Television Broadcasting Services; Beaumont, TX, 9859-9860 [2010-4566]
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
The Commission is also considering,
without proposing a specific rule,
whether and how Tribes without tribal
lands can qualify for the Tribal Priority.
The proposals offered for consideration
by commenters are (1) Whether an
applicant or proponent is deemed to
provide tribal area coverage if it covers
a certain threshold tribal population or
population density, (2) whether
historical or contemporary cultural links
between a Tribe and land or population
covered should be taken into account in
making the tribal coverage and
community of license determinations,
and (3) whether the fact that a currently
landless Tribe or Tribes previously
occupied the coverage area or proposed
community of license should be taken
into account. The Commission
considers these proposals, and seeks
comment and suggestions as to other
ways to extend the benefits of the Tribal
Priority to those Tribes that do not have
reservations or other tribal lands,
allowing such ‘‘landless’’ Tribes to
acquire radio stations to achieve the
goals of aiding tribal development, and
perpetuating tribal language and
culture.
Legal Basis. The authority for this
proposed rulemaking is contained in
Sections 1, 2, 4(i), 303, 307, and 309(j)
of the Communications Act of 1934, 47
U.S.C 151, 152, 154(i), 303, 307, and
309(j).
Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply. The RFA
directs the Commission to provide a
description of and, where feasible, an
estimate of the number of small entities
that will be affected by the proposed
rules. The RFA generally defines the
term ‘‘small entity’’ as encompassing the
terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
entity.’’ In addition, the term ‘‘small
Business’’ has the same meaning as the
term ‘‘small business concern’’ under the
Small Business Act. A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.
Radio Stations. The proposed rules
and policies potentially will apply to all
AM and FM radio broadcasting
applicants, and proponents for new FM
allotments, who qualify for the Tribal
Priority adopted in the First R&O in this
proceeding. The ‘‘Radio Stations’’
Economic Census category ‘‘comprises
establishments primarily engaged in
broadcasting aural programs by radio to
the public. Programming may originate
in their own studio, from an affiliated
network, or from external sources. The
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SBA has established a small business
size standard for this category, which is:
such firms having $7 million or less in
annual receipts. According to BIA
Advisory Services, LLC, MEDIA Access
Pro Database on March 17, 2009, 10,884
(95%) of 11,404 commercial radio
stations have revenue of $6 million or
less. Therefore, the majority of such
entities are small entities. We note,
however, that in assessing whether a
business concern qualifies as small
under the above size standard, business
affiliations must be included. In
addition, to be determined to be a ‘‘small
business,’’ the entity may not be
dominant in its field of operation. We
note that it is difficult at times to assess
these criteria in the context of media
entities, and our estimate of small
businesses may therefore be overinclusive.
Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements. The proposed rule and
procedural changes may, in some cases,
impose different reporting requirements
on existing and potential radio licensees
and permittees, insofar as they would
require or allow certain applicants to
file new technical and population
coverage information on or after filing
the short form application (FCC 175) or
in the noncommercial educational long
form application (FCC 340). However,
the information to be filed is already
familiar to broadcasters, and the
information requested to claim the
Tribal Priority is similar to current
Section 307(b) showings, so any
additional burdens would be minimal.
To the extent that other applicants
would be disadvantaged by Tribes
qualifying for the Tribal Priority, the
Commission believes that such burdens
would be offset by the fact that the
Tribal Priority is designed to redress
inequities in the number of tribal radio
licensees, compared to the population of
tribal citizens in the United States and
the fact that some of these citizens were
deprived of their original tribal lands.
The Tribal Priority, then, not only helps
the Commission to meet its goals of
ownership and program diversity, but
also furthers the federal government’s
obligations toward Tribes to assist them
in promulgating tribal languages and
cultures, and to support tribal selfgovernment.
Steps Taken to Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered. The
RFA requires an agency to describe any
significant alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): (1) The establishment of
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9859
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities. In the FNPRM, the
Commission seeks to provide additional
opportunities for participation by Tribes
in broadcast auctions, especially FM
auctions, and to open up the Tribal
Priority to those Tribes who do not
currently have tribal lands, and who
therefore cannot qualify under the
Tribal Priority’s tribal coverage
criterion. The Commission is open to
consideration of alternatives to the
proposals under consideration, as set
forth herein, including but not limited
to alternatives that will minimize the
burden on broadcasters, most of whom
are small businesses. There may be
unique circumstances these entities may
face, and we will consider appropriate
action for small broadcasters when
preparing a Report and Order in this
matter.
Federal Rules Which Duplicate,
Overlap, or Conflict With, the
Commission’s Proposals. None.
This document is available in
alternative formats (computer diskette,
large print, audio record, and Braille).
Persons with disabilities who need
documents in these formats may contact
Brian Millin at (202) 418–7426 (voice),
(202) 418–7365 (TTY), or via e-mail at
Brian.Millin@fcc.gov.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–3492 Filed 3–3–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 10–307; MB Docket No. 10–49; RM–
11593]
Television Broadcasting Services;
Beaumont, TX
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: The Commission has before it
a petition for rulemaking filed by
Freedom Broadcasting of Texas
(‘‘Freedom Broadcasting’’), the licensee
of KFDM(TV), channel 21, Beaumont,
Texas. Freedom Broadcasting requests
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sroberts on DSKD5P82C1PROD with PROPOSALS
9860
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
the substitution of channel 25 for
channel 21 at Beaumont.
DATES: Comments must be filed on or
before March 19, 2010, and reply
comments on or before March 29, 2010.
ADDRESSES: Federal Communications
Commission, Office of the Secretary,
445 12th Street, SW., Washington, DC
20554. In addition to filing comments
with the FCC, interested parties should
serve counsel for petitioner as follows:
John P. Janka, Esq., Latham & Watkins
LLP, 555 Eleventh Street, NW.,
Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk,
adrienne.denysyk@fcc.gov, Media
Bureau, (202) 418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
10–49, adopted February 23, 2010, and
released February 24, 2010. The full text
of this document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street, SW.,
Washington, DC 20554. This document
will also be available via ECFS (https://
www.fcc.gov/cgb/ecfs). (Documents will
be available electronically in ASCII,
Word 97, and/or Adobe Acrobat.) This
document may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–478–3160 or via e-mail https://
www.BCPIWEB.com. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts (other than
ex parte presentations exempt under 47
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16:36 Mar 03, 2010
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CFR 1.1204(a)) are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1208 for rules governing
restricted proceedings.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Texas, is amended by adding
channel 25 and removing channel 21 at
Beaumont.
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. 2010–4566 Filed 3–3–10; 8:45 am]
BILLING CODE 6712–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1809, 1827, 1837, and
1852
RIN 4700–AD43
Release, Handling, and Protection of
Restricted Information
AGENCY: National Aeronautics and
Space Administration.
ACTION: Proposed rule.
This proposed rule amends
the NASA Federal Acquisition
Regulation (FAR) Supplement (NFS) to
clarify the policy and procedures
regarding the release of contractors’
restricted information and the handling
and protection of restricted information
by contractors. This document proposes
to change the term ‘‘sensitive
information’’ to ‘‘restricted information;’’
clarify what data constitutes restricted
information; and revise and move the
coverage relative to providing
contractors access to restricted
information and release of contractors’
restricted information to another part.
These changes are required to clarify the
applicability of clauses addressing
SUMMARY:
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contractor handling and protection of
restricted information and to clarify
what data constitutes restricted
information. Additionally, these
changes will provide for consistent
application of clauses and
understanding of what constitutes
restricted information. This proposed
rule would also update NASA’s waiver
of the requirements of FAR 9.505–4 to
reflect the policy and procedures
regarding the release of contractors’
restricted information and the handling
and protection of restricted information
by contractors. This proposed
rulemaking would monitor and work to
align with recent administration efforts
to review the controlled unclassified
information (CUI) framework to the
extent that it impacts information
designation, protection, release, and
handling procedures addressed in this
proposed rule.
DATES: Comments should be submitted
on or before May 3, 2010 to be
considered in formulation of the final
rule.
ADDRESSES: Interested parties may
submit comments, identified by RIN
number 2700–AD43, via the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments may also be submitted to
Leigh Pomponio, NASA Headquarters,
Office of Procurement, Contract
Management Division, Washington, DC
20546. Comments may also be
submitted by e-mail to
leigh.pomponio@nasa.gov.
FOR FURTHER INFORMATION CONTACT:
Leigh Pomponio, Office of Procurement,
Contract Management Division, (202)
358–0592, e-mail:
leigh.pomponio.@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Currently the NFS addresses the
release of contractors’ sensitive
information and access to sensitive
information in NFS Part 1837, Service
Contracting and NFS Subpart 1837.2,
Advisory and Assistance Services, uses
the term ‘‘sensitive information’’ to
describe data that may be subject to
certain restrictions or subject to special
handling procedures and protection
from inappropriate disclosure. This rule
changes the term ‘‘sensitive information’’
to ‘‘restricted information’’ as well as
amends and moves from NFS Subpart
1837.2 to NFS Subpart 1827.4, Rights in
Data and Copyrights, NASA’s policy on
release and protection and handling of
such information. This action serves to
clarify the nature of the information and
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Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9859-9860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4566]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[DA 10-307; MB Docket No. 10-49; RM-11593]
Television Broadcasting Services; Beaumont, TX
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has before it a petition for rulemaking filed
by Freedom Broadcasting of Texas (``Freedom Broadcasting''), the
licensee of KFDM(TV), channel 21, Beaumont, Texas. Freedom Broadcasting
requests
[[Page 9860]]
the substitution of channel 25 for channel 21 at Beaumont.
DATES: Comments must be filed on or before March 19, 2010, and reply
comments on or before March 29, 2010.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 12th Street, SW., Washington, DC 20554. In addition to filing
comments with the FCC, interested parties should serve counsel for
petitioner as follows: John P. Janka, Esq., Latham & Watkins LLP, 555
Eleventh Street, NW., Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk,
adrienne.denysyk@fcc.gov, Media Bureau, (202) 418-1600.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rule Making, MB Docket No. 10-49, adopted February
23, 2010, and released February 24, 2010. The full text of this
document is available for public inspection and copying during normal
business hours in the FCC's Reference Information Center at Portals II,
CY-A257, 445 12th Street, SW., Washington, DC 20554. This document will
also be available via ECFS (https://www.fcc.gov/cgb/ecfs). (Documents
will be available electronically in ASCII, Word 97, and/or Adobe
Acrobat.) This document may be purchased from the Commission's
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street,
SW., Room CY-B402, Washington, DC 20554, telephone 1-800-478-3160 or
via e-mail https://www.BCPIWEB.com. To request this document in
accessible formats (computer diskettes, large print, audio recording,
and Braille), send an e-mail to fcc504@fcc.gov or call the Commission's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY). This document does not contain proposed
information collection requirements subject to the Paperwork Reduction
Act of 1995, Public Law 104-13. In addition, therefore, it does not
contain any proposed information collection burden ``for small business
concerns with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory Flexibility Act of 1980 do not apply
to this proceeding. Members of the public should note that from the
time a Notice of Proposed Rule Making is issued until the matter is no
longer subject to Commission consideration or court review, all ex
parte contacts (other than ex parte presentations exempt under 47 CFR
1.1204(a)) are prohibited in Commission proceedings, such as this one,
which involve channel allotments. See 47 CFR 1.1208 for rules governing
restricted proceedings.
For information regarding proper filing procedures for comments,
see 47 CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
Sec. 73.622 [Amended]
2. Section 73.622(i), the Post-Transition Table of DTV Allotments
under Texas, is amended by adding channel 25 and removing channel 21 at
Beaumont.
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media Bureau.
[FR Doc. 2010-4566 Filed 3-3-10; 8:45 am]
BILLING CODE 6712-01-P