Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations; Extension of the Filing Requirement for Children's Television Programming Report (FCC Form 398), 72144-72158 [2011-30009]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Proposed Rules]
[Pages 72144-72158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30009]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 00-168; 00-44; FCC 11-162]


Standardized and Enhanced Disclosure Requirements for Television 
Broadcast Licensee Public Interest Obligations; Extension of the Filing 
Requirement for Children's Television Programming Report (FCC Form 398)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on a proposed 
requirement that each television station's public inspection file be 
made available in an online public file to be hosted on the 
Commission's Web site.

DATES: Comments for this proceeding are due on or before December 22, 
2011; reply comments are due on or before January 6, 2012. Written PRA 
comments on the proposed information collection requirements contained 
herein must be submitted by the public, Office of Management and Budget 
(OMB), and other interested parties on or before January 23, 2012.

ADDRESSES: You may submit comments, identified by MB Docket Nos. 00-168 
and 00-44, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Federal Communications Commission's Electronic Comment Filing 
System (ECFS) Web Site: https://fjallfoss.fcc.gov/ecfs/. Follow the 
instructions for submitting comments.
    Mail: Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    People With Disabilities: Contact the FCC to request reasonable 
accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act proposed information collection 
requirements contained herein should be submitted to the Federal 
Communications Commission via email to PRA@fcc.gov and to Nicholas A. 
Fraser, Office of Management and Budget, via email to Nicholas_A._Fraser@omb.eop.gov or via fax at (202) 395-5167. For detailed 
instructions for submitting comments and additional information on the 
rulemaking process, see the supplementary information section of this 
document.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Holly Saurer, Holly.Saurer@fcc.gov of the Media 
Bureau, Policy Division, (202) 418-2120. For additional information 
concerning the Paperwork Reduction Act information collection 
requirements

[[Page 72145]]

contained in this document, send an email to PRA@fcc.gov or contact 
Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking, FCC 11-162, adopted and released 
on October 27, 2011. The full text is available for public inspection 
and copying during regular business hours in the FCC Reference Center, 
Federal Communications Commission, 445 12th Street SW., CY-A257, 
Washington, DC 20554. This document will also be available via ECFS at 
https://fjallfoss.fcc.gov/ecfs/. Documents will be available 
electronically in ASCII, Word 97, and/or Adobe Acrobat. The complete 
text may be purchased from the Commission's copy contractor, 445 12th 
Street SW., Room CY-B402, Washington, DC 20554. Alternative formats are 
available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an email to fcc504@fcc.gov 
or calling the Commission's Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY).
    This document contains proposed information collection 
requirements. 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 collections. Public and agency comments are due January 23, 
2012.
    Comments should address: (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 estimates; (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. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 
on how we might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''
    To view or obtain a copy of this information collection request 
(ICR) submitted to OMB: (1) Go to this OMB/GSA Web page: https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web 
page called ``Currently Under Review,'' (3) click on the downward-
pointing arrow in the ``Select Agency'' box below the ``Currently Under 
Review'' heading, (4) select ``Federal Communications Commission'' from 
the list of agencies presented in the ``Select Agency'' box, (5) click 
the ``Submit'' button to the right of the ``Select Agency'' box, and 
(6) when the list of FCC ICRs currently under review appears, look for 
the OMB control number of this ICR as show in the Supplementary 
Information section below (or its title if there is no OMB control 
number) and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.
    OMB Control Number: 3060-0214.
    Title: Sections 73.3526 and 73.3527, Local Public Inspection Files; 
Sections 76.1701 and 73.1943, Political Files.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Parties: Business or other for-profit 
entities; Not for-profit institutions; Individuals or households.
    Number of Respondents and Responses: 25,422 respondents; 59,833 
responses.
    Estimated Time per Response: 1 hour to 104 hours.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement; Third party disclosure requirement.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
47 U.S.C. 151, 152, 154(i), 303, 307 and 308.
    Total Annual Burden: 2,158,909 hours.
    Total Annual Costs: $801,150.00.
    Privacy Act Impact Assessment: The PIA is in progress.
    Nature and Extent of Confidentiality: Respondents may request 
materials or information submitted to the Commission be withheld from 
public inspection under 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: The Commission is seeking approval for this 
proposed information collection from the Office of Management and 
Budget (OMB). On October 27, 2011, the Commission released a Notice of 
Proposed Rulemaking, MB Docket Nos. 00-168 and 00-44; FCC 11-162. This 
rulemaking proposed information collection requirements that support 
the Commission's public file rules that are codified at 47 CFR 73.3526 
and 73.3527. 47 CFR 73.3526 and 73.3527 require that licensees and 
permittees of commercial and noncommercial AM, FM and TV stations 
maintain a file for public inspection at its main studio or at another 
accessible location in its community of license. The contents of the 
file vary according to type of service and status. The contents 
include, but are not limited to, copies of certain applications 
tendered for filing, a statement concerning petitions to deny filed 
against such applications, copies of ownership reports, statements 
certifying compliance with filing announcements in connection with 
renewal applications, a list of donors supporting specific programs, 
and a list of community issues addressed by the station's programming.
    These rules also specify the length of time, which varies by 
document type, that each record must be retained in the public file. 
The public and FCC use the data to evaluate information about the 
licensee's performance and to ensure that station is addressing issues 
concerning the community to which it is licensed to serve.
    The proposed information collection requirements consist of: 
Pursuant to proposed 47 CFR 73.1943(d), television station licensees or 
applicants must place all of the contents of its political file on the 
Commission's Web site.
    Pursuant to proposed 47 CFR 73.3526(b), commercial television 
station licensees or applicants must place the contents of their public 
inspection file as required by 47 CFR 73.3526(e) on the Commission's 
Web site, with the exception of letters and emails from the public as 
required by 47 CFR 73.3526(e)(9), which will be retained at the 
station. A station must also link to the public inspection file hosted 
on the Commission's Web site from the home page of its own Web site, if 
the station has a Web site. The Commission will automatically link the 
following items to the electronic version of all licensee and applicant 
public inspection files, to the extent that the Commission has these 
items electronically: authorizations, applications, contour maps; 
ownership reports and related materials; portions of the Equal 
Employment Opportunity file held by the Commission; the public and 
broadcasting; Children's television programming reports; and DTV 
transition education reports. In the event that the online public file 
does not reflect such required information, the licensee will be 
responsible for posting such material.
    Pursuant to proposed 47 CFR 73.3526(e)(18), commercial television 
stations must include in their public file

[[Page 72146]]

a copy of every agreement or contract involving sharing agreements for 
the station, including local news sharing agreements and shared 
services agreements, whether the agreement involves stations in the 
same markets or in differing markets, with confidential or proprietary 
information redacted where appropriate.
    Pursuant to proposed 47 CFR 73.3526(e)(19), commercial television 
stations must include in their public file a list of all sponsorship 
identifications that must be announced on-air pursuant to 47 CFR 
73.1212.
    Pursuant to proposed 47 CFR 73.3527(b) non-commercial educational 
television station licensees or applicants must place the contents of 
their public inspection file as required by 47 CFR 73.3527(e) on the 
Commission's Web site, with the exception of letters and emails from 
the public as required by 47 CFR 73.3527(e)(9), which will be retained 
at the station. A station must also link to the public inspection file 
hosted on the Commission's Web site from the home page of its own Web 
site, if the station has a Web site. The Commission will automatically 
link the following items to the electronic version of all licensee and 
applicant public inspection files, to the extent that the Commission 
has these items electronically: contour maps; ownership reports and 
related materials; portions of the Equal Employment Opportunity file 
held by the Commission; and the public and broadcasting. In the event 
that the online public file does not reflect such required information, 
the licensee will be responsible for posting such material.
    OMB Control Number: 3060-0174.
    Title: Sections 73.1212, 76.1615 and 76.1715, Sponsorship 
Identification.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Parties: Business or other for profit 
entities; Individuals or households.
    Number of Respondents and Responses: 22,761 respondents and 
1,831,610 responses.
    Estimated Time per Response: .0011 to .2011 hours.
    Frequency of Response: Recordkeeping requirement; Third party 
disclosure; On occasion reporting requirement.
    Total Annual Burden: 242,633 hours.
    Total Annual Cost: $33,828.
    Obligation To Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in sections 4(i), 
317 and 507 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: Respondents may request 
materials or information submitted to the Commission be withheld from 
public inspection under 47 CFR 0.459 of the Commission's rules.
    Privacy Impact Assessment(s): The PIA is in progress.
    Needs and Uses: The Commission is seeking approval for this 
proposed information collection from the Office of Management and 
Budget (OMB). On October 27, 2011, the Commission released a Notice of 
Proposed Rulemaking, MB Docket Nos. 00-168 and 00-44; FCC 11-162. This 
rulemaking proposed information collection requirements that will 
change the availability of record disclosures under 47 CFR 73.1212. 47 
CFR 73.1212(e) states that, when an entity rather than an individual 
sponsors the broadcast of matter that is of a political or 
controversial nature, the licensee is required to retain a list of the 
executive officers, or board of directors, or executive committee, 
etc., of the organization paying for such matter in its public file.
    The proposed information collection requirements consist of: 
Pursuant to the changes proposed 47 CFR 73.1212(e) and 47 CFR 
73.3526(e)(19), this list, which could contain personally identifiable 
information, would be located in a public file to be located on the 
Commission's Web site instead of being maintained in the public file at 
the station. Burden estimates for this change are included in OMB 
Control Number 3060-0214.
    OMB Control Number: 3060-0466.
    Title: Sections 73.1201, 74.783 and 74.1283, Station 
Identification.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Parties: Business or other for-profit 
entities; Not for-profit institutions.
    Number of Respondents and Responses: 24,158 respondents; 24,158 
responses.
    Estimated Time per Response: 0.166-1 hour.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement; Third party disclosure requirement.
    Obligation To Respond: Required to obtain or maintain benefits. The 
statutory authority for this collection of information is contained in 
47 U.S.C. 151, 152, 154(i), 303, 307 and 308.
    Total Annual Burden: 23,324 hours.
    Total Annual Costs: None.
    Nature and Extent of Confidentiality: No need for confidentiality 
required with this collection of information.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: The Commission is seeking approval for this 
proposed information collection from the Office of Management and 
Budget (OMB). On October 27, 2011, the Commission released a Notice of 
Proposed Rulemaking, MB Docket Nos. 00-168 and 00-44; FCC 11-162. This 
rulemaking proposed information collection requirements that support 
the Commission's station identification announcements that are codified 
at 47 CFR 73.1201. 47 CFR 73.1201(a) requires television broadcast 
licensees to make broadcast station identification announcements at the 
beginning and ending of each time of operation, and hourly, as close to 
the hour as feasible, at a natural break in program offerings. 
Television and Class A television broadcast stations may make these 
announcements visually or aurally.
    The proposed information collection requirements consist of: 
Pursuant to proposed 47 CFR 73.1201(b)(3), three times a week, the 
station identification for television stations must include a notice 
stating that the station's public file is available for viewing at the 
FCC's Web site. At least one of the announcements must occur between 
the hours of 6 p.m. and midnight.
    The Commission is seeking OMB approval for the proposed information 
collection requirements.

Summary of the Notice of Proposed Rulemaking

I. Introduction

    1. In this Further Notice of Proposed Rulemaking we take steps to 
modernize the way television broadcasters inform the public about how 
they are serving their communities. We seek comment on the proposals 
set forth below. Our goals in this proceeding are to make information 
concerning broadcast service more accessible to the public by taking 
advantage of current technology, thereby improving dialogue between 
broadcast stations and the communities they serve, and if possible 
reduce the compliance burdens on broadcasters. This item also seeks to 
further the goal of modernizing the Commission's processes and 
expeditiously transitioning from paper to digital technology in order 
to create efficiencies and reduce costs both for government and the 
private sector.
    2. Specifically, we propose to largely replace the decades-old 
requirement that commercial and noncommercial television stations 
maintain a paper public file at their main studios with a requirement 
to submit documents for

[[Page 72147]]

inclusion in an online public file to be hosted by the Commission. We 
seek comment on ways to streamline the information required to be kept 
in the file, such as by excluding letters and emails from the public. 
We also propose that we should require that sponsorship identification, 
now disclosed only on-air, also be disclosed in the online public file, 
and propose to require disclosure online of shared services agreements. 
We seek comment on what steps we can implement in the future to make 
the online public file standardized and database compatible, further 
improving the usefulness of the data. The new proposals that the 
Commission host the online public file and that the online file largely 
replace the paper file at the main studio will meet the longstanding 
goals of this proceeding, to improve public access to information about 
how broadcasters are serving their communities, while at the same time 
significantly reducing compliance burdens on the stations. We propose 
to limit these reforms to television licensees at this time given that 
this proceeding has always been limited to television broadcasters. We 
will consider at a later date whether to apply similar reforms to radio 
licensees.

II. Background

    3. One of a television broadcaster's fundamental public interest 
obligations is to air programming responsive to the needs and interests 
of its community of license. Broadcasters are afforded considerable 
flexibility in how they meet that obligation, but they must maintain a 
public inspection file, which gives the public access to information 
about the station's operations and enables members of the public to 
engage in an active dialogue with broadcast licensees regarding 
broadcast service. Among other things, the public inspection file must 
contain an issues/programs list, which describes the ``programs that 
have provided the station's most significant treatment of community 
issues during the preceding three month period.'' \1\ The original 
Notice of Proposed Rulemaking in this proceeding grew out of a prior 
Notice of Inquiry, which explored the public interest obligations of 
broadcast television stations as they transitioned to digital.\2\ In 
the 2000 NPRM, the Commission concluded that ``making information 
regarding how a television broadcast station serves the public interest 
easier to understand and more accessible will not only promote 
discussion between the licensee and its community, but will lessen the 
need for government involvement in ensuring that a station is meeting 
its public interest obligation.'' The Commission tentatively concluded 
to require television stations to use a standardized form to report on 
how they serve the public interest. The Commission also tentatively 
concluded to require television licensees to make the contents of their 
public inspection files, including the standardized form, available on 
their stations' Internet Web sites or, alternatively, on the Web site 
of their state broadcasters association. In 2007, the Commission 
adopted a Report and Order implementing these proposals.\3\
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    \1\ 47 CFR 73.3526(e)(12).
    \2\ Standardized and Enhanced Disclosure Requirements for 
Television Broadcast Licensee Public Interest Obligations, Notice of 
Proposed Rulemaking, 65 FR 62683 (2000) (``NPRM''); In the Matter of 
Public Interest Obligations of TV Broadcast Licensees, Notice of 
Inquiry, 65 FR 4211 (1999)(``NOI'').
    \3\ In the Matter of Standardized and Enhanced Disclosure 
Requirements for Television Broadcast Licensee Public Interest 
Obligations, Report and Order, 73 FR 13452 (2007) (``Report and 
Order''); In the Matter of Standardized and Enhanced Disclosure 
Requirements for Television Broadcast Licensee Public Interest 
Obligations, Erratum, 73 FR 30316 (2007).
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    4. Following the release of the Report and Order, the Commission 
received petitions for reconsideration from several industry 
petitioners and public interest advocates. The industry petitioners 
raised a number of issues regarding the standardized form and the 
online posting requirement, generally contending that the requirements 
were overly complex and burdensome. Public interest advocates argued 
that the political file \4\ should be included in the online public 
file requirement rather than exempted as provided in the Report and 
Order, and that the standardized form should be designed to facilitate 
the downloading and aggregation of data for researchers. In addition, 
five parties appealed the Report and Order, and the cases were 
consolidated in the United States Court of Appeals for the DC Circuit. 
The DC Circuit granted a petition to hold the proceeding in abeyance 
while we review the petitions for reconsideration. Challenging the 
rules in a third forum, several parties opposed the information 
collection contained in the Report and Order at the Office of 
Management and Budget (``OMB'') under the Paperwork Reduction Act. 
Because of the multiple petitions for reconsideration, the Commission 
has not transmitted the information collection to OMB for its approval, 
and therefore the rules adopted in the Report and Order have never gone 
into effect.\5\
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    \4\ Sections 73.3526(e)(6), 73.3527(e)(5) and 73.1943 of the 
Commission's rules require that stations keep as part of the public 
inspection files a ``political file.''
    \5\ See also 47 CFR 73.3526, effective date nt. 2; 47 CFR 
73.3526, effective date note; 47 CFR 73.1201, effective date note 2.
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    5. In June 2011, a working group including Commission staff, 
scholars and consultants released ``The Information Needs of 
Communities'' (``INC Report''), a comprehensive report on the current 
state of the media landscape.\6\ The INC Report discussed both the need 
to empower citizens to ensure that broadcasters serve their communities 
in exchange for the use of public spectrum, and also the need to remove 
unnecessary burdens on broadcasters who aim to serve their communities. 
The INC Report provided several recommendations relevant to this 
proceeding, including eliminating unnecessary paperwork and moving 
toward an online system for public disclosures in order to ensure 
greater public access. The INC Report also recommended requiring that 
when broadcasters allow advertisers to dictate content, they disclose 
the ``pay-for-play'' arrangements online as well as on the air in order 
to create a permanent, searchable record of these arrangements and 
afford easy access by consumers, competitors and watchdog groups to 
this information. The Report also suggested that governments at all 
levels collect and publish data in forms that make it easy for 
citizens, entrepreneurs, software developers, and reporters to access 
and analyze information in order to enable mechanisms that can present 
the data in more useful formats, and noted that greater transparency by 
government and media companies can help reduce the cost of reporting, 
empower consumers, and foster innovation.
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    \6\ ``The Information Needs of Communities: The Changing Media 
Landscape in a Broadband Age,'' by Steven Waldman and the Working 
Group on Information Needs of Communities (June 2011), available at 
https://www.fcc.gov/infoneedsreport. As noted in the INC Report, the 
views of the report ``do not necessarily represent the views of the 
Federal Communications Commission, its Commissioners or any 
individual Bureaus or Offices.'' Id. at 362.
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    6. In the Order on Reconsideration, we conclude, in light of the 
reconsideration petitions we received with respect to the Report and 
Order and the comments and replies thereto, that the best course of 
action is to vacate the rules adopted in the Report and Order and 
develop a new record upon which we can evaluate our public file and 
standardized form requirements. In this FNPRM we seek comment on some 
of the proposals the parties put forth on reconsideration and other 
ideas as well to improve public access to information about how 
broadcasters are serving their

[[Page 72148]]

communities while minimizing the burdens placed upon broadcasters. We 
also invite commenters to suggest any other changes that would promote 
these goals and modernize the provision of data to the public. We note 
that we are only addressing the online public file requirement in this 
FNPRM. Due to the complexity of the issues surrounding the replacement 
of the issues/programs list with a standardized form, we intend to 
promptly issue a separate Notice of Inquiry in a new docket seeking 
comment on the standardized form. We ask commenters to limit the 
comments filed in this docket to those related to the online posting 
requirement.

III. Further Notice of Proposed Rulemaking

    7. In this FNPRM, we seek input on how to create a modernized 
online public file requirement that increases public accessibility 
while taking into account and reducing where possible the burdens 
placed on broadcasters. First, we propose to largely replace the paper 
public file requirement with an online public file to be hosted by the 
Commission. We then seek comment on ways to streamline the information 
required to be kept in the file, and whether new items, such as 
sponsorship identifications and shared services agreements, should be 
disclosed online. We also seek comment on what steps we can implement 
in the future to make the online public file standardized and database 
compatible.

A. Placing the Public File Online

    8. The Commission first adopted a public inspection file rule more 
than 40 years ago. The public file requirement grew out of Congress' 
1960 amendment of sections 309 and 311 of the Communications Act of 
1934 (the ``Act'').\7\ Finding that Congress, in enacting these 
provisions, was guarding ``the right of the general public to be 
informed, not merely the rights of those who have special interests,'' 
\8\ the Commission adopted the public inspection file requirement to 
``make information to which the public already has a right more readily 
available, so that the public will be encouraged to play a more active 
part in dialogue with broadcast licensees.'' \9\
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    \7\ 47 U.S.C. 309 and 311.
    \8\ Report and Order in Docket No. 14864 at 1666.
    \9\ Id. at 1667.
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    9. A station's public file is currently composed of both items that 
have to be filed with the Commission and items that are only available 
in the public file at the station. The items that have to be filed with 
the Commission or are otherwise available on the Commission's Web site, 
and their retention periods, are:
     FCC Authorizations (as required by 73.3526(e)(1), 
73.3527(e)(1)) (retain until replaced);
     Applications and related materials (as required by 
73.3526(e)(2), 73.3527(e)(2)) (retain until final action taken on the 
application); \10\
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    \10\ Applications for a new construction permit granted pursuant 
to a waiver showing and applications for assignment or transfer of 
license granted pursuant to a waiver showing must be retained for as 
long as the waiver is in effect. In addition, license renewal 
applications granted on a short-term basis must be retained until 
final action has been taken on the license renewal application filed 
immediately following the shortened license term. See 47 CFR 
73.3526((e)(2), 73.3527(e)(2).
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     Contour Maps (as required by 73.3526(e)(4), 73.3527(e)(3)) 
(retain as long as they reflect current, accurate information regarding 
the station);
     Ownership reports and related materials (as required by 
73.3526(e)(5), 73.3527(e)(4)) (retain until a new, complete ownership 
report is filed with the FCC); \11\
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    \11\ See also 47 CFR 73.3613 (specifying the contracts, 
instruments and documents required to be filed with the FCC).
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     Portions of the Equal Employment Opportunity file (as 
required by 73.3526(e)(7), 73.3527(e)(6)) (retain until final action 
taken on the station's next license renewal application);
     The Public and Broadcasting manual (as required by 
73.3526(e)(8), 73.3527(e)(7)) (retain most recent version 
indefinitely);
     Children's television programming reports (Form 398) (as 
required by 73.3526(e)(11)(iii)) (retain until final action taken on 
the station's next license renewal application);
     DTV transition education reports (Form 388) (as required 
by 73.3526(e)(11)(iv), 73.3527(e)(13)) (retain one year after last 
filed).\12\
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    \12\ Stations only need to retain these quarterly reports in 
their files for one year, and they must only be included through the 
quarter in which the station concludes its DTV transition education 
campaign. See 47 CFR 73.3526(e)(11)(iv), 73.3527(e)(13). While 
almost all full-power television stations successfully transitioned 
to digital technology in 2009 and no longer need to retain these 
files, a few of these stations are not yet operating at full power 
and continue to be required to include Form 388 in their files.

The following items are only available at the station:
     Citizen agreements (as required by 73.3526(e)(3)) (retain 
for term of agreement);
     Political file (as required by 73.3526(e)(6), 
73.3527(e)(5)) (retain for two years);
     Portions of the Equal Employment Opportunity file (as 
required by 73.3526(e)(7), 73.3527(e)(6)) (retain until final action 
taken on the station's next license renewal application);
     Letters and emails from the public (as required by 
73.3526(e)(9)) (retain three years from receipt);
     Material relating to FCC investigations and complaints (as 
required by 73.3526(e)(10), 73.3527(e)(11)) (retain until notified in 
writing that the material may be discarded);
     Issues/Programs lists (as required by 73.3526(e)(11)(i), 
73.3527(e)(8)) (retain until notified in writing that the material may 
be discarded);
     Donor lists for non-commercial educational channels 
(``NCEs'') (as required by 73.3527(e)(9)) (retain for two years from 
the date of the broadcast of the specific program reported);
     Records concerning children's programming commercial 
limits (as required by 73.3526(e)(11)(ii)) (retain until final action 
taken on the station's next license renewal application);
     Local public notice certifications and announcements (as 
required by 73.3526(e)(13), 73.3527(e)(10)) (retain for as long as the 
application to which it refers); \13\
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    \13\ See also 47 CFR 73.3580(h) (directing placement of 
certifications and announcements into the public file).
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     Time brokerage agreements (as required by 73.3526(e)(14)) 
(retain for as long as contract or agreement in force);
     Must-carry or retransmission consent elections (for 
commercial stations) or must-carry requests (noncommercial stations) 
(as required by 73.3526(e)(15), 73.3527(e)(12)) (retain for duration of 
election or request period);
     Joint sales agreements (as required by 73.3526(e)(16)) 
(retain for as long as contract or agreement in force);
     Class A TV continuing eligibility documentation (as 
required by 73.3526(e)(17)) (retain indefinitely);
     A list of chief executive officers or members of the 
executive committee of an entity sponsoring or furnishing broadcast 
material concerning political matter or matter involving the discussion 
of controversial issues of public importance (as required by 
73.1212(e)) \14\ (retain for two years).
---------------------------------------------------------------------------

    \14\ This rule allows for the required list to be retained 
instead at the network headquarters where the broadcast is 
originated by the network.
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    10. In the Report and Order the Commission required television 
stations that have Internet Web sites to place their public inspection 
files on their stations' Web sites and to make these files available to 
the public without charge. As an alternative, the Commission determined 
that stations could place their public inspection files

[[Page 72149]]

on their state broadcasters association's (``SBA'') Web site, where 
permitted by the SBA to do so. Several petitioners opposed this 
requirement, finding it costly and overly burdensome.
    11. We continue to believe that making all station public files 
available online is beneficial to the public, and necessary to provide 
meaningful access to the information in the 21st century. The evolution 
of the Internet and the spread of Internet access has made it easier to 
post material online, made it easier for consumers to read material 
online, and increased the public policy efficacy of disclosure 
requirements. As the Commission noted in the Report and Order, by 
making the file available through the Internet, we hope to facilitate 
access to the file information and foster increased public 
participation in the licensing process. The information provided in the 
public file is beneficial to consumers who wish to weigh in on a 
station's license renewal. We note that the Commission rarely denies 
license renewal applications due to the licensee's failure to meet its 
public interest programming obligation. Easy access to public file 
information will also assist the Commission, Congress, and researchers 
as they fashion public policy recommendations relating to broadcasting 
and other media issues. Therefore, we tentatively conclude that 
television broadcasters should be required to make most of the required 
documents in their public inspection files available online, in lieu of 
maintaining all of the documents in paper files or electronic format 
available at their main studios. Currently, the public has access to 
public inspection files only by visiting the main studio--which may not 
be convenient--during regular business hours. Making the information 
available online will provide 24-hour access from any location, without 
requiring a visit to the station, thereby greatly increasing public 
access to information on actions a station has taken to meet its public 
interest obligation. The Internet is an effective and cost-efficient 
method of maintaining contact with, and distributing information to, 
broadcast viewers. We understand the concerns that broadcasters have 
presented regarding the costs necessary to create and host an online 
public file. We believe that technological advances in the intervening 
years since this requirement was contemplated, along with changes to 
the proposed requirements that are discussed below, in particular the 
Commission's proposal to expend its resources and assume the burden of 
hosting of the public files, will mitigate broadcasters' concerns. 
Given the wide-spread availability of internet access and our goal of 
limiting costs for broadcasters, we also believe that continuing to 
require a complete paper public file is largely unnecessary and that 
the costs of such a duplicative requirement cannot be justified.
1. Commission Hosting of Online Public File
    12. Several participants in this proceeding have expressed concern 
about the costs required for broadcasters to create and host their own 
online public file. A few reconsideration petitioners suggested that 
the Commission should instead host the public file on its Web site, 
arguing that such a solution would be less burdensome to licensees, and 
would also be more efficient, since many public file items are already 
filed with the Commission. For instance, the Named State Broadcasters 
Association argued in its petition for reconsideration that the costs 
of hosting online public files should be borne by the Commission 
instead of individual stations, estimating that this will save 
broadcasters over $24 million in first-year costs, and almost $14 
million in annual costs thereafter.
    13. We tentatively agree that the paper public file requirement 
should be largely eliminated, and replaced with an online public file 
requirement hosted on the Commission's Web site. We believe it will be 
more efficient for the public and less burdensome for broadcasters to 
have all or most of their public files available in a centralized 
location. Pursuant to this approach, a member of the public could enter 
a station's call sign and access an electronic version of the public 
file, making the Commission's Web site a one-stop shop for information 
about broadcast television stations. This would be easier for the 
public than searching for individual stations' Web sites, which would 
have been required under the Report and Order. Because more than a 
third of the required contents of the public file have to be filed with 
the Commission in our Consolidated DataBase System (``CDBS'') under 
current rules, we propose that we will import and update any 
information that must already be filed with the Commission 
electronically in CDBS to each station's public file, which will be 
part of a database of all television station public files on the 
Commission's Web site.\15\ This will create efficiencies for 
broadcasters and centralize information for the public. Under this 
mechanism, broadcasters would be responsible for uploading only those 
items not otherwise filed with the Commission or available on the 
Commission's Web site. We expect that in order to upload information 
into its online public file, stations will need to log in, likely with 
their FCC Registration Numbers. We seek comment on this proposal.
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    \15\ A successful upload of a station's public file on the 
Commission's Web site would not be considered agency approval of the 
material contained in the filing. As with paper public files, the 
Commission staff would not review the material placed in each 
station's online public file for purposes of determining compliance 
with Commission rules on a routine basis. Thus, the purpose of 
online hosting would simply be to provide the public with ready 
access to the material.
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    14. We believe that requiring broadcasters to upload the required 
items to their online public files housed on the Commission Web site 
will not be unduly burdensome. With the exception of those categories 
discussed below, stations will be required to upload only those types 
of documents currently maintained in their public files and ensure that 
the online file contains all required information. Thus, for example, 
if a station does not have time brokerage agreements, joint sales 
agreements, or citizen agreements, there would be nothing in these 
categories for the station to upload, and the station would merely have 
to indicate that the category was not applicable. Stations that do have 
such agreements must only update them when the agreements change, or 
remove them when the agreements expire. Stations will also be expected 
to maintain their online public files actively, making sure they 
contain information as required by the public file rules and removing 
of items that are no longer required to be retained under our rules. 
Broadcasters have raised concerns about inclusion of some of the items 
listed above, such as the political file and letters and emails from 
the public. We seek comment on specific issues related to those items 
below.
    15. We also propose that stations will need to retain electronic 
copies for back-up purposes of all of the public file items to prepare 
for the unlikely event that the Commission's online public file 
database were to become unavailable or disabled. We do not believe that 
these electronic copies should be made generally available as an 
alternative to the Commission-hosted online public file. Therefore, we 
propose that such electronic copies need only be available to the 
Commission, and not the public, unless the online public file becomes 
unavailable or disabled for any reason, in which case stations must 
make their

[[Page 72150]]

copies available to the general public in whatever format they choose. 
Should copies of any items in the public file be more readily 
available? For instance, due to the short seven-day deadline to request 
equal opportunity appearances, and the importance of candidates having 
prompt access to the political file, particularly in the days leading 
up to an election, should additional steps be taken to ensure that 
access to the political file is maintained? Should we require that 
stations make the back-up political file information available to 
candidates, their representatives, and the public at their stations, in 
whatever format they prefer, at least in the short term as we gain 
experience with the files being hosted by the FCC? We note that 
whatever requirement we ultimately adopt, stations can continue to make 
the public file available locally if they choose to do so. We believe 
that once all public file documents are available electronically, it 
will not be burdensome to keep electronic copies at the station. We 
also consider it likely that broadcasters would retain electronic 
copies of such documents in the ordinary course of business. We seek 
comment on this proposal, including estimates of any burden imposed by 
this requirement. We also seek comment on how long such copies should 
be maintained. Should copies be retained for the same length of time 
that each item must be retained under our existing rules?
    16. Two petitioners on reconsideration suggested that broadcasters 
should be permitted to limit online public file access to viewers 
within a station's geographic coverage area. We see no reason to limit 
online access to the public file, and seek comment on this tentative 
conclusion. As we noted in the Report and Order, we believe it entirely 
consistent with Congressional intent in adopting section 309 of the Act 
to embrace a public file requirement that enhances the ability of both 
those within and those beyond a station's service area to participate 
in the licensing process. Additionally, allowing access to people 
within and outside the station's service area creates no additional 
burden; indeed, limiting it to local residents would require taking 
additional steps to screen those seeking access to a particular file. 
In addition, limiting access to those in a geographic area would 
prevent local residents from accessing the information while they are 
temporarily outside the region.
    17. Transition. A reconsideration petitioner proposed reducing the 
burden on licensees by limiting the online public file to material 
generated after any new rules become effective, thereby grandfathering 
all prior paper filings. We do not agree with this proposal. Pursuant 
to this approach, only items created after the adoption of the online 
public file requirement would be required to be uploaded, not items 
currently in the paper files. As previously stated, we believe that the 
one-time electronic scanning and uploading of existing documents, both 
from the current licensee and any prior licensee, would not be unduly 
burdensome and that adopting a grandfathering approach would be 
confusing to those seeking access to the information.\16\ Those viewing 
an online public file might remain unaware of the existence of 
documents in the paper public file. Moreover, such an approach would 
necessitate the continued maintenance of a robust paper file, 
diminishing the benefits of the online file in terms of improved public 
access to information. We seek comment on this view.
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    \16\ We recognize that an implementation plan needs to be 
developed to enable all television stations to post their public 
file documents in an orderly manner, possibly with rolling 
implementation dates. The Bureau, on delegated authority, will 
develop an implementation schedule and provide any necessary 
guidance regarding implementation issues at the appropriate time.
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    18. Accessibility. In the Report and Order, the Commission 
determined that television licensees must make their Web site public 
files accessible to people with disabilities. Many Petitioners asked 
for clarification of this requirement. The INC Report noted that the 
recently passed Twenty-First Century Communications and Video 
Accessibility Act will help ensure that people with disabilities will 
have access to new media. The Public Interest Public Airwaves Coalition 
(``PIPAC'') has requested that the Commission require broadcasters to 
ensure that the portions of their Web sites that host the public file 
are accessible to people with disabilities. Because the Commission is 
proposing to host all online public files, we do not believe that such 
a requirement will be necessary for these purposes.\17\ We intend to 
ensure that the online public files, like the rest of the Commission's 
Web site, are accessible to people with disabilities. Under section 508 
of the Rehabilitation Act, federal agencies must ensure that members of 
the public who are disabled and who are seeking information or services 
from a Federal agency ``have access to and use of information and data 
that is comparable to the access to and use of the information and data 
by such members of the public who are not individuals with 
disabilities.'' \18\ The Commission's Web site complies with this law. 
We invite comment on this matter.
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    \17\ While we do not address any Web site accessibility 
requirements at this time, we encourage broadcasters to provide the 
information currently available on their Web site in an accessible 
manner, as well as provide information about accessible programming, 
such as that with video description, as part of their efforts to 
meet the public interest obligation. Station Web sites can be a 
primary source of information for consumers and providing 
information, particularly about accessible programming, in an 
accessible manner would be beneficial to viewers.
    \18\ See 29 U.S.C. 794d(1)(A)(ii).
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2. Application of Online Posting Rule to Specific Public File 
Components
    19. Political File. In the Report and Order, the Commission 
excluded the political file from the Web site posting requirement, 
determining that the burden of placing a station's political file 
online outweighed the benefit of posting this information, which is 
most heavily used by candidates and their representatives. In a 
petition for reconsideration of the Report and Order, CLC et al. asked 
the Commission to reconsider the exclusion, contending that the 
decision focused exclusively on the interests of the candidates and 
broadcasters and not the public, researchers, and public interest 
organizations that also need to access the files. In response, NAB 
argued that the Commission correctly determined to exempt stations' 
political files from the Web site posting requirement, as this approach 
is consistent with the Commission's prior exemption of political files 
from the requirement that stations make copies of documents in the 
public file available to persons that call the station. More recently, 
PIPAC has argued that placing political file information online will 
reduce the burden on broadcasters, who often receive multiple daily in-
person requests to access this information during an election season.
    20. We propose that the political file should not be exempted from 
the online public file requirement. We agree with CLC et al. that the 
public is entitled to ready access to these important files. Since 
exempting the political file in 2007, we have learned that the vast 
majority of television stations handle political advertising 
transactions electronically, through emails and a variety of software 
applications. As a result, requiring them to make this information 
publicly available online appears to impose far less of a burden than 
previously thought. We emphasize, however, that the online political 
file would serve as a source of information to candidates, buyers, 
viewers, and others, but that the actual purchase of

[[Page 72151]]

advertising time and the receipt of equal time requests would continue 
to be handled by the station. We seek comment on these proposals and 
the relative burdens and benefits that broadcasters would face under 
this requirement. We also seek comment about the logistics of making 
this file available online. Our rules currently require that records 
should be placed in the political file ``as soon as possible'' and ``as 
soon as possible means immediately absent unusual circumstances.'' \19\ 
We tentatively conclude that stations should similarly be required to 
upload the same records to their online political file ``immediately 
absent unusual circumstances.'' Immediacy is necessary with respect to 
the political file because a candidate has only seven days from the 
date of his opponent's appearance to request equal opportunities for 
that appearance. We also seek comment on methods and procedures that 
can be implemented to enable the near real-time upload of political 
file documents during periods of heightened activity. Can the 
Commission assist in making tools available to enable such immediate 
uploads and make such immediate filing as non-burdensome as possible?
---------------------------------------------------------------------------

    \19\ See 47 CFR 73.1943(c).
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    21. Finally, we note that the public file rule requires licensees 
to keep ``a complete and orderly'' political file. Accordingly, we 
would expect licensees to upload any political file information to the 
online file in an organized manner so that the political file does not 
become difficult to navigate due to the sheer number of filings. For an 
online political file to be useful, candidates and members of the 
public must be able to easily find information that they seek. Should 
the Commission create federal, state, and local subfolders for each 
station's political file? Should we allow stations to create additional 
subfolders within the political file? For instance, should stations be 
able to create subdivisions within federal, state and local races, to 
reflect individual political races? We seek comment on any other 
methods of organization that would make the information more easily 
accessible, and also lessen the number of questions that broadcasters 
would have to field about the contents and organization of the 
political file.
    22. Letters From the Public. A station must currently retain in its 
paper public file all letters and emails from the public regarding 
operation of the station unless the letter writer has requested that 
the letter not be made public or the licensee feels that it should be 
excluded due to the nature of its content, such as a defamatory or 
obscene letter. In the 2007 Report and Order the Commission determined 
that stations would not be required to post letters from the public on 
their online public files, due to the burden and cost. The Commission 
did, however, require that public comments sent by email to the station 
be placed in the station's online public file, as the costs of posting 
correspondence already in electronic form would be less burdensome on 
the station than uploading paper comments to electronic form. Several 
reconsideration petitioners asked that we also exempt email from the 
posting requirement, arguing that requiring their inclusion raises 
privacy concerns. They asserted that posting emails from children 
online may result in violations of the Children's Online Privacy 
Protection Act, which prohibits posting children's personally 
identifiable information online. These petitioners also argued that the 
Commission oversimplified the costs of such a requirement, since 
station personnel would need to review and redact all emails to strip 
them of personally identifiable information before posting them. The 
public interest community responded that privacy concerns could be 
ameliorated through the use of warnings to posters that their 
submissions would become part of the public file, and that an online 
form could be used that conceals personal information. More recently, 
PIPAC recommended that the Commission eliminate letters and email from 
the online public file requirement. They suggest that in order to alert 
members of the public to letters and emails, stations should instead be 
required to disclose the total number of letters available at the 
station and provide a notice that these materials are available for 
public viewing at the main studio consistent with existing paper public 
file rules.
    23. We propose that letters and emails from the public should not 
be required to be placed online. We agree that the privacy and burden 
concerns discussed above are significant enough to merit their 
exclusion. Letters and emails from the public that are currently 
included in the public file, like the rest of the file's contents, are 
already publicly available. We recognize that making this information 
available online would make it much more readily accessible to the 
public, but such increased accessibility may not be expected by viewers 
who communicate with their stations and may actually make some viewers 
less inclined to write to their stations. We seek comment on whether 
the concerns discussed above justify our proposal to exempt such 
communications from the online disclosure requirement. Alternatively, 
should we allow or require stations to redact personally identifiable 
information before posting online? While we propose that the online 
public file should largely replace the paper public file, we seek 
comment on PIPAC's proposal to require broadcasters to continue to 
retain copies of such letters at the station for public viewing in a 
paper file or an electronic database at their main studios. We envision 
that such a requirement would be limited to correspondence, and would 
not require any other public file information be publicly available at 
the station. Would such a correspondence file requirement be limited 
enough in scope to justify any additional burdens? We also seek comment 
on PIPAC's proposal to require stations to report quarterly on how many 
letters they have received. What would be the benefits of requiring 
stations to count and report how many letters they have received? What 
would be the burdens of such a requirement? Should we consider 
requiring a brief description of the letter(s) received? We seek 
comment on these and any other suggestions or proposals that would make 
letters and emails from the public more easily accessible while at the 
same time addressing privacy concerns. We also seek comment on whether 
stations should have to retain comments left by the public on social 
media pages, like Facebook. Should those be considered ``written 
comments and suggestions received from the public regarding operation 
of the station''? We tentatively conclude that such information should 
not be required to be maintained in the correspondence file. We seek 
comment on this tentative conclusion. We also seek comment on whether 
any other contents of the public file raise similar privacy concerns, 
such as donor lists that NCEs must include in the public file, as 
required by 73.3527(e)(9).
    24. Contour maps. Maps showing stations' service contours are 
available on the Commission's Web site, and are derived from 
information provided by stations in the CDBS. Stations are also 
required to include contour maps in their public files; unlike the ones 
available on the Commission's Web site, these include the station's 
service contours and/or main studio and transmitter location. In their 
petition for reconsideration of the Report and Order, the Joint 
Broadcasters asked whether the availability of contour maps on the 
Commission's Web site is sufficient. We believe that the contour maps 
available on the Commission's Web site are

[[Page 72152]]

sufficient as they provide necessary information regarding a station's 
service contours, and seek comment on this issue. We discuss requiring 
information about a station's main studio in section 3 below.
    25. The Public and Broadcasting manual. We propose to eliminate the 
requirement that stations make available ``The Public and 
Broadcasting'' manual in their public files. ``The Public and 
Broadcasting'' is a consumer manual that provides an overview of the 
Commission's regulation of broadcast radio and television licensees. 
This manual is already available on the Commission's Web site. As we 
look to centralize all public inspection files, we no longer believe it 
will be necessary for every station's electronic public file to contain 
this manual, nor will stations need to keep a copy at the station. 
Instead, we propose to make ``The Public and Broadcasting'' prominently 
available within the public file portion of the Commission's Web site 
once it is created. We seek comment on this proposal.
    26. Issues/programs lists. All broadcasters must currently include 
in their public files issues/programs lists covering the current 
license term, which are a lists of programs that have provided the 
stations' most significant treatment of community issues during the 
preceding quarter. In the 2007 Report and Order, we noted the 
deficiencies of the issues/programs lists, and replaced the requirement 
with a standardized disclosure form, subject to final OMB approval, as 
discussed above. As noted above, we have vacated the 2007 Report and 
Order. Although the issues/programs list required under the current 
rules provides some information to the public and establishes a record 
of some of a station's community-oriented programming, we continue to 
believe that it suffers from several drawbacks and intend to promptly a 
Notice of Inquiry to seek further input on a new standardized form. We 
propose that broadcasters should be required to post to their online 
public file, on a quarterly basis, their issues/programs lists required 
under current rules, until the Commission replaces the issues/programs 
list with a new standardized form, which we seek to address in an 
expedited fashion. We seek comment on this proposal.
    27. FCC investigations and complaints. Stations are required to 
maintain in their public file material relating to a Commission 
investigation or complaint. A petition for reconsideration of the 
Report and Order suggested excluding from a station's online public 
file any material that is the subject of an indecency investigation or 
complaint. The petitioner argued that posting materials related to an 
indecency investigation online would be inappropriate, since it is 
inconsistent with the purpose of the Commission's indecency regime, 
which is to protect children. They argued that because children have 
easy access to an online public file, but not to a station's paper 
public file, any material related to indecency investigations should be 
available in a station's paper public file only. We think it is 
important that material relating to indecency investigations not be 
excluded from the online public file, given its relevance to the 
renewal process. We do not believe that making this information 
available in the public file portion of the Web site will increase the 
risk to children, since the Commission already posts materials related 
to indecency investigations on its Web site. We seek comment on this 
proposal. We also seek comment on whether the FCC should post published 
sanctions, including forfeiture orders, notices of violation, notices 
of apparent liability, and citations, in a station's online public 
file. If so, should licensees be required to upload their responses, if 
any, to these FCC actions? We believe that this is the sort of 
information that the public would want to find in reviewing a 
licensee's public file, and is a natural extension of the requirement 
to retain FCC correspondence. We note that parties could seek 
confidential treatment of particular information in the filings, if 
necessary.
3. Potential Items To Be Added to the Online Public File Requirement
    28. The INC Report noted the importance of making online disclosure 
a pillar of media policy and the public's need to have a more granular 
understanding of how broadcasters use their stations and serve the 
public. Given that we seek to modernize public disclosure requirements, 
we also seek comment on adding main studio information, sponsorship 
identification information, and any sharing agreements to a station's 
online public file. While we seek to avoid unduly burdening 
broadcasters, we do not believe that this modest expansion of the 
public file will be burdensome and we believe that this information 
will be useful to the public.
    29. Main Studio Information. As discussed above, stations are 
currently required to include contour maps in their public files, which 
must include the station's service contours and/or main studio and 
transmitter location. The contour maps available on the Commission's 
Web site, which we propose today to fulfill the online public file 
requirement, does not include main station information. Further, the 
Commission does not require the reporting of a station's main studio. 
We believe this information will help members of the public to engage 
in an active dialogue with broadcast licensees regarding its servi