Federal Register: October 30, 2009 (Volume 74, Number 209)
DOCID: fr30oc09-14 FR Doc E9-26196
FEDERAL COMMUNICATIONS COMMISSION
Federal Communications Commission
CFR Citation: 47 CFR Part 73
Docket ID: [MB Docket Nos. 07-294, 06-121, 02-277, 04-228; MM Docket Nos. 01-235, 01-317, 00-244; FCC 09-92]
NOTICE: RULES
DOCID: fr30oc09-14
DOCUMENT ACTION: Final rule; announcement of effective date.
SUBJECT CATEGORY:
Promoting Diversification of Ownership in Broadcast Services
DATES: The amendments to 47 CFR 73.3615 and FCC Form 323, published May 27, 2009, 74 FR 25163, are effective on October 30, 2009.
DOCUMENT SUMMARY:
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection, FCC Form 323, associated with 47 CFR 73.3615. Therefore, this rule and FCC Form 323 will take effect on October 30, 2009. A summary document of the Memorandum Opinion and Order, In the Matter of Promoting Diversification of Ownership in the Broadcasting Services in MB Docket Nos. 07294, 06121, 02277, 04228; MM Docket Nos. 01235, 01317, 00244; FCC 0992 is published elsewhere in this issue of the Federal Register. The summary document of the Memorandum Opinion and Order states that the information collection requirements have been approved by OMB and that the Commission will publish a notice in the Federal Register announcing the effective date. This notification is consistent with the statement in that document, published elsewhere in this issue of the Federal Register.
SUMMARY:
Promoting Diversification of Ownership in Broadcast Services
SUPPLEMENTAL INFORMATION
This document announces that, on October 19, 2009, OMB approved, for a period of three years, the information collection, FCC Form 323, associated with Section 73.3615 of the FCC rules. The Commission publishes this notice to announce the effective date of these rules and Form 323.
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received OMB approval on October 19, 2009, for the information collection, FCC Form 323, associated with 47 CFR 73.3615.
Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number.
No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB Control Number.
The OMB Control Number is 30600010 and the total annual reporting burdens for respondents for this information collection are as follows:
OMB Control Number: 30600010.
OMB Approval Date: October 19, 2009.
Expiration Date: October 31, 2012.
Title: Ownership Report for Commercial Broadcast Stations.
Form Number: FCC Form 323.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other forprofit entities; notforprofit institutions; State, Local or Tribal Governments.
Number of Respondents/Responses: 9,250 respondents; 9,250 responses.
Estimated Time per Response: 2.5 hours to 4.5 hours.
Frequency of Response: Recordkeeping requirement; on occasion reporting requirement; biennial reporting requirement.
Total Annual Burden: 38,125 hours.
Total Annual Costs: $26,940,000.
Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this collection of information is contained in Sections 154(i), 303 and 310 of the Communications Act of 1934, as amended.
Nature and Extent of Confidentiality: Form 323 collects two types of information (among others) from respondents: (a) Personal information in the form of names, addresses, job titles and demographic information; and (b) FCC Registration Numbers (FRNs).
Confidentiality is an issue to the extent that individuals provide personally identifiable information which will be covered under the FCC's pending system of records (SORN), FCC/MB1, ``Ownership Report for Commercial Broadcast Stations.'' FRNs are covered under FCC's system of records (SORN), FCC/OMD9, ``Commission Registration System (CORES).''
Privacy Act Impact Assessment: This information collection contains
personally identifiable information on individuals (``PII'').
(a) As noted above, the FCC is in the process of establishing a
System of Records, FCC/MB1, ``Ownership Report for Commercial
Broadcast Stations,'' to cover the collection, purpose(s), storage,
safeguards, and disposal of the PII that individual respondents may submit on FCC Form 323.
(b) The SORN will be published in the Federal Register at a subsequent date.
Needs and Uses: On April 8, 2009, the Commission adopted a Report
and Order and Fourth Further Notice of Proposed Rulemaking in MB Docket
Nos. 07294, 06121, 02277, 01235, 01317, 00244, 04228; FCC 0933;
24 FCC Rcd 5896 (2009). The 323 Order directs the Commission to revise
Form 323 to improve the quality of the data collected in order to
obtain an accurate, reliable, and comprehensive assessment of minority
and female broadcast ownership in the United States. Specifically, the
Commission changed the biennial reporting requirements on Form 323 so
that there is a uniform filing date; broadened the biennial reporting
requirements to include commercial broadcast licensees that are sole
proprietorships and partnerships comprised of natural persons; expanded
the class of persons and entities that must file to include low power [[Page 56136]]
television stations (``LPTV'') licensees, including Class A stations;
and provided that the form should be electronically searchable and that
there should be edit checks built in. The Commission also adopted
changes requiring certain nonattributable interests to be reported on bienniallyfiled Form 323s.
On October 16, 2009, the Commission adopted a Reconsideration Order in response to a Petition for Reconsideration filed by the National Association of Broadcasters. In re Promoting Diversification of Ownership in the Broadcasting Services, Memorandum Opinion and Order and Fifth Further Notice of Proposed Rulemaking in MB Docket Nos. 07 294, 06121, 02277, 01235, 01317, 00244, 04228; FCC 0992 (Rel. Oct. 16, 2009). The Reconsideration Order eliminates the requirement that certain nonattributable interests (voting stock interests that would be attributable but for the operation of the single majority shareholder attribution exemption and equity and/or debt interests that would be attributable but for the exemption for certain investments in eligible entities) must be reported on bienniallyfiled Form 323s. The Commission agreed that it was advisable to invite additional comment from the public on requiring reporting of these nonattributable interests and issued a Fifth Further Notice of Proposed Rulemaking inviting such further comment.
Consistent with actions taken by the Commission described above,
the following changes are made to Form 323: The Instructions and
questions in all sections of the form have been significantly revised.
The instructions to Form 323 have been revised to incorporate a
definition of ``eligible entity,'' which will apply to the Commission's
existing Equity Debt Plus (``EDP'') standard, one of the standards used
to determine whether interests in a media entity are attributable. The
instructions to Form 323 have also been revised slightly to provide
updated citations to the Commission's applicable rules governing media
ownership. The instructions for Section I have been revised to state
the Commission's revised biennial filing requirements adopted in the
323 Order. Many questions on the form have been reworked or reordered
in order to (1) clarify the information sought in the form; (2)
simplify completion of the form by giving respondents menustyle or
checkboxstyle options to select rather than submit a separate
narrative exhibit; and (3) make the data collected on the form more
adaptable for use in database programs used to prepare economic and
policy studies relating to media ownership. The instructions to the
Form have been revised to make them clearer and easier to follow by
going questionbyquestion and having each instruction correspond to a
relevant question. In addition, portions of the Form that relate only
to nonbiennial or to biennial filings separately have been placed into
separate subsections of the Form. Respondents using the Commission's
electronic filing system will be required to launch only the portions
of the form that are applicable depending on the purpose of the filing
(i.e., whether it is a biennial filing or a nonbiennial filing) and complete only those sections.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E926196 Filed 102909; 8:45 am]
BILLING CODE 671201P
FOR FURTHER INFORMATION CONTACT
For additional information, please contact Cathy Williams, cathy.williams@fcc.gov or on (202) 4182918.