[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 313-314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28385]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 19-1304; FRS 16387]


Media Bureau Announces Procedures for Processing License Renewal 
Applications for Commercial Radio 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 renew commercial radio 
station licenses, 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 Tom Hutton, 
[email protected], (202) 418-7266, of the Media Bureau, Audio 
Division. Press inquiries should be directed to Janice Wise, 
[email protected], at (202) 418-8165. Filers who have questions 
regarding basic filing requirements or who need assistance logging into 
LMS or amending Schedule 303-S should contact the Commission at (877) 
480-3201 (Option 2), Monday-Friday, 8:00 a.m.-6:00 p.m. ET, or submit a 
request online at https://fccprod.service-now.com/auls?id=esupport.

SUPPLEMENTARY INFORMATION: By this Public Notice, the FCC's Media 
Bureau announces revised procedures for commercial radio station 
renewal applications 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\ thereby reinstating the Commission's 
Newspaper/Broadcast Cross-Ownership Rule and the Radio/Television 
Cross-Ownership Rule. On November 29, 2019, the Third Circuit issued 
its mandate in Prometheus. Letter from Patricia S. Dodszuweit, Clerk,

[[Page 314]]

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 19-1304 (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 renewal applications.\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).
    \2\ 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 Renewal Applications: Effective immediately, every licensee 
seeking renewal of a commercial station license must report any 
violation of the Newspaper/Broadcast or Radio/Television Cross-
Ownership rules contained in the revised section 73.3555 of the Rules. 
The Media Bureau is in the process of seeking approval from the Office 
of Management and Budget to add a new question on this topic to the 
renewal application, FCC Form 2100, Schedule 303-S. Pending that 
approval and effective immediately, all licensees must use the ``FCC 
Violations during the Preceding License Term'' question in the 
``Renewal Certification'' section of the renewal application to report 
any violations of section 73.3555.\3\ If the licensee (or any party 
with an attributable interest in the licensee) is in violation of the 
Newspaper/Broadcast or Radio/Television Cross-Ownership rules, it must 
answer that question ``No'' and include an explanatory exhibit. 
Licensees should answer ``No'' and provide an explanatory exhibit even 
if the acquisition of an attributable interest in a newspaper/broadcast 
combination or radio/television combination has previously been 
approved by the Commission or its staff. If the licensee is not in 
violation of the Newspaper/Broadcast or Radio/Television Cross-
Ownership rules, and there have been no other violations of the 
Communications Act of 1934, as amended, or the rules or regulations of 
the Commission during the preceding license term, it must answer that 
question ``Yes.'' The Media Bureau will issue a future Public Notice 
when a permanent question on this subject has been added to the renewal 
application.
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    \3\ 47 CFR 73.3555. That question states, ``Licensee certifies 
that, with respect to the station(s) for which renewal is requested, 
there have been no violations by the licensee of the Communications 
Act of 1934, as amended, or the rules or regulations of the 
Commission during the preceding license term. If ``No'', the 
licensee must submit an explanatory exhibit providing complete 
descriptions of all violations.''
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    Pending Renewal Applications: Each licensee that has a pending 
application for renewal of a commercial station license must update its 
application as described herein. Specifically, within 30 days of the 
date of this Public Notice, the licensee must file an amendment to its 
pending application \4\ as required by section 1.65 of the Commission's 
rules, 47 CFR 1.65. This amendment must include an attachment 
certifying whether the station licensee (and each party with an 
attributable interest in the licensee) complies with the Commission's 
cross ownership rules now in effect in revised section 73.3555. The 
attachment should state:
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    \4\ Licensees must use the Media Bureau's LMS database to file 
this amendment. After logging into LMS, the licensee should click on 
the ``Applications'' tab at the top of the screen. The Applications 
tab enables licensees to amend pending renewal applications. Next, 
the licensee must click on the ``Submitted'' tab to see any pending 
renewal applications. Then, click on the application File Number to 
get to the screen to create the amendment. This is the ``Application 
Summary'' page. From this page, click on the ``File an Application'' 
button and select ``Amend Application.'' To add an attachment from 
any Application section, click on the ``Attachments'' link from the 
top/middle of the page. For Attachment Type, Select ``Amendment.'' 
Then, use the ``Browse. . .'' button to locate the appropriate 
attachment from your computer. Then, select the relevant document 
and click on ``Open.'' Next, add a description of the document and 
click on ``Upload File.'' Once this is complete, click on the 
``Back'' button at the bottom of the page.

    The station licensee (and each party with an attributable 
interest in the licensee) hereby certifies it is in compliance with 
the Newspaper/Broadcast and Radio/Television Cross-Ownership rules 
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in revised 47 CFR 73.3555.

    To the extent the licensee cannot certify compliance, it should 
file an explanation with all necessary showings. Licensees should 
address these rules in the amendment even if the acquisition of an 
attributable interest in a newspaper/broadcast combination or radio/
television combination has previously been approved by the Commission 
or its staff. No action will be taken on pending renewal applications 
prior to submission of this amendment. Pending renewal applications 
will be processed once amendments are received.

Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2019-28385 Filed 1-2-20; 8:45 am]
 BILLING CODE 6712-01-P