[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Proposed Rules]
[Pages 37728-37731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13026]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 05-6; FCC 05-10]


Revision of the Public Notice Requirements of Section 73.3580

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This Notice of Proposed Rulemaking (``NPRM'') requests comment 
on whether we should modify the notice that radio and television 
station buyers and sellers are required to provide to the public in 
connection with proposed assignments and transfers of control. This 
NPRM also seeks comment on whether to eliminate the newspaper 
publication exemption for non-commercial educational (``NCE'') stations 
and stations that are the only operating station in their broadcast 
service in their community of license.

DATES: Comments are due August 1, 2005 and reply comments are due 
August 15, 2005. Written comments on the Paperwork Reduction Act 
proposed Information collection requirements must be submitted by the 
public, Office of Management and Budget (OMB), and other interested 
parties on or before August 29, 2005.

ADDRESSES: You may submit comments, identified by MB Docket No. 05-6, 
by any of the following methods:

[[Page 37729]]

     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission Web site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: (202) 
418-0530 or (202) 418-0432.
For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    In addition to filing comments as set forth above, a copy of any 
comments on the information collections contained herein should be 
submitted to Cathy Williams, Federal Communications Commission, Room 1-
C823, 445 12th Street, SW., Washington, DC 20554 or via the Internet to 
Cathy Williams @fcc.gov, and to Kristy L. LaLonde, OMB Desk Officer, 
Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503, via the 
Internet to Kristy--L. [email protected], or via fax at 202-395-5167.

FOR FURTHER INFORMATION, CONTACT: Stephen Svab, Media Bureau at (202) 
418-2700 or via Internet at [email protected]. For additional 
information concerning the Paperwork Reduction Act information 
collection requirements contained in this NPRM, contact Cathy Williams 
at 202-418-2918, or via the Internet at [email protected]. If you 
would like to obtain or view a copy of this revised information 
collection, you may do so by visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking, MB Docket No. 05-6, adopted January 10, 
2005 and released March 15, 2005. The full text of this decision is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554, and may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
(202) 488-5300, facsimile (202) 488-5563, or via e-mail http://www.BCPIWeb.com or may be viewed via Internet at http://www.fcc.gov/mb/
.

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public to comment on the 
information collection requirements contained in this NPRM as required 
by the Paperwork Reduction Act of 1995, Public Law 104-13. Public and 
agency comments are due August 29, 2005. 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) the accuracy 
of the Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) 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, pursuant to the 
Small Business Paperwork Relief Act of 2002, Pub. Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''
    OMB Control Number: 3060-0031.
    Title: Application for Consent to Assignment of Broadcast Station 
Construction Permit or License; Application for Consent to Transfer 
Control of Entity Holding Broadcast Station Construction Permit or 
License; Sec.  73.3580, Local Public Notice of Filing of Broadcast 
Applications.
    Form Number: FCC Form 314 and FCC Form 315.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 4,510.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Estimated Time Per Response: 1 hour to 6 hours.
    Total Annual Burden: 15,890 hours.
    Total Annual Costs: $33,349,150.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On January 10, 2005, the Commission adopted a 
Notice of Proposed Rulemaking (NRPM), In the Matter of the Revision of 
the Public Notice Requirements of Sec.  73.3580, MB Docket No. 05-6, 
FCC 05-10. The NPRM proposes to revise 47 CFR 73.3580(c) to add the 
requirement for newspaper publication to non-commercial educational 
(NCE) stations and stations that are the only operating station in 
their broadcast service in their community of license. Currently, these 
stations are exempt from this requirement.
    The NPRM also proposes to revise the Sec.  73.3580(d) requirement 
that an applicant give notice of the filing of a application for 
renewal of the station's license or permit in a newspaper as described 
in 47 CFR 73.3580(c). The NPRM proposes that the notice must now appear 
in a specific text as described in the proposed revision of 47 CFR 
73.3580(d)(3)(i).

Synopsis of the Notice of Propose Rule Making

    1. This NPRM requests comment on whether we should modify the 
notice that radio and television station buyers and sellers are 
required to provide to the public in connection with proposed 
assignments and transfers of control.
    2. This NPRM also seeks comment on whether to eliminate the 
newspaper publication exemption for non-commercial educational 
(``NCE'') stations and stations that are the only operating station in 
their broadcast service in their community of license.

Initial Regulatory Flexibility Analysis

    3. Compliance requirements will naturally vary depending on the 
Commission's final decision in this proceeding. If the Commission 
decides at the final rules stage of this proceeding to modify the 
public notice regulations as proposed, applicants for consent to 
assignment of a construction permit or license for an AM, FM, or TV 
station or for consent to transfer control of an entity holding a 
construction permit or license for an AM, FM, or TV station would have 
to broadcast and publish public notice using the template proposed for 
inclusion in Sec.  73.3580(d) of the Commission's rules (found in 
paragraph 5 of the NPRM). Additionally, if the Commission ultimately 
eliminates the current Sec.  73.3580(e) exemption from the public 
notice requirements offered to noncommercial educational stations and 
stations that are the only operating station in their broadcast service 
in their community of license, applicants in these categories who file 
for assignment or transfer of a broadcast license would need to publish 
local notice of action in a newspaper of general circulation in the 
community to which the station is licensed. The Commission seeks 
comment on these proposals and their impact on small entities and on 
other ways to enhance the transparency of,

[[Page 37730]]

and public participation in, the sales application review and licensing 
process.

Filing of Comments and Reply Comments

    5. Pursuant to applicable procedures set forth in Sec. Sec.  1.415 
and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments August 1, 2005, and reply comments August 15, 
2005. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. See Electronic Filing 
of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    6. 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, 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.
    7. 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 appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments August 1, 
2005, and reply comments August 15, 2005. Comments may be filed using 
the Commission's Electronic Comment Filing System (ECFS) or by filing 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
    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, Marlene H. Dortch, Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., Room TW-A325, 
Washington, DC 20554. The Media Bureau contact for this proceeding is 
Stephen Svab at (202) 418-2700, TTY (202) 418-7172, or at 
[email protected].
    8. Parties who choose to file by paper should also submit their 
comments on diskette. Parties should submit diskettes to Stephen Svab, 
Media Bureau, 445 12th Street SW., Room 2-B418, Washington, DC 20554. 
Such a submission should be on a 3.5-inch diskette formatted in an IBM 
compatible form using MS DOS 5.0 and Microsoft Word, 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 party's name, proceeding (including the lead 
docket number in this case (MB Docket No. 05-6), type of pleading 
(comments or reply comments), 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, referable in a single electronic 
file. In addition, commenters must send diskette copies to the 
Commission's copy contractor, Best Copy and Printing, Inc., Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554.

List of Subjects in 47 CFR Part 73

    Radio, Reporting and recordkeeping requirements, Television.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as set forth 
below:

PART 73--RADIO BROADCAST SERVICES

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

    Authority: 47 U.S.C. 154, 303, 334, 336 and 339.
    2. Section 73.3580 is amended by revising paragraphs (c) 
introductory text, (d)(1), (d)(3), removing paragraph (e), 
redesignating paragraphs (f) through (i) as paragraphs (e) through (h), 
and by revising newly designated paragraphs (e) and (h) to read as 
follows:


Sec.  73.3580  Local public notice of filing of broadcast applications.

* * * * *
    (c) An applicant who files an application or amendment thereto 
which is subject to the provisions of this section, must give notice of 
this filing in a newspaper. Exceptions to this requirement are 
applications for renewal of AM, FM, TV, Class A TV, non-commercial 
educational, those stations that are the only operating station in 
their broadcast service in their community of license and international 
broadcasting stations; low power TV stations; TV and FM translator 
stations; TV boosters stations; and FM boosters stations. The local 
public notice must be completed within 30 days of the tendering of the 
application. In the event the FCC notifies the applicant that a major 
change is involved, requiring the applicant to file public notice 
pursuant to Sec. Sec.  73.3571, 73.3572, 73.3573 or 73.3578, this 
filing notice shall be given in a newspaper following this 
notification.
* * * * *
    (d) * * *
    (1) An applicant who files for renewal of a broadcast station 
license, other than a low power TV station license not locally 
originating programming as defined by Sec.  74.701(h), an FM translator 
station or a TV translator station license, must give notice of this 
filing by broadcasting announcements on applicant's station. (Sample 
and schedule of announcements are below.) Newspaper publication is not 
required. An applicant who files for renewal of a low power TV station 
license not locally originating programming as defined by Sec.  
74.701(h), an FM translator station or a TV translator station license 
will comply with (f) below.
* * * * *
    (3) Filing announcements. An applicant who files for modification, 
assignment or transfer of a broadcast station license (except for 
International

[[Page 37731]]

broadcast, low power TV, TV translator, TV booster, FM translator and 
FM booster stations) shall give notice of the filing in a newspaper as 
described in paragraph (c) of this section, and also broadcast the same 
notice over the station as follows:
    (i) At least once daily on four days in the second week immediately 
following either the tendering for filing of the application or 
immediately following notification to the applicant by the FCC that 
Public Notice is required pursuant to Sec. Sec.  73.3571, 73.3572, 
73.3573 or Sec.  73.3578. For commercial radio stations these 
announcements shall be made between 7 a.m. and 9 a.m. and/or 4 p.m. and 
6 p.m. For stations which neither operate between 7 a.m. and 9 a.m. nor 
between 4 p.m. and 6 p.m., these announcements shall be made during the 
first two hours of broadcast operation. For commercial TV stations, 
these announcements shall be made between 6 p.m. and 11 p.m. (5 p.m. 
and 10 p.m. Central and Mountain time). For applicants who file for an 
assignment or transfer of a broadcast license, the following 
announcement shall be broadcast in accordance with the terms outlined 
above in this section and published in a newspaper as described in 
paragraph (c) of this section: On (date of filing application), the 
owners of (call sign), (insert assignor or transferor here), filed an 
application with the FCC for consent to sell (call sign) to (insert 
assignee or transferee here). A copy of this application will be 
available for public inspection during our regular business hours. It 
contains additional information concerning the proposed buyer and the 
agreement for the sale of the station. Individuals who wish to advise 
the FCC of facts relating to this application may file comments and 
informal objections prior to Commission action on the application. 
Petitions to deny the application must be filed no later than (date the 
30th day after issuance of the public notice of the acceptance for 
filing of the application). Further information concerning the FCC's 
station sale process is available at (address of location of the 
station's public inspection file) or may be obtained from the FCC, 
Washington, DC 20554 or the FCC Web site, at http://www.fcc.gov/e-file. 
After accessing this Web page, users should click on the ``CDBS Public 
Access'' link and follow instructions found there.
* * * * *
    (e) The notice required by paragraphs (c) and (d) of this section 
shall contain, when applicable, the following information, except as 
otherwise provided in paragraph (d) of this section in regard to 
renewal applications and applications for assignment or transfer of 
license:
* * * * *
    (h) Paragraphs (a) through (g) of this section apply to major 
amendments to license renewal applications. See Sec.  73.3578(a).

[FR Doc. 05-13026 Filed 6-29-05; 8:45 am]
BILLING CODE 6712-01-P