[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14362-14366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6146]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 09-52; FCC 11-28]
Policies To Promote Rural Radio Service and To Streamline
Allotment and Assignment Procedures
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission adopted a Second Further
Notice of Proposed Rulemaking (SFNPRM), in which it announced that it
wished to develop a more comprehensive record regarding measures to
assist Federally recognized Native American Tribes and Alaska Native
Villages (Tribes) in obtaining commercial FM radio station
authorizations. Specifically, the Commission sought comment on the use
of threshold qualifications for Tribes applying for commercial FM radio
channel allotments that were added to the Table of Allotments using the
Tribal Priority adopted by the Commission in the First Report and Order
(First R&O) in this proceeding. The Commission also sought further
comment on whether a Tribal Bidding Credit would accomplish the goal of
increasing Tribal ownership of commercial stations broadcasting to
Tribal Lands, and sought comment on the financial and other barriers
facing Tribes wishing to enter the commercial broadcast arena.
DATES: Comments may be filed on or before April 15, 2011 and reply
comments may be filed on or before May 16, 2011. 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 May 16, 2011.
ADDRESSES: You may submit comments, identified by MB Docket No. 09-52,
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.
E-mail: [email protected]. Include the docket number in the
subject line of the message. See the SUPPLEMENTARY INFORMATION section
of this document for detailed information on how to submit comments by
e-mail.
Mail: 445 12th Street, SW., 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] 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: Peter Doyle, Chief, Media Bureau,
Audio Division, (202) 418-2700; Thomas Nessinger, Attorney-Advisor,
Media Bureau, Audio Division, (202) 418-2700.
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 Second
Further Notice of Proposed Rulemaking, FCC 11-28, adopted March 3,
2011, and released March 3, 2011.
Initial Paperwork Reduction Act of 1995 Analysis
The SFNPRM contains potential information collection requirements
subject to the PRA, Public Law 104-13. OMB, the general public, and
other Federal agencies are invited to comment on the potential new and
modified information collection requirements contained in this SFNPRM.
If the information collection requirements are adopted, the Commission
will submit the appropriate documents to OMB for review under section
3507(d) of the PRA and OMB, the general public, and other Federal
agencies will again be invited to comment on the new and modified
information collection requirements adopted by the Commission.
Public and agency comments on the potential proposed information
collection requirements are due May 16, 2011. Comments should address:
(a) Whether the proposed collection of information is necessary for the
proper
[[Page 14363]]
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. Pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the FCC seeks specific comment on how it might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
In addition to filing comments with the Secretary, a copy of any
Paperwork Reduction Act comments on the information collection
requirements 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 [email protected],
and to Nicholas A. Fraser, Office of Management and Budget (OMB), via
the Internet to [email protected] or by fax to 202-395-
5167.
Summary of Second Further Notice of Proposed Rule Making
Recognizing ``the risks inherent in applying a section 307(b)
preference at the allotment stage for auctionable non-reserved band
spectrum,'' (First R&O, 75 FR 9797, Mar. 4, 2010, FCC 10-24, rel. Feb.
23, 2010), the Commission sought comment in the Further Notice of
Proposed Rule Making, 75 FR 9856, March 4, 2010, FCC 10-24, rel. Feb.
23, 2010 (FNPRM), in this proceeding on whether to establish an auction
bidding credit for Tribes seeking to provide commercial FM radio
service to their Tribal Lands and members. The Tribal bidding credit
was originally proposed to mitigate concerns that, due to the two-step
nature of the commercial FM licensing process, Tribes or Tribal
entities that employ the Tribal Priority to obtain FM allotments might
be outbid by competing, non-Tribal applicants. The only (joint)
commenters to address this issue proposed a 35 percent bidding credit
that would be available to Tribes or Tribal entities that participated
in the allotment proceeding for the FM channel being auctioned,
regardless of new entrant status. Under this proposal, a Tribe or
Tribal entity without a Commission license also would be entitled to an
additional 25 percent new entrant bidding credit, for a total maximum
bidding credit of 60 percent.
The present record is inconclusive as to the ultimate effectiveness
of Tribal bidding credits. Notwithstanding the useful input received,
the Commission was unclear as to whether and how it could craft such
credits so as to meaningfully advance its goals consistent with the
competitive bidding mandate of 47 U.S.C. 309(j). In this regard, there
is a necessary balance between Congress's directive to design
competitive bidding systems to recover for the public a portion of the
value of spectrum (see 47 U.S.C. 309(j)(3)(C)), which militates in
favor of setting the credit as low as possible, and the need to ensure
that Tribes and Tribal entities uniquely qualified to serve their
communities receive licenses to do so, which militates in the other
direction. Most Tribal applicants likely will qualify for new entrant
bidding credits of up to 35 percent under the Commission's current
rules (given the small number of Tribal-owned stations), and the record
did not reflect whether and, if so, how much more of an additional
credit would be necessary to address the particular bidding
disadvantages that Tribes face. To the extent that such disadvantages
are substantial, the Commission was concerned that even a 60 percent
credit might not be sufficient to ensure realization of its policy
goals in establishing the Tribal Priority.
On further consideration, the Commission believed an alternative
approach might be more effective to achieve its policy goals and would
be more consistent with its statutory mandate to license spectrum in
the public interest. The Commission thus sought comment on whether to
require, as a threshold qualification to apply for a commercial FM
channel allotted pursuant to the Tribal Priority, that applicants
qualify for a Tribal Priority for the channel. This proposed
requirement would be similar to procedures used for certain vacant FM
allotments reserved for noncommercial educational (NCE) use. Under
those procedures, which are intended to safeguard the policy objectives
of the channel reservation process (namely, to add new NCE stations
where listeners receive limited or no NCE service), applicants for a
reserved channel must make a showing at the application stage similar
to that required of channel reservation proponents at the allotment
stage. Likewise, under the proposed approach here, a Tribe or Tribal
entity applying for an FM channel allotted based on the Tribal Priority
would be required to establish at the application stage its
qualifications to provide the service for which the channel was
specifically allotted.
The Commission believes the proposed threshold qualifications would
be more effective than Tribal bidding credits in advancing the Tribal
Priority's goals. As set forth in the First R&O, the Priority is
premised on the unique ability of Tribes and Tribal entities to serve
their Tribal communities ``[b]ecause of their status as sovereign
nations responsible for, among other things, `maintaining and
sustaining their sacred histories, languages, and traditions.' ''
(First R&O, 25 FCC Rcd at 1587-88). As the Commission previously noted,
the identity of the service provider to Tribal areas is critical to
Tribal Priority-based allocations. Whereas in AM and NCE radio services
the Tribal Priority generally operates as a dispositive preference in
the application process, guaranteeing that a qualified applicant will
obtain the license, commercial FM licensing is a two-step process in
which a dispositive preference at the initial, allotment stage does not
guarantee the grant of a license in the second, application step. An
unavoidable consequence of the auctions process is that Tribes and
Tribal entities uniquely qualified to serve their communities may be
outbid in the commercial FM application process by non-Tribal
applicants that file mutually exclusive applications. At best, Tribal
bidding credits can mitigate this concern by boosting the competitive
position of Tribal applicants. They cannot, however, eliminate the risk
of qualified Tribal applicants being outbid, thereby frustrating the
Commission's goals in allocating the channel pursuant to the Tribal
Priority. In contrast, the proposed threshold qualification requirement
would ensure that only a Tribe or Tribal entity qualified to provide
the unique service contemplated by the allocation is eligible for the
license to provide that service. Such an approach would set the
commercial FM service on the same footing as other radio services with
regard to the Tribal Priority, and avoid undermining the Commission's
policy goals in establishing the Tribal Priority.
The Commission further believes the proposed threshold
qualifications would be consistent with its statutory mandate under 47
U.S.C. 309(j)(6)(E), which provides, in pertinent part, that
``[n]othing in this subsection, or in the use of competitive bidding,
shall * * * be construed to relieve the Commission of the obligation in
the public interest to continue to use * * * threshold qualifications *
* * in order to avoid mutual exclusivity in application and
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licensing proceedings.'' The Commission believes the use of threshold
qualifications would serve the public interest because the premise of
the Tribal Priority is a Tribe's or Tribal entity's unique ability to
serve the needs and interests of its local community. That premise
distinguishes the proposal here from the grant of bidding credits to an
FM applicant who successfully petitions for the allotment of a channel
being auctioned, a proposal that the Commission rejected in 1998 as
analogous to the pioneer preferences that Congress has specifically
eliminated. The threshold qualification would be based on the Tribe's
or Tribal entity's ability to fulfill the purpose for which the channel
was allotted under the Tribal Priority, rather than on its
participation in the allotment proceeding. Thus, eligible Tribes or
Tribal entities may be eligible to apply for a channel allotted
pursuant to the Tribal Priority even if they did not petition for the
allotment. To the extent that mutually exclusive applications may still
be filed under the proposed threshold qualifications approach, thus
requiring competitive bidding, the bidders would be limited to
qualified Tribes and Tribal entities, so the Commission's policy goals
would not be frustrated. The Commission also asked whether to adopt an
exception to the general prohibition of collusion set forth in 47 CFR
1.2105(c) applicable to mutually exclusive applications in the
commercial FM broadcast service, so that Tribes or Tribal entities that
file mutually exclusive applications for a channel allotted pursuant to
the Tribal Priority have an opportunity to resolve any mutual
exclusivities through engineering solutions or settlement.
The Commission seeks comment on the foregoing threshold
qualifications proposal, the issues related to it that are discussed
above, and on any and all additional issues that commenters believe it
may raise. In particular, the Commission invites comment from the
Tribal community on its potential utility in ensuring realization of
the goals underlying the Tribal Priority. In the event no applicant
meets the threshold qualifications for the Tribal allotment in a filing
window, the Commission seeks comment on whether it should routinely
include such allotments in subsequent windows. The Commission also
seeks comment on when it should permit non-Tribal applicants to seek
construction permits through the auctions process for allotments for
which potential Tribal applicants have not expressed an interest. The
Commission also invites further comment on Tribal bidding credits, on
which issue it found the record to be inconclusive. The Commission
welcomes additional input from commenters addressing the record
deficiencies on this issue, such as evidence as to the particular
bidding disadvantages that Tribes may face vis-[agrave]-vis non-Tribal
bidders for broadcast radio licenses, as well as the capital
requirements of Tribes and Tribal-owned entities to provide commercial
FM service to Tribal lands. The Commission strongly encourages
qualified Tribes and Tribal entities to take advantage of the Tribal
Priority by filing rulemaking petitions for commercial FM allotments.
With regard to the commercial FM service, the goals of the Tribal
Priority can be realized only through the filing of such petitions.
Finally, the Commission seeks comment on ways that it could promote a
commercial Tribal radio service, including comment on potential
barriers that may discourage Tribal participation in the auctions and
licensing processes.
Comments and Reply Comments
Pursuant to 47 CFR 1.415 and 1.419, interested parties must file
comments on or before April 15, 2011, and must file reply comments on
or before May 16, 2011. 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.
Comments may be filed electronically using the Internet by
accessing the ECFS: http://www.fcc.gov/cbg/ecfs, or the Federal
eRulemaking Portal: http://www.regulations.gov. Filers should follow
the instructions provided on the Web sites for submitting comments. For
ECFS filers, if multiple docket or rulemaking numbers appear in the
caption of this proceeding, filers must transmit one electronic copy of
the comments for each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, filers 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 response.
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, filers must submit two
additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
(although the Commission continues to experience delays in receiving
U.S. Postal Service mail). All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications
Commission. The Commission's contractor 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.
Contact the FCC to request materials in accessible formats
(braille, large print, electronic files, audio format, etc.) by e-mail
at [email protected], or call the Consumer & Governmental Affairs Bureau
at 202-418-0531 (voice), 202-418-7365 (TTY).
The full text of the Further Notice of Proposed Rulemaking is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Room CY-A257, 445 12th Street,
SW., Washington, DC 20554. The complete text may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-30.pdf. Alternative formats are available to persons with
disabilities by contacting Martha Contee at (202) 418-0260 or TTY (202)
418-2555.
Ex Parte Rules
This proceeding will be treated as a ``permit-but-disclose''
proceeding subject to the ``permit-but-disclose'' requirements under
section 1.1206(b) of the Commission's rules (47 CFR 1.1206(b)). Ex
parte presentations are permissible if disclosed in accordance with
Commission rules, except during the Sunshine Agenda period when
presentations, ex parte or otherwise, are generally prohibited. Persons
making oral ex parte presentations are reminded that a memorandum
summarizing a
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presentation must contain a summary of the substance of the
presentation and not merely a listing of the subjects discussed. More
than a one- or two-sentence description of the views and arguments
presented is generally required. Additional rules pertaining to oral
and written presentations are set forth in 47 CFR 1.1206(b).
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice and
comment rule making proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' 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 Small Business
Administration (SBA).
As required by the RFA (5 U.S.C. 603), the Commission has prepared
this Initial Regulatory Flexibility Analysis (IRFA) of the possible
significant economic impact on a substantial number of small entities
by the policies and rules proposed in the SFNPRM. 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 SFNPRM provided in paragraph 71 of the SFNPRM. The Commission
will send a copy of this entire SFNPRM, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
In addition, the SFNPRM and the IRFA (or summaries thereof) will be
published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
This further rulemaking proceeding is initiated to obtain further
comments concerning an alternate proposal to assist Tribes seeking to
establish new commercial FM service to Tribal communities. In the
FNPRM, the Commission proposed an auction bidding credit to Tribes and
entities owned by Tribes. The Commission received only one proposal for
a potential Tribal bidding credit: To grant Tribes a 35 percent Tribal
Bidding Credit (TBC), to be added to any new entrant bidding credit for
which they may qualify, to a maximum of 60 percent. The Commission
believes this record is inconclusive to adopt a TBC, and believes it is
unclear whether and how a TBC could be crafted to advance the dual
goals of increasing Tribal ownership of radio facilities and maximizing
the value of spectrum through competitive bidding, as mandated by 47
U.S.C. 309(j). On further consideration, the Commission determined that
an alternative approach would more effectively achieve the policy goals
underlying the Tribal Priority adopted in the First R&O in this
proceeding, and be more consistent with its statutory mandate (see 47
U.S.C. 309(j)(6)(e)).
Specifically, the Commission seeks comment on whether to require,
as a threshold qualification to apply for a commercial FM channel
allotted pursuant to the Tribal Priority, that applicants qualify for a
Tribal Priority for that channel. Such an approach is consistent with
other procedures used by the Commission, such as those used to reserve
vacant FM allotments for noncommercial educational (NCE) use.
Additionally, while the Tribal Priority operates as a dispositive
preference in the AM commercial and FM NCE application contexts, as
currently formulated the priority is not dispositive for FM commercial
stations, because a Tribe that adds an FM allotment using the Tribal
Priority may still be outbid at auction by a non-Tribal applicant. The
alternative approach proposed by the Commission would correct this
asymmetry, and would also more effectively ensure that FM allotments
added using the Tribal Priority are ultimately licensed to Tribes, who
would use such FM channels for their intended purposes of promoting
Tribal language, culture, and self-government. The Commission therefore
seeks comment on this alternative approach and its potential
ramifications, including whether non-Tribal applicants should be
allowed to apply for FM allotments added using the Tribal Priority, but
for which no Tribe expresses interest. The Commission also seeks
additional input from commenters on the TBC, and on other ways in which
the Commission could promote commercial Tribal radio service, including
comment on potential barriers that may discourage Tribal participation
in the broadcast auction and licensing processes.
Legal Basis
The authority for this proposed rulemaking is contained in Sections
1, 2, 4(i), 303, 307, and 309(j) of the Communications Act of 1934, 47
U.S.C. 151, 152, 154(i), 303, 307, and 309(j).
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the proposed rules. The RFA generally defines the term
``small entity'' as encompassing the terms ``small business,'' ``small
organization,'' and ``small governmental entity.'' 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.
Radio Stations
The proposed rules and policies potentially will apply to all AM
and FM radio broadcasting applicants, and proponents for new FM
allotments, who qualify for the Tribal Priority adopted in the First
R&O in this proceeding. The ``Radio Stations'' Economic Census category
``comprises establishments primarily engaged in broadcasting aural
programs by radio to the public. Programming may originate in their own
studio, from an affiliated network, or from external sources. The SBA
has established a small business size standard for this category, which
is: Such firms having $7 million or less in annual receipts. According
to BIA Advisory Services, L.L.C., MEDIA Access Pro Database on January
20, 2011, 10,820 (97%) of 11,127 commercial radio stations have revenue
of $7 million or less. Therefore, the majority of such entities are
small entities. We note, however, that in assessing whether a business
concern qualifies as small under the above size standard, business
affiliations must be included. In addition, to be determined to be a
``small business,'' the entity may not be dominant in its field of
operation. We note that it is difficult at times to assess these
criteria in the context of media entities, and our estimate of small
businesses may therefore be over-inclusive.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
The proposed rule and procedural changes may, in some cases, impose
different reporting requirements on
[[Page 14366]]
potential radio licensees and permittees, insofar as they would require
or allow certain applicants to demonstrate their qualifications to
apply for an FM channel allotted using the Tribal Priority. However,
the information to be filed is already familiar to broadcasters, and
the information requested to claim the Tribal Priority is similar to
current section 307(b) showings, so any additional burdens would be
minimal.
To the extent that other applicants would be disadvantaged by
Tribes qualifying for the Tribal Priority and the proposed alternative
``threshold qualifications'' approach, the Commission believes that
such burdens would be offset by the fact that the Tribal Priority is
designed to redress inequities in the number of Tribal radio licensees,
compared to the population of Tribal citizens in the United States and
the fact that some of these citizens were deprived of their original
Tribal lands. The Tribal Priority, then, not only helps the Commission
to meet its goals of ownership and program diversity, but also furthers
the Federal government's obligations toward Tribes to assist them in
promulgating Tribal languages and cultures, and to support Tribal self-
government. The approach proposed by the Commission would also apply
only to FM allotments added to the Table of Allotments using the Tribal
Priority, and thus would apply only to proposed facilities serving
primarily Tribal communities. Adoption of the threshold qualifications
approach would thus assist Tribes in pursuing commercial radio
licensing opportunities and would enable ownership of facilities added
to the FM Table of Allotments by Tribes or Tribal-owned entities that
are charged with promoting Tribal self-governance.
Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
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 (5 U.S.C. 603(b)).
In the SFNPRM, the Commission seeks to provide additional
opportunities for participation by Tribes seeking commercial radio
facilities, especially FM commercial stations. The Commission seeks
comment as to whether its goals could be more effectively accomplished
through the use of a ``threshold qualifications'' approach, limiting
applications for Tribal-priority-added FM allotments to those filed by
Tribes or Tribal-owned entities. The Commission is open to
consideration of alternatives to the proposals under consideration, as
set forth herein, including but not limited to alternatives that will
minimize the burden on broadcasters, most of whom are small businesses.
There may be unique circumstances these entities may face, and we will
consider appropriate action for small broadcasters when preparing a
Third Report and Order in this matter.
Federal Rules Which Duplicate, Overlap, or Conflict With, the
Commission's Proposals
None.
This document is available in alternative formats (computer
diskette, large print, audio record, and Braille). Persons with
disabilities who need documents in these formats may request them by e-
mail at [email protected], or call the Consumer & Governmental Affairs
Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Ordering Clause
Accordingly, it is ordered, pursuant to the authority contained in
sections 1, 2, 4(i), 303, 307, and 309(j) of the Communications Act of
1934, 47 U.S.C. 151, 152, 154(i), 303, 307, and 309(j), that this
Second Report and Order, First Order on Reconsideration, and Second
Further Notice of Proposed Rule Making is adopted.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-6146 Filed 3-15-11; 8:45 am]
BILLING CODE 6712-01-P