Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested, 69684-69686 [E7-23821]
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69684
Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices
Needs and Uses: This collection will
be submitted as an extension (no change
in reporting or recordkeeping
requirements) after this 60-day comment
period to Office of Management and
Budget (OMB) in order to obtain the full
three year clearance.
Disclosure of debris mitigation plans
as part of requests for FCC authorization
will help preserve the United States’
continued affordable access to space,
the continued provision of reliable U.S.
space-based services—including
communications and remote sensing
satellite services for the U.S.
commercial, government, and homeland
security purposes—as well as the
continued safety of persons and
property in space and on the surface of
the Earth. Disclosure of debris
mitigation plans will allow the
Commission and potentially affected
third parties to evaluate satellite
operators’ debris mitigation plans prior
to the issuance of a FCC approval for
communications activities in space.
Disclosure may also aid in the wider
dissemination of information
concerning debris mitigation techniques
and may provide a base-line of
information that will aid in analyzing
and refining those techniques. Without
disclosure of orbital debris mitigation
plans as part of applications for FCC
authority, the Commission would be
denied any opportunity to ascertain
whether satellite operators are in fact
considering and adopting reasonable
debris mitigation practices, which could
result in an increase in orbital debris
and a decrease in the utility of space for
communications and other uses.
Furthermore, the effects of collisions
involving orbital debris can be
catastrophic and may cause significant
damage to functional spacecraft or to
persons or property on the surface of the
Earth, if the debris re-enters the Earth’s
atmosphere in an uncontrolled manner.
OMB Control No.: 3060–1028.
Title: International Signaling Point
Code (ISPC).
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 20
respondents; 20 responses.
Estimated Time Per Response: .166
hours (10 minutes).
Frequency of Response: On occasion
reporting requirement and third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 7 hours.
Annual Cost Burden: N/A.
Privacy Act Impact Assessment: N/A.
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Nature and Extent of Confidentiality:
In general, there is no need for
confidentiality.
Needs and Uses: This collection will
be submitted as an extension (no change
in reporting or recordkeeping
requirements) after this 60-day comment
period to Office of Management and
Budget (OMB) in order to obtain the full
three year clearance.
An International Signaling Point Code
(ISPC) is a unique, seven-digit code
synonymously used to identify the
signaling network of each international
carrier. The ISPC has a unique format
that is used at the international level for
signaling message routing and
identification of signaling points. The
Commission receives ISPC applications
from international carriers on the
electronic, Internet-based International
Bureau Filing System (IBFS). After
receipt of the ISPC application, the
Commission assigns the ISPC code to
each applicant (international carrier)
free of charge on a first-come, firstserved basis. The collection of this
information is required to assign a
unique identification code to each
international carrier and to facilitate
communication among international
carriers by their use of the ISPC code on
the shared signaling network. The
Commission informs the International
Telecommunications Union (ITU) of its
assignment of ISPCs to international
carriers on an ongoing basis.
OMB Control No.: 3060–1029.
Title: Data Network Identification
Code (DNIC).
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 5
respondents; 5 responses.
Estimated Time Per Response: .25
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 1 hour.
Annual Cost Burden: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
In general, there is no need for
confidentiality.
Needs and Uses: This collection will
be submitted as an extension (no change
in reporting or recordkeeping
requirements) after this 60-day comment
period to Office of Management and
Budget (OMB) in order to obtain the full
three year clearance.
A Data Network Identification Code
(DNIC) is a unique, four-digit number
designed to provide discrete
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identification of individual public data
networks. The DNIC is intended to
identify and permit automated
switching of data traffic to particular
networks. The FCC grants the DNICs to
operators of public data networks on an
international protocol. The operators of
public data networks file an application
for a DNIC on the Internet-based,
International Bureau Filing System
(IBFS). The DNIC is obtained free of
charge on a one-time only basis unless
there is a change in ownership or the
owner chooses to relinquish the code to
the FCC. The Commission’s lack of an
assignment of DNICs to operators of
public data networks would result in
technical problems that prevent the
identification and automated switching
of data traffic to particular networks.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–23819 Filed 12–7–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority, Comments Requested
November 29, 2007.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and other
Federal agencies to take this
opportunity to (PRA) of 1995 (PRA),
Public Law 104–13. An agency may not
conduct or sponsor a collection of
information unless it displays a
currently valid control number. Subject
to the PRA, no person shall be subject
to any penalty for failing to comply with
a collection of information that does not
display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written PRA comments should
be submitted on or before February 8,
E:\FR\FM\10DEN1.SGM
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rmajette on PROD1PC64 with NOTICES
Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices
2008. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: You may submit all PRA
comments by e-mail or U.S. post mail.
To submit your comments by e-mail,
send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them
to the attention of Cathy Williams,
Federal Communications Commission,
Room 1–C823, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s), contact Cathy
Williams at (202) 418–2918 or send an
e-mail to PRA@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0185.
Type of Review: Extension of a
currently approved collection.
Title: Section 73.3613, Filing of
Contracts.
Form Number: Not applicable.
Respondents: Business or other forprofit entities; Not-for-profit
institutions.
Number of Respondents: 2,300.
Estimated Hours per Response: 0.25
to 0.5 hours
Frequency of Response:
Recordkeeping requirement; On
occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 950 hours.
Total Annual Cost: $80,000.
Privacy Impact Assessment: No
impact(s).
Nature of Response: Required to
obtain or retain benefits.
Confidentiality: No need for
confidentiality required.
Needs and Uses: 47 CFR 73.3613
requires each licensee or permittee of a
commercial or noncommercial AM, FM,
TV or International broadcast station
shall file with the FCC copies of the
following items: Contracts, instruments,
and documents together with
amendments, supplements, and
cancellations (with the substance of oral
contracts reported in writing), within 30
days of execution thereof:
(a) Network service: Network
affiliation contracts between stations
and networks will be reduced to writing
and filed as follows:
(1) All network affiliation contracts,
agreements, or understandings between
a TV broadcast or low power TV station
and a national network. For the
purposes of this paragraph the term
network means any person, entity, or
corporation which offers an
interconnected program service on a
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regular basis for 15 or more hours per
week to at least 25 affiliated television
licensees in 10 or more states; and/or
any person, entity, or corporation
controlling, controlled by, or under
common control with such person,
entity, or corporation.
(2) Each such filing on or after May 1,
1969, initially shall consist of a written
instrument containing all of the terms
and conditions of such contract,
agreement or understanding without
reference to any other paper or
document by incorporation or
otherwise. Subsequent filings may
simply set forth renewal, amendment or
change, as the case may be, of a
particular contract previously filed in
accordance herewith.
(3) The FCC shall also be notified of
the cancellation or termination of
network affiliations, contracts for which
are required to be filed by this section.
(b) Ownership or control: Contracts,
instruments or documents relating to
the present or future ownership or
control of the licensee or permittee or of
the licensee’s or permittee’s stock, rights
or interests therein, or relating to
changes in such ownership or control
shall include but are not limited to the
following:
(1) Articles of partnership,
association, and incorporation, and
changes in such instruments;
(2) Bylaws, and any instruments
effecting changes in such bylaws;
(3) Any agreement, document or
instrument providing for the assignment
of a license or permit, or affecting,
directly or indirectly, the ownership or
voting rights of the licensee’s or
permittee’s stock (common or preferred,
voting or nonvoting), such as:
(i) Agreements for transfer of stock;
(ii) Instruments for the issuance of
new stock; or
(iii) Agreements for the acquisition of
licensee’s or permittee’s stock by the
issuing licensee or permittee
corporation. Pledges, trust agreements,
options to purchase stock and other
executory agreements are required to be
filed. However, trust agreements or
abstracts thereof are not required to be
filed, unless requested specifically by
the FCC. Should the FCC request an
abstract of the trust agreement in lieu of
the trust agreement, the licensee or
permittee will submit the following
information concerning the trust:
(A) Name of trust;
(B) Duration of trust;
(C) Number of shares of stock owned;
(D) Name of beneficial owner of stock;
(E) Name of record owner of stock;
(F) Name of the party or parties who
have the power to vote or control the
vote of the shares; and
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Sfmt 4703
69685
(G) Any conditions on the powers of
voting the stock or any unusual
characteristics of the trust.
(4) Proxies with respect to the
licensee’s or permittee’s stock running
for a period in excess of 1 year, and all
proxies, whether or not running for a
period of 1 year, given without full and
detailed instructions binding the
nominee to act in a specified manner.
With respect to proxies given without
full and detailed instructions, a
statement showing the number of such
proxies, by whom given and received,
and the percentage of outstanding stock
represented by each proxy shall be
submitted by the licensee or permittee
within 30 days after the stockholders’
meeting in which the stock covered by
such proxies has been voted. However,
when the licensee or permittee is a
corporation having more than 50
stockholders, such complete
information need be filed only with
respect to proxies given by stockholders
who are officers or directors, or who
have 1% or more of the corporation’s
voting stock. When the licensee or
permittee is a corporation having more
than 50 stockholders and the
stockholders giving the proxies are not
officers or directors or do not hold 1%
or more of the corporation’s stock, the
only information required to be filed is
the name of any person voting 1% or
more of the stock by proxy, the number
of shares voted by proxy by such
person, and the total number of shares
voted at the particular stockholders’
meeting in which the shares were voted
by proxy.
(5) Mortgage or loan agreements
containing provisions restricting the
licensee’s or permittee’s freedom of
operation, such as those affecting voting
rights, specifying or limiting the amount
of dividends payable, the purchase of
new equipment, or the maintenance of
current assets.
(6) Any agreement reflecting a change
in the officers, directors or stockholders
of a corporation, other than the licensee
or permittee, having an interest, direct
or indirect, in the licensee or permittee
as specified by § 73.3615.
(7) Agreements providing for the
assignment of a license or permit or
agreements for the transfer of stock filed
in accordance with FCC application
Forms 314, 315, 316 need not be
resubmitted pursuant to the terms of
this rule provision.
(c) Personnel: (1) Management
consultant agreements with
independent contractors; contracts
relating to the utilization in a
management capacity of any person
other than an officer, director, or regular
employee of the licensee or permittee;
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rmajette on PROD1PC64 with NOTICES
69686
Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices
station management contracts with any
persons, whether or not officers,
directors, or regular employees, which
provide for both a percentage of profits
and a sharing in losses; or any similar
agreements.
(2) The following contracts,
agreements, or understandings need not
be filed: Agreements with persons
regularly employed as general or station
managers or salesmen; contracts with
program managers or program
personnel; contracts with attorneys,
accountants or consulting radio
engineers; contracts with performers;
contracts with station representatives;
contracts with labor unions; or any
similar agreements.
(d)(1) Time brokerage agreements
(also known as local marketing
agreements): Time brokerage agreements
involving radio stations where the
licensee (including all parties under
common ownership) is the brokering
entity, the brokering and brokered
stations are both in the same market as
defined in the local radio multiple
ownership rule contained in
§ 73.3555(a), and more than 15 percent
of the time of the brokered station, on
a weekly basis is brokered by that
licensee; time brokerage agreements
involving television stations where the
licensee (including all parties under
common control) is the brokering entity,
the brokering and brokered stations are
both licensed to the same market as
defined in the local television multiple
ownership rule contained in
§ 73.3555(b), and more than 15 percent
of the time of the brokered station, on
a weekly basis, is brokered by that
licensee; time brokerage agreements
involving radio or television stations
that would be attributable to the
licensee under § 73.3555 Note 2,
paragraph (i). Confidential or
proprietary information may be redacted
where appropriate but such information
shall be made available for inspection
upon request by the FCC.
(2) Joint sales agreements: Joint sales
agreements involving radio stations
where the licensee (including all parties
under common control) is the brokering
entity, the brokering and brokered
stations are both in the same market as
defined in the local radio multiple
ownership rule contained in
§ 73.3555(a), and more than 15 percent
of the advertising time of the brokered
station on a weekly basis is brokered by
that licensee. Confidential or
proprietary information may be redacted
where appropriate but such information
shall be made available for inspection
upon request by the FCC.
(e) The following contracts,
agreements or understandings need not
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Jkt 214001
be filed but shall be kept at the station
and made available for inspection upon
request by the FCC; subchannel leasing
agreements for Subsidiary
Communications Authorization
operation; franchise/leasing agreements
for operation of telecommunications
services on the television vertical
blanking interval and in the visual
signal; time sales contracts with the
same sponsor for 4 or more hours per
day, except where the length of the
events (such as athletic contests,
musical programs and special events)
broadcast pursuant to the contract is not
under control of the station; and
contracts with chief operators.
In June 2003, the Commission
adopted changes to 47 CFR 73.3613 and
the FCC’s attribution rules. As a result,
radio stations located in Arbitron radio
markets must now file agreements for
the sale of advertising time (i.e., ‘‘Joint
Sales Agreements’’ or ‘‘JSAs’’) that
result in attribution under the
Commission’s multiple ownership rules.
47 CFR 73.3613 requires licensees of
television and radio broadcast stations
to file with the Commission: (a)
Contracts relating to ownership or
control and personnel; and (b) time
brokerage agreements that result in
arrangements being counted under the
Commission’s multiple ownership rules.
Television stations also must file
network affiliation agreements. This
section also requires certain contracts to
be retained at the station and made
available for inspection by the
Commission upon request.
On June 24, 2004, the Court issued an
Opinion and Judgment (‘‘Remand
Order’’) in which it upheld certain
aspects of the new ownership rules,
including the attribution of JSAs among
radio stations, while requiring further
explanation for certain other aspects of
the new rules. The Court stated that its
prior stay of the new rules would
remain in effect pending the outcome of
the remand proceeding. The
Commission has not yet responded to
the Remand Order, but in the meantime
the Commission filed a petition for
rehearing requesting that the Court lift
the stay partially—i.e., with respect to
the radio ownership and JSA attribution
rules which the Court’s Remand Order
upheld.
On September 3, 2004, the Court
issued an Order (‘‘Rehearing Order’’)
which partially granted the
Commission’s petition for rehearing,
thus lifting the stay of the revised radio
ownership and JSA attribution rules. As
a result of the Rehearing Order, the
Commission’s revised radio ownership
and JSA attribution rules took effect on
September 3, 2004. Implementation of
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Fmt 4703
Sfmt 4703
the new radio ownership and JSA
attribution rules, as required by the
Rehearing Order, triggers the
requirement for certain licensees to
begin filing JSAs.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–23821 Filed 12–7–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
November 29, 2007.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and other
Federal agencies to take this
opportunity to (PRA) of 1995 (PRA),
Public Law 104–13. An agency may not
conduct or sponsor a collection of
information unless it displays a
currently valid control number. Subject
to the PRA, no person shall be subject
to any penalty for failing to comply with
a collection of information that does not
display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
Written PRA comments should
be submitted on or before February 8,
2008. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
DATES:
You may submit all PRA
comments by e-mail or U.S. post mail.
To submit your comments by e-mail,
send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them
to the attention of Cathy Williams,
Federal Communications Commission,
Room 1–C823, 445 12th Street, SW.,
Washington, DC 20554.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Notices]
[Pages 69684-69686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23821]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission for Extension Under Delegated
Authority, Comments Requested
November 29, 2007.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to (PRA) of
1995 (PRA), Public Law 104-13. An agency may not conduct or sponsor a
collection of information unless it displays a currently valid control
number. Subject to the PRA, no person shall be subject to any penalty
for failing to comply with a collection of information that does not
display a valid control number. Comments are requested concerning (a)
whether the proposed collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimate; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology.
DATES: Written PRA comments should be submitted on or before February
8,
[[Page 69685]]
2008. If you anticipate that you will be submitting comments, but find
it difficult to do so within the period of time allowed by this notice,
you should advise the contact listed below as soon as possible.
ADDRESSES: You may submit all PRA comments by e-mail or U.S. post mail.
To submit your comments by e-mail, send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them to the attention of Cathy
Williams, Federal Communications Commission, Room 1-C823, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection(s), contact Cathy Williams at (202) 418-2918 or
send an e-mail to PRA@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0185.
Type of Review: Extension of a currently approved collection.
Title: Section 73.3613, Filing of Contracts.
Form Number: Not applicable.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents: 2,300.
Estimated Hours per Response: 0.25 to 0.5 hours
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third party disclosure requirement.
Total Annual Burden: 950 hours.
Total Annual Cost: $80,000.
Privacy Impact Assessment: No impact(s).
Nature of Response: Required to obtain or retain benefits.
Confidentiality: No need for confidentiality required.
Needs and Uses: 47 CFR 73.3613 requires each licensee or permittee
of a commercial or noncommercial AM, FM, TV or International broadcast
station shall file with the FCC copies of the following items:
Contracts, instruments, and documents together with amendments,
supplements, and cancellations (with the substance of oral contracts
reported in writing), within 30 days of execution thereof:
(a) Network service: Network affiliation contracts between stations
and networks will be reduced to writing and filed as follows:
(1) All network affiliation contracts, agreements, or
understandings between a TV broadcast or low power TV station and a
national network. For the purposes of this paragraph the term network
means any person, entity, or corporation which offers an interconnected
program service on a regular basis for 15 or more hours per week to at
least 25 affiliated television licensees in 10 or more states; and/or
any person, entity, or corporation controlling, controlled by, or under
common control with such person, entity, or corporation.
(2) Each such filing on or after May 1, 1969, initially shall
consist of a written instrument containing all of the terms and
conditions of such contract, agreement or understanding without
reference to any other paper or document by incorporation or otherwise.
Subsequent filings may simply set forth renewal, amendment or change,
as the case may be, of a particular contract previously filed in
accordance herewith.
(3) The FCC shall also be notified of the cancellation or
termination of network affiliations, contracts for which are required
to be filed by this section.
(b) Ownership or control: Contracts, instruments or documents
relating to the present or future ownership or control of the licensee
or permittee or of the licensee's or permittee's stock, rights or
interests therein, or relating to changes in such ownership or control
shall include but are not limited to the following:
(1) Articles of partnership, association, and incorporation, and
changes in such instruments;
(2) Bylaws, and any instruments effecting changes in such bylaws;
(3) Any agreement, document or instrument providing for the
assignment of a license or permit, or affecting, directly or
indirectly, the ownership or voting rights of the licensee's or
permittee's stock (common or preferred, voting or nonvoting), such as:
(i) Agreements for transfer of stock;
(ii) Instruments for the issuance of new stock; or
(iii) Agreements for the acquisition of licensee's or permittee's
stock by the issuing licensee or permittee corporation. Pledges, trust
agreements, options to purchase stock and other executory agreements
are required to be filed. However, trust agreements or abstracts
thereof are not required to be filed, unless requested specifically by
the FCC. Should the FCC request an abstract of the trust agreement in
lieu of the trust agreement, the licensee or permittee will submit the
following information concerning the trust:
(A) Name of trust;
(B) Duration of trust;
(C) Number of shares of stock owned;
(D) Name of beneficial owner of stock;
(E) Name of record owner of stock;
(F) Name of the party or parties who have the power to vote or
control the vote of the shares; and
(G) Any conditions on the powers of voting the stock or any unusual
characteristics of the trust.
(4) Proxies with respect to the licensee's or permittee's stock
running for a period in excess of 1 year, and all proxies, whether or
not running for a period of 1 year, given without full and detailed
instructions binding the nominee to act in a specified manner. With
respect to proxies given without full and detailed instructions, a
statement showing the number of such proxies, by whom given and
received, and the percentage of outstanding stock represented by each
proxy shall be submitted by the licensee or permittee within 30 days
after the stockholders' meeting in which the stock covered by such
proxies has been voted. However, when the licensee or permittee is a
corporation having more than 50 stockholders, such complete information
need be filed only with respect to proxies given by stockholders who
are officers or directors, or who have 1% or more of the corporation's
voting stock. When the licensee or permittee is a corporation having
more than 50 stockholders and the stockholders giving the proxies are
not officers or directors or do not hold 1% or more of the
corporation's stock, the only information required to be filed is the
name of any person voting 1% or more of the stock by proxy, the number
of shares voted by proxy by such person, and the total number of shares
voted at the particular stockholders' meeting in which the shares were
voted by proxy.
(5) Mortgage or loan agreements containing provisions restricting
the licensee's or permittee's freedom of operation, such as those
affecting voting rights, specifying or limiting the amount of dividends
payable, the purchase of new equipment, or the maintenance of current
assets.
(6) Any agreement reflecting a change in the officers, directors or
stockholders of a corporation, other than the licensee or permittee,
having an interest, direct or indirect, in the licensee or permittee as
specified by Sec. 73.3615.
(7) Agreements providing for the assignment of a license or permit
or agreements for the transfer of stock filed in accordance with FCC
application Forms 314, 315, 316 need not be resubmitted pursuant to the
terms of this rule provision.
(c) Personnel: (1) Management consultant agreements with
independent contractors; contracts relating to the utilization in a
management capacity of any person other than an officer, director, or
regular employee of the licensee or permittee;
[[Page 69686]]
station management contracts with any persons, whether or not officers,
directors, or regular employees, which provide for both a percentage of
profits and a sharing in losses; or any similar agreements.
(2) The following contracts, agreements, or understandings need not
be filed: Agreements with persons regularly employed as general or
station managers or salesmen; contracts with program managers or
program personnel; contracts with attorneys, accountants or consulting
radio engineers; contracts with performers; contracts with station
representatives; contracts with labor unions; or any similar
agreements.
(d)(1) Time brokerage agreements (also known as local marketing
agreements): Time brokerage agreements involving radio stations where
the licensee (including all parties under common ownership) is the
brokering entity, the brokering and brokered stations are both in the
same market as defined in the local radio multiple ownership rule
contained in Sec. 73.3555(a), and more than 15 percent of the time of
the brokered station, on a weekly basis is brokered by that licensee;
time brokerage agreements involving television stations where the
licensee (including all parties under common control) is the brokering
entity, the brokering and brokered stations are both licensed to the
same market as defined in the local television multiple ownership rule
contained in Sec. 73.3555(b), and more than 15 percent of the time of
the brokered station, on a weekly basis, is brokered by that licensee;
time brokerage agreements involving radio or television stations that
would be attributable to the licensee under Sec. 73.3555 Note 2,
paragraph (i). Confidential or proprietary information may be redacted
where appropriate but such information shall be made available for
inspection upon request by the FCC.
(2) Joint sales agreements: Joint sales agreements involving radio
stations where the licensee (including all parties under common
control) is the brokering entity, the brokering and brokered stations
are both in the same market as defined in the local radio multiple
ownership rule contained in Sec. 73.3555(a), and more than 15 percent
of the advertising time of the brokered station on a weekly basis is
brokered by that licensee. Confidential or proprietary information may
be redacted where appropriate but such information shall be made
available for inspection upon request by the FCC.
(e) The following contracts, agreements or understandings need not
be filed but shall be kept at the station and made available for
inspection upon request by the FCC; subchannel leasing agreements for
Subsidiary Communications Authorization operation; franchise/leasing
agreements for operation of telecommunications services on the
television vertical blanking interval and in the visual signal; time
sales contracts with the same sponsor for 4 or more hours per day,
except where the length of the events (such as athletic contests,
musical programs and special events) broadcast pursuant to the contract
is not under control of the station; and contracts with chief
operators.
In June 2003, the Commission adopted changes to 47 CFR 73.3613 and
the FCC's attribution rules. As a result, radio stations located in
Arbitron radio markets must now file agreements for the sale of
advertising time (i.e., ``Joint Sales Agreements'' or ``JSAs'') that
result in attribution under the Commission's multiple ownership rules.
47 CFR 73.3613 requires licensees of television and radio broadcast
stations to file with the Commission: (a) Contracts relating to
ownership or control and personnel; and (b) time brokerage agreements
that result in arrangements being counted under the Commission's
multiple ownership rules. Television stations also must file network
affiliation agreements. This section also requires certain contracts to
be retained at the station and made available for inspection by the
Commission upon request.
On June 24, 2004, the Court issued an Opinion and Judgment
(``Remand Order'') in which it upheld certain aspects of the new
ownership rules, including the attribution of JSAs among radio
stations, while requiring further explanation for certain other aspects
of the new rules. The Court stated that its prior stay of the new rules
would remain in effect pending the outcome of the remand proceeding.
The Commission has not yet responded to the Remand Order, but in the
meantime the Commission filed a petition for rehearing requesting that
the Court lift the stay partially--i.e., with respect to the radio
ownership and JSA attribution rules which the Court's Remand Order
upheld.
On September 3, 2004, the Court issued an Order (``Rehearing
Order'') which partially granted the Commission's petition for
rehearing, thus lifting the stay of the revised radio ownership and JSA
attribution rules. As a result of the Rehearing Order, the Commission's
revised radio ownership and JSA attribution rules took effect on
September 3, 2004. Implementation of the new radio ownership and JSA
attribution rules, as required by the Rehearing Order, triggers the
requirement for certain licensees to begin filing JSAs.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-23821 Filed 12-7-07; 8:45 am]
BILLING CODE 6712-01-P
