[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Proposed Rules]
[Pages 67331-67334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28611]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 00-44; FCC 00-343]


Extension of the Filing Requirement for Children's Television 
Programming Reports (FCC Form 398)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks comment on the tentative conclusion that 
broadcasters who maintain internet websites should be required to post 
their completed quarterly Children's Television Programming Reports 
(FCC Form 398) on these sites. The FCC 398 is required to be filed by 
commercial television broadcast stations each quarter. This form is 
used to provide information on the efforts of commercial television 
stations to provide children's educational and informational programs 
aired to meet its obligation under the Children's Television Act of 
1990 (CTA). Although the Children's Television Programming Reports are 
available in a central location on the FCC's website, members of the 
public may look first to their local broadcast station for information 
about programming at the station, making station website posting 
useful.

DATES: Comments must be filed on or before December 18, 2000; 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 (PMB) on the proposed information 
collection(s) on or before January 8, 2001.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, 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 Further Notice of 
Proposed Rule Making (``FNPRM'') in MM Docket No. 00-44, FCC 00-343, 
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 fcc00343.pdf on 
the Commission's Internet site at www.fcc.gov.
    This document 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 document 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 
the FNPRM, 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 FNPRM; OMB comments are due January 8, 2001. 
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

[[Page 67332]]

collection techniques or other forms of information technology.
    OMB Control Number: 3060-XXXX.
    Title: FNPRM--Extension of the Filing Requirement for Children's 
Television Programming Reports.
    Form No: FCC Form 398.
    Type of Review: revision of existing collection.
    Respondents: business or other for-profit.
    Number of respondents: 1,250.
    Estimated Time Per Response: 6 hours.
    Total Annual Burden: 30,000 hours.
    Total Annual Costs: $489,600.
    The estimated time, burden and costs are based upon the existing 
burdens for the FCC 398. This burden could increase depending on what 
requirements are ultimately adopted.
    Needs and Uses: The FCC 398 is required to be filed by commercial 
television broadcast stations each quarter. This form is used to 
provide information on the efforts of commercial television stations to 
provide children's educational and informational programs aired to meet 
its obligation under the Children's Television Act of 1990 (CTA). The 
FCC 398 facilitates consistency of reporting among all licensees and 
assist in efforts by the public and the Commission to monitor station 
compliance with the CTA. The FNPRM seeks comments on whether 
broadcasters should be required to provide their completed Children's 
Television Programming Reports at their own websites. Depending on what 
requirements are ultimately adopted, there may be an increase in the 
burden for this form.

Synopsis of Further Notice of Proposed Rulemaking

    1. We tentatively conclude that if a broadcaster maintains a 
website, it must post its quarterly report on that site at the same 
time that it places it in the station's public file. Although the 
Children's Television Programming Reports are available in a central 
location on the FCC's website, we believe that members of the public 
may look first to their local broadcast station, rather than the 
Commission, for information about the programming of the station. Our 
inclination is to allow stations, at their option, either to post the 
quarterly reports on the station's own internet website, or to create a 
link on the station's website directly to either the FCC's children's 
television webpage or to the station's most recent quarterly report on 
the FCC's children's television website. We note that NAB argues that 
it may cost stations more to provide the required form at their 
websites. Allowing stations simply to create a link to the FCC's 
website provides a less costly alternative. This option also responds 
to NAB's concern about any unnecessary duplication of effort associated 
with making the reports available both on the FCC's and the station's 
websites. Broadcasters must currently retain a paper copy of the report 
in their station public inspection file until final action has been 
taken on the station's next renewal of license. We seek comment on 
whether broadcasters that elect to maintain the reports on their own 
station websites should be required to maintain these reports on the 
website until final action has been taken on the station's next license 
renewal application.
    2. Because the Commission's own website provides a central location 
where the public can access reports from all stations in their 
community and across the country, we want to ensure that the 
information on our website is easily accessible by the public. In 
response to a request from CME et al., the Commission staff has created 
a link directly from its internet homepage to its children's television 
webpage. We note that interested organizations can create links 
directly from their own websites to our children's television website 
if they choose.

Administrative Matters

    3. Comments and Reply Comments. Pursuant to Secs. 1.415 and 1.419 
of the Commission's rules, Secs. 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 
(1998).
    4. 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.
    5. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appear in the caption of this proceeding, commenters must submit 
two additional copies for each additional docket or rulemaking number. 
All filings must be sent to the Commission's Secretary, Magalie Roman 
Salas, Office of the Secretary, Federal Communications Commission, 445 
Twelfth Street, S.W.; TW-A325, Washington, DC 20554.
    6. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: Wanda 
Hardy, 445 Twelfth Street, S.W.; 2-C221, Washington, DC 20554. Such a 
submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using WordPerfect 5.1 for Windows 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. 00-44), 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.; CY-B402, Washington, DC 20554.
    7. Ex Parte Rules. This is a permit-but-disclose notice and comment 
rulemaking proceeding. Ex parte presentations are permitted except 
during the Sunshine Agenda period, provided they are disclosed as 
provided in the Commission's Rules. See generally 47 CFR 1.1202, 
1.1203, and 1.1206(a).
    8. Initial Regulatory Flexibility Analysis. With respect to the 
FNPRM, an Initial Regulatory Flexibility Analysis (``IRFA''). As 
required by section 603 of the Regulatory Flexibility Act, the 
Commission has prepared an IRFA of the expected impact on small 
entities of the proposals contained in this FNPRM. Written public 
comments are requested on the IRFA. In order to fulfill the mandate of 
the Contract With America Advancement Act of 1996 regarding the Final 
Regulatory Flexibility Analysis, we ask a number of

[[Page 67333]]

questions in our 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 FNPRM, but 
they must have a distinct heading designating them as responses to the 
IRFA. The Commission's Consumer Information Bureau shall send a copy of 
this FNPRM, 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.
    9. Initial Paperwork Reduction Act Analysis. This FNPRM may contain 
either proposed or modified information collections. As part of our 
continuing effort to reduce paperwork burdens, we invite the general 
public to take this opportunity to comment on the information 
collections contained in this FNPRM, as required by the Paperwork 
Reduction Act of 1996. Public and agency comments are due at the same 
time as other comments on the FNPRM. 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; 
and (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 herein should be submitted to Judy Boley, Federal 
Communications Commission, 445 Twelfth Street, S.W., Room C-1804, 
Washington, DC 20554, or via the Internet to [email protected] and to 
Edward Springer, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW, 
Washington, DC 20503 or via the Internet to 
[email protected].

Initial Regulatory Flexibility Analysis

    10. As required by the Regulatory Flexibility Act, 5 U.S.C. 603 
(``RFA''), the Commission has prepared an Initial Regulatory 
Flexibility Analysis (``IRFA'') of the expected impact on small 
entities of the proposals contained in the attached FNPRM. Written 
public comments are requested with respect to the IRFA. These comments 
must be filed in accordance with the same filing deadlines for comments 
on the rest of the FNPRM, but they must have a separate and distinct 
heading, designating the comments as responses to the IRFA. The 
Commission shall send a copy of this FNPRM, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration in 
accordance with the RFA, 5 U.S.C. 603(a).
    a. Reasons Why Agency Action is Being Considered. Our goal in 
commencing this proceeding is to seek comment on the tentative 
conclusion to require commercial television broadcasters that maintain 
a website to post their quarterly Children's Television Programming 
Reports on that site at the same time that they place the reports in 
the station's public inspection file. We also seek comment on whether 
broadcasters should be required to maintain the reports on the website 
until final action has been taken on the station's next license 
renewal.
    b. Need For and Objectives of the Proposed Rule Changes. Although 
the Children's Television Programming Reports are available in a 
central location on the FCC's website, the FCC believes that members of 
the public may look first to their local broadcast station, rather than 
the Commission, for information about the programming of the station. 
We invite comment on this view and ask commenters to provide detailed 
information on any costs or other burdens associated with requiring 
those stations that maintain websites to post their quarterly reports 
on the sites.
    c. Legal Basis. Authority for the actions proposed in the FNPRM may 
be found in sections 4(i) and 303, 307, and 336(d) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303, 307, and 
336(d), and in the Children's Television Act of 1990.
    d. Recording, Recordkeeping, and Other Compliance Requirements. The 
FNPRM invites comment on the tentative conclusion to require commercial 
television broadcasters that maintain a website to post their quarterly 
Children's Television Programming Reports on that site at the same time 
that they place the reports in the station's public inspection file. We 
also seek comment on whether broadcasters should be required to 
maintain the reports on the website until final action has been taken 
on the station's next license renewal.
    e. Federal Rules that Overlap, Duplicate, or Conflict with the 
Proposed Rules. The rules under consideration in this proceeding do not 
overlap, duplicate, or conflict with any other rules.
    f. Description and Estimate of the Number of Small Entities to 
Which the Rules Would Apply. Under the RFA, small entities may include 
small organizations, small businesses, and small governmental 
jurisdictions. 5 U.S.C. 601(6). The RFA, 5 U.S.C. 601(3), generally 
defines the term ``small business'' as having the same meaning as the 
term ``small business concern'' under the Small Business Act, 15 U.S.C. 
632. 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 Small Business 
Administration (``SBA''). Pursuant to 5 U.S.C. 601(3), 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 one or more definitions of 
such term which are appropriate to the activities of the agency and 
publishes such definition(s) in the Federal Register.
    Small TV Broadcast Stations. The SBA defines small television 
broadcasting stations as television broadcasting stations with $10.5 
million or less in annual receipts. BIA Research Inc. reports that 784 
out of 1221 commercial television stations (64%) have annual revenues 
of less than $10.5 million.
    The requirement to prepare quarterly Children's Television 
Programming Reports applies to commercial broadcast television 
stations. Thus, we estimate that 784 or fewer commercial TV broadcast 
stations are small businesses, as defined by the SBA.
    g. Any Significant Alternatives Minimizing the Impact on Small 
Entities and Consistent with the Stated Objectives: 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. 5 
U.S.C. 603( c).
    11. This FNPRM invites comment generally on the tentative 
conclusion to require commercial television broadcasters that maintain 
a website to post their quarterly Children's Television Programming 
Reports on that site at the same time that they place the reports in 
the station's public inspection

[[Page 67334]]

file. We also seek comment on whether broadcasters should be required 
to maintain the reports on the website until final action has been 
taken on the station's next renewal license. We seek comment on whether 
there is a significant economic impact on any class of small licensees 
as a result of any of these proposals. Any significant alternatives 
presented in the comments will be considered.

Ordering Clauses

    12. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this FNPRM, including the 
Initial and Final Regulatory Flexibility Act Analyses, to the Chief 
Counsel for the Small Business Administration.

List of Subjects in 47 CFR Part 73

    Television broadcasting.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rules

    Part 73 of title 47 of the U.S. Code of Federal Regulations is 
proposed to be amended to read 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.

    2. Section 73.3526 is amended by revising paragraph (e)(11)(iii) to 
read as follows:


Sec. 73.3526  Local public inspection file of commercial stations.

* * * * *
    (e) * * *
    (11) * * *
    (iii) Children's television programming reports. For commercial TV 
broadcast stations, on a quarterly basis, a completed Children's 
Television Programming Report (``Report''), on FCC Form 398, reflecting 
efforts made by the licensee during the preceding quarter, and efforts 
planned for the next quarter, to serve the educational and 
informational needs of children. The Report for each quarter is to be 
placed in the public inspection file by the tenth day of the succeeding 
calendar quarter. By this date, a copy of the Report for each quarter 
is also to be filed electronically with the FCC. The Report shall 
identify the licensee's educational and informational programming 
efforts, including programs aired by the station that are specifically 
designed to serve the educational and informational needs of children, 
and it shall explain how programs identified as Core Programming meet 
the definition set forth in Sec. 73.671(c). The Report shall include 
the name of the individual at the station responsible for collecting 
comments on the station's compliance with the Children's Television 
Act, and it shall be separated from other materials in the public 
inspection file. The Report shall also identify the program guide 
publishers to which information regarding the licensee's educational 
and informational programming was provided as required in 
Sec. 73.673(b), as well as the station's license renewal date. These 
Reports shall be retained in the public inspection file until final 
action has been taken on the station's next license renewal 
application. Licensees shall publicize in an appropriate manner the 
existence and location of these Reports.
* * * * *
[FR Doc. 00-28611 Filed 11-8-00; 8:45 am]
BILLING CODE 6712-01-P