[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39584-39587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14505]


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BROADCASTING BOARD OF GOVERNORS

22 CFR Part 502


Domestic Requests for Broadcasting Board of Governors Program 
Materials

AGENCY: Broadcasting Board of Governors.

ACTION: Interim final rule with request for comment.

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SUMMARY: As directed by the National Defense Authorization Act for 2013 
and amendments to the U.S. Information and Educational Exchange Act, 
the Broadcasting Board of Governors issues a rule which establishes 
procedures for responding to domestic requests for the Agency's program 
materials. The Agency may, upon request, provide members of the public, 
organizations, and media with program materials which the Agency 
disseminated abroad.

DATES: This rule is effective July 2, 2013. Comments must be submitted 
on or before September 3, 2013.

ADDRESSES: Please submit comments by email to [email protected], or by 
postal mail or commercial delivery, addressed to April Cabral, Senior 
Policy Advisor, International Broadcasting Bureau Director's Office, 
Broadcasting Board of Governors, 330 Independence Avenue SW., 
Washington, DC 20237. Please state that your comment refers to Interim 
Final Revisions to 22 CFR Part 502.
    Additional information about the Agency and its programs is 
available on the Internet at http://www.bbg.gov.

FOR FURTHER INFORMATION CONTACT: April Cabral, Senior Policy Advisor, 
International Broadcasting Bureau, Broadcasting Board of Governors, 330 
Independence Avenue SW., Washington, DC 20237. Telephone number: (202) 
203-4515.

SUPPLEMENTARY INFORMATION: 

Background

    The Broadcasting Board of Governors supervises all U.S. non-
military international broadcasting activities in accordance with the 
broadcasting principles and standards in the U.S. International 
Broadcasting Act of 1994, including consistency with the broad foreign 
policy objectives of the United States. As stated in the U.S. 
International Broadcasting Act of 1994, it is the policy of the United 
States to promote freedom of opinion and expression and to open 
communication of information and ideas among the people of the world. 
22 U.S.C. 6201. The Agency has adopted as its mission statement: to 
inform, engage, and connect people around the world in support of 
freedom and democracy.
    Due to recent amendments to section 501 of the U.S. Information and 
Educational Exchange Act, the Agency may, upon request, provide members 
of the public, organizations, and media with program materials which 
the Agency disseminated abroad. It is the Agency's policy to make its 
program materials available, upon request, whenever doing so is 
consistent with all statutory authorities, prohibitions, principles, 
and standards.

[[Page 39585]]

Administrative Procedures Act

    There is good cause under 5 U.S.C. 553(b)(B) and (d)(3) to publish 
this rule at the time of implementation. Because one of the purposes of 
this rule and the law underlying this rule is to allow information 
dissemination outside of the Freedom of Information Act for BBG program 
materials, and because of the impending effective date of the law, the 
intent of the law would be frustrated if BBG could not begin 
implementing this rule and responding to domestic requests for program 
materials by July 2, 2013. The immediate implementation of this rule by 
the effective date of the law will advance the Congressional intent to 
allow the BBG to respond to domestic requests for program material and 
provide information about its activities to the media and to the public 
for the purposes of transparency of BBG operations. Moreover, this rule 
is not significant in nature and impact on the public, since the BBG 
makes all program materials available on its public Web sites at no 
cost. Accordingly, BBG finds that normal public rulemaking procedures 
are impracticable and unnecessary, and that there is good cause under 5 
U.S.C. 553 (b)(B) and (d)(3) to exempt this rule from public rulemaking 
procedures and to implement this rule upon publication. Without 
prejudice to BBG's determination that there is good cause to exempt 
this rule from public rulemaking procedures, in the interests of 
transparency and public participation, BBG is publishing this rule as 
an interim final rule with a discretionary 60-day provision for public 
comment.
    Furthermore, because this is a substantive rule that relieves 
restrictions imposed by previous versions of 22 U.S.C. 1461 and 1461-
1a, the Agency may implement this rule at the time of publication under 
5 U.S.C. 553(d)(1). This rule does not require or prompt the public to 
take any action; rather, it functions to relieve the prohibition that 
prevented the Agency from responding to requests for program materials 
from the U.S. public, U.S. media entities, or other U.S. organizations. 
This rule benefits the public, media, and other organizations by 
allowing them to request and access BBG program materials, which 
previously could not be disseminated within the U.S.
    The BBG seeks public comment on all aspects of this interim final 
rule and will carefully review any comments it receives. The BBG will 
publish a response in the Federal Register to any significant, adverse 
comments it receives, along with any modifications to this rule, within 
60 days after the deadline for public comment.

Regulatory Flexibility Act/Executive Order 13272: Small Business 
Impacts

    Because this interim final rule is exempt from 5 U.S.C. 553 under 5 
U.S.C. 553(b)(B), (d)(1), and (d)(3), and because no other law requires 
BBG to give notice of such rulemaking, this interim final rule is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) or 
Executive Order 13272, section 3(b). In addition, this interim final 
rule will not have an impact on small businesses or other small 
entities, because, under this rule, BBG only responds to requests for 
program materials.

Executive Order 12866 and 13563

    Because this interim final rule is exempt from 5 U.S.C. 553 under 5 
U.S.C. 553(b)(B), (d)(1), and (d)(3), this interim final rule is exempt 
from the requirements of Executive Order 12866 and 13563. BBG has, 
nevertheless, reviewed the interim final rule to ensure its consistency 
with the regulatory philosophy and principles set forth in those 
Executive Orders. This rule has been designated a non-significant 
regulatory action as defined by Executive Order 12866.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million in any year; and it will not significantly or uniquely affect 
small governments. Therefore, this rule contains no Federal mandates as 
defined in the Unfunded Mandates Reform Act of 1995, and this rule is 
not subject to the requirements of sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804 for the 
purposes of Congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801-
808). This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of U.S.-based companies to 
compete with foreign-based companies in domestic and export markets.

Executive Order 13132, Federalism

    The policies contained in this rule do not have any substantial, 
direct effect on states, on the relationship between the Federal 
Government and the states, or on the distribution of power and 
responsibilities among the various levels of the Government. Nor does 
this rule impose substantial direct compliance costs on state and local 
governments. Therefore, consultation with the states is not required.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The BBG has determined that this rulemaking will not have tribal 
implications, will not impose substantial direct compliance costs on 
Indian tribal governments, and will not preempt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

List of Subjects in 22 CFR Part 502

    Broadcasting, Foreign relations, News media, Public affairs, Radio, 
Recordings, Smith-Mundt, Television.

    Accordingly, the Broadcasting Board of Governors amends chapter V, 
title 22, Code of Federal Regulations by adding part 502 to read as 
follows:

PART 502--DOMESTIC REQUESTS FOR BROADCASTING BOARD OF GOVERNORS 
PROGRAM MATERIALS

Sec.
502.1 Authority and scope.
502.2 Definitions.
502.3 Availability of program materials on public Web sites.
502.4 Media or organization one-time requests for broadcast quality 
agency program materials.
502.5 Media or organization requests for ongoing subscriptions to 
broadcast quality agency program materials.
502.6 Terms of use for accessing program materials available on 
agency Web sites.
502.7 Denial of requests.
502.8 Fees.


    Authority:  22 U.S.C. 1461, 1461-1a.


Sec.  502.1  Authority and scope.

    (a) Authority for this part. This part is pursuant to Section 1078 
of the National Defense Authorization Act for Fiscal Year 2013, Public 
Law 112-239, as codified in 22 U.S.C. 1461, 1461-1a and the U.S. 
International Broadcasting Act, 22 U.S.C. 6201 et seq.
    (b) Scope. This part applies to the public and all divisions of the 
Federal Government supervised by the Broadcasting Board of Governors 
under the U.S. International Broadcasting Act of 1994 (collectively 
``the Agency'').

[[Page 39586]]

These regulations only cover the procedures for responding to domestic 
requests for Agency program materials.
    (c) Summary.
    (1) The Broadcasting Board of Governors supervises all U.S. non-
military international broadcasting activities in accordance with the 
broadcasting principles and standards in the U.S. International 
Broadcasting Act of 1994, 22 U.S.C. 6201 et seq., including consistency 
with the broad foreign policy objectives of the United States.
    (2) As stated in the U.S. International Broadcasting Act of 1994, 
it is the policy of the United States to promote freedom of opinion and 
expression and to open communication of information and ideas among the 
people of the world. The Agency has adopted as its mission statement 
``to inform, engage, and connect people around the world in support of 
freedom and democracy.''
    (3) It is the Agency's policy to make its program materials 
available, upon request, whenever doing so is consistent with all 
statutory authorities, prohibitions, principles, and standards. 
However, the Agency reserves the right to deny requests for program 
materials under circumstances described in Section 502.7 of this 
regulation.
    (4) Pursuant to section 501 of the U.S. Information and Educational 
Exchange Act, as amended, as codified in 22 U.S.C. 1461, the Agency 
may, upon request, provide members of the public, organizations, and 
media with program materials which the Agency disseminated abroad, in 
accordance with these regulations.
    (5) Pursuant to Section 208 of Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987, as amended, as codified at 22 U.S.C. 1461-
1a, the Agency is prohibited from using appropriated funds to influence 
public opinion in the United States, however, the statute clarifies 
that the Agency may:
    (i) Provide information about its operations, programs, or program 
materials to the media, the public, or Congress in accordance with 
applicable law;
    (ii) Make program materials available in the Unites States, when 
appropriate, and in accordance with other applicable law.


Sec.  502.2  Definitions.

    As used in this part:
    (a) Media entity means any person or entity, that actively gathers 
information of potential interest to a segment of the public, turns 
gathered information into a distinct work, or distributes that work to 
an audience within the United States, and otherwise serves the purposes 
described in Sec.  502.4.
    (b) Organization means any corporation, trust, association, 
cooperative, or other group organized primarily for scientific, 
educational, service, charitable, or similar purpose, including but not 
limited to institutions of higher education, and otherwise serves the 
purposes described in Sec.  502.4.
    (c) Program materials means radio broadcasts, television 
broadcasts, and Internet content that the Agency disseminates to 
audiences outside of the United States, pursuant to: The U.S. 
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461 et 
seq.); The U.S. International Broadcasting Act of 1994 (22 U.S.C. 6201 
et seq.); The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.); 
or The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.).
    (d) Requestor means any private person or entity within the United 
States that requests program materials from the Agency.


Sec.  502.3  Availability of program materials on public Web sites.

    (a) The Agency makes program materials available to Requestors 
through the Agency's news and information Web sites designed for 
foreign audiences. To access currently-available Agency program 
materials, please visit www.voanews.com and www.martinoticias.com. The 
homepages of these Web sites display a portion of the Agency's most 
recent news reporting. Additional program materials are available 
through the Web sites' search functions.
    (b) Program materials are available on Agency Web sites after their 
dissemination abroad, and may be removed from Agency Web sites solely 
at the Agency's discretion. The Agency will remove program materials 
from Agency Web sites when a National Archives and Records 
Administration (NARA) records schedule goes into effect, or when 
required by licensing agreements with third-party copyright holders. 
Once these program materials have been removed from Agency Web sites, 
they are no longer available from the Agency.
    (1) When full programs are removed from the Agency's Web sites in 
accordance with a NARA records schedule, programs designated as 
permanent will be transferred to NARA. For information on how to 
request Agency program materials that have been transferred to NARA, 
see the Agency's records schedules and NARA's regulations at 
www.nara.gov.
    (2) Programs designated as temporary under a NARA records schedule 
will not be retained by the Agency once they are removed from the 
Agency's Web sites and are no longer needed for the Agency's use.
    (c) Segments incorporated into final programs, including music, 
interviews, reports, and other program elements, will not be 
transferred to NARA independently of full program recordings, and will 
not be available after they have been removed from Agency Web sites.
    (d) Draft program materials, and any other program materials not 
selected for dissemination abroad, are not available.
    (e) The Agency shall determine the method of making program 
materials available, as well as the file type, file format, resolution, 
and storage medium(s) that are available. Program materials are only 
available in the same form (i.e. radio or television file-type and file 
format) and language in which the Agency disseminated them abroad.


Sec.  502.4  Media or organization one-time requests for broadcast 
quality agency program materials.

    Upon request, the Agency may provide a broadcast-quality copy of 
Agency program materials to Media entities, educational organizations, 
not-for-profit corporations, or other organizations, provided that the 
Agency determines that fulfilling such a request for a broadcast-
quality copy of the materials would serve the Agency's statutory 
mission, and that providing the program material is consistent with the 
Agency Policy for domestic distribution which incorporates the 
Broadcasting principles and standards, as well as other requirements, 
found in 22 U.S.C. 1461, 1461-1a, 1462, 6201, 6202, 6203, 6204, 6205, 
6206; Public Law 112-239, section 1078(b), 126 Stat. 1632, 1958; 
agreements with third-parties who hold a copyright in Agency program 
materials; and Terms of Use on Agency Web sites. Please see Sec.  502.5 
for information on ongoing subscriptions to broadcast quality Agency 
program materials. One-time requests for broadcast quality copies of 
Agency program materials should be directed to:
    (a) The Voice of America Office of Public Relations for broadcast-
quality copies of Voice of America program materials; and
    (b) The TV Marti Division of the Office of Cuba Broadcasting for 
broadcast-quality copies of TV or Radio Marti program materials.

[[Page 39587]]

Sec.  502.5  Media or organization requests for ongoing subscriptions 
to broadcast quality agency program materials.

    (a) Upon request, the Agency may make program materials available 
on an ongoing basis to Media entities, or other organizations, through 
a subscription agreement, provided that the Agency determines that 
entering into a subscription agreement to make program materials 
available on an ongoing basis would be consistent with the Agency's 
mission and authorities. Requested, ongoing subscription agreements 
must be consistent with the Agency's Policy for domestic distribution 
which incorporates the Broadcasting principles and standards. And other 
requirements, found in 22 U.S.C. 1461, 1461-1a, 1462, 6201, 6202, 6203, 
6204, 6205, 6206; Public Law 112-239, section 1078(b), 126 Stat. 1632, 
1958; agreements with third-parties that hold a copyright in Agency 
program materials; and Terms of Use on Agency Web sites. Please see 
Sec.  502.4 for information on one-time requests for broadcast quality 
Agency program materials.
    (b) Media entities, or other organizations, may request ongoing 
subscriptions by filling out an application form found on the Web site 
for the Direct System, the Agency's professional distribution system.


Sec.  502.6  Terms of use for accessing program materials available on 
agency Web sites.

    (a) By accessing Agency Web sites, Requestors agree to all the 
Terms of Use available on those Web sites.
    (b) All Requestors are advised that Agency program materials may 
contain third-party copyrighted material, unless the Agency 
specifically informs the Requestor otherwise. Accordingly, and as 
further explained in the Terms of Use mentioned above, by using Agency 
Web sites to access program materials:
    (1) The Requestor agrees that he or she is solely responsible for 
his or her use of program materials provided by the Agency and any 
copyrighted portion(s) of those materials;
    (2) The Requestor agrees that he or she shall secure all necessary 
licenses from all persons or organizations that hold a copyright in any 
portion of requested program materials before making any use of those 
program materials, except uses of program materials permitted by the 
Copyright Act of 1976, as amended. Permitted uses include: use of works 
for which copyright protections have lapsed or expired; use for private 
viewing, study, scholarship, or research purposes; or uses permitted 
under the fair use provisions of 17 U.S.C. 107.


Sec.  502.7  Denial of requests.

    (a) The Agency reserves the right to deny any request for program 
materials made pursuant to these regulations for cause, including but 
not limited to the following circumstances:
    (1) For a Requestor's failure to comply with the Terms of Use on 
Agency Web sites;
    (2) For a Requestor's failure to secure necessary rights and 
licenses to use third-party copyrighted materials when the Requestor 
uses Agency program materials in any way not explicitly permitted by 
the Copyright Act of 1976, as amended;
    (3) When the Agency's distribution of program materials is 
restricted by an agreement with a third-party that holds a copyright in 
a portion of Agency program materials;
    (4) If providing the requested materials would be inconsistent with 
the Agency's statutory authorities, the broadcasting element's charter, 
or any applicable law or regulation.
    (b) For more information on the criteria for accepting or denying 
requests, please see the Agency's policy for domestic distribution, 
available at www.bbg.gov.


Sec.  502.8  Fees.

    (a) The Agency makes program material available at no cost on 
www.voanews.com and www.martinoticias.com.
    (b) The Agency may collect a fee for reimbursement of the 
reasonable costs incurred to fulfill a request for Agency program 
materials, including ongoing subscriptions for Media entities and one-
time requests for broadcast-quality copies of Agency program materials. 
Fees charged for ongoing subscriptions, if any, will be outlined in an 
agreement between the Media entity and the Agency.
    (c) The Agency reserves the right to establish and change fees in 
accordance with applicable law and regulation.

    Dated: June 13, 2013.
Richard M. Lobo,
Director, International Broadcasting Bureau.
[FR Doc. 2013-14505 Filed 7-1-13; 8:45 am]
BILLING CODE 8610-01-P