Federal Register: November 19, 2009 (Volume 74, Number 222)

DOCID: fr19no09-50 FR Doc E9-27665

FEDERAL COMMUNICATIONS COMMISSION

Federal Communications Commission

NOTICE: NOTICES

DOCID: fr19no09-50

ACTION: Meetings:

DOCUMENT ACTION: Notice; one new Privacy Act system of records.

SUBJECT CATEGORY:

Privacy Act System of Records

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (e)(11) of the Privacy Act of 1974, as amended, any interested person may submit written comments concerning the routine uses of this system on or before December 21, 2009. Pursuant to Appendix I, 4(e) of OMB Circular A130, the FCC is asking the Office of Management and Budget (OMB), which has oversight responsibility under the Privacy Act, to grant a waiver of the 40 day review period by OMB, the House of
Representatives, and the Senate for this system of records. The FCC is requesting this waiver because the FCC has obtained OMB approval for a revised Form 323, which has been revised to allow the form to be used as the basis of studies of minority and female ownership as well as ownership studies to support the upcoming statutorily required 2010 quadrennial review of the Commission's media ownership rules. To allow trend studies to be undertaken, the Commission has set a uniform date as to when the information reported on the form must be current, October 1 of the applicable filing year. However, because of time required to obtain OMB approval, the Commission, on a onetimeonly basis, changed the ``as of'' date to November 1, 2009. Public notice of OMB approval of the revised Form 323 was published in the Federal Register on October 30, 2009, and the revised form became effective on that date. The Commission has established a deadline of December 15, 2009 by which the form must be filed. The Commission established a filing deadline that is as early as possible so that studies based on the data may be commenced quickly. At the same time, the Commission sought to provide as much time as possible for the form to be available before the filing date so that the public has ample time to work with the revised form.

The proposed new system of records will become effective on December 21, 2009, unless the FCC receives comments that require a contrary determination. The FCC will publish a document in the Federal Register notifying the public if any changes are necessary. As required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, the FCC is submitting reports on this proposed new system to OMB and to both Houses of Congress.

DOCUMENT SUMMARY:

Pursuant to subsection (e)(4) of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the FCC proposes to add a new system of records, FCC/MB1, ``Ownership Report for Commercial Broadcast Stations.'' The FCC's Media Bureau (MB) will use the information contained in FCC/MB1 to administer the FCC's regulatory
responsibilities that relate to ownership of commercial broadcast stations, including AM and FM radio and television, as well as to interests in daily newspapers that are subject to the Commission's media ownership rules. The Commission uses these records in this system:

To address the data contained in responses to FCC Form 323, ``Ownership Report for Commercial Broadcast Stations,'' which the Commission uses to evaluate licensees' or permittees' compliance with the Commission's media ownership rules, etc. This form is filed:

To satisfy the biennial filing requirement (Biennial Ownership Report);

As a validation or resubmission of a previously filed Biennial Report;

In connection with the transfer of control or assignment of a broadcast station;

By a permittee (within 30 days of the grant of a construction permit grant) (``Permittee Report'') and on the date that it files its license application;

As an update or certification of accuracy of the initial Permittee Report; or

As an amendment of a previously filed Ownership Report.

To undertake studies of minority and female ownership that support its diversity policy goals and other ownership studies to support its statutory requirement to review the media ownership goals quadrennially to determine whether they are necessary in the public interest as the result of competition.

Any other uses of FCC Form 323 within the Commission's authority.

SUMMARY:

Privacy Act; Systems of Records

SUPPLEMENTAL INFORMATION

As required by the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth notice of the proposed new system of records maintained by the FCC. This notice is a summary of the more detailed information about the proposed new system of records, which may be viewed at the location given above in the ADDRESSES section. The purposes for adding this new system of records, FCC/MB1, Ownership Report for Commercial Broadcast Stations,'' are to enable the FCC's Media Bureau (MB) to administer the FCC's regulatory responsibilities that relate to ownership of commercial broadcast stations, including AM and FM radio and television, as well as to interests in daily newspapers that are subject to the Commission's media ownership rules. The Commission uses these records in this system:
(1) To address the data contained in responses to FCC Form 323, ``Ownership Report for Commercial Broadcast Stations,'' which the Commission uses to evaluate licensees' or permittees' compliance with the Commission's media ownership rules, etc. This form is filed: (a) To satisfy the biennial filing requirement (Biennial Ownership Report);
(b) As a validation or resubmission of a previously filed Biennial Report;
(c) In connection with the transfer of control or assignment of a broadcast station;
(d) By a permittee (within 30 days of the grant of a construction permit grant) (``Permittee Report'') and on the date that it files its license application;
(e) As an update or certification of accuracy of the initial Permittee Report; or
(f) As an amendment of a previously filed Ownership Report. (2) To undertake studies of minority and female ownership that support its diversity policy goals and other ownership studies to support its statutory requirement to review the media ownership goals quadrennially to determine whether they are necessary in the public interest as the result of competition.
(3) Any other uses of FCC Form 323 within the Commission's authority.

This notice meets the requirement documenting the proposed new system of records that is to be added to the systems of records that the FCC maintains, and provides the public, Congress, and the Office of Management and Budget with an opportunity to comment.
FCC/MB1

FOR FURTHER INFORMATION CONTACT

Leslie F. Smith, Performance Evaluation and Records Management (PERM), Room 1C216, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, (202) 4180217
[[Page 59979]]
or via the Internet at Leslie.Smith@fcc.gov.