Online Political File and Petition for Reconsideration, 41014-41016 [2013-16487]
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41014
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Proposed Rules
Dated: July 2, 2013.
Jennifer M. Cannistra,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2013–16392 Filed 7–3–13; 11:15 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 00–168; DA 13–1440]
Online Political File and Petition for
Reconsideration
Federal Communications
Commission.
ACTION: Notice; solicitation of
comments.
AGENCY:
The Federal Communications
Commission solicits public comment on
the impact of the rules requiring
broadcast television stations to post
their political files online, and on a
Petition for Reconsideration filed by the
Television Station Group.
DATES: Comments may be filed on or
before August 26, 2013, and reply
comments may be filed on or before
September 23, 2013.
ADDRESSES: You may submit comments,
identified by MB Docket No. 00–168, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
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: Kim
Matthews, Kim.Matthews@fcc.gov, of
the Policy Division, Media Bureau, (202)
418–2120.
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SUMMARY:
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This is a
summary of the Commission’s Public
Notice in MB Docket No. 00–168, DA
13–1440, released on June 25, 2013. The
full text of this document is available for
public inspection and copying during
regular business hours in the FCC
Reference Center, Federal
Communications Commission, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. This document
will also be available via ECFS at
https://fjallfoss.fcc.gov/ecfs/. Documents
will be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
The complete text may be purchased
from the Commission’s copy contractor,
445 12th Street SW., Room CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
Summary
1. In the Public Notice, the Media
Bureau seeks comment on the impact of
the rules adopted by the Commission in
the Second Report and Order in MM
Docket Nos. 00–168 and 00–44,1
requiring broadcast television stations to
post their political files online. We seek
comment also on the Petition for
Reconsideration of the Second Report
and Order filed by the Television
Station Group.2
2. Background. In the Second Report
and Order, the Commission required
stations to post their public files online
in a Commission-hosted database rather
than maintaining the files locally at
their main studios. With respect to
political file documents that must be
maintained in the public file, the
Commission required stations that are
affiliated with the top four national
networks (ABC, NBC, CBS, and Fox)
and that are licensed to serve
communities in the top 50 Designated
Market Areas (‘‘DMAs’’) to post these
documents online as part of the online
public file, but exempted all other
stations from posting their political file
documents to their online public file
1 Standardized and Enhanced Disclosure
Requirements for Television Broadcast Licensee
Public Interest Obligations, Extension of the Filing
Requirement for Children’s Television Programming
Report, Second Report and Order, 27 FCC Rcd 4535
(2012) (‘‘Second Report and Order’’). The effective
date of the new online public file requirements was
August 2, 2012.
2 See Petition for Reconsideration, Television
Station Group, MM Docket Nos. 00–168 and 00–44
(June 11, 2012) (‘‘Petition for Reconsideration’’).
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until July 1, 2014.3 The Commission
stated that, by July 1, 2013, the Media
Bureau would issue a Public Notice
seeking comment on the impact of this
online posting requirement for the
political file so that the Commission can
consider whether any changes should be
made to the requirement before it takes
effect for other stations.4 The Media
Bureau is issuing this Public Notice
consistent with the Commission’s
commitment in the Second Report and
Order.
3. The online public file requirement
adopted in the Second Report and Order
replaced the decades-old requirement
that commercial and noncommercial
television stations maintain public files
at their main studios with a requirement
to post most of the documents in those
files to a central, online public file
hosted by the Commission. The
Commission’s goals were to modernize
the procedures television broadcasters
use to inform the public about how they
are serving their communities, make
information concerning broadcast
service more accessible to the public,
and reduce broadcasters’ cost of
compliance. The political file
component of the public inspection file
provides information about requests by
political candidates and other political
advertisers to purchase television
advertising time, including the station’s
disposition of each request and the rate
charged for the broadcast time.
4. Stations were required to upload
new public file documents to the online
database starting August 2, 2012.5
Stations were given six months from
this date to upload documents that were
already in their public inspection file.6
3 Id.
at 4536–7, paragraph 3.
4 Id.
5 The National Association of Broadcasters
(‘‘NAB’’) filed a petition for review of the Second
Report and Order with the U.S. Court of Appeals
for the District of Columbia Circuit. Nat’l Assoc. of
Broadcasters v. FCC, No. 12–1225 (D.C. Cir. May 21,
2012). NAB sought an emergency stay of the Second
Report and Order from the FCC and the D.C. Circuit
Court of Appeals; both requests were denied.
Standardized and Enhanced Disclosure
Requirements for Television Broadcast Licensee
Public Interest Obligations, 27 FCC Rcd 7683
(2012); Order, Nat’l Assoc. of Broadcasters v. FCC,
No. 12–1225 (D.C. Cir. July 27, 2012). On January
18, 2013, NAB filed an unopposed motion to hold
further proceedings in the case before the D.C.
Circuit in abeyance pending (1) FCC action on the
petition for reconsideration filed by the Television
Station Group and (2) the Commission’s opening of
a notice and comment period concerning these
rules, prior to July 1, 2013, to consider whether
changes to the requirements are warranted. On
February 12, 2013, the court granted NAB’s motion
to hold proceedings in abeyance. Order, Nat’l
Assoc. of Broadcasters v. FCC, No. 12–1225 (D.C.
Cir. February 12, 2013).
6 The six-month deadline expired February 4,
2013. See Public Notice, Television Broadcast
Stations Reminded of the Upcoming Public
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However, the Commission did not
require stations to upload their existing
political files to the online database; 7
rather, stations were required only to
upload new political file content on a
going-forward basis.8 In addition, to
better ensure that the Commission can
accommodate television broadcasters’
online filings and to confine any
unforeseen start-up difficulties to those
stations that are best able to address
them, the Commission phased in the
new political file posting requirement
by, as noted above, limiting it for the
first two years, until July 1, 2014, to
affiliates of ABC, CBS, NBC, and Fox
networks in the top-50 markets.9
5. To date, over 361,000 documents
have been uploaded into the online
public file, including over 66,000
documents in political files. During the
month leading up to the November 6,
2012 general election, stations uploaded
nearly 27,000 documents to political
files, peaking at 1582 documents
uploaded on November 5. In addition,
the public file has attracted over 2.5
million pageviews on 500,000 unique
visits to the site. The busiest day was
September 11, 2012, on which the site
attracted 5,296 visits.
6. Online Political File. We hereby
request comment on how moving online
the political file has impacted the
approximately 240 stations that are
currently subject to this requirement.
We seek comment generally on the
experience of this initial group of
stations in posting their political files
online as well as the public’s experience
in accessing this information. Have
stations encountered particular
obstacles in connection with posting
documents to the online political file?
Has online posting become easier over
time as station personnel have become
more familiar with the process and as
the Commission has made
improvements to its online database? 10
Inspection File Deadline, DA 13–120, rel. January
30, 2013.
7 These documents must continue to be
maintained at the station, however, until the end of
the two-year retention period.
8 Second Report and Order, 27 FCC Rcd at 4536,
paragraph 2 and at 4551, paragraph 33.
9 Id. at 4536–7, paragraph 3.
10 In October 2012, the Commission announced
the availability of a new, pre-generated ‘‘Terms and
Disclosures’’ folder in the online database where
stations can upload explanations for any terms,
abbreviations or other language necessary for a full
understanding of any documents posted to the
online political file. The Commission also
announced it was continuing work on other
improvements to the online public file including a
public search feature, RSS feeds for easy
identification of new documents filed, and a feature
permitting broadcaster access to the interface
through Dropbox. See Public Notice, New Features
in Online Public Inspection File System
Announced, DA 12–1578, rel. October 3, 2012.
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Are there other steps the Commission
could take to make its online database
more user-friendly? We also ask
members of the public, including
political candidates and their
representatives, who review the online
political file to comment on whether
they have found it easy to access
information in the file, whether there
are other improvements that we could
make to the database to facilitate access
and review of this material, and whether
the ability to view the political file
online has been beneficial.
7. In addition, we seek comment on
the ability of stations that are currently
exempt from the political posting
requirement to comply with the July 1,
2014 deadline. Are there changes we
should make to our rules or our
database to facilitate compliance for
stations that will be subject to the online
political file requirements for the first
time next year? We note that more than
200 television stations that are not
currently subject to the online political
file requirement have posted at least one
document into the online political file.
We invite these stations to provide us
with information about their
experiences in uploading political file
documents to the Commission’s
database.
8. Petition for Reconsideration.
Finally, we also seek comment on the
Petition for Reconsideration of the
Second Report and Order filed on June
11, 2012 by the Television Station
Group, a group of large television
station owners. The petition requests
that the Commission reconsider the
online political file requirement in the
Second Report and Order on the ground
that it is not in the public interest for
stations to disclose online specific, spotby-spot information about the rates
charged for advertisements placed by
candidates or those placed by other
parties that concern candidates.11
Although the Commission’s rules
formerly required that this information
be made publicly available in hard-copy
in the station’s local political files, the
petition argues that disclosure online of
this sensitive pricing information is
anti-competitive, disrupts markets, and
is not contemplated by current
campaign finance disclosure statutes.12
As an alternative, the petition proposes,
among other things, that the
Commission require television stations
to continue to make this specific rate
information available in hard-copy in
their local political files and, in
addition, that the Commission permit
stations, on an opt-in basis, to post to
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11 See
12 Id.
Petition for Reconsideration at 1–2, 5.
at 2.
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41015
the Commission’s database the aggregate
amount of money spent by a sponsor of
political advertisements on the station
in lieu of posting specific rate
information online.13
9. The Public Interest Public Airwaves
Coalition (‘‘PIPAC’’) opposes the
petition on the ground that allowing
stations to post only aggregate data
regarding political ads would be
contrary to the Commission’s efforts to
modernize its reporting systems and to
promote transparency and data-driven
policymaking.14 PIPAC also argues that
the Television Station Group proposal
would make it more difficult for the
public to obtain specific information in
the political file as paper files are costly
and time consuming to view.15 Finally,
PIPAC also argues that aggregated
information is insufficient to enable the
public to ascertain whether stations are
meeting their statutory obligations with
respect to lowest unit rate, equal
opportunities, and public disclosure of
the sources of political ads.16
10. We seek comment on the issues
raised by the petition and opposition.
Would the voluntary nature of the
proposal affect the usefulness of the
data collected? In addition, we invite
comment on whether there are other
mechanisms that the Commission
should consider to improve consumer
access to relevant data regarding
political ads.
11. Permit-but-Disclose. This
proceeding, including both the online
political file inquiry and the Petition for
Reconsideration, will be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules.17 Persons making ex parte
presentations must file a copy of any
written presentation or memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different 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
13 Id.
at 5.
Ex Parte Communication, MM Docket No.
00–168, (February 11, 2013), at 1–2.
15 Id. at 2.
16 Id.
17 See 47 CFR 1.1200 et seq.
14 See
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Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Proposed Rules
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.
12. Comments and Replies. Interested
parties may file comments and reply
comments on or before the dates
indicated on the first page of this
document. Comments and Reply
Comments may be filed using the
Commission’s Electronic Comment
Filing System (‘‘ECFS’’).18
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
• 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 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
18 See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
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17:09 Jul 08, 2013
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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 must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
13. Availability of Documents.
Comments, reply comments, and ex
parte submissions will be available for
public inspection during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street SW., CY–
A257, Washington, DC 20554. These
documents will also be available via
ECFS. Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat.
14. 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 FCC’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
15. Additional Information. For
additional information on this
proceeding, contact Kim Matthews,
Kim.Matthews@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
2154. Press contact: Janice Wise (202–
418–8165; Janice.Wise@fcc.gov).
Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
[FR Doc. 2013–16487 Filed 7–8–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2013–0073]
Preliminary Theft Data; Motor Vehicle
Theft Prevention Standard
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Publication of preliminary theft
data; request for comments.
AGENCY:
This document requests
comments on data about passenger
motor vehicle thefts that occurred in
calendar year (CY) 2011, including theft
rates for existing passenger motor
SUMMARY:
PO 00000
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vehicle lines manufactured in model
year (MY) 2011. The preliminary theft
data indicate that the vehicle theft rate
for CY/MY 2011 vehicles (0.10 thefts
per thousand vehicles) significantly
decreased by 91.45 percent from the
theft rate for CY/MY 2010 vehicles (1.17
thefts per thousand vehicles).
Publication of these data fulfills
NHTSA’s statutory obligation to
periodically obtain accurate and timely
theft data, and publish the information
for review and comment.
DATES: Comments must be submitted on
or before September 9, 2013.
ADDRESSES: You may submit comments
identified by Docket No. NHTSA–2012–
0073 by any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the Supplementary Information section
of this document. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketsInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, 1200 New Jersey
Avenue SE., Washington, DC 20590. Ms.
Mazyck’s telephone number is (202)
E:\FR\FM\09JYP1.SGM
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Agencies
[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Proposed Rules]
[Pages 41014-41016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16487]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 00-168; DA 13-1440]
Online Political File and Petition for Reconsideration
AGENCY: Federal Communications Commission.
ACTION: Notice; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission solicits public comment
on the impact of the rules requiring broadcast television stations to
post their political files online, and on a Petition for
Reconsideration filed by the Television Station Group.
DATES: Comments may be filed on or before August 26, 2013, and reply
comments may be filed on or before September 23, 2013.
ADDRESSES: You may submit comments, identified by MB Docket No. 00-168,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
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: Kim Matthews, Kim.Matthews@fcc.gov, of
the Policy Division, Media Bureau, (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice in MB Docket No. 00-168, DA 13-1440, released on June 25, 2013.
The full text of this document is available for public inspection and
copying during regular business hours in the FCC Reference Center,
Federal Communications Commission, 445 12th Street SW., Room CY-A257,
Washington, DC 20554. This document will also be available via ECFS at
https://fjallfoss.fcc.gov/ecfs/. Documents will be available
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. The
complete text may be purchased from the Commission's copy contractor,
445 12th Street SW., Room CY-B402, Washington, DC 20554. Alternative
formats are available for people with disabilities (Braille, large
print, electronic files, audio format), by sending an email to
fcc504@fcc.gov or calling the Commission's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Summary
1. In the Public Notice, the Media Bureau seeks comment on the
impact of the rules adopted by the Commission in the Second Report and
Order in MM Docket Nos. 00-168 and 00-44,\1\ requiring broadcast
television stations to post their political files online. We seek
comment also on the Petition for Reconsideration of the Second Report
and Order filed by the Television Station Group.\2\
---------------------------------------------------------------------------
\1\ Standardized and Enhanced Disclosure Requirements for
Television Broadcast Licensee Public Interest Obligations, Extension
of the Filing Requirement for Children's Television Programming
Report, Second Report and Order, 27 FCC Rcd 4535 (2012) (``Second
Report and Order''). The effective date of the new online public
file requirements was August 2, 2012.
\2\ See Petition for Reconsideration, Television Station Group,
MM Docket Nos. 00-168 and 00-44 (June 11, 2012) (``Petition for
Reconsideration'').
---------------------------------------------------------------------------
2. Background. In the Second Report and Order, the Commission
required stations to post their public files online in a Commission-
hosted database rather than maintaining the files locally at their main
studios. With respect to political file documents that must be
maintained in the public file, the Commission required stations that
are affiliated with the top four national networks (ABC, NBC, CBS, and
Fox) and that are licensed to serve communities in the top 50
Designated Market Areas (``DMAs'') to post these documents online as
part of the online public file, but exempted all other stations from
posting their political file documents to their online public file
until July 1, 2014.\3\ The Commission stated that, by July 1, 2013, the
Media Bureau would issue a Public Notice seeking comment on the impact
of this online posting requirement for the political file so that the
Commission can consider whether any changes should be made to the
requirement before it takes effect for other stations.\4\ The Media
Bureau is issuing this Public Notice consistent with the Commission's
commitment in the Second Report and Order.
---------------------------------------------------------------------------
\3\ Id. at 4536-7, paragraph 3.
\4\ Id.
---------------------------------------------------------------------------
3. The online public file requirement adopted in the Second Report
and Order replaced the decades-old requirement that commercial and
noncommercial television stations maintain public files at their main
studios with a requirement to post most of the documents in those files
to a central, online public file hosted by the Commission. The
Commission's goals were to modernize the procedures television
broadcasters use to inform the public about how they are serving their
communities, make information concerning broadcast service more
accessible to the public, and reduce broadcasters' cost of compliance.
The political file component of the public inspection file provides
information about requests by political candidates and other political
advertisers to purchase television advertising time, including the
station's disposition of each request and the rate charged for the
broadcast time.
4. Stations were required to upload new public file documents to
the online database starting August 2, 2012.\5\ Stations were given six
months from this date to upload documents that were already in their
public inspection file.\6\
[[Page 41015]]
However, the Commission did not require stations to upload their
existing political files to the online database; \7\ rather, stations
were required only to upload new political file content on a going-
forward basis.\8\ In addition, to better ensure that the Commission can
accommodate television broadcasters' online filings and to confine any
unforeseen start-up difficulties to those stations that are best able
to address them, the Commission phased in the new political file
posting requirement by, as noted above, limiting it for the first two
years, until July 1, 2014, to affiliates of ABC, CBS, NBC, and Fox
networks in the top-50 markets.\9\
---------------------------------------------------------------------------
\5\ The National Association of Broadcasters (``NAB'') filed a
petition for review of the Second Report and Order with the U.S.
Court of Appeals for the District of Columbia Circuit. Nat'l Assoc.
of Broadcasters v. FCC, No. 12-1225 (D.C. Cir. May 21, 2012). NAB
sought an emergency stay of the Second Report and Order from the FCC
and the D.C. Circuit Court of Appeals; both requests were denied.
Standardized and Enhanced Disclosure Requirements for Television
Broadcast Licensee Public Interest Obligations, 27 FCC Rcd 7683
(2012); Order, Nat'l Assoc. of Broadcasters v. FCC, No. 12-1225
(D.C. Cir. July 27, 2012). On January 18, 2013, NAB filed an
unopposed motion to hold further proceedings in the case before the
D.C. Circuit in abeyance pending (1) FCC action on the petition for
reconsideration filed by the Television Station Group and (2) the
Commission's opening of a notice and comment period concerning these
rules, prior to July 1, 2013, to consider whether changes to the
requirements are warranted. On February 12, 2013, the court granted
NAB's motion to hold proceedings in abeyance. Order, Nat'l Assoc. of
Broadcasters v. FCC, No. 12-1225 (D.C. Cir. February 12, 2013).
\6\ The six-month deadline expired February 4, 2013. See Public
Notice, Television Broadcast Stations Reminded of the Upcoming
Public Inspection File Deadline, DA 13-120, rel. January 30, 2013.
\7\ These documents must continue to be maintained at the
station, however, until the end of the two-year retention period.
\8\ Second Report and Order, 27 FCC Rcd at 4536, paragraph 2 and
at 4551, paragraph 33.
\9\ Id. at 4536-7, paragraph 3.
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5. To date, over 361,000 documents have been uploaded into the
online public file, including over 66,000 documents in political files.
During the month leading up to the November 6, 2012 general election,
stations uploaded nearly 27,000 documents to political files, peaking
at 1582 documents uploaded on November 5. In addition, the public file
has attracted over 2.5 million pageviews on 500,000 unique visits to
the site. The busiest day was September 11, 2012, on which the site
attracted 5,296 visits.
6. Online Political File. We hereby request comment on how moving
online the political file has impacted the approximately 240 stations
that are currently subject to this requirement. We seek comment
generally on the experience of this initial group of stations in
posting their political files online as well as the public's experience
in accessing this information. Have stations encountered particular
obstacles in connection with posting documents to the online political
file? Has online posting become easier over time as station personnel
have become more familiar with the process and as the Commission has
made improvements to its online database? \10\ Are there other steps
the Commission could take to make its online database more user-
friendly? We also ask members of the public, including political
candidates and their representatives, who review the online political
file to comment on whether they have found it easy to access
information in the file, whether there are other improvements that we
could make to the database to facilitate access and review of this
material, and whether the ability to view the political file online has
been beneficial.
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\10\ In October 2012, the Commission announced the availability
of a new, pre-generated ``Terms and Disclosures'' folder in the
online database where stations can upload explanations for any
terms, abbreviations or other language necessary for a full
understanding of any documents posted to the online political file.
The Commission also announced it was continuing work on other
improvements to the online public file including a public search
feature, RSS feeds for easy identification of new documents filed,
and a feature permitting broadcaster access to the interface through
Dropbox. See Public Notice, New Features in Online Public Inspection
File System Announced, DA 12-1578, rel. October 3, 2012.
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7. In addition, we seek comment on the ability of stations that are
currently exempt from the political posting requirement to comply with
the July 1, 2014 deadline. Are there changes we should make to our
rules or our database to facilitate compliance for stations that will
be subject to the online political file requirements for the first time
next year? We note that more than 200 television stations that are not
currently subject to the online political file requirement have posted
at least one document into the online political file. We invite these
stations to provide us with information about their experiences in
uploading political file documents to the Commission's database.
8. Petition for Reconsideration. Finally, we also seek comment on
the Petition for Reconsideration of the Second Report and Order filed
on June 11, 2012 by the Television Station Group, a group of large
television station owners. The petition requests that the Commission
reconsider the online political file requirement in the Second Report
and Order on the ground that it is not in the public interest for
stations to disclose online specific, spot-by-spot information about
the rates charged for advertisements placed by candidates or those
placed by other parties that concern candidates.\11\ Although the
Commission's rules formerly required that this information be made
publicly available in hard-copy in the station's local political files,
the petition argues that disclosure online of this sensitive pricing
information is anti-competitive, disrupts markets, and is not
contemplated by current campaign finance disclosure statutes.\12\ As an
alternative, the petition proposes, among other things, that the
Commission require television stations to continue to make this
specific rate information available in hard-copy in their local
political files and, in addition, that the Commission permit stations,
on an opt-in basis, to post to the Commission's database the aggregate
amount of money spent by a sponsor of political advertisements on the
station in lieu of posting specific rate information online.\13\
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\11\ See Petition for Reconsideration at 1-2, 5.
\12\ Id. at 2.
\13\ Id. at 5.
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9. The Public Interest Public Airwaves Coalition (``PIPAC'')
opposes the petition on the ground that allowing stations to post only
aggregate data regarding political ads would be contrary to the
Commission's efforts to modernize its reporting systems and to promote
transparency and data-driven policymaking.\14\ PIPAC also argues that
the Television Station Group proposal would make it more difficult for
the public to obtain specific information in the political file as
paper files are costly and time consuming to view.\15\ Finally, PIPAC
also argues that aggregated information is insufficient to enable the
public to ascertain whether stations are meeting their statutory
obligations with respect to lowest unit rate, equal opportunities, and
public disclosure of the sources of political ads.\16\
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\14\ See Ex Parte Communication, MM Docket No. 00-168, (February
11, 2013), at 1-2.
\15\ Id. at 2.
\16\ Id.
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10. We seek comment on the issues raised by the petition and
opposition. Would the voluntary nature of the proposal affect the
usefulness of the data collected? In addition, we invite comment on
whether there are other mechanisms that the Commission should consider
to improve consumer access to relevant data regarding political ads.
11. Permit-but-Disclose. This proceeding, including both the online
political file inquiry and the Petition for Reconsideration, will be
treated as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules.\17\ Persons making ex parte presentations
must file a copy of any written presentation or memorandum summarizing
any oral presentation within two business days after the presentation
(unless a different 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
[[Page 41016]]
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.
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\17\ See 47 CFR 1.1200 et seq.
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12. Comments and Replies. Interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments and Reply Comments may be filed using the
Commission's Electronic Comment Filing System (``ECFS'').\18\
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\18\ See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
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Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
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 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.
[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
must be addressed to 445 12th Street SW., Washington, DC 20554.
13. Availability of Documents. Comments, reply comments, and ex
parte submissions will be available for public inspection during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW., CY-A257, Washington, DC
20554. These documents will also be available via ECFS. Documents will
be available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.
14. 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 FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY).
15. Additional Information. For additional information on this
proceeding, contact Kim Matthews, Kim.Matthews@fcc.gov, of the Media
Bureau, Policy Division, (202) 418-2154. Press contact: Janice Wise
(202-418-8165; Janice.Wise@fcc.gov).
Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
[FR Doc. 2013-16487 Filed 7-8-13; 8:45 am]
BILLING CODE 6712-01-P