[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Proposed Rules]
[Pages 48942-48952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17754]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 25, 73, and 76

[MB Docket No. 21-293; FCC 21-91; FR ID 43007]


Revisions to Political Programming and Recordkeeping Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to update its 
political programming and recordkeeping rules for broadcast licensees, 
cable television system operators, Direct Broadcast Satellite (DBS) 
service providers, and Satellite Digital Audio Radio Service (SDARS) 
licensees. The Commission proposes to update its political programming 
rules by adding the use of social media and the creation of a campaign 
website to the existing list of activities that may be considered in 
determining whether an individual running as a write-in candidate has 
made a ``substantial showing'' of his or her bona fide candidacy. The 
Commission also proposes to update its political recordkeeping rules by 
incorporating provisions which were adopted in the Bipartisan Campaign 
Reform Act of 2002.

DATES: Comments are due on or before October 1, 2021; reply comments 
are due on or before October 18, 2021.

ADDRESSES: You may submit comments, identified by MB Docket No. 21-293, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19.\1\
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    \1\ See FCC Announces Closure of FCC Headquarters Open Window 
and Change in Hand-Delivery Policy, Public Notice, 35 FCC Rcd 2788 
(2020).
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     During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.
    People with Disabilities. 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.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Gary Schonman, Special Counsel, Federal 
Communications Commission, Media Bureau, Policy Division, Political 
Programming Staff, at [email protected] or 202-418-1795.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 21-91, adopted on August 3, 2021, 
and released on August 4, 2021. The full text of this document is 
available for public inspection and copying via ECFS at http://apps.fcc.gov/ecfs and the FCC's website at https://docs.fcc.gov/public/attachments/FCC-21-91A1.pdf. Documents will be available electronically 
in ASCII, Microsoft Word, and/or Adobe Acrobat. Alternative formats are 
available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an email to [email protected] 
or calling the Commission's Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    In this Notice of Proposed Rulemaking (NPRM), we propose to update 
our political programming and recordkeeping rules for broadcast 
licensees, cable television system operators, Direct Broadcast 
Satellite (DBS) service providers, and Satellite Digital Audio Radio 
Service (SDARS) licensees. While the agency has strived to update its 
guidance to reflect changes in law and campaign practices, it has not 
undertaken a formal review to

[[Page 48943]]

update the political programming and recordkeeping rules since 1991.\2\ 
Given the substantial growth of such programming in recent years,\3\ 
the updates proposed in this item are intended to conform our rules 
with statutory amendments, increase transparency, and account for 
modern campaign practices.
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    \2\ Codification of the Commission's Political Programming 
Policies, MM Docket No. 91-168, Report and Order, 7 FCC Rcd 678 
(1991) (1991 Political Programming Order).
    \3\ John Haltiwanger, Americans are Already Exhausted with the 
2020 Election, and it's Just Getting Started. Other Countries Have 
Laws Limiting the Length of Campaigns (Feb. 10, 2020), https://www.businessinsider.com/us-presidential-elections-are-absurdly-long-compared-rest-of-world-2020-2 (explaining that the 2020 U.S. 
Presidential election would last approximately 1,194 days); Karl 
Evers-Hillstrom, Most Expensive Ever: 2020 Election Cost $14.4 
Billion (Feb. 11, 2021), https://www.opensecrets.org/news/2021/02/2020-cycle-cost-14p4-billion-doubling-16/ (2020 campaign spending 
doubled the amount in 2016).
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    We propose two revisions to our political programming and 
recordkeeping rules.\4\ First, consistent with modern campaign 
practices, we propose to revise the definition of ``legally qualified 
candidate for public office'' to add the use of social media and 
creation of a campaign website to the existing list of activities that 
may be considered in determining whether an individual running as a 
write-in candidate has made a ``substantial showing'' of his or her 
bona fide candidacy.\5\ Second, we propose to revise the Commission's 
political file rules to conform with the Bipartisan Campaign Reform Act 
of 2002 (BCRA), which included within the political file requirements 
any request for the purchase of advertising time that ``communicates a 
message relating to any political matter of national importance'' 
(i.e., issue ads) and specify the records that must be maintained.\6\
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    \4\ Information in a station's political file is available to 
the public on the Commission-hosted website at https://publicfiles.fcc.gov/.
    \5\ 47 CFR 73.1940(f), 76.5(q).
    \6\ Public Law 107-155, Sec.  504, 116 Stat. 81 (2002) (codified 
at 47 U.S.C. 315(e)).
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I. Background

    In addition to the First Amendment protections afforded to material 
aired by Commission licensees and regulatees, political programming 
receives additional, special protections. Congress has recognized the 
great importance of political programming in the United States by 
passing laws to ensure that those who run for elective office have 
access to broadcast and other platforms so that they may inform 
citizens of their positions on critical issues of the day.
    Political Programming Obligations. Political programming 
obligations for certain Commission licensees and regulatees are set 
forth in sections 312(a)(7) and 315 of the Communications Act of 1934, 
as amended (Act).\7\ Section 312(a)(7) requires broadcast licensees to 
give legally qualified candidates for federal office ``reasonable 
access'' to their facilities, or to permit them to purchase 
``reasonable amounts of time on behalf of their candidacy. .'' \8\ 
Section 312(a)(7) of the Act also applies to SDARS licensees \9\ and 
DBS service providers,\10\ but it is not applicable to cable system 
operators.\11\ Under section 315(a), if a broadcast licensee permits 
one legally qualified candidate for a public office to use its station, 
it must afford all other candidates for that office an ``equal 
opportunity'' to use the station.\12\ Section 315(b) provides that, 
during certain periods before an election, legally qualified candidates 
are entitled to ``the lowest unit charge of the station for the same 
class and amount of time for the same period.'' \13\ The requirements 
in section 315 also apply to cable system operators,\14\ SDARS 
licensees,\15\ and DBS service providers.\16\ The entitlements embodied 
in sections 312(a)(7) and 315 of the Act are available only to persons 
who have achieved the status of ``legally qualified candidate.'' \17\
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    \7\ 47 U.S.C. 312(a)(7), 315.
    \8\ 47 U.S.C. 312(a)(7). See 47 CFR 73.1944.
    \9\ See Establishment of Rules and Policies for the Digital 
Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, 
IB Docket No. 95-91, Gen. Docket No. 90-357, Report and Order 
Memorandum Opinion and Order and Further Notice of Proposed 
Rulemaking, 12 FCC Rcd 5754, 5792, para. 92 (1997) (extending the 
political programming provisions in sections 312(a)(7) and 315 of 
the Act to SDARS licensees); 47 CFR 25.702(a)-(b).
    \10\ See Implementation of Section 25 of the Cable Television 
Consumer Protection and Competition Act of 1992, Direct Broadcast 
Satellite Public Interest Obligations, MM Docket No. 93-205, Report 
and Order, 13 FCC Rcd 23254 (1998) (DBS Public Interest Obligations 
Report and Order) (establishing rules applying the political 
programming rules in sections 312(a)(7) and 315 of the Act to DBS 
service providers, in accordance with section 335 of the Act), 
recon. denied, Memorandum Opinion and Order on Reconsideration of 
the First Report and Order, 19 FCC Rcd 5854 (2003) (Order on 
ReconsIderation), Order on ReconsIderation vacated and superseded by 
Second Order on Reconsideration of First Report and Order, 19 FCC 
Rcd 5647 (2004) (DBS Public Interest Obligations Sua Sponte 
ReconsIderation); 47 CFR 25.701(b)-(d).
    \11\ See 1991 Political Programming Order, 7 FCC Rcd at 679, 
para. 4.
    \12\ 47 U.S.C. 315(a). See 47 CFR 73.1941, 76.205.
    \13\ 47 U.S.C. 315(b). Pursuant to section 315(b)(1)
    \14\ Section 315(c) of the Act defines the term ``broadcasting 
station'' as including cable television systems and the terms 
``licensee'' and ``station licensee'' as including cable operators. 
47 U.S.C. 315(c) (``For purposes of this section--(1) the term 
`broadcasting station' includes a community antenna television 
system; and (2) the terms `licensee' and `station licensee' when 
used with respect to a community antenna television system mean the 
operator of such system.'').
    \15\ See supra note 8.
    \16\ See supra note 9.
    \17\ While section 312(a)(7) applies only to legally qualified 
candidates for federal office, section 315 applies to all candidates 
for elective office, whether federal, state, or local.
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    The Communications Act does not define the term ``legally qualified 
candidate,'' and therefore the Commission has adopted a definition, as 
reflected in Sec.  73.1940.\18\ Generally, an individual seeking 
election (other than for President or Vice President) must publicly 
announce his or her intention to run for office,\19\ must be qualified 
to hold the office for which he or she is a candidate,\20\ and must 
have qualified for a place on the ballot or have publicly committed 
himself or herself to seeking election by the write-in method.\21\ If 
seeking election by the write-in method, the individual, in addition to 
being eligible under applicable law to be a write-in candidate, must 
make a ``substantial showing'' that he or she is a bona fide candidate 
for the office being sought.\22\ Section 73.1940(f) of the Commission's 
rules specifies the requirements to demonstrate a ``substantial 
showing'' of a bona fide candidacy by providing a nonexclusive list of 
activities commonly associated with political campaigning.
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    \18\ 47 CFR 73.1940. Section 76.5(q) of the Commission's rules 
includes an identical definition of ``legally qualified candidates 
for public office'' used for purposes of the political programming 
rules governing cable systems. Id. Sec.  76.5(q). The definition of 
``legally qualified candidates for public office'' set forth in 
section 73.1940 also applies for purposes of the political 
programming obligations of DBS providers and SDARS licensees. Id. 
Sec. Sec.  25.701(b)(1), 25.702(a).
    \19\ Id. Sec.  73.1940(a)(1).
    \20\ Id. Sec.  73.1940(a)(2).
    \21\ Id. Sec. Sec.  73.1940(a)(3), 73.1940(b)(1), and 
73.1940(b)(2).
    \22\ Id. Sec.  73.1940(b)(2).
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    Political Recordkeeping Obligations. The political recordkeeping 
requirements serve to reinforce the statutory protections for political 
programming. The Commission first adopted rules requiring broadcast 
stations to maintain public inspection files documenting requests for 
political advertising time more than 80 years ago.\23\ It is crucial 
that stations maintain political files that are complete and up to date 
because the information in them directly affects, among other things, 
the statutory rights of opposing candidates to request equal 
opportunities under section 315(a) of the Act and present their 
positions to the public prior to an election.\2324\ Additionally, these 
files enable the public to verify that licensees have complied with 
their obligations relating to use of their facilities by candidates for 
political office and to

[[Page 48944]]

obtain information about entities sponsoring candidate and issue 
advertisements.\25\ The Commission also has applied political file 
rules to cable television system operators,\24\ DBS providers,\25\ and 
SDARS licensees,\26\ finding that the rationale for imposing such 
requirements on broadcasters similarly applies to these entities.
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    \25\ Review of the Commission's Rules Regarding the Main Studio 
and Local Public Inspection Files of Broadcast Television and Radio 
Stations, MM Docket No. 97-138, Report and Order, 13 FCC Rcd 15691, 
15716, para. 54 (1998). In order for the public to verify that 
licensees have complied with their obligations, the public can visit 
a particular station or other entity's political file on the 
Commission-hosted website https://publicfiles.fcc.gov/.
    \24\ Amendment of Part 76 of the Commission's Rules and 
Regulations Relative to Obligations of Cable Television Systems to 
Maintain Public Inspection Files and Permit System Inspections, 
Docket No. 19948, Report and Order, 48 FCC 2d 72, para. 1 (1974); 47 
CFR 76.1701.
    \25\ Section 335 of the Act imposes public interest obligations 
on DBS providers and requires the Commission, at a minimum, to apply 
the access to broadcast time requirement of section 312(a)(7) and 
the use of facilities requirements of section 315 to DBS providers. 
47 U.S.C. 335(a). The Commission adopted rules requiring DBS 
providers to abide by political file obligations similar to those 
requirements placed on terrestrial broadcasters and cable systems in 
order to assist in evaluations of compliance with the political 
programming rules and to enable competing candidates to review other 
candidates' advertising access and rates. DBS Public Interest 
Obligations Report and Order, 13 FCC Rcd at 23271, para. 41; DBS 
Public Interest Obligations Sua Sponte ReconsIderation, 19 FCC Rcd 
at 5561, para. 35; 47 CFR 25.701(d).
    \26\ Expansion of Online Public File Obligations to Cable and 
Satellite TV Operators and Broadcast and Satellite Radio Licensees, 
MB Docket No. 14-217, Report and Order, 31 FCC Rcd 526, 537-38, 
paras. 26-27 (2016) (Expansion of Online Public File Obligations); 
Applications for Consent to the Transfer of Control of Licenses, XM 
Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio 
Inc., Transferee, MB Docket No. 07-57, Memorandum Opinion and Order 
and Report and Order, 23 FCC Rcd 12348, 12415, para. 146 (2008); 47 
CFR 25.702(b).
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    In 2002, Congress enacted the BCRA, which amended section 315 of 
the Act.\27\ The BCRA added new section 315(e) to codify the 
Commission's existing political file obligations by requiring that 
information regarding any request to purchase advertising time that 
``is made on behalf of a legally qualified candidate for public 
office'' be placed in the political file.\28\ In addition, the BCRA 
expanded the political file requirements to include any request to 
purchase political advertising time that ``communicates a message 
relating to any political matter of national importance.'' \29\ 
Specifically, section 315(e)(1) of the Act requires licensees to make 
available for public inspection a complete record of each request for 
the purchase of broadcast time by or on behalf of a legally qualified 
candidate and by or on behalf of any other entity whose ad communicates 
a message relating to any political matter of national importance.
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    \27\ Public Law 107-155, 504, 116 Stat. 81 (2002) (codified at 
47 U.S.C. 315(e)).
    \28\ 47 U.S.C. 315(e)(1).
    \29\ Id.
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    A licensee shall maintain, and make available for public 
inspection, a complete record of a request to purchase broadcast time 
that--
    (A) is made by or on behalf of a legally qualified candidate for 
public office; or
    (B) communicates a message relating to any political matter of 
national importance, including--(i) a legally qualified candidate; \30\
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    \30\ The reference to ``licensee'' in section 315(e)(1) includes 
broadcast licensees and cable system operators, SDARS licensees, and 
DBS service providers engaged in origination programming. See 47 CFR 
76.5(p), 76.1701, 25.701, 25.702.
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    The BCRA, at section 315(e)(2) of the Act,\31\ also specifies the 
kinds of records that must be maintained in political files, and it 
provides, at section 315(e)(3) of the Act, that ``[t]he information 
required by [section 315(e)] shall be placed in a political file as 
soon as possible and shall be retained by the licensee for a period of 
not less than 2 years.'' \32\
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    \31\ 47 U.S.C. 315(e)(2).
    \32\ Id. Section 315(e)(3). See infra para. 15.
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II. Discussion

A. ``Substantial Showing'' for Write-In Candidates

    In order to update our rules to make them consistent with present-
day campaign practices, we propose to amend Sec. Sec.  73.1940(f) and 
76.5(q) of the Commission's rules to add the use of social media and 
creation of a campaign website to the list of activities that a 
broadcast licensee or cable operator may consider in determining 
whether an individual who is running as a write-in candidate has made a 
``substantial showing'' of his or her candidacy.\33\ The proposed 
amendment would recognize both activities as among the practices that 
are now commonly associated with political campaigning.
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    \33\ 47 CFR 73.1940(f), 76.5(q). As we explain above, the 
definition of ``legally qualified candidates for public office'' set 
forth in section 73.1940 also applies for purposes of the political 
programming obligations of DBS providers and SDARS licensees. Id. 
Sec. Sec.  25.701(b)(1), 25.702(a). Thus, the analysis and 
discussion here as well as revisions to the definition in section 
73.1940 would apply to these entities as well.
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    Only those individuals who have achieved the status of ``legally 
qualified candidate'' are entitled to avail themselves of the benefits 
and privileges bestowed by the political programming rules, including 
the reasonable access,\34\ equal opportunities,\35\ and lowest unit 
charge provisions.\36\ If seeking election by the write-in method, an 
individual, in addition to being eligible under applicable law to be a 
write-in candidate, must make a ``substantial showing'' that he or she 
is a bona fide candidate for the office being sought.\37\
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    \34\ 47 U.S.C. 312(a)(7); 47 CFR 73.1944.
    \35\ 47 U.S.C. 315(a); 47 CFR 73.1941, 76.205.
    \36\ 47 U.S.C. 315(b); 47 CFR 73.1942, 76.206.
    \37\ Id. Sections 73.1940(b)(2), 76.5(q)(2).
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    Questions as to whether an individual who is running as a write-in 
candidate has made a ``substantial showing'' ordinarily arise when such 
individual approaches a broadcast station or cable system and makes a 
request to purchase time in furtherance of his or her candidacy or 
seeks to avail himself or herself of equal opportunities.\38\ Sections 
73.1940(f) and 76.5(q) define what it means to make a ``substantial 
showing'' by listing various activities that are commonly associated 
with political campaigning, including ``making campaign speeches, 
distributing campaign literature, issuing press releases, [and] 
maintaining a campaign headquarters.'' \39\
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    \38\ 47 U.S.C. 315(a).
    \39\ 47 CFR 73.1940(f), 76.5(q)(5). The Media Bureau has long 
required that an individual claiming to be a ``legally qualified 
candidate'' by the write-in method bears the burden of demonstrating 
that he or she has made a ``substantial showing'' of a bona fide 
candidacy. See, e.g., Complaint of Michael Stephen Levinson, 87 FCC 
2d 433, 435 (Broadcast Bur. 1980) (``The burden is on [the potential 
candidates] to establish to the stations from which [they] seek 
broadcast time under Section 312 that [they] have `engaged to a 
substantial degree in activities commonly associated with political 
campaigning.' ''). Further, the Media Bureau has held that a 
broadcaster's or cable operator's determination as to whether a 
potential write-in candidate has satisfied the ``substantial 
showing'' requirement is entitled to deference, provided the 
determination is reasonable and made in good faith. See Complaint by 
Michael Levinson Against Station WXXI-TV, Rochester, New York, 1 FCC 
Rcd 1305 (MMB 1986) (Michael Levinson) (``This agency will review 
the licensee's decision only to determine if it was unreasonable or 
made in bad faith.''); Complaint of Douglas S. Kraegar Against Radio 
Station WTLB Utica, New York, 87 FCC 2d 751, 753 (Broadcast Bur. 
1980) (``A licensee has the discretion to make a good faith judgment 
as to the bona fide qualifications of a write-in candidate.''). Cf., 
CBS, Inc. v. FCC, 453 U.S. 367, 387 (1981) (``If broadcasters take 
the appropriate factors into account and act reasonably and in good 
faith, their decisions will be entitled to deference even if the 
Commission's analysis would have differed in the first instance.'').
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    At the time our current rules were drafted, social media and 
campaign websites did not exist. Media coverage of recent campaigns on 
the national, state, and local levels indicates that the use of social 
media has become an activity that bona fide candidates routinely use to 
solicit support, financial contributions, and votes.\40\

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Recent articles reveal that bona fide political campaigns use major 
social media platforms to advertise, connect with supporters, and 
fundraise \41\ and that such engagement in social media use, for 
example, by creating a Twitter or Facebook account, typically increases 
donations for new politicians.\42\ For instance, reports of the most 
recent election reflect that candidates garnered support by posting 
photographs and hosting chats on Instagram.\43\ In addition, social 
media platforms enable political campaigns to build support by 
disseminating campaign updates \44\ and targeting advertisements to 
potential voters,\45\ and they provide sophisticated tools to regularly 
measure user engagement.\46\
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    \40\ See, e.g., Lata Nott, Political Advertising on Social Media 
Platforms (June 26, 2020), https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/voting-in-2020/political-advertising-on-social-media-platforms/; Daniel Kreiss, Regina G. 
Lawrence, and Shannon C. McGregor, In Their Own Words: Political 
Practitioner Accounts of CandIdates, Audiences, Affordances, Genres, 
and Timing in Strategic Social Media Use, 35 Pol. Commc'n 26, 12-13 
(2018) (finding that each social media platform, with different 
audiences and capabilities, provides ``a primary way for candidates 
to introduce themselves to vastly dispersed constituencies and build 
their support among potential volunteers, donors, and voters'').
    \41\ See, e.g., Maria Petrova, Ananya Sen, and Pinar Yildirim, 
Social Media and Political Contributions: The Impact of New 
Technology on Political Competition, Management Science, 7-8 (2020) 
(Petrova, Social Media and Political Contributions); Daniel Kreiss 
and Shannon C. McGregor, Technology Firms Shape Political 
Communication: The Work of Microsoft, Facebook, Twitter, and Google 
with Campaigns During the 2016 U.S. PresIdential Cycle, 35 Pol. 
Commc'n, 158-59 (2018).
    \42\ Petrova, Social Media and Political Contributions, at 28.
    \43\ University of Pennsylvania Knowledge @Wharton, How Social 
Media Is Shaping Political Campaigns (Aug. 17, 2020), https://knowledge.wharton.upenn.edu/article/how-social-media-is-shaping-political-campaigns/.
    \44\ See Petrova, Social Media and Political Contributions, at 
5, 26-27 (``[M]ore frequent and more informative tweets (e.g., 
including links to websites, responding to news fast, or more anti-
establishment Tweets) are associated with receiving higher 
contributions after adopting Twitter.'').
    \45\ See, e.g., Google Transparency Report Help Center, 
Political Advertising on Google FAQs, https://support.google.com/transparencyreport/answer/9575640#zippy=%2Cwhat-targeting-criteria-can-be-used-for-election-ads (last visited May 25, 2021); Snapchat 
Business Help Center, Audience Insights, https://businesshelp.snapchat.com/s/article/audience-insights?language=en_US&_ga=2.101326145.1539846222.1621879796-1506173507.1621879796 (last visited May 25, 2021).
    \46\ See, e.g., Facebook Business Help Center, About Breakdowns, 
Metrics, and Filtering in Ads Reporting, https://www.facebook.com/business/help/264160060861852 (last visited May 25, 2021) (Ads 
Reporting allows advertisers to analyze demographic metrics 
including country, region, and designated market region); Google Ads 
Help, About Measuring Geographic Performance, https://support.google.com/google-ads/answer/2453994?hl=en (last visited May 
25, 2021) (Report Editor generates reports, which can show 
performance of ads targeted by location).
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    In order that our rules reflect ordinary campaign practices, we 
propose to add the use of social media for the purpose of promoting or 
furthering a campaign for public office to the list of recognized 
campaign activities in Sec. Sec.  73.1940(f) and 76.5(q). We seek 
comment on this proposal and the types of campaign-related activities 
for which social media could be used in demonstrating a substantial 
showing of a bona fide candidacy. For instance, a candidate might use 
social media to raise funds, solicit votes, share policy positions, and 
engage in digital dialogues with voters. We note that we are not 
proposing that social media presence alone would be sufficient to 
support a status of ``legally qualified candidate'' but that it would 
be an additional indicator of activities commonly associated with 
political campaigning needed to make substantial showing of a bona fide 
candidacy.
    We also propose to add creation of a campaign website to the list 
of recognized campaign activities in Sec. Sec.  73.1940(f) and 76.5(q). 
Recent articles indicate that campaign websites, like social media 
platforms, are used by candidates to connect to a wide audience of 
potential voters instantaneously and facilitate direct communication 
and fundraising.\47\ Accordingly, we tentatively conclude that adding 
the creation of a campaign website to the list of recognized activities 
is justified for the same reasons provided in support of including use 
of social media. We again note that a website alone would not be 
sufficient to support a status of ``legally qualified candidate'' but 
that it would be an additional indicator of activities commonly 
associated with political campaigning needed to make substantial 
showing of a bona fide candidacy. We seek comment on this conclusion 
and the proposal.
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    \47\ See, e.g., Dick Morris, Direct Democracy and the internet, 
34 Loy. L.A. L. Rev. 1033 (2000); Diana Owen, New Media and 
Political Campaigns, The Oxford Handbook of Pol. Commc'n (2014). 
(since 2008, campaigns have used websites to incorporate interactive 
applications and link to their social media accounts); Elisa 
Shearer, Pew Research Center, CandIdates' Social Media Outpaces 
Their websites and Emails As An Online Campaign News Sources (2016), 
https://www.pewresearch.org/fact-tank/2016/07/20/candidates-social-media-outpaces-their-websites-and-emails-as-an-online-campaign-news-source/ (while candidates' social media posts outpace campaign 
websites as a source of online campaign news, campaign websites are 
also an important source of online campaign information).
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    Finally, we seek comment on whether other activities consistent 
with modern campaign practices, such as the use of digital marketing 
and advertising, should be added to the list of recognized campaign 
activities in Sec. Sec.  73.1940(f) and 76.5(q). If additional 
activities are included, should the substantial showing analysis 
involve any limiting factors, such as requiring that the marketing and 
advertising be directed toward persons in areas where votes are being 
solicited?

B. Implementation of the BCRA and Section 315 of the Act

    We propose to revise the political file rules for broadcast 
licensees, cable operators, DBS providers, and SDARS licensees to bring 
them into conformity with the BCRA and section 315(e) of the Act.\48\ 
As discussed above, in 2002, Congress enacted the BCRA, which, among 
other things, adopted new section 315(e) of the Act.\49\ While the 
Commission has advised relevant parties consistent with the 
recordkeeping requirements embodied in section 315(e), the rules were 
not updated. Therefore, the changes that we are proposing today would 
conform our rules to the statutory requirements. Specifically, section 
315(e)(1) codifies the requirement that information regarding any 
request to purchase advertising time that ``is made on behalf of a 
legally qualified candidate for public office,'' also known as 
candidate ads, be placed in the political file. It also specifies that 
the political recordkeeping obligations include any request for the 
purchase of advertising time that ``communicates a message relating to 
any political matter of national importance,'' also known as issue 
ads.\50\ Section 315(e)(2) identifies the specific records that must be 
placed in political files for both candidate ads and issue ads that 
communicate a message relating to a political matter of national 
importance.\51\ These records include whether the request to purchase 
broadcast time has been accepted or rejected, information about the 
advertisement(s), and information about the advertiser. The 
Commission's political file rules for broadcast licensees, cable 
television system operators, DBS providers, and SDARS licensees 
currently require these entities to maintain for public inspection only 
those records that relate to requests for time by or on behalf of 
candidates for public office.\54\ These rules make no mention of the 
obligation specified in section 315(e)(1)(B) of the Act to also 
maintain records of requests for time about issue ads that communicate 
a

[[Page 48946]]

message relating to any political matter of national importance. Our 
rules therefore do not fully reflect all of the statutory requirements. 
We propose to revise the political file rules for these entities to 
conform with the language in sections 315(e)(1) and (e)(2) of the Act. 
Specifically, we propose to revise these rules to require these 
entities to maintain in their online political inspection files not 
only records of each request for advertising time that is made by or on 
behalf of a legally qualified candidate for public office, but also for 
each request for advertising time that ``communicates a message 
relating to any political matter of national importance.'' \52\ In 
addition, we propose to revise our rules to list the specific records 
that must be maintained in online political files for both candidate 
ads and issue ads, consistent with list enumerated in section 
315(e)(2). These proposed revisions would implement Congress's 
directive in the BCRA and ensure our political recordkeeping rules 
reflect statutory requirements. We seek comment on this proposal.\53\
---------------------------------------------------------------------------

    \48\ 47 U.S.C. 315(e); 47 CFR 25.701(d), 25.702(b), 73.1943, 
76.1701.
    \49\ Public Law 107-155, Sec.  504, 116 Stat. 81 (2002) 
(codified at 47 U.S.C. 315(e)).
    \50\ 47 U.S.C. 315(e)(1)(a) through (b).
    \51\ 47 U.S.C. 315(e)(2).
    \54\ 47 CFR 25.701(d), 25.702(b), 73.1943, 76.1701.
    \52\ 47 U.S.C. 315(e)(1)(B).
    \53\ We note that section 315(e)(3) of the Act provides that 
``[t]he information required by [section 315(e)] shall be placed in 
a political file as soon as possible and shall be retained by the 
licensee for a period of not less than 2 years.'' 47 U.S.C. 
315(e)(3). Our existing political file rules already include this 
requirement. 47 CFR 25.701(d)(2), 25.702(b)(2), 73.1943(c), 
76.1701(c). Therefore, we need not propose changes to these rules to 
implement section 315(e)(3).
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C. Cost-Benefit Analysis

    Finally, we seek comment on the benefits and costs associated with 
adopting the proposed changes. In addition to any benefits to the 
public at large, are there also benefits to industry through 
clarification of the obligations on licensees and regulatees? We also 
seek comment on any potential costs that would be imposed on licensees 
and regulatees if we adopt the proposals contained in this NPRM. In 
this regard, we note that the proposed changes would largely conform 
our rules to the requirements of the statute. Comments should be 
accompanied by specific data and analysis supporting claimed costs and 
benefits.

III. Procedural Matters

    Ex Parte Rules--Permit-But-Disclose. The proceeding this Notice 
initiates shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules.\54\ Persons making ex 
parte presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda, or other filings in the proceeding, the presenter may 
provide citations to such data or arguments in his or her prior 
comments, memoranda, or other filings (specifying the relevant page 
and/or paragraph numbers where such data or arguments can be found) in 
lieu of summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.
---------------------------------------------------------------------------

    \54\ 47 CFR 1.1200 et seq.
---------------------------------------------------------------------------

    Initial Regulatory Flexibility Act Analysis. The Regulatory 
Flexibility Act of 1980, as amended (RFA), requires that a regulatory 
flexibility analysis be prepared for notice and comment rulemaking 
proceedings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' \55\ 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.\56\ 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).\57\
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    \55\ 5 U.S.C. 603.
    \56\ Id. Section 601(3) (adopting by reference the definition of 
``small business concern'' in 15 U.S.C. 632). Pursuant to the RFA, 
the statutory definition of a small business applies ``unless an 
agency, after consultation with the Office of Advocacy of the Small 
Business Administration and after opportunity for public comment, 
establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \57\ 15 U.S.C. 632.
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    With respect to this Notice of Proposed Rulemaking, an Initial 
Regulatory Flexibility Analysis (IRFA) under the RFA is contained in 
Appendix B. Written public comments are requested on the IFRA and must 
be filed in accordance with the same filing deadlines as comments on 
this Notice of Proposed Rulemaking, with a distinct heading designating 
them as responses to the IRFA. In addition, a copy of this Notice of 
Proposed Rulemaking and the IRFA will be sent to the Chief Counsel for 
Advocacy of the SBA and will be published in the Federal Register.
    Paperwork Reduction Act. This document proposes new or modified 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens and pursuant to the 
Paperwork Reduction Act of 1995, Public Law 104-13, invites the general 
public and the Office of Management and Budget (OMB) to comment on 
these information collection requirements. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.

Initial Regulatory Flexibility Act Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA),\58\ the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities of the policies and rules proposed in this NPRM. The 
Commission requests written public comments on this IRFA. Comments must 
be identified as responses to the IRFA and must be filed by the 
deadlines for comments specified in the NPRM. The Commission will send 
a copy of the NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small

[[Page 48947]]

Business Administration (SBA).\59\ In addition, the NPRM and IRFA (or 
summaries thereof) will be published in the Federal Register.\60\
---------------------------------------------------------------------------

    \58\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612, has been amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996). The 
SBREFA was enacted as Title II of the Contract with America 
Advancement Act of 1996 (CWAAA).
    \59\ 5 U.S.C. 603(a).
    \60\ Id.
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Need for, and Objectives of, the Proposed Rules

    While the agency has strived to update its guidance to reflect 
changes in law and campaign practices, it has not undertaken a formal 
review to update the political programming and recordkeeping rules 
since 1991.\61\ Given the substantial growth of political media 
messaging in recent years,\62\ the updates proposed in this item are 
intended to conform our rules with statutory amendments, reflect 
existing practices and guidance,\63\ and account for modern campaign 
practices.
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    \61\ Codification of the Commission's Political Programming 
Policies, MM Docket No. 91-168, Report and Order, 7 FCC Rcd 678 
(1991) (1991 Political Programming Order).
    \62\ John Haltiwanger, Americans are Already Exhausted with the 
2020 Election, and it's Just Getting Started. Other Countries Have 
Laws Limited the Length of Campaigns (Feb. 10, 2020), https://www.businessinsider.com/us-presidential-elections-are-absurdly-long-compared-rest-of-world-2020-2 (explaining that the 2020 U.S. 
Presidential election would last approximately 1,194 days); Karl 
Evers-Hillstrom, Most Expensive Ever: 2020 Election Cost $14.4 
Billion (Feb. 11, 2021), https://www.opensecrets.org/news/2021/02/2020-cycle-cost-14p4-billion-doubling-16/ (2020 campaign spending 
doubled the amount in 2016).
    \63\ The Commission has a longstanding practice of providing 
informal guidance to broadcasters and other regulatees regarding 
their political programming and related recordkeeping obligations 
and working with industry representatives to foster compliance.
---------------------------------------------------------------------------

    Sections 312(a)(7) and 315 of the Communications Act of 1934, as 
amended (Act), set forth the political programming obligations of 
broadcast licensees and other Commission regulatees.\64\ Section 
312(a)(7) requires broadcast licensees to give legally qualified 
candidates for federal office ``reasonable access'' to their 
facilities, or to permit them to purchase ``reasonable amounts of 
time.'' \65\ Under section 315(a), if a broadcast licensee, cable 
operator, or other regulatee permits one legally qualified candidate 
for a public office to use its station, it must afford all other 
candidates for that office an ``equal opportunity'' to use the 
station.\66\ Section 315(b) provides that, during certain periods 
before an election, legally qualified candidates are entitled to ``the 
lowest unit charge of the station or cable system for the same class 
and amount of time for the same period.'' \67\ The entitlements 
embodied in sections 312(a)(7) and 315 of the Act are available only to 
persons who have achieved the status of ``legally qualified 
candidate.'' \68\
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    \64\ 47 U.S.C. 312(a)(7), 315. The Commission has concluded that 
section 312(a)(7) does not apply to cable operators. 1991 Political 
Programming Order, 7 FCC Rcd at 679, para. 4. Section 315(c) of the 
Act defines the term ``broadcasting station'' as including cable 
television systems and the terms ``licensee'' and ``station 
licensee'' as including cable operators. 47 U.S.C. 315(c) (``For 
purposes of this section--(1) the term `broadcasting station' 
includes a community antenna television system; and (2) the terms 
`licensee' and `station licensee' when used with respect to a 
community antenna television system mean the operator of such 
system.''). Thus, the requirements of section 315 apply to cable 
operators as well as broadcast licensees. In 1997, the Commission 
extended the political programming provisions in sections 312(a)(7) 
and 315 of the Act to SDARS licensees. Establishment of Rules and 
Policies for the Digital Audio Radio Satellite Service in the 2310-
2360 MHz Frequency Band, IB Docket No. 95-91, Gen. Docket No. 90-
357, Report and Order Memorandum Opinion and Order and Further 
Notice of Proposed Rulemaking, 12 FCC Rcd 5754, 5792, para. 92 
(1997); 47 CFR 25.702(a)-(b). In 1998, in accordance with section 
335 of the Act, 47 U.S.C. 335, the Commission established rules 
applying the political programming rules in sections 312(a)(7) and 
315 of the Act to DBS service providers. Implementation of Section 
25 of the Cable Television Consumer Protection and Competition Act 
of 1992, Direct Broadcast Satellite Public Interest Obligations, MM 
Docket No. 93-205, Report and Order, 13 FCC Rcd 23254 (1998) (DBS 
Public Interest Obligations Report and Order), recon. denied, 
Memorandum Opinion and Order on Reconsideration of the First Report 
and Order, 19 FCC Rcd 5854 (2003) (Order on ReconsIderation), Order 
on ReconsIderation vacated and superseded by Second Order on 
Reconsideration of First Report and Order, 19 FCC Rcd 5647 (2004) 
(DBS Public Interest Obligations Sua Sponte ReconsIderation); 47 CFR 
25.701(b)-(d).
    \65\ 47 U.S.C. 312(a)(7). See 47 CFR 73.1944.
    \66\ 47 U.S.C. 315(a). See 47 CFR 73.1941, 76.205.
    \67\ 47 U.S.C. 315(b). See 47 CFR 73.1942, 76.206.
    \68\ While section 312(a)(7) applies only to legally qualified 
candidates for federal office, section 315 applies to all candidates 
for elective office, whether federal, state, or local.
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    Section 73.1940 of the Commission's rules defines who is a 
``legally qualified candidate for public office.'' \69\ Generally, an 
individual seeking election (other than for President or Vice 
President) must publicly announce his or her intention to run for 
office,\70\ must be qualified to hold the office for which he or she is 
a candidate,\71\ and must have qualified for a place on the ballot or 
have publicly committed himself or herself to seeking election by the 
write-in method.\72\ If seeking election by the write-in method, the 
individual, in addition to being eligible under applicable law to be a 
write-in candidate, must make a ``substantial showing'' that he or she 
is a bona fide candidate for the office being sought.\73\ Section 
73.1940(f) of the Commission's rules specifies the requirements to 
demonstrate a ``substantial showing'' of a bona fide candidacy by 
providing a nonexclusive list of activities commonly associated with 
political campaigning.
---------------------------------------------------------------------------

    \69\ 47 CFR 73.1940. Section 76.5(q) of the Commission's rules 
includes an identical definition of ``legally qualified candidates 
for public office'' used for purposes of the political programming 
rules governing cable systems. Id. Sec.  76.5(q). The definition of 
``legally qualified candidates for public office'' set forth in 
section 73.1940 also applies for purposes of the political 
programming obligations of DBS providers and SDARS licensees. Id. 
Sec. Sec.  25.701(b)(1), 25.702(a).
    \70\ Id. Sec.  73.1940(a)(1).
    \71\ Id. Sec.  73.1940(a)(2).
    \72\ Id. Sec. Sec.  73.1940(a)(3), 73.1940(b)(1), and 
73.1940(b)(2).
    \73\ Id. Sec.  73.1940(b)(2).
---------------------------------------------------------------------------

    The political recordkeeping requirements serve to reinforce the 
statutory protections for political programming. The Commission first 
adopted rules requiring broadcast stations to maintain public 
inspection files documenting requests for political advertising time 
more than 80 years ago.\77\ It is crucial that stations maintain 
political files that are complete and up to date because the 
information in them directly affects, among other things, the statutory 
rights of opposing candidates to request equal opportunities under 
section 315(a) of the Act and present their positions to the public 
prior to an election.\74\ Additionally, these files enable the public 
to verify that licensees have complied with their obligations relating 
to use of their facilities by candidates for political office and to 
obtain information about entities sponsoring candidate and issue 
advertisements.\75\ The Commission also has applied political file 
rules to cable television system operators,\76\ DBS

[[Page 48948]]

providers,\77\ and SDARS licensees,\78\ finding that the rationale for 
imposing such requirements on broadcasters similarly applies to these 
entities.
---------------------------------------------------------------------------

    \77\ See 3 FR 1691 (1938).
    \74\ Pursuant to section 73.1941(c) of the Rules, candidates 
have one week from an opponent's initial ``use'' to request equal 
opportunities. 47 CFR 73.1941(c). The failure by a station to 
promptly upload information about each ``use'' denies requesting 
candidates the notice they need to assert their statutory rights to 
equal opportunities in a timely manner. Standardized and Enhanced 
Disclosure Requirements for Television Broadcast Licensee Public 
Interest Obligations, MM Docket Nos. 00-168 and 00-44, Second Report 
and Order, 27 FCC Rcd 4535, 4562, para. 55 (2012).
    \75\ Review of the Commission's Rules Regarding the Main Studio 
and Local Public Inspection Files of Broadcast Television and Radio 
Stations, MM Docket No. 97-138, Report and Order, 13 FCC Rcd 15691, 
15716, para. 54 (1998).
    \76\ Amendment of Part 76 of the Commission's Rules and 
Regulations Relative to Obligations of Cable Television Systems to 
Maintain Public Inspection Files and Permit System Inspections, 
Docket No. 19948, Report and Order, 48 FCC 2d 72, para. 1 (1974); 47 
CFR 76.1701.
    \77\ Section 335 of the Act imposes public interest obligations 
on DBS providers and requires the Commission, at a minimum, to apply 
the access to broadcast time requirement of section 312(a)(7) and 
the use of facilities requirements of section 315 to DBS providers. 
47 U.S.C. 335(a). The Commission adopted rules requiring DBS 
providers to abide by political file obligations similar to those 
requirements placed on terrestrial broadcasters and cable systems in 
order to assist in evaluations of compliance with the political 
programming rules and to enable competing candidates to review other 
candidates' advertising access and rates. DBS Public Interest 
Obligations Report and Order, 13 FCC Rcd at 23271, para. 41; DBS 
Public Interest Obligations Sua Sponte ReconsIderation, 19 FCC Rcd 
at 5561, para. 35; 47 CFR 25.701(d).
    \78\ Expansion of Online Public File Obligations to Cable and 
Satellite TV Operators and Broadcast and Satellite Radio Licensees, 
MB Docket No. 14.217, Report and Order, 31 FCC Rcd 526, 537-38, 
paras. 26-27 (2016); Applications for Consent to the Transfer of 
Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, 
to Sirius Satellite Radio Inc., Transferee, MB Docket No. 07-57, 
Memorandum Opinion and Order and Report and Order, 23 FCC Rcd 12348, 
12415, para. 146 (2008); 47 CFR 25.702(b).
---------------------------------------------------------------------------

    In 2002, Congress enacted the Bipartisan Campaign Reform Act 
(BCRA), which amended section 315 of the Act.\79\ The BCRA added new 
section 315(e) to codify the Commission's existing political file 
obligations by requiring that information regarding any request to 
purchase advertising time that ``is made on behalf of a legally 
qualified candidate for public office'' be placed in the political 
file.\80\ In addition, the BCRA expanded the political file 
requirements to include any request to purchase political advertising 
time that ``communicates a message relating to any political matter of 
national importance.'' \81\ Specifically, section 315(e)(1) of the Act 
requires licensees to make available for public inspection a complete 
record of each request for the purchase of broadcast time by or on 
behalf of a legally qualified candidate and by or on behalf of any 
other entity whose ad communicates a message relating to any political 
matter of national importance.\82\
---------------------------------------------------------------------------

    \79\ Public Law 107-155, 504, 116 Stat. 81 (2002) (codified at 
47 U.S.C. 315(e)).
    \80\ 47 U.S.C. 315(e)(1).
    \81\ Id.
    \82\ Id. Section 315(e)(1).

    The BCRA also specified the records that must be maintained in 
political files. Specifically, section 315(e)(2) requires licensees 
to place in their political files information that includes whether 
the request to purchase broadcast time has been accepted or 
rejected, information about the advertisement(s), and information 
---------------------------------------------------------------------------
about the advertiser.

    Section 315(e)(3) of the Act provides that ``[t]he information 
required by [section 315(e)] shall be placed in a political file as 
soon as possible and shall be retained by the licensee for a period of 
not less than 2 years.'' \87\
---------------------------------------------------------------------------

    \87\ Id. Section 315(e)(3).
---------------------------------------------------------------------------

    The NPRM proposes to revise the definition of ``legally qualified 
candidate for public office'' to add the use of social media and 
creation of a campaign website to the existing list of activities that 
may be considered in determining whether an individual running as a 
write-in candidate has made a ``substantial showing'' of his or her 
bona fide candidacy.\83\ The NPRM also proposes to revise the 
Commission's political file rules to conform with BCRA's amendment to 
Section 315(e) of the Act, which included within the political file 
requirements any request for the purchase of advertising time that 
``communicates a message relating to any political matter of national 
importance'' (i.e., issue ads) and specify the records that must be 
maintained.\84\ Additionally, the proposed revisions would specify the 
records that must be maintained in political files.
---------------------------------------------------------------------------

    \88\ Id. Section 315(e)(3).
    \84\ Public Law 107-155, section 504, 116 Stat. 81 (2002) 
(codified at 47 U.S.C. 315(e)).
---------------------------------------------------------------------------

Legal Basis

    The proposed action is authorized under sections 151, 154(i), 
154(j), 303(r), 307, 312, 315,335, and 403 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303(r), 307, 312, 315, 
335, and 403.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rule revisions, if adopted.\85\ The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \86\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act (SBA).\87\ 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.\88\ Below, we provide a description of such 
small entities, as well as an estimate of the number of such small 
entities, where feasible.
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    \85\ 5 U.S.C. 603(b)(3).
    \86\ 5 U.S.C. 601(6); see infra note 38 (explaining the 
definition of ``small business'' under 5 U.S.C. 601(3)); see 5 
U.S.C. 601(4) (defining ``small organization'' as ``any not-for-
profit enterprise which is independently owned and operated and is 
not dominant in its field, unless an agency establishes, after 
opportunity for public comment, one or more definitions of such term 
which are appropriate to the activities of the agency and publishes 
such definition(s) in the Federal Register''); 5 U.S.C. 601(5) 
(defining ``small governmental jurisdiction'' as ``governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than fifty thousand, 
unless an agency establishes, after opportunity for public comment, 
one or more definitions of such term which are appropriate to the 
activities of the agency and which are based on such factors as 
location in rural or sparsely populated areas or limited revenues 
due to the population of such jurisdiction, and publishes such 
definition(s) in the Federal Register'').
    \87\ 5 U.S.C. 601(3) (adopting by reference the definition of 
``small business concern'' in 15 U.S.C. 632(a)(1)). Pursuant to 5 
U.S.C. 601(3), the statutory definition of a small business applies 
``unless an agency, after consultation with the Office of Advocacy 
of the Small Business Administration and after opportunity for 
public comment, establishes one or more definitions of such term 
which are appropriate to the activities of the agency and publishes 
such definition(s) in the Federal Register.'' Id.
    \88\ 15 U.S.C. 632(a)(1)-(2)(A).
---------------------------------------------------------------------------

    Television Broadcasting. This U.S. Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound.'' \89\ These establishments operate television 
broadcast studios and facilities for the programming and transmission 
of programs to the public.\90\ These establishments also produce or 
transmit visual programming to affiliated broadcast television 
stations, which in turn broadcast the programs to the public on a 
predetermined schedule. Programming may originate in their own studio, 
from an affiliated network, or from external sources. The SBA has 
created the following small business size standard for such businesses: 
Those having $41.5 million or less in annual receipts.\91\ According to 
the 2012 Economic Census (when the SBA's size standard was set at $38.5 
million or less in annual receipts), 751 firms in the small business 
size category operated in that year. Of that number, 656 had annual 
receipts of $25 million or less, 25 had annual receipts between $25 
million and $49,999,999 and 70 had annual receipts of $50 million or 
more.\92\ Based on this data, we estimate that the

[[Page 48949]]

majority of commercial television broadcast stations are small entities 
under the applicable size standard.
---------------------------------------------------------------------------

    \89\ U.S. Census Bureau, 2017 NAICS Definitions, ``515120 
Television Broadcasting,'' http://www.census.gov./cgi-bin/sssd/
naics/naicsrch.
    \90\ Id.
    \91\ 13 CFR 121.201; 2012 NAICS code 515120.
    \92\ U.S. Census Bureau, Table No. EC1251SSSZ4, Information: 
Subject Series--Establishment and Firm Size: Receipts Size of Firms 
for the United States: 2012 (515120 Television Broadcasting). 
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51SSSZ4&prodType=table.
---------------------------------------------------------------------------

    Additionally, the Commission has estimated the number of licensed 
commercial television stations to be 1,374.\93\ Of this total, 1,263 
stations (or 92%) had revenues of $41.5 million or less in 2019, 
according to Commission staff review of the BIA Kelsey Inc. Media 
Access Pro Television Database (BIA) on July 30, 2020, and therefore 
these stations qualify as small entities under the SBA definition. In 
addition, the Commission estimates the number of noncommercial 
educational television stations to be 384.\94\ The Commission does not 
compile and does not have access to information on the revenue of NCE 
stations that would permit it to determine how many such stations would 
qualify as small entities. There are also 386 Class A stations.\95\ 
Given the nature of this service, the Commission presumes that all of 
these stations qualify as small entities under the applicable SBA size 
standard.
---------------------------------------------------------------------------

    \93\ Broadcast Station Totals as of March 31, 2021, News Release 
(MB Apr. 5, 2021) (Mar. 31, 2021 Broadcast Station Totals), https://www.fcc.gov/document/broadcast-station-totals-march-31-2021.
    \94\ Id.
    \95\ Id.
---------------------------------------------------------------------------

    Radio Broadcasting. This U.S. Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' \96\ Programming may originate in the 
establishment's own studio, from an affiliated network, or from 
external sources. The SBA has created the following small business size 
standard for such businesses: Those having $41.5 million or less in 
annual receipts.\97\ According to Economic Census data for 2012 (when 
the SBA's size standard was set at $38.5 million or less in annual 
receipts), 2,849 firms in this category operated in that year.\98\ Of 
that number, 2,806 operated with annual receipts of less than $25 
million per year, 17 with annual receipts between $25 million and 
$49,999,999 million and 26 with annual receipts of $50 million or 
more.\99\ Based on this data, we estimate that the majority of 
commercial radio broadcast stations were small under the applicable SBA 
size standard.
---------------------------------------------------------------------------

    \96\ U.S. Census Bureau, 2017 NAICS Definitions, ``515112 Radio 
Stations,'' http://www.census.gov./cgi-bin/sssd/naics/naicsrch.
    \97\ 13 CFR 121.201; 2017 NAICS code 515112.
    \98\ U.S. Census Bureau, U.S. Census Bureau, Table No. 
EC1251SSSZ4, Information: Subject Series--Establishment and Firm 
Size: Receipts Size of Firms for the United States: 2012 (515112 
Radio Stations) https://factfinder.census.gov/bkmk/table/1.0/en/ECN/
2012_US/51SSSZ4//naics~515112[verbar].
    \99\ Id.
---------------------------------------------------------------------------

    The Commission has estimated the number of licensed commercial AM 
radio stations to be 4,546 and the number of commercial FM radio 
stations to be 6,682 for a total of 11,228 commercial stations.\100\ Of 
this total, 11,266 stations (or 99%) had revenues of $41.5 million or 
less in 2019, according to Commission staff review of the BIA Kelsey 
Inc. Media Access Pro Television Database (BIA) on July 30, 2020, and 
therefore these stations qualify as small entities under the SBA 
definition. In addition, there were 4,213 noncommercial, educational 
(NCE) FM stations. The Commission does not compile and does not have 
access to information on the revenue of NCE stations that would permit 
it to determine how many such stations would qualify as small entities.
---------------------------------------------------------------------------

    \100\ Mar. 31, 2021 Broadcast Station Totals.
---------------------------------------------------------------------------

    We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations \101\ must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. We are unable at 
this time to define or quantify the criteria that would establish 
whether a specific television broadcast station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which the rules may apply does not exclude any radio or television 
station from the definition of a small business on this basis and is 
therefore possibly over-inclusive. An additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. Because it is difficult to assess 
these criteria in the context of media entities, the estimate of small 
businesses to which the rules may apply does not exclude any radio or 
television station from the definition of a small business on this 
basis and similarly may be over-inclusive.
---------------------------------------------------------------------------

    \101\ ``[Business concerns] are affiliates of each other when 
one concern controls or has the power to control the other or a 
third party or parties controls or has the power to control both.'' 
13 CFR 21.103(a)(1).
---------------------------------------------------------------------------

    Cable Companies and Systems (Rate Regulation Standard) The 
Commission has also developed its own small business size standards for 
the purpose of cable rate regulation. Under the Commission's rules, a 
``small cable company'' is one serving 400,000 or fewer subscribers 
nationwide.\102\ Industry data indicates that, of the 777 cable 
companies currently operating in the United States, 766 serve 400,000 
or fewer subscribers.\103\ Additionally, under the Commission's rules, 
a ``small system'' is a cable system serving 15,000 or fewer 
subscribers.\104\ According to industry data, there are currently 4,336 
active cable systems in the United States.\105\ Of this total, 3,650 
cable systems have fewer than 15,000 subscribers.\106\ Thus, the 
Commission believes that the vast majority of cable companies and cable 
systems are small entities.
---------------------------------------------------------------------------

    \102\ 47 CFR 76.901(d). The Commission determined that this size 
standard equates approximately to a size standard of $100 million or 
less in annual revenues. Implementation of Sections of the Cable 
Television Consumer Protection and Competition Act of 1992: Rate 
Regulation, MM Docket Nos. 93-215 and 92-266, Sixth Report and Order 
and Eleventh Order on Reconsideration, 10 FCC Rcd 7393, 7408, para. 
28 (1995).
    \103\ See S&P Global Market Intelligence, MediaCensus, Operator 
Subscribers by Geography: National Report, Subscribers by Operator, 
https://platform.mi.spglobal.com/web/client?auth=inherit#industry/mediaCensusHome (last visited Jul. 28, 2020).
    \104\ 47 CFR 76.901(c).
    \105\ See S&P Global Market Intelligence, MediaCensus, Operator 
Subscribers by Geography: Headend by Headend Report, Subscribers by 
Headend, https://platform.mi.spglobal.com/web/client?auth=inherit#industry/mediaCensusHome (last visited Jul. 28, 
2020).
    \106\ Id.
---------------------------------------------------------------------------

    Cable System Operators (Telecom Act Standard). The Communications 
Act of 1934, as amended, also contains a size standard for small cable 
system operators, which is ``a cable operator that, directly or through 
an affiliate, serves in the aggregate fewer than one percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' \107\ As of 2019, there were approximately 48,646,056 
basic cable video subscribers in the United States.\108\ Accordingly, 
an operator serving fewer than 486,460 subscribers shall be deemed a 
small operator if its annual revenues, when combined with the total 
annual revenues of all its affiliates, do not exceed $250 million in 
the aggregate.\109\ Based on available data, we find that all but five 
cable operators are small entities under this

[[Page 48950]]

size standard.\110\ We note that the Commission neither requests nor 
collects information on whether cable system operators are affiliated 
with entities whose gross annual revenues exceed $250 million.\111\ 
Therefore, we are unable at this time to estimate with greater 
precision the number of cable system operators that would qualify as 
small cable operators under the definition in the Communications Act.
---------------------------------------------------------------------------

    \107\ 47 U.S.C. 543(m)(2); see also 47 CFR 76.901(e).
    \108\ S&P Global Market Intelligence, U.S. Cable Subscriber 
Highlights, Basic Subscribers(actual) 2019, U.S. Cable MSO Industry 
Total, see also U.S. Multichannel Industry Benchmarks, U.S. Cable 
Industry Benchmarks, Basic Subscribers 2019Y, https://platform.marketintelligence.spglobal.com.
    \109\ 47 CFR 76.901(e).
    \110\ S&P Global Market Intelligence, Top Cable MSOs as of 12/
2019, https://platform.marketintelligence.spglobal.com. The five 
cable operators all had more than 486,460 basic cable subscribers.
    \111\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's 
finding that the operator does not qualify as a small cable operator 
pursuant to Sec.  76.901(e) of the Commission's rules. See 47 CFR 
76.910(b).
---------------------------------------------------------------------------

    Direct Broadcast Satellite (DBS) Service. DBS service is a 
nationally distributed subscription service that delivers video and 
audio programming via satellite to a small parabolic dish antenna at 
the subscriber's location. For the purposes of economic classification, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
the Wired Telecommunications Carriers industry.\112\ The Wired 
Telecommunications Carriers industry comprises establishments primarily 
engaged in operating and/or providing access to transmission facilities 
and infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or combination of technologies. Establishments in this industry use the 
wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution; and wired broadband internet services.\113\ The SBA 
determines that a wireline business is small if it has fewer than 1,500 
employees.\114\ Economic census data for 2012 indicate that 3,117 
wireline companies were operational during that year. Of that number, 
3,083 operated with fewer than 1,000 employees.\115\ Based on that 
data, we conclude that the majority of wireline firms are small under 
the applicable standard. However, currently only two entities provide 
DBS service, which requires a great deal of capital for operation: 
DIRECTV (owned by AT&T) and DISH Network.\116\ According to industry 
data, DIRECTV and DISH serve 14,831,379 and 8,957,469 subscribers 
respectively, and count the third and fourth most subscribers of any 
multichannel video distribution system in the U.S.\117\ Given the 
capital required to operate a DBS service, its national scope, and the 
approximately one-third share of the video market controlled by these 
two companies,\118\ we presume that neither would qualify as a small 
business.
---------------------------------------------------------------------------

    \112\ See 2017 NAICS Definition, ``517311 Wired 
Telecommunications Carriers,'' https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517311&search=2017%20NAICS%20Search (last 
accessed Jul. 27, 2020).
    \113\ Id.
    \114\ 13 CFR 121.201 (NAICS Code 517311).
    \115\ See Information: Subject Series--Estab and Firm Size: 
Employment Size of Firms for the U.S.: 2012, 2012 Economic Census of 
the United States, TableID: EC1251SSSZ5, https://data.census.gov/cedsci/table?q=EC1251&hidePreview=true&table=EC1251SSSZ5&tid=ECNSIZE2012.EC1251SSSZ5&lastDisplayedRow=28# (last accessed Jul. 27, 2020) (NAICS 
Code 517110 applied at the time of the 2012 Economic Census).
    \116\ See Communications Marketplace Report et al., GN Docket 
No. 18-231 et al., Report, 33 FCC Rcd 12558, 12597, paras. 50-51 
(2018).
    \117\ See S&P Global Market Intelligence, MediaCensus, Operator 
Subscribers by Geography: National Report, Subscribers by Operator, 
https://platform.mi.spglobal.com/web/client?auth=inherit#industry/mediaCensusHome (last visited Jul. 31, 2020).
    \118\ See S&P Global Market Intelligence, Global Multichannel 
Top Operators, U.S., https://platform.mi.spglobal.com/web/client?auth=inherit#industry/multichannelIndustryBenchmarks (last 
visited Jul. 31, 2020) (There were approximately 63,650,261 total 
multichannel subscribers in the U.S. in 2019).
---------------------------------------------------------------------------

    Satellite Radio. The rules proposed in this NPRM would affect the 
sole, current U.S. provider of satellite radio (SDARS) services, 
Sirius-XM, which offers subscription services. Sirius-XM reported 
revenue of $5.78 billion and a net income of $1.1 billion in 2018.\119\ 
In light of these figures, we believe it is unlikely that this entity 
would be considered small.
---------------------------------------------------------------------------

    \119\ See https://s1.q4cdn.com/750174072/files/doc_financials/2019/ar/2fb89e07-9f09-4e20-be79-9e194d70cd5e.pdf.
---------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    Reporting Requirements. The NPRM does not propose any new or 
modified reporting requirements.
    Recordkeeping Requirements. The NPRM proposes to revise the 
political file rules, consistent with the BCRA's amendment to section 
315(e) of the Act, to reflect statutory requirements that broadcast 
licensees, cable television system operators, DBS providers, and SDARS 
licensees are obligated to maintain in their online political 
inspection files records of each request for advertising time that ``is 
made on behalf of a legally qualified candidate for public office'' and 
each request for advertising time that ``communicates a message 
relating to any political matter of national importance'' (i.e., issue 
ads). In addition, the NPRM proposes to list the specific records that 
must be maintained in political files.
    Other Compliance Requirements. The NPRM proposes to revise the 
political programming rules to add the use of social media to the list 
of activities that a broadcast licensee or cable operator may consider 
in determining whether an individual who is running as a write-in 
candidate has made a ``substantial showing'' of his or her candidacy.

Steps Taken To Minimize Significant Economic 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.\120\
---------------------------------------------------------------------------

    \120\ See 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    The proposed revisions to the political file rules to implement the 
BCRA would largely codify existing Commission policy and guidance. 
Thus, we expect that these revisions, if adopted, would not impose 
significant new recordkeeping burdens on small entities. We also seek 
comment on possible modifications to the proposed revisions to the 
political file rules to lessen any burdens on small entities.
    In addition, we anticipate that the proposal to add the use of 
social media to the list of activities that may be considered in 
determining whether an individual who is running as a write-in 
candidate has made a ``substantial showing'' of his or her candidacy 
would only benefit small entities by providing additional guidance on 
how to make such determinations.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    None.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority 
contained in

[[Page 48951]]

sections 1, 4(i), 4(j), 303, 307, 312, 315, 335, and 403 of the 
Communications Act, 47 U.S.C 151, 154(i), 154(j), 303, 307, 312, 315, 
335, and 403, this Notice of Proposed Rulemaking is adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects

47 CFR Parts 25

    Radio, Reporting and recordkeeping requirements, 
Telecommunications.

47 CFR Part 73

    Cable television, Education, Radio, Reporting and recordkeeping 
requirements, Telecommunications

47 CFR Part 76

    Cable television, internet, Reporting and recordkeeping 
requirements, Telecommunications

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 25, 73, and 76 
as follows:

PART 25--SATELLITE COMMUNICATIONS

0
1. The authority citation for part 25 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, and 721, unless otherwise noted.

0
2. Amend Sec.  25.701 by revising paragraph (d) to read as follows:


Sec.  25.701  Other DBS Public interest obligations.

* * * * *
    (d) Political File. (1) Each DBS operator engaged in origination 
programming shall maintain, and make available for public inspection, a 
complete record of a request to purchase broadcast time that:
    (i) Is made by or on behalf of a legally qualified candidate for 
public office; or
    (ii) Communicates a message relating to any political matter of 
national importance, including:
    (A) A legally qualified candidate;
    (B) Any election to Federal office; or
    (C) A national legislative issue of public importance.
    (2) Contents of record. A record maintained under this paragraph 
shall contain information regarding:
    (i) Whether the request to purchase broadcast time is accepted or 
rejected by the licensee;
    (ii) The rate charged for the broadcast time;
    (iii) The date and time on which the communication is aired;
    (iv) The class of time that is purchased;
    (v) The name of the candidate to which the communication refers and 
the office to which the candidate is seeking election, the election to 
which the communication refers, or the issue to which the communication 
refers (as applicable);
    (vi) In the case of a request made by, or on behalf of, a 
candidate, the name of the candidate, the authorized committee of the 
candidate, and the treasurer of such committee; and
    (vii) In the case of any other request, the name of the person 
purchasing the time, the name, address, and phone number of a contact 
person for such person, and a list of the chief executive officers or 
members of the executive committee or of the board of directors of such 
person.
    (3) When free time is provided for use by or on behalf of 
candidates, a record of the free time provided shall be placed in the 
political file.
    (4) All records required by this paragraph shall be placed in the 
online political file as soon as possible and shall be retained for a 
period of two years. As soon as possible means immediately absent 
unusual circumstances.
* * * * *
0
3. Amend Sec.  25.702 by revising paragraph (b) to read as follows:


Sec.  25.702  Other SDARS Public interest obligations.

* * * * *
    (b) Political File. (1) Each SDARS licensee engaged in origination 
programming shall maintain, and make available for public inspection, a 
complete record of a request to purchase broadcast time that:
    (i) Is made by or on behalf of a legally qualified candidate for 
public office; or
    (ii) Communicates a message relating to any political matter of 
national importance, including:
    (A) A legally qualified candidate;
    (B) Any election to Federal office; or
    (C) A national legislative issue of public importance.
    (2) Contents of record. A record maintained under this paragraph 
shall contain information regarding:
    (i) Whether the request to purchase broadcast time is accepted or 
rejected by the licensee;
    (ii) The rate charged for the broadcast time;
    (iii) The date and time on which the communication is aired;
    (iv) The class of time that is purchased;
    (v) The name of the candidate to which the communication refers and 
the office to which the candidate is seeking election, the election to 
which the communication refers, or the issue to which the communication 
refers (as applicable);
    (vi) In the case of a request made by, or on behalf of, a 
candidate, the name of the candidate, the authorized committee of the 
candidate, and the treasurer of such committee; and
    (vii) In the case of any other request, the name of the person 
purchasing the time, the name, address, and phone number of a contact 
person for such person, and a list of the chief executive officers or 
members of the executive committee or of the board of directors of such 
person.
    (3) When free time is provided for use by or on behalf of 
candidates, a record of the free time provided shall be placed in the 
political file.
    (4) All records required by this paragraph shall be placed in the 
online political file as soon as possible and shall be retained for a 
period of two years. As soon as possible means immediately absent 
unusual circumstances.
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
4. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.

0
5. Amend Sec.  73.1940 by revising paragraph (f) to read as follows:


Sec.  73.1940  Legally qualified candidates for public office.

* * * * *
    (f) The term ``substantial showing'' of a bona fide candidacy as 
used in paragraphs (b), (d) and (e) of this section means evidence that 
the person claiming to be a candidate has:
    (1) Satisfied the requirements under applicable law to run as a 
write-in (such as registering, collecting signatures, paying fees, 
etc.); and
    (2) Has engaged to a substantial degree in activities commonly 
associated with political campaigning. Such activities normally would 
include making campaign speeches, distributing

[[Page 48952]]

campaign literature, issuing press releases, maintaining a campaign 
committee, establishing campaign headquarters (even though the 
headquarters in some instances might be the residence of the candidate 
or his or her campaign manager), creating a campaign website, and using 
social media for the purpose of promoting or furthering a campaign for 
public office. Not all of the listed activities are necessarily 
required in each case to demonstrate a substantial showing, and there 
may be activities not listed herein which would contribute to such a 
showing.
0
6. Amend Sec.  73.1943 by revising paragraph (a), redesignating 
paragraphs (b) and (c) as paragraphs (c) and (d), and adding new 
paragraph (b) to read as follows:


Sec.  73.1943  Political file.

    (a) A licensee shall maintain, and make available for public 
inspection, a complete record of a request to purchase broadcast time 
that:
    (1) Is made by or on behalf of a legally qualified candidate for 
public office; or
    (2) Communicates a message relating to any political matter of 
national importance, including:
    (i) A legally qualified candidate;
    (ii) Any election to Federal office; or
    (iii) A national legislative issue of public importance.
    (b) Contents of record. A record maintained under paragraph (a) of 
this section shall contain information regarding:
    (1) Whether the request to purchase broadcast time is accepted or 
rejected by the licensee;
    (2) The rate charged for the broadcast time;
    (3) The date and time on which the communication is aired;
    (4) The class of time that is purchased;
    (5) The name of the candidate to which the communication refers and 
the office to which the candidate is seeking election, the election to 
which the communication refers, or the issue to which the communication 
refers (as applicable);
    (6) In the case of a request made by, or on behalf of, a candidate, 
the name of the candidate, the authorized committee of the candidate, 
and the treasurer of such committee; and
    (7) In the case of any other request, the name of the person 
purchasing the time, the name, address, and phone number of a contact 
person for such person, and a list of the chief executive officers or 
members of the executive committee or of the board of directors of such 
person.
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
7. The authority citation for part 76 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.

0
8. Amend Sec.  76.5 by revising paragraph (q)(5) to read as follows:


Sec.  76.5  Definitions.

* * * * *
    (q) * * *
    (5) The term ``substantial showing'' of a bona fide candidacy as 
used in paragraph (q) (2), (3), and (4) of this section means evidence 
that the person claiming to be a candidate has:
    (i) Satisfied the requirements under applicable law to run as a 
write-in (such as registering, collecting signatures, paying fees, 
etc.); and
    (ii) Has engaged to a substantial degree in activities commonly 
associated with political campaigning. Such activities normally would 
include making campaign speeches, distributing campaign literature, 
issuing press releases, maintaining a campaign committee, establishing 
campaign headquarters (even though the headquarters in some instances 
might be the residence of the candidate or his or her campaign 
manager), creating a campaign website, and using social media for the 
purpose of promoting or furthering a campaign for public office. Not 
all of the listed activities are necessarily required in each case to 
demonstrate a substantial showing, and there may be activities not 
listed herein which would contribute to such a showing.
* * * * *
0
9. Amend Sec.  76.1701 by revising paragraph (a), redesignating 
paragraphs (b) through (d) as paragraphs (c) through (e), and adding 
new paragraph (b) to read as follows:


Sec.  76.1701  Political file.

    (a) Every cable television system operator engaged in origination 
programming shall maintain, and make available for public inspection, a 
complete record of a request to purchase broadcast time that:
    (1) Is made by or on behalf of a legally qualified candidate for 
public office; or
    (2) Communicates a message relating to any political matter of 
national importance, including:
    (i) A legally qualified candidate;
    (ii) Any election to Federal office; or
    (iii) A national legislative issue of public importance.
    (b) Contents of record. A record maintained under paragraph (a) of 
this section shall contain information regarding:
    (1) Whether the request to purchase broadcast time is accepted or 
rejected by the licensee;
    (2) The rate charged for the broadcast time;
    (3) The date and time on which the communication is aired;
    (4) The class of time that is purchased;
    (5) The name of the candidate to which the communication refers and 
the office to which the candidate is seeking election, the election to 
which the communication refers, or the issue to which the communication 
refers (as applicable);
    (6) In the case of a request made by, or on behalf of, a candidate, 
the name of the candidate, the authorized committee of the candidate, 
and the treasurer of such committee; and
    (7) In the case of any other request, the name of the person 
purchasing the time, the name, address, and phone number of a contact 
person for such person, and a list of the chief executive officers or 
members of the executive committee or of the board of directors of such 
person.
* * * * *
[FR Doc. 2021-17754 Filed 8-31-21; 8:45 am]
BILLING CODE 6712-01-P