Notice of Public Information Collection(s) Approved by the Office of Management and Budget, 50616-50618 [E8-19886]
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50616
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued
Registration No.
Product Name
74655–13
Spectrum RX-52
A request to waive the 180-day
comment period has been received for
registration numbers 464–683, 464–684,
464–686, 74655–5, 74655–8 and 74655–
13. Therefore, the 30 day comment
period will apply for these registrations.
Unless a request is withdrawn by the
registrant within 30 days of publication
of this notice, orders will be issued
canceling all of these registrations.
Users of these pesticides or anyone else
desiring the retention of a registration
should contact the applicable registrant
directly during this 30–day period.
Table 2 of this unit includes the
names and addresses of record for all
registrants of the products in Table 1 of
this unit, in sequence by EPA company
number:
TABLE 2.—REGISTRANTS REQUESTING
VOLUNTARY CANCELLATION
EPA Company
No.
Company Name and
Address
464
The Dow Chemical
Company
1500 E. Lake Cook
Road
Buffalo Grove,IL
60089
74655
Hercules Incorporated
Paper Technology
and Ventures
7910 Baymeadows
Way
Jacksonville, FL
32256
III. What is the Agency’s Authority for
Taking this Action?
Section 6(f)(1) of FIFRA provides that
a registrant of a pesticide product may
at any time request that any of its
pesticide registrations be canceled.
FIFRA further provides that, before
acting on the request, EPA must publish
a notice of receipt of any such request
in the Federal Register. Thereafter, the
Administrator may approve such a
request.
sroberts on PROD1PC70 with NOTICES
IV. Procedures for Withdrawal of
Request
Registrants who choose to withdraw a
request for cancellation must submit
such withdrawal in writing to the
person listed under FOR FURTHER
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Chemical Name
18:52 Aug 26, 2008
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Bromonitrostyrene
INFORMATION CONTACT, postmarked
before September 26, 2008. This written
withdrawal of the request for
cancellation will apply only to the
applicable FIFRA section 6(f)(1) request
listed in this notice. If the product(s)
have been subject to a previous
cancellation action, the effective date of
cancellation and all other provisions of
any earlier cancellation action are
controlling. The withdrawal request
must also include a commitment to pay
any reregistration fees due, and to fulfill
any applicable unsatisfied data
requirements.
List of Subjects
Environmental protection, Pesticides
and pests, Antimicrobials,
Bromonitrostyrene.
V. Provisions for Disposition of Existing
Stocks
Notice of Public Information
Collection(s) Approved by the Office of
Management and Budget
The effective date of cancellation will
be the date of the cancellation order.
The orders effecting these requested
cancellations will generally permit a
registrant to sell or distribute existing
stocks for 1 year after the date the
cancellation request was received. This
policy is in accordance with the
Agency’s statement of policy as
prescribed in the Federal Register of
June 26, 1991 (56 FR 29362) (FRL–
3846–4). Exceptions to this general rule
will be made if a product poses a risk
concern, or is in noncompliance with
reregistration requirements, or is subject
to a data call-in. In all cases, productspecific disposition dates will be given
in the cancellation orders.
Existing stocks are those stocks of
registered pesticide products which are
currently in the United States and
which have been packaged, labeled, and
released for shipment prior to the
effective date of the cancellation action.
Unless the provisions of an earlier order
apply, existing stocks already in the
hands of dealers or users can be
distributed, sold, or used legally until
they are exhausted, provided that such
further sale and use comply with the
EPA-approved label and labeling of the
affected product. Exception to these
general rules will be made in specific
cases when more stringent restrictions
on sale, distribution, or use of the
products or their ingredients have
already been imposed, as in a special
review action, or where the Agency has
identified significant potential risk
concerns associated with a particular
chemical.
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Dated: August 20, 2008.
Mark A. Hartman,
Acting Director, Antimicrobials Division,
Office of Pesticide Programs.
[FR Doc. E8–19760 Filed 8–26–08; 8:45 a.m.]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
August 20, 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: 3060–0027.
OMB Approval Date: August 8, 2008.
Expiration Date: August 31, 2011.
Title: Application for Construction
Permit for Commercial Broadcast
Station.
Form Number: FCC Form 301.
Estimated Annual Burden: 4,278
responses; 2–5 hours per response;
11,072 hours total per year.
Annual Cost Burden: $51,802,197.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in 154(i), 303
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sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
and 308 of the Communications Act of
1934, as amended.
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 (‘‘Quadrennial Order’’)
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.
FCC Form 301 and the applicable
exhibits/explanations are required to be
filed when applying for authority to
construct a new commercial AM, FM, or
TV broadcast station or to make changes
in the existing facilities of such a
station. The instructions and a
worksheet included with Form 301 have
been revised to reflect the changes to the
daily newspaper cross-ownership rule,
47 CFR 73.3555(d) that the Commission
adopted in the Quadrennial Order. The
rule change to section 73.3555(d) of the
Commission’s rules was published in
the Federal Register on February 21,
2008 (73 FR 9481) and became effective
on July 9, 2008 (73 FR 39269).
The instructions for Section II (Legal
Information) to Form 301 have been
revised to include a reference to the
Quadrennial Order as a source of
information regarding the Commission’s
multiple ownership rules and
attribution rules in order for applicants
to determine relevant parties to the
application. Worksheet #2, Section
A.IV. (Cross Ownership) and Section B
(Family Relationships), which
applicants use to respond to Section II,
Item 4 (Multiple Ownership) of Form
301, have been revised to incorporate
the new newspaper/broadcast crossownership rule, 47 CFR 73.3555(d) and
the revised definition of a ‘‘‘Daily
Newspaper,’’ Note 6 to 47 CFR 73.3555,
that the Commission adopted in the
Quadrennial Order. An applicant uses
Worksheet #2 to determine the
circumstances under which an entity
may own a daily newspaper and a
broadcast station in the same local
market.
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
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18:52 Aug 26, 2008
Jkt 214001
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 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
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Sfmt 4703
50617
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. Note 6 to 47 CFR 73.3555
states: For purposes of this section a
daily newspaper is one which is
published four or more days per week,
which is in the dominant language in
the market, and which is circulated
generally in the community of
publication. A college newspaper is not
considered as being circulated
generally.
47 CFR 73.3580 requires that
applicants for construction permits for
new broadcast stations and for major
change in existing broadcast facilities
(as defined in 47 CFR 73.3571(a)(1) (for
AM applicants), 73.3572(a)(1) (for
television applicants), or 73.3573(a)(1)
(for FM applicants)) give local notice in
a newspaper of general circulation in
the community to which the station is
licensed. This publication requirement
also applies with respect to major
amendments as defined in 47 CFR
73.3571(b) (AM), 73.3772(b) (television),
and 73.3573(b) (FM). This publication
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices
requirement also applies with respect to
applications for minor modification to
existing AM and FM facilities in which
the applicant seeks to change the
existing facility’s community of license.
Local notice is also required to be
broadcast over the station, if operating.
However, if the station is the only
operating station in its broadcast service
licensed to the community involved,
publication of the notice in a newspaper
is not required. Completion of
publication may occur within 30 days
before or after the tender of the
application to the Commission.
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 a broadcast
station’s public inspection file along
with the application. The Commission’s
actions in this proceeding did not revise
this requirement.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–19886 Filed 8–26–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Bureau debarred Mr. William Holman
from the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 54.8
and 47 CFR 0.111. Attached is the
debarment letter, DA 08–1865, which
was mailed to Mr. William Holman and
released on August 7, 2008. The
complete text of the notice of debarment
is available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portal II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
In addition, the complete text is
available on the FCC’s Web site at
https://www.fcc.gov. The text may also be
purchased from the Commission’s
duplicating inspection and copying
during regular business hours at the
contractor, Best Copy and Printing, Inc.,
Portal II, 445 12th Street, SW., Room
CY–B420, Washington, DC 20554,
telephone (202) 488–5300 or (800) 378–
3160, facsimile (202) 488–5563, or via email https://www.bcpiweb.com.
Federal Communications Commission.
Vickie Robinson,
Assistant Chief, Investigations and Hearings
Division, Enforcement Bureau.
[DA 08–1865]
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
The debarment letter, which attached
the suspension letter, follows:
Federal Communications
Commission.
ACTION: Notice.
DA 08–1865
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED AND
FACSIMILE (415–773–5759)
Mr. William Holman, c/o Walter F.
Brown, Jr., Esq., Orrick, Herrington
& Sutcliffe, LLP, The Orrick
Building, 405 Howard Street, San
Francisco, CA 94105–2669
Re: Notice of Debarment, File No. EB–
08–IH–1142
Dear Mr. Holman: Pursuant to section
54.8 of the rules of the Federal
Communications Commission (the
‘‘Commission’’), by this Notice of
Debarment you are debarred from the
schools and libraries universal service
support mechanism (or ‘‘E-Rate
program’’) for a period of three years.1
On May 19, 2008, the Enforcement
Bureau (the ‘‘Bureau’’) sent you a Notice
of Suspension and Initiation of
Debarment Proceedings (the ‘‘Notice of
Suspension’’) 2 as a result of your guilty
August 7, 2008.
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AGENCY:
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) debars Mr. William Holman
from the schools and libraries universal
service support mechanism (or ‘‘E-Rate
Program’’) for a period of three years
based on his conviction of bid rigging in
connection with his participation in the
program. The Bureau takes this action to
protect the E-Rate Program from waste,
fraud and abuse.
DATES: Debarment commences on the
date Mr. William Holman receives the
debarment letter or August 27, 2008,
whichever date come first, for a period
of three years.
FOR FURTHER INFORMATION CONTACT:
Rebekah Bina, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street, SW.,
Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202)
418–7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina is
unavailable, you may contact Ms. Vickie
Robinson, Assistant Chief,
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18:52 Aug 26, 2008
Jkt 214001
1 See
47 CFR 0.111(a)(14), 54.8.
from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, to
Mr. William Holman, Notice of Suspension and
Initiation of Debarment Proceedings, 23 FCC Rcd
2 Letter
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Fmt 4703
Sfmt 4703
plea and subsequent conviction of bidrigging, in violation of 15 U.S.C. 1, for
your activities as former Vice President
of NEC-Business Network Services
(‘‘NEC–BNS’’) in connection with the
Ceria Travis Academy E-Rate project
(‘‘Project’’). You responded through
counsel on June 13, 2008,3 contesting
certain language in the Notice of
Suspension, specifically, that you
‘‘entered into and engaged in a
conspiracy with NEC–BNS and other coconspirators to suppress and eliminate
competition by submitting noncompetitive bids for the Project and
taking steps to ensure the Project was
awarded to NEC–BNS and coconspirators.’’4 Citing the Plea
Agreement, you clarified that it was
NEC–BNS employees other than
yourself that submitted non-competitive
bids and that employees of another
company took steps to ensure the
success of the conspiracy by
discouraging and disqualifying bids
from non-conspirators.5 You further
assert, among other things, that you
entered into what you understood to be
a lawful agreement, and that you
‘‘subsequently became aware of
problems with NEC–BNS’s participation
in the E-Rate program and raised these
concerns with [your] superiors.’’ 6 In the
Response, you do not dispute that you
pled guilty to a violation of 15 U.S.C. 1,
but request that the Commission’s
record reflect the factual circumstances
surrounding your offense.7
We grant your request and incorporate
the cited Plea Agreement language in
the record for this debarment
proceeding. Based on the evidence in
the record, we conclude that your
conduct, as described in the Plea
Agreement, constitutes the basis for
your debarment, and your conviction
falls within the categories of causes for
debarment under section 54.8(c) of the
Commission’s rules.8 For the foregoing
reasons, you are hereby debarred for a
period of three years from the
debarment date, i.e., the earlier date of
8228 (Inv. & Hearings Div., Enf. Bur. 2008)
(Attachment 1); see 73 Fed. Reg. 36082 (Jun. 25,
2008).
3 Letter from Walter F. Brown, Jr., Orrick,
Herrington & Sutcliffe, LLP to Diana Lee, Attorney
Advisor, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications
Commission, dated June 13, 2008 (‘‘Holman
Response’’ or ‘‘Response’’), attaching United States
v. William Holman, Criminal Docket No. 3:05–CR–
00208–CRB–012, Plea Agreement (N.D.Cal. filed
and entered Apr. 6, 2007) (‘‘Plea Agreement’’).
4 Holman Response at 1; Notice of Suspension at
23 FCC Rcd at 8229.
5 Holman Response at 1, citing Plea Agreement,
para. 4(f).
6 Id. at 2, citing Plea Agreement, para. 4(g).
7 Id. at 2.
8 47 CFR 54.8(c).
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Agencies
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Pages 50616-50618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19886]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Approved by the Office
of Management and Budget
August 20, 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: 3060-0027.
OMB Approval Date: August 8, 2008.
Expiration Date: August 31, 2011.
Title: Application for Construction Permit for Commercial Broadcast
Station.
Form Number: FCC Form 301.
Estimated Annual Burden: 4,278 responses; 2-5 hours per response;
11,072 hours total per year.
Annual Cost Burden: $51,802,197.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
154(i), 303
[[Page 50617]]
and 308 of the Communications Act of 1934, as amended.
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 (``Quadrennial Order'')
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.
FCC Form 301 and the applicable exhibits/explanations are required
to be filed when applying for authority to construct a new commercial
AM, FM, or TV broadcast station or to make changes in the existing
facilities of such a station. The instructions and a worksheet included
with Form 301 have been revised to reflect the changes to the daily
newspaper cross-ownership rule, 47 CFR 73.3555(d) that the Commission
adopted in the Quadrennial Order. The rule change to section 73.3555(d)
of the Commission's rules was published in the Federal Register on
February 21, 2008 (73 FR 9481) and became effective on July 9, 2008 (73
FR 39269).
The instructions for Section II (Legal Information) to Form 301
have been revised to include a reference to the Quadrennial Order as a
source of information regarding the Commission's multiple ownership
rules and attribution rules in order for applicants to determine
relevant parties to the application. Worksheet 2, Section
A.IV. (Cross Ownership) and Section B (Family Relationships), which
applicants use to respond to Section II, Item 4 (Multiple Ownership) of
Form 301, have been revised to incorporate the new newspaper/broadcast
cross-ownership rule, 47 CFR 73.3555(d) and the revised definition of a
```Daily Newspaper,'' Note 6 to 47 CFR 73.3555, that the Commission
adopted in the Quadrennial Order. An applicant uses Worksheet
2 to determine the circumstances under which an entity may own
a daily newspaper and a broadcast station in the same local market.
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 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. Note 6 to 47 CFR
73.3555 states: For purposes of this section a daily newspaper is one
which is published four or more days per week, which is in the dominant
language in the market, and which is circulated generally in the
community of publication. A college newspaper is not considered as
being circulated generally.
47 CFR 73.3580 requires that applicants for construction permits
for new broadcast stations and for major change in existing broadcast
facilities (as defined in 47 CFR 73.3571(a)(1) (for AM applicants),
73.3572(a)(1) (for television applicants), or 73.3573(a)(1) (for FM
applicants)) give local notice in a newspaper of general circulation in
the community to which the station is licensed. This publication
requirement also applies with respect to major amendments as defined in
47 CFR 73.3571(b) (AM), 73.3772(b) (television), and 73.3573(b) (FM).
This publication
[[Page 50618]]
requirement also applies with respect to applications for minor
modification to existing AM and FM facilities in which the applicant
seeks to change the existing facility's community of license. Local
notice is also required to be broadcast over the station, if operating.
However, if the station is the only operating station in its broadcast
service licensed to the community involved, publication of the notice
in a newspaper is not required. Completion of publication may occur
within 30 days before or after the tender of the application to the
Commission.
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 a broadcast station's public inspection file along with the
application. The Commission's actions in this proceeding did not revise
this requirement.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-19886 Filed 8-26-08; 8:45 am]
BILLING CODE 6712-01-P