[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Proposed Rules]
[Pages 8255-8259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2664]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 04-233; FCC 07-218]


Report on Broadcast Localism and Notice of Proposed Rulemaking

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document provides a summary of the public comments and 
reply comments received in response to the Federal Communications 
Commission's Notice of Inquiry concerning broadcast localism and the 
testimony received at the six field hearings on localism. The document 
also outlines several proposed rule changes designed to enhance 
broadcast localism and diversity, to increase and improve the amount 
and nature of broadcast programming that is targeted to the local needs 
and interests of a licensee's community of service, and provide more 
accessible information to the public about broadcasters' efforts to air 
such programming. It seeks comment on those such proposals that are not 
the subject of other ongoing or contemplated Commission rulemaking 
proceedings.

DATES: Comments are due on or before March 14, 2008. Reply comments are 
due on or before April 14, 2008.

ADDRESSES: You may submit comments, identified by MB Docket No. 04-233, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's 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 TTY: 202-418-0432.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. In addition to filing comments 
with the Office of the Secretary, a copy of any comments on the 
Paperwork Reduction Act information collection requirements contained 
herein should be submitted to Cathy Williams, Federal Communications 
Commission, 445 12th St, SW., Room 1-C823, Washington, DC 20554, or via 
the Internet at [email protected]; and also to Nicholas A. Fraser of the 
Office of Management and Budget (OMB), via Internet at [email protected] or via fax at (202) 395-5167.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, please contact Jeremy M. Kissel, Media Bureau, Policy 
Division, at (202) 418-2120, or via e-mail at [email protected].
    For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams at 202-418-2918, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
on Broadcast Localism and Notice of Proposed Rulemaking, FCC 07-218, 
adopted on December 18, 2007, and released on January 24, 2008 
(Report). The full text of this document is available for public 
inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th Street, 
SW., CY-A257, Washington, DC 20554. This document will also be 
available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be 
available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The 
complete text may be purchased from the Commission's copy contractor, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request 
this document in accessible formats (computer diskettes, large print, 
audio recording, and Braille), send an e-mail to [email protected] or call 
the Commission's Consumer and Governmental Affairs Bureau at (202) 418-
0530 (voice), (202) 418-0432 (TTY).
    1. In August 2003, the Commission launched a Localism in 
Broadcasting initiative to review, and possibly enhance, localism 
practices among broadcasters, which are designed to ensure that each 
station treats the significant needs and issues of the community that 
it is licensed to serve with the programming that it offers. In 
addition to establishing procedures by which the Commission would study 
the state of broadcast localism and take any steps necessary to 
strengthen such efforts by licensees, on July 1, 2004, the Commission 
issued a Notice of Inquiry (NOI) concerning localism. Through the NOI, 
the Commission sought direct input from the public on how broadcasters 
are serving the interests and needs of their communities; whether the 
agency needs to adopt new policies, practices, or rules designed 
directly to promote localism in broadcast television and radio; and, if 
so, what those policies, practices, or rules should be.
    2. The NOI took note that, during the Commission's 2002 review of 
its structural broadcast ownership rules, the agency received public 
comments indicating that many broadcasters may be failing to meet the 
needs of their local communities. In response, the Commission opened a 
separate inquiry proceeding (MB Docket No. 04-233) to seek public input 
on a number of issues related to broadcast localism. Among them were 
questions as to how broadcasters are communicating with the communities 
that they serve and are serving the needs of those communities, 
including whether stations are airing a sufficient amount of community-
responsive programming, such as news, political material and disaster 
warnings, as well as the state of their service to traditionally 
underserved audiences. It also sought comment on the relationship 
between networks and their affiliated stations, payola and sponsorship 
identification, the license renewal process and possible additional 
spectrum allocations. The NOI also asked whether, based on that 
analysis, the Commission should take action to ensure that licensees 
meet their localism obligations or, in the alternative, should continue 
to rely on market forces and the existing issue-responsive programming 
rules to encourage broadcasters to meet their obligations.
    3. In the Report, the Commission summarizes the record of the 
comments and testimony amassed in the localism proceeding for each of 
the nine general localism areas of inquiry specified in

[[Page 8256]]

the NOI: (1) Communication between licensees and their stations' 
communities; (2) nature and amount of community-responsive programming; 
(3) political programming; (4) underserved audiences; (5) disaster 
warnings; (6) network affiliation rules; (7) payola/sponsorship 
identification; (8) license renewal procedures; and (9) additional 
spectrum allocations. The Commission then provides an analysis of the 
pertinent record, and notes those areas in which the Commission 
believes that revision of its rules, procedures, and policies may be 
called for to ensure that broadcasters effectively meet the needs and 
problems of their communities with the programming that they air.
    4. Specifically, in the Report, the Commission directs the Media 
Bureau to update The Public and Broadcasting publication to include 
information concerning the broadcast renewal process, applicable 
deadlines, and complaint procedures; states its intention to establish 
a Commission contact point dedicated to providing information to 
members of the public regarding how they can become involved in the 
Commission's processes; notes its intention to begin a proceeding to 
propose rules promoting access by cable and satellite subscribers to 
the programming of television broadcast stations licensed to 
communities in the states in which they live to address situations in 
which cable and satellite subscribers often do not receive the local 
news and information provided by an in-state station because the 
Commission's rules effectively require carriage of an out-of-state 
station; directs the Media Bureau's Audio Division to develop a new 
computer program to assist potential radio applicants in identifying 
suitable available commercial FM spectrum in the location from which 
they desire to operate; and reiterates its intention to address the 
issues in the Emergency Alert System proceeding within six months. The 
Commission also calls for comment on the topics described below.
    5. Renewal Application Pre- and Post-Filing Announcements. The 
Commission seeks comment on whether it should change its existing rule 
governing the so-called ``pre-filing and post-filing announcements'' 
that licensees must air in connection with their renewal applications, 
and calls for comment on these new measures. In addition to the 
existing requirement for on-air announcements about soon-to-be-filed 
and pending renewal applications, the Commission seeks comment on 
whether it should require that the same information be posted on a 
licensee's Web site during the relevant months (i.e., the posting 
begins on the sixth month before the license is due to expire and 
remains in place until after the deadline for filing petitions to 
deny). The Commission also seeks comment on whether it should broaden 
the required language for the announcements contained in 47 CFR 
73.3580(d)(4)(i), which currently provides the Commission's mailing 
address as a source for information concerning the broadcast license 
renewal process, to include the agency's Web site address. Moreover, 
the Commission seeks comment on whether, where technically feasible, 
the licensee's on-line provision of the Commission's web address could 
be linked directly to the agency's Web site.
    6. Community Advisory Boards. The Commission seeks comment on its 
tentative conclusion that, to determine significant community needs and 
issues, licensees should convene and periodically consult with 
permanent advisory boards made up of officials and other leaders from 
the community of each broadcast station. The Commission believes that 
such community advisory boards will promote both localism and diversity 
and, as such, should be an integral component of the Commission's 
localism efforts. Accordingly, the Commission seeks comment on this 
proposal, and on other rules or guidelines that it might adopt to 
foster improved communication between licensees and members of their 
communities.
    7. Remote Station Operation. The Commission notes that a number of 
commenters expressed concern about the prevalence of automated 
broadcast operations, which allow the operation of stations without a 
local presence, and the perceived negative impact that they have on 
licensees' ability to determine and serve local needs, in particular, 
providing vital information in times of emergency. In its recent 
Digital Audio Notice of Proposed Rulemaking, the Commission sought 
comment on whether changes in remote radio operation should affect 
existing rules. In that proceeding, the Commission is considering 
requiring that radio licensees maintain a physical presence at each 
radio broadcasting facility during all hours of operation. In the 
Report, the Commission seeks comment on whether it should extend any 
such requirement to television stations, as well as to radio 
facilities.
    8. Renewal Application Processing Guidelines. The Commission also 
seeks comment on its tentative conclusion to adopt specific procedural 
guidelines for the processing of renewal applications for stations 
based upon their localism programming performance during the preceding 
license term. It also invites comment on any related issues that the 
Commission should consider in connection with the possible adoption of 
specific localism-related processing guidelines for broadcast renewal 
applications.
    9. Main Studio Location. The Commission seeks comment on whether it 
should revert to its pre-1987 main studio rule, requiring that a 
station's main studio be situated within the station's community of 
license, in order to encourage broadcasters to produce locally 
originated programming. It seeks comment on this proposal, including 
whether accessibility of the main studio increases interaction between 
the broadcast station and the community of service.
    10. Affiliate Station Review of Network Programming. The Commission 
seeks comment on whether it could be useful for licensees, in 
fulfilling their localism obligations, to be able to review network 
programming at some point sufficiently in advance of airtime to 
determine its appropriateness for airing. It seeks comment on whether 
this issue already has been addressed by existing affiliation agreement 
terms and, if private contractual arrangements have not addressed this 
issue, whether it should establish rules requiring such a right.
    11. Voice-Tracking. The Commission seeks comment on the prevalence 
of voice-tracking, a practice by which stations import popular out-of-
town personalities from bigger markets to smaller ones, and customize 
their programming to make it appear as if the personalities are 
actually local residents. It also seeks comment on whether the 
Commission can and should take steps to limit the practice, require 
disclosure, or otherwise address it.
    12. Submission of Music Playlist Information. The Commission also 
seeks comment on whether it should require licensees to provide the 
Commission with data regarding their airing of the music and other 
performances of local artists and how they compile their stations' 
playlists, which the Commission would use in its consideration of the 
renewal applications of the stations to which they relate, in 
evaluating the overall station performance under localism. If so, the 
Commission seeks input as to in what form these disclosures should be 
required and what information should be supplied.
    13. Upgrade of LPTV Stations to Class A Facilities. The Commission 
also seeks

[[Page 8257]]

comment on its tentative conclusion to allow, in some cases, additional 
qualified low-power television stations to be granted Class A status 
and, if so, how it should define eligibility for such upgrades, and the 
Commission's statutory authority to take such action.
    14. 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 and 
reply comments on or before the dates listed on the first page of this 
summary. All such filings should refer to MB Docket No. 04-233, unless 
otherwise instructed in the document. Comments may be filed using: (1) 
The Commission's Electronic Comment Filing System (ECFS), (2) the 
Federal Government's eRulemaking Portal, or (3) by filing paper copies. 
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 
24,121 (1998).

Procedural Matters

A. Initial Regulatory Flexibility Analysis

    15. Pursuant to the Regulatory Flexibility Act (RFA), the Bureau 
has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the proposals 
considered in the Report. The text of the IRFA is set forth in Appendix 
B of the Report. Written public comments are requested on this IRFA. 
Comments must be filed in accordance with the same filing deadlines as 
those for comments on the Report, and they should have a separate and 
distinct heading designating them as responses to the IRFA. The Bureau 
will send a copy of the Report, including the IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration.

B. Initial Paperwork Reduction Act of 1995 Analysis

    16. This document contains new and modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies are invited to comment on 
the new or modified information collection requirements contained in 
this proceeding. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public 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.''

Initial Regulatory Flexibility Analysis

    17. As required by the Regulatory Flexibility Act, as amended 
(RFA), the Commission has prepared an Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities by the policies and rules 
considered in the Report. Written public comments are requested on this 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on the Report as indicated on the 
first page of the Report. The Commission will send a copy of the 
Report, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA). In addition, the Report and the 
IRFA (or summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    18. In August 2003, the Commission launched a Localism in 
Broadcasting initiative designed to review, and possibly enhance, 
localism practices among broadcasters which are designed to ensure that 
each station treats the significant needs and issues of the community 
that it is licensed to serve with the programming that it offers. The 
Commission subsequently issued a Notice of Inquiry (NOI) concerning 
localism. Through the NOI, the Commission sought direct input from the 
public on how broadcasters are serving the interests and needs of their 
communities; whether the agency needs to adopt new policies, practices, 
or rules designed directly to promote localism in broadcast television 
and radio; and, if so, what those policies, practices, or rules should 
be. The Report invites comment on several proposals designed to enhance 
broadcast localism and diversity, including increasing and improving 
the amount and nature of broadcast programming that is targeted to the 
local needs and interests of a licensee's community of service, and 
providing more accessible information to the public about broadcasters' 
efforts to air such programming.
    19. The record in the proceeding demonstrates that some 
broadcasters devote significant amounts of time and resources to airing 
programming that is responsive to the needs and interests of 
broadcasters' communities of license, while many other commenters 
raised serious concerns that broadcasters' efforts, as a general 
matter, fall far short from what they should be. In the Report, the 
Commission details several proposals that will promote both localism 
and diversity in broadcasting, and seeks comment on same.

B. Legal Basis

    20. The Report is adopted pursuant to sections 4(i), 303, 612, and 
616 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
303, 532 and 536.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    21. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental entity'' 
under Section 3 of the Small Business Act. In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act. 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 SBA.
    22. Television Broadcasting. In this context, the application of 
the statutory definition to television stations is of concern. The 
Small Business Administration defines a television broadcasting station 
that has no more than $13 million in annual receipts as a small 
business. Business concerns included in this industry are those 
``primarily engaged in broadcasting images together with sound.'' 
According to Commission staff review of the BIA Financial Network, Inc. 
Media Access Pro Television Database as of February 5, 2007, 872 (about 
70 percent) of the 1,260 commercial television stations in the United 
States have revenues of $13 million or less. However, in assessing 
whether a business entity qualifies as small under the above 
definition, business control affiliations must be included. Our 
estimate, therefore, likely overstates the number of small entities 
that might be affected by any changes to the attribution rules, because 
the revenue figures on which this estimate is based do not include or 
aggregate revenues from affiliated companies.
    23. An element of the definition of ``small business'' is that the 
entity not be dominant in its field of operation. The Commission is 
unable at this time and in this context to define or quantify the 
criteria that would establish whether a specific television station is 
dominant in its market of operation. Accordingly, the foregoing 
estimate of small

[[Page 8258]]

businesses to which the rules may apply does not exclude any television 
stations from the definition of a small business on this basis and is 
therefore over-inclusive to that extent. An additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. It is difficult at times to assess 
these criteria in the context of media entities, and our estimates of 
small businesses to which they apply may be over-inclusive to this 
extent.
    24. Radio Broadcasting. The Small Business Administration defines a 
radio broadcasting entity that has $6.5 million or less in annual 
receipts as a small business. Business concerns included in this 
industry are those ``primarily engaged in broadcasting aural programs 
by radio to the public.'' According to Commission staff review of the 
BIA Financial Network, Inc. Media Access Radio Analyzer Database as of 
February 5, 2007, 10,442 (about 95 percent) of 10,962 commercial radio 
stations in the United States have revenues of $6.5 million or less. We 
note, however, that in assessing whether a business entity qualifies as 
small under the above definition, business control affiliations must be 
included. Our estimate, therefore, likely overstates the number of 
small entities that might be affected by any changes to the ownership 
rules, because the revenue figures on which this estimate is based do 
not include or aggregate revenues from affiliated companies.
    25. In this context, the application of the statutory definition to 
radio stations is of concern. An element of the definition of ``small 
business'' is that the entity not be dominant in its field of 
operation. We are unable at this time and in this context to define or 
quantify the criteria that would establish whether a specific radio 
station is dominant in its field of operation. Accordingly, the 
foregoing estimate of small businesses to which the rules may apply 
does not exclude any radio station from the definition of a small 
business on this basis and is therefore over-inclusive to that extent. 
An additional element of the definition of ``small business'' is that 
the entity must be independently owned and operated. We note that it is 
difficult at times to assess these criteria in the context of media 
entities, and our estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    26. FM Translator Stations and Low Power FM Stations. The proposed 
rules and policies could affect licensees of FM translator and booster 
stations and low power FM (LPFM) stations, as well as to potential 
licensees in these radio services. The same SBA definition that applies 
to radio broadcast licensees would apply to these stations. The SBA 
defines a radio broadcast station as a small business if such station 
has no more than $6.5 million in annual receipts. Currently, there are 
approximately 4,131 licensed FM translator and booster stations and 771 
licensed LPFM stations. Given the nature of these services, we will 
presume that all of these licensees qualify as small entities under the 
SBA definition.
    27. Cable Television Distribution Services. Since 2007, these 
services have been defined within the broad economic census category of 
Wired Telecommunications Carriers; that category is defined as follows: 
``This industry comprises establishments primarily engaged in operating 
and/or providing access to transmission facilities and infrastructure 
that they own and/or lease for the transmission of voice, data, text, 
sound, and video using wired telecommunications networks. Transmission 
facilities may be based on a single technology or a combination of 
technologies.'' The SBA has developed a small business size standard 
for this category, which is: all such firms having 1,500 or fewer 
employees. To gauge small business prevalence for these cable services 
we must, however, use current census data that are based on the 
previous category of Cable and Other Program Distribution and its 
associated size standard; that size standard was: all such firms having 
$13.5 million or less in annual receipts. According to Census Bureau 
data for 2002, there were a total of 1,191 firms in this previous 
category that operated for the entire year. Of this total, 1,087 firms 
had annual receipts of under $10 million, and 43 firms had receipts of 
$10 million or more but less than $25 million. Thus, the majority of 
these firms can be considered small.
    28. Cable Companies and Systems. The Commission has also developed 
its own small business size standards, for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small cable company'' is 
one serving 400,000 or fewer subscribers, nationwide. Industry data 
indicate that, of 1,076 cable operators nationwide, all but 11 are 
small under this size standard. In addition, under the Commission's 
rules, a ``small system'' is a cable system serving 15,000 or fewer 
subscribers. Industry data indicate that, of 7,208 systems nationwide, 
6,139 systems have under 10,000 subscribers, and an additional 379 
systems have 10,000-19,999 subscribers. Thus, under this second size 
standard, most cable systems are small.
    29. Cable System Operators. The Communications Act of 1934, as 
amended, also contains a size standard for small cable system 
operators, which is ``a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' The Commission has determined that an operator serving 
fewer than 677,000 subscribers shall be deemed a small operator, if its 
annual revenues, when combined with the total annual revenues of all 
its affiliates, do not exceed $250 million in the aggregate. Industry 
data indicate that, of 1,076 cable operators nationwide, all but ten 
are small under this size standard. We note that the Commission neither 
requests nor collects information on whether cable system operators are 
affiliated with entities whose gross annual revenues exceed $250 
million, and therefore we are unable to estimate more accurately the 
number of cable system operators that would qualify as small under this 
size standard.
    30. Open Video Services. Open Video Service (OVS) systems provide 
subscription services. The SBA has created a small business size 
standard for Cable and Other Program Distribution. This standard 
provides that a small entity is one with $13.5 million or less in 
annual receipts. The Commission has certified a large number of OVS 
operators, and some of these are currently providing service. 
Affiliates of Residential Communications Network, Inc. (RCN) received 
approval to operate OVS systems in New York City, Boston, Washington, 
DC, and other areas. RCN has sufficient revenues to assure that it does 
not qualify as a small business entity. Little financial information is 
available for the other entities that are authorized to provide OVS. 
Given this fact, the Commission concludes that those entities might 
qualify as small businesses, and therefore may be affected by the rules 
and policies adopted herein.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    31. The Report proposes a number of rule changes that, if adopted 
and implemented, may affect reporting, recordkeeping, and other 
compliance requirements on small entities. As noted above, we invite 
small entities to comment in response to the rules

[[Page 8259]]

proposed in the Report. Each of the proposals is described below.
    32. The Report seeks comment on whether the existing rules 
governing so-called ``pre-filing and post-filing announcements'' that 
licensees must air in connection with their license renewal 
applications should be changed. Specifically, the Commission seeks 
comment on whether the same information that is currently required for 
on-air announcements about soon-to-be-filed and pending renewal 
applications should be posted on a licensee's website during the 
relevant months (i.e., the posting begins on the sixth month before the 
license is due to expire and remains in place until after the deadline 
for filing petitions to deny). The Report also seeks comment on whether 
to broaden the required language for these announcements contained in 
47 CFR 73.3680(d)(4)(i), which currently provides the Commission's 
mailing address as a source for information concerning the broadcast 
license renewal process, to include the agency's website address and, 
where technically feasible, to provide a link directly to the agency's 
Web site.
    33. The Report invites comment on the Commission's tentative 
conclusion that licensees should convene and periodically consult with 
permanent community advisory boards made up of officials and other 
leaders from the community of each broadcast station for the purpose of 
determining significant community needs and issues, and whether the 
Commission should adopt similar rules or guidelines to foster 
licensees' communication with members of their stations' communities. 
It also seeks comment on whether television licensees should be 
required to maintain a physical presence at each television 
broadcasting facility during all hours of station operation. The Report 
further seeks comment on the Commission's tentative conclusion that it 
should adopt specific procedural guidelines for the processing of 
license renewal applications for stations based upon their localism 
programming performance during the preceding license term. The Report 
also seeks comment on whether a licensee should be required to situate 
its station main studio within the station's community of license to 
encourage production of locally originated programming, and whether 
accessibility of the main studio increases interaction between the 
licensee and its station's community of service.
    34. The Report also seeks comment on whether it could be useful for 
licensees of stations affiliated with networks, in fulfilling their 
localism obligations, to be able to review network programming at some 
point sufficiently in advance of airtime and whether existing 
affiliation agreements address such matters. It also seeks comment on 
the prevalence of voice-tracking, and whether the Commission can and 
should take steps to limit the practice, require disclosure, or 
otherwise address it. The Report also seeks comment on whether the 
Commission should require licensees to provide the agency with data 
regarding their airing of the music and other performances of local 
artists and how they compile their stations' playlists. It also seeks 
comment on the appropriate form of such disclosures and in what manner, 
if any, the local nature of a station's music programming should be 
considered in any renewal application processing guidelines. Finally, 
the Report seeks comment on the Commission's tentative conclusion that 
it should allow additional qualified LPTV stations to be granted Class 
A status, as well as on how to define eligibility and the Commission's 
statutory authority to take such action.

E. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    35. The RFA requires an agency to describe any significant 
alternatives that might minimize any significant economic impact on 
small entities. Such alternatives 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.
    36. As noted, we are directed under law to describe any such 
alternatives we consider, including alternatives not explicitly listed 
above. The Report describes and seeks comment on several possible ways 
to enhance broadcast localism and diversity, including increasing and 
improving the amount and nature of broadcast programming that is 
targeted to the local needs and interests of a licensee's community of 
service, and providing more accessible information to the public about 
broadcasters' efforts to air such programming. The Report seeks comment 
on how the proposals described herein will achieve that goal, and 
commenters are invited to propose steps that the Commission may take to 
minimize any significant economic impact on small entities.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    37. None.

Ordering Clauses

    38. Accordingly, it is ordered, pursuant to the authority found in 
sections 4(i), 303, 612, and 616 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 303, 532 and 536, the Report on Broadcast 
Localism and Notice of Proposed Rulemaking is adopted.
    39. It is further ordered that pursuant to sections 1, 4(i) and 
(j), 301, 302, 303, 307, 308, 309, 319, and 324 of the Communications 
Act of 1934, 47 U.S.C. 151, 154(i) and (j), 301, 302, 303, 307, 308, 
309, 319, and 324 that notice is hereby given of the proposals and 
tentative conclusions described in the Report on Broadcast Localism and 
Notice of Proposed Rulemaking.
    40. It is further ordered that the Reference Information Center, 
Consumer Information Bureau, shall send a copy of the Report on 
Broadcast Localism and Notice of Proposed Rulemaking, including the 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects

47 CFR Part 73

    Radio broadcast services.

47 CFR Part 74

    Experimental radio, Auxiliary, Special broadcast and other program 
distributional services.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E8-2664 Filed 2-12-08; 8:45 am]
BILLING CODE 6712-01-P