Filing of Applications; Modernization of Media Regulation Initiative; Revision of the Public Notice Requirements, 36786-36798 [2020-11127]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Rules and Regulations]
[Pages 36786-36798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11127]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 17-264, 17-105, 05-6; FCC 20-65; FRS 16777]


Filing of Applications; Modernization of Media Regulation 
Initiative; Revision of the Public Notice Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission adopts changes to its rules 
and procedures for broadcast station applicants to provide public 
notice of application filings to the principal area that is served or 
to be served by the

[[Page 36787]]

station. The changes are designed to improve, streamline, and 
standardize the notices, including replacing notice by newspaper with 
online notice. The changes are further designed to enhance rule 
compliance and public participation in the application process, 
increase public access to filed applications, and reduce applicant 
burdens.

DATES: Effective July 20, 2020, except for rule changes to 47 CFR 
73.3525, 73.3526, 73.3527, 73.3571, 73.3573, 73.3580, and 73.3594. The 
Commission will publish a separate document in the Federal Register 
announcing the effective date of these rules.

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau, 
Audio Division, (202) 418-2721; Lisa Scanlan, Deputy Division Chief, 
Media Bureau, Audio Division, (202) 418-2704; Thomas Nessinger, Senior 
Counsel, Media Bureau, Audio Division, (202) 418-2709. For additional 
information concerning the Paperwork Reduction Act (PRA) information 
collection requirements contained in this document, contact Cathy 
Williams at 202-418-2918, or via the internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order (Second R&O), MB Docket Nos. 17-264, 17-105, and 05-6; 
FCC 20-65, adopted on May 12, 2020, and released on May 13, 2020. 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://www.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 [email protected] or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Paperwork Reduction Act of 1995 Analysis

    This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, see 44 U.S.C. 3507. The Commission, as part of its 
continuing effort to reduce paperwork burdens, will invite the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document in a 
separate Federal Register Notice, as required by the PRA. These new or 
modified information collections will become effective after the 
Commission publishes a document in the Federal Register announcing such 
approval and the relevant effective date.
    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 
previously sought specific comment on how the Commission might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.

Congressional Review Act

    The Commission will send a copy of this Second R&O to Congress and 
the Government Accountability Office (GAO) pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A).

Synopsis

    1. Introduction. In the Second R&O, the Commission revised the 
broadcast local public notice rule, 47 CFR 73.3580, along with other 
associated rules. These rule amendments were proposed in the Further 
Notice of Proposed Rulemaking (FNPRM) in this proceeding, 34 FCC Rcd 
9251 (2019), 84 FR 54881 (Oct. 18, 2019), which expanded upon the 
initial Notice of Proposed Rulemaking (NPRM), 32 FCC Rcd 8203 (2017), 
82 FR 56574 (Nov. 29, 2017). Based upon comments received in response 
to both the NPRM and the FNPRM, the Commission adopted, in some cases 
with modifications, its proposals to update, clarify, and streamline 
Sec.  73.3580 and the local public notice obligations contained in that 
and other related rule sections. Specifically, it adopted the proposal 
to eliminate the obligation to publish public notices in print 
newspapers, and to require instead that applicants provide public 
notice through online notices that link directly to the Commission-
hosted online public inspection file or application databases, and/or 
through on-air announcements that direct viewers and listeners to those 
application resources. The new rules are designed to simplify 
broadcasters' local public notice obligations in a manner that reduces 
costs and burdens on applicants, while facilitating robust public 
participation in the broadcast licensing process.
    2. Section 311 of the Communications Act of 1934, as amended (47 
U.S.C. 311), provides that applicants for certain broadcast 
authorizations shall give notice of such filing in the principal area 
which is served or is to be served by the station. The purpose of the 
statute, and of the implementing Sec.  73.3580, is to ensure that 
relevant communities are made aware of applications and are afforded 
the opportunity to participate in the broadcast licensing process. 
Under the current rule, notices break down broadly into giving on-air 
notice of application filings and/or publishing such notice in 
newspapers, yet the details of those requirements differ based on the 
type of application being filed and the type of applicant submitting 
the filing. This resulted in a rule that has become increasingly 
complex, creating compliance difficulties.
    3. Based on comments filed in response to the NPRM, the Commission 
proposed in the FNPRM to eliminate the requirement to publish written 
public notice in newspapers, replacing newspaper publication with 
shorter online written notice, and also seeking comment on whether to 
there were more effective means of providing online public notice. The 
Commission further proposed to streamline both on-air and online 
written public notices, requiring simpler and less frequent on-air 
announcements that emphasize referring viewers and listeners to the 
Commission-hosted Online Public Inspection File (OPIF), and that the 
schedule of such announcements be made uniform for all applicants, 
broadcast services, and application types. Commenters to the FNPRM 
generally agreed with the proposals, differing only as to some of the 
details, with some of the comments pointing to improvements that will 
further increase access to application information needed for 
meaningful public participation in the process.
    4. Proposed elimination of public notice requirements. As a 
threshold matter, the Commission adopted its tentative conclusion that 
it is obliged under 47 U.S.C. 311(a)(1) to require broadcast station 
applicants to provide notice of application filing in the principal 
area which is served or is to be served by the station.
    5. Substitution of online written public notice for newspaper 
publication. The Commission adopted its proposal to discontinue 
requiring broadcast station applicants to publish local public notice 
in newspapers, and to require instead that applicants required to give 
``written'' (as opposed to on-air) notice do so by posting notices on a 
publicly accessible website for 30 days,

[[Page 36788]]

beginning within five days of the acceptance of the application for 
filing. Given the ease of internet search and specificity to stations 
of interest, the Commission found that the cost savings and increased 
information yielded by online notice with links to the application 
outweighed the minimal benefit of publishing occasional notices in one 
local newspaper.
    6. Online notice requirements. Based upon comments received, the 
Commission adopted modifications to its online notice proposals. 
Instead of posting the entire notice text on its home page, as proposed 
in the FNPRM, the Commission modified the proposal to provide that a 
broadcaster should be required to include a conspicuous ``FCC 
Applications'' link or tab on the home page that will link to a 
separate page containing the full notice text. The Commission further 
modified the proposed text of online notices to mirror on-air 
announcements and to indicate where members of the public may obtain 
information regarding filing comments on applications. The Commission 
committed to provide links in OPIF and the Licensing and Management 
System (LMS) database landing page to a separate page detailing how a 
member of the public can comment on an application. The Commission also 
adopted its proposal that online notice be posted continuously for 30 
days immediately following acceptance of the application for filing and 
clarified that the 30-day period can begin as soon as the application 
is accepted, but not later than five business days following acceptance 
for filing. With regard to noncommercial educational (NCE) stations, 
the Commission retained the current practice of exempting them from 
providing written public notice, except in cases where the NCE station 
has not commenced program operations or is off the air. Likewise, it 
found that silent stations must provide online notice in lieu of on-air 
announcements. Finally, the Commission adopted its proposal to require 
applicants for authorization under 47 U.S.C. 325(c) to provide notice 
by online posting, using the same sites as specified for other 
broadcast stations.
    7. Websites for posting online notice. The Commission adopted its 
proposal to require online public notice to be published, in order of 
availability, on (1) the website of the applicant station; (2) the 
website of the applicant station's licensee; (3) the website of the 
applicant station's parent entity or, if there is no applicant-
affiliated website (4) on a locally targeted, publicly accessible 
website, defined as an internet website (a) that members of the public 
can access without payment, registration, or any other requirement that 
the user provide information or respond to a survey or questionnaire in 
exchange for being able to access the online notice, and (b) that is 
locally targeted to the area served and/or to be served by the 
applicant station (e.g., local government website, local community 
bulletin board website, local newspaper website, state broadcasters' 
association website). In response to comments, however, we supplement 
and modify our proposal. At the suggestion of commenters, it required 
that ``posting'' on the applicant station website be accomplished by 
inserting a tab or link on the home page conspicuously labeled ``FCC 
Applications,'' that will link to a separate page containing the text 
of the notice(s).
    8. Upon consideration of comments the Commission agreed that having 
a separate web page for the written notice would avoid consuming too 
much space on the home page in the event that there were multiple 
applications pending. In recognition of comments that point out that 
the design of websites can vary widely among broadcasters, the 
Commission decided it would not dictate the exact placement of the link 
or the tab on the home page of the website. Several comments pointed 
out that what may be optimal placement of a link or tab on one 
station's website may be inappropriate on another's. The Commission 
thus disagreed with certain commenters that ``conspicuous'' display of 
such a link or tab on a station's home page requires that it must be 
placed at the top of the station's home page. Other Commission rules 
mandating links on broadcaster websites do not impose such specific 
placement, but instead only require that the link be on the home page. 
See, e.g., 47 CFR 73.3526(b)(2)(ii); 47 CFR 73.1216(c)(1). Therefore, 
the Commission will require, as with the contest rules (47 CFR 
73.1216), that the link or tab must be conspicuously displayed on the 
station's home page, and further defined ``conspicuous,'' as it has in 
other contexts, to mean that the link or tab must be displayed in such 
size, color, contrast, and/or location on the home page that it is 
readily readable, understandable, and locatable by visitors to that 
page, and thus may be quickly found among other web content.\1\ Thus, 
online public notice on an applicant-affiliated website shall require a 
tab or link, conspicuously and appropriately labeled, on the website 
home page, which links to a permanent, dedicated page containing only 
required online local public notice(s). To the extent that there are no 
pending applications requiring online public notice, the link or tab 
should link to a page indicating that there are no pending applications 
subject to the posting requirement. The page must indicate when it was 
last updated.
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    \1\ As the Commission stated when adopting an online posting 
requirement for station contest rules, ``the burden is on the 
broadcaster to inform the public, not on the public to discern the 
message.'' Amendment of Section 73.1216 of the Commission's Rules 
Related to Broadcast Licensee-Conducted Contests, Report and Order, 
30 FCC Rcd 10468, 10474, para. 12 (2015), 81 FR 7477 (Feb. 12, 
2016).
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    9. Online notice texts. The Commission adopted its proposed online 
notice texts, with slight modification to bring the online text more in 
line with the proposed on-air announcement, which contains a reference 
directed to consumers wishing to obtain information regarding filing 
comments or petitions on the application, with a concomitant plan to 
provide links on the OPIF and LMS landing pages to information 
concerning how members of the public can comment on pending 
applications. The Commission adopted the following texts for online 
local public notices. For authorized stations (with a granted 
construction permit or license):

    On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION 
CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, 
FOR INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S 
TRANSMISSION FACILITIES ARE LOCATED], filed an application with the 
Federal Communications Commission for [TYPE OF APPLICATION]. Members 
of the public wishing to view this application or obtain information 
about how to file comments and petitions on the application can 
visit [INSERT HYPERLINK TO APPLICATION LINK IN APPLICANT'S ONLINE 
PUBLIC INSPECTION FILE (OPIF) OR, IF THE STATION HAS NO OPIF, TO 
APPLICATION LOCATION IN THE MEDIA BUREAU'S LICENSING AND MANAGEMENT 
SYSTEM; IF AN INTERNATIONAL BROADCAST STATION, TO APPLICATION 
LOCATION IN THE INTERNATIONAL BUREAU'S MYIBFS DATABASE].
    ``Type of Application,'' in online notices, should be a brief 
but complete statement of the purpose of the application, for 
example: ``for renewal of its broadcast license''; ``to assign its 
broadcast license to X Broadcasting Corporation''; ``to change its 
community of license from Florin to Guilder, Michigan.'' For 
proposed stations that have not been authorized, the Commission 
adopted the following text:
    On [DATE], [APPLICANT NAME], [APPLICANT FOR] [A NEW (STATION 
TYPE) STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF

[[Page 36789]]

LICENSE OR, FOR INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE 
THE STATION'S TRANSMISSION FACILITIES ARE TO BE LOCATED], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application 
or obtain information about how to file comments and petitions on 
the application can visit [INSERT HYPERLINK TO APPLICATION LOCATION 
IN THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN 
INTERNATIONAL BROADCAST STATION, TO APPLICATION LOCATION IN THE 
INTERNATIONAL BUREAU'S MYIBFS DATABASE].
    Examples of ``Station Type'' in online notices would be, 
``television,'' ``radio,'' ``low power television,'' ``low-power 
FM,'' ``Class A television,'' or ``FM translator.''

    10. Duration of posting for online notice. The Commission adopted 
its proposal to require 30-day continuous posting of online local 
public notice, to commence no earlier than the date a public notice of 
application acceptance is released, and no later than five business 
days after public notice of acceptance is released. It modified the 
initial proposal to provide for commencement of posting no later than 
five business days rather than five calendar days after release of 
notice of acceptance, so that posting will take place within a 
reasonable amount of time after public notice of acceptance, but will 
not require posting to commence on a weekend or holiday. The Commission 
found that this requirement will afford sufficient time for composition 
and coding of the required online notice, or in some cases time to 
locate a suitable third-party website.
    11. NCE online requirements. The Commission upheld its existing 
practice of allowing NCE stations to fulfill their local notice 
requirements solely through on-air announcements, where possible. Given 
that operating NCE stations are currently exempt from publishing local 
public notice in newspapers, and that due to the nonprofit nature of 
such stations they are exempted from other requirements such as the 
payment of application filing fees, the Commission saw no reason to 
impose even the minimal costs of the online notice requirement on such 
stations. Accordingly, NCE stations are exempted from the requirement 
to post online notice of applications, unless they are not broadcasting 
during the part of the year when on-air announcements are required, as 
discussed below. The Commission further adopted its proposal that 
applicants for initial construction permits for new NCE broadcast 
stations comply only with the online notice requirements, as they are 
unable to broadcast on-air announcements. Finally, the Commission 
adopted its proposal to eliminate the provision in paragraph (e) of 
current Sec.  73.3580(e) exempting ``the only operating station in its 
broadcast service which is located in the community involved'' from 
having to provide written notice.
    12. Silent stations. The Commission adopted its FNPRM proposal that 
any station required to make on-air announcements that is not 
broadcasting during all or a portion of the period during which the on-
air announcements are required to be broadcast must comply with the 
online notice requirements during the time period it is not 
broadcasting. A station required to provide both online notice and on-
air announcements, for example, a commercial assignment or transfer 
applicant, would be expected to provide online notice for the entire 
30-day period notwithstanding whether it was currently broadcasting. 
The Commission further adopted its proposal that if such a station 
returns to the air during the period that on-air announcements are 
required, the station must resume on-air announcements.
    13. Authorizations pursuant to 47 U.S.C. 325(c). The Commission 
adopted its FNPRM proposal to require applicants for authorization 
under 47 U.S.C. 325(c), for a permit to deliver programs to a foreign 
broadcast station for re-broadcast into the United States, to provide 
online notice only, rather than newspaper publication, with the online 
notice posted on a website locally targeted to the principal area to be 
served in the United States by the foreign broadcast station. Section 
325(c) applicants propose to locate, use, or maintain a studio 
supplying programming to a foreign broadcast station whose signals are 
consistently received in the United States. The Commission adopted this 
rule as proposed in the FNPRM, along with the notice text proposed, 
except adding the language, adopted for online notice of broadcast 
applications, indicating that the public can obtain information 
regarding how to comment on applications in IBFS, and further retaining 
the current requirement that the notice include a description of the 
programs to be transmitted over the station. The Commission found that 
it would serve the public interest to retain the current requirement 
that the notice include a description of the programs to be transmitted 
over the station. See current 47 CFR 73.3580(f)(8). The nature of the 
programming is a key component of a section 325 (c) permit and the 
Commission's public interest analysis. Such programming usually targets 
a specific segment or sub-set of population residing in the principal 
area to be served in the United States. Accordingly, providing a 
description of the programs to be transmitted over a foreign station 
would ensure that the relevant population is targeted for local public 
notice for purposes of these section 325(c) authorizations. The 
Commission also proposed to retain the exemption from local public 
notice for stations applying for section 325(c) authorization for 
special event programming only and, having received no comment, adopted 
it as proposed. The online notice text for stations applying for 
section 325(c) authorization will be as follows:

    On [DATE], [APPLICANT NAME] filed an application with the 
Federal Communications Commission for a permit to deliver programs 
to foreign station [FOREIGN STATION CALL SIGN], [FOREIGN STATION 
FREQUENCY], [FOREIGN STATION COMMUNITY OF LICENSE]. [DESCRIPTION OF 
THE PROGRAMS TO BE TRANSMITTED OVER THE STATION]. Members of the 
public wishing to view this application or obtain information about 
how to file comments and petitions on the application can visit 
[INSERT HYPERLINK TO APPLICATION LOCATION IN THE INTERNATIONAL 
BUREAU MYIBFS DATABASE].

    14. Streamlining content of on-air announcements. The Commission 
adopted, with some modifications, its FNPRM proposals for on-air 
announcements. It adopted its proposed streamlined script, which 
directs viewers and listeners to the application in OPIF or Commission 
databases; it further adopted its proposal to allow broadcasters to air 
public notice announcements at any time from 7 a.m. to 11 p.m. local 
time, Monday through Friday; and it increased the number of proposed 
on-air announcements from four to six, at least once per week for four 
consecutive weeks, with no more than one announcement per day nor more 
than two per week.
    15. Number of Announcements. For all applicants required to provide 
on-air notice, the Commission amended its original proposal of four on-
air announcements over a four-week period, to now require a total of 
six on-air announcements, to be aired at least once per week, for four 
consecutive weeks, commencing no later than five business days after 
release of the Commission public notice announcing that the application 
was accepted for filing. On-air announcements aired in the same week 
shall not air on the same day, and no more than two on-air

[[Page 36790]]

announcements shall air in the same week. The Commission also adopted 
its proposal to eliminate all pre-filing announcements.
    16. Start of Notice Period. The Commission also modified its FNPRM 
proposal regarding commencement of the notice period for on-air 
announcements. The notice period will commence no later than five 
business days after release of the Commission's public notice accepting 
filing of the application. Although some commenters believed the notice 
period should commence upon application filing, the time period for 
filing petitions to deny commences on the date of acceptance, and the 
time period between application filing and acceptance may in some 
instances be substantially delayed. The public would therefore not 
benefit from public notice given prior to the date commencing the 
period for filing comments and petitions. The Commission did change the 
commencement of the notice period from no more than five calendar days 
to no more than five business days following release of notice of 
acceptance, in order to be more consistent with the rule for online 
notice, and also because on-air announcements will not be made on 
weekends.
    17. Timing of on-air announcements. As proposed in the FNPRM, the 
Commission modified Sec.  73.3580(d) to permit on-air announcements for 
all applicants, services, and application types to air at any time from 
7:00 a.m. to 11:00 p.m. local time at the community of license, from 
Monday through Friday. This will bring uniformity to the current rule, 
under which applicants must air announcements during varying time 
windows based on applicant, application, and service type.
    18. On-air announcement scripts. The Commission adopted the on-air 
announcement scripts as proposed in the FNPRM, with one minor change as 
set forth below. Additionally, program crawls containing on-air 
announcement text will not be required, but the Commission adopted its 
proposal to require that the entire text of the on-air announcement for 
television stations be displayed on screen while being read by an 
announcer. The on-air announcement scripts are as follows:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION].\2\ Members of the public wishing to view this 
application or obtain information about how to file comments and 
petitions on the application can visit publicfiles.fcc.gov and 
search in [STATION CALL SIGN'S] public file.
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    \2\ The Commission also adopted the short description of ``type 
of application'' as proposed in the FNPRM. See FNPRM, 34 FCC Rcd at 
9266 n.94.
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    For stations without an OPIF:
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application 
or obtain information about how to file comments and petitions can 
visit www.fcc.gov/stationsearch, and search in the list of [STATION 
CALL SIGN'S] filed applications.

    19. In the FNPRM, the Commission requested comment as to whether it 
should require additional language in on-air announcement scripts 
regarding requests to waive Commission rules and the nature of the 
waiver sought. It concluded that adopting waiver-specific language in 
the on-air script is not warranted. Rather, Commission-generated public 
notices of assignment and transfer application filings and actions in 
the Media Bureau LMS database will henceforth indicate whether the 
applicant has indicated that it is seeking a media ownership waiver. 
Because the on-air scripts and online notices will direct viewers and 
listeners to applicants' online public inspection files or 
applications, which include the specific waiver sought, the Commission 
believed it is not necessary for applicants to give further notice of a 
waiver request, whether on-air or online. The Commission also adopted 
its FNPRM proposal to require television broadcasters to display on 
screen the full text of the on-air announcement during the verbal 
broadcast of the announcement. It believed the public interest will be 
enhanced by requiring television broadcasters to display the text of 
the new, abbreviated on-air script, and that benefit outweighs any 
minimal burden this requirement will impose. Visual text beyond the 
announcement will not be required, nor will television text crawls 
containing the text of the on-air notice. Because crawls are most often 
used to deliver urgent and, in some cases, emergency information to 
viewers, use of text crawls for local public notice will at best 
confuse viewers, and at worst their overuse might result in viewers 
ignoring text crawls that convey information vital to public safety.
    20. Channel Sharing and Multicasting. The Commission clarified that 
each television station in a channel sharing arrangement must broadcast 
appropriate on-air announcements on its program stream. Under a 
channel-sharing arrangement, the Commission has stated that each 
licensee has an independent obligation to comply with all pertinent 
statutory requirements and our rules. Thus, under our current rules, 
each separately licensed station engaged in a channel sharing 
arrangement must broadcast any on-air announcements required of it on 
its program stream. Radio or television stations may also engage in 
multicasting, which involves transmission of multiple streams of 
programming by a single licensee. For such multicasting stations, the 
Commission interpreted 47 U.S.C. 311 and its rules to require on-air 
notice only on the digital TV or digital radio station's primary over-
the-air programming stream as defined in 47 CFR 73.403(a) and 
73.624(b). Section 311 provides that an ``applicant'' must ``give 
notice'' of the filing of a covered application in the principal area 
served. Nothing in section 311 or elsewhere in the Act requires that 
notice be provided over each and every individual stream broadcast by 
the applicant. The Commission believed that on-air notice provided over 
the primary stream, which is the stream with the most viewers or 
listeners, is sufficient to meet the goal of section 311 to inform the 
public.
    21. International broadcast station applications. The Commission 
adopted its FNPRM proposal to require international broadcast stations, 
governed by subpart F of part 73 of the Commission's rules, to give 
local public notice by publishing notice of the application on a 
website that targets the local community in which the international 
broadcast station's transmission facilities are located or are proposed 
to be located (e.g., local government internet website, local community 
bulletin board internet website). The Commission agreed with the only 
commenter to address this issue that residents of the area in which an 
international broadcast station's transmitter is located are not 
listeners of that station, which is designed to be heard by the general 
public in foreign countries, and thus are not likely to seek out the 
station's web page. The Commission therefore adopted a rule requiring 
international broadcast stations to give online notice on a website 
that is locally targeted to the community where the station's

[[Page 36791]]

transmission facilities are located as defined in paragraph 7, above.
    22. Other provisions and rules. Having received no opposition in 
the comments, the Commission adopted the following proposals as set 
forth in the FNPRM:

    (a) Retention of the categories of applicants, broadcast 
services, and application types for which local public notice is not 
required, as currently listed in 47 CFR 73.3580(a)(1)-(7).
    (b) Retention of the requirement that applicants certify in any 
application for which public notice is required that they will 
comply with the applicable requirements of the local public notice 
rule;
    (c) Retention of the requirement that those license renewal 
applicants that are obliged to provide public notice only through 
on-air announcements must add to their OPIF the list of dates and 
times the required on-air announcements were broadcast;
    (d) Elimination of the requirement that the on-air license 
renewal announcement script be added to an applicant's OPIF, due to 
the use of mandatory language contained in the new rules; and
    (e) Clarification that low-power FM (LPFM) stations will 
continue to have the same local public notice obligations as other 
NCE radio stations, i.e., on-air announcements only, except when the 
station is unbuilt, off the air, or silent. Concerning this last 
proposal, for the sake of clarity, the Commission directed that 47 
CFR 73.3580 of the rules should be added to the list of rules 
applicable to LPFM stations set forth in 47 CFR 73.801. Cross-
referencing Sec.  73.3580 in Sec.  73.801 will eliminate any 
confusion regarding the obligations of LPFM stations. The Commission 
thus amends 47 CFR 73.801 accordingly.

    23. The Commission further adopted its proposal to apply the same 
updated public notice requirements to public notice of hearing 
designation orders under 47 CFR 73.3594, and to eliminate the public 
notice requirement for the withdrawal of an application pursuant to an 
agreement to resolve mutual exclusivity under 47 CFR 73.3525. Although 
one commenter suggested some modifications to the proposed notice in 47 
CFR 73.3594, the Commission concluded that the notice provisions as 
proposed in the FNPRM, including both on-air announcements and online 
notice, will suffice to advise the public of the particulars of a 
hearing designation order, and will give consumers ample opportunity to 
investigate those issues themselves. The on-air announcement text is as 
follows:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application 
for an evidentiary hearing on certain issues. Members of the public 
wishing to view the Hearing Designation Order and list of issues can 
visit [URL OF INTERNET WEBSITE MAINTAINED BY THE STATION, THE 
LICENSEE/PERMITTEE, OR THE LICENSEE/PERMITTEE'S PARENT ENTITY, OR 
OTHER PUBLICLY ACCESSIBLE WEBSITE], and click the link in the 
``Hearing Designation Order'' notice.

    The online notice text is as follows:

HEARING DESIGNATION ORDER

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application 
for an evidentiary hearing on the following issues: [LIST OF ISSUES 
IN THE HEARING AS LISTED IN THE FCC's ORDER OR SUMMARY OF 
DESIGNATION FOR HEARING]. Members of the public wishing to view the 
Hearing Designation Order or to file comments can visit [INSERT 
HYPERLINK TO THE HEARING DESIGNATION ORDER, ORDER TO SHOW CAUSE, OR 
OTHER ORDER DESIGNATING THE APPLICATION FOR HEARING, ON THE FCC's 
INTERNET WEBSITE].

    Provisions for on-air announcement commencement and frequency of 
announcement, times when announcements are to be made, language of 
broadcasts, and text to be displayed visually are the same as with on-
air announcements set forth herein. Provisions for online announcement 
sites for posting, times for commencement of posting and duration of 
posting are likewise the same as for online announcements set forth 
herein.

Procedural Matters

    24. Regulatory Flexibility Analysis. As required by the Regulatory 
Flexibility Act of 1980, as amended (RFA), 5 U.S.C. 603, an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice 
of Proposed Rulemaking (NPRM) and the Further Notice of Proposed 
Rulemaking (FNPRM) to this proceeding, and the Notice of Proposed 
Rulemaking in MB Docket No. 05-6, 70 FR 37728 (June 30, 2005). The 
Commission sought written public comment on the proposals in the FNPRM, 
including comment on the IRFA. The Commission received no comments on 
the IRFA. This Final Regulatory Flexibility Analysis (FRFA) conforms to 
the RFA. See 5 U.S.C. 604.
    25. Need for, and Objectives of, the Second R&O. This Second Report 
and Order (Second R&O) adopted several rule changes that are intended 
(a) to clarify and simplify the rules and procedures to be followed by 
certain applicants for broadcast authorizations in order to give local 
public notice of those applications; and (b) to give local public 
notice of the designation of certain applications for evidentiary 
hearing. The Commission replaced the current rules (see generally 47 
CFR 73.3580, 73.3594), which had been characterized as being difficult 
to follow, and which contain varying local public notice requirements 
based on the type of application and the type of station to which the 
application pertains. The rules adopted in the Second R&O constitute a 
more uniform, and thus more convenient, set of procedures for providing 
notice through on-air announcements and by online posting of links to 
applications, rather than publication in local newspapers. 
Additionally, by eliminating the need to publish some public notices in 
local newspapers and allowing a broadcaster instead to post notices on 
its website or an affiliated website, the new rules eliminate a 
substantial expense currently borne by broadcasters. The Commission 
also eliminated the current rule requiring public notice of the 
withdrawal of an application pursuant to an agreement with another 
applicant to resolve mutual exclusivity. 47 CFR 73.3525(b). 
Additionally, the Commission amended certain other rules to the extent 
that they reference the substantive rule changes.
    26. Summary of Significant Issues Raised by Public Comments in 
Response to the IRFA. There were no comments to the IRFA filed.
    27. Response to Comments by the Chief Counsel for Advocacy of the 
Small Business Administration. Pursuant to the Small Business Jobs Act 
of 2010, which amended the RFA, the Commission is required to respond 
to any comments filed by the Chief Counsel for Advocacy of the Small 
Business Administration (SBA), and to provide a detailed statement of 
any change made to the proposed rules as a result of those comments. 5 
U.S.C. 604(a)(3). The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.
    28. 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. 5 U.S.C. 603(b)(3). The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' Id. 
section 601(6). In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small

[[Page 36792]]

Business Act. Id. section 601(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. Id. section 632.
    29. The rule changes adopted herein will directly affect small 
television and radio broadcast stations. Below, we provide a 
description of these small entities, as well as an estimate of the 
number of such small entities, where feasible.
    30. 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 $41.5 million or less in annual receipts. 13 CFR 121.201; 
2012 NAICS Code 515120. The 2012 Economic Census reports that 751 firms 
in this category operated in that year. Of this number, 656 had annual 
receipts of $25 million or less, 25 had annual receipts between $25 
million and $49,999,999, and 70 had annual receipts of $50 million or 
more. U.S. Census Bureau, Table No. EC1251SSSZ4, Information: Subject 
Series--Establishment and Firm Size: Receipts Size of Firms for the 
United States: 2012 (515120 Television Broadcasting). Based on this 
data the Commission therefore estimated that the majority of commercial 
television broadcasters are small entities under the applicable SBA 
size standard.
    31. The Commission has estimated the number of licensed commercial 
television stations to be 1,374. Broadcast Station Totals as of 
December 31, 2019, FCC News Release (rel. Jan. 3, 2020) (Broadcast 
Station Totals). Of this total, 1,261 stations had revenues of $41.5 
million or less, according to Commission staff review of the BIA Kelsey 
Inc. Media Access Pro Television Database (BIA) on March 6, 2020, and 
therefore these licensees qualify as small entities under the SBA 
definition. In addition, the Commission has estimated the number of 
licensed noncommercial educational (NCE) television stations to be 388. 
Id. The Commission, however, does not compile and otherwise does not 
have access to information on the revenue of NCE stations that would 
permit it to determine how many such stations would qualify as small 
entities.
    32. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. 13 CFR 21.103(a)(1). 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 rules may apply does not exclude any television 
station from the definition of a small business on this basis and is 
therefore possibly over-inclusive.
    33. There are also 387 Class A stations. See Broadcast Station 
Totals. Given the nature of these services, including their limited 
ability to cover the same size geographic areas as full power stations, 
thus restricting their ability to generate similar levels of revenue, 
we will presume that these licensees qualify as small entities under 
the SBA definition. In addition, there are 1,897 low-power television 
(LPTV) stations and 3,648 TV translator stations. Given the nature of 
these services as secondary and in some cases purely a ``fill-in'' 
service, we will presume that all of these entities qualify as small 
entities under the above SBA small business size standard.
    34. Radio Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' U.S. Census Bureau, 2012 NAICS Definitions, 
``515112 Radio Stations.'' The SBA has created the following small 
business size standard for this category: Those having $41.5 million or 
less in annual receipts. 13 CFR 121.201; NAICS code 515112. Census data 
for 2012 show that 2,849 firms in this category operated in that year. 
U.S. Census Bureau, Table No. EC0751SSSZ4, Information: Subject 
Series--Establishment and Firm Size: Receipts Size of Firms for the 
United States: 2012 (515112). Of this number, 2,806 firms had annual 
receipts of less than $25 million, and 43 firms had annual receipts of 
$25 million or more. Id. Because the Census has no additional 
classifications that could serve as a basis for determining the number 
of stations whose receipts exceeded $41.5 million in that year, we 
conclude that the majority of radio broadcast stations were small 
entities under the applicable SBA size standard.
    35. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM radio stations to be 4,389 and the 
number of commercial FM radio stations to be 6,772 for a total number 
of 11,161, along with 8,182 FM translator and booster stations. See 
Broadcast Station Totals. As of March 2020, 4,389 a.m. stations and 
6,767 FM stations had revenues of $41.5 million or less, according to 
Commission staff review of the BIA Kelsey Inc. Media Access Pro 
Television Database (BIA). In addition, the Commission has estimated 
the number of noncommercial educational FM radio stations to be 4,135. 
Id. NCE stations are non-profit, and therefore considered to be small 
entities. 5 U.S.C. 601(4), (6). Therefore, we estimate that the 
majority of radio broadcast stations are small entities.
    36. Low Power FM Stations. The same SBA definition that applies to 
radio stations applies to low power FM stations. As noted, the SBA has 
created the following small business size standard for this category: 
Those having $41.5 million or less in annual receipts. 13 CFR 121.201, 
NAICS Code 515112. While the U.S. Census provides no specific data for 
these stations, the Commission has estimated the number of licensed low 
power FM stations to be 2,169. See Broadcast Station Totals. Given the 
fact that low power FM stations may only be licensed to not-for-profit 
organizations or institutions that must be based in their community and 
are typically small, volunteer-run groups, we will presume that these 
licensees qualify as small entities under the SBA definition.
    37. We note again, however, that in assessing whether a business 
concern qualifies as ``small'' under the above definition, business 
(control) affiliations must be included. 13 CFR 21.103(a)(1). 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

[[Page 36793]]

of small radio stations potentially affected by the rule revisions 
discussed in the NPRM includes those that could be dominant in their 
field of operation. For this reason, such estimate likely is over-
inclusive.
    38. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. In this section, we identify the reporting, 
recordkeeping, and other compliance requirements adopted in the Second 
R&O, and consider whether small entities are affected 
disproportionately by any such requirements.
    39. Reporting Requirements. The Second R&O does not adopt reporting 
requirements.
    40. Recordkeeping Requirements. The Second R&O adopts recordkeeping 
requirements insofar as it amends 47 CFR 73.3526(e) and 73.3527(e) to 
reflect the nature of the proposed new on-air announcement requirements 
for which licensees must certify compliance and retain the 
certification in the online public inspection file (OPIF). The new 
requirements are no more extensive than the current certification and 
retention requirements, and in fact are less onerous in that there are 
fewer announcements requiring certification, and OPIF is online rather 
than a physical file. Thus, the impact on small entities will be no 
greater than it is currently, and in most cases the new rules will be 
less burdensome.
    41. Steps Taken to Minimize Significant 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. 5 U.S.C. 603(c)(1)-(c)(4).
    42. The Second R&O amends 47 CFR 73.3580 to reorganize, simplify, 
and clarify broadcasters' public notice obligations when filing certain 
applications, such as license renewal applications and applications to 
assign or transfer broadcast authorizations. In addition to 
streamlining and making uniform the requirement of some stations to 
provide public notice through on-air announcements, the Second R&O 
requires public notice of the filing of certain broadcast applications 
through online postings on the internet, instead of publishing such 
notice in a newspaper. These proposals will reduce burdens on all 
broadcast applicants, including small entities, when meeting their 
obligation to notify the public of pending or prospective applications, 
while improving the public's access to information enabling it to 
participate in the licensing process. The majority of commenters agreed 
that permitting public notice through the internet would be less costly 
and administratively burdensome than the existing requirement of 
newspaper publication, and thus the new rule will provide a less 
burdensome compliance option for all applicants, including small 
entities. With regard to just one category of applicants, those 
applying for consent to assign a broadcast authorization or to transfer 
control of the entity holding a broadcast authorization, the Commission 
has estimated that there are 4,020 annual applicants, each of which 
must publish public notice in a local newspaper four times at a cost of 
$113.25 per publication, for a total annual burden of $1,820,256, for 
applicants in this category alone. See Notice of Office of Management 
and Budget Action, ICR Ref. No. 201905-3060-002, ``No Material or 
Nonsubstantive Change to a Currently Approved Collection'' (for 
Application for Consent to Assignment or Transfer of Broadcast 
Authorizations, OMB Control No. 3060-0031) (rel. May 16, 2019), 
``Supporting Statement'' at 7. Given that the majority of online 
notices will be posted on applicant-affiliated websites, which are 
typically maintained by in-house staff and do not involve materials 
such as paper or ink, the cost of online notice should be minimal. 
Thus, replacing newspaper publication with online notices can result in 
considerable cost savings to broadcasters and broadcast applicants.
    43. Any changes to the rules originally proposed in this proceeding 
are based on commenter suggestions, and do not significantly increase 
burdens on applicants vis-[agrave]-vis the current rules. For example, 
the Commission originally proposed that certain applicants be required 
to make four on-air announcements once per week over a four-week 
period; the adopted rule, suggested by commenters, requires six 
announcements, at least once per week over a four-week period. Under 
the current rules applicants for license renewal, which includes all 
licensees once every eight years, must make a minimum of ten on-air 
announcements. Thus, even with the modest increase over the proposed 
number of on-air announcements, the overall burden on applicants has 
been decreased, especially considering that on-air announcements under 
the rule adopted in the Second R&O are shorter and more uniform than 
those under the rules being replaced. Similarly, based on comments the 
Commission modified the proposed online notice rule to allow stations 
to post online notice on a separate page rather than on their home 
page, with a conspicuous tab or link to the separate page on the home 
page to facilitate the public's access to the information. This 
modification was designed to save space on broadcasters' websites while 
making links more accessible to the public. Again, the modified rules 
still represent a substantial burden decrease to broadcasters compared 
to the rules being replaced.
    44. Report to Congress. The Commission will send a copy of this 
Second R&O, including this FRFA, in a report to Congress and the 
Government Accountability Office pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. See 5 U.S.C. 801(a)(1)(A). 
In addition, the Commission will send a copy of the Second R&O, 
including the FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. A copy of the Second R&O and FRFA (or 
summaries thereof) will also be published in the Federal Register. See 
id. section 604(b).
    45. Paperwork Reduction Act. This Second R&O contains new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. The requirements will 
be submitted to the Office of Management and Budget (OMB) for review 
under section 3507(d) of the PRA. OMB, the general public, and other 
Federal agencies will be invited to comment on the new or modified 
information collection requirements contained in this proceeding. In 
addition, we note that pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
previously sought specific comment on how the Commission might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.
    46. In this Second R&O, we adopt modified rules for applicants 
required to provide local public notice of application filings and 
other notices. We have assessed the effects of the new rules on small 
business concerns. We find that the streamlined rules and

[[Page 36794]]

procedures adopted here will minimize the information collection burden 
on affected applicants, permittees, and licensees, including small 
businesses.
    47. Congressional Review Act. The Commission has determined, and 
the Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission will send a copy of this Second R&O to Congress and the 
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A). The 
Commission will send a copy of this Second R&O to Congress and the 
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    48. It is ordered that, pursuant to the authority contained in 
sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and 319 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 
301, 303, 307, 308, 309, 316, and 319, this Second Report and Order is 
adopted and will become effective 30 days after publication in the 
Federal Register.
    49. It is further ordered that part 73 of the Commission's Rules is 
amended as set forth in the Final Rules to the Second Report and Order, 
and the rule change to Sec.  73.801 adopted herein will become 
effective 30 days after the date of publication in the Federal 
Register.
    50. It is further ordered that part 73 of the Commission's Rules is 
amended as set forth in the Final Rules, and the rule changes to 
Sec. Sec.  73.3525, 73.3526, 73.3527, 73.3571, 73.3573, 73.3580, and 
73.3594 adopted herein, which contain new or modified information 
collection requirements that require approval by the Office of 
Management and Budget under the Paperwork Reduction Act, will become 
effective on the date specified in a document published in the Federal 
Register announcing such approval.
    51. It is further ordered that, should no petitions for 
reconsideration or petitions for judicial review be timely filed, MB 
Docket Nos. 05-6 and 17-264 shall be terminated, and their dockets 
closed.
    52. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Second Report and Order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    53. It is further ordered that the Commission shall send a copy of 
this Second 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).

List of Subjects in 47 CFR Part 73

    Cable television, Civil defense, Communications equipment, Defense 
communications, Education, Equal employment opportunity, Foreign 
relations, Mexico, Political candidates, Radio, Reporting and 
recordkeeping requirements, Satellites, Television.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends of 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, 155, 301, 303, 307, 309, 310, 334, 
336, 339.


0
2. Amend Sec.  73.801 by adding ``Section 73.3580'' in numeric order to 
read as follows:


Sec.  73.801   Broadcast regulations applicable to LPFM stations.

* * * * *
    Section 73.3580 Local public notice of filing of broadcast 
applications.
* * * * *


Sec.  73.3525  [Amended]

0
3. Amend Sec.  73.3525 by:
0
a. Removing paragraph (b) and redesignating paragraphs (c) through (l) 
as paragraphs (b) through (k).
0
b. In newly redesignated paragraph (k), removing ``Sec. Sec.  1.2105(c) 
and 73.5002 of this section'' and add in its place ``Sec. Sec.  
1.2105(c) of this chapter and 73.5002.''

0
4. Amend Sec.  73.3526 by revising paragraph (e)(13) to read as 
follows:


Sec.  73.3526   Local public inspection file of commercial stations.

* * * * *
    (e) * * *
    (13) Local public notice announcements. Each applicant for renewal 
of license shall, within 7 days of the last day of broadcast of the 
local public notice of filing announcements required pursuant to Sec.  
73.3580(c)(3), place in the station's online public inspection file a 
statement certifying compliance with this paragraph (e)(13). The dates 
and times that the on-air announcements were broadcast shall be made 
part of the certifying statement. The certifying statement shall be 
retained in the public file for the period specified in Sec.  
73.3580(e)(2) (for as long as the application to which it refers).
* * * * *

0
5. Amend Sec.  73.3527 by revising paragraph (e)(10) to read as 
follows:


Sec.  73.3527   Local public inspection file of noncommercial 
educational stations.

* * * * *
    (e) * * *
    (10) Local public notice announcements. Each applicant for renewal 
of license shall, within 7 days of the last day of broadcast of the 
local public notice of filing announcements required pursuant to Sec.  
73.3580(c)(3), place in the station's online public inspection file a 
statement certifying compliance with this paragraph (e)(10). The dates 
and times that the on-air announcements were broadcast shall be made 
part of the certifying statement. The certifying statement shall be 
retained in the public file for the period specified in Sec.  
73.3580(e)(2) (for as long as the application to which it refers).
* * * * *

0
6. Amend Sec.  73.3571 by revising paragraph (j)(3) to read as follows:


Sec.  73.3571   Processing of AM broadcast station applications.

* * * * *
    (j) * * *
    (3) The applicant must comply with the local public notice 
provisions of Sec.  73.3580(c)(5).
* * * * *

0
7. Amend Sec.  73.3573 by revising paragraph (g)(3) to read as follows:


Sec.  73.3573   Processing FM broadcast station applications.

* * * * *
    (g) * * *
    (3) The applicant must comply with the local public notice 
provisions of Sec.  73.3580(c)(5).
* * * * *

0
8. Revise Sec.  73.3580 to read as follows:


Sec.  73.3580   Local public notice of filing of broadcast 
applications.

    (a) Definitions. The following definitions shall apply to this 
section:
    (1) Acceptance public notice. A Commission public notice announcing 
that an application has been accepted for filing.
    (2) Applicant-affiliated website. (i) Any of the following internet 
websites,

[[Page 36795]]

to the extent they are maintained, in order of priority:
    (A) The applicant station's internet website;
    (B) The applicant's internet website; or
    (C) The applicant's parent entity's internet website.
    (ii) An applicant maintaining or having access to more than one of 
the internet websites in paragraphs (a)(2)(i)(A) through (C) of this 
section shall post a link or tab to a web page containing the online 
notice text on the website with the highest priority.
    (3) Locally originating programming. Programming from a low power 
television (LPTV) or television translator station as defined in Sec.  
74.701(h) of this chapter.
    (4) Major amendment. A major amendment to an application is that 
defined in Sec. Sec.  73.3571(b), 73.3572(c), 73.3573(b), and 73.3578, 
and 74.787(b) of this chapter.
    (5) Publicly accessible website. An internet website:
    (i) That is accessible to members of the public without 
registration or payment requirements, or any other requirement that the 
user provide information, or response to a survey or questionnaire in 
exchange for being able to access information on the website; and
    (ii) That is locally targeted to the area served and/or to be 
served by the applicant station (e.g., local government internet 
website, local community bulletin board internet website, state 
broadcasters' association internet website). For international 
broadcast station applications filed pursuant to Sec.  73.3574, the 
internet website must locally target the community in which the 
International broadcast station's transmission facilities are located 
or are proposed to be located (e.g., local government internet website, 
local community bulletin board internet website).
    (b) Types of public notice. Public notice is required of applicants 
for certain broadcast authorizations in the manner set forth in 
paragraphs (b)(1) and (2) of this section:
    (1) On-air announcement. An applicant shall broadcast on-air 
announcements of the filing of certain applications for authorization, 
if required as set forth in paragraph (c) of this section, over its 
station as follows:
    (i) Content. The on-air announcement shall be in the following 
form:
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application or 
obtain information about how to file comments and petitions on the 
application can visit publicfiles.fcc.gov, and search in [STATION CALL 
SIGN'S] public file.
    An applicant station without an online public inspection file shall 
instead broadcast the following on-air announcement:
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application or 
obtain information about how to file comments and petitions can visit 
www.fcc.gov/stationsearch, and search in the list of [STATION CALL 
SIGN'S] filed applications.
    Television broadcast stations, in presenting on-air announcements, 
must use visuals with the full text of the on-air announcement when 
this information is being orally presented by the announcer.
    (ii) Frequency of broadcast. The applicant shall broadcast the on-
air announcements at least once per week (Monday through Friday) for 
four consecutive weeks, for a total of six (6) broadcasts, with no more 
than two broadcasts in a week. Broadcasts made in the same week shall 
not air on the same day.
    (iii) Commencement of broadcast. The applicant may air the first 
broadcast of the on-air announcement as early as the date of release of 
the acceptance public notice for the application, but not later than 
the fifth business day following release of the acceptance public 
notice for the application.
    (iv) Time of broadcast. The applicant shall broadcast all on-air 
announcements between the hours of 7:00 a.m. and 11:00 p.m. local time 
at the applicant station's community of license, Monday through Friday.
    (v) Language of broadcast. A station broadcasting primarily in a 
foreign language should broadcast the announcements in that language.
    (vi) Silent stations or stations not broadcasting. Any station 
required to broadcast on-air announcements that is not broadcasting 
during all or a portion of the period during which on-air announcements 
are required to be broadcast, including silent stations and 
noncommercial educational broadcast stations that are not scheduled to 
broadcast during the portion of the year during which on-air 
announcements are required to be broadcast, must comply with the 
provisions of paragraph (b)(2) of this section during the time period 
in which it is unable to broadcast required on-air announcements, and 
must broadcast required on-air announcements during the time period it 
is able to do so.
    (2) Online notice. An applicant shall conspicuously post on an 
internet website notice of the filing of certain applications for 
authorization, if required as set forth in paragraph (c) of this 
section, as follows:
    (i) Content. The online notice shall be in the following form:
    On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION CALL 
SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR 
INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S 
TRANSMISSION FACILITIES ARE LOCATED], filed an application with the 
Federal Communications Commission for [TYPE OF APPLICATION]. Members of 
the public wishing to view this application or obtain information about 
how to file comments and petitions on the application can visit [INSERT 
HYPERLINK TO APPLICATION LINK IN APPLICANT'S ONLINE PUBLIC INSPECTION 
FILE (OPIF) OR, IF THE STATION HAS NO OPIF, TO APPLICATION LOCATION IN 
THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL 
BROADCAST STATION, TO APPLICATION LOCATION IN THE INTERNATIONAL 
BUREAU'S MYIBFS DATABASE].
    An applicant for a proposed but not authorized station shall post 
the following online notice:
    On [DATE], [APPLICANT NAME], applicant for [A NEW (STATION TYPE) 
STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR 
INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S 
TRANSMISSION FACILITIES ARE TO BE LOCATED], filed an application with 
the Federal Communications Commission for [TYPE OF APPLICATION]. 
Members of the public wishing to view this application or obtain 
information about how to file comments and petitions on the application 
can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN THE MEDIA 
BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST 
STATION, TO APPLICATION LOCATION IN THE

[[Page 36796]]

INTERNATIONAL BUREAU'S MYIBFS DATABASE].
    An applicant for an authorization under section 325(c) of the 
Communications Act (Studio Delivering Programs to a Foreign Station) 
shall post the following online notice:
    On [DATE], [APPLICANT NAME] filed an application with the Federal 
Communications Commission for a permit to deliver programs to foreign 
station [FOREIGN STATION CALL SIGN], [FOREIGN STATION FREQUENCY], 
[FOREIGN STATION COMMUNITY OF LICENSE]. [DESCRIPTION OF THE PROGRAMS TO 
BE TRANSMITTED OVER THE STATION]. Members of the public wishing to view 
this application or obtain information about how to file comments and 
petitions on the application can visit [INSERT HYPERLINK TO APPLICATION 
LOCATION IN THE INTERNATIONAL BUREAU'S MYIBFS DATABASE].
    (ii) Site. The applicant shall post online notice by posting a 
conspicuous link or tab labeled ``FCC Applications'' on an applicant-
affiliated website, as defined in paragraph (a)(2) of this section. The 
link or tab will link directly to a page containing only the online 
notice text referenced in paragraph (b)(2)(i) of this section. To the 
extent that there are no pending applications requiring online public 
notice, the link or tab should link to a page indicating that there are 
no pending applications subject to the posting requirement. This page 
must include the date when it was last updated. If the applicant does 
not maintain or have access to an applicant-affiliated website, the 
applicant may post the online notice on a publicly accessible website, 
as defined in paragraph (a)(5) of this section. An applicant for an 
authorization under section 325(c) of the Communications Act (Studio 
Delivering Programs to a Foreign Station) shall post online notice on a 
publicly accessible website that is locally targeted to the principal 
area to be served in the United States by the foreign broadcast 
station.
    (iii) Duration of posting. If the online notice is posted on an 
applicant-affiliated website or on a publicly accessible website for 
which the applicant is not required to compensate the website owner in 
exchange for posting the online notice, then the applicant must post 
the online notice for a minimum of 30 consecutive days. If the 
applicant does not maintain an applicant-affiliated website, and the 
applicant is required to compensate a website owner in exchange for 
posting on a publicly accessible website, the applicant must post the 
online notice for a period of not less than 24 consecutive hours, once 
per week (Monday through Friday), for four consecutive weeks.
    (iv) Commencement of posting. The applicant must post the online 
notice no earlier than the date of release of the acceptance public 
notice for the application, and not later than five business days 
following release of the acceptance public notice for the application.
    (c) Applications requiring local public notice. The following 
applications filed by licensees or permittees of the following types of 
stations must provide public notice in the manner set forth in 
paragraphs (c)(1) through (6) of this section:
    (1) Applications for a construction permit for a new station, a 
major amendment thereto, or a major modification to a construction 
permit for a new unbuilt station. (i) For a commercial or noncommercial 
educational full power television; commercial or noncommercial 
educational full-service AM or FM radio station; Class A television 
station; low power television (LPTV) or television translator station; 
low-power FM (LPFM) station; or commercial or noncommercial FM 
translator or FM booster station, the applicant shall give online 
notice.
    (ii) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted 
to the community in which the station's transmission facilities are to 
be located.
    (2) Applications for a major change to the facilities of an 
operating station, or major amendments thereto. (i) For a noncommercial 
educational full power television; noncommercial full-service AM or FM 
radio station; or for an LPFM station, the applicant shall broadcast 
on-air announcements.
    (ii) For a commercial full power television; commercial full-
service AM or FM radio station; or a Class A television station, the 
applicant shall both broadcast on-air announcements and give online 
notice.
    (iii) For an LPTV or television translator station; or an FM 
translator or FM booster station, the applicant shall give online 
notice.
    (iv) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted 
to the community in which the station's transmission facilities are 
located.
    (3) Applications for renewal of license. (i) For a full power 
television; full-service AM or FM radio station; Class A television 
station; LPTV station locally originating programming; or LPFM station, 
the applicant shall broadcast on-air announcements.
    (ii) For an LPTV station that does not locally originate 
programming; or for a TV or FM translator station, the applicant shall 
give online notice.
    (iii) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted 
to the community in which the station's transmission facilities are 
located.
    (4) Applications for assignment or transfer of control of a 
construction permit or license, or major amendments thereto. (i) For a 
noncommercial educational full power television; noncommercial 
educational full-service AM or FM radio station; or an LPFM station, 
the applicant shall broadcast on-air announcements.
    (ii) For a commercial full power television; commercial full-
service AM or FM radio station; Class A television station; or an LPTV 
station that locally originates programming, the applicant shall both 
broadcast on-air announcements and give online notice.
    (iii) For an LPTV station that does not locally originate 
programming, or a TV or FM translator station, the applicant shall give 
online notice.
    (iv) For an international broadcast station, the applicant shall 
give online notice on a publicly accessible website, locally targeted 
to the community in which the station's transmission facilities are 
located.
    (v) For any application for assignment or transfer of control of a 
construction permit or license, for a station that is not operating, 
the applicant shall give online notice.
    (5) Applications for a minor modification to change a station's 
community of license, or major amendments thereto. (i) For a 
noncommercial educational full-service AM or FM radio station, the 
applicant shall broadcast on-air announcements.
    (ii) For a commercial full-service AM or FM radio station, the 
applicant shall both broadcast on-air announcements and give online 
notice. In addition to the online notice set forth in paragraph (b)(2) 
of this section locally targeted to the applicant station's current 
community of license, the applicant shall also give online notice on a 
publicly accessible website locally targeted to the community that the 
applicant proposes to designate as its new community of license, for 
the same time periods and in the same manner as set forth in paragraph 
(b)(2) of this section.
    (6) Applications for a permit pursuant to section 325(c) of the 
Communications

[[Page 36797]]

Act (studio delivering programming to a foreign station). The applicant 
shall give online notice.
    (d) Applications for which local public notice is not required. The 
following types of applications are not subject to the local public 
notice provisions of this section:
    (1) A minor change in the facilities of an authorized station, as 
indicated in Sec. Sec.  73.3571, 73.3572, 73.3573, and 73.3574, and 
74.787(b) of this chapter, except a minor change to designate a 
different community of license for an AM or FM radio broadcast station, 
pursuant to the provisions of Sec. Sec.  73.3571(j) and 73.3573(g).
    (2) Consent to an involuntary assignment or transfer or to a 
voluntary assignment or transfer which does not result in a change of 
control and which may be applied for on FCC Form 316, or any successor 
form released in the future, pursuant to the provisions of Sec.  
73.3540(b).
    (3) A license under section 319(c) of the Communications Act or, 
pending application for or grant of such license, any special or 
temporary authorization to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as would be authorized by such license.
    (4) Extension of time to complete construction of authorized 
facilities.
    (5) An authorization of facilities for remote pickup or studio 
links for use in the operation of a broadcast station.
    (6) Authorization pursuant to section 325(c) of the Communications 
Act (Studio Delivering Programs to a Foreign Station) where the 
programs to be transmitted are special events not of a continuing 
nature.
    (7) An authorization under any of the proviso clauses of section 
308(a) of the Communications Act concerning applications for and 
conditions in licenses.
    (e) Certification of local public notice. (1) The applicant must 
certify in the appropriate application that it will comply with the 
public notice requirements set forth in paragraph (c) of this section.
    (2) An applicant for renewal of a license that is required to 
maintain an online public inspection file shall, within seven (7) days 
of the last day of broadcast of the required on-air announcements, 
place in its online public inspection file a statement certifying 
compliance with this section, along with the dates and times that the 
on-air announcements were broadcast. An applicant for renewal of a 
license that is required to maintain an online public inspection file, 
and that is not broadcasting during all or a portion of the period 
during which on-air announcements are required to be broadcast, as set 
forth in paragraph (b)(1)(v) of this section, shall, within seven (7) 
days of the last on-air announcement or last day of posting online 
notice, whichever occurs last, place in its online public inspection 
file a statement certifying compliance with this section, along with 
the dates and times that any on-air announcements were broadcast, along 
with the dates and times that online notice was posted and the 
Universal Resource Locator (URL) of the internet website on which 
online notice was posted. This certification need not be filed with the 
Commission but shall be retained in the online public inspection file 
for as long as the application to which it refers.
    (f) Time for acting on applications. Applications (as originally 
filed or amended) will be acted upon by the FCC no sooner than 30 days 
following release of the acceptance public notice, except as otherwise 
permitted in Sec.  73.3542 or Sec.  73.1635.

0
9. Revise Sec.  73.3594 to read as follows:


Sec.  73.3594   Local public notice of designation for hearing.

    (a) When an application subject to the provisions of Sec.  73.3580 
is designated for hearing, the applicant shall give notice of such 
designation as follows:
    (1) On-air announcement. The applicant (except an applicant filing 
an application for an International broadcast, low power TV, TV 
translator, FM translator, and FM booster station) shall broadcast an 
on-air announcement of the designation of an application for hearing 
over its radio or television station as follows:
    (i) Content. The on-air announcement shall be in the following 
form:
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application for 
an evidentiary hearing on certain issues. Members of the public wishing 
to view the Hearing Designation Order and list of issues can visit [URL 
OF INTERNET WEBSITE MAINTAINED BY THE STATION, THE LICENSEE/PERMITTEE, 
OR THE LICENSEE/PERMITTEE'S PARENT ENTITY, OR OTHER PUBLICLY ACCESSIBLE 
WEBSITE], and click the link in the ``Hearing Designation Order'' 
notice.
    Television broadcast stations (commercial and noncommercial 
educational), in presenting on-air announcements, must use visuals 
[with the full text of the on-air announcement] when this information 
is being orally presented by the announcer.
    (ii) Frequency of broadcast. The on-air announcements shall be 
broadcast a total of six (6) times, once per week for four consecutive 
weeks.
    (iii) Commencement of broadcast. The first broadcast of the on-air 
announcement shall occur no earlier than the date of release of the 
Hearing Designation Order, Order to Show Cause, or other order 
designating issues for hearing, and no later than the fifth business 
day following release of said order.
    (iv) Time of broadcast. The on-air announcements shall be broadcast 
between the hours of 7:00 a.m. and 11:00 p.m. local time at the 
applicant station's community of license, Monday through Friday.
    (v) Language of broadcast. A station broadcasting primarily in a 
foreign language shall broadcast the announcements in that language.
    (2) Online notice. The applicant shall also post an online notice 
of the designation of an application for hearing conspicuously on an 
internet website as follows:
    (i) Content. The online notice shall be in the following form:
HEARING DESIGNATION ORDER
    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application for 
an evidentiary hearing on the following issues: [LIST OF ISSUES IN THE 
HEARING AS LISTED IN THE FCC's ORDER OR SUMMARY OF DESIGNATION FOR 
HEARING]. Members of the public wishing to view the Hearing Designation 
Order or to file comments can visit [INSERT HYPERLINK TO THE HEARING 
DESIGNATION ORDER, ORDER TO SHOW CAUSE, OR OTHER ORDER DESIGNATING THE 
APPLICATION FOR HEARING, ON THE FCC's INTERNET WEBSITE].
    (ii) Site. (A) The applicant shall post online notice by posting a 
conspicuous link or tab labeled ``FCC Hearing'' on an applicant-
affiliated website, as defined in paragraph (a)(2) of this section. The 
link or tab will link directly to a page containing only the online 
notice text referenced in paragraph (b)(2)(i) of this section. The 
applicant shall post online notice on one of the following internet

[[Page 36798]]

websites, to the extent such websites are maintained, in order of 
priority:
    (1) The applicant station's internet website;
    (2) The applicant's internet website; or
    (3) The applicant's parent entity's internet website.
    (B) If the applicant does not maintain an internet website for the 
station or itself, or if the applicant's parent entity does not 
maintain an internet website, the applicant shall post online notice on 
an internet website:
    (1) That is accessible to members of the public without 
registration or payment requirements, or any other requirement that the 
user provide information, or response to a survey or questionnaire in 
exchange for being able to access information on the website; and
    (2) That is locally targeted to the area served and/or to be served 
by the applicant station (e.g., local government internet website, 
local community bulletin board internet website, state broadcasters' 
association internet website).
    (iii) Commencement of posting. The online notice shall be posted no 
earlier than the date of release of the Hearing Designation Order, 
Order to Show Cause, or other order designating issues for hearing, and 
no later than the fifth business day following release of said order.
    (iv) Length of posting. The online notice must be posted for a 
minimum of 30 consecutive days.
    (b) Within seven (7) days of the last day of broadcast of the 
notice required by paragraph (a)(1) of this section, the applicant 
shall file a an original statement and one copy with the Secretary of 
the Commission setting forth the dates and times on which the on-air 
announcements were made, the date the online notice was first posted, 
and the Universal Resource Locator (URL) address of the internet 
website on which online notice is posted.
    (c) The failure to comply with the provisions of this section is 
cause for dismissal of an application with prejudice. However, upon a 
finding that applicant has complied (or proposes to comply) with the 
provisions of section 311(a)(2) of the Communications Act, and that the 
public interest, convenience, and necessity will be served thereby, the 
presiding officer may authorize an applicant, upon a showing of special 
circumstances, to give notice in a manner other than that prescribed by 
this section; may accept notice that is given in a manner which does 
not conform strictly in all respects with the provisions of this 
section; or may extend the time for giving notice.

[FR Doc. 2020-11127 Filed 6-17-20; 8:45 am]
BILLING CODE 6712-01-P