[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69684-69686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23821]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission for Extension Under Delegated 
Authority, Comments Requested

November 29, 2007.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to (PRA) of 
1995 (PRA), Public Law 104-13. An agency may not conduct or sponsor a 
collection of information unless it displays a currently valid control 
number. Subject to the PRA, no person shall be subject to any penalty 
for failing to comply with a collection of information that does not 
display a valid control number. Comments are requested concerning (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 estimate; (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.

DATES: Written PRA comments should be submitted on or before February 
8,

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2008. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: You may submit all PRA comments by e-mail or U.S. post mail. 
To submit your comments by e-mail, send them to [email protected]. To submit 
your comments by U.S. mail, mark them to the attention of Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection(s), contact Cathy Williams at (202) 418-2918 or 
send an e-mail to [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0185.
    Type of Review: Extension of a currently approved collection.
    Title: Section 73.3613, Filing of Contracts.
    Form Number: Not applicable.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,300.
    Estimated Hours per Response: 0.25 to 0.5 hours
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Total Annual Burden: 950 hours.
    Total Annual Cost: $80,000.
    Privacy Impact Assessment: No impact(s).
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Needs and Uses: 47 CFR 73.3613 requires each licensee or permittee 
of a commercial or noncommercial AM, FM, TV or International broadcast 
station shall file with the FCC copies of the following items: 
Contracts, instruments, and documents together with amendments, 
supplements, and cancellations (with the substance of oral contracts 
reported in writing), within 30 days of execution thereof:
    (a) Network service: Network affiliation contracts between stations 
and networks will be reduced to writing and filed as follows:
    (1) All network affiliation contracts, agreements, or 
understandings between a TV broadcast or low power TV station and a 
national network. For the purposes of this paragraph the term network 
means any person, entity, or corporation which offers an interconnected 
program service on a regular basis for 15 or more hours per week to at 
least 25 affiliated television licensees in 10 or more states; and/or 
any person, entity, or corporation controlling, controlled by, or under 
common control with such person, entity, or corporation.
    (2) Each such filing on or after May 1, 1969, initially shall 
consist of a written instrument containing all of the terms and 
conditions of such contract, agreement or understanding without 
reference to any other paper or document by incorporation or otherwise. 
Subsequent filings may simply set forth renewal, amendment or change, 
as the case may be, of a particular contract previously filed in 
accordance herewith.
    (3) The FCC shall also be notified of the cancellation or 
termination of network affiliations, contracts for which are required 
to be filed by this section.
    (b) Ownership or control: Contracts, instruments or documents 
relating to the present or future ownership or control of the licensee 
or permittee or of the licensee's or permittee's stock, rights or 
interests therein, or relating to changes in such ownership or control 
shall include but are not limited to the following:
    (1) Articles of partnership, association, and incorporation, and 
changes in such instruments;
    (2) Bylaws, and any instruments effecting changes in such bylaws;
    (3) Any agreement, document or instrument providing for the 
assignment of a license or permit, or affecting, directly or 
indirectly, the ownership or voting rights of the licensee's or 
permittee's stock (common or preferred, voting or nonvoting), such as:
    (i) Agreements for transfer of stock;
    (ii) Instruments for the issuance of new stock; or
    (iii) Agreements for the acquisition of licensee's or permittee's 
stock by the issuing licensee or permittee corporation. Pledges, trust 
agreements, options to purchase stock and other executory agreements 
are required to be filed. However, trust agreements or abstracts 
thereof are not required to be filed, unless requested specifically by 
the FCC. Should the FCC request an abstract of the trust agreement in 
lieu of the trust agreement, the licensee or permittee will submit the 
following information concerning the trust:
    (A) Name of trust;
    (B) Duration of trust;
    (C) Number of shares of stock owned;
    (D) Name of beneficial owner of stock;
    (E) Name of record owner of stock;
    (F) Name of the party or parties who have the power to vote or 
control the vote of the shares; and
    (G) Any conditions on the powers of voting the stock or any unusual 
characteristics of the trust.
    (4) Proxies with respect to the licensee's or permittee's stock 
running for a period in excess of 1 year, and all proxies, whether or 
not running for a period of 1 year, given without full and detailed 
instructions binding the nominee to act in a specified manner. With 
respect to proxies given without full and detailed instructions, a 
statement showing the number of such proxies, by whom given and 
received, and the percentage of outstanding stock represented by each 
proxy shall be submitted by the licensee or permittee within 30 days 
after the stockholders' meeting in which the stock covered by such 
proxies has been voted. However, when the licensee or permittee is a 
corporation having more than 50 stockholders, such complete information 
need be filed only with respect to proxies given by stockholders who 
are officers or directors, or who have 1% or more of the corporation's 
voting stock. When the licensee or permittee is a corporation having 
more than 50 stockholders and the stockholders giving the proxies are 
not officers or directors or do not hold 1% or more of the 
corporation's stock, the only information required to be filed is the 
name of any person voting 1% or more of the stock by proxy, the number 
of shares voted by proxy by such person, and the total number of shares 
voted at the particular stockholders' meeting in which the shares were 
voted by proxy.
    (5) Mortgage or loan agreements containing provisions restricting 
the licensee's or permittee's freedom of operation, such as those 
affecting voting rights, specifying or limiting the amount of dividends 
payable, the purchase of new equipment, or the maintenance of current 
assets.
    (6) Any agreement reflecting a change in the officers, directors or 
stockholders of a corporation, other than the licensee or permittee, 
having an interest, direct or indirect, in the licensee or permittee as 
specified by Sec.  73.3615.
    (7) Agreements providing for the assignment of a license or permit 
or agreements for the transfer of stock filed in accordance with FCC 
application Forms 314, 315, 316 need not be resubmitted pursuant to the 
terms of this rule provision.
    (c) Personnel: (1) Management consultant agreements with 
independent contractors; contracts relating to the utilization in a 
management capacity of any person other than an officer, director, or 
regular employee of the licensee or permittee;

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station management contracts with any persons, whether or not officers, 
directors, or regular employees, which provide for both a percentage of 
profits and a sharing in losses; or any similar agreements.
    (2) The following contracts, agreements, or understandings need not 
be filed: Agreements with persons regularly employed as general or 
station managers or salesmen; contracts with program managers or 
program personnel; contracts with attorneys, accountants or consulting 
radio engineers; contracts with performers; contracts with station 
representatives; contracts with labor unions; or any similar 
agreements.
    (d)(1) Time brokerage agreements (also known as local marketing 
agreements): Time brokerage agreements involving radio stations where 
the licensee (including all parties under common ownership) is the 
brokering entity, the brokering and brokered stations are both in the 
same market as defined in the local radio multiple ownership rule 
contained in Sec.  73.3555(a), and more than 15 percent of the time of 
the brokered station, on a weekly basis is brokered by that licensee; 
time brokerage agreements involving television stations where the 
licensee (including all parties under common control) is the brokering 
entity, the brokering and brokered stations are both licensed to the 
same market as defined in the local television multiple ownership rule 
contained in Sec.  73.3555(b), and more than 15 percent of the time of 
the brokered station, on a weekly basis, is brokered by that licensee; 
time brokerage agreements involving radio or television stations that 
would be attributable to the licensee under Sec.  73.3555 Note 2, 
paragraph (i). Confidential or proprietary information may be redacted 
where appropriate but such information shall be made available for 
inspection upon request by the FCC.
    (2) Joint sales agreements: Joint sales agreements involving radio 
stations where the licensee (including all parties under common 
control) is the brokering entity, the brokering and brokered stations 
are both in the same market as defined in the local radio multiple 
ownership rule contained in Sec.  73.3555(a), and more than 15 percent 
of the advertising time of the brokered station on a weekly basis is 
brokered by that licensee. Confidential or proprietary information may 
be redacted where appropriate but such information shall be made 
available for inspection upon request by the FCC.
    (e) The following contracts, agreements or understandings need not 
be filed but shall be kept at the station and made available for 
inspection upon request by the FCC; subchannel leasing agreements for 
Subsidiary Communications Authorization operation; franchise/leasing 
agreements for operation of telecommunications services on the 
television vertical blanking interval and in the visual signal; time 
sales contracts with the same sponsor for 4 or more hours per day, 
except where the length of the events (such as athletic contests, 
musical programs and special events) broadcast pursuant to the contract 
is not under control of the station; and contracts with chief 
operators.
    In June 2003, the Commission adopted changes to 47 CFR 73.3613 and 
the FCC's attribution rules. As a result, radio stations located in 
Arbitron radio markets must now file agreements for the sale of 
advertising time (i.e., ``Joint Sales Agreements'' or ``JSAs'') that 
result in attribution under the Commission's multiple ownership rules. 
47 CFR 73.3613 requires licensees of television and radio broadcast 
stations to file with the Commission: (a) Contracts relating to 
ownership or control and personnel; and (b) time brokerage agreements 
that result in arrangements being counted under the Commission's 
multiple ownership rules. Television stations also must file network 
affiliation agreements. This section also requires certain contracts to 
be retained at the station and made available for inspection by the 
Commission upon request.
    On June 24, 2004, the Court issued an Opinion and Judgment 
(``Remand Order'') in which it upheld certain aspects of the new 
ownership rules, including the attribution of JSAs among radio 
stations, while requiring further explanation for certain other aspects 
of the new rules. The Court stated that its prior stay of the new rules 
would remain in effect pending the outcome of the remand proceeding. 
The Commission has not yet responded to the Remand Order, but in the 
meantime the Commission filed a petition for rehearing requesting that 
the Court lift the stay partially--i.e., with respect to the radio 
ownership and JSA attribution rules which the Court's Remand Order 
upheld.
    On September 3, 2004, the Court issued an Order (``Rehearing 
Order'') which partially granted the Commission's petition for 
rehearing, thus lifting the stay of the revised radio ownership and JSA 
attribution rules. As a result of the Rehearing Order, the Commission's 
revised radio ownership and JSA attribution rules took effect on 
September 3, 2004. Implementation of the new radio ownership and JSA 
attribution rules, as required by the Rehearing Order, triggers the 
requirement for certain licensees to begin filing JSAs.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-23821 Filed 12-7-07; 8:45 am]
BILLING CODE 6712-01-P