[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9215-9217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4391]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 02-277; DA 04-320]


Additional Comment Sought on UHF Television Discount

AGENCY: Federal Communications Commission.

ACTION: Final rule; request for comments.

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SUMMARY: In light of recent legislation affecting the national 
television ownership limit, this document establishes a limited comment 
period to afford petitioners and commenters an opportunity to update 
the record regarding the Commission's previous decision to retain the 
50 percent UHF discount. Pending petitions for reconsideration urge the 
Commission to eliminate the UHF discount. The limited comment period is 
intended to afford petitioners and commenters an opportunity to update 
the record as to the effect, if any, of recent legislation on the 
Commission's authority and decision in this area.

DATES: Submit comments on or before March 19, 2004, and reply comments 
on or before March 29, 2004.

ADDRESSES: 445 12th Street, SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Debra Sabourin or Patrick Webre, 
Industry Analysis Division, Media Bureau, 202-418-2330.

SUPPLEMENTARY INFORMATION:

Synopsis of the Order on Reconsideration

    1. On June 2, 2003, the Commission adopted the 2002 Biennial 
Regulatory Review Report and Order in this proceeding. (In the Matter 
of 2002 Biennial Regulatory Review--Review of the Commission's 
Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 
202 of the Telecommunications Act of 1996, Cross-Ownership of Broadcast 
Stations and Newspapers, Rules and Policies Concerning Multiple 
Ownership of Radio Broadcast Stations in Local Markets, Definition of 
Radio Markets, and Definition of Radio Markets for Areas Not Located in 
an Arbitron Survey Area (Report and Order), 68 FR 46286, August 5, 
2003, appeal pending sub nom. Prometheus Radio Project, et al. v. FCC, 
Nos. 03-3388, et al. (3d Cir.). The rule changes adopted in the Report 
and Order were stayed by the U.S. Court of Appeals for the Third 
Circuit and did not go into effect.) Among other things, the Report and 
Order raised the Commission's national television multiple ownership 
limit (47 CFR 73.3555(e)) from 35 percent to 45 percent. The Report and 
Order also retained the Commission's 50 percent UHF discount.
    2. On January 22, 2004, President Bush signed into law the 
Consolidated Appropriations Act, 2004, H.R. 2673. (Consolidated 
Appropriations Act, 2004, Public Law 108-199, section 629, 118 Stat. 3 
(2004) (Appropriations Act). Section 629(1) of the Appropriations Act 
amends Section 202(c) of the Telecommunications Act of 1996 (Telecom 
Act), and directs the Commission to modify the national television 
ownership limit to 39 percent. Pending petitions for reconsideration 
ask the Commission to reconsider its decision to retain the UHF 
discount, urging its immediate elimination.\1\ We are opening a limited 
comment period in order to afford petitioners and commenters an 
opportunity to update the record as to the effect, if any, of the 
Appropriations Act on our authority and decision in this area. We 
invite comment as to whether the enactment of the 39 percent national 
cap affects our authority to modify or eliminate the UHF discount. For 
example, does passage of the 39 percent cap signify congressional 
approval, adoption, or ratification of the 50 percent UHF discount?
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    \1\ See petitions for reconsideration filed by the Amherst 
Alliance and Virginia Center for the Public Press; Capitol 
Broadcasting Company, Inc.; and Office of Communication of the 
United Church of Christ, Inc., Black Citizens for a Fair Media, 
Philadelphia Lesbian and Gay Task Force, and Women's Institute for 
Freedom of the Press (UCC, et al.) The full text of the petitions 
for reconsideration, the oppositions, and the replies is available 
electronically at http//www.fcc.gov/cgb/ecfs under MB Docket No. 02-
277, or from the Commission's duplicating contractor, Qualex 
International, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (202) 863-2893.
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    3. Comments must be filed on or before March 19, 2004; and reply 
comments must be filed by March 29, 2004. Comments and reply comments 
may be filed using the Commission's Electronic Filing System (ECFS) or 
by filing paper copies (an original and four copies). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). All 
comments should reference MB Docket No. 02-277. The Commission 
incorporates by reference the Initial Regulatory Flexibility Analysis 
published in the Notice of Proposed Rulemaking in this proceeding. 
(2002 Biennial Regulatory Review--Review of the Commission's Broadcast 
Ownership Rules and Other Rules adopted Pursuant to Section 202

[[Page 9217]]

of the Telecommunications Act of 1996, Cross-Ownership of Broadcast 
Stations and Newspapers, Rules and Policies Concerning Multiple 
Ownership of Radio Broadcast Stations in Local Markets, Definition of 
Radio Markets, 67 FR 65751, October 28, 2002, 17 FCC Rcd 18503, 
Appendix A.)
    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. In 
completing the transmittal screen, commenters should include their full 
name, U.S. 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.'' A sample 
form and directions will be sent in reply. Parties who choose to file 
by paper must file an original and four copies of each filing. Filings 
can be sent by hand or messenger delivery, by commercial overnight 
courier, or by first-class or overnight U.S. Postal Service mail 
(although we continue to experience delays in receiving U.S. Postal 
Service mail). The Commission's contractor, Natek, Inc., will receive 
hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Office of the Secretary, Federal Communications 
Commission.
    5. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street, SW., CY-A257, Washington, 
DC 20554. These documents also will be available electronically from 
the Commission's Electronic Comment Filing System. Documents are 
available electronically in ASCII text, Word 97, and Adobe Acrobat. 
Copies of filings in this proceeding may be obtained from Qualex 
International, Portals II, 445 12th Street, SW., Room, CY-B402, 
Washington, DC 20554, telephone (202) 863-2893, facsimile (202) 863-
2898, or via e-mail at [email protected]. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer and Governmental Affairs Bureau at 202-418-0531 
(voice), 202-418-7365 (TTY).

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
W. Kenneth Ferree,
Chief, Media Bureau.
[FR Doc. 04-4391 Filed 2-26-04; 8:45 am]
BILLING CODE 6712-01-P