[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 312-313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28384]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 19-1305]


Media Bureau Announces Procedures for Processing FCC Form 314 and 
315 Assignment and Transfer of Control Applications for Commercial 
Stations in Light of Third Circuit Mandate

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Media Bureau announces revised 
processing procedures for applications to assign or transfer control of 
commercial broadcast stations filed on FCC Forms 314 and 315, following 
the remand of certain Commission rules by the United States Court of 
Appeals for the Third Circuit, in its decision in Prometheus Radio 
Project v. FCC, 939 F.3d 567 (3d Cir. 2019), petition for rehearing en 
banc denied (3d Cir. Nov. 20, 2019) (Prometheus).

DATES: Applicable January 3, 2020.

FOR FURTHER INFORMATION CONTACT: Michael Wagner, 
[email protected], (202) 418-2775, or Lisa Scanlan, 
[email protected], (202) 418-2704, of the Media Bureau, Audio 
Division; or David Brown, [email protected], (202) 418-1645 of the 
Media Bureau, Video Division. Press inquiries should be directed to 
Janice Wise, [email protected], at (202) 418-8165.

SUPPLEMENTARY INFORMATION: By this Public Notice, the FCC's Media 
Bureau announces procedures for assignment and transfer applicants in 
light of the United States Court of Appeals for the Third Circuit's 
decision in Prometheus. In its decision, the court vacated and remanded 
the Commission's 2010/2014 Quadrennial Review Order on 
Reconsideration,\1\ which had modified the Commission's media ownership 
rules by: (1) Eliminating the newspaper/broadcast cross-ownership and 
radio/television cross-ownership rules; (2)

[[Page 313]]

revising the local television ownership rule by eliminating the ``eight 
voices'' test and permitting applicants to seek the combination of two 
top-four ranked stations in a given market on a case-by-case basis; and 
(3) deeming joint sales agreements between television stations to be 
non-attributable. By vacating the Order on Reconsideration, the 
Prometheus decision abrogated these rule changes and reinstated the 
prior media ownership rules adopted in the 2010/2014 Quadrennial Review 
Order. See 2010/2014 Quadrennial Review Order. The court also vacated 
the Commission's definition of an ``eligible entity,'' which had been 
adopted in the 2010/2014 Quadrennial Review Order.\2\
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    \1\ 2014 Quadrennial Regulatory Review--Review of the 
Commission's Broadcast Ownership Rules and Other Rules Adopted 
Pursuant to Section 202 of the Telecommunications Act of 1996 et 
al., Order on Reconsideration and Notice of Proposed Rulemaking, 32 
FCC Rcd 9802 (2017) (2010/2014 Quadrennial Review Order on 
Reconsideration). The Court also vacated in its entirety and 
remanded the Commission's Order adopting a radio incubator program, 
Report and Order In the Matter of Rules and Policies to Promote New 
Entry and Ownership Diversity in the Broadcasting Services, 33 FCC 
Rcd 7911 (2018), and the definition of ``eligible entity'' from the 
2014 Quadrennial Review Order--Review of the Commission's Broadcast 
Ownership Rules and Other Rules Adopted Pursuant to Section 202 of 
the Telecommunications Act of 1996 et al., Second Report and Order, 
31 FCC Rcd 9864 (2016) (2010/2014 Quadrennial Review Order).
    \2\ Prometheus, 939 F.3d at 587, 589, referencing 2010/2014 
Quadrennial Review Order. That definition is reflected in Section 
III, Item 6.d. of FCC Form 314 and Section III, Item 8.d of FCC Form 
315. Pending further Commission action on this topic, the eligible 
entity definition and attendant provisions of FCC Forms 314 and 315 
are unavailable.
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    On November 29, 2019, the Third Circuit issued its mandate in 
Prometheus. Letter from Patricia S. Dodszuweit, Clerk, Prometheus Radio 
Project v. FCC, Nos. 17-1107 et al. (3d Cir. Nov. 29, 2019). 
Accordingly, by order released December 20, 2019, the Commission's 
rules have been amended to reflect the changes required by the court's 
foregoing actions. 2014 Quadrennial Regulatory Review--Review of the 
Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant 
to Section 202 of the Telecommunications Act of 1996 et al., Order, DA 
19-1305 (MB Dec. 20, 2019) (2019 Order). The purpose of this Public 
Notice is to clarify the application of these new rules as they bear on 
pending and future applications for assignment and transfer of 
control.\3\
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    \3\ Nothing in this Public Notice shall be construed to affect 
the right of the Commission or any other party to the Prometheus 
litigation to seek further review of the Third Circuit's decision in 
the U.S. Supreme Court, or to limit the Commission's discretion in 
the event that the Supreme Court were to take further action in that 
litigation.
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    New Applications: Effective immediately, every applicant filing an 
assignment application on FCC Form 314 (Application for Consent to 
Assignment of Broadcast Station Construction Permit or License--https://transition.fcc.gov/Forms/Form314/314.pdf) or a transfer of control 
application on FCC Form 315 (Application for Consent to Transfer 
Control of Corporation Holding Broadcast Station Construction Permit or 
License--https://transition.fcc.gov/Forms/Form315/315.pdf) must take 
account of the media ownership rules now in effect by virtue of the 
issuance of the mandate in Prometheus. The Media Bureau is in the 
process of seeking approval from the Office of Management and Budget to 
restore the previous ownership language to the FCC Form 314 and 315. 
Pending that approval and effective immediately, all applicants must 
use the existing certification in each form that requires the applicant 
to certify that it ``complies with the Commission's multiple ownership 
rules.'' See FCC Form 314, section III, Item 6.b; FCC Form 315, section 
III, Item 8.b. We clarify that when an applicant certifies compliance 
with the ``multiple ownership rules'' it is certifying compliance with 
all of the rules set forth in 47 CFR 73.3555, including the ``eight 
voices'' test and the prohibition on top-four combinations in the local 
television rule; radio/television cross-ownership rules; newspaper/
broadcast cross-ownership rules; and attribution of joint sales 
agreements. 47 CFR 73.3555(b) through (d), notes. See 2019 Order.
    Pending Applications: To the extent that licensees have a pending 
assignment or transfer application filed on Form 314 or 315, they must 
update their application as described herein. Specifically, within 30 
days of the date of this Public Notice, each assignee or transferee 
must file an amendment to its pending application as required by 
section 1.65 of the Commission's rules, 47 CFR 1.65. This amendment 
must include, as Exhibit 1, a statement certifying whether each 
assignee or transferee complies with the Commission's multiple 
ownership rules now in effect as a result of the Prometheus decision. 
To the extent the assignee or transferee cannot certify compliance, it 
should file an explanation with all necessary showings. No action will 
be taken on pending applications prior to submission of this amendment. 
Applicants seeking prompt action on their application should not wait 
the full 30 days to file the required amendment. Applications will be 
processed once amendments are received.

Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2019-28384 Filed 1-2-20; 8:45 am]
 BILLING CODE 6712-01-P