Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission; Comments Requested, 22946-22948 [E8-9234]
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pwalker on PROD1PC71 with NOTICES
22946
Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Notices
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) 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 Paperwork Reduction
Act (PRA) comments should be
submitted on or before May 28, 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 contacts listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via Internet at
Nicholas_A._Fraser@omb.eop.gov or via
fax at (202) 395–5167 and to Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street, SW., Washington, DC or via
Internet at Cathy.Williams@fcc.gov or
PRA@fcc.gov.
To view a copy of this information
collection request (ICR) submitted to
OMB: (1) Go to the Web page https://
www.reginfo.gov/public/do/PRAMain,
(2) look for the section of the Web page
called ‘‘Currently Under Review,’’ (3)
click on the downward-pointing arrow
in the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB control number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Number: 3060–0568.
Title: Commercial Leased Access.
Form Number: Not applicable.
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18:22 Apr 25, 2008
Jkt 214001
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities, Not-for-profit
institutions.
Number of Respondents/Responses:
7,365 respondents; 152,315 responses.
Estimated Time per Response: 0.50
hours to 45 hours.
Frequency of Response: Annual
reporting requirement; On occasion
reporting requirement; Recordkeeping
requirement; Third party disclosure
requirement.
Total Annual Burden: 173,610.
Total Annual Cost: $105,000.
Nature of Response: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Section 154(i) and 612
of the Communications Act of 1934, as
amended.
Confidentiality: No need for
confidentiality required.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: On February 1, 2008,
the Commission released a Report and
Order and Further Notice of Proposed
Rulemaking, In the Matter of Leased
Commercial Access, MB Docket No. 07–
42, FCC 07–208. In this Report and
Order, we modify the leased access
rules. With respect to leased access, we
modify the leased access rate formula;
adopt customer service obligations that
require minimal standards and equal
treatment of leased access programmers
with other programmers; eliminate the
requirement for an independent
accountant to review leased access rates;
and require annual reporting of
information on leased access. We also
adopt expedited time frames for
resolution of complaints and improve
the discovery process. The commercial
leased access requirements are set forth
in Section 612 of the Communications
Act of 1934, as amended. The statute
and corresponding leased access rules
require a cable operator to set aside
channel capacity for commercial use by
unaffiliated video programmers. The
Commission’s rules implementing the
statute require that cable operators with
36 or more channels calculate rates for
leased access channels, maintain and
provide on request information
pertaining to leased access channels,
and provide billing and collection
services as required. The Commission
may be required to resolve complaints
about rates, terms and conditions of
leased access. Changes to the rules
increased the quantity of information
maintained and provided, increase the
information needed to calculate rates
and require the filing of an annual
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Sfmt 4703
report with the Commission on the
status of leased access channels.
In addition, the Commission is
consolidating information collection
OMB Control Number 3060–0569
(Commercial Leased Access Dispute
Resolution) into this collection OMB
Control Number 3060–0568.
Federal Communications Commission.
Jackie Coles,
Associate Secretary.
[FR Doc. E8–9233 Filed 4–25–08; 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
April 23, 2008.
SUMMARY: As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to comment
on the following information
collection(s). 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.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently 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.
DATES: Written PRA comments should
be submitted on or before June 27, 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
E:\FR\FM\28APN1.SGM
28APN1
Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Notices
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.
pwalker on PROD1PC71 with NOTICES
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0027.
Type of Review: Revision of a
currently approved collection.
Title: Application for Construction
Permit for Commercial Broadcast
Station.
Form Number: FCC Form 301.
Respondents: Business or other forprofit entities; Not-for-profit
institutions.
Number of Respondents/Responses:
4,278.
Estimated Time per Response: 2 to 5
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain benefits—Statutory authority for
this collection of information is
contained in Sections 154(i), 303, and
308 of the Communications Act of 1934,
as amended, and Section 204 of the
Telecommunications Act of 1996.
Total Annual Burden: 11,072 hours.
Total Annual Costs: $51,802,197.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: On December 18,
2007, the Commission adopted a Report
and Order and Order on
Reconsideration in its 2006 Quadrennial
Regulatory Review of the Commission’s
Broadcast Ownership Rules and Other
Rules Adopted Pursuant to Section 202
of the Telecommunications Act of 1996,
MB Docket No. 06–121, FCC 07–216.
Section 202 requires the Commission to
review its broadcast ownership rules
every four years and determine whether
any of such rules are necessary in the
public interest. Further, Section 202
requires the Commission to repeal or
modify any regulation it determines to
be no longer in the public interest.
Consistent with actions taken by the
Commission in the 2006 Quadrennial
Regulatory Review, the following
changes are made to Form 301: The
instructions to Form 301 are revised to
include a reference to the 2006
Quadrennial Regulatory Review as a
source of information regarding the
Commission’s multiple ownership
attribution policies and standards. Also,
VerDate Aug<31>2005
18:22 Apr 25, 2008
Jkt 214001
the language in Section A, IV of
Worksheet #2 in Form 301 is changed.
This worksheet is used in connection
with Section II, Item 4 of Form 301 to
determine the applicant’s compliance
with the Commission’s multiple
ownership rules and cross-ownership
rules set forth in 47 CFR 73.3555. The
revisions to the worksheet account for
changes made by the Commission in the
2006 Quadrennial Review to 47 CFR
73.3555(d), the Daily Newspaper CrossOwnership Rule. The revised rule
changes the circumstances under which
an entity may own a daily newspaper
and a radio station or television station
in the same designated market area. In
conjunction with this same rule change,
language from 47 CFR 73.3555(d) is
added to Section B of Worksheet #2 to
assist applicants in their determination
of compliance with the Daily
Newspaper Cross-Ownership Rule. 47
CFR 73.3555(d) (daily newspaper crossownership rule) states:
(1) No license for an AM, FM or TV
broadcast station shall be granted to any
party (including all parties under
common control) if such party directly
or indirectly owns, operates or controls
a daily newspaper and the grant of such
license will result in:
(i) The predicted or measured 2 mV/
m contour of an AM station, computed
in accordance with § 73.183 or § 73.186,
encompassing the entire community in
which such newspaper is published; or
(ii) The predicted 1 mV/m contour for
an FM station, computed in accordance
with § 73.313, encompassing the entire
community in which such newspaper is
published; or
(iii) The Grade A contour of a TV
station, computed in accordance with
§ 73.684, encompassing the entire
community in which such newspaper is
published.
(2) Paragraph (1) shall not apply in
cases where the Commission makes a
finding pursuant to Section 310(d) of
the Communications Act that the public
interest, convenience, and necessity
would be served by permitting an entity
that owns, operates or controls a daily
newspaper to own, operate or control an
AM, FM, or TV broadcast station whose
relevant contour encompasses the entire
community in which such newspaper is
published as set forth in paragraph (1).
(3) In making a finding under
paragraph (2), there shall be a
presumption that it is not inconsistent
with the public interest, convenience,
and necessity for an entity to own,
operate or control a daily newspaper in
a top 20 Nielsen DMA and one
commercial AM, FM or TV broadcast
station whose relevant contour
encompasses the entire community in
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22947
which such newspaper is published as
set forth in paragraph (1), provided that,
with respect to a combination including
a commercial TV station,
(i) The station is not ranked among
the top four TV stations in the DMA,
based on the most recent all-day (9
a.m.–midnight) audience share, as
measured by Nielsen Media Research or
by any comparable professional,
accepted audience ratings service; and
(ii) At least 8 independently owned
and operating major media voices
would remain in the DMA in which the
community of license of the TV station
in question is located (for purposes of
this provision major media voices
include full-power TV broadcast
stations and major newspapers).
(4) In making a finding under
paragraph (2), there shall be a
presumption that it is inconsistent with
the public interest, convenience, and
necessity for an entity to own, operate
or control a daily newspaper and an
AM, FM or TV broadcast station whose
relevant contour encompasses the entire
community in which such newspaper is
published as set forth in paragraph (1)
in a DMA other than the top 20 Nielsen
DMAs or in any circumstance not
covered under paragraph (3).
(5) In making a finding under
paragraph (2), the Commission shall
consider:
(i) Whether the combined entity will
significantly increase the amount of
local news in the market;
(ii) Whether the newspaper and the
broadcast outlets each will continue to
employ its own staff and each will
exercise its own independent news
judgment;
(iii) The level of concentration in the
Nielsen Designated Market Area (DMA);
and
(iv) The financial condition of the
newspaper or broadcast station, and if
the newspaper or broadcast station is in
financial distress, the proposed owner’s
commitment to invest significantly in
newsroom operations.
(6) In order to overcome the negative
presumption set forth in paragraph (4)
with respect to the combination of a
major newspaper and a television
station, the applicant must show by
clear and convincing evidence that the
co-owned major newspaper and station
will increase the diversity of
independent news outlets and increase
competition among independent news
sources in the market, and the factors
set forth above in paragraph (5) will
inform this decision.
(7) The negative presumption set forth
in paragraph (4) shall be reversed under
the following two circumstances:
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22948
Federal Register / Vol. 73, No. 82 / Monday, April 28, 2008 / Notices
(i) The newspaper or broadcast station
is failed or failing; or
(ii) The combination is with a
broadcast station that was not offering
local newscasts prior to the
combination, and the station will
initiate at least seven hours per week of
local news programming after the
combination.
Federal Communications Commission.
Jackie Coles,
Associate Secretary.
[FR Doc. E8–9234 Filed 4–25–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[Report No. 2863]
Petition for Reconsideration of Action
in Rulemaking Proceeding
April 17, 2008.
A Petition for Reconsideration has
been filed in the Commission’s
Rulemaking proceeding listed in this
Public Notice and published pursuant to
47 CFR 1.429(e). The full text of this
document is available for viewing and
copying in Room CY–B402, 445 12th
Street, SW., Washington, DC or may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.
(BCPI) (1–800–378–3160). Oppositions
to this petition must be filed by May 13,
2008. See Section 1.4(b)(1) of the
Commission’s rules (47 CFR 1.4(b)(1)).
Replies to an opposition must be filed
within 10 days after the time for filing
oppositions have expired.
Subject: In the Matter of Leased
Commercial Access (MB Docket No. 07–
42).
Number of Petitions Filed: 1.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–9179 Filed 4–25–08; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
[ME–2008–NO1; Docket GSA 2008–0005;
Sequence 1]
Financial Systems Integration Office
(FSIO); Federal Acquisition System
Requirements
Office of Governmentwide
Policy, GSA.
ACTION: Notice with request for
comments.
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AGENCY:
SUMMARY: The Office of
Governmentwide Policy invites
VerDate Aug<31>2005
18:22 Apr 25, 2008
Jkt 214001
comments on the proposed ‘‘Federal
Acquisition System Requirements.’’
This document gives functional, process
technical and data standards
requirements for software developers of
Government acquisition and contract
writing systems, and is regarded as a
draft document that will be revised to
consider input from comments solicited
from industry and other government
agencies during this open comment
period. This document will be a
baseline (as-is) document with the
understanding that it will be revised as
processes and data standards are
harmonized within the acquisition
domain and later as it harmonized with
other domains—primarily the Financial
Management Line of Business (FMLoB).
This document does not supersede or
obsolete documents, standards or
requirements issued by the Joint
Financial Management Improvement
Program (JFMIP), Financial Systems
Integration Office (FSIO) or the
Financial Management Line of Business
(FMLoB). Over time, efforts will be
made to harmonize across these
domains.
Mr.
Earl Warrington, Director, Integrated
Acquisition Environment, by telephone
at (703) 872–8609 or via e-mail to
earl.warrington@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
Interested parties should submit
written comments to the FAR
Secretariat on or before June 27, 2008.
ADDRESSES: Submit comments
identified by ME–2008–N01, by any of
the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘ME–2008–N01’’ under the
heading ‘‘Comment or Submission’’.
Select the link ‘‘Send a Comment or
Submission’’ that corresponds with ME–
2008–N01. Follow the instructions
provided to complete the ‘‘Public
Comment and Submission Form’’.
Please include your name, company
name (if any), and ‘‘ME–2008–N01’’ on
your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW., Room 4035,
ATTN: Diedra Wingate, Washington, DC
20405.
Instructions: Please submit comments
only and cite ME–2008-N01, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
DATES:
PO 00000
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Fmt 4703
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The FSIO
Federal Financial Management Systems
Requirements is a series of publications
entitled Federal Financial Management
System Requirements (FFMSR). The
FFMSR documents specify the
functional and technical requirements
that all financial management-related
systems must meet in order to be
considered compliant with Federal
standards as mandated by the Federal
Financial Management Improvement
Act (FFMIA). In the future Federal
Acquisition System Requirements will
evolve to create harmonization between
the Federal Financial and Acquisition
Communities.
This notice requests comments on the
Acquisition System Requirements
document, located at https://
www.acquisition.gov. This document
specifies the functional and technical
requirements that acquisition systems
must satisfy for Federal agency use. The
document was developed at the request
of the Chief Acquisition Officers
Council (CAOC) and Chief Financial
Officers Council (CFOC), demonstrating
a commitment to starting the process of
integrating the acquisition and finance
functions more effectively. These
requirements were drafted by the
Acquisition Requirements Team (ART),
consisting of representatives from both
communities. The ART members
recognize that agencies face major
challenges in streamlining and
automating procurement processes.
Having access to better acquisition
software is a first step toward this end.
A key prerequisite to developing better
software is to clearly define the
requirements that the software product
must meet.
The Office of Management and Budget
(OMB) Circular A–130, Management of
Federal Information Resources, requires
agencies to use commercially available
off-the-shelf (COTS) software to reduce
costs, improve the efficiency and
effectiveness of system improvement
projects, and reduce the risks inherent
in developing and implementing a new
system. To support this OMB mandate,
vendors will be required to offer
acquisition system products utilizing
COTS software to the greatest extent
practicable.
This document is part of a long-term
plan to have integration. The first
document, Joint Financial Management
Improvement Program (JFMIP)-Federal
Financial Management System
Requirements (FFMSP), [Document No.
JFMIP–SR–01–03, dated December 7,
2001], gave the list of touch points
between the financial and acquisition
domains and still stands. The current
document goes more in depth to
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[NOTI]
[Pages 22946-22948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9234]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission; Comments Requested
April 23, 2008.
SUMMARY: As part of its continuing effort to reduce paperwork burden
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal Communications Commission invites the general
public and other Federal agencies to comment on the following
information collection(s). 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. An agency may not conduct or
sponsor a collection of information unless it displays a currently
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.
DATES: Written PRA comments should be submitted on or before June 27,
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
[[Page 22947]]
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: 3060-0027.
Type of Review: Revision of a currently approved collection.
Title: Application for Construction Permit for Commercial Broadcast
Station.
Form Number: FCC Form 301.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents/Responses: 4,278.
Estimated Time per Response: 2 to 5 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain benefits--Statutory
authority for this collection of information is contained in Sections
154(i), 303, and 308 of the Communications Act of 1934, as amended, and
Section 204 of the Telecommunications Act of 1996.
Total Annual Burden: 11,072 hours.
Total Annual Costs: $51,802,197.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this information collection.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: On December 18, 2007, the Commission adopted a
Report and Order and Order on Reconsideration in its 2006 Quadrennial
Regulatory Review of the Commission's Broadcast Ownership Rules and
Other Rules Adopted Pursuant to Section 202 of the Telecommunications
Act of 1996, MB Docket No. 06-121, FCC 07-216. Section 202 requires the
Commission to review its broadcast ownership rules every four years and
determine whether any of such rules are necessary in the public
interest. Further, Section 202 requires the Commission to repeal or
modify any regulation it determines to be no longer in the public
interest.
Consistent with actions taken by the Commission in the 2006
Quadrennial Regulatory Review, the following changes are made to Form
301: The instructions to Form 301 are revised to include a reference to
the 2006 Quadrennial Regulatory Review as a source of information
regarding the Commission's multiple ownership attribution policies and
standards. Also, the language in Section A, IV of Worksheet 2
in Form 301 is changed. This worksheet is used in connection with
Section II, Item 4 of Form 301 to determine the applicant's compliance
with the Commission's multiple ownership rules and cross-ownership
rules set forth in 47 CFR 73.3555. The revisions to the worksheet
account for changes made by the Commission in the 2006 Quadrennial
Review to 47 CFR 73.3555(d), the Daily Newspaper Cross-Ownership Rule.
The revised rule changes the circumstances under which an entity may
own a daily newspaper and a radio station or television station in the
same designated market area. In conjunction with this same rule change,
language from 47 CFR 73.3555(d) is added to Section B of Worksheet
2 to assist applicants in their determination of compliance
with the Daily Newspaper Cross-Ownership Rule. 47 CFR 73.3555(d) (daily
newspaper cross-ownership rule) states:
(1) No license for an AM, FM or TV broadcast station shall be
granted to any party (including all parties under common control) if
such party directly or indirectly owns, operates or controls a daily
newspaper and the grant of such license will result in:
(i) The predicted or measured 2 mV/m contour of an AM station,
computed in accordance with Sec. 73.183 or Sec. 73.186, encompassing
the entire community in which such newspaper is published; or
(ii) The predicted 1 mV/m contour for an FM station, computed in
accordance with Sec. 73.313, encompassing the entire community in
which such newspaper is published; or
(iii) The Grade A contour of a TV station, computed in accordance
with Sec. 73.684, encompassing the entire community in which such
newspaper is published.
(2) Paragraph (1) shall not apply in cases where the Commission
makes a finding pursuant to Section 310(d) of the Communications Act
that the public interest, convenience, and necessity would be served by
permitting an entity that owns, operates or controls a daily newspaper
to own, operate or control an AM, FM, or TV broadcast station whose
relevant contour encompasses the entire community in which such
newspaper is published as set forth in paragraph (1).
(3) In making a finding under paragraph (2), there shall be a
presumption that it is not inconsistent with the public interest,
convenience, and necessity for an entity to own, operate or control a
daily newspaper in a top 20 Nielsen DMA and one commercial AM, FM or TV
broadcast station whose relevant contour encompasses the entire
community in which such newspaper is published as set forth in
paragraph (1), provided that, with respect to a combination including a
commercial TV station,
(i) The station is not ranked among the top four TV stations in the
DMA, based on the most recent all-day (9 a.m.-midnight) audience share,
as measured by Nielsen Media Research or by any comparable
professional, accepted audience ratings service; and
(ii) At least 8 independently owned and operating major media
voices would remain in the DMA in which the community of license of the
TV station in question is located (for purposes of this provision major
media voices include full-power TV broadcast stations and major
newspapers).
(4) In making a finding under paragraph (2), there shall be a
presumption that it is inconsistent with the public interest,
convenience, and necessity for an entity to own, operate or control a
daily newspaper and an AM, FM or TV broadcast station whose relevant
contour encompasses the entire community in which such newspaper is
published as set forth in paragraph (1) in a DMA other than the top 20
Nielsen DMAs or in any circumstance not covered under paragraph (3).
(5) In making a finding under paragraph (2), the Commission shall
consider:
(i) Whether the combined entity will significantly increase the
amount of local news in the market;
(ii) Whether the newspaper and the broadcast outlets each will
continue to employ its own staff and each will exercise its own
independent news judgment;
(iii) The level of concentration in the Nielsen Designated Market
Area (DMA); and
(iv) The financial condition of the newspaper or broadcast station,
and if the newspaper or broadcast station is in financial distress, the
proposed owner's commitment to invest significantly in newsroom
operations.
(6) In order to overcome the negative presumption set forth in
paragraph (4) with respect to the combination of a major newspaper and
a television station, the applicant must show by clear and convincing
evidence that the co-owned major newspaper and station will increase
the diversity of independent news outlets and increase competition
among independent news sources in the market, and the factors set forth
above in paragraph (5) will inform this decision.
(7) The negative presumption set forth in paragraph (4) shall be
reversed under the following two circumstances:
[[Page 22948]]
(i) The newspaper or broadcast station is failed or failing; or
(ii) The combination is with a broadcast station that was not
offering local newscasts prior to the combination, and the station will
initiate at least seven hours per week of local news programming after
the combination.
Federal Communications Commission.
Jackie Coles,
Associate Secretary.
[FR Doc. E8-9234 Filed 4-25-08; 8:45 am]
BILLING CODE 6712-01-P
