[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Notices]
[Pages 34672-34673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14122]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 04-1690]


Elimination of Market Entry Barriers for Small Telecommunications 
Businesses and Allocations of Spectrum-Based Services for Small 
Businesses and Businesses Owned by Women and Minorities

AGENCY: Federal Communications Commission.

ACTION: Notice, solicitation of comment.

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SUMMARY: The Media Bureau seeks comment on constitutionally permissible 
ways for the Commission to further its legislative mandate to identify 
and eliminate market entry barriers for small telecommunications 
businesses and to further opportunities in the allocation of spectrum-
based services for small businesses and businesses owned by women and 
minorities. Specifically, the Commission seeks comment on furthering 
these statutory objectives in a constitutionally permissible manner, 
especially in light of two recent Supreme Court decisions.

DATES: Comments are due on or before July 22, 2004; Reply comments are 
due on or before August 6, 2004.

FOR FURTHER INFORMATION CONTACT: Anne Levine, Industry Analysis 
Division, Media Bureau, (202) 418-2330 or [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Public Notice, DA 04-1690, released June 15, 2004. The full text of 
this Public Notice is available for inspection and copying during 
regular business hours in the FCC Reference Center, 445 Twelfth Street, 
SW., Room CY-A257, Portals II, Washington, DC, 20554, and may also be 
purchased from the Commission's copy contractor, Best Company and 
Printing, Inc., Room CY-B402, telephone (800) 378-3160, e-mail http://www.BCPIWEB.COM. To request materials in accessible formats for people 
with disabilities (electronic files, large print, audio format and 
Braille), send an e-mail to [email protected] or call the Consumer & 
Governmental Affairs Bureau at 202-418-0531 (voice), 418-7365 (TTY).
    The Media Bureau (Bureau) is seeking comment on constitutionally 
permissible ways to further the mandates of Section 257 of the 
Telecommunications Act of 1996, 47 U.S.C. 257, which directs the FCC to 
identify and eliminate market entry barriers for small 
telecommunications businesses, and section 309(j) of the Communications 
Act of 1934, 47 U.S.C. 309(j), which requires the FCC to further 
opportunities in the allocation of spectrum-based services for small 
businesses and businesses owned by women and minorities. We 
specifically encourage commenters to discuss possible next steps to 
further these statutory objectives in a constitutionally permissible 
manner, especially in light of two recent Supreme Court decisions. See 
Grutter v. Bollinger, 539 U.S. 306 (2003); Gratz v. Bollinger, 539 U.S. 
244 (2003).
    Commenters should discuss and proffer specific recommendations for 
building on the series of market entry barrier studies listed below. 
These studies were conducted pursuant to section 257 of the 
Telecommunications Act of 1996, 47 U.S.C. 257, and section 309(j) of 
the Communications Act of 1934, 47 U.S.C. 309(j), and released by the 
Commission in December 2000. In particular, we urge commenters to 
identify any recent analyses relevant to the conclusions of the 
studies.
     Diversity of Programming in the Broadcast Spectrum: Is 
There a Link Between Owner Race or Ethnicity and News and Public 
Affairs Programming? (the ``Content/Ownership Study'').
     Study of the Broadcast Licensing Process, consisting of 
three parts: History of the Broadcast Licensing Process; Utilization 
Rates, Win Rates and Disparity Ratios for Broadcast Licenses Awarded by 
the FCC; and Logistic Regression Models of the Broadcast License Award 
Process for Licenses Awarded by the FCC (the ``Broadcasting Licensing 
Study'').
     FCC Econometric Analysis of Potential Discrimination 
Utilization Ratios for Minority- and Women-Owned Companies in FCC 
Wireless Spectrum Auctions (the ``Auction Utilization Study'').
     Study of Access to Capital Markets and Logistic 
Regressions for License Awards by Auctions (the ``Capital Markets and 
Auctions Regression Study'') aka ``Discrimination in Capital Markets, 
Broadcast/Wireless Spectrum Service Providers and Auction Outcomes.''
     Whose Spectrum Is It Anyway? Historical Study of Market 
Entry Barriers, Discrimination and Changes in Broadcast and Wireless 
Licensing 1950 to Present (the ``Historical Study'').

[[Page 34673]]

     When Being No. 1 Is Not Enough: the Impact of Advertising 
Practices On Minority-Owned & Minority-Formatted Broadcast Stations 
(the ``Advertising Study'')(Released January 1999).
    The studies are available on the FCC's Web site at http://www.fcc.gov/opportunity/meb_study/, except for the Advertising Study, 
which is available on the FCC's Web site at http://www.fcc.gov/Bureaus/Mass_Media/Informal/ad-study/. The studies are also available on the 
Commission's Electronic Filing System (ECFS) under MB Docket No. 04-
228.
    Comments must be filed on or before July 22, 2004; and reply 
comments must be filed by August 6, 2004. Comments and reply comments 
may be filed using the Commission's Electronic Filing System or by 
filing paper copies (an original and four copies). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121, (May 1, 
1998). All comments should reference MB Docket No. 04-228.
    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.
    Parties also must serve either one copy of each filing via e-mail 
or two paper copies to Best Copy and Printing, Inc., Portals II, 445 
12th Street, SW., Room CY-B402, Washington, DC. 20554, telephone (800) 
378-3160, or via e-mail to [email protected]. In addition, parties should 
serve one copy of each filing via email or three paper copies to Linda 
Senecal, 445 12th Street, SW., 2-C438, Washington, DC 20554.
    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. 
Persons with disabilities who need assistance in the FCC Reference 
Center may contact Bill Cline at (202) 418-0267 (voice), (202) 418-7365 
(TTY), or [email protected]. These documents also will be available from 
the Commission's Electronic Comment Filing System. Documents are 
available electronically in ASCII, Word 97, and Adobe Acrobat. Copies 
of filings in this proceeding may be obtained from Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone (800) 378-3160, fax (202) 488-5563, via 
e-mail at [email protected], or via its Web site at http://
www.bcpiweb.com. 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).

Federal Communications Commission.
W. Kenneth Ferree,
Chief, Media Bureau.
[FR Doc. 04-14122 Filed 6-21-04; 8:45 am]
BILLING CODE 6712-01-P