[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Proposed Rules]
[Page 8255-8259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe08-28]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MB Docket No. 04-233; FCC 07-218]
Report on Broadcast Localism and Notice of Proposed Rulemaking
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document provides a summary of the public comments and
reply comments received in response to the Federal Communications
Commission's Notice of Inquiry concerning broadcast localism and the
testimony received at the six field hearings on localism. The document
also outlines several proposed rule changes designed to enhance
broadcast localism and diversity, to increase and improve the amount
and nature of broadcast programming that is targeted to the local needs
and interests of a licensee's community of service, and provide more
accessible information to the public about broadcasters' efforts to air
such programming. It seeks comment on those such proposals that are not
the subject of other ongoing or contemplated Commission rulemaking
proceedings.
DATES: Comments are due on or before March 14, 2008. Reply comments are
due on or before April 14, 2008.
ADDRESSES: You may submit comments, identified by MB Docket No. 04-233,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/.
Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document. In addition to filing comments
with the Office of the Secretary, a copy of any comments on the
Paperwork Reduction Act information collection requirements contained
herein should be submitted to Cathy Williams, Federal Communications
Commission, 445 12th St, SW., Room 1-C823, Washington, DC 20554, or via
the Internet at PRA@fcc.gov; and also to Nicholas A. Fraser of the
Office of Management and Budget (OMB), via Internet at
Nicholas_A._Fraser@omb.eop.gov or via fax at (202) 395-5167.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, please contact Jeremy M. Kissel, Media Bureau, Policy
Division, at (202) 418-2120, or via e-mail at Jeremy.Kissel@fcc.gov.
For additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, contact
Cathy Williams at 202-418-2918, or via the Internet at PRA@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
on Broadcast Localism and Notice of Proposed Rulemaking, FCC 07-218,
adopted on December 18, 2007, and released on January 24, 2008
(Report). The full text of this document is available for public
inspection and copying during regular business hours in the FCC
Reference Center, Federal Communications Commission, 445 12th Street,
SW., CY-A257, Washington, DC 20554. This document will also be
available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be
available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The
complete text may be purchased from the Commission's copy contractor,
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request
this document in accessible formats (computer diskettes, large print,
audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call
the Commission's Consumer and Governmental Affairs Bureau at (202) 418-
0530 (voice), (202) 418-0432 (TTY).
1. In August 2003, the Commission launched a Localism in
Broadcasting initiative to review, and possibly enhance, localism
practices among broadcasters, which are designed to ensure that each
station treats the significant needs and issues of the community that
it is licensed to serve with the programming that it offers. In
addition to establishing procedures by which the Commission would study
the state of broadcast localism and take any steps necessary to
strengthen such efforts by licensees, on July 1, 2004, the Commission
issued a Notice of Inquiry (NOI) concerning localism. Through the NOI,
the Commission sought direct input from the public on how broadcasters
are serving the interests and needs of their communities; whether the
agency needs to adopt new policies, practices, or rules designed
directly to promote localism in broadcast television and radio; and, if
so, what those policies, practices, or rules should be.
2. The NOI took note that, during the Commission's 2002 review of
its structural broadcast ownership rules, the agency received public
comments indicating that many broadcasters may be failing to meet the
needs of their local communities. In response, the Commission opened a
separate inquiry proceeding (MB Docket No. 04-233) to seek public input
on a number of issues related to broadcast localism. Among them were
questions as to how broadcasters are communicating with the communities
that they serve and are serving the needs of those communities,
including whether stations are airing a sufficient amount of community-
responsive programming, such as news, political material and disaster
warnings, as well as the state of their service to traditionally
underserved audiences. It also sought comment on the relationship
between networks and their affiliated stations, payola and sponsorship
identification, the license renewal process and possible additional
spectrum allocations. The NOI also asked whether, based on that
analysis, the Commission should take action to ensure that licensees
meet their localism obligations or, in the alternative, should continue
to rely on market forces and the existing issue-responsive programming
rules to encourage broadcasters to meet their obligations.
3. In the Report, the Commission summarizes the record of the
comments and testimony amassed in the localism proceeding for each of
the nine general localism areas of inquiry specified in
[[Page 8256]]
the NOI: (1) Communication between licensees and their stations'
communities; (2) nature and amount of community-responsive programming;
(3) political programming; (4) underserved audiences; (5) disaster
warnings; (6) network affiliation rules; (7) payola/sponsorship
identification; (8) license renewal procedures; and (9) additional
spectrum allocations. The Commission then provides an analysis of the
pertinent record, and notes those areas in which the Commission
believes that revision of its rules, procedures, and policies may be
called for to ensure that broadcasters effectively meet the needs and
problems of their communities with the programming that they air.
4. Specifically, in the Report, the Commission directs the Media
Bureau to update The Public and Broadcasting publication to include
information concerning the broadcast renewal process, applicable
deadlines, and complaint procedures; states its intention to establish
a Commission contact point dedicated to providing information to
members of the public regarding how they can become involved in the
Commission's processes; notes its intention to begin a proceeding to
propose rules promoting access by cable and satellite subscribers to
the programming of television broadcast stations licensed to
communities in the states in which they live to address situations in
which cable and satellite subscribers often do not receive the local
news and information provided by an in-state station because the
Commission's rules effectively require carriage of an out-of-state
station; directs the Media Bureau's Audio Division to develop a new
computer program to assist potential radio applicants in identifying
suitable available commercial FM spectrum in the location from which
they desire to operate; and reiterates its intention to address the
issues in the Emergency Alert System proceeding within six months. The
Commission also calls for comment on the topics described below.
5. Renewal Application Pre- and Post-Filing Announcements. The
Commission seeks comment on whether it should change its existing rule
governing the so-called ``pre-filing and post-filing announcements''
that licensees must air in connection with their renewal applications,
and calls for comment on these new measures. In addition to the
existing requirement for on-air announcements about soon-to-be-filed
and pending renewal applications, the Commission seeks comment on
whether it should require that the same information be posted on a
licensee's Web site during the relevant months (i.e., the posting
begins on the sixth month before the license is due to expire and
remains in place until after the deadline for filing petitions to
deny). The Commission also seeks comment on whether it should broaden
the required language for the announcements contained in 47 CFR
73.3580(d)(4)(i), which currently provides the Commission's mailing
address as a source for information concerning the broadcast license
renewal process, to include the agency's Web site address. Moreover,
the Commission seeks comment on whether, where technically feasible,
the licensee's on-line provision of the Commission's web address could
be linked directly to the agency's Web site.
6. Community Advisory Boards. The Commission seeks comment on its
tentative conclusion that, to determine significant community needs and
issues, licensees should convene and periodically consult with
permanent advisory boards made up of officials and other leaders from
the community of each broadcast station. The Commission believes that
such community advisory boards will promote both localism and diversity
and, as such, should be an integral component of the Commission's
localism efforts. Accordingly, the Commission seeks comment on this
proposal, and on other rules or guidelines that it might adopt to
foster improved communication between licensees and members of their
communities.
7. Remote Station Operation. The Commission notes that a number of
commenters expressed concern about the prevalence of automated
broadcast operations, which allow the operation of stations without a
local presence, and the perceived negative impact that they have on
licensees' ability to determine and serve local needs, in particular,
providing vital information in times of emergency. In its recent
Digital Audio Notice of Proposed Rulemaking, the Commission sought
comment on whether changes in remote radio operation should affect
existing rules. In that proceeding, the Commission is considering
requiring that radio licensees maintain a physical presence at each
radio broadcasting facility during all hours of operation. In the
Report, the Commission seeks comment on whether it should extend any
such requirement to television stations, as well as to radio
facilities.
8. Renewal Application Processing Guidelines. The Commission also
seeks comment on its tentative conclusion to adopt specific procedural
guidelines for the processing of renewal applications for stations
based upon their localism programming performance during the preceding
license term. It also invites comment on any related issues that the
Commission should consider in connection with the possible adoption of
specific localism-related processing guidelines for broadcast renewal
applications.
9. Main Studio Location. The Commission seeks comment on whether it
should revert to its pre-1987 main studio rule, requiring that a
station's main studio be situated within the station's community of
license, in order to encourage broadcasters to produce locally
originated programming. It seeks comment on this proposal, including
whether accessibility of the main studio increases interaction between
the broadcast station and the community of service.
10. Affiliate Station Review of Network Programming. The Commission
seeks comment on whether it could be useful for licensees, in
fulfilling their localism obligations, to be able to review network
programming at some point sufficiently in advance of airtime to
determine its appropriateness for airing. It seeks comment on whether
this issue already has been addressed by existing affiliation agreement
terms and, if private contractual arrangements have not addressed this
issue, whether it should establish rules requiring such a right.
11. Voice-Tracking. The Commission seeks comment on the prevalence
of voice-tracking, a practice by which stations import popular out-of-
town personalities from bigger markets to smaller ones, and customize
their programming to make it appear as if the personalities are
actually local residents. It also seeks comment on whether the
Commission can and should take steps to limit the practice, require
disclosure, or otherwise address it.
12. Submission of Music Playlist Information. The Commission also
seeks comment on whether it should require licensees to provide the
Commission with data regarding their airing of the music and other
performances of local artists and how they compile their stations'
playlists, which the Commission would use in its consideration of the
renewal applications of the stations to which they relate, in
evaluating the overall station performance under localism. If so, the
Commission seeks input as to in what form these disclosures should be
required and what information should be supplied.
13. Upgrade of LPTV Stations to Class A Facilities. The Commission
also seeks
[[Page 8257]]
comment on its tentative conclusion to allow, in some cases, additional
qualified low-power television stations to be granted Class A status
and, if so, how it should define eligibility for such upgrades, and the
Commission's statutory authority to take such action.
14. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates listed on the first page of this
summary. All such filings should refer to MB Docket No. 04-233, unless
otherwise instructed in the document. Comments may be filed using: (1)
The Commission's Electronic Comment Filing System (ECFS), (2) the
Federal Government's eRulemaking Portal, or (3) by filing paper copies.
See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR
24,121 (1998).
Procedural Matters
A. Initial Regulatory Flexibility Analysis
15. Pursuant to the Regulatory Flexibility Act (RFA), the Bureau
has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on small entities by the proposals
considered in the Report. The text of the IRFA is set forth in Appendix
B of the Report. Written public comments are requested on this IRFA.
Comments must be filed in accordance with the same filing deadlines as
those for comments on the Report, and they should have a separate and
distinct heading designating them as responses to the IRFA. The Bureau
will send a copy of the Report, including the IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration.
B. Initial Paperwork Reduction Act of 1995 Analysis
16. This document contains new and modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies are invited to comment on
the new or modified information collection requirements contained in
this proceeding. 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 Analysis
17. As required by the Regulatory Flexibility Act, as amended
(RFA), the Commission has prepared an Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on a
substantial number of small entities by the policies and rules
considered in the Report. Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments on the Report as indicated on the
first page of the Report. The Commission will send a copy of the
Report, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA). In addition, the Report and the
IRFA (or summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
18. In August 2003, the Commission launched a Localism in
Broadcasting initiative designed to review, and possibly enhance,
localism practices among broadcasters which are designed to ensure that
each station treats the significant needs and issues of the community
that it is licensed to serve with the programming that it offers. The
Commission subsequently issued a Notice of Inquiry (NOI) concerning
localism. Through the NOI, the Commission sought direct input from the
public on how broadcasters are serving the interests and needs of their
communities; whether the agency needs to adopt new policies, practices,
or rules designed directly to promote localism in broadcast television
and radio; and, if so, what those policies, practices, or rules should
be. The Report invites comment on several proposals designed to enhance
broadcast localism and diversity, including increasing and improving
the amount and nature of broadcast programming that is targeted to the
local needs and interests of a licensee's community of service, and
providing more accessible information to the public about broadcasters'
efforts to air such programming.
19. The record in the proceeding demonstrates that some
broadcasters devote significant amounts of time and resources to airing
programming that is responsive to the needs and interests of
broadcasters' communities of license, while many other commenters
raised serious concerns that broadcasters' efforts, as a general
matter, fall far short from what they should be. In the Report, the
Commission details several proposals that will promote both localism
and diversity in broadcasting, and seeks comment on same.
B. Legal Basis
20. The Report is adopted pursuant to sections 4(i), 303, 612, and
616 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
303, 532 and 536.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
21. 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 rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental entity''
under Section 3 of the Small Business Act. In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act. 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.
22. Television Broadcasting. In this context, the application of
the statutory definition to television stations is of concern. The
Small Business Administration defines a television broadcasting station
that has no more than $13 million in annual receipts as a small
business. Business concerns included in this industry are those
``primarily engaged in broadcasting images together with sound.''
According to Commission staff review of the BIA Financial Network, Inc.
Media Access Pro Television Database as of February 5, 2007, 872 (about
70 percent) of the 1,260 commercial television stations in the United
States have revenues of $13 million or less. However, in assessing
whether a business entity qualifies as small under the above
definition, business control affiliations must be included. Our
estimate, therefore, likely overstates the number of small entities
that might be affected by any changes to the attribution rules, because
the revenue figures on which this estimate is based do not include or
aggregate revenues from affiliated companies.
23. An element of the definition of ``small business'' is that the
entity not be dominant in its field of operation. The Commission is
unable at this time and in this context to define or quantify the
criteria that would establish whether a specific television station is
dominant in its market of operation. Accordingly, the foregoing
estimate of small
[[Page 8258]]
businesses to which the rules may apply does not exclude any television
stations from the definition of a small business on this basis and is
therefore over-inclusive to that extent. An additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. It is difficult at times to assess
these criteria in the context of media entities, and our estimates of
small businesses to which they apply may be over-inclusive to this
extent.
24. Radio Broadcasting. The Small Business Administration defines a
radio broadcasting entity that has $6.5 million or less in annual
receipts as a small business. Business concerns included in this
industry are those ``primarily engaged in broadcasting aural programs
by radio to the public.'' According to Commission staff review of the
BIA Financial Network, Inc. Media Access Radio Analyzer Database as of
February 5, 2007, 10,442 (about 95 percent) of 10,962 commercial radio
stations in the United States have revenues of $6.5 million or less. We
note, however, that in assessing whether a business entity qualifies as
small under the above definition, business control affiliations must be
included. Our estimate, therefore, likely overstates the number of
small entities that might be affected by any changes to the ownership
rules, because the revenue figures on which this estimate is based do
not include or aggregate revenues from affiliated companies.
25. In this context, the application of the statutory definition to
radio stations is of concern. An element of the definition of ``small
business'' is that the entity not be dominant in its field of
operation. We are unable at this time and in this context to define or
quantify the criteria that would establish whether a specific radio
station is dominant in its field of operation. Accordingly, the
foregoing estimate of small businesses to which the rules may apply
does not exclude any radio station from the definition of a small
business on this basis and is therefore over-inclusive to that extent.
An additional element of the definition of ``small business'' is that
the entity must be independently owned and operated. We note that it is
difficult at times to assess these criteria in the context of media
entities, and our estimates of small businesses to which they apply may
be over-inclusive to this extent.
26. FM Translator Stations and Low Power FM Stations. The proposed
rules and policies could affect licensees of FM translator and booster
stations and low power FM (LPFM) stations, as well as to potential
licensees in these radio services. The same SBA definition that applies
to radio broadcast licensees would apply to these stations. The SBA
defines a radio broadcast station as a small business if such station
has no more than $6.5 million in annual receipts. Currently, there are
approximately 4,131 licensed FM translator and booster stations and 771
licensed LPFM stations. Given the nature of these services, we will
presume that all of these licensees qualify as small entities under the
SBA definition.
27. Cable Television Distribution Services. Since 2007, these
services have been defined within the broad economic census category of
Wired Telecommunications Carriers; that category is defined as follows:
``This 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 a combination of
technologies.'' The SBA has developed a small business size standard
for this category, which is: all such firms having 1,500 or fewer
employees. To gauge small business prevalence for these cable services
we must, however, use current census data that are based on the
previous category of Cable and Other Program Distribution and its
associated size standard; that size standard was: all such firms having
$13.5 million or less in annual receipts. According to Census Bureau
data for 2002, there were a total of 1,191 firms in this previous
category that operated for the entire year. Of this total, 1,087 firms
had annual receipts of under $10 million, and 43 firms had receipts of
$10 million or more but less than $25 million. Thus, the majority of
these firms can be considered small.
28. Cable Companies and Systems. 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. Industry data
indicate that, of 1,076 cable operators nationwide, all but 11 are
small under this size standard. In addition, under the Commission's
rules, a ``small system'' is a cable system serving 15,000 or fewer
subscribers. Industry data indicate that, of 7,208 systems nationwide,
6,139 systems have under 10,000 subscribers, and an additional 379
systems have 10,000-19,999 subscribers. Thus, under this second size
standard, most cable systems are small.
29. Cable System Operators. 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 1 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.'' The Commission has determined that an operator serving
fewer than 677,000 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. Industry
data indicate that, of 1,076 cable operators nationwide, all but ten
are small under this size standard. 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, and therefore we are unable to estimate more accurately the
number of cable system operators that would qualify as small under this
size standard.
30. Open Video Services. Open Video Service (OVS) systems provide
subscription services. The SBA has created a small business size
standard for Cable and Other Program Distribution. This standard
provides that a small entity is one with $13.5 million or less in
annual receipts. The Commission has certified a large number of OVS
operators, and some of these are currently providing service.
Affiliates of Residential Communications Network, Inc. (RCN) received
approval to operate OVS systems in New York City, Boston, Washington,
DC, and other areas. RCN has sufficient revenues to assure that it does
not qualify as a small business entity. Little financial information is
available for the other entities that are authorized to provide OVS.
Given this fact, the Commission concludes that those entities might
qualify as small businesses, and therefore may be affected by the rules
and policies adopted herein.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
31. The Report proposes a number of rule changes that, if adopted
and implemented, may affect reporting, recordkeeping, and other
compliance requirements on small entities. As noted above, we invite
small entities to comment in response to the rules
[[Page 8259]]
proposed in the Report. Each of the proposals is described below.
32. The Report seeks comment on whether the existing rules
governing so-called ``pre-filing and post-filing announcements'' that
licensees must air in connection with their license renewal
applications should be changed. Specifically, the Commission seeks
comment on whether the same information that is currently required for
on-air announcements about soon-to-be-filed and pending renewal
applications should be posted on a licensee's website during the
relevant months (i.e., the posting begins on the sixth month before the
license is due to expire and remains in place until after the deadline
for filing petitions to deny). The Report also seeks comment on whether
to broaden the required language for these announcements contained in
47 CFR 73.3680(d)(4)(i), which currently provides the Commission's
mailing address as a source for information concerning the broadcast
license renewal process, to include the agency's website address and,
where technically feasible, to provide a link directly to the agency's
Web site.
33. The Report invites comment on the Commission's tentative
conclusion that licensees should convene and periodically consult with
permanent community advisory boards made up of officials and other
leaders from the community of each broadcast station for the purpose of
determining significant community needs and issues, and whether the
Commission should adopt similar rules or guidelines to foster
licensees' communication with members of their stations' communities.
It also seeks comment on whether television licensees should be
required to maintain a physical presence at each television
broadcasting facility during all hours of station operation. The Report
further seeks comment on the Commission's tentative conclusion that it
should adopt specific procedural guidelines for the processing of
license renewal applications for stations based upon their localism
programming performance during the preceding license term. The Report
also seeks comment on whether a licensee should be required to situate
its station main studio within the station's community of license to
encourage production of locally originated programming, and whether
accessibility of the main studio increases interaction between the
licensee and its station's community of service.
34. The Report also seeks comment on whether it could be useful for
licensees of stations affiliated with networks, in fulfilling their
localism obligations, to be able to review network programming at some
point sufficiently in advance of airtime and whether existing
affiliation agreements address such matters. It also seeks comment on
the prevalence of voice-tracking, and whether the Commission can and
should take steps to limit the practice, require disclosure, or
otherwise address it. The Report also seeks comment on whether the
Commission should require licensees to provide the agency with data
regarding their airing of the music and other performances of local
artists and how they compile their stations' playlists. It also seeks
comment on the appropriate form of such disclosures and in what manner,
if any, the local nature of a station's music programming should be
considered in any renewal application processing guidelines. Finally,
the Report seeks comment on the Commission's tentative conclusion that
it should allow additional qualified LPTV stations to be granted Class
A status, as well as on how to define eligibility and the Commission's
statutory authority to take such action.
E. Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
35. The RFA requires an agency to describe any significant
alternatives that might minimize any significant economic impact on
small entities. Such alternatives 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.
36. As noted, we are directed under law to describe any such
alternatives we consider, including alternatives not explicitly listed
above. The Report describes and seeks comment on several possible ways
to enhance broadcast localism and diversity, including increasing and
improving the amount and nature of broadcast programming that is
targeted to the local needs and interests of a licensee's community of
service, and providing more accessible information to the public about
broadcasters' efforts to air such programming. The Report seeks comment
on how the proposals described herein will achieve that goal, and
commenters are invited to propose steps that the Commission may take to
minimize any significant economic impact on small entities.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
37. None.
Ordering Clauses
38. Accordingly, it is ordered, pursuant to the authority found in
sections 4(i), 303, 612, and 616 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303, 532 and 536, the Report on Broadcast
Localism and Notice of Proposed Rulemaking is adopted.
39. It is further ordered that pursuant to sections 1, 4(i) and
(j), 301, 302, 303, 307, 308, 309, 319, and 324 of the Communications
Act of 1934, 47 U.S.C. 151, 154(i) and (j), 301, 302, 303, 307, 308,
309, 319, and 324 that notice is hereby given of the proposals and
tentative conclusions described in the Report on Broadcast Localism and
Notice of Proposed Rulemaking.
40. It is further ordered that the Reference Information Center,
Consumer Information Bureau, shall send a copy of the Report on
Broadcast Localism and Notice of Proposed Rulemaking, including the
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects
47 CFR Part 73
Radio broadcast services.
47 CFR Part 74
Experimental radio, Auxiliary, Special broadcast and other program
distributional services.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-2664 Filed 2-12-08; 8:45 am]
BILLING CODE 6712-01-P