[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Rules and Regulations]
[Pages 66643-66644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28353]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 76

[MM Docket No. 83-484; FCC 00-386]


Repeal or Modification of the Personal Attack and Political 
Editorial Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document concerns repeal of the personal attack and 
political editorial rules for broadcast licensees and cable system 
operators. This order repeals the broadcast and cable personal attack 
and political editorial rules. The order also vacates the Commission's 
earlier Order and Request to Update Record which had suspended for 60 
days the personal attack and political editorial rules. The U.S. 
District Court of Appeals, D.C. Circuit, by order of October 11, 2000 
directed the Commission to repeal the rules, noting that the Commission 
may institute a new rulemaking proceeding to determine whether, 
consistent with constitutional constraints, the public interest 
requires the personal attack and political editorial rules.

DATES: This rule is effective October 26, 2000.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Cyndi Thomas, Policy and Rules 
Division, Mass Media Bureau, at (202) 418-2600.

SUPPLEMENTARY INFORMATION: This is a summary of the Order in MM Docket 
No. 83-484, FCC 00-386, adopted October 26, 2000; released October 26, 
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,

[[Page 66644]]

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 fcc00386.pdf on the Commission's 
Internet site at www.fcc.gov.

Synopsis of Order

    1. Pursuant to the D.C. Circuit Court of Appeals' order in Radio-
Television News Directors Association v. FCC, No. 98-1305, slip op. 
(D.C. Cir. Oct. 11, 2000) (RTNDA), the Commission hereby repeals 
Secs. 73.1920 and 73.1930 of our rules, 47 CFR 73.1920, 73.1930, the 
broadcast personal attack and political editorial rules. Further, in 
light of these actions, the Commission vacates its Order and Request to 
Update Record released October 4, 2000 (FCC 00-360) (65 FR 60387, 
October 11, 2000) and terminate this proceeding.
    2. The Commission also repeals the personal attack and political 
editorial rules that apply to cable television operators. 47 CFR 
76.209(b), (c), and (d). Although these rules were not specifically 
cited in the proceeding before the Court of Appeals in RTNDA, they are 
identical to those rules in all material respects. The potential 
elimination of these rules was raised in a Notice of Proposed Rule 
Making in MM Docket No. 83-331, 48 FR 26471 (June 8, 1983), and was 
specifically addressed in a 1996 request for further information in the 
instant docket, MM Docket No. 83-484, 48 FR 28295 (June 21, 1983). 
Given the delay in concluding these proceedings and the Court of 
Appeals' decision, the Commission also vacates these identical cable 
television rules placed at issue in MM Docket No. 83-331. The 
Commission does so on the procedural grounds set forth in the Court of 
Appeals' decision in RTNDA, without expressing any conclusion as to the 
substantive issues underlying these rules. As the Court of Appeals 
noted, ``[o]f course, the Commission may institute a new rule-making 
proceeding to determine whether, consistent with constitutional 
constraints, the public interest requires the personal attack and 
political editorial rules.'' RTNDA, slip op. at 4. With respect to the 
personal attack and political editorial rules, ``these are issues that 
the court has yet to decide.'' Id. 

Ordering Clauses

    3. Sections 73.1920, 73.1930 and 76.209(b), (c), and (d) of the 
Commission's rules, 47 CFR 73.1920, 73.1930, 76.209(b), (c), (d) are 
repealed.
    4. The Commission's rules are amended as set forth.
    5. The Order and Request to Update Record, FCC 00-360 (rel. Oct. 4, 
2000) is vacated.
    6. This proceeding is terminated.
    7. This action is taken pursuant to sections 4(i), 4(j) and 303 of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
and 303.

List of Subjects

47 CFR Part 73

    Radio, television broadcasting.

47 CFR Part 76

    Cable television service.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Parts 73 and 76 of Chapter 1 of Title 47 of the Code of Federal 
Regulations are amended as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec. 73.1920  [Removed]

    2. Section 73.1920 is removed.


Sec. 73.1930  [Removed]

    3. Section 73.1930 is removed.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

    4. The authority citation for part 76 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 317, 325, 503, 521, 522, 531, 532, 534, 535, 
536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 
561, 571, 572, 573.


    5. Sections 76.209 is revised to read as follows:


Sec. 76.209  Fairness doctrine; personal attacks; political editorials.

    A cable television system operator engaging in origination 
cablecasting shall afford reasonable opportunity for the discussion of 
conflicting views on issues of public importance.

    Note to Sec. 76.209: See public notice, ``Applicability of the 
Fairness Doctrine in the Handling of Controversial Issues of Public 
Importance,'' 29 FR 10415.

[FR Doc. 00-28353 Filed 11-6-00; 8:45 am]
BILLING CODE 6712-01-P