202) 857-3800, 445 Twelfth Street, SW, Room CY-B402, Washington DC. 
The complete text is also available under the file name fcc00345.pdf on 
the Commission's Internet site at www.fcc.gov.
    This Notice of Proposed Rulemaking contains proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA). The 
general public and other Federal agencies are invited to comment on the 
proposed information collections contained in this proceeding.

Electronic Access and Filing Addresses

    Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies via the Internet to 
http://www.fcc.gov/e-file/ecfs.html. 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 [email protected], and 
should include the following words in the body of the message, ``get 
form, your e-mail address>.'' A sample form and directions will be sent 
in reply.

Paperwork Reduction Act

    This Notice of Proposed Rulemaking contains a proposed information 
collection. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection(s) 
contained in this Notice of Proposed Rulemaking, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due at the same time as other comments on this Notice of 
Proposed Rulemaking; OMB comments are due 60 days from date of 
publication of this Notice of Proposed Rulemaking in the Federal 
Register. 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) ways to enhance the quality, utility, and 
clarity of the information collected; (c) 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.
    OMB Control Number: 3060-XXXX.
    Title: Notice of Proposed Rulemaking--Standardized Disclosure 
Requirements for TV Broadcast Licensee Public Interest Obligations.
    Form No.: Undetermined.
    Estimated Time Per Response: 52.5-100 hours dependent on final 
rules.
    Total Annual Burden: 86625-165000 hours.
    Total Annual Costs: Undetermined.
    Needs and Uses: The Commission has proposed in this Notice of 
Proposed Rulemaking to require television broadcast station licensees 
to use a standardized form to provide information on a quarterly basis 
on how the station serves the public interest. The information on this 
standardized form will enhance the public's access to information on 
how television broadcasters are meeting their public interest 
obligation.

Synopsis of Notice of Proposed Rulemaking

    1. The Commission adopts a Notice of Proposed Rulemaking (``NPRM'') 
to address some of the difficulties described in response to the Notice 
of Inquiry (``NOI'') (65 FR 4211, January 26, 2000) in this proceeding, 
that members of the public have encountered in trying to access 
information on how television broadcasters are meeting their 
fundamental public interest obligation to air programming responsive to 
the needs and interests of its community of license. To meet that 
obligation in part, under current rules, commercial television 
broadcast station licensees must provide coverage of issues facing 
their communities and place lists of programming used in providing 
significant treatment of those issues (issues/programs lists) in the 
station's public inspection files on a quarterly basis. The NPRM seeks 
comment on the Commission's tentative conclusion to require television 
broadcast station licensees to use a standardized form to provide 
information on a quarterly basis on how the station serves the public 
interest. The Commission would require that this form be maintained in 
the station's public inspection file in place of the issues/programs 
lists. The Commission proposes to enhance the public's ability to 
access public interest information by requiring licensees to make the 
contents of their public inspection files, including the form, 
available on the station's or a state broadcasters association's 
Internet website. The NPRM also seeks comment on the Commission's 
proposal to encourage, but not mandate the use of station websites to 
conduct on-line

[[Page 62685]]

discussions and facilitate interaction with the public.
    2. As the Commission noted in the NOI, the discussion of television 
broadcasters' public interest obligations ``has been renewed by their 
transition from analog to digital (DTV) technology.'' Some of the 
issues raised in the NOI relate exclusively to broadcasters' use of 
digital technology. The Commission sought comment generally, however, 
on ``how broadcasters can meet their public interest obligations on 
both their analog and digital channels during the transition period, 
and on various proposals and recommendations that have been made on how 
broadcasters could better serve their communities of license.'' 
Television licensees may continue to broadcast in analog format until 
at least 2006. The mechanisms proposed below do not relate exclusively 
to digital transmissions. Given the benefits to be derived from the 
proposals set forth below, the Commission believes it should not wait 
until after the digital transition is complete to implement them. The 
Commission recognizes that the application of the proposals in this 
NPRM to analog as well as digital television broadcasters raises the 
issue of whether we should also consider changes to the disclosure 
obligations of radio broadcasters. The Commission began this 
discussion, however, with the NOI, which related only to television 
broadcasters, and is limiting the scope of this proceeding to 
television.

Standardization of Disclosures

    3. The Commission seeks comment on what format a broadcast 
television licensee should use to provide information to the public 
regarding how it meets certain public interest obligations. Members of 
the public currently must contact a station's main studio to review a 
variety of documents or quarterly reports maintained in the public 
inspection file that provide information on station operations and 
management as well as what actions the station has taken to provide 
community-responsive programming. Station personnel must make the file 
available to the public at any time during regular business hours and 
documents must be made available for printing or photocopying upon 
request made in person. Stations may also maintain all or part of the 
file in a computer database as long as a computer terminal is made 
available to the public at the location of the file. Licensees that 
maintain a station's main studio and public file outside its community 
of license must provide photocopies of documents to persons within the 
station's geographic service area by mail upon telephone request.
    4. Based upon the comments the Commission received in response to 
the NOI, it appears that members of the public have encountered 
difficulties accessing information under existing procedures. For 
example, People for Better TV explains that when its members reviewed 
public files, ``the most consistent finding is the lack of consistency 
and uniformity about what is in the files, even within the same 
community.'' The Commission sought comment in the NOI on the 
recommendation made in the December 18, 1998 report from the 
President's Advisory Committee on the Public Interest Obligations of 
Digital Television Broadcasters (Advisory Committee Report) that 
broadcasters should use a single standardized form to provide 
information to the public on a station's public interest programming 
and activities in the community. The Commission also sought comment on 
the recommendation by People for Better TV and the Advisory Committee 
Report that broadcasters disclose their public interest programming and 
activities on a quarterly basis.
    5. The Commission tentatively concludes that it should require 
broadcasters to complete a standardized form that will allow them to 
disclose how they meet their obligation to serve the public interest. 
The Commission believes that the use of a standardized disclosure form 
will facilitate access to information on how licensees are serving the 
public interest and allow the public to play a more active role in 
helping a station meet its obligation to provide programming that 
addresses the community's needs and interests. The Commission further 
believes that standardized forms will make broadcasters more 
accountable to the public, and that improving broadcaster 
accountability will minimize the need for government involvement in 
monitoring how broadcasters comply with their public interest 
obligation. The Commission believes standardized disclosure will 
significantly reduce the time needed to locate information requested by 
the public and will provide the public with a better mechanism for 
reviewing a broadcaster's public interest programming and activities. 
The NPRM seeks comment on the Commission's tentative conclusion. The 
NPRM also asks commenters to provide empirical data on any 
administrative costs or benefits associated with the requirement that 
broadcasters, especially small broadcasters, provide public interest 
programming and activity information in a standardized format. Finally, 
the Commission tentatively concludes that the form be updated on a 
quarterly basis, and the NPRM seeks comment on whether this is the 
appropriate timeframe.
    6. Given that these benefits can be realized today and are not 
limited to digital broadcasts, the Commission tentatively concludes it 
should not limit application of this requirement to DTV. The NPRM seeks 
comment on this, as well as on when broadcasters' first quarterly 
standardized forms must be placed in their public inspection files.
    7. While the public inspection file rules will fully apply to 
analog and DTV broadcasters, the Commission recognizes some overlap in 
the function of the proposed standardized form and the requirement to 
maintain issues/programs lists. The Commission tentatively concludes 
that the proposed standardized public interest disclosure form will 
replace the requirement that broadcasters maintain issues/programs 
lists in their public files. The Commission believes that issues/
programs lists provide such an assortment of information that the 
public may have difficulty determining the extent to which the station 
is serving the public interest. The Commission therefore believes the 
standardized form as proposed will perform the same intended function 
as the issues/programs list, while providing better and more easily 
accessible information on a station's public interest obligations. The 
NPRM seeks comment on this tentative conclusion. The Commission notes 
that this proceeding does not affect the other requirements of its 
public inspection file rules, because these requirements are not made 
redundant by the proposed standardized form.

Types of Disclosures

    8. The Commission sought comment in the NOI on recommendations made 
by People for Better TV and the Advisory Committee Report to require 
licensees to provide specific types of public interest information. The 
Advisory Committee Report recommends that the enhanced disclosures 
``include but not be limited to contributions to political discourse, 
public service announcements, children's and educational programming, 
local programming, programming that meets the needs of underserved 
communities, and community-specific activities.'' People for Better TV 
advocates requiring broadcasters to ``disclose their public

[[Page 62686]]

interest programming and activities * * * matched against ascertained 
community needs and interests.'' The Commission also sought comment on 
whether public files should contain information on programming aired 
with closed captioning and video description. Finally, the Commission 
asked parties to address the extent to which the Advisory Committee's 
and People for Better TV's proposals parallel the Commission's previous 
ascertainment requirements, which the Commission repealed in the 1980s, 
and it asked parties to address whether its reasons for eliminating 
those requirements apply to its consideration of these proposals.
    9. As noted above, the current issues/programs lists provide such 
an assortment of information that the public may have difficulty 
determining the extent to which the station is serving the public 
interest. The Commission therefore invites further comment on whether 
the public interest would be better served by requiring television 
broadcasters to provide information relating to various concrete ways 
in which they meet certain public interest obligations.
    10. Community-responsive programming. The Commission tentatively 
concludes that the standardized form should ask questions about 
categories of programming. The Commission believes that categorization 
will serve the goal of this proceeding--to make disclosures about 
public interest efforts more uniform, easier to understand, and more 
accessible to the public. The NPRM seeks comment on what categories 
should be included on the standardized form. The Advisory Committee, 
for example, proposes to include local and national news programming, 
local and national public affairs programming, programming that meets 
the needs of underserved communities, programming that contributes to 
political discourse, other local programming that is not otherwise 
addressed in the form, and public service announcements. In addition to 
any defined categories, the Commission proposes to include a ``catch-
all'' category to ensure that the form enables broadcasters to reflect 
any public interest programming they aired that does not fit neatly 
into one of the defined categories. While the Commission would expect 
that the scope of defined categories would be commonly understood and 
that broadcasters could exercise discretion as to which programs belong 
under which categories, the NPRM welcomes comment on any benefits to 
the public and to broadcasters of defining the proposed programming 
categories.
    11. The proposed form is intended to standardize the format and 
enhance disclosure of the information broadcasters should already be 
compiling on their issues/programs lists. Consistent with the current 
requirement for maintaining issues/programs lists, the Commission 
therefore would expect that licensees would provide a brief narrative 
description in each category, including a list of the program titles 
aired, as well as the time, date, and duration of the programs. The 
Commission does not believe this will impose a substantial additional 
burden on broadcasters. The NPRM seeks comment on the burden of 
providing this type of information on a standardized form.
    12. Closed captioning and video description. In 1998, the 
Commission adopted a transition period during which television 
broadcasters must meet certain benchmarks for providing closed 
captioning for nonexempt video programming. The Commission has also 
recently adopted rules for providing video description of programming 
for the benefit of persons with visual disabilities. The Commission 
sought comment in the NOI on whether the public file should contain 
information on programming aired with closed captioning and video 
description. One commenter states that the Commission ``previously 
rejected requests to adopt recordkeeping or reporting requirements with 
respect to closed captioning.'' Another commenter asserts that 
consumers who rely on captions have become increasingly frustrated with 
the lack of information about which programs are closed captioned. The 
Commission tentatively concludes that the standardized disclosure form 
should include information on broadcasters' provision of closed 
captioning and video description. The NPRM seeks comment on this 
approach and on what specific information should be provided.
    13. Identifying community needs and interests. The Advisory 
Committee recommends including information on the efforts licensees 
take to identify the programming needs of various segments of their 
communities. In the NOI, the Commission sought comment on the extent to 
which the Advisory Committee's and People for Better TV's proposals 
parallel the Commission's previous ascertainment requirements, which 
the Commission repealed in the 1980s. The Commission also asked parties 
to address whether the Commission's reasons for eliminating its formal 
ascertainment requirements apply to its consideration of these 
proposals.
    14. The NPRM invites further comment on whether licensees should 
provide a narrative description on the standardized form of the actions 
taken, in the normal course of business, to assess a community's 
programming needs and interests. The Commission believes this 
requirement would differ from the former ascertainment requirements, 
which included detailed methodologies for ascertaining the problems, 
needs and interests of the public within the station's service area. 
Licensees were required to provide demographic information on a 
station's community of license, conduct interviews with community 
leaders and members of the general public to ascertain the community's 
needs and interests, and provide programming responsive to those 
ascertained needs and interests.
    15. In contrast to these formal and detailed requirements, under 
the Commission's proposal licensees would only provide the public with 
information on how, in the normal course of business, they assess 
community needs and interests. The Commission agrees with one commenter 
that repeal of the formal ascertainment requirements was not intended 
to alter a broadcaster's obligation to meet community needs. The 
Commission recognizes that in adopting the requirement to provide 
quarterly issues/programs lists, the Commission determined that it was 
not concerned with how a broadcaster became aware of community issues 
so long as the issues were identified and adequate responsive 
programming was offered or proposed. As a result, the Commission 
eliminated the requirement to include in the issues/programs list a 
description or explanation of the means by which a licensee determined 
any given issue as one facing its community. The Commission notes the 
concerns expressed, however, by another commenter, for example, that 
broadcasters ``ignore certain communities.'' The Commission also 
recognizes that disclosure to a community of how local broadcasters 
identify its needs will promote the kind of dialogue between 
broadcasters and communities intended by its rules without the need for 
government intervention. The NPRM seeks comment on the benefits and 
burdens of these proposals.
    16. Community service activities. The Advisory Committee recommends 
including on the form a description of a licensee's ``community service 
programs, community outreach, or other

[[Page 62687]]

similar non-broadcast activities directed to serving the community of 
license.'' One commenter describes local broadcasters as providing 
important support for fundraising and awareness campaigns for community 
organizations such as hospitals and homeless and domestic violence 
shelters; supporting and organizing community events such as blood 
drives and food as well as clothing drives for the needy; and promoting 
and organizing awareness campaigns covering the full range of issues 
confronting communities today, including AIDS awareness and prevention, 
alcohol abuse, and public safety. The NPRM seeks comment on whether 
these types of activities should be considered in assessing whether a 
licensee has served the public interest under the Communications Act 
and whether they should be listed on an attachment to the standardized 
form.

Access to Public Interest Information

    17. In addition to standardizing the information currently required 
on a station's community-responsive programming, the NPRM proposes to 
enhance the public's access to public interest information by requiring 
broadcast television licensees to maintain a hard copy of the 
standardized form in their public inspection files and to make a 
station's public inspection file, including the form, available on the 
Internet. The NPRM seeks comment on this proposal and on whether 
licensees should forward an electronic copy of the disclosure form to 
the Commission for inclusion in the license file.
    18. Public inspection file. Consistent with the current 
requirements for issues/programs lists, the Commission tentatively 
concludes that licensees must place a paper copy of the standardized 
disclosure form and attachments in their public inspection files each 
quarter and retain those forms until final action on the next renewal 
application. The NPRM seeks comment on this tentative conclusion.
    19. Websites. The Commission currently allows licensees to maintain 
their public inspection file in computer databases. Stations that 
maintain all or part of the file in a computer database must also make 
a computer terminal available to the public at the location of the 
file. The Commission also encourages licensees to post their electronic 
file on any websites they maintain. In the NOI, the Commission asked 
for information on how many broadcasters provide their public file in 
electronic format, and the costs and benefits of doing so. The 
Commission did not receive any specific information in response to 
these questions. The Commission also sought comment on whether 
broadcasters should be required to make their public files available on 
the Internet.
    20. The Commission tentatively concludes that each licensee must, 
each quarter, post the proposed standardized form and the other 
contents of its public inspection file on its website or its state 
broadcasters association's website. The Commission believes that 
converting the public inspection file into an electronic format and 
placing it and the standardized form on a website will not be unduly 
burdensome. Making the information available on the Internet will 
provide 24-hour access to it and, therefore, greatly increase public 
access to information on actions a station has taken to meet its public 
interest obligation. In contrast, the public currently only has access 
to public inspection files during a main studio's regular business 
hours. To the extent individuals do not have access to the Internet or 
do not want to access the information over the Internet, however, they 
still have the option of contacting the station's main studio. The NPRM 
seeks comment on this tentative conclusion. The NPRM asks commenters to 
provide detailed information on the cost of requiring stations that do 
not already maintain a website to do so. The NPRM also seeks comment on 
whether state broadcasters associations' websites are appropriate 
vehicles for posting the disclosure forms and public files and what 
costs may be involved. The NPRM also seeks comment on its tentative 
conclusion that broadcasters must maintain the disclosure forms on the 
website until final action has been taken on the station's next renewal 
license.
    21. Access to persons with disabilities. In the NOI, the Commission 
sought comment on how websites could be made accessible to persons with 
disabilities. Commenters urge the Commission to ensure that 
broadcasters design and maintain their websites in a manner that meets 
the World Wide Web Consortium's Web Accessibility Initiative (W3C/WAI) 
guidelines. The guidelines, as well as extensive information on the 
guidelines, can be accessed at http://www.w3.org/WAI. The NPRM seeks 
comment on whether the Commission should require or encourage 
television broadcasters to design new or make existing websites on 
which they post the proposed form and public file accessible to persons 
with disabilities using the W3C/WAI guidelines. The NPRM also seeks 
comment on other ways in which broadcasters could make the disclosure 
form accessible over the Internet to persons with disabilities.
    22. Electronic filing of the Standardized Form with the Commission. 
The Commission is not inclined, at this time, to require licensees to 
file the proposed standardized form electronically with the Commission. 
While licensees must maintain certain material in a station's public 
inspection file, they are generally not required to file such 
information or reports with the Commission. One commenter proposes that 
broadcasters should be required to file public interest reports 
electronically with the Commission and that the Commission should post 
a link to the filed reports on its own website. The Commission believes 
that its tentative conclusion to require licensees to make disclosure 
forms available on individual websites will afford both the Commission 
and the public adequate access to public interest information. The 
Commission recognizes that this approach differs from that taken in the 
children's television context, and seeks comment on whether the 
proposed standardized public interest disclosure forms should receive 
different treatment.
    23. Other methods for distributing public interest information to 
the public. Commenters also provide other suggestions for how licensees 
might make public interest information available to the public, 
including on-air notifications and providing public interest 
information in newspapers and local-programming guides. The Commission 
proposes not to make any of these methods of distribution mandatory, 
but again encourages television broadcasters to provide information to 
the public under any of these proposals. The NPRM seeks comment on this 
approach.
    24. Licensee interaction with the public through Internet websites. 
While licensees may already interact with the public through telephone 
calls and visits in person to assess a community's programming needs 
and interests, the Commission sought comment in the NOI on whether it 
should require licensees to use Internet websites to ensure that they 
are responsive to the needs of the public. The Commission believes 
licensees could make very effective use of the Internet to maintain a 
continuous dialogue with their communities. At this time, however, the 
Commission is inclined not to mandate interaction with the public 
through Internet websites, but to encourage broadcasters to use their 
websites to conduct discussions with members of the public. The NPRM 
seeks comment on this approach.

[[Page 62688]]

Administrative Matters

    25. Comments and Reply Comments. Pursuant to Sections 1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments on or before December 18, 2000, and reply 
comments on or before January 17, 2001. Comments may be filed using the 
Commission's Electronic Filing System (ECFS) or by filing paper copies. 
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 
24121, May 1, 1998.
    26. 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, 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 [email protected], and 
should include the following words in the body of the message, ``get 
form, your e-mail address>.'' A sample form and directions will be sent 
in reply.
    27. Parties who choose to file by paper should also submit comments 
on diskette. These diskettes should be submitted to: Wanda Hardy, 445 
Twelfth Street, S.W., Room 2-C221, Washington, D.C. 20554. Such a 
submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using WORD 97 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 
commenter's name, proceeding (including the docket number (MM Docket 
No. 00-168)), type of pleading (comment or reply comment), 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, 
preferably in a single electronic file. In addition, commenters must 
send diskette copies to the Commission's copy contractor, International 
Transcription Service, Inc., 445 Twelfth Street, S.W., Room CY-B402, 
Washington, D.C. 20554.
    28. Ex Parte Rules. This proceeding will be treated as a ``permit-
but-disclose'' proceeding, subject to the ``permit-but-disclose'' 
requirements under Section 1.1206(b) of the rules, 47 CFR 1.1206(b), as 
revised. Ex parte presentations are permissible if disclosed in 
accordance with Commission rules, except during the Sunshine Agenda 
period when presentations, ex parte or otherwise, are generally 
prohibited. Persons making oral ex parte presentations are reminded 
that a memorandum summarizing a presentation must contain a summary of 
the substance of the presentation and not merely a listing of the 
subjects discussed. More than a one or two sentence description or the 
views and arguments presented is generally required. 47 CFR 
1.1206(b)(2), as revised. Additional rules pertaining to oral and 
written presentations are set forth in Section 1.1206(b) of the 
Commission's rules.
    29. Initial Regulatory Flexibility Analysis. An Initial Regulatory 
Flexibility Analysis (IRFA) is contained in Appendix B of the NPRM. As 
required by Section 603 of the Regulatory Flexibility Act, 5 U.S.C. 
603, the Commission has prepared an IRFA of the expected impact on 
small entities of the proposals contained in this NPRM. Written public 
comments are requested on the IRFA. To fulfill the mandate of the 
Contract with America Advancement Act of 1996 regarding the Final 
Regulatory Flexibility Analysis, the Commission asks a number of 
questions in its IRFA regarding the prevalence of small business in the 
television broadcasting industry. Comments on the IRFA must be filed in 
accordance with the same filing deadlines as comments on the NPRM, but 
they must have a distinct heading designating them as responses to the 
IRFA. The Commission's Reference Information Center, Consumer 
Information Bureau, will send a copy of this NPRM, including the IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration 
in accordance with Section 603(a) of the Regulatory Flexibility Act, 
Public Law 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981), as 
amended.
    30. Initial Paperwork Reduction Act Analysis. This NPRM may contain 
either proposed or modified information collections. As part of our 
continuing effort to reduce paperwork burdens, the Commission invites 
the public to take this opportunity to comment on the information 
collections contained in this NPRM, as required by the Paperwork 
Reduction Act of 1996. Public and agency comments are due at the same 
time as other comments on the NPRM. 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) ways to 
enhance the quality, utility, and clarity of the information collected; 
(c) 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 to filing comments 
with the Secretary, a copy of any comments on the information 
collections contained in this NPRM should be submitted to Judy Boley, 
Federal Communications Commission, 445 Twelfth Street, S.W., Room 1-
C804, Washington, D.C. 20554, or over the Internet to [email protected] 
and to Edward Springer, OMB Desk Officer, 10236 NEOB, 725 17th Street, 
N.W., Washington, D.C. 20503 or over the Internet to 
[email protected]. 
    31. Additional Information. For additional information on this 
proceeding, please contact Cyndi Thomas, Legal Branch, Policy and Rules 
Division, Mass Media Bureau, (202) 418-2130.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the policies 
and rules proposed in this Notice of Proposed Rulemaking (``NPRM''). 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments as provided in the NPRM. The Commission will send a copy 
of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA). In addition, the NRPM and IRFA 
(or summaries thereof) will be published in the Federal Register.

Need for and Objectives of the Proposed Rules

    On December 20, 1999, the Commission released a Notice of Inquiry 
(``NOI'') seeking comment on several issues related to how broadcasters 
might best serve the public interest during and after the transition 
from analog to digital television (DTV). One of a television 
broadcaster's fundamental public interest obligations is to air 
programming responsive to the needs and interests of its community of

[[Page 62689]]

license. As part of this obligation, commercial television broadcast 
station licensees must currently provide coverage of issues facing 
their communities and place lists of programming used in providing 
significant treatment of those issues (issues/programs lists) in the 
station's public inspection files on a quarterly basis. The record 
developed in response to the NOI, however, provides information on the 
``lack of consistency and uniformity'' in accessing information in a 
station's public inspection files.
    The Commission is now proposing to require analog and DTV broadcast 
station licensees to use a standardized form to provide certain 
information on how stations serve the public interest. The form would 
be provided on a quarterly basis and maintained in the station's public 
inspection file in place of the issues/programs lists. The Commission 
is also proposing to require that licensees make the contents of their 
public inspection files, including the standardized form, available on 
the station's or a state broadcasters association's Internet website. 
The Commission believes that making information, regarding how a 
television broadcast station serves the public interest easier to 
understand and more accessible will promote discussion between the 
licensee and its community, lessening the need for government 
involvement in ensuring that a station is meeting its public interest 
obligation.

Legal Basis

    Authority for the actions proposed in this NPRM may be found in 
Sections 4(i), 303, 307, 309, and 336 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 303, 307, 309, and 336, and 
Sections 1.412, 1.413, and 1.415 of the Commission's rules, 47 CFR 
1.412, 1.413, and 1.415.

Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    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 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under Section 3 of 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.
    The statutory definition of a small business applies ``unless an 
agency after consultation with the Office of Advocacy of the SBA and 
after opportunity for public comment, establishes such definition(s) in 
the Federal Register. A ``small organization'' is generally ``any not-
for-profit enterprise which is independently owned and operated and is 
not dominant in its field''. Nationwide, as of 1992, there were 
approximately 275,801 small organizations.
    The SBA defines a television broadcasting station that has $10.5 
million or less in annual receipts as a small business. A television 
broadcasting station is an establishment primarily engaged in 
broadcasting visual programs to the public, except cable and other pay 
television stations. Included in this industry are commercial, 
religious, educational, and other television stations. According to 
Commission staff review of the BIA Publications, Inc., Master Access 
Television Analyzer Database on July 11, 2000, fewer than 800 
commercial television broadcast stations (65%) subject to our proposal 
have revenues of less than $10.5 million. We note, however, that under 
SBA's definition, revenues of affiliates that are not television 
stations should be aggregated with the television station revenues in 
determining whether a concern is small. Our estimate, therefore, may 
overstate the number of small entities because the revenue figure on 
which it is based does not include or aggregate revenues from non-
television affiliated companies. It would appear that there would be no 
more than 800 entities affected.

Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    Licensees must currently maintain in their station's public 
inspection files quarterly issues/programs lists, records that 
substantiate certification of compliance with the commercial limits on 
children's programming and quarterly Children's Television Programming 
Reports (FCC Form 398). Television and radio broadcast station 
licensees must also maintain information in their public inspection 
files on applications, authorizations, citizens agreements, service 
contour maps, ownership reports, annual employment reports, written 
correspondence with the public on station operations, material related 
to Commission investigations or complaints, and certification that the 
licensee is complying with its requirements for local public notice 
announcements. In addition, broadcast licensees must maintain a 
separate file within the public inspection file concerning requests by 
political candidates for broadcast time on the station.
    The Commission is proposing to standardize and enhance disclosure 
of information from these public inspection files. Specifically, the 
Commission proposes to replace the issues/programs list with a 
standardized form and to require broadcasters to indicate their 
compliance with closed captioning and video description requirements as 
well as describe how, in the normal course of business, they assess 
community needs and interests. In addition, the Commission proposes to 
require broadcasters to make their public inspection files, including 
the forms, available on the Internet. This endeavor would not require 
broadcasters to collect any new information. Rather, the proposals 
would require television broadcasters to provide public interest 
information in a new format--on a standardized form as well as on the 
Internet. The proposals would require the same reporting, 
recordkeeping, and other compliance requirements for small television 
station broadcasters as large broadcasters. The NPRM seeks comment on 
these issues, including comment specifically directed toward the 
possible effects of the requirements on small entities.

Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    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.
    The NPRM requests comment on the Commission's tentative conclusion 
to replace the issues/programs list with a standardized form. An 
alternative to the proposed use of a standardized form would be to 
leave the issues/programs list as it currently exists. Based on 
comments to the NOI, however, we believe that a standardized disclosure

[[Page 62690]]

would simplify the process of providing requested information. This 
simplification would significantly reduce the time licensees, including 
small broadcast television station licensees, need to locate 
information requested by the public. The NPRM specifically asks for 
cost information associated with the requirement that broadcasters, 
especially small broadcasters, provide public interest information in a 
standardized format.
    By definition, the standardized disclosure form would ask questions 
about defined categories of programming. Accordingly, the NPRM seeks 
comment on what categories should be included on the form. While 
categories should be defined, the Commission believes it is not 
necessary to define what type of programming would fall within any 
category, leaving it to the broadcasters' discretion to determine which 
programs belong under which categories. The NPRM also seeks comment on 
the Commission's tentative view only to require that licensees certify 
on the standardized form compliance with the minimum requirements for 
closed captioning and video description.
    The NPRM invites further comment on whether licensees should 
provide a narrative description on the standardized form of the actions 
taken, in the normal course of business, to assess a community's 
programming needs and interests. This requirement would be much less 
burdensome than the Commission's former ascertainment requirements, 
which included detailed methodologies for ascertaining the problems, 
needs and interests of the public within the station's service area. 
Finally, the NPRM seeks comment on whether a licensee's activities in 
its community, including supporting and organizing community events and 
promoting and organizing awareness campaigns, should be considered in 
assessing whether a licensee has served the public interest under the 
Communications Act and whether they should be listed on an attachment 
to the standardized form. The alternative to this requirement would be 
to leave the rule as is. Based on our experience and the comments to 
the NOI, we believe that it serves an important public interest to make 
the information available in a clear and easy to understand format.
    The NPRM also requests comment on the Commission's tentative 
conclusion to require licensees each quarter to place a paper copy of 
the standardized form in their public inspection files and to make 
their public inspection files, including the standardized forms, 
available on the Internet until final action has been taken on the 
station's next renewal license. As an alternative to posting the 
information on each station's website, the Commission has proposed 
allowing licensees to make the public inspection file available on 
state broadcasters associations' websites. The Commission has asked for 
cost information on creating new websites as well as using a licensee's 
state broadcasters association's website. The NPRM seeks comment on 
whether television broadcasters should be encouraged or required to 
make websites on which they post the proposed form and public file 
accessible to persons with disabilities and proposes not to require 
licensees to file the proposed form with the Commission. One 
alternative that the Commission considered was a requirement to mandate 
this type of interaction with the public. As the NPRM states, however, 
the Commission is disinclined to mandate interaction with the public 
through Internet websites, but encourages broadcasters to use their 
websites to conduct discussions with members of the public. The 
Commission is seeking comment on these proposed alternatives so as to 
minimize the effect of the proposed rules on small businesses.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    32. This Notice of Proposed Rulemaking is issued pursuant to the 
authority contained in Sections 4(i), 303, 307, 309, and 336 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303, 307, 
309, and 336, and Sections 1.412, 1.413, and 1.415 of the Commission's 
rules, 47 CFR 1.412, 1.413, and 1.415.
    33. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this NPRM, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 73

    Television broadcasting.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-26785 Filed 10-18-00; 8:45 am]
BILLING CODE 6712-01-P