Elimination of Obligation To File Broadcast Mid-Term Report (Form 397), 12313-12318 [2018-05726]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Proposed Rules]
[Pages 12313-12318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05726]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 18-23; FCC 18-20]


Elimination of Obligation To File Broadcast Mid-Term Report (Form 
397)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) proposes to eliminate the rules requiring certain 
broadcast television and radio stations to file Form 397, the EEO 
Broadcast Mid-Term Report. This proposal will continue the Commission's 
efforts to modernize regulations and reduce unnecessary requirements 
that no longer serve the public interest.

DATES: Comments are due on or before May 21, 2018; reply comments are 
due on or before June 19, 2018.

ADDRESSES: You may submit comments, identified by MB Docket No. 18-23, 
by any of the following methods:
     Federal Communications Commission's website: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (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.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] 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, contact 
Jonathan Mark, [email protected], of the

[[Page 12314]]

Media Bureau, Policy Division, (202) 418-3634. Direct press inquiries 
to Janice Wise at (202) 418-8165.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 18-20, adopted and released on 
February 22, 2018. The full text of this document is available 
electronically via the FCC's Electronic Document Management System 
(EDOCS) website at https://fjallfoss.fcc.gov/edocs_public/ or via the 
FCC's Electronic Comment Filing System (ECFS) website at https://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically 
in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also 
available for public inspection and copying during regular business 
hours in the FCC Reference Information Center, which is located in Room 
CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. 
The Reference Information Center is open to the public Monday through 
Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 
a.m. 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 [email protected] or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis

I. Notice of Proposed Rulemaking

    1. In the NPRM, we propose to eliminate the requirement in Sec.  
73.2080(f)(2) of the Commission's rules that certain broadcast 
television and radio stations file the Broadcast Mid-Term Report (Form 
397). In response to a Public Notice launching the Commission's 
Modernization of Media Regulation Initiative, a number of parties have 
asked the Commission to consider eliminating this reporting obligation 
because it is unnecessary and unduly burdensome. By proposing to 
eliminate Form 397, we continue our efforts to modernize our 
regulations and reduce unnecessary requirements that no longer serve 
the public interest.
    2. Section 334(b) of the Communications Act of 1934, as amended 
(the Act), directed the Commission to revise its regulations to require 
a mid-term review of broadcast stations' employment practices. Although 
section 334(b) only applies to TV stations, the Commission currently 
conducts mid-term reviews for both broadcast TV and radio stations. 
Pursuant to this direction, and as specified in Sec.  73.2080(f)(2), 
Commission staff reviews the equal employment opportunity (EEO) 
practices of all broadcast television stations in station employment 
units \1\ with five or more full-time employees, and all radio stations 
in employment units with eleven or more full-time employees, around the 
midpoint of broadcasters' eight-year license terms. After completing a 
mid-term review, staff informs licensees of any necessary improvements 
in recruitment practices to ensure that they are in compliance with the 
Commission's EEO rules.
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    \1\ A station employment unit is a station or a group of 
commonly owned stations in the same market that share at least one 
employee.
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    3. To facilitate mid-term reviews, the Commission adopted the 
current Form 397 in 2002. Stations subject to mid-term reviews must 
file Form 397 at least four months prior to the four-year anniversary 
of the station's most recent license expiration date. Form 397 consists 
of three sections and requires stations to provide information that, 
with one exception, also is available in stations' public inspection 
files. First, stations must certify whether they have the requisite 
number of full-time employees to be subject to a mid-term review. 
Stations that do not have the requisite number of full-time employees 
are not required to file Form 397, but may do so if they choose. 
Second, stations must identify, by name and title, ``a particular 
official with overall responsibility for equal employment opportunity 
at the station.'' This question is also asked in Form 396, Broadcast 
Equal Employment Opportunity Program Report, which must be included in 
a station's public file.
    4. Third, all stations subject to mid-term reviews must attach to 
Form 397 copies of their two most recent annual EEO public file 
reports. Separately, pursuant to Sec.  73.2080(c)(6) of the 
Commission's rules, each broadcast station must place its EEO public 
file report both in its public inspection file and on its website, if 
it has one, on an annual basis.\2\ The report must be retained in the 
public file until the station's next license renewal is granted.
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    \2\ We note that under 47 CFR 73.2080(d), stations in small 
employment units with fewer than five employees are exempt from this 
requirement.
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    5. We tentatively conclude that eliminating Form 397 will advance 
the Commission's goal of reducing unnecessary regulatory burdens 
without undermining our statutorily-required mid-term reviews of 
broadcaster compliance with the EEO rules. As mentioned above, nearly 
all the information in Form 397, such as the name of a station official 
with responsibility for compliance with the Commission's EEO rules and 
copies of a station's annual public file reports, is also available in 
stations' public inspection files. The only piece of information 
required by Form 397 that is not, to date, available in the public 
inspection file is whether the station has enough full-time employees 
to trigger a mid-term review. As discussed below, however, we do not 
believe that the filing of the Form 397 is the only means available by 
which to obtain this information. We therefore agree with NAB and other 
commenters that, in light of the nearly-complete transition to online 
public inspection files, Form 397 is no longer needed to facilitate 
implementation of the Commission's mid-term review obligations. We 
therefore tentatively agree with commenters who assert that requiring 
broadcasters to file Form 397 has become ``redundant and unnecessarily 
burdensome.''
    6. We also tentatively conclude that eliminating Form 397 is 
consistent with section 334 of the Act. As an initial matter, because 
section 334 applies expressly to ``television broadcast station 
licensees,'' it does not implicate Commission regulation of radio 
licensees. Specifically, Section 334(a) only limits changes to certain 
Commission EEO regulations governing television; it prohibits revisions 
to EEO rules ``in effect on September 1, 1992 (47 CFR 73.2080) as such 
regulations apply to television broadcast station licensees and 
permittees'' and to the forms ``used by such licensees and permittees 
to report pertinent employment data to the Commission.'' The 
legislative history identifies those forms as FCC Forms 395-B and 396. 
Indeed, as noted above, the Commission originally adopted Form 397 in 
2000, eight years after Congress enacted section 334 of the Act. 
Accordingly, based on the statutory language and legislative history, 
we tentatively conclude that Form 397 is not subject to the statutory 
limitation on revisions found in section 334(a) of the Act.
    7. As discussed above, Section 334(b) directed the Commission to 
revise its regulations to ``require a midterm review of television 
broadcast station licensees' employment practices'' and to ``inform 
such licensees of necessary improvements in recruitment practices 
identified as a consequence of such review.'' However, this provision 
does not require the Commission to adopt Form 397 and does not prohibit 
the

[[Page 12315]]

Commission from revising or eliminating it. Because, among other 
reasons, the Commission will continue to conduct mid-term reviews of 
broadcast licensees' employment practices even if we eliminate Form 
397, we tentatively conclude that section 334(b) does not bar the 
Commission from modifying or eliminating the Form. We also tentatively 
conclude that section 334(c) does not preclude the Commission from 
eliminating Form 397. Considered in context, subsection (c) is most 
reasonably read as an exception to subsection (a)'s limitation 
prohibiting the Commission from revising the 1992 EEO rules. While 
subsection (a) prohibits the Commission from revising the 1992 EEO 
rules, subsection (c) permits the Commission ``to make nonsubstantive 
technical or clerical revisions'' to those rules as are ``necessary to 
reflect changes in technology, terminology, or Commission 
organization.'' Because the limitation in (a), by its terms, does not 
apply to Form 397, neither does the exception to (a) that Congress 
carved out, as reflected in subsection (c). We seek comment on the 
tentative conclusions related to these statutory interpretations.
    8. We also seek comment on how the Commission should identify which 
stations are subject to a mid-term review, absent Form 397. Commission 
staff currently conducts mid-term reviews of stations that self-
identify as subject to the mid-term review rule by filing Form 397. NAB 
proposes two possible solutions to identify stations subject to mid-
term review, and we seek comment on these suggestions as well as any 
other approach that would allow such stations to be identified with the 
least necessary expenditure of resources by both regulatees and the 
Commission. NAB's first proposal is to require all subject stations to 
indicate whether they are subject to a mid-term review on their annual 
EEO public file report. We note that this proposal would not provide 
information in a format that easily could be aggregated by Commission 
staff and potentially would require staff to manually review each 
station's EEO public file reports prior to the mid-term review period 
to determine which stations are subject to mid-term review. These 
reports do not follow a prescribed uniform structure, so this 
information could appear in different locations and in different 
formats in each report. Although it appears that the costs of including 
this information on the annual EEO report would likely be de minimis, 
we seek comment on the scope of any potential costs to licensees. Would 
this approach constitute an overall reduction in the costs incurred by 
licensees with respect to mid-term reviews?
    9. Alternatively, NAB suggests modifying the online public file 
database itself to require all stations to indicate whether they are 
subject to a mid-term review as a prerequisite to filing their annual 
EEO public file report. If we modify the online public file database to 
include this information, should we adopt NAB's proposed prerequisite 
approach, such as by adding questions regarding staff size to each 
station's public file that must be answered before the station can 
upload its EEO public file report, or should we make some other change? 
Any such modification to the online file would impose information 
technology resource costs on the Commission and new burdens on 
broadcast licensees. What would be the scope of these costs for 
licensees? Would this approach constitute an overall reduction in the 
costs incurred by licensees with respect to mid-term reviews? In 
proposing alternatives to Form 397, commenters should keep in mind that 
our goal is to reduce the regulatory burden on regulatees while at the 
same time minimizing the administrative burden and costs on the 
Commission in its effort to satisfy the statutory objectives of section 
334 of the Act.
    10. Additionally, we seek comment on whether we should require 
stations to designate a point of contact responsible for a station's 
EEO compliance on a more routine basis, if we eliminate Form 397. As 
noted above, point-of-contact information will continue to be provided 
through a station's Form 396. Given that Form 396 is filed only once 
every eight years, however, should we specify a means for stations to 
update their EEO points of contact more frequently? For example, should 
we require this information to be included in a station's annual EEO 
public file report? Are there other options we should consider, such as 
requiring this information to be included in a station's online public 
file? Alternatively, should we conclude that the requirement to include 
a specific EEO point of contact in Form 396 is sufficient?
    11. We also seek input on the relative costs and benefits of Form 
397 as a means to facilitate mid-term reviews. We ask that parties 
explain how any benefits derived from the Form compare with the costs. 
Finally, we seek comment on the FCC's track record on EEO enforcement 
and how the agency can make improvements to EEO compliance and 
enforcement. Beyond the mid-term review, would elimination of Form 397 
impact the FCC's ability to ensure compliance and enforcement of EEO 
rules, and if so, how? Similarly, if Form 397 were eliminated, what 
other mechanisms will the FCC have to monitor and enforce its EEO 
rules?

II. Procedural Matters

A. Initial Paperwork Reduction Act Analysis

    12. This document contains new information collection requirements. 
It seeks comment on whether and how Commission rules would need to be 
revised if Form 397 is eliminated, so that Commission staff would be 
able to determine which broadcast stations are subject to the mid-term 
review of employment practices, and the name and title of station 
employees responsible for EEO compliance. The Commission, as part of 
its continuing efforts 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. In addition, pursuant 
to the Small Business Paperwork Relief Act of 2002, we seek specific 
comment on how we might ``further reduce the information collection 
burden for small business concerns with fewer than 25 employees.''

B. 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 Act Analysis (IRFA) concerning the possible significant 
economic impact on small entities by the rules proposed in this 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 provided on the first page 
of the NPRM. Pursuant to the requirements established in 5 U.S.C. 
603(a), 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 IRFA (or summaries 
thereof) will be published in the Federal Register.
    14. Need for, and Objectives of, the Report and Order. The proposed 
rule changes stem from a Public Notice issued by the Commission in May 
2017 launching an initiative to modernize the Commission's media 
regulations. Numerous parties in that proceeding argued for elimination 
of the

[[Page 12316]]

recordkeeping requirement at issue as redundant and unnecessary. The 
NPRM proposes to eliminate a provision of the Commission's rules that 
obligate certain broadcasters to file a Broadcast Mid-Term Report 
documenting their compliance with the Commission's EEO requirements, 
without eliminating the mid-term review of employment practices.
    15. Specifically, the NPRM proposes to eliminate the requirement in 
47 CFR 73.2080(f)(2) that broadcast television stations in station 
employment units (SEUs) with five or more full-time employees, and 
radio stations in SEUs with 11 or more full-time employees, file Form 
397 four months prior to the date four years after their most recent 
license expiration date. This proposal is intended to reduce outdated 
regulations and unnecessary regulatory burdens that can impede 
competition and innovation in media markets. The NPRM also seeks 
comment on whether it will be necessary to make other changes to Sec.  
73.2080 or the rules governing the online public file in order for 
Commission staff to determine which stations are subject to the 
statutory mid-term review of employment practices and the name and 
title of station employees responsible for EEO compliance.
    16. Legal Basis. The proposed action is authorized pursuant to 
sections 1, 4(i), 4(j), and 334 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), and 334.
    17. Description and Estimates 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 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.\3\ 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.\4\ The rules proposed 
herein will directly affect certain small television and radio 
broadcast stations, and cable entities. Below is a description of these 
small entities, as well as an estimate of the number of such small 
entities, where feasible.
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    \3\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). 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 definitions of such term 
which are appropriate to the activities of the agency and publishes 
such definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \4\ 15 U.S.C. 632. Application of the statutory criteria of 
dominance in its field of operation and independence are sometimes 
difficult to apply in the context of broadcast television. 
Accordingly, the Commission's statistical account of television 
stations may be over-inclusive.
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    18. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound.'' These establishments operate television 
broadcast studios and facilities for the programming and transmission 
of programs to the public. These establishments also produce or 
transmit visual programming to affiliated broadcast television 
stations, which in turn broadcast the programs to the public on a 
predetermined schedule. Programming may originate in their own studio, 
from an affiliated network, or from external sources. The SBA has 
created the following small business size standard for such businesses: 
Those having $38.5 million or less in annual receipts. The 2012 
Economic Census reports that 751 firms in this category operated in 
that year. Of that number, 656 had annual receipts of $25,000,000 or 
less. Based on this data, we estimate that the majority of commercial 
television broadcasters are small entities under the applicable SBA 
size standard.
    19. In addition, the Commission has estimated the number of 
licensed commercial television stations to be 1,384. Of this total, 
1,264 stations had revenues of $38.5 million or less, according to 
Commission staff review of the BIA Kelsey Inc. Media Access Pro 
Television Database (BIA) on February 24, 2017. Such entities, 
therefore, qualify as small entities under the SBA definition. The 
Commission has estimated the number of licensed noncommercial 
educational (NCE) television stations to be 394. The Commission, 
however, does not compile and 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.
    20. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations \5\ 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. In addition, 
another element of the definition of ``small business'' requires that 
an 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 broadcast station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which the proposed rules would apply does not exclude any television 
station from the definition of a small business on this basis and 
therefore could be over-inclusive.
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    \5\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other or a third 
party or parties controls or has the power to control both.'' 13 CFR 
21.103(a)(1).
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    21. There are also 417 Class A stations. Given the nature of this 
service, we will presume that all 417 of these stations qualify as 
small entities under the above SBA small business size standard.
    22. Radio Stations. This economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' The SBA has created the following small business 
size standard for this category: Those having $38.5 million or less in 
annual receipts. Census data for 2012 shows that 2,849 firms in this 
category operated in that year. Of this number, 2,806 firms had annual 
receipts of less than $25,000,000. Because the Census has no additional 
classifications that could serve as a basis for determining the number 
of stations whose receipts exceeded $38.5 million in that year, we 
conclude that the majority of television broadcast stations were small 
under the applicable SBA size standard.
    23. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM radio stations to be 4,486 stations 
and the number of commercial FM radio stations to be 6,755, for a total 
number of 11,241. Of this total, 9,898 stations had revenues of $38.5 
million or less, according to Commission staff review of the BIA Kelsey 
Inc. Media Access Pro Television Database (BIA) in October 2014. In 
addition, the Commission has estimated the number of noncommercial 
educational FM radio stations to be 4,111. NCE stations are non-profit, 
and therefore considered to be small entities.\6\ Therefore, we 
estimate that the

[[Page 12317]]

majority of radio broadcast stations are small entities.
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    \6\ 5 U.S.C. 601(4), (6).
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    24. We note again, however, that in assessing whether a business 
concern qualifies as ``small'' under the above definition, business 
(control) affiliations \7\ must be included. Because we do not include 
or aggregate revenues from affiliated companies in determining whether 
an entity meets the applicable revenue threshold, our estimate of the 
number of small radio broadcast stations affected is likely overstated. 
In addition, as noted above, one element of the definition of ``small 
business'' is that an 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 radio broadcast station is dominant 
in its field of operation. Accordingly, our estimate of small radio 
stations potentially affected by the proposed rules includes those that 
could be dominant in their field of operation. For this reason, such 
estimate likely is over-inclusive.
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    \7\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other or a third 
party or parties controls or has the power to control both.''
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    25. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. In this section, we identify the reporting, 
recordkeeping, and other compliance requirements proposed in the NPRM 
and consider whether small entities are affected disproportionately by 
any such requirements.
    26. Reporting Requirements. The NPRM does not propose to adopt 
reporting requirements.
    27. Recordkeeping Requirements. The NPRM does not propose to adopt 
recordkeeping requirements.
    28. Other Compliance Requirements. The NPRM does not propose to 
adopt other compliance requirements. It does seek comment on whether 
and how Commission rules would need to be revised if Form 397 is 
eliminated, so that Commission staff would be able to determine which 
broadcast stations are subject to the mid-term review of employment 
practices and the name and title of station employees responsible for 
EEO compliance.
    29. The proposed rule revisions, if adopted, will reduce the 
compliance burden on all affected Commission regulatees, including 
small entities, by eliminating the requirement to file Form 397. No 
party in the proceeding has opposed the proposals set forth in the 
NPRM. We thus find it reasonable to conclude that the benefits of 
eliminating the rules at issue will outweigh any costs.
    30. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. The RFA requires an 
agency to describe any significant, specifically small business, 
alternatives that it has considered in reaching its proposed approach, 
which 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 such 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.\8\
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    \8\ 5 U.S.C. 603(c)(1)-(c)(4).
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    31. The NPRM proposes to eliminate the obligation, imposed on 
certain broadcasters, to file a Broadcast Mid-Term Report on employment 
practices. Eliminating this requirement is intended to modernize the 
Commission's regulations and reduce costs and recordkeeping burdens for 
affected entities, including small entities. Under the current rules, 
affected entities must expend time and resources gathering and filing 
consolidated information that is largely already otherwise supplied to 
the Commission. As noted, the proposed rule revisions are unopposed in 
the media modernization docket. Thus, we anticipate that affected small 
entities only stand to benefit from such revisions, if adopted.
    32. Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rule. None.

C. Ex Parte Rules

    33. Permit-But-Disclose. This proceeding 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. Comments and Replies. 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).
     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.
     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,

[[Page 12318]]

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.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    35. 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.
    36. People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the FCC's 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).

III. Ordering Clauses

    37. It is ordered that, pursuant to the authority found in sections 
1, 4(i), and 4(j) of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), and 154(j), this Report and Order is hereby 
adopted.
    38. It is further ordered that, pursuant to the authority found in 
sections 1, 4(i), and 4(j) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), and 154(j), the Commission's rules are 
amended as set forth in Rules Appendix A of the NPRM, effective as of 
the date of publication of a summary in the Federal Register.\9\
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    \9\ These rules serve to ``reliev[e] a restriction.'' 5 U.S.C. 
553(d)(1).
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    39. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    40. It is further ordered that the Commission shall send a copy of 
this Report and Order 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).
    41. It is further ordered that, should no petitions for 
reconsideration or petitions for judicial review be timely filed, MB 
Docket No. 17-231 shall be TERMINATED and its docket closed.

List of Subjects in 47 CFR Part 73

    Equal employment opportunity, Radio, Reporting and recordkeeping 
requirements, Television.


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.

0
2. Amend Sec.  73.2080 by revising paragraph (f)(2) to read as follows:


Sec.  73.2080  Equal Employment Opportunities (EEO).

* * * * *
    (f) * * *
    (2) The Commission will conduct a mid-term review of the employment 
practices of each broadcast television station that is part of an 
employment unit of five or more full-time employees and each radio 
station that is part of an employment unit of 11 or more full-time 
employees four years following the station's most recent license 
expiration date as specified in Sec.  73.1020. If a broadcast licensee 
acquires a station pursuant to FCC Form 314 or FCC Form 315 during the 
period that is to form the basis for the mid-term review, that review 
will cover the licensee's EEO recruitment activity during the period 
starting with the date it acquired the station.
* * * * *
[FR Doc. 2018-05726 Filed 3-20-18; 8:45 am]
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