Notice of Public Information Collection(s) Approved by the Office of Management and Budget, 39303-39305 [E8-15584]
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Notices
closing date and will provide a
Response to Comments Memorandum in
the Dockets and www.regulations.gov.
The final registration review decisions
will explain the effect that any
comments have had on the decisions.
Background on the registration review
program is provided at: https://
www.epa.gov/oppsrrd1/
registration_review/. Quick links to
earlier documents related to the
registration review of this pesticide are
provided at: https://www.epa.gov/
oppsrrd1/registration_review/
reg_review_status.htm/. Additional
information about biopesticides can be
obtained by an alphabetical search of
the Biopesticide Active Ingredient Fact
Sheets on https://www.epa.gov/
oppbppd1/biopesticides/ingredients/
index.htm
B. What is the Agency’s Authority for
Taking this Action?
FIFRA Section 3(g) and 40 CFR 155.40
provide authority for this action.
List of Subjects
Environmental protection, Pesticides,
and pests, Registration review.
Dated: June 30, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs
[FR Doc. E8–15442 Filed 7–8–08; 8:45 a.m.]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Approved by the Office of
Management and Budget
jlentini on PROD1PC65 with NOTICES
July 2, 2008.
SUMMARY: The Federal Communications
Commission has received Office of
Management and Budget (OMB)
approval for the following public
information collection(s) pursuant to the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). An agency may not
conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number,
and no person is required to respond to
a collection of information unless it
displays a currently valid OMB control
number. Comments concerning the
accuracy of the burden estimate(s) and
any suggestions for reducing the burden
should be directed to the person listed
in the FOR FURTHER INFORMATION
CONTACT section below.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Cathy
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16:15 Jul 08, 2008
Jkt 214001
Williams, Performance and Evaluation
Records Management Division, Office of
the Managing Director, at (202) 418–
2918 or at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0031.
OMB Approval Date: June 23, 2008.
Expiration Date: June 30, 2011.
Title: Application for Consent to
Assignment of Broadcast Station
Construction Permit or License;
Application for Consent to Transfer
Control of Entity Holding Broadcast
Station Construction Permit or License;
section 73.3580, Local Public Notice of
Filing of Broadcast Applications.
Form Number: FCC Forms 314 and
315.
Estimated Annual Burden: 12,210
responses; 1–5 hours per response;
18,790 hours total per year.
Annual Cost Burden: $33,989,570.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in 154(i), 303
and 308 of the Communications Act of
1934, as amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: The Instructions to
Forms 314 and 315 have been revised to
reflect the new ownership limits
adopted in the Third Report and Order
and Second Notice of Proposed
Rulemaking, FCC 07–204 (released
December 11, 2007), namely, that an
entity may own only one LPFM station.
By amending the Rules to permanently
limit LPFM eligibility, the Commission
is protecting the public interest in
localism and fostering greater diversity
of programming from community
sources. Forms 314 and 315 have also
been revised to reflect the three-year
holding period of an LPFM license, as
adopted in the Third Report and Order,
during which a licensee cannot transfer
or assign a license, and must operate the
station. That restriction will prevent
entities from using the LPFM
assignment and transfer process to
undermine the Commission’s LPFM
policies and will ensure that the
benefits to the public which were the
basis for the license grant will be
realized.
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 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
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39303
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 Forms 314 and 315.
The instructions to Forms 314 and 315
have been 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. The language in section A, IV
of Worksheet 3 in Forms 314 and 315
is revised. This worksheet is used in
connection with section III, Item 6b of
Form 314 and section IV, Item 8b of
Form 315 to determine the applicant’s
compliance with the Commission’s
multiple ownership rules and crossownership 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 section B of Worksheet
3 of Form 314, the description of a
‘‘Daily Newspaper’’ is changed to
comport to the definition of
‘‘Newspaper’’ contained in 47 CFR
73.3555(c)(3)(iii) that the Commission
revised in the 2006 Quadrennial
Regulatory Review. In section B of
Worksheet 3 of Form 315, language from
47 CFR 73.3555(d) is added to assist
applicants in their determination of
compliance with the Daily Newspaper
Cross-Ownership Rule. Therefore, 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
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
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39304
Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Notices
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 operated
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,
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Jkt 214001
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: (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. FCC Form 314 and the
applicable exhibits/explanations are
required to be filed when applying for
consent for assignment of an AM, FM,
LPFM or TV broadcast station
construction permit or license. In
addition, the applicant must notify the
Commission when an approved
assignment of a broadcast station
construction permit or license has been
consummated. FCC Form 315 and
applicable exhibits/explanations are
required to be filed when applying for
transfer of control of an entity holding
an AM, FM, LPFM or TV broadcast
station construction permit or license.
In addition, the applicant must notify
the Commission when an approved
transfer of control of a broadcast station
construction permit or license has been
consummated. Due to the similarities in
the information collected by these two
forms, OMB has assigned both forms
OMB Control Number 3060–0031.
47 CFR 73.3580 requires local public
notice in a newspaper of general
circulation of the filing of all
applications for transfer of control of
license/permit. This notice must be
completed within 30 days of the
tendering of the application. This notice
must be published at least twice a week
for two consecutive weeks in a threeweek period. A copy of this notice must
be placed in the public inspection file
along with the application.
Additionally, an applicant for transfer of
control of license must broadcast the
same notice over the station at least
once daily on four days in the second
week immediately following the
tendering for filing of the application.
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Sfmt 4703
The Commission’s actions in this
proceeding did not revise this
requirement.
OMB Control Number: 3060–0110.
OMB Approval Date: June 23, 2008.
Expiration Date: June 30, 2011.
Title: Application for Renewal of
Broadcast Station License; Section
73.3555(d), Daily Newspaper Cross
Ownership.
Form Number: FCC Form 303–S.
Estimated Annual Burden: 3,217
responses; 1–11.83 hours per response;
6,335 hours total per year.
Annual Cost Burden: $1,730,335.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in 154(i), 303,
307 and 308 of the Communications Act
of 1934, as amended, and section 204 of
the Telecommunications Act of 1996.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
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 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,
changes are made to Form 303–S to
account for revisions made 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
section III of Form 303–S, a new
Question 7 is added which asks the
licensee to certify that neither it nor any
party to the application has an
attributable interest in a newspaper that
is within the scope of 47 CFR
73.3555(d). Instructions for this new
question are added to Form 303–S, and
include a reference to the 2006
Quadrennial Regulatory Review as a
source of information regarding the
Commission’s newspaper/broadcast
cross-ownership rule. Therefore, 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
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Notices
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
VerDate Aug<31>2005
16:15 Jul 08, 2008
Jkt 214001
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: (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. FCC Form 303–S is used
in applying for renewal of license for a
commercial or noncommercial AM, FM
or TV broadcast station and FM
translator, TV translator or Low Power
TV (LTV), and Low Power FM broadcast
stations. It can also be used in seeking
the joint renewal of licenses for an FM
or TV translator station and its coowned primary FM, TV, or LPTV
station.
This collection also includes the third
party disclosure requirement of 47 CFR
Section 73.3580. This section requires
local public notice of the filing of the
renewal application. For AM, FM, and
TV stations, these announcements are
made on-the-air. For FM/TV Translators
and AM/FM/TV stations that are silent,
the local public notice is accomplished
through publication in a newspaper of
general circulation in the community or
area being served.
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39305
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8–15584 Filed 7–8–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review to the Office of Management
and Budget, Comments Requested
July 2, 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 August 8,
2008. If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Submit your comments to
Nicholas A. Fraser, Office of
Management and Budget (e-mail
address: nfraser@omb.eop.gov), and to
the Federal Communications
Commission’s PRA mailbox (e-mail
address: PRA@fcc.gov). Include in the emails the OMB control number of the
collection as shown in the
SUPPLEMENTARY INFORMATION section
below or, if there is no OMB control
number, the Title as shown in the
SUPPLEMENTARY INFORMATION section. If
you are unable to submit your
E:\FR\FM\09JYN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Notices]
[Pages 39303-39305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15584]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Approved by the Office
of Management and Budget
July 2, 2008.
SUMMARY: The Federal Communications Commission has received Office of
Management and Budget (OMB) approval for the following public
information collection(s) pursuant to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520). An agency may not conduct or sponsor a
collection of information unless it displays a currently valid OMB
control number, and no person is required to respond to a collection of
information unless it displays a currently valid OMB control number.
Comments concerning the accuracy of the burden estimate(s) and any
suggestions for reducing the burden should be directed to the person
listed in the FOR FURTHER INFORMATION CONTACT section below.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Cathy Williams, Performance and Evaluation Records Management Division,
Office of the Managing Director, at (202) 418-2918 or at
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0031.
OMB Approval Date: June 23, 2008.
Expiration Date: June 30, 2011.
Title: Application for Consent to Assignment of Broadcast Station
Construction Permit or License; Application for Consent to Transfer
Control of Entity Holding Broadcast Station Construction Permit or
License; section 73.3580, Local Public Notice of Filing of Broadcast
Applications.
Form Number: FCC Forms 314 and 315.
Estimated Annual Burden: 12,210 responses; 1-5 hours per response;
18,790 hours total per year.
Annual Cost Burden: $33,989,570.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
154(i), 303 and 308 of the Communications Act of 1934, as amended.
Nature and Extent of Confidentiality: There is no need for
confidentiality.
Needs and Uses: The Instructions to Forms 314 and 315 have been
revised to reflect the new ownership limits adopted in the Third Report
and Order and Second Notice of Proposed Rulemaking, FCC 07-204
(released December 11, 2007), namely, that an entity may own only one
LPFM station. By amending the Rules to permanently limit LPFM
eligibility, the Commission is protecting the public interest in
localism and fostering greater diversity of programming from community
sources. Forms 314 and 315 have also been revised to reflect the three-
year holding period of an LPFM license, as adopted in the Third Report
and Order, during which a licensee cannot transfer or assign a license,
and must operate the station. That restriction will prevent entities
from using the LPFM assignment and transfer process to undermine the
Commission's LPFM policies and will ensure that the benefits to the
public which were the basis for the license grant will be realized.
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 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 Forms
314 and 315. The instructions to Forms 314 and 315 have been 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. The language in section A, IV of
Worksheet 3 in Forms 314 and 315 is revised. This worksheet is used in
connection with section III, Item 6b of Form 314 and section IV, Item
8b of Form 315 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 section B of Worksheet 3 of Form 314, the
description of a ``Daily Newspaper'' is changed to comport to the
definition of ``Newspaper'' contained in 47 CFR 73.3555(c)(3)(iii) that
the Commission revised in the 2006 Quadrennial Regulatory Review. In
section B of Worksheet 3 of Form 315, language from 47 CFR 73.3555(d)
is added to assist applicants in their determination of compliance with
the Daily Newspaper Cross-Ownership Rule. Therefore, 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
[[Page 39304]]
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 operated 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: (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. FCC Form 314 and
the applicable exhibits/explanations are required to be filed when
applying for consent for assignment of an AM, FM, LPFM or TV broadcast
station construction permit or license. In addition, the applicant must
notify the Commission when an approved assignment of a broadcast
station construction permit or license has been consummated. FCC Form
315 and applicable exhibits/explanations are required to be filed when
applying for transfer of control of an entity holding an AM, FM, LPFM
or TV broadcast station construction permit or license. In addition,
the applicant must notify the Commission when an approved transfer of
control of a broadcast station construction permit or license has been
consummated. Due to the similarities in the information collected by
these two forms, OMB has assigned both forms OMB Control Number 3060-
0031.
47 CFR 73.3580 requires local public notice in a newspaper of
general circulation of the filing of all applications for transfer of
control of license/permit. This notice must be completed within 30 days
of the tendering of the application. This notice must be published at
least twice a week for two consecutive weeks in a three-week period. A
copy of this notice must be placed in the public inspection file along
with the application. Additionally, an applicant for transfer of
control of license must broadcast the same notice over the station at
least once daily on four days in the second week immediately following
the tendering for filing of the application. The Commission's actions
in this proceeding did not revise this requirement.
OMB Control Number: 3060-0110.
OMB Approval Date: June 23, 2008.
Expiration Date: June 30, 2011.
Title: Application for Renewal of Broadcast Station License;
Section 73.3555(d), Daily Newspaper Cross Ownership.
Form Number: FCC Form 303-S.
Estimated Annual Burden: 3,217 responses; 1-11.83 hours per
response; 6,335 hours total per year.
Annual Cost Burden: $1,730,335.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
154(i), 303, 307 and 308 of the Communications Act of 1934, as amended,
and section 204 of the Telecommunications Act of 1996.
Nature and Extent of Confidentiality: There is no need for
confidentiality.
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
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, changes are made to Form 303-S to account for
revisions made 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 section III of Form 303-
S, a new Question 7 is added which asks the licensee to certify that
neither it nor any party to the application has an attributable
interest in a newspaper that is within the scope of 47 CFR 73.3555(d).
Instructions for this new question are added to Form 303-S, and include
a reference to the 2006 Quadrennial Regulatory Review as a source of
information regarding the Commission's newspaper/broadcast cross-
ownership rule. Therefore, 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
[[Page 39305]]
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: (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. FCC Form 303-S is
used in applying for renewal of license for a commercial or
noncommercial AM, FM or TV broadcast station and FM translator, TV
translator or Low Power TV (LTV), and Low Power FM broadcast stations.
It can also be used in seeking the joint renewal of licenses for an FM
or TV translator station and its co-owned primary FM, TV, or LPTV
station.
This collection also includes the third party disclosure
requirement of 47 CFR Section 73.3580. This section requires local
public notice of the filing of the renewal application. For AM, FM, and
TV stations, these announcements are made on-the-air. For FM/TV
Translators and AM/FM/TV stations that are silent, the local public
notice is accomplished through publication in a newspaper of general
circulation in the community or area being served.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8-15584 Filed 7-8-08; 8:45 am]
BILLING CODE 6712-01-P
