Promoting Diversification of Ownership in the Broadcasting Services, 2934-2938 [2013-00574]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Proposed Rules]
[Pages 2934-2938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00574]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 07-294, 06-121, 02-277, 04-228; MM Docket Nos. 01-235, 
01-317, 00-244; FCC 09-92]


Promoting Diversification of Ownership in the Broadcasting 
Services

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission seeks comment on whether to collect information 
from holders of equity interests in a licensee that would be 
attributable but for the single majority shareholder exemption and from 
holders of interests that would be attributable but for the higher EDP 
thresholds adopted in the Diversity Order, published May 16, 2008, for 
purposes of determining attribution of certain interests in eligible 
entities.

DATES: The Commission must receive written comments on or before 
February 14, 2013 and reply comments on or before March 1, 2013. 
Written comments on the Paperwork Reduction Act (PRA) proposed 
information collection requirements must be submitted by the public, 
Office of Management (OMB) and other interested parties on or before 
March 18, 2013.

ADDRESSES: You may submit comments, identified by MB Docket. No. 07-
294, by any of the following methods:
     Federal Communications Commission's Web Site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     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.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Judith Herman of the Media Bureau, Industry 
Analysis Division, at (202) 418-2330. For additional information 
concerning the Paperwork Reduction Act information collection 
requirements contained in the Notice of Proposed Rulemaking contact 
Cathy Williams at (202) 418-2918 or send an email to PRA@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fifth 
Notice of Proposed Rulemaking in MB Docket No. 07-294 is available for 
public inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th Street 
SW., Washington, DC 20554. These documents will also be available via 
ECFS (https://fjallfoss.fcc.gov/ecfs/) and may be purchased from the 
Commissions copy contractor, BCPI, Inc. at their Web site https://www.bcpi.com or call 1-800 378-3160.

Initial Paperwork Reduction Act of 1995 Analysis

    This Notice of Proposed Rulemaking may result in a new or revised 
information collection requirement. If the Commission adopts any new or 
revised information collection requirements, the Commission will 
publish a notice in the Federal Register inviting the public to comment 
on the requirement, as required by the Paperwork Reduction Act of 1995, 
Public Law 104-13 (44 U.S.C. 3501-3520). In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the commission seeks further comment on how it might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''

I. Introduction

    1. The Commission seeks comment on whether to collect information 
from holders of equity interests in a licensee that would be 
attributable but for the single majority shareholder exemption and from 
holders of interests that would be attributable but for the higher EDP 
thresholds adopted in the Diversity Order, published May 16, 2008, 73 
FR 28361, for purposes of determining attribution of certain interests 
in eligible entities. In the 323 Order, 74 FR 25163 (2009), the 
Commission determined that, in order to measure the extent of minority 
and female ownership of broadcast outlets and assess the need for and 
effectiveness of any policies designed to promote minority and female 
ownership, it is important to obtain information on holders of certain 
nonattributable interests, as well as on holders of attributable 
interests. The Commission concluded that while it considers only 
attributable interest holders in determining whether licensees are in 
compliance with our media ownership rules, the balance struck in 
defining what interests should be counted for purposes of implementing 
our ownership rules may not be appropriate for collecting data on 
interests held by minorities and women. As noted above, we did not 
receive comments on this issue prior to adopting these conclusions. 
Therefore, in order to obtain a complete record on this question, we 
are commencing a Further Rulemaking on whether to expand the reporting 
requirements to include certain nonattributable entities. Specifically, 
we seek comment on whether to collect information from holders of 
equity interests in a licensee that would be attributable but for the 
single majority shareholder exemption and from holders of interests 
that would be attributable but for the higher EDP thresholds adopted in 
the Diversity Order for purposes of determining attribution of certain 
interests in eligible entities.
    2. The single majority shareholder exemption provides that a 
minority shareholder's voting interests will not be attributed where a 
single shareholder holds more than 50 percent of the outstanding voting 
stock of the corporation in question. In the 323 Order, the Commission 
explained why reporting of information about minority shareholders in a 
corporation with a single majority shareholder is important: ``For 
purposes of assessing levels of minority ownership * * * we believe 
that we should err on the side of comprehensiveness based on criticisms 
of the current collection scheme. The minority interests that are 
exempt from attribution under the single majority shareholder exemption 
can be quite substantial--nearly 50%. Including these interest holders 
would make the data set more complete and help determine whether 
nonattributable interests could be a source of attributable minority 
and female owners in the future. Thus, collection of this

[[Page 2935]]

information will be useful in assessing whether we need to take 
additional measures to increase minority ownership and in justifying 
any measures that we decide to take.'' The FCC proposes to require that 
voting stock interests that would be attributable but for the single 
majority stockholder exemption be reported on the biennial Form 323.
    3. As is the case now, whether the holders of these direct or 
indirect interests in licensees that are held in vertical ownership 
chains will have to file a Form 323 themselves or will simply have 
their interest reported on a Form 323 filed by another entity would 
depend on the nature of the shareholder. Individuals holding such 
interests in licensees or in entities that hold interests in licensees 
would be reported on the Form 323 filed by the entity in which they 
hold the interest and would not have to file a form themselves. 
Corporations, partnerships, or other entities holding such interests in 
licensees or in entities that directly or indirectly hold interests in 
licensees, however, would both be reported on the Form 323 filed by the 
entity in which they hold the interest and would be required to file a 
Form 323 on their own behalf, using the same biennial Form 323 as all 
other filers would use and following the same format and instructions. 
The distinction made here between individuals and entities for purposes 
of the Form 323 filing obligation is the same distinction that applies 
under the current rules. The Commission seeks comment on this proposal.
    4. Under the Commission's EDP standard, an interest is deemed 
attributable if, aggregating both equity and debt, the interest exceeds 
33 percent of the total asset value (all equity plus all debt) of a 
broadcast station licensee, cable television system, daily newspaper or 
other media outlet subject to the Commission's broadcast multiple 
ownership or cross-ownership rules--and the interest holder also: (1) 
Holds an attributable interest in another media outlet in the same 
market that is subject to the multiple or cross-ownership rules; or (2) 
supplies over 15 percent of the total weekly broadcast programming 
hours of the station in which the interest is held. In the Diversity 
Order, the Commission adopted a mechanism to allow an interest holder 
to exceed the 33 percent threshold without triggering attribution if 
the investment would enable an ``eligible entity'' (as that term is 
defined in the Diversity Order) to acquire a broadcast station, 
provided that: (1) The combined equity and debt of the interest holder 
in the eligible entity is less than 50 percent; or (2) the total debt 
of the interest holder in the eligible entity does not exceed 80 
percent of the asset value of the station being acquired by the 
eligible entity and the interest holder does not hold any equity 
interest, option or promise to acquire an equity interest, option or 
promise to acquire an entity interest in the eligible entity or any 
related entity.
    5. In order to obtain more complete ownership data, the Commission 
proposes that interest that would be attributable but for the recently 
adopted EDP exemption for certain investments in eligible entities be 
reported on the biennial Form 323. In the 323 Order, the Commission 
noted that it ``did not premise its relaxation of the EDP attribution 
rule on a finding that such an interest holder is unable to exert 
significant influence in the licensee but rather on a policy decision 
that relaxing the EDP rule is necessary to facilitate access to capital 
by eligible entities, including minority- and female-owned 
businesses.'' The Commission also noted that it already has determined 
that interests that exceed 33 percent EDP threshold confer on the 
interest holder an ability to influence a licensee's operations. While 
we do not believe there are many ownership interests held pursuant to 
this exemption, they are clearly interests within the scope of our 
concern in this proceeding. For this reason, we propose to require that 
they be reported. With respect to which interest holders will be report 
and which will also file Form 323, we propose to apply the same 
distinction discussed in paragraph 18 of the 5th FNPRM. Thus, 
individuals holding these interests would have to be reported by the 
entity in which the interest is directly held but would not themselves 
have to file the separate ownership reports and be reported by the 
entity in which the interest is directly held.
    6. Will collection of race, ethnicity, and gender data on the 
holders of these two nonattributable interests further the Commission's 
goals to obtain reliable data on the precise status of minority and 
female ownership? NAB suggests that information from nonattributable 
entities will not provide the Commission with any useful information on 
the current status of minority and female ownership of broadcast 
stations. We seek comment on this view. NAB states that by excluding 
these interests from its attribution rules, the Commission has already 
determined that such interests fail to confer sufficient influence over 
a licensee's operations. Therefore, NAB questions how the ownership 
information will further the Commission's stated goals. We seek comment 
on NAB's position and on all aspects of our proposals.
    7. We also seek comment on any adverse consequences of requiring 
reporting of individuals holding these nonattributable interests and of 
requiring entities holding these nonattributable interests to file 
separate Form 323s. We seek comment specifically on NAB's concern that 
the reporting requirement will deter investment in the broadcast 
industry by increasing investors' administrative and financial burdens 
and by requiring disclosure of information that they would otherwise 
consider private. CBS argues that the potential costs and other burdens 
of compliance with these reporting requirements could persuade 
nonattributable investors to invest elsewhere or even divest their 
existing ownership interests. We seek comment on these contentions. In 
the 323 Order, the Commission explained that our attribution rules seek 
to identify financial interests in licensees that convey the potential 
and incentive to exert significant influence over core licensee 
functions, and thus should be counted under the multiple ownership 
rules. At the same time, however, the Commission noted that it has 
sought to target the attribution rules precisely so as to avoid 
impeding capital flow to broadcasters. The Commission concluded that, 
in this instance, the concern about impeding capital flow does not 
apply, and noted that the Commission's goal is to collect information 
so that we can accurately assess and effectively promote diversity of 
ownership in the broadcast industry. We seek comment on whether a 
reporting requirement of non-attributable interests would adversely 
affect capital investment in broadcasting.
    8. We seek comment on whether expanding the reporting requirements 
to include the two non-attributable interests we have identified will 
result in undue burdens on licensees, and in particular, small 
entities. The Commission recognized that it must balance the goal of 
collecting more comprehensive and more accurate data with the goal of 
minimizing burdens on respondents. In the 323 Order, the Commission 
explained that broadcasters are familiar with and accustomed to keeping 
records in accordance with the Commission's existing attribution rules, 
which provide useful, fairly bright-line criteria to determine which 
interests must be reported and which interests do not need to be 
reported. CBS suggests that broadcasters often do not possess

[[Page 2936]]

the reportable information because publicly traded companies may have 
limited knowledge of the demographic information of a majority of 
shareholders, and may not know the underlying beneficial owners when 
the stocks are held by banks or other financial institutions. We seek 
comment on whether licensees or other entities required to file revised 
Form 323 currently possess information on minority shareholders of 
single majority shareholder corporations. If not, what is the burden of 
collecting this information? Will licensees, parent corporations, or 
other entity filers have to obtain specialized counsel and conduct 
additional surveys to comply with the reporting requirement, as 
suggested by CBS? We seek comment on whether the benefits of obtaining 
comprehensive minority and female ownership data outweigh the increased 
burden on respondents. Are alternatives available to reduce the filing 
burden without reducing the accuracy or completeness of the data?
    9. We also seek comment on NAB's suggestion that, if the Commission 
adopts the reporting requirement discussed above, it should limit the 
reportable information to race, gender, and ownership percentage of the 
nonattributable investors, rather than full reporting of their names, 
addresses, familial relationships, and other media holdings. Would data 
thus limited provide the Commission and outside researchers with 
sufficient information to conduct studies? If information on 
nonattributable media holdings is omitted, as suggested by NAB, would 
the Commission lack sufficient information to accurately determine the 
universe of minority and female ownership in broadcasting?

II. Procedural Matters

    10. Ex Parte Rules. The proceeding this 5th Further Notice of 
Proposed Rulemaking 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.
    11. Comments and Reply Comments. 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). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
    [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.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th Street 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.
    [ssquf] 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.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    12. 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).

Initial Regulatory Flexibility Analysis

    13. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA''), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (``IRFA'') of the possible economic impact on 
small entities by the policies and rules proposed in this Fifth FNPRM. 
The RFA, see 5 U.S.C. 601-612, was amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (``SBREFA''), Public Law 
104-121, Title II, 110 Stat. 857 (1996). 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 first page 
of this document. The Commission will send a copy of the Notice, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (``SBA'').
    14. Need for, and Objectives of, the Proposed Rules. The Fifth 
FNPRM invites comment on proposed revisions to FCC Form 323 that would 
require entities that hold financial interests that would constitute 
attributable interests in the licensee (1) but for the single majority 
shareholder attribution exemption or (2) the higher Equity/Debt Plus 
threshold adopted in the Diversity Order for purposes of attributing 
certain interests in eligible entities to file ownership reports 
biennially and would require reporting in biennial ownership reports of 
individuals that hold such interests. Consistent with current filing 
requirements, an individual holding an ownership interest is not 
required to file Form 323. The objective of the information collection 
is to obtain comprehensive ownership data to further the Commission's 
goal to design

[[Page 2937]]

policies to advance diversity in the broadcast industry.
    15. Legal Basis. This Fifth FNPRM is adopted pursuant to sections 
1, 2(a), 3, 4(i)-(j), 257, and 303(r), of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152(a), 153, 154(i, j), 257, 303.
    16. Description and Estimate of the Number of Small Entities To 
Which the Proposed Rules Will Apply. 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 defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small governmental entity'' under Section 3 of the Small Business 
Act. In addition, the term ``small business'' has the same meaning as 
the term ``small business concern'' under the Small Business Act. 
Pursuant to 5 U.S.C. 601(3), the statutory definition of a small 
business applies ``unless an agency, after consultation with the Office 
of Advocacy of the Small Business Administration and after opportunity 
for public comment, establishes one or more definition of such term 
which are appropriate to the activities of the agency and publishes 
such definition(s) in the Federal Register.'' 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.
    17. Television Broadcasting. In this context, the application of 
the statutory definition to television stations is of concern. The 
Small Business Administration defines a television broadcasting station 
that has no more than $14 million in annual receipts as a small 
business. Business concerns included in this industry are those 
``primarily engaged in broadcasting images together with sound.'' This 
category description states: ``These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' In the Fifth NPRM, the 
Commission noted that upon review of the BIA Kelsey Inc. Media Access 
Pro Television Database, as of August 14, 2009 there were about 923 (72 
percent) of the 1,289 commercial television stations in the United 
States with revenues of $14 million or less. These statistics will be 
updated in a subsequent FRFA. The Commission notes that in assessing 
whether a business entity qualifies as small under the above 
definition, business control affiliations must be included. 
``[Businesses] are affiliates of each other when one [business] 
controls or has the power to control the other or a third party or 
parties controls or has the power to control both.'' The Commission's 
estimate, therefore, likely overstates the number of small entities 
that might be affected by any changes to the filing requirements for 
FCC Form 323, because the revenue figures on which this estimate is 
based do not include or aggregate revenues from affiliated companies.
    18. An element of the definition of ``small business'' is that the 
entity not be dominant in its field of operation. The Commission is 
unable at this time and in this context to define or quantify the 
criteria that would establish whether a specific television station is 
dominant in its market of operation. Accordingly, the foregoing 
estimate of small businesses to which the rules may apply does not 
exclude any television stations from the definition of a small business 
on this basis and is therefore over-inclusive to that extent. An 
additional element of the definition of ``small business'' is that the 
entity must be independently owned and operated. It is difficult at 
times to assess these criteria in the context of media entities, and 
the Commission's estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    19. Radio Broadcasting. The Small Business Administration defines a 
radio broadcasting entity that has $7 million or less in annual 
receipts as a small business. Business concerns included in this 
industry are those ``primarily engaged in broadcasting aural programs 
by radio to the public.'' According to Commission staff review of the 
BIA Kelsey Inc. Media Access Radio Analyzer Database as of August 14, 
2009, there were about 10,660 (96 percent) of 11,100 commercial radio 
stations in the United States with revenues of $7 million or less. 
These statistics will be updated in a subsequent FRFA. The Commission 
notes that in assessing whether a business entity qualifies as small 
under the above definition, business control affiliations must be 
included. ``[Businesses] are affiliates of each other when one 
[business] controls or has the power to control the other, or a third 
party or parties controls or has the power to control both.'' The 
Commission's estimate, therefore, likely overstates the number of small 
entities that might be affected by any changes to the ownership rules, 
because the revenue figures on which this estimate is based do not 
include or aggregate revenues from affiliated companies.
    20. In this context, the application of the statutory definition to 
radio stations is of concern. An element of the definition of ``small 
business'' is that the entity not be dominant in its field of 
operation. The FCC is unable at this time and in this context to define 
or quantify the criteria that would establish whether a specific radio 
station is dominant in its field of operation. Accordingly, the 
foregoing estimate of small businesses to which the rules may apply 
does not exclude any radio station from the definition of a small 
business on this basis and is therefore over-inclusive to that extent. 
An additional element of the definition of ``small business'' is that 
the entity must be independently owned and operated. The Commission 
notes that it is difficult at times to assess these criteria in the 
context of media entities, and the Commission's estimates of small 
businesses to which they apply may be over-inclusive to this extent.
    21. Class A TV and LPTV stations. The rules and policies adopted 
herein apply to licensees of Class A TV stations and low power 
television (``LPTV'') stations, as well as to potential licensees in 
these television services. The same SBA definition that applies to 
television broadcast licensees would apply to these stations. The SBA 
defines a television broadcast station as a small business if such 
station has no more than $14.0 million in annual receipts. As of June 
30, 2009, there were approximately 553 licensed Class A stations and 
2,386 licensed LPTV stations. Given the nature of these services, the 
Commission will presume that all of these licensees qualify as small 
entities under the SBA definition. These statistics will be updated in 
a subsequent FRFA. The Commission notes, however, that under the SBA's 
definition, revenue of affiliates that are not LPTV stations should be 
aggregated with the LPTV station revenues in determining whether a 
concern is small. The Commission's estimate may thus overstate the 
number of small entities since the revenue figure on which it is based 
does not include or aggregate revenues from non-LPTV affiliated 
companies.
    22. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. The Commission anticipates that changes in 
recording or recordkeeping requirements for commercial broadcast 
entities would result from the changes in the Commission's Form 323 
necessary to implement the proposal to collect additional investor 
information. Entities holding two types of nonattributable interests, 
as described in

[[Page 2938]]

the Fifth FNPRM, would be required to file Form 323, and individuals 
holding these interests would have to be reported on Form 323.
    23. Steps Taken to Minimize Significant Impact on Small Entities, 
and Significant Alternatives Considered. 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 and 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.
    24. As noted, the Commission is directed under law to describe any 
such alternatives it considers, including alternatives not explicitly 
listed above. The Fifth FNPRM seeks comment on the tentative conclusion 
that obtaining certain nonattributable financial interests would 
further its goal to design policies to advance diversity in the 
broadcast industry. In the alternative, the Commission could defer 
until a later time collection of such information or not require 
reporting of such information. The Fifth FNPRM also seeks comment on 
whether the proposed data collection would impose a significant 
reporting, recordkeeping, or other compliance burden on commercial 
broadcast entities, especially smaller entities, and whether there are 
alternative ways to minimize burdens from this proposed reporting 
requirement.
    25. Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    None.

III. Ordering Clauses

    26. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 2(a), 4(i)-(j), 257, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i)-
(j), 257, and 303(r), the Fifth FNPRM is adopted.
    27. It is further ordered that, pursuant to the authority contained 
in sections 1, 2(a), 4(i, j), 257, and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i, j), 257, 303(r), 
notice is hereby given of the proposals described in this Fifth FNPRM.
    28. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Fifth FNPRM, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    29. It is further ordered that the Commission shall send a copy of 
the Fifth FNPRM in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

    Federal Communications Commission.
Cecilia Sigmund,
Associate Secretary (Acting).
[FR Doc. 2013-00574 Filed 1-14-13; 8:45 am]
BILLING CODE 6712-01-P