Commission Seeks To Update the Record for a Petition for Reconsideration Regarding Home Shopping Stations, 27811-27813 [E7-9552]

Download as PDF Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices Dated: May 9, 2007. Sara Hisel-McCoy, Acting Director, Collection Strategies Division. [FR Doc. E7–9504 Filed 5–16–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8315–6] Clean Air Act Operating Permit Program; Petition To Object to Title V Permits for Potlatch Corporation’s Clearwater Wood Products Facility, Idaho Pulp and Paperboard Division, and Consumer Products Division, Lewiston, ID Environmental Protection Agency (EPA). ACTION: Notice of final order on petition to object to state operating permits pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: Pursuant to Clean Air Act (CAA) section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an order dated May 7, 2007, denying a petition to object to state operating permits issued by the Idaho Department of Environmental Quality to Potlatch Corporation’s Clearwater Wood Products Facility, Idaho Pulp and Paperboard Division, and Consumer Products Division, all located in Lewiston, Idaho (Potlatch permits). This order constitutes final action on the petition submitted by Mr. Mark Solomon, representing the Idaho Conservation League, Friends of the Clearwater, and himself, on February 7, 2003, requesting that EPA object to the issuance of the Potlatch permits. Pursuant to section 505(b)(2) of the CAA, any person may seek judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307 of the CAA. ADDRESSES: Copies of the final order, the petition, and all pertinent information relating thereto are on file at the following location: Environmental Protection Agency, Region 10, Office of Air, Waste, and Toxics (AWT–107), 1200 Sixth Avenue, Seattle, Washington 98101. The final order is also available electronically at the following Web site: https://www.epa.gov/region07/programs/ artd/air/title5/petitiondb/ petitiondb.htm. FOR FURTHER INFORMATION CONTACT: Doug Hardesty, Office of Air, Waste and Toxics, EPA Region 10, telephone (208) 378–5759, e-mail hardesty.doug@epa.gov. VerDate Aug<31>2005 17:15 May 16, 2007 Jkt 211001 The Clean Air Act affords EPA a 45-day period to review and object to, as appropriate, operating permits proposed by state permitting authorities. Section 505(b)(2) of the CAA authorizes any person to petition the EPA Administrator within 60 days after the expiration of this review period to object to a state operating permit if EPA has not done so. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the state, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or that the grounds for the objection or other issue arose after the comment period. On February 7, 2003, EPA received a petition from Mr. Mark Solomon, representing the Idaho Conservation League, Friends of the Clearwater, and himself, requesting that EPA object to the issuance of the Potlatch permits. The petition alleged that: (1) The three Potlatch divisions should be covered by a single Title V operating permit; and (2) IDEQ used the wrong model in determining the ambient air quality impacts of the Potlatch facilities. The order explains the reasons behind EPA’s decision to deny the petition for objection on all grounds. SUPPLEMENTARY INFORMATION: Ronald Kreizenbeck, Deputy Regional Administrator, Region 10. [FR Doc. 07–2439 Filed 5–16–07; 8:45 am] BILLING CODE 6560–50–M ENVIRONMENTAL PROTECTION AGENCY [FRL–8316–2] Gulf of Mexico Program Citizens Advisory Committee Meeting Environmental Protection Agency (EPA). ACTION: Notice of meeting. AGENCY: SUMMARY: Under the Federal Advisory Committee Act (Pub. L. 92–463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC). For information on access or services for individuals with disabilities, please contact Gloria Car, U.S.EPA, at (228) 688–2421 or car.gloria@epa.gov. To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. DATES: The meeting will be held on Tuesday, June 19, 2007, from 1 p.m. to PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 27811 4:30 p.m. and Wednesday, June 20, 2007, from 8:30 a.m. to 12 p.m. ADDRESSES: The meeting will be held at the River House, Stennis Space Center, Mississippi 39529, (228) 688–3726. FOR FURTHER INFORMATION CONTACT: Gloria D. Car, Designated Federal Officer, Gulf of Mexico Program Office, Mail Code EPA/GMPO, Stennis Space Center, MS 39529–6000 at (228) 688– 2421. SUPPLEMENTARY INFORMATION: The proposed agenda includes the following topics: Gulf of Mexico Program Updates; Presentation on Liquified Natural Gas Facilities; Nature Conservancy Presentation; Priority Interests of the Citizens Advisory Committee; Citizens Advisory Committee membership status. The meeting is open to the public. Dated: May 10, 2007. Gloria D. Car, Designated Federal Officer. [FR Doc. E7–9505 Filed 5–16–07; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [MM Docket No. 93–8; DA 07–2005] Commission Seeks To Update the Record for a Petition for Reconsideration Regarding Home Shopping Stations Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: In this document, the Commission seeks to update the record for a Petition for Reconsideration filed by the Center for the Study of Commercialism (CSC), concerning stations that air home shopping programming and their status. The Commission seeks comment on CSC’s argument that the Commission failed to consider in its public interest analysis the significant amount of commercial programming broadcast by home shopping stations; on the specific issues concerning how home shopping stations serve the people in their communities, including the elderly and homebound; on CSC’s assertion that the Commission failed to consider information relevant to one of three statutory factors, i.e., competing demands for the spectrum; and on CSC’s assertion that the Cable Act requires the Commission to consider non-broadcast uses in its analysis of competing demands for spectrum. The Commission would like to update the record for this proceeding before ruling on the petition. E:\FR\FM\17MYN1.SGM 17MYN1 27812 Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices Comments for this proceeding are due on or before June 18, 2007; reply comments are due on or before July 2, 2007. ADDRESSES: You may submit comments, identified by MM Docket No. 93–8, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: https:// 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. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Belinda Nixon, Belinda.Nixon@fcc.gov of the Media Bureau, Policy Division, (202) 418– 1382. Press inquiries should be directed to Mary Diamond of the Media Bureau, (202) 418–2388. TTY: (202) 418–7172 or (888) 835–5322. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Public Notice, DA 07–2005 released on May 4, 2007. 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. These documents will also be available via ECFS (https://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). pwalker on PROD1PC71 with NOTICES DATES: Summary of the Notice 1. In this Public Notice, the Commission seeks to update the record for a Petition for Reconsideration of its Report and Order in MM Docket No. 93–8 (58 FR 39156–01), concerning VerDate Aug<31>2005 17:15 May 16, 2007 Jkt 211001 stations that air home shopping programming and their status under section 4(g) of the Cable Television Consumer Protection and Competition Act of 1992. In the Report and Order, the Commission concluded that television broadcast stations that are used predominantly for the transmission of sales presentations or program length commercials (such as home shopping stations) serve the public interest and are therefore qualified for mandatory cable carriage. The Center for the Study of Commercialism (CSC) filed a petition for reconsideration of that order. We issue this Public Notice because the Commission would like to update the record for this proceeding before ruling on the petition. 2. On January 14, 1993, the Commission opened a proceeding to implement section 4(g) of the Cable Act of 1992. The Cable Act requires the Commission to determine, regardless of prior proceedings, whether home shopping broadcast stations are serving the public interest, convenience, and necessity. Pursuant to this provision, if the Commission finds that these stations serve the public interest, it must qualify them as local commercial television stations for the purposes of mandatory cable carriage, or must-carry. If the Commission found that one or more such stations did not serve the public interest, then the Act required the Commission to provide them with reasonable time to provide different programming. The Cable Act further provides that the Commission consider three factors in making its public interest determination: ‘‘The viewing of home shopping stations, the level of competing demands for the spectrum allocated to such stations, and the role of such stations in providing competition to nonbroadcast services offering similar programming.’’ 3. In the Report and Order, the Commission noted that the overwhelming majority of commenters in the proceeding contended that home shopping stations do serve the public interest, that their programming format should not adversely affect their renewal expectancy, and that they should be eligible for must-carry status. Addressing the first of the three factors enumerated in Section 4(g), the Commission found that home shopping stations have significant viewership. With respect to the second factor, the Commission found that it must consider the demands only of other television broadcasters and not the demands of services other than broadcast television. The Commission further found that the licensing process adequately took into PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 account the competing demands of television broadcasters for the television broadcast spectrum. Finally, turning to the third factor, the Commission found that the existence and carriage of home shopping broadcast stations play a role in providing competition for nonbroadcast services supplying similar programming. Thus, the Commission found that each of the three statutory factors supported a conclusion that home shopping stations are serving the public interest. 4. In addition, the Commission found that other factors, including the following, supported its conclusion: (1) Home shopping stations provide a needed and valuable service to people without the time or ability to obtain goods outside the home, including the disabled, elderly, and homebound; (2) home shopping stations fulfill public interest programming obligations; (3) the role played by the Home Shopping Network in assisting minoritycontrolled and other small and marginal stations to attain financial viability; and (4) lack of evidence that the marketplace had failed to serve television viewers based on the then-present number and variety of home shopping services. Accordingly, the Commission concluded that home shopping stations serve the public interest, and it therefore qualified them as local commercial television stations for the purposes of mandatory cable carriage. 5. CSC argues that (1) the Commission did not consider the amount of the commercial programming home shopping stations broadcast when it concluded that such stations discharge their obligation to broadcast programming that is in the public interest; and (2) the Commission did not consider information relevant to the second of the three factors in section 4(g) relating to competing uses for the television broadcast spectrum. 6. In order to update our records for this proceeding, we seek comment on the issues presented in the petition for reconsideration filed by CSC. CSC argues that the Commission failed to consider in its public interest analysis the significant amount of commercial programming broadcast by home shopping stations. We seek comments on this assertion. Additionally, in order to update the record, we’re now seeking comment on the specific issues concerning how home shopping stations serve the people in their communities, including the elderly and homebound. 7. We also seek comment on CSC’s assertion that the Commission failed to consider information relevant to the second statutory factor, i.e., competing demands for the spectrum. Specifically, E:\FR\FM\17MYN1.SGM 17MYN1 pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices CSC claims that the Commission failed to consider evidence regarding Congressional intent that the Commission consider non-broadcast uses for the television broadcast spectrum, such as those of police and fire departments. We seek comment on CSC’s assertion that the Cable Act requires the Commission to consider non-broadcast uses in its analysis of competing demands for spectrum. 8. Finally, given the passage of time since the Report and Order was adopted, we seek comment on the current number of broadcast stations that provide home shopping programs for the majority of their broadcast day. How do home shopping stations meet their public interest obligations? In particular, how do they comply with the requirements of the Children’s Television Act of 1990 and licensees’ obligation to provide coverage of issues facing their communities? 9. Ex Parte Rules. This proceeding will be treated as a ‘‘permit-butdisclose’’ proceeding subject to the ‘‘permit-but-disclose’’ requirements under section 1.1206(b) of the Commission’s rules. Ex parte presentations are permissible if disclosed in accordance with Commission rules, except during the Sunshine Agenda period when presentations, ex parte or otherwise, are generally prohibited. Persons making oral ex parte presentations are reminded that a memorandum summarizing a presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one- or twosentence description of the views and arguments presented is generally required. Additional rules pertaining to oral and written presentations are set forth in section 1.1206(b). 10. Pursuant to Sections 1.415 and 1.419 of the Commission’s rules, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. All filings must be submitted in MM Docket No. 93–8. Pleadings sent via e-mail to the Commission will be considered informal and will not be part of the official record. 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. • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https://www.fcc.gov/ cgb/ecfs/ or the Federal eRulemaking Portal: https://www.regulations.gov. Filers should follow the instructions VerDate Aug<31>2005 17:15 May 16, 2007 Jkt 211001 provided on the website for submitting comments. • For ECFS filers, in completing the transmittal screen, filers should include their full name, U.S. Postal service mailing address, and the applicable docket number: MM Docket No. 93–8. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message: ‘‘get form’’. A sample form and instructions will be sent in response. • Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • The Commission’s contractor will receive hand-delivered or messengerdelivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, D.C. 20554. • People with Disabilities: To request materials in accessible formats for persons with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or contact the Consumer and Governmental Affairs Bureau at (202) 418–0530 or (202) 418–7365 (TTY). • Copies of any filed documents in this matter are also available for inspection in the Commission’s Reference Information Center: 445 12th Street, SW., Washington, DC 20554, (202) 418–7092. Federal Communications Commission. Elizabeth Andrion, Deputy Chief, Media Bureau. [FR Doc. E7–9552 Filed 5–16–07; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 27813 FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB Board of Governors of the Federal Reserve System SUMMARY: AGENCY: Background. Notice is hereby given of the final approval of proposed information collections by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board–approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instruments are placed into OMB’s public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. FOR FURTHER INFORMATION CONTACT: Federal Reserve Board Clearance Officer ––Michelle Shore––Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202–452–3829). OMB Desk Officer––Alexander T. Hunt––Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. Final approval under OMB delegated authority of the extension for three years, without revision, of the following reports: 1. Report title: Notification of Nonfinancial Data Processing Activities Agency form number: FR 4021 OMB control number: 7100–0306 Frequency: On occasion Reporters: Bank holding companies Annual reporting hours: 4 hours Estimated average hours per response: 2 hours Number of respondents: 2 General description of report: This information collection is required to obtain a benefit. (12 U.S.C. 1843(c)(8), (j) and (k)) and may be given confidential treatment upon request (5 U.S.C. 552(b)(4)). Abstract: Bank holding companies submit this notification to request permission to administer the 49–percent E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27811-27813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9552]


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FEDERAL COMMUNICATIONS COMMISSION

 [MM Docket No. 93-8; DA 07-2005]


Commission Seeks To Update the Record for a Petition for 
Reconsideration Regarding Home Shopping Stations

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission seeks to update the record 
for a Petition for Reconsideration filed by the Center for the Study of 
Commercialism (CSC), concerning stations that air home shopping 
programming and their status. The Commission seeks comment on CSC's 
argument that the Commission failed to consider in its public interest 
analysis the significant amount of commercial programming broadcast by 
home shopping stations; on the specific issues concerning how home 
shopping stations serve the people in their communities, including the 
elderly and homebound; on CSC's assertion that the Commission failed to 
consider information relevant to one of three statutory factors, i.e., 
competing demands for the spectrum; and on CSC's assertion that the 
Cable Act requires the Commission to consider non-broadcast uses in its 
analysis of competing demands for spectrum. The Commission would like 
to update the record for this proceeding before ruling on the petition.

[[Page 27812]]


DATES: Comments for this proceeding are due on or before June 18, 2007; 
reply comments are due on or before July 2, 2007.

ADDRESSES: You may submit comments, identified by MM Docket No. 93-8, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: https://
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.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Belinda Nixon, Belinda.Nixon@fcc.gov of the Media 
Bureau, Policy Division, (202) 418-1382. Press inquiries should be 
directed to Mary Diamond of the Media Bureau, (202) 418-2388. TTY: 
(202) 418-7172 or (888) 835-5322.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 07-2005 released on May 4, 2007. 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. These 
documents will also be available via ECFS (https://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).

Summary of the Notice

    1. In this Public Notice, the Commission seeks to update the record 
for a Petition for Reconsideration of its Report and Order in MM Docket 
No. 93-8 (58 FR 39156-01), concerning stations that air home shopping 
programming and their status under section 4(g) of the Cable Television 
Consumer Protection and Competition Act of 1992. In the Report and 
Order, the Commission concluded that television broadcast stations that 
are used predominantly for the transmission of sales presentations or 
program length commercials (such as home shopping stations) serve the 
public interest and are therefore qualified for mandatory cable 
carriage. The Center for the Study of Commercialism (CSC) filed a 
petition for reconsideration of that order. We issue this Public Notice 
because the Commission would like to update the record for this 
proceeding before ruling on the petition.
    2. On January 14, 1993, the Commission opened a proceeding to 
implement section 4(g) of the Cable Act of 1992. The Cable Act requires 
the Commission to determine, regardless of prior proceedings, whether 
home shopping broadcast stations are serving the public interest, 
convenience, and necessity. Pursuant to this provision, if the 
Commission finds that these stations serve the public interest, it must 
qualify them as local commercial television stations for the purposes 
of mandatory cable carriage, or must-carry. If the Commission found 
that one or more such stations did not serve the public interest, then 
the Act required the Commission to provide them with reasonable time to 
provide different programming. The Cable Act further provides that the 
Commission consider three factors in making its public interest 
determination: ``The viewing of home shopping stations, the level of 
competing demands for the spectrum allocated to such stations, and the 
role of such stations in providing competition to nonbroadcast services 
offering similar programming.''
    3. In the Report and Order, the Commission noted that the 
overwhelming majority of commenters in the proceeding contended that 
home shopping stations do serve the public interest, that their 
programming format should not adversely affect their renewal 
expectancy, and that they should be eligible for must-carry status. 
Addressing the first of the three factors enumerated in Section 4(g), 
the Commission found that home shopping stations have significant 
viewership. With respect to the second factor, the Commission found 
that it must consider the demands only of other television broadcasters 
and not the demands of services other than broadcast television. The 
Commission further found that the licensing process adequately took 
into account the competing demands of television broadcasters for the 
television broadcast spectrum. Finally, turning to the third factor, 
the Commission found that the existence and carriage of home shopping 
broadcast stations play a role in providing competition for 
nonbroadcast services supplying similar programming. Thus, the 
Commission found that each of the three statutory factors supported a 
conclusion that home shopping stations are serving the public interest.
    4. In addition, the Commission found that other factors, including 
the following, supported its conclusion: (1) Home shopping stations 
provide a needed and valuable service to people without the time or 
ability to obtain goods outside the home, including the disabled, 
elderly, and homebound; (2) home shopping stations fulfill public 
interest programming obligations; (3) the role played by the Home 
Shopping Network in assisting minority-controlled and other small and 
marginal stations to attain financial viability; and (4) lack of 
evidence that the marketplace had failed to serve television viewers 
based on the then-present number and variety of home shopping services. 
Accordingly, the Commission concluded that home shopping stations serve 
the public interest, and it therefore qualified them as local 
commercial television stations for the purposes of mandatory cable 
carriage.
    5. CSC argues that (1) the Commission did not consider the amount 
of the commercial programming home shopping stations broadcast when it 
concluded that such stations discharge their obligation to broadcast 
programming that is in the public interest; and (2) the Commission did 
not consider information relevant to the second of the three factors in 
section 4(g) relating to competing uses for the television broadcast 
spectrum.
    6. In order to update our records for this proceeding, we seek 
comment on the issues presented in the petition for reconsideration 
filed by CSC. CSC argues that the Commission failed to consider in its 
public interest analysis the significant amount of commercial 
programming broadcast by home shopping stations. We seek comments on 
this assertion. Additionally, in order to update the record, we're now 
seeking comment on the specific issues concerning how home shopping 
stations serve the people in their communities, including the elderly 
and homebound.
    7. We also seek comment on CSC's assertion that the Commission 
failed to consider information relevant to the second statutory factor, 
i.e., competing demands for the spectrum. Specifically,

[[Page 27813]]

CSC claims that the Commission failed to consider evidence regarding 
Congressional intent that the Commission consider non-broadcast uses 
for the television broadcast spectrum, such as those of police and fire 
departments. We seek comment on CSC's assertion that the Cable Act 
requires the Commission to consider non-broadcast uses in its analysis 
of competing demands for spectrum.
    8. Finally, given the passage of time since the Report and Order 
was adopted, we seek comment on the current number of broadcast 
stations that provide home shopping programs for the majority of their 
broadcast day. How do home shopping stations meet their public interest 
obligations? In particular, how do they comply with the requirements of 
the Children's Television Act of 1990 and licensees' obligation to 
provide coverage of issues facing their communities?
    9. Ex Parte Rules. This proceeding will be treated as a ``permit-
but-disclose'' proceeding subject to the ``permit-but-disclose'' 
requirements under section 1.1206(b) of the Commission's rules. Ex 
parte presentations are permissible if disclosed in accordance with 
Commission rules, except during the Sunshine Agenda period when 
presentations, ex parte or otherwise, are generally prohibited. Persons 
making oral ex parte presentations are reminded that a memorandum 
summarizing a presentation must contain a summary of the substance of 
the presentation and not merely a listing of the subjects discussed. 
More than a one- or two-sentence description of the views and arguments 
presented is generally required. Additional rules pertaining to oral 
and written presentations are set forth in section 1.1206(b).
    10. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments and reply comments on or before 
the dates indicated on the first page of this document. All filings 
must be submitted in MM Docket No. 93-8. Pleadings sent via e-mail to 
the Commission will be considered informal and will not be part of the 
official record. 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.

     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: https://www.regulations.gov. Filers 
should follow the instructions provided on the website for submitting 
comments.
     For ECFS filers, in completing the transmittal screen, 
filers should include their full name, U.S. Postal service mailing 
address, and the applicable docket number: MM Docket No. 93-8. Parties 
may also submit an electronic comment by Internet e-mail. To get filing 
instructions, filers should send an e-mail to ecfs@fcc.gov, and include 
the following words in the body of the message: ``get form''. A sample 
form and instructions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although we continue 
to experience delays in receiving U.S. Postal Service mail). All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class mail, Express Mail, and 
Priority Mail should be addressed to 445 12th Street, SW., Washington, 
D.C. 20554.
     People with Disabilities: To request materials in 
accessible formats for persons with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to fcc504@fcc.gov or 
contact the Consumer and Governmental Affairs Bureau at (202) 418-0530 
or (202) 418-7365 (TTY).
     Copies of any filed documents in this matter are also 
available for inspection in the Commission's Reference Information 
Center: 445 12th Street, SW., Washington, DC 20554, (202) 418-7092.

Federal Communications Commission.
Elizabeth Andrion,
Deputy Chief, Media Bureau.
 [FR Doc. E7-9552 Filed 5-16-07; 8:45 am]
BILLING CODE 6712-01-P
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