[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Proposed Rules]
[Pages 10411-10415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3701]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 76

[MB Docket No. 92-264; FCC 07-219]


The Commission's Cable Horizontal and Vertical Ownership Limits

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes changes to the cable and broadcast 
attribution rules. The cable attribution rules seek to identify those 
corporate, financial, partnership, ownership, and other business 
relationships that confer on their holders a degree of ownership or 
other economic interest, or influence or control over an entity engaged 
in the provision of communications services such that the holders 
should be subject to the Commission's regulation. The broadcast 
attribution rules define which financial or other interests in a 
licensee must be counted in applying the broadcast ownership rules, and 
seek to identify ``those interests in or relationships to licensees 
that confer on their holders a degree of influence or control such that 
the holders have a realistic potential to affect the programming 
decisions of licensees or other core operating functions.'' This 
document further proposes changes to the rules and regulations 
establishing reasonable limits on the number of channels on a cable 
system that can be occupied by a video programmer in which a cable 
operator has an attributable interest.

DATES: Comments are due on or before March 28, 2008. Reply comments are 
due on or before April 14, 2008.

ADDRESSES: You may submit comments, identified by MB Docket No. 92-264; 
FCC 07-219, 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.
     Mail: 445 12th Street, SW., Washington, DC 20554, with a 
copy to the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected]

[[Page 10412]]

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.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, please contact Elvis Stumbergs, Industry Analysis Division, 
Media Bureau at (202) 418-2330. For Press Inquiries, please contact 
Mary Diamond, Media Bureau, at (202) 418-7200.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Further Notice of Proposed Rulemaking 
(``FNPRM'') in MB Docket No. 92-264, FCC 07-219, adopted December 18, 
2007, and released February 11, 2008. 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. These documents 
will also be available via ECFS (http://www.fcc.gov/cgb/ecfs). 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 FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice) (202) 418-0432 (TTY).

Summary of the Notice of Proposed Rulemaking

    1. The FNPRM proposes to amend the Commission's Rules as follows: 
(a) With regard to the general cable attribution rules and the 
broadcast attribution rules, to reinstate the single majority 
shareholder exemption; (b) with regard to the general cable attribution 
rules, and more specifically with regard to the cable equity debt 
attribution rule: (i) To include the amount of consideration paid for 
options and warrants in determining whether the 33 percent benchmark is 
exceeded (ii) clarify the definition of ``total assets'' for purposes 
of applying the EDP rule to include all equity and/or debt in whatever 
manner or amount held in computing the 33 percent threshold (iii) 
clarify that in applying the ED rule, the multiplier formula of the 
attribution rules will be utilized for identifying indirect, 
intervening interests, except that the pass-through exception for 
linkages that exceed a 50 percent interest, under which these interests 
are not multiplied, will not apply in the cable ED context as it does 
in the context of corporate voting stock, and (c) relative to the cable 
ownership vertical limit, propose to eliminate the 75 channel cap and 
expand the channel occupancy limit to include video programming 
networks owned by or affiliated with any cable operator. The FNPRM 
seeks comment on all of these proposed rule changes and related matters 
including, but not limited to (i) relative to the cable insulated 
limited partnership criteria, the extent to which a limited partner may 
engage in the sale of programming to the general partnership and still 
remain exempt from attribution and (ii) relative to the cable ownership 
vertical limit, whether the channel occupancy limit should apply to 
regional programming networks.

Further Notice of Proposed Rulemaking

Initial Paperwork Reduction Act of 1995 Analysis

    2. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified ``information collection burden for small business 
concerns with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Supplemental Initial Regulatory Flexibility Act Analysis

    3. As required by the Regulatory Flexibility Act, as amended 
(``RFA'') the Commission has prepared this Supplemental Initial 
Regulatory Flexibility Analysis (``Supplemental IRFA'') of the possible 
significant economic impact on a substantial number of small entities 
of the policies and rules considered in this Further Notice of Proposed 
Rule Making (``FNPRM''). Initial Regulatory Flexibility Analyses were 
included in the 2001 Further Notice of Proposed Rulemaking (``2001 
FNPRM'') and the 2005 Second Further Notice of Proposed Rulemaking 
(``2005 Second FNPRM''). Written public comments are requested on this 
Supplemental IRFA. Comments must be identified as responses to the 
Supplemental IRFA and must be filed by the deadlines for comments on 
the Second FNPRM. The Commission will send a copy of the FNPRM, 
including this Supplemental IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (``SBA''). In addition, the FNPRM and 
the Supplemental IRFA (or summaries thereof) will be published in the 
Federal Register.

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

    4. The attribution rules identify which interests in a media entity 
are counted for purposes of applying the broadcast and cable ownership 
rules. The FNPRM invites comment on (1) whether to retain the single 
majority shareholder attribution exemption in the cable and broadcast 
contexts; (2) whether, under the cable attribution rules, a limited 
partner may sell programming to the partnership and retain insulation; 
and (3) whether the Commission should clarify certain aspects of the 
cable Equity Debt (``ED'') attribution rule. With respect to the first 
two issues, the Commission invites further comment on how to respond to 
the remand of the court in Time Warner II, which reversed, vacated, and 
remanded the Commission's decision to eliminate the single majority 
shareholder exemption and the Commission's prohibition of the sale of 
programming by an insulated limited partner to the partnership.
    5. Section 613(f) of the Communications Act requires the Commission 
to establish reasonable limits on the number of channels that can be 
occupied by the cable system's owned or attributed video programming 
services (vertical, or channel occupancy, limit). In Time Warner II, 
the DC Circuit remanded the Commission's channel occupancy limit.
    6. The Commission subsequently issued its 2001 FNRPM, seeking 
comment on whether to reinstate the single majority shareholder 
exemption in the cable attribution rules, and whether to prohibit 
insulated limited partners from selling programming to their general 
partners. The Commission also sought comment aimed at establishing a 
sound record on which to fashion meaningful and relevant channel 
occupancy limits given the changes that have occurred in the MVPD 
industry. While many commenters presented theoretical, legal, or 
economic arguments and anecdotal evidence, no party provided a 
compelling approach that supported a particular vertical limit. The 
Commission subsequently sought to augment the record by means of a 
programming network survey and econometric analysis, with limited 
results. In its 2005 Second FNPRM, the Commission again sought to 
develop a more focused and useful record.
    7. In this FNPRM, we seek additional comment on: (1) Whether to 
retain the single majority shareholder attribution

[[Page 10413]]

exemption, which currently applies to the cable and broadcast ownership 
rules; (2) whether, under the cable attribution rules, a limited 
partner may sell programming to the partnership and retain insulation; 
and (3) whether the Commission should clarify the Equity Debt (``ED'') 
provision in the cable attribution rules, to correspond with and 
reflect the guidance provided in the Commission's reconsideration of 
its broadcast attribution rules. We also invite comment in the FNPRM on 
how to set a specific channel occupancy limit, responding to the remand 
of the court in Time Warner II. We issue this Supplemental IRFA in 
order to invite comment on the effects on small entities of the 
proposals identified in this FNPRM. We particularly solicit comment 
from all small business entities, including minority-owned and women-
owned small businesses.

B. Basis

    8. The FNRPM is adopted pursuant to Sections 2(a), 4(i), 303, 307, 
309, 310, and 613 of the Communications Act of 1934, as amended, 47 
U.S.C. 152(a), 154(i), 303, 307, 309, 310, and 533.

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

    9. 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.
    10. 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 December 7, 2007, about 825 
(66 percent) of the 1,250 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.
    11. 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 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.
    12. 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 
December 7, 2007, about 10,500 (95 percent) of 11,050 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.
    13. 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.
    14. Cable and Other Program Distribution. The Census Bureau 
recently updated the NAICS and these firms are included in the Wired 
Telecommunications Carriers category, described as: ``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. Establishments in this industry use the wired 
telecommunications network facilities that they operate to provide a 
variety of services, such as wired telephony services, including VoIP 
services; wired (cable) audio and video programming distribution; and 
wired broadband Internet services. By exception, establishments 
providing satellite television distribution services using facilities 
and infrastructure that they operate are included in this industry.'' 
The SBA has updated the small business size standards to accord with 
the revised NAICS. The size standard for Wired Telecommunications 
Carriers is all firms having an average of 1,500 or fewer employees. 
The Census Bureau has not collected information on the size 
distribution of firms in the revised classification of Wired 
Telecommunications Carriers. Accordingly we will apply the new size 
standard to Census Bureau data for 2002 regarding the size distribution 
of Cable and Other Program Distribution. There were a total of 1,191 
firms in this category that operated for the entire year. Of this 
total, 1,178 firms had fewer than 1,000 employees. Thus, under this 
size standard, the majority of firms can be considered small.
    15. 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

[[Page 10414]]

or fewer subscribers, nationwide. Industry data indicate that, of 994 
cable operators nationwide, all but thirteen 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 6,391 systems nationwide, 5,399 systems have under 
10,000 subscribers, and an additional 352 systems have 10,000-19,999 
subscribers. Thus, under this second size standard, most cable systems 
are small.
    16. 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 653,000 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 994 cable operators nationwide, all but thirteen 
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.
    17. Private Cable Operators (PCOs) also known as Satellite Master 
Antenna Television (SMATV) Systems. PCOs, also known as SMATV systems 
or private communication operators, are video distribution facilities 
that use closed transmission paths without using any public right-of-
way. PCOs acquire video programming and distribute it via terrestrial 
wiring in urban and suburban multiple dwelling units such as apartments 
and condominiums, and commercial multiple tenant units such as hotels 
and office buildings. The SBA definition of small entities for Wired 
Telecommunications Carriers includes PCOs or SMATV systems and, thus, 
small entities are defined as all such companies with 1,500 or fewer 
employees. Currently, there are approximately 76 members in the 
Independent Multi-Family Communications Council (IMCC), the trade 
association that represents PCOs. Individual PCOs often serve 
approximately 3,000-4,000 subscribers, but the larger operations serve 
as many as 15,000-55,000 subscribers. In total, PCOs currently serve 
approximately 1.1 million subscribers. Because these operators are not 
rate regulated, they are not required to file employment data with the 
Commission. Furthermore, we are not aware of any privately published 
employment information regarding these operators. Based on the 
estimated number of operators and the estimated number of units served 
by the largest ten PCOs, we believe that a substantial number of PCO 
may qualify as small entities.
    18. Home Satellite Dish (``HSD'') Service. Because HSD provides 
subscription services, HSD falls within the SBA-recognized definition 
of Wired Telecommunications Carriers, which includes all such companies 
with 1,500 or fewer employees. HSD or the large dish segment of the 
satellite industry is the original satellite-to-home service offered to 
consumers, and involves the home reception of signals transmitted by 
satellites operating generally in the C-band frequency. Unlike DBS, 
which uses small dishes, HSD antennas are between four and eight feet 
in diameter and can receive a wide range of unscrambled (free) 
programming and scrambled programming purchased from program packagers 
that are licensed to facilitate subscribers' receipt of video 
programming. There are approximately 30 satellites operating in the C-
band, which carry over 500 channels of programming combined; 
approximately 350 channels are available free of charge and 150 are 
scrambled and require a subscription. HSD is difficult to quantify in 
terms of employment. HSD owners have access to program channels placed 
on C-band satellites by programmers for receipt and distribution by 
MVPDs. In January 2007, there were 68,781 households authorized to 
receive HSD service. The Commission has no information regarding the 
number of employees for the four C-Band distributors.
    19. Wireless Cable Systems. Wireless cable systems use the 
Broadband Radio Service (``BRS'') and Educational Broadband Service 
(``EBS'') frequencies in the 2 GHz band to transmit video programming 
and provide broadband services to subscribers. The Census Bureau 
recently updated the NAICS and these firms are now included in the 
Wireless Telecommunications Carriers (except Satellite) category, 
described as: ``This industry comprises establishments engaged in 
operating and maintaining switching and transmission facilities to 
provide communications via the airwaves. Establishments in this 
industry have spectrum licenses and provide services using that 
spectrum, such as cellular phone services, paging services, wireless 
Internet access, and wireless video services.'' The SBA has updated the 
small business size standards to accord with the revised NAICS and, for 
Wireless Telecommunications Carriers (except Satellite), the standard 
is all firms having an average of 1,500 or fewer employees.
    20. The Commission has also defined small BRS entities in the 
context of Commission license auctions. In the 1996 BRS (MMDS) auction, 
the Commission defined a small business as an entity that had annual 
average gross revenues of less than $40 million in the previous three 
calendar years. This definition of a small entity in the context of MDS 
auctions was approved by the SBA. In the 1996 auction, 67 bidders won 
493 licenses. Of the 67 auction winners, 61 claimed status as a small 
business. At this time, the Commission estimates that of the 61 small 
business 1996 auction winners, 48 remain small business licensees. 
Specifically, the Commission estimates that some of the EBS licensees 
are small businesses since there are currently 2,032 EBS licensees, and 
all but 100 of these licenses are held by educational institutions. In 
addition to the 48 small businesses that hold BTA authorizations, there 
are also approximately 392 incumbent BRS licensees that have gross 
revenues that are not more than $40 million and are thus considered 
small entities.
    21. Although the SBA changed the small business definition in 2007 
so that BRS and EBS now fall under Wireless Telecommunications Carriers 
(except Satellite), we lack the data to estimate how many entities will 
be affected by the regulation. Therefore, we continue to employ the 
definition for small businesses used in the 1996 auction, and estimate 
that the majority of the affected entities are small.
    22. Open Video Systems (``OVS''). The OVS framework provides 
opportunities for the distribution of video programming other than 
through cable systems. Because OVS operators provide subscription 
services, OVS falls within the SBA-recognized definition of Wired 
Telecommunications Carriers, which provides that a small entity is one 
with 1,500 or fewer employees. The Commission has certified 25 OVS 
operators, with some now providing service. Broadband service providers 
(BSPs) are currently the only significant holders of OVS certifications 
or local OVS franchises, even though OVS is one of four statutorily-
recognized options for

[[Page 10415]]

local exchange carriers (LECs) to offer video programming services. As 
of June 2007, BSPs served approximately 1.4 million subscribers, 
representing 1.46 percent of all MVPD households. Among BSPs, however, 
those operating under the OVS framework are in the minority, with 
approximately eight percent operating with an OVS certification. BSPs 
include companies such as RCN, Champion Broadband, Knology, and 
SureWest Communications. RCN received approval to operate OVS systems 
in New York City, Boston, Washington, DC and other areas. The 
Commission does not have employment information regarding the entities 
authorized to provide OVS, some of which may not yet be operational. We 
thus believe that at least some of the OVS operators may qualify as 
small entities.
    23. Cable and Other Subscription Programming. The Census Bureau 
defines this category as follows: ``This industry comprises 
establishments primarily engaged in operating studios and facilities 
for the broadcasting of programs on a subscription or fee basis. * * * 
These establishments produce programming in their own facilities or 
acquire programming from external sources. The programming material is 
usually delivered to a third party, such as cable systems or direct-to-
home satellite systems, for transmission to viewers.'' The SBA has 
developed a small business size standard for firms within this 
category, which is: firms with $13.5 million or less in annual 
receipts. According to Census Bureau data for 2002, there were 270 
firms in this category that operated for the entire year. Of this 
total, 217 firms had annual receipts of under $10 million and 13 firms 
had annual receipts of $10 million to $24,999,999. Thus, under this 
category and associated small business size standard, the majority of 
firms can be considered small.
    24. A ``small business'' under the RFA is one that, inter alia, 
meets the pertinent small business size standard (e.g., a telephone 
communications business having 1,500 or fewer employees), and ``is not 
dominant in its field of operation.'' The SBA's Office of Advocacy 
contends that, for RFA purposes, small incumbent local exchange 
carriers are not dominant in their field of operation because any such 
dominance is not ``national'' in scope.

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

    25. Depending on the rules adopted as a result of this FNPRM, the 
Report and Order ultimately adopted in this proceeding may contain new 
or modified information collections. We anticipate that none of the 
changes would result in an increase to the reporting and recordkeeping 
requirements of broadcast stations, newspapers, or applicants for 
licenses. As noted above, we invite small business entities to comment 
in response to this FNRPM.

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

    26. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which 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.
    27. We are directed under law to describe any alternatives we 
consider, including alternatives not explicitly listed above. The FNPRM 
seeks comment on whether or not it should retain the single majority 
shareholder exemption, and whether eliminating the exemption would 
negatively impact capital investment, particularly in small businesses. 
Additionally, it seeks comment on whether or not to bar a limited 
partner from selling video programming to the general partner cable 
entity in order to maintain insulated limited partner status for 
purposes of the attribution rules. It also seeks comment on whether to 
conform various aspects of the ED cable attribution rule to the amended 
EDP broadcast attribution rule upon which the cable rule was based. 
Finally, it seeks comment on how it should craft a rule to limit the 
number of cable channels that can be occupied by affiliated video 
programming services. Cable ownership limits are intended to prevent 
large cable entities from unfairly impeding the flow of video 
programming to consumers through their horizontal reach or their level 
of vertical integration. We anticipate that any channel occupancy 
limits adopted by the Commission will have little adverse impact on 
small cable entities because small entities as a general matter do not 
approach the channel occupancy limits and are not the focus of the 
rule. We also expect that, whichever alternatives are chosen with 
respect to revising the cable attribution rules, the Commission will 
seek to minimize any adverse effects on small businesses.

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

    28. None.

Ex Parte Restrictions

    29. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided that they are disclosed as provided in 
the Commission's rules. See generally 47 CFR 1.1202, 1.1203, and 
1.1206(a).

Ordering Clauses

    30. It is 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 this Notice of Proposed Rule Making.
    31. It is further ordered that the Reference Information Center, 
Consumer Information Bureau, shall send a copy of this Notice of 
Proposed Rule Making, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-3701 Filed 2-26-08; 8:45 am]
BILLING CODE 6712-01-P