Promoting Diversification of Ownership in the Broadcasting Services, 27199-27200 [2010-11161]
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
Dated: April 29, 2010.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
■
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
APPENDIX B—[AMENDED]
2. Table 1 of Appendix B to part 300
is amended by removing the entry
‘‘Ruston Foundry, Alexandria, LA.’’
■
[FR Doc. 2010–11306 Filed 5–13–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket Nos. 07–294; 06–121; 02–277;
04–228, MM Docket Nos. 01–235; 01–317;
00–244; FCC 10–49]
effective May 14, 2010, and Form
303–S will become effective 30 days
after the Commission publishes a
document in the Federal Register
announcing approval by the Office of
Management and Budget.
FOR FURTHER INFORMATION CONTACT:
Amy Brett, (202) 418–2703.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Third
Erratum, FCC 10–49, adopted March 29,
2010 and released March 29, 2010. In
FR Doc. E8–11039 the Federal
Communications Commission
published a Report and Order in the
Federal Register of May 16, 2008 (73 FR
28361) in FCC 07–217.
On page 28364, in the first column,
paragraph 11, the Commission
inadvertently used the word ‘‘gender’’
instead of ‘‘ethnicity.’’ This document
corrects that error and revises the
language to read as follows:
The Commission finds that discriminatory
practices have no place in broadcasting and
concludes that it is appropriate for the
Commission to require broadcasters renewing
their licenses to certify that their advertising
contracts do not discriminate on the basis of
race or ethnicity and that such contracts
contain nondiscrimination clauses.
AGENCY: Federal Communications
Commission.
ACTION: Final rule; correction and
correcting amendments.
emcdonald on DSK2BSOYB1PROD with RULES
Promoting Diversification of
Ownership in the Broadcasting
Services
Also, in this document the
Commission amends Note 2(i) of 47 CFR
73.3555 and 47 CFR 73.5008(c),
published at 73 FR 28361, May 16,
2008, so the rules accurately reflect the
Commission’s intent.
Need for Correction
SUMMARY: The Federal Communications
Commission published in the Federal
Register of May 16, 2008 (73 FR 28361),
a Report and Order concerning steps the
Commission took to increase
participation in the broadcasting
industry by new entrants and small
businesses, including minority- and
women-owned business. This document
corrects the Report and Order by
substituting the word ‘‘ethnicity’’ for
‘‘gender’’ in explaining the requirements
for broadcasters to certify that their
advertising contracts do not
discriminate on the basis of race or
ethnicity and that such contracts
contain nondiscrimination clauses. In
this document, the FCC also corrects the
rules in 47 CFR 73.3555 and 73.5008
published at 73 FR 28361, May 16,
2008, related to steps the Commission
took to increase participation in the
broadcasting industry by eligible
entities, including minority- and
women-owned businesses.
DATES: The amendments to 47 CFR
73.3555 and 73.5008 in this rule are
VerDate Mar<15>2010
18:03 May 13, 2010
Jkt 220001
As published, the final regulations
contain inadvertent errors which need
to be corrected.
List of Subjects in 47 CFR Part 73
Radio, Television.
Federal Communications Commission.
Bulah Wheeler,
Acting Associate Secretary.
Accordingly, 47 CFR part 73 is
corrected by making the following
correcting amendments:
■
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,
and 339.
2. Revise paragraph i. of Note 2 to
§ 73.3555, to read as follows:
■
§ 73.3555
Multiple ownership.
*
*
*
*
*
i.1. Notwithstanding paragraphs e.
and f. of this Note, the holder of an
equity or debt interest or interests in a
broadcast licensee, cable television
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
27199
system, daily newspaper, or other media
outlet subject to the broadcast multiple
ownership or cross-ownership rules
(‘‘interest holder’’) shall have that
interest attributed if:
A. The equity (including all
stockholdings, whether voting or
nonvoting, common or preferred) and
debt interest or interests, in the
aggregate, exceed 33 percent of the total
asset value, defined as the aggregate of
all equity plus all debt, of that media
outlet; and
B.(i) The interest holder also holds an
interest in a broadcast licensee, cable
television system, newspaper, or other
media outlet operating in the same
market that is subject to the broadcast
multiple ownership or cross-ownership
rules and is attributable under
paragraphs of this note other than this
paragraph i.; or
(ii) The interest holder supplies over
fifteen percent of the total weekly
broadcast programming hours of the
station in which the interest is held. For
purposes of applying this paragraph, the
term, ‘‘market,’’ will be defined as it is
defined under the specific multiple
ownership rule or cross-ownership rule
that is being applied, except that for
television stations, the term ‘‘market,’’
will be defined by reference to the
definition contained in the local
television multiple ownership rule
contained in paragraph (b) of this
section.
2. Notwithstanding paragraph i.1. of
this Note, the interest holder may
exceed the 33 percent threshold therein
without triggering attribution where
holding such interest would enable an
eligible entity to acquire a broadcast
station, provided that:
i. The combined equity and debt of
the interest holder in the eligible entity
is less than 50 percent, or
ii. The total debt of the interest holder
in the eligible entity does not exceed 80
percent of the asset value of the station
being acquired by the eligible entity and
the interest holder does not hold any
equity interest, option, or promise to
acquire an equity interest in the eligible
entity or any related entity. For
purposes of this paragraph i.2, an
‘‘eligible entity’’ shall include any entity
that qualifies as a small business under
the Small Business Administration’s
size standards for its industry grouping,
as set forth in 13 CFR 121.201, at the
time the transaction is approved by the
FCC, and holds:
A. 30 percent or more of the stock or
partnership interests and more than 50
percent of the voting power of the
corporation or partnership that will own
the media outlet; or
E:\FR\FM\14MYR1.SGM
14MYR1
27200
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
B. 15 percent or more of the stock or
partnership interests and more than 50
percent of the voting power of the
corporation or partnership that will own
the media outlet, provided that no other
person or entity owns or controls more
than 25 percent of the outstanding stock
or partnership interests; or
C. More than 50 percent of the voting
power of the corporation that will own
the media outlet if such corporation is
a publicly traded company.
*
*
*
*
*
■ 3. Section 73.5008 is amended by
revising paragraph (c) to read as follows:
§ 73.5008 Definitions applicable for
designated entity provisions.
emcdonald on DSK2BSOYB1PROD with RULES
*
*
*
*
*
(c)(1) An attributable interest in a
winning bidder or in a medium of mass
communications shall be determined in
accordance with § 73.3555 and Note 2 to
§ 73.3555. In addition, any interest held
by an individual or entity with an
equity and/or debt interest(s) in a
winning bidder shall be attributed to
that winning bidder for purposes of
determining its eligibility for the new
entrant bidding credit, if the equity
(including all stockholdings, whether
voting or nonvoting, common or
preferred) and debt interest or interests,
in the aggregate, exceed thirty-three (33)
percent of the total asset value (defined
as the aggregate of all equity plus all
debt) of the winning bidder.
(2) Notwithstanding paragraph (c)(1)
of this section, where the winning
bidder is an eligible entity, the
combined equity and debt of the interest
holder in the winning bidder may
exceed the 33 percent threshold therein
without triggering attribution, provided
that:
(i) The combined equity and debt of
the interest holder in the winning
bidder is less than 50 percent, or
(ii) The total debt of the interest
holder in the winning bidder does not
exceed 80 percent of the asset value of
the winning bidder and the interest
holder does not hold any equity interest,
option, or promise to acquire an equity
interest in the winning bidder or any
related entity. For purposes of
paragraph (c)(2) of this section, an
‘‘eligible entity’’ shall include any entity
that qualifies as a small business under
the Small Business Administration’s
size standards for its industry grouping,
as set forth in 13 CFR 121.201, at the
time the transaction is approved by the
FCC, and holds:
(A) 30 percent or more of the stock or
partnership interests and more than 50
percent of the voting power of the
corporation or partnership that will own
the media outlet; or
VerDate Mar<15>2010
18:03 May 13, 2010
Jkt 220001
(B) 15 percent or more of the stock or
partnership interests and more than 50
percent of the voting power of the
corporation or partnership that will own
the media outlet, provided that no other
person or entity owns or controls more
than 25 percent of the outstanding stock
or partnership interests; or
(C) More than 50 percent of the voting
power of the corporation that will own
the media outlet if such corporation is
a publicly traded company.
[FR Doc. 2010–11161 Filed 5–13–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 97
[WT Docket No. 10–62; FCC 10–38]
Amateur Service Rules
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: This document revises the
Amateur Radio Service rules to make
certain non-substantive revisions to
these rules. The rules are necessary to
amend the amateur service rules or
conform them to prior Commission
decisions. The effect of this action is to
enhance the usefulness of the amateur
service rules by making them conform
with other Commission rules, thereby
eliminating licensee confusion when
applying the rules to amateur service
operations.
DATES: Effective July 13, 2010.
FOR FURTHER INFORMATION CONTACT:
William T. Cross, Mobility Division,
Wireless Telecommunications Bureau,
at (202) 418–0680, or TTY (202) 418–
7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order
(Order), adopted March 11, 2010, and
released March 16, 2010. The full text
of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, D.C.
20554. The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
e-mail to fcc504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
1. By this action, we are amending the
amateur service rules to revise 47 CFR
97.313(c) to limit Novice Class operators
and Technician Plus Class operators to
two hundred watts peak envelope
power when these licensees are the
control operator of a station transmitting
in the segments of the 80, 40, 15, and
10 meter bands in which they may
control an amateur station.
2. Also, by this action, we are also
amending the amateur service rules to
revise 47 CFR 97.301 and 97.303 related
to the 40m, 60 m, 70 cm, and 9 cm
bands to conform to the Table of
Frequency Allocations in part 2 of our
rules, and to references within the
relevant sections of our rules. We also
revise the frequency sharing
requirements in 47 CFR 97.303 to limit
the summary to those frequency bands
that are allocated to the amateur service
on a secondary basis, and to present the
requirements more clearly.
3. In addition, we move transmitter
power limit information that applies to
stations transmitting a spread spectrum
emission from 47 CFR 97.303(s) to 47
CFR 97.313, Transmitter power
standards. Finally, we amend 47 CFR
97.103(c) to delete the cross-reference to
47 CFR 0.314(x), which was removed in
1999; and we remove the entry ‘‘1260–
1270 MHz’’ from 47 CFR 97.207(c),
which lists the frequency bands
authorized to amateur space stations,
because footnote 5.282 to the Table
limits the use of that segment to earth
station transmissions.
4. In the Order, we amend the
amateur service rules to conform them
to previous Commission decisions. The
amended rules apply exclusively to
individuals who are licensees in the
Amateur Radio Service. Such
amendments are in the public interest
because they will clarify and conform
the amateur service rules to other parts
of the Commission’s rules and previous
decisions. The rule changes do not
result in any mandatory change in
manufactured amateur radio equipment
or have any impact on business entities
because such entities are not eligible for
licensing in the amateur service.
Therefore, we certify that the rules
reflected in this Order will not have a
significant economic impact on a
substantial number of small entities.
5. The amended rules are set forth
below, effective July 13, 2010.
6. This Order and the rule
amendments are issued under the
authority contained in 47 U.S.C. 154(i)
and (j), 303(r) and 403.
7. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Order, including the Initial
E:\FR\FM\14MYR1.SGM
14MYR1
]]>Agencies
[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27199-27200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11161]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket Nos. 07-294; 06-121; 02-277; 04-228, MM Docket Nos. 01-235;
01-317; 00-244; FCC 10-49]
Promoting Diversification of Ownership in the Broadcasting
Services
AGENCY: Federal Communications Commission.
ACTION: Final rule; correction and correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission published in the Federal
Register of May 16, 2008 (73 FR 28361), a Report and Order concerning
steps the Commission took to increase participation in the broadcasting
industry by new entrants and small businesses, including minority- and
women-owned business. This document corrects the Report and Order by
substituting the word ``ethnicity'' for ``gender'' in explaining the
requirements for broadcasters to certify that their advertising
contracts do not discriminate on the basis of race or ethnicity and
that such contracts contain nondiscrimination clauses. In this
document, the FCC also corrects the rules in 47 CFR 73.3555 and 73.5008
published at 73 FR 28361, May 16, 2008, related to steps the Commission
took to increase participation in the broadcasting industry by eligible
entities, including minority- and women-owned businesses.
DATES: The amendments to 47 CFR 73.3555 and 73.5008 in this rule are
effective May 14, 2010, and Form 303-S will become effective 30 days
after the Commission publishes a document in the Federal Register
announcing approval by the Office of Management and Budget.
FOR FURTHER INFORMATION CONTACT: Amy Brett, (202) 418-2703.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Erratum, FCC 10-49, adopted March 29, 2010 and released March 29, 2010.
In FR Doc. E8-11039 the Federal Communications Commission published a
Report and Order in the Federal Register of May 16, 2008 (73 FR 28361)
in FCC 07-217.
On page 28364, in the first column, paragraph 11, the Commission
inadvertently used the word ``gender'' instead of ``ethnicity.'' This
document corrects that error and revises the language to read as
follows:
The Commission finds that discriminatory practices have no place
in broadcasting and concludes that it is appropriate for the
Commission to require broadcasters renewing their licenses to
certify that their advertising contracts do not discriminate on the
basis of race or ethnicity and that such contracts contain
nondiscrimination clauses.
Also, in this document the Commission amends Note 2(i) of 47 CFR
73.3555 and 47 CFR 73.5008(c), published at 73 FR 28361, May 16, 2008,
so the rules accurately reflect the Commission's intent.
Need for Correction
As published, the final regulations contain inadvertent errors
which need to be corrected.
List of Subjects in 47 CFR Part 73
Radio, Television.
Federal Communications Commission.
Bulah Wheeler,
Acting Associate Secretary.
0
Accordingly, 47 CFR part 73 is corrected by making the following
correcting amendments:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336, and 339.
0
2. Revise paragraph i. of Note 2 to Sec. 73.3555, to read as follows:
Sec. 73.3555 Multiple ownership.
* * * * *
i.1. Notwithstanding paragraphs e. and f. of this Note, the holder
of an equity or debt interest or interests in a broadcast licensee,
cable television system, daily newspaper, or other media outlet subject
to the broadcast multiple ownership or cross-ownership rules
(``interest holder'') shall have that interest attributed if:
A. The equity (including all stockholdings, whether voting or
nonvoting, common or preferred) and debt interest or interests, in the
aggregate, exceed 33 percent of the total asset value, defined as the
aggregate of all equity plus all debt, of that media outlet; and
B.(i) The interest holder also holds an interest in a broadcast
licensee, cable television system, newspaper, or other media outlet
operating in the same market that is subject to the broadcast multiple
ownership or cross-ownership rules and is attributable under paragraphs
of this note other than this paragraph i.; or
(ii) The interest holder supplies over fifteen percent of the total
weekly broadcast programming hours of the station in which the interest
is held. For purposes of applying this paragraph, the term, ``market,''
will be defined as it is defined under the specific multiple ownership
rule or cross-ownership rule that is being applied, except that for
television stations, the term ``market,'' will be defined by reference
to the definition contained in the local television multiple ownership
rule contained in paragraph (b) of this section.
2. Notwithstanding paragraph i.1. of this Note, the interest holder
may exceed the 33 percent threshold therein without triggering
attribution where holding such interest would enable an eligible entity
to acquire a broadcast station, provided that:
i. The combined equity and debt of the interest holder in the
eligible entity is less than 50 percent, or
ii. The total debt of the interest holder in the eligible entity
does not exceed 80 percent of the asset value of the station being
acquired by the eligible entity and the interest holder does not hold
any equity interest, option, or promise to acquire an equity interest
in the eligible entity or any related entity. For purposes of this
paragraph i.2, an ``eligible entity'' shall include any entity that
qualifies as a small business under the Small Business Administration's
size standards for its industry grouping, as set forth in 13 CFR
121.201, at the time the transaction is approved by the FCC, and holds:
A. 30 percent or more of the stock or partnership interests and
more than 50 percent of the voting power of the corporation or
partnership that will own the media outlet; or
[[Page 27200]]
B. 15 percent or more of the stock or partnership interests and
more than 50 percent of the voting power of the corporation or
partnership that will own the media outlet, provided that no other
person or entity owns or controls more than 25 percent of the
outstanding stock or partnership interests; or
C. More than 50 percent of the voting power of the corporation that
will own the media outlet if such corporation is a publicly traded
company.
* * * * *
0
3. Section 73.5008 is amended by revising paragraph (c) to read as
follows:
Sec. 73.5008 Definitions applicable for designated entity provisions.
* * * * *
(c)(1) An attributable interest in a winning bidder or in a medium
of mass communications shall be determined in accordance with Sec.
73.3555 and Note 2 to Sec. 73.3555. In addition, any interest held by
an individual or entity with an equity and/or debt interest(s) in a
winning bidder shall be attributed to that winning bidder for purposes
of determining its eligibility for the new entrant bidding credit, if
the equity (including all stockholdings, whether voting or nonvoting,
common or preferred) and debt interest or interests, in the aggregate,
exceed thirty-three (33) percent of the total asset value (defined as
the aggregate of all equity plus all debt) of the winning bidder.
(2) Notwithstanding paragraph (c)(1) of this section, where the
winning bidder is an eligible entity, the combined equity and debt of
the interest holder in the winning bidder may exceed the 33 percent
threshold therein without triggering attribution, provided that:
(i) The combined equity and debt of the interest holder in the
winning bidder is less than 50 percent, or
(ii) The total debt of the interest holder in the winning bidder
does not exceed 80 percent of the asset value of the winning bidder and
the interest holder does not hold any equity interest, option, or
promise to acquire an equity interest in the winning bidder or any
related entity. For purposes of paragraph (c)(2) of this section, an
``eligible entity'' shall include any entity that qualifies as a small
business under the Small Business Administration's size standards for
its industry grouping, as set forth in 13 CFR 121.201, at the time the
transaction is approved by the FCC, and holds:
(A) 30 percent or more of the stock or partnership interests and
more than 50 percent of the voting power of the corporation or
partnership that will own the media outlet; or
(B) 15 percent or more of the stock or partnership interests and
more than 50 percent of the voting power of the corporation or
partnership that will own the media outlet, provided that no other
person or entity owns or controls more than 25 percent of the
outstanding stock or partnership interests; or
(C) More than 50 percent of the voting power of the corporation
that will own the media outlet if such corporation is a publicly traded
company.
[FR Doc. 2010-11161 Filed 5-13-10; 8:45 am]
BILLING CODE 6712-01-P
