Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations, 37638-37647 [2012-12952]
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
1. A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
2. Submission of the SNUN would not
cost any small entity significantly more
than $8,300. Therefore, the
promulgation of the SNUR would not
have a significant economic impact on
a substantial number of small entities.
D. Unfunded Mandates Reform Act
Based on EPA’s experience with
proposing and finalizing SNURs, State,
local, and Tribal governments have not
been impacted by these rulemakings,
and EPA does not have any reasons to
believe that any State, local, or Tribal
government would be impacted by this
proposed rule. As such, EPA has
determined that this proposed rule
would not impose any enforceable duty,
contain any unfunded mandate, or
otherwise have any affect on small
governments subject to the requirements
of sections 202, 203, 204, or 205 of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
E. Executive Order 13132
This action would not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999).
F. Executive Order 13175
This proposed rule would not have
Tribal implications because it is not
expected to have substantial direct
effects on Indian Tribes. This proposed
rule would not significantly nor
uniquely affect the communities of
Indian Tribal governments, nor would it
involve or impose any requirements that
affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175,
entitled Consultation and Coordination
With Indian Tribal Governments (65 FR
67249, November 9, 2000), do not apply
to this proposed rule.
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G. Executive Order 13045
This action is not subject to Executive
Order 13045, entitled Protection of
Children From Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
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H. Executive Order 13211
This proposed rule is not subject to
Executive Order 13211, entitled Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use and because this
action is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and
Advancement Act
processing, or use where no more than
5 percent of particles are less than 10
microns).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in § 721.125
(a), (b), (c), and (i) are applicable to
manufacturers, importers, and
processors of these substances.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
In addition, since this action does not
involve any technical standards, section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note), does not
apply to this action.
[FR Doc. 2012–15225 Filed 6–21–12; 8:45 am]
J. Executive Order 12898
FEDERAL COMMUNICATIONS
COMMISSION
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: June 14, 2012.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, it is proposed that 40 CFR
part 721 be amended as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Add § 721.10423 to subpart E to
read as follows:
§ 721.10423 Complex strontium aluminum,
rare earth doped (generic).
(a) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substances identified
generically as complex strontium
aluminum, rare earth doped (PMNs P–
12–22, P–12–23, P–12–24, P–12–25, and
P–12–26) are subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j) (manufacture,
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BILLING CODE 6560–50–P
47 CFR Part 73
[MB Docket No. 12–106; FCC 12–43]
Noncommercial Educational Station
Fundraising for Third-Party Non-Profit
Organizations
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission proposes to allow
noncommercial educational (NCE)
broadcast stations to conduct on-air
fundraising activities that interrupt
regular programming for the benefit of
third-party non-profit organizations.
This proposed rule change would
reduce or eliminate the need for NCE
stations to seek a waiver of the
Commission’s rules to interrupt regular
programming to conduct third-party
fundraising and would afford NCE
stations more flexibility in choosing
which non-profit entities to support
through on-air fundraising.
DATES: Comments for this proceeding
are due on or before July 23, 2012; reply
comments are due on or before August
21, 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
August 21, 2012.
ADDRESSES: You may submit comments,
identified by MB Docket No. 12–106, by
any of the following methods:
D Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
SUMMARY:
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
D 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
(although the Commission continues to
experience delays in receiving U.S.
Postal Service mail). All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
D 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 PRA comments
on the 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, contact Kathy
Berthot, Kathy.Berthot@fcc.gov, of the
Media Bureau, Policy Division, (202)
418–7454. For additional information
concerning the information collection
requirements contained in this
document, send an email to
PRA@fcc.gov or contact Cathy Williams
at (202) 418–2918. 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 shown 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.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
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Proposed Rulemaking, FCC 12–43,
adopted on April 25, 2012 and released
on April 26, 2012. 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 (https://www.fcc.gov/
cgb/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. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an email 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 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 August 21,
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.’’
OMB Control Number: None.
Title: Section 73.503, Licensing
requirements and service; Section
73.621, Noncommercial educational TV
stations; Section 76.3527, Local public
inspection file of noncommercial
educational stations.
Form Number: Not applicable.
Type of Review: New information
collection.
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Respondents: Not for-profit
institutions.
Number of Respondents and
Responses: 2,200 respondents/30,800
responses.
Estimated Time per Response: 0.25 to
1.5 hours.
Frequency of Response: Annual
reporting requirement; One-time
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: 17,050 hours.
Total Annual Costs: $330,000.
Privacy Act Impact Assessment: No
impact.
Nature and Extent of Confidentiality:
There is no general need for
confidentiality with these information
collections. However, 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: On April 25, 2012,
the Commission adopted a Notice of
Proposed Rulemaking (NPRM),
Noncommercial Educational Station
Fundraising for Third-Party Non-Profit
Organizations, MB Docket No. 12–106,
FCC 12–43. In the NPRM, the
Commission proposes to allow NCE
stations to spend up to one percent of
their total annual airtime conducting
fundraising activities that interrupt
regular programming for the benefit of
third-party non-profit organizations.
The NPRM proposes to add or revise
the following rule sections, which
contain proposed information collection
requirements: 47 CFR 73.503(e)(1), 47
CFR 73.503(e)(2), 47 CFR 73.503(e)(3),
47 CFR 73.621(f)(1), 47 CFR 73.621(f)(2),
47 CFR 73.621(f)(3), 47 CFR
73.3527(e)(14).
Pursuant to proposed 47 CFR
73.503(e)(1), a noncommercial
educational FM broadcast station that
intends to interrupt regular
programming to conduct fundraising
activities on behalf of third-party nonprofit organizations must file an opt-in
notification with the FCC prior to
engaging in such fundraising activities.
Pursuant to proposed 47 CFR
73.503(e)(2), a noncommercial
educational FM broadcast station that
interrupts regular programming to
conduct fundraising activities on behalf
of third-party non-profit organizations
must air a disclosure during such
activities clearly stating that the
fundraiser is not for the benefit of the
station itself and identifying the entity
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for which it is fundraising and the
specific cause, if any, supported by the
fundraiser. The station must air the
audience disclosure at the beginning
and the end of each fundraising program
and at least once during each hour in
which the program is on the air.
Pursuant to proposed 47 CFR
73.503(e)(3), a noncommercial
educational FM broadcast station that
interrupts regular programming to
conduct fundraising activities on behalf
of third-party non-profit organizations
must file a report with the FCC on an
annual basis describing such
fundraising activities.
Pursuant to proposed 47 CFR
73.621(f)(1), a noncommercial
educational television station that
intends to interrupt regular
programming to conduct fundraising
activities on behalf of third-party nonprofit organizations must file an opt-in
notification with the FCC prior to
engaging in such fundraising activities.
Pursuant to proposed 47 CFR
73.621(f)(2), a noncommercial
educational television station that
interrupts regular programming to
conduct fundraising activities on behalf
of third-party non-profit organizations
must air a disclosure during such
activities clearly stating that the
fundraiser is not for the benefit of the
station itself and identifying the entity
for which it is fundraising and the
specific cause, if any, supported by the
fundraiser. The station must air the
audience disclosure at the beginning
and the end of each fundraising program
and at least once during each hour in
which the program is on the air.
Pursuant to proposed 47 CFR
73.621(f)(3), a noncommercial
educational television station that
interrupts regular programming to
conduct fundraising activities on behalf
of third-party non-profit organizations
must file a report with the FCC on an
annual basis describing such
fundraising activities.
Pursuant to proposed 47 CFR
73.3527(e)(14), each noncommercial
educational FM broadcast station and
each noncommercial educational TV
broadcast station that interrupts regular
programming to conduct fundraising
activities on behalf of third-party nonprofit organizations must maintain a
copy of its annual report describing its
fundraising activities in its public
inspection file until final action has
been taken on the station’s next license
renewal application.
The opt-in notification will serve to
inform the FCC and interested nonprofit groups which NCE stations intend
to engage in third-party fundraising
activities. The audience disclosure will
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clearly identify for the NCE station’s
audience the entity for which the station
is conducting fundraising. Commission
staff will use the data in the annual
reports to assess the effectiveness of
allowing NCE stations to conduct thirdparty fundraising for non-profit
organizations and to ensure that NCE
stations comply with the one percent
limit on third-party fundraising. The
public will use the data in the reports
to assess how NCE stations are serving
the public interest and their local
communities.
The Commission is seeking OMB
approval for the proposed information
collection requirements.
Summary of the Notice of Proposed
Rulemaking
I. Introduction
1. In this Notice of Proposed
Rulemaking (NPRM), we solicit
comment on whether and under what
circumstances to allow noncommercial
educational (NCE) broadcast stations to
conduct on-air fundraising activities
that interrupt regular programming for
the benefit of third-party non-profit
organizations. Under the Commission’s
rules, in the absence of a waiver, an
NCE station may not conduct
fundraising activities to benefit any
entity besides the station itself if the
activities would substantially alter or
suspend regular programming. The
recent report on ‘‘The Information
Needs of Communities’’ (INC Report)
recommended that we consider
affording noncommercial broadcasters
more flexibility by allowing certain NCE
stations to engage in fundraising for
charities and other third-party nonprofit organizations. This NPRM
promotes the goals of Executive Order
13579 by analyzing whether the
Commission’s longstanding policy
against fundraising for third-party nonprofits may be tailored to grant NCE
stations limited flexibility without
undermining the policy’s important
goals.
II. Background
2. Under longstanding Commission
policy, an NCE station may not conduct
fundraising activities that substantially
alter or suspend regular programming
and are designed to benefit any entity
other than the station itself. ‘‘Regular
programming’’ includes programming
that ‘‘the public broadcaster ordinarily
carries, but does not encompass those
fundraising activities that suspend or
alter their normal programming fare.’’
The Commission implemented this
policy to reflect the concern that
‘‘educational stations are licensed to
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provide a noncommercial broadcast
service, not to serve as a fund-raising
operation for other entities by
broadcasting material that is ‘akin to
regular advertising.’ ’’
3. The Commission has relaxed some
of its other policies governing the
broadcast of promotional
announcements by NCE stations.
Throughout this process, however, a
concern that these changes not
adversely affect the educational
programming mission or
noncommercial character of these
stations has persisted. For example, in
1981, the Commission determined that
stations could acknowledge
contributions made by donors, but it
continued to prohibit the broadcast of
promotional announcements by NCE
licensees in exchange for consideration,
regardless of whether the sponsor of a
given announcement was a for-profit or
non-profit organization. The
Commission adopted these policies to
‘‘‘strike a reasonable balance between
the financial needs of [public broadcast]
stations and their obligation to provide
an essentially noncommercial broadcast
service’ and eliminate those proscriptive
regulations deemed unnecessary to
preserve the media’s noncommercial
nature.’’ Notably, the revised policy
regarding contributions by donors was
specifically intended to benefit the
station itself and its need for funding to
continue to serve its local audience
through noncommercial and
educational programming.
4. Later in 1981, Congress adopted
section 399B of the Communications
Act of 1934, which prohibits NCE
stations from broadcasting
‘‘advertisements,’’ defined as
Any message or other programming
material which is broadcast or otherwise
transmitted in exchange for any
remuneration, and which is intended—
(1) To promote any service, facility, or
product offered by any person who is
engaged in such offering for profit;
(2) To express the views of any person with
respect to any matter of public importance or
interest; or
(3) To support or oppose any candidate for
political office.1
In light of this statute’s enactment, the
Commission reviewed its NCE policies
in 1982. In the resulting Policy
Statement, the Commission determined
that non-profit organizations are
excluded from the meaning of the
phrase ‘‘any person who is engaged in
such offering for profit’’ in Section
399B.2 Thus, the Commission revised
1 47
U.S.C. 399b(a), 399b(b)(1).
Commission Policy Concerning the
Noncommercial Nature of Educational Broadcast
2 See
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the Second Report’s determination
regarding consideration received to
allow the broadcast of promotional
announcements sponsored by non-profit
organizations in order to conform the
rule to section 399B of the Act.3 Despite
these changes and other liberalizations
of the fundraising and donor
acknowledgment rules, the Commission
continued the ban on conducting
fundraising activities which
substantially alter or suspend regular
programming and are designed to
benefit any entity other than the station
itself, codifying these requirements in
§§ 73.503(d) and 73.621(e) of the
Commission’s rules. Those rules
provide, in pertinent part, that ‘‘[t]he
scheduling of any announcements
* * * may not interrupt regular
programming.’’ 4
5. Commission staff has occasionally
granted waivers of these rules in
extraordinary circumstances. For
example, the Commission granted a
waiver to the licensee of an NCE
television station to broadcast a threehour fundraiser for Wolf Trap
Foundation, with the money to be used
to rebuild the Filene Center at Wolf
Trap Farm Park which had burned
down. The Commission granted the
waiver in part based on the fact that the
fundraising programming would be
consistent with regular programming, in
that more than half of the program
would consist of excerpts of past
programs broadcast by the NCE station
that had originated from Wolf Trap
Farm, and the remainder of the program
would consist of interviews with and
performances from stars who had
appeared at Wolf Trap.
6. Similarly, the former Mass Media
Bureau granted a waiver of §§ 73.621(e)
and 73.503(d) of the Commission’s rules
to the licensee of an NCE radio station
and an NCE television station in West
Palm Beach, Florida, where the
President had declared Dade County a
disaster area following Hurricane
Andrew. The stations proposed to
broadcast a two-hour simulcast along
with four area commercial television
stations to raise funds and donations
and provide information for the
hurricane relief effort. The staff granted
the waiver in recognition of the
catastrophic events that had occurred,
the stations’ unique ability to serve the
area affected by the disaster, and the
limited length of the program. The
Stations, Memorandum Opinion and Order, 90 FCC
2d 895, 897, para.3 (1982).
3 See Commission Policy Concerning the
Noncommercial Nature of Educational Broadcast
Stations, Second Report and Order, 86 FCC 2d 141,
157–58, paras. 42–43 (1981).
4 47 CFR 73.503(d), 73.621(e).
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Commission has also granted rule
waivers for fundraising for other
singular catastrophic events, such as
Hurricane Katrina, the September 11,
2001 terrorist attacks, the January 2005
tsunami in Southeast Asia, and the
January 2010 earthquake in Haiti. More
recently, the Commission established
informal procedures through which
NCE licensees could request
Commission approval to conduct
fundraising to aid the Japan earthquake
and tsunami relief efforts, noting that it
has granted waivers of § 73.503(d) for
‘‘fundraising appeals to support relief
efforts following disasters of particular
uniqueness or magnitude’’ and that such
waivers ‘‘have been issued for a specific
fundraising program or programs, or for
sustained station appeals for periods
which generally do not exceed several
days.’’ In contrast, in 1995, the staff
denied a request for a waiver of
§ 73.503(d) where the proposed
fundraising for the Muscular Dystrophy
Association occurred annually to
address ongoing needs and was not
limited to a specific one-time problem.
7. In June 2011, a working group
including Commission staff, scholars
and consultants released the INC
Report, a comprehensive report on the
current state of the media landscape.
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 the need to remove unnecessary
burdens on broadcasters who aim to
serve their communities. Noting
comments from the National Religious
Broadcasters (NRB), the INC Report
recommended that we consider
affording noncommercial broadcasters
more flexibility by allowing NCE
stations that are not grantees of the
Corporation for Public Broadcasting
(CPB) to spend up to one percent of
their annual airtime doing fundraising
for charities and other third-party nonprofit organizations. In order to be
eligible for CPB funding, an NCE station
must devote the substantial majority of
its daily total programming hours
broadcast on all of its channels to CPBqualified programming, which is
defined as ‘‘general audience
programming that serves demonstrated
community needs of an educational,
informational and cultural nature.’’
Programs that ‘‘further the principles of
particular political or religious
philosophies, or that are designed
primarily for in-school or professional
in-service audiences’’ are not
considered CPB-qualified programming.
Campus stations managed and operated
by and for students, stations licensed to
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political organizations, and stations that
provide in-service training programming
to licensee employees, clients, or
representatives are also ineligible for
CPB funding. The INC Report noted that
having local charities on the air can be
a useful way of informing residents
about problems in their communities
and can help NCE stations achieve their
public service or religious missions. The
INC Report also recommended that
broadcasters that take advantage of this
flexibility be required to disclose how
the fundraising time is used, including
how it is helping charities in the local
community, so that the Commission can
assess the effectiveness of providing this
flexibility.
III. Notice of Proposed Rulemaking
8. We invite comment on whether it
is in the public interest to revise our
rules restricting the ability of NCE
stations to conduct fundraising on
behalf of third-party non-profit
organizations. We believe that the
original concerns animating the
longstanding restriction remain valid.
Nevertheless, as shown by the past grant
of waivers, the Commission has
concluded that an NCE station can
conduct certain fundraising activities on
behalf of other non-profit organizations
in some circumstances without
sacrificing its noncommercial nature. It
has generally sought to limit such
waivers to short-term fundraising
intended to assist communities that
have suffered singular misfortunes of
historic dimensions or, more rarely, to
benefit non-profit organizations directly
tied to the programming activities of the
stations. We seek comment on whether
a blanket prohibition on the substantial
interruption of programming for thirdparty fundraising remains necessary to
preserve NCE stations’ noncommercial
nature and to retain those stations’ focus
on their designated function of serving
their communities of license through
educational programming, or whether it
would serve the public interest to grant
NCE stations some flexibility to
substantially interrupt programming to
conduct fundraising on behalf of other
non-profits. If we determine that more
flexibility is necessary and appropriate,
we seek comment on how we should
modify our existing rules, and on what
grounds.
9. We propose to relax the prohibition
on third-party fundraising for NCE
stations and seek comment on that
proposal. We further invite comment on
whether we should limit the scope of
our action and, if so, what the
limitations should be and why. As
noted above, the INC Report
recommended that we revise our rules
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Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
to allow only NCE stations that are not
CPB grantees, such as most religious
broadcasters, to conduct fundraising for
the benefit of third-party non-profit
organizations. The INC Report stated
that some public broadcasting officials
do not want the flexibility to engage in
fundraising activities for third-party
non-profit organizations because ‘‘it
would put them in the awkward
position of deciding which worthy
causes to support and which to reject.’’
We invite comment on whether and
how we should limit the NCE stations
that may engage in limited third-party
fundraising to address this concern.
How would the Commission justify any
such limitation? Is third-party
fundraising less likely to trigger the
concerns underlying the prohibition if
conducted by certain NCE stations?
Alternatively, should we require NCE
stations to opt in to the proposed
relaxation, as discussed below, so that
NCE stations that do not want flexibility
to engage in third-party fundraising can
simply decline to opt in? We also invite
comment on the First Amendment
implications of any limitation on the
classes of NCE stations that may
conduct third-party fundraising.
10. As noted, section 399B prohibits
NCE stations from broadcasting, in
exchange for remuneration,
programming material intended to
promote any service, facility or product
offered by any person who is engaged in
such offering for profit. Thus, if we
decide to allow NCE stations additional
flexibility to conduct fundraising for
other entities, the statute requires that
they be limited to non-profit entities.
We seek comment on whether the
Commission should further limit the
kinds of non-profit organizations that
may be the beneficiaries of fundraising
conducted by NCE stations. In the
Policy Statement, the Commission noted
that ‘‘‘non-profit’ entities encompass a
multitude of organizations with varied
purposes and functions.’’ The
Communications Act of 1934 defines
the term ‘‘non-profit’’ (as applied to any
foundation, corporation, or association)
to mean ‘‘a foundation, corporation, or
association, no part of the net earnings
of which inures, or may lawfully inure,
to the benefit of any private shareholder
or individual.’’ 5 NRB suggests that we
limit the class of entities for which
fundraising may be conducted to
organizations which are non-profit
under section 501(c)(3) of the Internal
5 47 U.S.C. 397(8) (defining the term ‘‘non-profit’’
for purposes of Title III, Part IV, Subpart E of the
Act).
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Revenue Code 6 and that we allow
fundraising when ‘‘the fundraising
activities exempted shall be directed to
an identified, bona fide charitable,
educational, or religious need which the
non-profit 501(c)(3) organization is
equipped and committed to aid.’’ We
seek comment on these suggestions. In
order to eliminate uncertainty for NCE
stations, would it be appropriate to
allow fundraising for any entity that
qualifies as a non-profit organization
under section 501(c)(3) of the Internal
Revenue Code? Should we establish any
additional criteria to ensure that
fundraising on behalf of non-profit
entities is consistent with NCE stations’
mission to serve their local communities
through educational and
noncommercial programming? As
discussed above, the INC Report
suggested that having local charities on
the air can be a useful way of informing
residents about problems in their
communities and can help NCE stations
achieve their public service or religious
missions. Would it further our interest
in localism to limit NCE stations to
soliciting donations for local non-profit
organizations? Furthermore, given that
third-party fundraising on behalf of
affiliated entities may restrict an NCE
station’s ability to conduct fundraising
for local non-profit organizations,
should we limit fundraising on behalf of
third parties to unaffiliated third
parties? If so, how should we define
‘‘affiliated’’? If we limit any new
flexibility for NCE stations to
fundraising for local non-profit entities,
should we also retain our existing
waiver process for fundraising activities
for singular catastrophic events
regardless of whether they are local in
nature?
11. In the event that we decide to
modify the proscription on NCE
broadcast stations interrupting regular
programming to conduct fundraising
activities on behalf of other non-profit
organizations, we invite comment on
how much flexibility to grant NCE
stations to devote to this activity. NRB
notes that because NCE licensees rely on
fundraising to support their own
operations, these stations will not want
to broadcast ‘‘[e]xcessive appeals for
other non-profit groups’’ because they
‘‘could negatively impact the licensee’s
own self-interests by diverting public
support away from the broadcaster
* * *’’ Approximately how much time
do NCE stations spend each year
6 Section 501(c)(3) provides that certain
corporations, foundations, or other organizations
that operate exclusively for religious, charitable,
scientific, educational, or certain other non-profit
purposes, are exempt from federal income taxation.
See 26 U.S.C. 501(c)(3).
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broadcasting fundraisers on their own
behalf? We are concerned that
permitting NCE broadcasters to use too
much of their airtime for unrelated nonprofit fundraising could undermine the
noncommercial character of the
participating facilities and divert these
stations from their primary function of
providing service to their communities
of license through programming. Thus,
we believe a strict, if not a complete,
limit on such activities would be
advisable. The INC Report
recommended that we consider
allowing third-party fundraising so long
as it does not exceed one percent of the
broadcaster’s total annual airtime. We
invite comment on this approach. With
respect to NCE television stations, we
seek comment on how the
recommended one percent limit on
third-party fundraising should be
calculated and applied for stations that
multicast programming on several
different channels. We also seek
comment on how we should enforce a
relaxed limit on the amount of time that
NCE stations may devote to third-party
fundraising. Would an annual limit of
one percent be sufficient to allow
stations to use third-party fundraising
flexibility both for the kinds of planned
fundraising contemplated in the INC
Report and for fundraising activities for
disasters and other singular catastrophic
events that in the past have required
waivers? The Commission has
traditionally granted waivers only for
fundraising activities of ‘‘limited
duration.’’ In addition to an annual
limit, should fundraising activities
continue to be circumscribed in this
way, such as by adopting a durational
limit on a specific program and/or on a
discrete fundraising effort?
12. In the event we modify the current
prohibition, we invite comment on
whether we should require that an NCE
station itself conduct all third-party
fundraising activities, including
collecting funds and distributing the
funds to the non-profit entity, rather
than airing fundraising programs
produced by the non-profit organization
or some other entity on behalf of the
non-profit organization. Would
requiring an NCE station to locally
produce its third-party fundraising
activities promote localism? What are
the potential benefits and costs of
requiring NCE stations to locally
produce third-party fundraising
activities? Are there any other
limitations we should consider
imposing in order to preserve the
noncommercial and educational
character of the NCE programming
service?
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13. Section 399B prohibits the airing,
in exchange for remuneration, of
programming material intended to
express views on matters of public
importance or interest, or to support or
oppose political candidates. We note
that on April 12, 2012, the Ninth Circuit
Court of Appeals struck down as
unconstitutional section 399B’s ban on
public interest and political
advertisements by NCE stations.7
Accordingly, we will not enforce section
399B’s ban on public interest and
political advertisements in the Ninth
Circuit once the court’s mandate goes
into effect. Nevertheless, to the extent
any fundraising that stations would like
to conduct under a relaxed policy
would fall into these categories, we
invite comment on whether the
statutory term ‘‘remuneration’’ includes
repayment of a station’s expenses
associated with such fundraising
activities. Additionally, we seek
comment on whether section 399B
places any other limitations on the
revision of our existing rules to permit
substantial interruption of regular
programming for fundraising activities
on behalf of non-profit organizations.
14. We recognize that in certain
situations third-party fundraising by an
NCE station could potentially confuse
the station’s audience. For example,
where an NCE station conducts
fundraising activities on behalf of a nonprofit organization or charity that is
closely affiliated with the station, it may
be unclear to the audience whether the
station is fundraising for the station
itself or for another entity. In the event
that we decide to modify the third-party
fundraising policy, in order to avoid
audience confusion, should we require
NCE stations to air a specified
disclosure that clearly identifies the
entity for which the station is
conducting the fundraising? If so, what
form should this disclosure take? Would
it be sufficient for the station to clearly
state that the fundraiser is not to benefit
the station itself and to identify the
entity for which it is fundraising and the
specific cause, if any, supported by the
fundraiser? How frequently during each
fundraising effort or program should the
NCE station air the disclosure? We
invite comment on whether we should
require the NCE station to air the
disclosure at the beginning and the end
of the fundraising program and at least
once during each hour in which the
program is on the air.
15. We also seek comment on
whether, in the event that we decide to
7 See Minority Television Project, Inc. v. FCC, No.
09–17311, 2012 WL 1216284, at *17 (9th Cir. Apr.
12, 2012).
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modify the third-party fundraising
policy, we should require NCE stations
that interrupt regular programming to
conduct fundraising for third-party nonprofit organizations to submit reports to
the Commission on their fundraising
activities. The INC Report
recommended that the Commission
consider requiring NCE broadcasters to
disclose how they are utilizing
fundraising time for third-party nonprofit organizations so that the FCC can
assess the effectiveness of the additional
flexibility recommended therein. If we
require NCE stations to submit reports
on third-party fundraising, what
information should the stations be
required to include in the reports? For
example, the reports could include, for
each fundraiser, the date and time of the
fundraiser, the name of the non-profit
entity benefitted by the fundraiser and
whether this entity is a local
organization, the specific cause, if any,
supported by the fundraiser, the type of
fundraising activity, the duration of the
fundraiser, and the total funds raised.
We seek comment on whether each of
these reporting elements would be
useful. What, if any, additional
information should be included? Should
NCE stations be required to file the
reports on an annual basis? While we do
not believe that filing such reports
would be unduly burdensome, we invite
suggestions for minimizing the reporting
burden on NCE broadcasters.
Furthermore, we invite comment on
whether we should require NCE stations
to include their reports on third-party
fundraising in their public files. Such a
requirement would help to ensure that
the public has access to information
about how NCE broadcasters are serving
the public interest and their local
communities. Beyond the abovedescribed reporting requirements, we
also invite comment on whether some
form of assurance regarding compliance
with the third-party fundraising limits
should be required—such as
certification of such compliance on
licensees’ renewal applications. This is
a common method used to verify
compliance in other areas, and could
assist in raising awareness of the
limitations on this activity and ensuring
compliance with the new rules.
16. Finally, we invite comment on
whether we should require NCE stations
that want to participate in fundraising
for third-party non-profit organizations
to affirmatively ‘‘opt in’’ by filing a
letter or notification with the
Commission. An opt in notification
would serve to inform both the
Commission and interested non-profit
groups which NCE stations intend to
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engage in third-party fundraising
activities.
IV. Procedural Matters
A. Initial Regulatory Flexibility Act
Analysis
17. As required by the Regulatory
Flexibility Act, as amended (RFA), the
Commission has prepared this Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on a substantial number of small
entities by the policies and rules
considered in the attached Notice of
Proposed Rulemaking (NPRM). Written
public comments are requested on this
IRFA. Comments must be identified as
responses to the IRFA and must be filed
by the deadlines for comments on the
NPRM as indicated on the first page of
the NPRM. The Commission will send a
copy of the NPRM, including this IRFA,
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
In addition, the NPRM and the IRFA (or
summaries thereof) will be published in
the Federal Register.
Need for, and Objectives of, the
Proposed Rules
18. Longstanding Commission policy
provides that noncommercial
educational (NCE) stations may not
conduct fundraising activities which
substantially alter or suspend regular
programming and are designed to
benefit any entity other than the station
itself. ‘‘Regular programming’’ includes
programming that the public
broadcaster ordinarily carries, and not
fundraising activities that suspend or
alter the normal programming schedule.
19. 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.
Noting comments from the National
Religious Broadcasters, the INC Report
recommended that we afford
noncommercial broadcasters more
flexibility by allowing NCE stations that
are not grantees of the Corporation for
Public Broadcasting (CPB), such as most
religious broadcasters, to spend up to
one percent of their airtime doing
fundraising for charities and other thirdparty non-profit organizations. The INC
Report also recommended that we
require that broadcasters disclose how
this time is used so that the FCC can
assess the efficacy of allowing thirdparty fundraising.
20. The NPRM proposes to relax the
rules to afford NCE stations more
flexibility to conduct on-air fundraising
activities on behalf of third-party non-
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profit organizations and seeks comment
on a series of proposals to facilitate this
additional flexibility. The NPRM seeks
comment on the following proposals:
• Revise the rules to allow NCE
stations to substantially interrupt
regular programming to conduct on-air
fundraising activities for the benefit of
third-party non-profit organizations;
• Define the class of non-profit
organizations that may be the
beneficiaries of third-party fundraising
by NCE stations to include entities that
qualify as non-profit organizations
under section 501(c)(3) of the Internal
Revenue Code;
• Limit the amount of time that an
NCE station may devote to third-party
fundraising to one percent of the
station’s total annual airtime;
• Require NCE stations that
substantially interrupt regular
programming to conduct third-party
fundraising to air a disclosure that
clearly identifies the entity for which
the station is conducting the
fundraising;
• Require NCE stations that
substantially interrupt regular
programming to conduct third-party
fundraising to submit annual reports to
the Commission on their fundraising
activities;
• Require NCE stations that
substantially interrupt regular
programming to conduct third-party
fundraising to include their reports on
third-party fundraising in their public
files;
• Require NCE stations that
substantially interrupt regular
programming to conduct third-party
fundraising to certify on their renewal
applications that they have complied
with the limits on fundraising; and
• Require NCE stations that want to
substantially interrupt regular
programming to participate in thirdparty fundraising to affirmatively ‘‘opt
in’’ by filing a letter or notification with
the Commission.
The NPRM also has under consideration
possible rule changes that would:
• Limit the classes of NCE stations
that may engage in third-party
fundraising;
• Limit the non-profit organizations
that may benefit from fundraising by
NCE stations, such as by limiting the
eligible class of non-profit organizations
to local entities and/or entities that are
not affiliated with the NCE stations;
• Prescribe durational limits for each
particular fundraising effort; and
• Require NCE stations to locally
produce third-party fundraising
activities.
The NPRM invites commenters to
suggest alternatives to these proposals
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and other rule changes that would help
to ensure that fundraising on behalf of
non-profit entities is consistent with
NCE stations’ mission to serve their
local communities through educational
and noncommercial programming.
Legal Basis
21. This NPRM is adopted pursuant to
sections 1, 4(i), 303(r), and 399B of the
Communications Act of 1934, 47 U.S.C.
151, 154(i), 303(r), 399b.
Description and Estimate of the Number
of Small Entities To Which the
Proposed Rules Will Apply
22. The RFA directs agencies to
provide a description of, and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ 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.
23. Television Broadcasting. The SBA
defines a television broadcasting station
as a small business if such station has
$14.0 million or less in annual receipts.
Business concerns included in this
industry are those ‘‘primarily engaged in
broadcasting images together with
sound.’’ The Commission has estimated
the number of licensed commercial
television stations to be 1,387. In
addition, according to Commission staff
review of the BIA Kelsey Inc. Master
Access Television Analyzer Database
(BIA) as of February 7, 2012, about 950
(73 percent) of an estimated 1,301
commercial television stations had
revenues of $14.0 million or less and
thus qualify as small entities under the
SBA definition. We note, however, that
in assessing whether a business concern
qualifies as small under the above
definition, business (control) affiliations
must be included. Our estimate,
therefore, likely overstates the number
of small entities that might be affected
by our action, because the revenue
figure on which it is based does not
include or aggregate revenues from
affiliated companies. The Commission
has estimated the number of licensed
NCE television stations to be 396. The
Commission does not compile and
otherwise does not have access to
information on the revenue of NCE
stations that would permit it to
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determine how many such stations
would qualify as small entities.
24. In addition, an element of the
definition of ‘‘small business’’ is that the
entity not be dominant in its field of
operation. We are unable at this time to
define or quantify the criteria that
would establish whether a specific
television station is dominant in its field
of operation. Accordingly, the estimate
of small businesses to which rules may
apply does not exclude any television
station from the definition of a small
business on this basis and is therefore
possibly over-inclusive to that extent.
Also, an additional element of the
definition of ‘‘small business’’ is that the
entity must be independently owned
and operated. We note that it is difficult
at times to assess these criteria in the
context of media entities and our
estimates of small businesses to which
they apply may be over-inclusive to this
extent.
25. Radio Stations. The SBA defines
a radio broadcasting station that has
$7.0 million or less in annual receipts
as a small business. A radio
broadcasting station is an establishment
primarily engaged in broadcasting aural
programs by radio to the public. Radio
broadcasting stations which primarily
are engaged in radio broadcasting and
which produce radio program materials
are similarly included. The Commission
has estimated the number of licensed
commercial radio stations to be 14,952.
In addition, according to Commission
staff review of BIA Kelsey Inc. Master
Access Radio Analyzer Database as of
February 7, 2012, about 10,755
(approximately 97 percent) of an
estimated 11,106 commercial radio
stations have revenue of $7.0 million or
less and thus qualify as small entities
under the SBA definition. We note,
however, that, in assessing whether a
business concern qualifies as small
under the above definition, business
(control) affiliations must be included.
Our estimate, therefore, likely overstates
the number of small entities that might
be affected by our action, because the
revenue figure on which it is based does
not include or aggregate revenues from
affiliated companies. The Commission
has estimated the number of licensed
NCE radio stations to be 3,644. The
Commission does not compile and
otherwise does not have access to
information on the revenue of NCE
stations that would permit it to
determine how many such stations
would qualify as small entities.
26. In addition, an element of the
definition of ‘‘small business’’ is that the
entity not be dominant in its field of
operation. We are unable at this time to
define or quantify the criteria that
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would establish whether a specific radio
station is dominant in its field of
operation. Accordingly, the estimate of
small businesses to which rules may
apply does not exclude any radio station
from the definition of a small business
on this basis and therefore may be overinclusive to that extent. Also, an
additional element of the definition of
‘‘small business’’ is that the entity must
be independently owned and operated.
We note that it is difficult at times to
assess these criteria in the context of
media entities and our estimates of
small businesses to which they apply
may be over-inclusive to this extent.
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
27. The NPRM proposes a number of
rule changes that would affect reporting,
recordkeeping, and other compliance
requirements. Each of these proposals is
described below.
28. The NPRM proposes to allow NCE
stations to substantially interrupt
regular programming to spend up to one
percent of their total annual airtime
conducting fundraising activities on
behalf of third-party non-profit
organizations. If this proposal is
adopted, NCE stations may be required
to keep records sufficient to
demonstrate that their fundraising
broadcasts are within the one percent
limit. The NPRM also proposes to
require NCE stations to submit annual
reports to the Commission on their
fundraising for third-party non-profit
organizations. Further, the NPRM
proposes to require NCE stations to
include their reports on third-party
fundraising in their public files and to
certify on their renewal applications
that they have complied with the limits
on fundraising.
Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
29. The RFA requires an agency to
describe any significant alternatives that
might minimize any significant
economic impact on small entities. Such
alternatives may include the following
four alternatives (among others): (1) The
establishment of 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.
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30. The NPRM proposes to relax
restrictions on third-party fundraising
by NCE stations by allowing NCE
stations to devote up to one percent of
their total annual airtime to fundraising
for the benefit of third-party non-profit
organizations. This proposal would
benefit small entities by reducing or
eliminating the need for NCE stations to
seek a waiver of the Commission’s rules
to conduct third-party fundraising
activities and affording NCE stations
more flexibility to decide which nonprofit entities to support through on-air
fundraising. The NPRM also proposes to
require NCE stations that conduct thirdparty fundraising to submit annual
reports to the Commission on their
fundraising activities, include such
reports in their public files, and certify
on their renewal applications that they
have complied with the limits on
fundraising. We believe that these
reporting and recordkeeping
requirements would impose only
minimal burdens on any affected
entities, and the costs of these reporting
and recordkeeping requirements would
be offset in our opinion by the
additional flexibility afforded to NCE
stations to conduct fundraising for
third-party non-profit organizations of
their choosing without the need to seek
a waiver or prior FCC approval. For this
reason, an analysis of alternatives to the
proposed rules is unnecessary. We
invite comment on whether there are
any alternatives we should consider that
would minimize any adverse impact on
small entities, but which maintain the
benefits of our proposals.
Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
31. None.
B. Paperwork Reduction Act
32. This NPRM proposes new
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995.8 In
addition, pursuant to the Small
Business Paperwork Relief Act of 2002,9
we seek specific comment on how we
might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’ 10
8 See
Public Law 104–13.
Public Law 107–198.
10 See 44 U.S.C. 3506(c)(4).
9 See
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C. Ex Parte Rules
33. Permit-But-Disclose. The
proceeding this NPRM initiates shall be
treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
§ 1.1206(b). In proceedings governed by
rule § 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
D. Filing Requirements
34. Pursuant to §§ 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS).
D Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/.
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D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
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.
Æ All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
Æ Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
Æ U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street SW.,
Washington DC 20554.
35. People with Disabilities: To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
36. For additional information on this
proceeding, contact Kathy Berthot,
Kathy.Berthot@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
2120.
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
V. Ordering Clauses
37. Accordingly, it is ordered that,
pursuant to sections 1, 4(i), 303(r), and
399B of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i),
303(r), 399b, this Notice of Proposed
Rulemaking is hereby adopted.
38. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
VerDate Mar<15>2010
14:18 Jun 21, 2012
Jkt 226001
List of Subjects in 47 CFR Part 73
Radio, Television, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 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,
and 339.
2. Section 73.503 is amended by
revising the last sentence of paragraph
(d), redesignating paragraph (e) as
paragraph (f), adding a new paragraph
(e) and revising the Note to read as
follows:
§ 73.503
service.
Licensing requirements and
*
*
*
*
*
(d) * * * The scheduling of any
announcements and acknowledgements
may not interrupt regular programming,
except as permitted under paragraph (e)
of this section.
(e) A noncommercial educational FM
broadcast station may interrupt regular
programming to conduct fundraising
activities on behalf of third-party nonprofit organizations, provided that such
fundraising activities do not exceed one
percent of the station’s total annual
airtime. For purposes of this paragraph,
a non-profit organization is an entity
that qualifies as a non-profit
organization under section 501(c)(3) of
the Internal Revenue Code.
(1) Opt-In Notification. A
noncommercial educational FM
broadcast station that intends to
interrupt regular programming to
conduct fundraising activities on behalf
of third-party non-profit organizations
must file an opt-in notification with the
FCC prior to engaging in such
fundraising activities.
(2) Audience Disclosure. A
noncommercial educational FM
broadcast station that interrupts regular
programming to conduct fundraising
activities on behalf of third-party nonprofit organizations must air a
disclosure during such activities clearly
stating that the fundraiser is not for the
benefit of the station itself and
identifying the entity for which it is
fundraising and the specific cause, if
any, supported by the fundraiser. The
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
station must air the audience disclosure
at the beginning and the end of each
fundraising program and at least once
during each hour in which the program
is on the air.
(3) Reports. A noncommercial
educational FM broadcast station that
interrupts regular programming to
conduct fundraising activities on behalf
of third-party non-profit organizations
must file a report with the FCC on an
annual basis describing such activities.
These reports must include, for each
fundraiser, the date and time of the
fundraiser, the name of the non-profit
entity benefitted by the fundraiser and
whether this entity is a local
organization, the specific cause, if any,
supported by the fundraiser, the type of
fundraising activity, the duration of the
fundraiser, and the total funds raised.
*
*
*
*
*
Note to § 73.503: Commission
interpretation on this rule, including the
acceptable form of acknowledgements, may
be found in the Second Report and Order in
Docket No. 21136 (Commission Policy
Concerning the Noncommercial Nature of
Educational Broadcast Stations), 86 FCC 2d
141 (1981); the Memorandum Opinion and
Order in Docket No. 21136, 90 FCC 2d 895
(1982); the Memorandum Opinion and Order
in Docket 21136, 97 FCC 2d 255 (1984); and
the Report and Order in Docket No. 12–106
(Noncommercial Educational Station
Fundraising for Third-Party Non-Profit
Organizations). See also, ‘‘Commission
Policy Concerning the Noncommercial
Nature of Educational Broadcast Stations,’’
Public Notice, 7 FCC Rcd 827 (1992), which
can be retrieved through the Internet at
https://www.fcc.gov/mmb/asd/nature.html.
3. Section 73.621 is amended by
redesignating paragraphs (f) through (i)
as paragraphs (g) through (j), revising
the last sentence of paragraph (e) and
the Note to paragraph (e), and adding
new paragraph (f) to read as follows:
§ 73.621 Noncommercial educational TV
stations.
*
*
*
*
*
(e) * * * The scheduling of any
announcements and acknowledgements
may not interrupt regular programming,
except as permitted under paragraph (f)
of this section.
Note: Commission interpretation of this
rule, including the acceptable form of
acknowledgements, may be found in the
Second Report and Order in Docket No.
21136 (Commission Policy Concerning the
Noncommercial Nature of Educational
Broadcast Stations), 86 F.C.C. 2d 141 (1981);
the Memorandum Opinion and Order in
Docket No. 21136, 90 FCC 2d 895 (1982); the
Memorandum Opinion and Order in Docket
21136, 49 FR 13534, April 5, 1984; and the
Report and Order in Docket No. 12–106
(Noncommercial Educational Station
E:\FR\FM\22JNP1.SGM
22JNP1
Federal Register / Vol. 77, No. 121 / Friday, June 22, 2012 / Proposed Rules
Fundraising for Third-Party Non-Profit
Organizations).
wreier-aviles on DSK7SPTVN1PROD with PROPOSALS
(f) A noncommercial educational
television station may interrupt regular
programming to conduct fundraising
activities on behalf of a third-party nonprofit organization, provided that such
fundraising activities do not exceed one
percent of the station’s total annual
airtime. For purposes of this paragraph,
a non-profit organization is an entity
that qualifies as a non-profit
organization under section 501(c)(3) of
the Internal Revenue Code.
(1) Opt-In Notification. A
noncommercial educational television
station that intends to interrupt regular
programming to conduct fundraising
activities on behalf of third-party nonprofit organizations must file an opt-in
notification with the FCC prior to
engaging in such fundraising activities.
(2) Audience Disclosure. A
noncommercial educational television
station that interrupts regular
programming to conduct fundraising
activities on behalf of third-party nonprofit organizations must air a
disclosure during such activities clearly
stating that the fundraiser is not for the
benefit of the station itself and
identifying the entity for which it is
fundraising and the specific cause, if
any, supported by the fundraiser. The
station must air the audience disclosure
at the beginning and the end of each
fundraising program and at least once
during each hour in which the program
is on the air.
(3) Reports. A noncommercial
educational television station that
interrupts regular programming to
conduct fundraising activities on behalf
of third-party non-profit organizations
must file a report with the FCC on an
annual basis describing such activities.
These reports must include, for each
fundraiser, the date and time of the
fundraiser, the name of the non-profit
entity benefitted by the fundraiser and
whether this entity is a local
organization, the specific cause, if any,
supported by the fundraiser, the type of
fundraising activity, the duration of the
fundraiser, and the total funds raised.
*
*
*
*
*
4. Section 73.3527 is amended by
adding new paragraph (e)(14) to read as
follows:
§ 73.3527 Local public inspection file of
noncommercial educational stations.
*
*
*
*
*
(e) * * *
(14) Reports on Fundraising for ThirdParty Non-Profit Organizations. For
noncommercial educational FM
broadcast stations a copy of each report
required to be filed with the FCC by
VerDate Mar<15>2010
14:18 Jun 21, 2012
Jkt 226001
§ 73.503(e)(3). For noncommercial
educational TV broadcast stations a
copy of each report required to be filed
with the FCC by § 73.621(f)(3). These
reports shall be retained in the public
inspection file until final action has
been taken on the station’s next license
renewal application.
[FR Doc. 2012–12952 Filed 6–21–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
RIN 0648–BC10
Sea Turtle Conservation; Shrimp
Trawling Requirements; Public Hearing
Notification
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; notice of public
hearing.
AGENCY:
NMFS announces a sixth
public hearing to be held in Miami, FL
on July 6, 2012, to answer questions and
receive public comments on the
proposed rule to withdraw the
alternative tow time restriction and
require all skimmer trawls, pusher-head
trawls, and wing nets (butterfly trawls)
rigged for fishing to use turtle excluder
devices (TEDs) in their nets, which was
published in the Federal Register on
May 10, 2012. In the proposed rule, we
announced five public hearings to be
held in Morehead City, NC, Larose, LA,
Belle Chasse, LA, D’Iberville, MS, and
Bayou La Batre, AL.
DATES: A public hearing will be held on
July 6, 2012, from 6 to 8 p.m. in Miami,
FL. Written comments (see ADDRESSES)
will be accepted through July 9, 2012.
See SUPPLEMENTARY INFORMATION for
further details.
ADDRESSES: As published on May 10,
2012 (77 FR 27411), you may submit
comments on this proposed rule,
identified by 0648–BC10, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov.
• Mail: Michael Barnette, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
• Fax: 727–824–5309; Attention:
Michael Barnette.
Instructions: All comments received
are a part of the public record and will
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
37647
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. We will accept
anonymous comments (enter N/A in the
required fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Michael Barnette, 727–551–5794.
SUPPLEMENTARY INFORMATION: The date,
time and location of the hearing is as
follows:
1. Friday, July 6, 2012, 6 p.m. to
8 p.m., Miami, FL: Marriott Miami
Biscayne Bay, 1633 N. Bayshore Drive,
Miami, FL 33132, (305) 374–3900 or
(866) 257–5990.
These hearings are physically
accessible to people with disabilities; a
Spanish language interpreter will be
available, if needed.
Dated: June 18, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–15341 Filed 6–21–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120416016–2151–01]
RIN 0648–BB96
Atlantic Highly Migratory Species;
Silky Shark Management Measures
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This rule would implement
the International Commission for the
Conservation of Atlantic Tunas (ICCAT)
recommendation 11–08, which
prohibits retaining, transshipping, or
landing of silky sharks (Carcharhinus
falciformis) caught in association with
ICCAT fisheries. In order to improve
domestic enforcement capabilities, the
National Marine Fisheries Service is
also proposing to prohibit the storing,
SUMMARY:
E:\FR\FM\22JNP1.SGM
22JNP1
Agencies
[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Proposed Rules]
[Pages 37638-37647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12952]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 12-106; FCC 12-43]
Noncommercial Educational Station Fundraising for Third-Party
Non-Profit Organizations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission proposes to allow
noncommercial educational (NCE) broadcast stations to conduct on-air
fundraising activities that interrupt regular programming for the
benefit of third-party non-profit organizations. This proposed rule
change would reduce or eliminate the need for NCE stations to seek a
waiver of the Commission's rules to interrupt regular programming to
conduct third-party fundraising and would afford NCE stations more
flexibility in choosing which non-profit entities to support through
on-air fundraising.
DATES: Comments for this proceeding are due on or before July 23, 2012;
reply comments are due on or before August 21, 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 August 21, 2012.
ADDRESSES: You may submit comments, identified by MB Docket No. 12-106,
by any of the following methods:
[ssquf] Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
[[Page 37639]]
[ssquf] 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 (although the Commission continues to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[ssquf] 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 PRA
comments on the 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, contact
Kathy Berthot, Kathy.Berthot@fcc.gov, of the Media Bureau, Policy
Division, (202) 418-7454. For additional information concerning the
information collection requirements contained in this document, send an
email to PRA@fcc.gov or contact Cathy Williams at (202) 418-2918. 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 shown 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.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 12-43, adopted on April 25, 2012 and
released on April 26, 2012. 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 (https://www.fcc.gov/cgb/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. To request
this document in accessible formats (computer diskettes, large print,
audio recording, and Braille), send an email 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 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 August 21,
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.''
OMB Control Number: None.
Title: Section 73.503, Licensing requirements and service; Section
73.621, Noncommercial educational TV stations; Section 76.3527, Local
public inspection file of noncommercial educational stations.
Form Number: Not applicable.
Type of Review: New information collection.
Respondents: Not for-profit institutions.
Number of Respondents and Responses: 2,200 respondents/30,800
responses.
Estimated Time per Response: 0.25 to 1.5 hours.
Frequency of Response: Annual reporting requirement; One-time
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: 17,050 hours.
Total Annual Costs: $330,000.
Privacy Act Impact Assessment: No impact.
Nature and Extent of Confidentiality: There is no general need for
confidentiality with these information collections. However,
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: On April 25, 2012, the Commission adopted a Notice
of Proposed Rulemaking (NPRM), Noncommercial Educational Station
Fundraising for Third-Party Non-Profit Organizations, MB Docket No. 12-
106, FCC 12-43. In the NPRM, the Commission proposes to allow NCE
stations to spend up to one percent of their total annual airtime
conducting fundraising activities that interrupt regular programming
for the benefit of third-party non-profit organizations.
The NPRM proposes to add or revise the following rule sections,
which contain proposed information collection requirements: 47 CFR
73.503(e)(1), 47 CFR 73.503(e)(2), 47 CFR 73.503(e)(3), 47 CFR
73.621(f)(1), 47 CFR 73.621(f)(2), 47 CFR 73.621(f)(3), 47 CFR
73.3527(e)(14).
Pursuant to proposed 47 CFR 73.503(e)(1), a noncommercial
educational FM broadcast station that intends to interrupt regular
programming to conduct fundraising activities on behalf of third-party
non-profit organizations must file an opt-in notification with the FCC
prior to engaging in such fundraising activities.
Pursuant to proposed 47 CFR 73.503(e)(2), a noncommercial
educational FM broadcast station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must air a disclosure during such activities clearly
stating that the fundraiser is not for the benefit of the station
itself and identifying the entity
[[Page 37640]]
for which it is fundraising and the specific cause, if any, supported
by the fundraiser. The station must air the audience disclosure at the
beginning and the end of each fundraising program and at least once
during each hour in which the program is on the air.
Pursuant to proposed 47 CFR 73.503(e)(3), a noncommercial
educational FM broadcast station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must file a report with the FCC on an annual basis
describing such fundraising activities.
Pursuant to proposed 47 CFR 73.621(f)(1), a noncommercial
educational television station that intends to interrupt regular
programming to conduct fundraising activities on behalf of third-party
non-profit organizations must file an opt-in notification with the FCC
prior to engaging in such fundraising activities.
Pursuant to proposed 47 CFR 73.621(f)(2), a noncommercial
educational television station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must air a disclosure during such activities clearly
stating that the fundraiser is not for the benefit of the station
itself and identifying the entity for which it is fundraising and the
specific cause, if any, supported by the fundraiser. The station must
air the audience disclosure at the beginning and the end of each
fundraising program and at least once during each hour in which the
program is on the air.
Pursuant to proposed 47 CFR 73.621(f)(3), a noncommercial
educational television station that interrupts regular programming to
conduct fundraising activities on behalf of third-party non-profit
organizations must file a report with the FCC on an annual basis
describing such fundraising activities.
Pursuant to proposed 47 CFR 73.3527(e)(14), each noncommercial
educational FM broadcast station and each noncommercial educational TV
broadcast station that interrupts regular programming to conduct
fundraising activities on behalf of third-party non-profit
organizations must maintain a copy of its annual report describing its
fundraising activities in its public inspection file until final action
has been taken on the station's next license renewal application.
The opt-in notification will serve to inform the FCC and interested
non-profit groups which NCE stations intend to engage in third-party
fundraising activities. The audience disclosure will clearly identify
for the NCE station's audience the entity for which the station is
conducting fundraising. Commission staff will use the data in the
annual reports to assess the effectiveness of allowing NCE stations to
conduct third-party fundraising for non-profit organizations and to
ensure that NCE stations comply with the one percent limit on third-
party fundraising. The public will use the data in the reports to
assess how NCE stations are serving the public interest and their local
communities.
The Commission is seeking OMB approval for the proposed information
collection requirements.
Summary of the Notice of Proposed Rulemaking
I. Introduction
1. In this Notice of Proposed Rulemaking (NPRM), we solicit comment
on whether and under what circumstances to allow noncommercial
educational (NCE) broadcast stations to conduct on-air fundraising
activities that interrupt regular programming for the benefit of third-
party non-profit organizations. Under the Commission's rules, in the
absence of a waiver, an NCE station may not conduct fundraising
activities to benefit any entity besides the station itself if the
activities would substantially alter or suspend regular programming.
The recent report on ``The Information Needs of Communities'' (INC
Report) recommended that we consider affording noncommercial
broadcasters more flexibility by allowing certain NCE stations to
engage in fundraising for charities and other third-party non-profit
organizations. This NPRM promotes the goals of Executive Order 13579 by
analyzing whether the Commission's longstanding policy against
fundraising for third-party non-profits may be tailored to grant NCE
stations limited flexibility without undermining the policy's important
goals.
II. Background
2. Under longstanding Commission policy, an NCE station may not
conduct fundraising activities that substantially alter or suspend
regular programming and are designed to benefit any entity other than
the station itself. ``Regular programming'' includes programming that
``the public broadcaster ordinarily carries, but does not encompass
those fundraising activities that suspend or alter their normal
programming fare.'' The Commission implemented this policy to reflect
the concern that ``educational stations are licensed to provide a
noncommercial broadcast service, not to serve as a fund-raising
operation for other entities by broadcasting material that is `akin to
regular advertising.' ''
3. The Commission has relaxed some of its other policies governing
the broadcast of promotional announcements by NCE stations. Throughout
this process, however, a concern that these changes not adversely
affect the educational programming mission or noncommercial character
of these stations has persisted. For example, in 1981, the Commission
determined that stations could acknowledge contributions made by
donors, but it continued to prohibit the broadcast of promotional
announcements by NCE licensees in exchange for consideration,
regardless of whether the sponsor of a given announcement was a for-
profit or non-profit organization. The Commission adopted these
policies to ```strike a reasonable balance between the financial needs
of [public broadcast] stations and their obligation to provide an
essentially noncommercial broadcast service' and eliminate those
proscriptive regulations deemed unnecessary to preserve the media's
noncommercial nature.'' Notably, the revised policy regarding
contributions by donors was specifically intended to benefit the
station itself and its need for funding to continue to serve its local
audience through noncommercial and educational programming.
4. Later in 1981, Congress adopted section 399B of the
Communications Act of 1934, which prohibits NCE stations from
broadcasting ``advertisements,'' defined as
Any message or other programming material which is broadcast or
otherwise transmitted in exchange for any remuneration, and which is
intended--
(1) To promote any service, facility, or product offered by any
person who is engaged in such offering for profit;
(2) To express the views of any person with respect to any
matter of public importance or interest; or
(3) To support or oppose any candidate for political office.\1\
---------------------------------------------------------------------------
\1\ 47 U.S.C. 399b(a), 399b(b)(1).
In light of this statute's enactment, the Commission reviewed its
NCE policies in 1982. In the resulting Policy Statement, the Commission
determined that non-profit organizations are excluded from the meaning
of the phrase ``any person who is engaged in such offering for profit''
in Section 399B.\2\ Thus, the Commission revised
[[Page 37641]]
the Second Report's determination regarding consideration received to
allow the broadcast of promotional announcements sponsored by non-
profit organizations in order to conform the rule to section 399B of
the Act.\3\ Despite these changes and other liberalizations of the
fundraising and donor acknowledgment rules, the Commission continued
the ban on conducting fundraising activities which substantially alter
or suspend regular programming and are designed to benefit any entity
other than the station itself, codifying these requirements in
Sec. Sec. 73.503(d) and 73.621(e) of the Commission's rules. Those
rules provide, in pertinent part, that ``[t]he scheduling of any
announcements * * * may not interrupt regular programming.'' \4\
---------------------------------------------------------------------------
\2\ See Commission Policy Concerning the Noncommercial Nature of
Educational Broadcast Stations, Memorandum Opinion and Order, 90 FCC
2d 895, 897, para.3 (1982).
\3\ See Commission Policy Concerning the Noncommercial Nature of
Educational Broadcast Stations, Second Report and Order, 86 FCC 2d
141, 157-58, paras. 42-43 (1981).
\4\ 47 CFR 73.503(d), 73.621(e).
---------------------------------------------------------------------------
5. Commission staff has occasionally granted waivers of these rules
in extraordinary circumstances. For example, the Commission granted a
waiver to the licensee of an NCE television station to broadcast a
three-hour fundraiser for Wolf Trap Foundation, with the money to be
used to rebuild the Filene Center at Wolf Trap Farm Park which had
burned down. The Commission granted the waiver in part based on the
fact that the fundraising programming would be consistent with regular
programming, in that more than half of the program would consist of
excerpts of past programs broadcast by the NCE station that had
originated from Wolf Trap Farm, and the remainder of the program would
consist of interviews with and performances from stars who had appeared
at Wolf Trap.
6. Similarly, the former Mass Media Bureau granted a waiver of
Sec. Sec. 73.621(e) and 73.503(d) of the Commission's rules to the
licensee of an NCE radio station and an NCE television station in West
Palm Beach, Florida, where the President had declared Dade County a
disaster area following Hurricane Andrew. The stations proposed to
broadcast a two-hour simulcast along with four area commercial
television stations to raise funds and donations and provide
information for the hurricane relief effort. The staff granted the
waiver in recognition of the catastrophic events that had occurred, the
stations' unique ability to serve the area affected by the disaster,
and the limited length of the program. The Commission has also granted
rule waivers for fundraising for other singular catastrophic events,
such as Hurricane Katrina, the September 11, 2001 terrorist attacks,
the January 2005 tsunami in Southeast Asia, and the January 2010
earthquake in Haiti. More recently, the Commission established informal
procedures through which NCE licensees could request Commission
approval to conduct fundraising to aid the Japan earthquake and tsunami
relief efforts, noting that it has granted waivers of Sec. 73.503(d)
for ``fundraising appeals to support relief efforts following disasters
of particular uniqueness or magnitude'' and that such waivers ``have
been issued for a specific fundraising program or programs, or for
sustained station appeals for periods which generally do not exceed
several days.'' In contrast, in 1995, the staff denied a request for a
waiver of Sec. 73.503(d) where the proposed fundraising for the
Muscular Dystrophy Association occurred annually to address ongoing
needs and was not limited to a specific one-time problem.
7. In June 2011, a working group including Commission staff,
scholars and consultants released the INC Report, a comprehensive
report on the current state of the media landscape. 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
the need to remove unnecessary burdens on broadcasters who aim to serve
their communities. Noting comments from the National Religious
Broadcasters (NRB), the INC Report recommended that we consider
affording noncommercial broadcasters more flexibility by allowing NCE
stations that are not grantees of the Corporation for Public
Broadcasting (CPB) to spend up to one percent of their annual airtime
doing fundraising for charities and other third-party non-profit
organizations. In order to be eligible for CPB funding, an NCE station
must devote the substantial majority of its daily total programming
hours broadcast on all of its channels to CPB-qualified programming,
which is defined as ``general audience programming that serves
demonstrated community needs of an educational, informational and
cultural nature.'' Programs that ``further the principles of particular
political or religious philosophies, or that are designed primarily for
in-school or professional in-service audiences'' are not considered
CPB-qualified programming. Campus stations managed and operated by and
for students, stations licensed to political organizations, and
stations that provide in-service training programming to licensee
employees, clients, or representatives are also ineligible for CPB
funding. The INC Report noted that having local charities on the air
can be a useful way of informing residents about problems in their
communities and can help NCE stations achieve their public service or
religious missions. The INC Report also recommended that broadcasters
that take advantage of this flexibility be required to disclose how the
fundraising time is used, including how it is helping charities in the
local community, so that the Commission can assess the effectiveness of
providing this flexibility.
III. Notice of Proposed Rulemaking
8. We invite comment on whether it is in the public interest to
revise our rules restricting the ability of NCE stations to conduct
fundraising on behalf of third-party non-profit organizations. We
believe that the original concerns animating the longstanding
restriction remain valid. Nevertheless, as shown by the past grant of
waivers, the Commission has concluded that an NCE station can conduct
certain fundraising activities on behalf of other non-profit
organizations in some circumstances without sacrificing its
noncommercial nature. It has generally sought to limit such waivers to
short-term fundraising intended to assist communities that have
suffered singular misfortunes of historic dimensions or, more rarely,
to benefit non-profit organizations directly tied to the programming
activities of the stations. We seek comment on whether a blanket
prohibition on the substantial interruption of programming for third-
party fundraising remains necessary to preserve NCE stations'
noncommercial nature and to retain those stations' focus on their
designated function of serving their communities of license through
educational programming, or whether it would serve the public interest
to grant NCE stations some flexibility to substantially interrupt
programming to conduct fundraising on behalf of other non-profits. If
we determine that more flexibility is necessary and appropriate, we
seek comment on how we should modify our existing rules, and on what
grounds.
9. We propose to relax the prohibition on third-party fundraising
for NCE stations and seek comment on that proposal. We further invite
comment on whether we should limit the scope of our action and, if so,
what the limitations should be and why. As noted above, the INC Report
recommended that we revise our rules
[[Page 37642]]
to allow only NCE stations that are not CPB grantees, such as most
religious broadcasters, to conduct fundraising for the benefit of
third-party non-profit organizations. The INC Report stated that some
public broadcasting officials do not want the flexibility to engage in
fundraising activities for third-party non-profit organizations because
``it would put them in the awkward position of deciding which worthy
causes to support and which to reject.'' We invite comment on whether
and how we should limit the NCE stations that may engage in limited
third-party fundraising to address this concern. How would the
Commission justify any such limitation? Is third-party fundraising less
likely to trigger the concerns underlying the prohibition if conducted
by certain NCE stations? Alternatively, should we require NCE stations
to opt in to the proposed relaxation, as discussed below, so that NCE
stations that do not want flexibility to engage in third-party
fundraising can simply decline to opt in? We also invite comment on the
First Amendment implications of any limitation on the classes of NCE
stations that may conduct third-party fundraising.
10. As noted, section 399B prohibits NCE stations from
broadcasting, in exchange for remuneration, programming material
intended to promote any service, facility or product offered by any
person who is engaged in such offering for profit. Thus, if we decide
to allow NCE stations additional flexibility to conduct fundraising for
other entities, the statute requires that they be limited to non-profit
entities. We seek comment on whether the Commission should further
limit the kinds of non-profit organizations that may be the
beneficiaries of fundraising conducted by NCE stations. In the Policy
Statement, the Commission noted that ```non-profit' entities encompass
a multitude of organizations with varied purposes and functions.'' The
Communications Act of 1934 defines the term ``non-profit'' (as applied
to any foundation, corporation, or association) to mean ``a foundation,
corporation, or association, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any private
shareholder or individual.'' \5\ NRB suggests that we limit the class
of entities for which fundraising may be conducted to organizations
which are non-profit under section 501(c)(3) of the Internal Revenue
Code \6\ and that we allow fundraising when ``the fundraising
activities exempted shall be directed to an identified, bona fide
charitable, educational, or religious need which the non-profit
501(c)(3) organization is equipped and committed to aid.'' We seek
comment on these suggestions. In order to eliminate uncertainty for NCE
stations, would it be appropriate to allow fundraising for any entity
that qualifies as a non-profit organization under section 501(c)(3) of
the Internal Revenue Code? Should we establish any additional criteria
to ensure that fundraising on behalf of non-profit entities is
consistent with NCE stations' mission to serve their local communities
through educational and noncommercial programming? As discussed above,
the INC Report suggested that having local charities on the air can be
a useful way of informing residents about problems in their communities
and can help NCE stations achieve their public service or religious
missions. Would it further our interest in localism to limit NCE
stations to soliciting donations for local non-profit organizations?
Furthermore, given that third-party fundraising on behalf of affiliated
entities may restrict an NCE station's ability to conduct fundraising
for local non-profit organizations, should we limit fundraising on
behalf of third parties to unaffiliated third parties? If so, how
should we define ``affiliated''? If we limit any new flexibility for
NCE stations to fundraising for local non-profit entities, should we
also retain our existing waiver process for fundraising activities for
singular catastrophic events regardless of whether they are local in
nature?
---------------------------------------------------------------------------
\5\ 47 U.S.C. 397(8) (defining the term ``non-profit'' for
purposes of Title III, Part IV, Subpart E of the Act).
\6\ Section 501(c)(3) provides that certain corporations,
foundations, or other organizations that operate exclusively for
religious, charitable, scientific, educational, or certain other
non-profit purposes, are exempt from federal income taxation. See 26
U.S.C. 501(c)(3).
---------------------------------------------------------------------------
11. In the event that we decide to modify the proscription on NCE
broadcast stations interrupting regular programming to conduct
fundraising activities on behalf of other non-profit organizations, we
invite comment on how much flexibility to grant NCE stations to devote
to this activity. NRB notes that because NCE licensees rely on
fundraising to support their own operations, these stations will not
want to broadcast ``[e]xcessive appeals for other non-profit groups''
because they ``could negatively impact the licensee's own self-
interests by diverting public support away from the broadcaster * * *''
Approximately how much time do NCE stations spend each year
broadcasting fundraisers on their own behalf? We are concerned that
permitting NCE broadcasters to use too much of their airtime for
unrelated non-profit fundraising could undermine the noncommercial
character of the participating facilities and divert these stations
from their primary function of providing service to their communities
of license through programming. Thus, we believe a strict, if not a
complete, limit on such activities would be advisable. The INC Report
recommended that we consider allowing third-party fundraising so long
as it does not exceed one percent of the broadcaster's total annual
airtime. We invite comment on this approach. With respect to NCE
television stations, we seek comment on how the recommended one percent
limit on third-party fundraising should be calculated and applied for
stations that multicast programming on several different channels. We
also seek comment on how we should enforce a relaxed limit on the
amount of time that NCE stations may devote to third-party fundraising.
Would an annual limit of one percent be sufficient to allow stations to
use third-party fundraising flexibility both for the kinds of planned
fundraising contemplated in the INC Report and for fundraising
activities for disasters and other singular catastrophic events that in
the past have required waivers? The Commission has traditionally
granted waivers only for fundraising activities of ``limited
duration.'' In addition to an annual limit, should fundraising
activities continue to be circumscribed in this way, such as by
adopting a durational limit on a specific program and/or on a discrete
fundraising effort?
12. In the event we modify the current prohibition, we invite
comment on whether we should require that an NCE station itself conduct
all third-party fundraising activities, including collecting funds and
distributing the funds to the non-profit entity, rather than airing
fundraising programs produced by the non-profit organization or some
other entity on behalf of the non-profit organization. Would requiring
an NCE station to locally produce its third-party fundraising
activities promote localism? What are the potential benefits and costs
of requiring NCE stations to locally produce third-party fundraising
activities? Are there any other limitations we should consider imposing
in order to preserve the noncommercial and educational character of the
NCE programming service?
[[Page 37643]]
13. Section 399B prohibits the airing, in exchange for
remuneration, of programming material intended to express views on
matters of public importance or interest, or to support or oppose
political candidates. We note that on April 12, 2012, the Ninth Circuit
Court of Appeals struck down as unconstitutional section 399B's ban on
public interest and political advertisements by NCE stations.\7\
Accordingly, we will not enforce section 399B's ban on public interest
and political advertisements in the Ninth Circuit once the court's
mandate goes into effect. Nevertheless, to the extent any fundraising
that stations would like to conduct under a relaxed policy would fall
into these categories, we invite comment on whether the statutory term
``remuneration'' includes repayment of a station's expenses associated
with such fundraising activities. Additionally, we seek comment on
whether section 399B places any other limitations on the revision of
our existing rules to permit substantial interruption of regular
programming for fundraising activities on behalf of non-profit
organizations.
---------------------------------------------------------------------------
\7\ See Minority Television Project, Inc. v. FCC, No. 09-17311,
2012 WL 1216284, at *17 (9th Cir. Apr. 12, 2012).
---------------------------------------------------------------------------
14. We recognize that in certain situations third-party fundraising
by an NCE station could potentially confuse the station's audience. For
example, where an NCE station conducts fundraising activities on behalf
of a non-profit organization or charity that is closely affiliated with
the station, it may be unclear to the audience whether the station is
fundraising for the station itself or for another entity. In the event
that we decide to modify the third-party fundraising policy, in order
to avoid audience confusion, should we require NCE stations to air a
specified disclosure that clearly identifies the entity for which the
station is conducting the fundraising? If so, what form should this
disclosure take? Would it be sufficient for the station to clearly
state that the fundraiser is not to benefit the station itself and to
identify the entity for which it is fundraising and the specific cause,
if any, supported by the fundraiser? How frequently during each
fundraising effort or program should the NCE station air the
disclosure? We invite comment on whether we should require the NCE
station to air the disclosure at the beginning and the end of the
fundraising program and at least once during each hour in which the
program is on the air.
15. We also seek comment on whether, in the event that we decide to
modify the third-party fundraising policy, we should require NCE
stations that interrupt regular programming to conduct fundraising for
third-party non-profit organizations to submit reports to the
Commission on their fundraising activities. The INC Report recommended
that the Commission consider requiring NCE broadcasters to disclose how
they are utilizing fundraising time for third-party non-profit
organizations so that the FCC can assess the effectiveness of the
additional flexibility recommended therein. If we require NCE stations
to submit reports on third-party fundraising, what information should
the stations be required to include in the reports? For example, the
reports could include, for each fundraiser, the date and time of the
fundraiser, the name of the non-profit entity benefitted by the
fundraiser and whether this entity is a local organization, the
specific cause, if any, supported by the fundraiser, the type of
fundraising activity, the duration of the fundraiser, and the total
funds raised. We seek comment on whether each of these reporting
elements would be useful. What, if any, additional information should
be included? Should NCE stations be required to file the reports on an
annual basis? While we do not believe that filing such reports would be
unduly burdensome, we invite suggestions for minimizing the reporting
burden on NCE broadcasters. Furthermore, we invite comment on whether
we should require NCE stations to include their reports on third-party
fundraising in their public files. Such a requirement would help to
ensure that the public has access to information about how NCE
broadcasters are serving the public interest and their local
communities. Beyond the above-described reporting requirements, we also
invite comment on whether some form of assurance regarding compliance
with the third-party fundraising limits should be required--such as
certification of such compliance on licensees' renewal applications.
This is a common method used to verify compliance in other areas, and
could assist in raising awareness of the limitations on this activity
and ensuring compliance with the new rules.
16. Finally, we invite comment on whether we should require NCE
stations that want to participate in fundraising for third-party non-
profit organizations to affirmatively ``opt in'' by filing a letter or
notification with the Commission. An opt in notification would serve to
inform both the Commission and interested non-profit groups which NCE
stations intend to engage in third-party fundraising activities.
IV. Procedural Matters
A. Initial Regulatory Flexibility Act Analysis
17. As required by the Regulatory Flexibility Act, as amended
(RFA), the Commission has prepared this Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on a
substantial number of small entities by the policies and rules
considered in the attached Notice of Proposed Rulemaking (NPRM).
Written public comments are requested on this IRFA. Comments must be
identified as responses to the IRFA and must be filed by the deadlines
for comments on the NPRM as indicated on the first page of the NPRM.
The Commission will send a copy of the NPRM, including this IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration
(SBA). In addition, the NPRM and the IRFA (or summaries thereof) will
be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
18. Longstanding Commission policy provides that noncommercial
educational (NCE) stations may not conduct fundraising activities which
substantially alter or suspend regular programming and are designed to
benefit any entity other than the station itself. ``Regular
programming'' includes programming that the public broadcaster
ordinarily carries, and not fundraising activities that suspend or
alter the normal programming schedule.
19. 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. Noting comments from the National Religious
Broadcasters, the INC Report recommended that we afford noncommercial
broadcasters more flexibility by allowing NCE stations that are not
grantees of the Corporation for Public Broadcasting (CPB), such as most
religious broadcasters, to spend up to one percent of their airtime
doing fundraising for charities and other third-party non-profit
organizations. The INC Report also recommended that we require that
broadcasters disclose how this time is used so that the FCC can assess
the efficacy of allowing third-party fundraising.
20. The NPRM proposes to relax the rules to afford NCE stations
more flexibility to conduct on-air fundraising activities on behalf of
third-party non-
[[Page 37644]]
profit organizations and seeks comment on a series of proposals to
facilitate this additional flexibility. The NPRM seeks comment on the
following proposals:
Revise the rules to allow NCE stations to substantially
interrupt regular programming to conduct on-air fundraising activities
for the benefit of third-party non-profit organizations;
Define the class of non-profit organizations that may be
the beneficiaries of third-party fundraising by NCE stations to include
entities that qualify as non-profit organizations under section
501(c)(3) of the Internal Revenue Code;
Limit the amount of time that an NCE station may devote to
third-party fundraising to one percent of the station's total annual
airtime;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to air a disclosure that
clearly identifies the entity for which the station is conducting the
fundraising;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to submit annual reports
to the Commission on their fundraising activities;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to include their reports
on third-party fundraising in their public files;
Require NCE stations that substantially interrupt regular
programming to conduct third-party fundraising to certify on their
renewal applications that they have complied with the limits on
fundraising; and
Require NCE stations that want to substantially interrupt
regular programming to participate in third-party fundraising to
affirmatively ``opt in'' by filing a letter or notification with the
Commission.
The NPRM also has under consideration possible rule changes that would:
Limit the classes of NCE stations that may engage in
third-party fundraising;
Limit the non-profit organizations that may benefit from
fundraising by NCE stations, such as by limiting the eligible class of
non-profit organizations to local entities and/or entities that are not
affiliated with the NCE stations;
Prescribe durational limits for each particular
fundraising effort; and
Require NCE stations to locally produce third-party
fundraising activities.
The NPRM invites commenters to suggest alternatives to these proposals
and other rule changes that would help to ensure that fundraising on
behalf of non-profit entities is consistent with NCE stations' mission
to serve their local communities through educational and noncommercial
programming.
Legal Basis
21. This NPRM is adopted pursuant to sections 1, 4(i), 303(r), and
399B of the Communications Act of 1934, 47 U.S.C. 151, 154(i), 303(r),
399b.
Description and Estimate of the Number of Small Entities To Which the
Proposed Rules Will Apply
22. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' 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.
23. Television Broadcasting. The SBA defines a television
broadcasting station as a small business if such station has $14.0
million or less in annual receipts. Business concerns included in this
industry are those ``primarily engaged in broadcasting images together
with sound.'' The Commission has estimated the number of licensed
commercial television stations to be 1,387. In addition, according to
Commission staff review of the BIA Kelsey Inc. Master Access Television
Analyzer Database (BIA) as of February 7, 2012, about 950 (73 percent)
of an estimated 1,301 commercial television stations had revenues of
$14.0 million or less and thus qualify as small entities under the SBA
definition. We note, however, that in assessing whether a business
concern qualifies as small under the above definition, business
(control) affiliations must be included. Our estimate, therefore,
likely overstates the number of small entities that might be affected
by our action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. The Commission
has estimated the number of licensed NCE television stations to be 396.
The Commission does not compile and otherwise does not have access to
information on the revenue of NCE stations that would permit it to
determine how many such stations would qualify as small entities.
24. In addition, an element of the definition of ``small business''
is that the entity not be dominant in its field of operation. We are
unable at this time to define or quantify the criteria that would
establish whether a specific television station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any television station from the
definition of a small business on this basis and is therefore possibly
over-inclusive to that extent. Also, an additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. We note that it is difficult at times
to assess these criteria in the context of media entities and our
estimates of small businesses to which they apply may be over-inclusive
to this extent.
25. Radio Stations. The SBA defines a radio broadcasting station
that has $7.0 million or less in annual receipts as a small business. A
radio broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Radio broadcasting
stations which primarily are engaged in radio broadcasting and which
produce radio program materials are similarly included. The Commission
has estimated the number of licensed commercial radio stations to be
14,952. In addition, according to Commission staff review of BIA Kelsey
Inc. Master Access Radio Analyzer Database as of February 7, 2012,
about 10,755 (approximately 97 percent) of an estimated 11,106
commercial radio stations have revenue of $7.0 million or less and thus
qualify as small entities under the SBA definition. We note, however,
that, in assessing whether a business concern qualifies as small under
the above definition, business (control) affiliations must be included.
Our estimate, therefore, likely overstates the number of small entities
that might be affected by our action, because the revenue figure on
which it is based does not include or aggregate revenues from
affiliated companies. The Commission has estimated the number of
licensed NCE radio stations to be 3,644. The Commission does not
compile and otherwise does not have access to information on the
revenue of NCE stations that would permit it to determine how many such
stations would qualify as small entities.
26. In addition, an element of the definition of ``small business''
is that the entity not be dominant in its field of operation. We are
unable at this time to define or quantify the criteria that
[[Page 37645]]
would establish whether a specific radio station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which rules may apply does not exclude any radio station from the
definition of a small business on this basis and therefore may be over-
inclusive to that extent. Also, an additional element of the definition
of ``small business'' is that the entity must be independently owned
and operated. We note that it is difficult at times to assess these
criteria in the context of media entities and our estimates of small
businesses to which they apply may be over-inclusive to this extent.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
27. The NPRM proposes a number of rule changes that would affect
reporting, recordkeeping, and other compliance requirements. Each of
these proposals is described below.
28. The NPRM proposes to allow NCE stations to substantially
interrupt regular programming to spend up to one percent of their total
annual airtime conducting fundraising activities on behalf of third-
party non-profit organizations. If this proposal is adopted, NCE
stations may be required to keep records sufficient to demonstrate that
their fundraising broadcasts are within the one percent limit. The NPRM
also proposes to require NCE stations to submit annual reports to the
Commission on their fundraising for third-party non-profit
organizations. Further, the NPRM proposes to require NCE stations to
include their reports on third-party fundraising in their public files
and to certify on their renewal applications that they have complied
with the limits on fundraising.
Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
29. The RFA requires an agency to describe any significant
alternatives that might minimize any significant economic impact on
small entities. Such alternatives may include the following four
alternatives (among others): (1) The establishment of 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.
30. The NPRM proposes to relax restrictions on third-party
fundraising by NCE stations by allowing NCE stations to devote up to
one percent of their total annual airtime to fundraising for the
benefit of third-party non-profit organizations. This proposal would
benefit small entities by reducing or eliminating the need for NCE
stations to seek a waiver of the Commission's rules to conduct third-
party fundraising activities and affording NCE stations more
flexibility to decide which non-profit entities to support through on-
air fundraising. The NPRM also proposes to require NCE stations that
conduct third-party fundraising to submit annual reports to the
Commission on their fundraising activities, include such reports in
their public files, and certify on their renewal applications that they
have complied with the limits on fundraising. We believe that these
reporting and recordkeeping requirements would impose only minimal
burdens on any affected entities, and the costs of these reporting and
recordkeeping requirements would be offset in our opinion by the
additional flexibility afforded to NCE stations to conduct fundraising
for third-party non-profit organizations of their choosing without the
need to seek a waiver or prior FCC approval. For this reason, an
analysis of alternatives to the proposed rules is unnecessary. We
invite comment on whether there are any alternatives we should consider
that would minimize any adverse impact on small entities, but which
maintain the benefits of our proposals.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
31. None.
B. Paperwork Reduction Act
32. This NPRM proposes new information collection requirements. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and the Office of Management and
Budget (OMB) to comment on the information collection requirements
contained in this document, as required by the Paperwork Reduction Act
of 1995.\8\ In addition, pursuant to the Small Business Paperwork
Relief Act of 2002,\9\ we seek specific comment on how we might
``further reduce the information collection burden for small business
concerns with fewer than 25 employees.'' \10\
---------------------------------------------------------------------------
\8\ See Public Law 104-13.
\9\ See Public Law 107-198.
\10\ See 44 U.S.C. 3506(c)(4).
---------------------------------------------------------------------------
C. Ex Parte Rules
33. Permit-But-Disclose. The proceeding this NPRM initiates shall
be treated as a ``permit-but-disclose'' proceeding in accordance with
the Commission's ex parte rules. Persons making ex parte presentations
must file a copy of any written presentation or a memorandum
summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine
period applies). Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which
the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule Sec.
1.1206(b). In proceedings governed by rule Sec. 1.49(f) or for which
the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
D. Filing Requirements
34. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/.
[[Page 37646]]
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
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.
[cir] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[cir] U.S. Postal Service first-class, Express, and Priority mail
should be addressed to 445 12th Street SW., Washington DC 20554.
35. People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
36. For additional information on this proceeding, contact Kathy
Berthot, Kathy.Berthot@fcc.gov, of the Media Bureau, Policy Division,
(202) 418-2120.
V. Ordering Clauses
37. Accordingly, it is ordered that, pursuant to sections 1, 4(i),
303(r), and 399B of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 303(r), 399b, this Notice of Proposed Rulemaking is
hereby adopted.
38. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 73
Radio, Television, Reporting and recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 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, and 339.
2. Section 73.503 is amended by revising the last sentence of
paragraph (d), redesignating paragraph (e) as paragraph (f), adding a
new paragraph (e) and revising the Note to read as follows:
Sec. 73.503 Licensing requirements and service.
* * * * *
(d) * * * The scheduling of any announcements and acknowledgements
may not interrupt regular programming, except as permitted under
paragraph (e) of this section.
(e) A noncommercial educational FM broadcast station may interrupt
regular programming to conduct fundraising activities on behalf of
third-party non-profit organizations, provided that such fundraising
activities do not exceed one percent of the station's total annual
airtime. For purposes of this paragraph, a non-profit organization is
an entity that qualifies as a non-profit organization under section
501(c)(3) of the Internal Revenue Code.
(1) Opt-In Notification. A noncommercial educational FM broadcast
station that intends to interrupt regular programming to conduct
fundraising activities on behalf of third-party non-profit
organizations must file an opt-in notification with the FCC prior to
engaging in such fundraising activities.
(2) Audience Disclosure. A noncommercial educational FM broadcast
station that interrupts regular programming to conduct fundraising
activities on behalf of third-party non-profit organizations must air a
disclosure during such activities clearly stating that the fundraiser
is not for the benefit of the station itself and identifying the entity
for which it is fundraising and the specific cause, if any, supported
by the fundraiser. The station must air the audience disclosure at the
beginning and the end of each fundraising program and at least once
during each hour in which the program is on the air.
(3) Reports. A noncommercial educational FM broadcast station that
interrupts regular programming to conduct fundraising activities on
behalf of third-party non-profit organizations must file a report with
the FCC on an annual basis describing such activities. These reports
must include, for each fundraiser, the date and time of the fundraiser,
the name of the non-profit entity benefitted by the fundraiser and
whether this entity is a local organization, the specific cause, if
any, supported by the fundraiser, the type of fundraising activity, the
duration of the fundraiser, and the total funds raised.
* * * * *
Note to Sec. 73.503: Commission interpretation on this rule,
including the acceptable form of acknowledgements, may be found in
the Second Report and Order in Docket No. 21136 (Commission Policy
Concerning the Noncommercial Nature of Educational Broadcast
Stations), 86 FCC 2d 141 (1981); the Memorandum Opinion and Order in
Docket No. 21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and
Order in Docket 21136, 97 FCC 2d 255 (1984); and the Report and
Order in Docket No. 12-106 (Noncommercial Educational Station
Fundraising for Third-Party Non-Profit Organizations). See also,
``Commission Policy Concerning the Noncommercial Nature of
Educational Broadcast Stations,'' Public Notice, 7 FCC Rcd 827
(1992), which can be retrieved through the Internet at https://www.fcc.gov/mmb/asd/nature.html.
3. Section 73.621 is amended by redesignating paragraphs (f)
through (i) as paragraphs (g) through (j), revising the last sentence
of paragraph (e) and the Note to paragraph (e), and adding new
paragraph (f) to read as follows:
Sec. 73.621 Noncommercial educational TV stations.
* * * * *
(e) * * * The scheduling of any announcements and acknowledgements
may not interrupt regular programming, except as permitted under
paragraph (f) of this section.
Note: Commission interpretation of this rule, including the
acceptable form of acknowledgements, may be found in the Second
Report and Order in Docket No. 21136 (Commission Policy Concerning
the Noncommercial Nature of Educational Broadcast Stations), 86
F.C.C. 2d 141 (1981); the Memorandum Opinion and Order in Docket No.
21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in
Docket 21136, 49 FR 13534, April 5, 1984; and the Report and Order
in Docket No. 12-106 (Noncommercial Educational Station
[[Page 37647]]
Fundraising for Third-Party Non-Profit Organizations).
(f) A noncommercial educational television station may interrupt
regular programming to conduct fundraising activities on behalf of a
third-party non-profit organization, provided that such fundraising
activities do not exceed one percent of the station's total annual
airtime. For purposes of this paragraph, a non-profit organization is
an entity that qualifies as a non-profit organization under section
501(c)(3) of the Internal Revenue Code.
(1) Opt-In Notification. A noncommercial educational television
station that intends to interrupt regular programming to conduct
fundraising activities on behalf of third-party non-profit
organizations must file an opt-in notification with the FCC prior to
engaging in such fundraising activities.
(2) Audience Disclosure. A noncommercial educational television
station that interrupts regular programming to conduct fundraising
activities on behalf of third-party non-profit organizations must air a
disclosure during such activities clearly stating that the fundraiser
is not for the benefit of the station itself and identifying the entity
for which it is fundraising and the specific cause, if any, supported
by the fundraiser. The station must air the audience disclosure at the
beginning and the end of each fundraising program and at least once
during each hour in which the program is on the air.
(3) Reports. A noncommercial educational television station that
interrupts regular programming to conduct fundraising activities on
behalf of third-party non-profit organizations must file a report with
the FCC on an annual basis describing such activities. These reports
must include, for each fundraiser, the date and time of the fundraiser,
the name of the non-profit entity benefitted by the fundraiser and
whether this entity is a local organization, the specific cause, if
any, supported by the fundraiser, the type of fundraising activity, the
duration of the fundraiser, and the total funds raised.
* * * * *
4. Section 73.3527 is amended by adding new paragraph (e)(14) to
read as follows:
Sec. 73.3527 Local public inspection file of noncommercial
educational stations.
* * * * *
(e) * * *
(14) Reports on Fundraising for Third-Party Non-Profit
Organizations. For noncommercial educational FM broadcast stations a
copy of each report required to be filed with the FCC by Sec.
73.503(e)(3). For noncommercial educational TV broadcast stations a
copy of each report required to be filed with the FCC by Sec.
73.621(f)(3). These reports shall be retained in the public inspection
file until final action has been taken on the station's next license
renewal application.
[FR Doc. 2012-12952 Filed 6-21-12; 8:45 am]
BILLING CODE 6712-01-P