[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60934-60935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24643]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[CG Docket No. 12-39; DA 12-1545]


Termination of Certain Proceedings as Dormant

AGENCY: Federal Communications Commission.

ACTION: Final rule; termination of proceedings.

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SUMMARY: In this document, the Commission, via the Consumer and 
Governmental Affairs Bureau (CGB) terminates, as dormant, certain 
docketed Commission proceedings. Termination of these inactive 
proceedings furthers the Commission's organizational goals of 
increasing the efficiency of its decision-making, modernizing the 
agency's processes in the digital age, and enhancing the openness and 
transparency of Commission proceedings for practitioners and the 
public.

DATES: Effective October 5, 2012.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Deborah Broderson, Consumer and 
Governmental Affairs Bureau at (202) 418-0652, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Order, Termination of Certain Proceedings as Dormant, document DA 12-
1545, adopted September 27, 2012 and released on September 27, 2012, in 
CG Docket No. 12-39. On June 3, 2011, the Commission sought comment on 
whether certain listed docketed Commission proceedings should be 
terminated as dormant. See 76 FR 35892, June 20, 2011. On September 30, 
2011, in a subsequent action, the Commission terminated, as dormant, 
certain docketed Commission proceedings. See 76 FR 70902, November 16, 
2011. On February 15, 2012, the Commission sought comment on whether 
additional docketed Commission proceedings should be terminated as 
dormant. See 77 FR 13322, March 6, 2012. The full text of document DA 
12-1545 and copies of any subsequently filed documents in this matter 
will be available for public inspection and copying during regular 
business hours at the FCC Reference Information Center, Portals II, 445 
12th Street SW., Room CY-A257, Washington, DC 20554. Document DA 12-
1545 and copies of subsequently filed documents in this matter may also 
be purchased from the Commission's duplicating contractor, Best Copying 
and Printing, Inc. (BCPI), at Portals II, 445 12th Street SW., Room CY-
B402, Washington, DC 20554. Customers may contact BCPI at its Web site, 
www.bcpiweb.com, or by calling (202) 488-5300. Document DA 12-1545 can 
also be downloaded in Word or Portable Document Format (PDF) at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1545A1.doc, or 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1545A1.pdf.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

    This document does not contain information collection requirements 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, therefore, it does not contain any 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).

Synopsis

    1. On February 4, 2011, the Commission released Amendment of 
Certain of the Commission's Part 1 Rules of Practice and Procedure and 
Part 0 Rules of Commission Organization, Report and Order, FCC 11-16, 
in CG Docket No. 11-44, published at 76 FR 24383, May 2, 2011 
(Procedure Order), which revised portions of its Part 1--Practice and 
Procedures and Part 0--Organizational rules. The amendment of Sec.  
0.141 of the Commission's organizational rules delegated authority to 
the Chief, CGB to conduct periodic review of all open dockets with the 
objective of terminating those that were inactive. The Commission 
stated that termination of such proceedings also will include the 
dismissal as moot of any pending petition, motion, or other request for 
relief in the terminated proceeding that is procedural in nature or 
otherwise does not address the merits of the proceeding. On February 
15, 2012, the Commission released Termination of Certain Proceedings as 
Dormant, Public Notice, DA 12-220, CG Docket No. 12-39, published at 77 
FR 13322, March 6, 2011 (Termination Public Notice), which identified 
those dockets that could potentially be terminated and provided 
interested parties the opportunity to file comments on these proposed 
terminations. Based upon CGB's review of the two comments received in 
response to the Termination Public Notice, and for the reasons given 
below, CGB hereby terminates the proceedings that are listed in the 
Attachment to DA 12-1545, which were previously listed in DA 12-220. 
See http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-220A1.doc.
    2. CGB received two comments requesting that particular proceedings 
noted in the Termination Public Notice remain open. Based upon CGB's 
review of these comments, for the reasons noted below, CGB rejects the 
request of the New Jersey Broadcasters Association (NJBA) to retain RM-
11099. Based on the request of the Office of Communication of the 
United Church of Christ, Inc., National Hispanic Media Coalition, 
Campaign Legal Center, Media Access Project, Benton Foundation, and 
Free Press (collectively, UCC), and our further evaluation, MB Docket 
No. 05-6 will remain open and will not be terminated at this time. On 
our own motion as described below, CGB has also determined not to 
terminate two additional proceedings listed in the Termination Public 
Notice.
    3. NJBA asks that we maintain as active RM-11099, which had been 
initiated by the May 27, 2004 filing of NJBA's Petition entitled ``In 
the Matter of the Commissions' Rules to Protect New Jersey Listeners 
from FM

[[Page 60935]]

Translator and Low Power FM 100 Watt Interference.'' As acknowledged by 
NJBA, materials in both its Petition and its Comments relate to the 
LPFM and FM translator services. On March 19, 2012, the Commission 
released a Fifth Report and Order and Fourth Further Notice of Proposed 
Rulemaking in MM Docket No. 99-25, published at 77 FR 20756, April 6, 
2012, a proceeding that relates specifically to those services. Given 
the common subject matter, the materials in the proceeding that the 
NJBA seeks to keep open are applicable to and may be filed again in 
ongoing MM Docket No. 99-25. For this reason, CGB denies NJBA's request 
to keep RM-11099 open.
    4. The UCC requests that the Commission keep open MB Docket No. 05-
6. Although the Termination Public Notice proposed closing this 
proceeding, based upon both the UCC's comments and CGB's additional 
evaluation, we find that further action in the proceeding, which 
proposes modification of the Commission's rules to make more clear 
broadcasters' public notice of the proposed sale of their stations, may 
be required. Accordingly, CGB will not terminate the proceeding at this 
time.
    5. As a final matter, although the Termination Public Notice 
proposed closing Rules and Policies Concerning Attribution of Joint 
Sales Agreements In Local Television Markets (MB Docket No. 04-256) and 
1998 Biennial Regulatory Review--Review of Accounts Settlement in the 
Maritime Mobile and Mobile-Satellite Radio Services (IB Docket No. 98-
96), upon further sua sponte evaluation, CGB finds that further action 
may also be necessary in these docketed proceedings. Accordingly, CGB 
will not terminate these proceedings at this time. In addition, the 
Media Bureau has concluded that the termination of the proceeding 
Retention by Broadcasters of Program Recordings (MB Docket No. 04-232) 
will not affect the Commission's authority to initiate enforcement 
actions, as it deems appropriate, and accordingly CGB terminates that 
proceeding as dormant.

Regulatory Flexibility Act

    6. The Commission's action does not require notice and comment and 
is not subject to the Regulatory Flexibility Act of 1980, as amended. 
See 5 U.S.C. 601(2), 603(a). The Commission nonetheless notes that it 
anticipates that the rules adopted will not have a significant economic 
impact on a substantial number of small entities. As described above, 
the Commission primarily changes its own internal procedures and 
organizations and does not impose substantive new responsibilities on 
regulated entities. There is no reason to believe termination of 
certain dormant proceedings would impose significant costs on parties 
to Commission proceedings. To the contrary, the Commission takes the 
actions herein with the expectation that overall they will make 
dealings with the Commission quicker, easier, and less costly for 
entities of all size.

Congressional Review Act

    The Commission will not send a copy of document DA 12-1545 pursuant 
to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the 
Commission is not adopting, amending, revising, or deleting any rules.

Ordering Clauses

    Pursuant to sections 1, 4(i), and 4(j), of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), and (j) and Sec.  0.141 of the 
Commission rules, the proceedings listed in the Attachment to DA 12-
1545, which can be downloaded in Word or Portable Document Format (PDF) 
at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1545A1.doc 
or http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1545A1.pdf, 
are terminated.

Federal Communications Commission.
Kris Anne Monteith,
Acting Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2012-24643 Filed 10-4-12; 8:45 am]
BILLING CODE 6712-01-P