82 FR 42749 - Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 82, Issue 175 (September 12, 2017)
Federal Register Volume 82, Issue 175 (September 12, 2017)
| Page Range | 42749-42750 | |
| FR Document | 2017-19218 |
[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)] [Rules and Regulations] [Pages 42749-42750] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19218] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 12-106, FCC 17-41] Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Noncommercial Educational Station Fundraising for Third-Party Non- Profit Organizations Report and Order's third-party fundraising rules. This document is consistent with the Report and Order, [[Page 42750]] which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: The amendments to 47 CFR 73.503(e)(1), 73.621(f)(1), and 73.2527(e)(14), published at 82 FR 21127, May 5, 2017, are effective November 13, 2017. FOR FURTHER INFORMATION CONTACT: Kathy Berthot, Media Bureau, Policy Division, at (202) 418-7454, or email: [email protected]. SUPPLEMENTARY INFORMATION: This document announces that, on August 30, 2017, OMB approved, for a period of three years, the information collection requirements relating to the third-party fundraising rules contained in the Commission's Report and Order, FCC 17-41, published at 82 FR 21127, May 5, 2017. The OMB Control Number is 3060-1174. The Commission publishes this document as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-1174, in your correspondence. The Commission will also accept your comments via email at [email protected]. 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 Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on August 30, 2017, for the information collection requirements contained in the Commission's rules at 47 CFR 73.503(e)(1), 73.621(f)(1), and 73.2527(e)(14). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-1174. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-1174. OMB Approval Date: August 30, 2017. OMB Expiration Date: August 31, 2020. Title: Section 73.503, Licensing requirements and service; Section 73.621, Noncommercial educational TV stations; Section 73.3527, Local public inspection file of noncommercial educational stations. Form Number: N/A. Respondents: Business or other for-profit entities; Not-for-profit institutions. Number of Respondents and Responses: 2,200 respondents; 33,000 responses. Estimated Time per Response: 0.5 hours. Frequency of Response: Recordkeeping requirement; Third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority which covers these information collections is contained in 47 U.S.C. 151, 154(i), 303, and 399B. Total Annual Burden: 16,500 hours. Total Annual Cost: No cost. Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information (PII) from individuals. Privacy Act: No impact(s). Needs and Uses: On April 20, 2017, the Commission adopted a Report and Order in MB Docket No. 12-106, FCC 17-41, In the Matter of Noncommercial Educational Station Fundraising for Third-Party Non- Profit Organizations. Under the Commission's existing rules, a noncommercial educational (NCE) broadcast station may not conduct fundraising activities to benefit any entity besides the station itself if the activities would substantially alter or suspend regular programming. The Report and Order relaxes the rules to allow NCE stations to spend up to one percent of their total annual airtime conducting on-air fundraising activities that interrupt regular programming for the benefit of third-party non-profit organizations. The following is a description of the information collection requirements for which the Commission received OMB approval: Audience disclosure: Pursuant to 47 CFR 73.503(e)(1), a noncommercial educational FM broadcast station that interrupts regular programming to conduct fundraising activities on behalf of third-party non-profit organizations must air a disclosure during such activities clearly stating that the fundraiser is not for the benefit of the station itself and identifying the entity for which it is fundraising. Pursuant to 47 CFR 73.621(f)(1), a noncommercial educational TV broadcast station that interrupts regular programming to conduct fundraising activities on behalf of third-party non-profit organizations must air a disclosure during such activities clearly stating that the fundraiser is not for the benefit of the station itself and identifying the entity for which it is fundraising. The audience disclosure must be aired at the beginning and the end of each fundraising program and at least once during each hour in which the program is on the air. Retention of information on fundraising activities in local public inspection file: Pursuant to 47 CFR 73.3527(e)(14), each noncommercial educational FM broadcast station and noncommercial educational TV broadcast station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization must place in its local public inspection file, on a quarterly basis, the following information for each third-party fundraising program or activity: The date, time, and duration of the fundraiser; the type of fundraising activity; the name of the non- profit organization benefitted by the fundraiser; a brief description of the specific cause or project, if any, supported by the fundraiser; and, to the extent that the station participated in tallying or receiving any funds for the non-profit group, an approximation, to the nearest $10,000, of the total funds raised. The information for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for the quarter January-March, etc.). Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2017-19218 Filed 9-11-17; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations 42749
§ 403.912(a)(1) to correct the arrangement, up to a calendar year cap penalties under § 403.912(a)(1) since the
typographical error in the penalty of $163,117. Furthermore, we note that effective date of the IFR.
ranges originally established in section the erroneous base range stated on page
List of Subjects in 42 CFR Part 403
1128G of the Act. 61561 of the IFR makes little sense in
light of the statutory calendar year cap Grant programs—health, Health
III. Waiver of Proposed Rulemaking insurance, Hospitals, Intergovernmental
for this penalty. Under the original base
and Delay in Effective Date relations, Medicare, Reporting and
penalty range, CMS could impose the
In accordance with section 553(b) of minimum penalty of $1,000 for up to recordkeeping requirements.
the Administrative Procedure Act (APA) 150 unreported arrangements. Under the Accordingly, as noted in section II. of
(5 U.S.C. 553(b)), we ordinarily publish erroneous regulations text in the IFR, this document, the Centers for Medicare
a notice of proposed rulemaking in the CMS would be permitted to impose the & Medicaid Services is making the
Federal Register to provide for a period minimum penalty amount of $10,000 for following correcting amendments to 42
of public comment before the provisions only a maximum of 16 unreported CFR part 403:
of a rule take effect. However, we can arrangements. Even if we had the
waive this notice and comment statutory authority to increase the base PART 403—SPECIAL PROGRAMS AND
procedure if the Secretary finds, for penalty range through rulemaking, the PROJECTS
good cause, that the notice and maximum penalty amount erroneously
comment process is impracticable, stated in the IFR is patently inconsistent ■ 1. The authority citation for part 403
unnecessary, or contrary to the public with one of the stated policies of the continues to read as follows:
interest, and incorporates a statement of IFR—to maintain the deterrent effect of Authority: 42 U.S.C. 1395b–3 and Secs.
the finding and the reasons therefore in civil money penalties. Second, we 1102 and 1871 of the Social Security Act (42
the notice. Section 553(d) of the APA believe that providing an opportunity U.S.C. 1302 and 1395hh).
ordinarily requires a 30-day delay in for public comment on this correcting
effective date of final rules after the date amendment is contrary to the public § 403.912 [Amended]
of their publication in the Federal interest. First, as noted previously, ■ 2. Section 403.912(a)(1) is amended
Register. This 30-day delay in effective public comment in this case could never by removing the phrase ‘‘not less than
date can be waived, however, if an change the statutory penalty range at $10,000, but not more than $100,000’’
agency finds for good cause that the issue. We believe that it would not be and adding in its place the phrase ‘‘not
delay is impracticable, unnecessary, or in the public interest to offer a futile less than $1,000, but not more than
contrary to the public interest, and the comment period. Second, the entities $10,000.’’
agency incorporates a statement of the subject to civil money penalties Dated: August 17, 2017.
findings and its reasons in the rule authorized under section 1128G(b) of
issued. Seema Verma,
the Act should be advised, in a timely
We believe that this document does Administrator, Centers for Medicare &
manner, of the correct amounts for
not constitute a rulemaking that would Medicaid Services.
which they could be liable. It is in the
be subject to the requirement for a public interest to ensure that the Dated: September 6, 2017.
public comment period. Specifically, we regulations accurately reflect the Thomas E. Price,
find that undertaking further notice and statutory authority. Secretary, Department of Health and Human
comment procedures to correct the IFR For similar reasons, we are also Services.
in unnecessary and contrary to public waiving the 30-day delay in effective [FR Doc. 2017–19311 Filed 9–11–17; 8:45 am]
interest. date for this correcting amendment. BILLING CODE 4120–01–P
First, we believe it is unnecessary to First, we believe it is unnecessary to
allow for public comment regarding delay the effective date of corrections to
whether to correct a misstated penalty a typographical error in regulation text FEDERAL COMMUNICATIONS
range that is inconsistent with, and that was patently inconsistent with the COMMISSION
exponentially higher than, that relevant statutory authority. Second, we
permitted by the authorizing statute. As believe that delaying the effective date 47 CFR Part 73
noted previously, this correcting of these corrections would be contrary
amendment merely corrects a [MB Docket No. 12–106, FCC 17–41]
to the public interest because the
typographical error in the base penalty entities subject to civil money penalties Noncommercial Educational Station
range to which the inflation increase should be advised, in a timely manner, Fundraising for Third-Party Non-Profit
implemented by the IFR would be of the correct amounts for which they Organizations
applied. This correction is necessary to could be liable. Therefore, we find good
ensure that the base penalty range does cause to waive the 30-day delay in AGENCY: Federal Communications
not exceed the range authorized under effective date. Commission.
section 1128G(b)(1)(A) of the Act, as Finally, the corrections indicated in ACTION: Final rule; announcement of
adjusted under the Inflation Adjustment this correcting amendment are effective date.
Act. Public comment on this correction applicable to civil monetary penalties as
amendment is unnecessary because it if they had been included in the IFR. SUMMARY: In this document, the
could never change the statutory That is, the corrections are applicable to Commission announces that the Office
penalty range at issue. We note that the civil money penalties imposed under of Management and Budget (OMB) has
IFR never indicated that we were § 403.912(a)(1) beginning September 6, approved, for a period of three years, the
pmangrum on DSK3GDR082PROD with RULES1
increasing the base penalty range 2016, the date the IFR became effective. information collection associated with
identified in this or any other civil We do not believe this correcting the Commission’s Noncommercial
money penalty authority. In fact, on amendment constitutes retroactive Educational Station Fundraising for
page 61548 of the IFR, we indicated that rulemaking because the erroneous base Third-Party Non-Profit Organizations
the new inflation adjusted penalty range penalty range was never authorized Report and Order’s third-party
under § 403.912(a) would be from under section 1128G(b) of the Act. In fundraising rules. This document is
$1,087 to $10,874 per unreported addition, we have not imposed any consistent with the Report and Order,
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![42750 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Rules and Regulations
which stated that the Commission Number. The OMB Control Number is which the Commission received OMB
would publish a document in the 3060–1174. approval:
Federal Register announcing the The foregoing notice is required by Audience disclosure: Pursuant to 47
effective date of those rules. the Paperwork Reduction Act of 1995, CFR 73.503(e)(1), a noncommercial
DATES: The amendments to 47 CFR Public Law 104–13, October 1, 1995, educational FM broadcast station that
73.503(e)(1), 73.621(f)(1), and and 44 U.S.C. 3507. interrupts regular programming to
73.2527(e)(14), published at 82 FR The total annual reporting burdens
conduct fundraising activities on behalf
21127, May 5, 2017, are effective and costs for the respondents are as
of third-party non-profit organizations
November 13, 2017. follows:
OMB Control Number: 3060–1174. must air a disclosure during such
FOR FURTHER INFORMATION CONTACT: activities clearly stating that the
OMB Approval Date: August 30, 2017.
Kathy Berthot, Media Bureau, Policy OMB Expiration Date: August 31, fundraiser is not for the benefit of the
Division, at (202) 418–7454, or email: 2020. station itself and identifying the entity
kathy.berthot@fcc.gov. Title: Section 73.503, Licensing for which it is fundraising. Pursuant to
SUPPLEMENTARY INFORMATION: This requirements and service; Section 47 CFR 73.621(f)(1), a noncommercial
document announces that, on August 73.621, Noncommercial educational TV educational TV broadcast station that
30, 2017, OMB approved, for a period of stations; Section 73.3527, Local public interrupts regular programming to
three years, the information collection inspection file of noncommercial conduct fundraising activities on behalf
requirements relating to the third-party educational stations. of third-party non-profit organizations
fundraising rules contained in the Form Number: N/A. must air a disclosure during such
Commission’s Report and Order, FCC Respondents: Business or other for- activities clearly stating that the
17–41, published at 82 FR 21127, May profit entities; Not-for-profit fundraiser is not for the benefit of the
5, 2017. The OMB Control Number is institutions. station itself and identifying the entity
3060–1174. The Commission publishes Number of Respondents and for which it is fundraising. The
this document as an announcement of Responses: 2,200 respondents; 33,000 audience disclosure must be aired at the
the effective date of the rules. If you responses. beginning and the end of each
have any comments on the burden Estimated Time per Response: 0.5 fundraising program and at least once
estimates listed below, or how the hours. during each hour in which the program
Commission can improve the Frequency of Response: is on the air.
collections and reduce any burdens Recordkeeping requirement; Third party
Retention of information on
caused thereby, please contact Cathy disclosure requirement.
fundraising activities in local public
Williams, Federal Communications Obligation to Respond: Required to
obtain or retain benefits. The statutory inspection file: Pursuant to 47 CFR
Commission, Room 1–C823, 445 12th
authority which covers these 73.3527(e)(14), each noncommercial
Street SW., Washington, DC 20554.
information collections is contained in educational FM broadcast station and
Please include the OMB Control
47 U.S.C. 151, 154(i), 303, and 399B. noncommercial educational TV
Number, 3060–1174, in your
Total Annual Burden: 16,500 hours. broadcast station that interrupts regular
correspondence. The Commission will
also accept your comments via email at Total Annual Cost: No cost. programming to conduct fundraising
PRA@fcc.gov. Nature and Extent of Confidentiality: activities on behalf of a third-party non-
To request materials in accessible An assurance of confidentiality is not profit organization must place in its
formats for people with disabilities offered because this information local public inspection file, on a
(Braille, large print, electronic files, collection does not require the quarterly basis, the following
audio format), send an email to fcc504@ collection of personally identifiable information for each third-party
fcc.gov or call the Consumer and information (PII) from individuals. fundraising program or activity: The
Governmental Affairs Bureau at (202) Privacy Act: No impact(s). date, time, and duration of the
418–0530 (voice), (202) 418–0432 Needs and Uses: On April 20, 2017, fundraiser; the type of fundraising
(TTY). the Commission adopted a Report and activity; the name of the non-profit
Order in MB Docket No. 12–106, FCC organization benefitted by the
Synopsis 17–41, In the Matter of Noncommercial fundraiser; a brief description of the
As required by the Paperwork Educational Station Fundraising for specific cause or project, if any,
Reduction Act of 1995 (44 U.S.C. 3507), Third-Party Non-Profit Organizations. supported by the fundraiser; and, to the
the FCC is notifying the public that it Under the Commission’s existing rules, extent that the station participated in
received final OMB approval on August a noncommercial educational (NCE) tallying or receiving any funds for the
30, 2017, for the information collection broadcast station may not conduct non-profit group, an approximation, to
requirements contained in the fundraising activities to benefit any the nearest $10,000, of the total funds
Commission’s rules at 47 CFR entity besides the station itself if the raised. The information for each
73.503(e)(1), 73.621(f)(1), and activities would substantially alter or calendar quarter is to be filed by the
73.2527(e)(14). suspend regular programming. The tenth day of the succeeding calendar
Under 5 CFR part 1320, an agency Report and Order relaxes the rules to quarter (e.g., January 10 for the quarter
may not conduct or sponsor a collection allow NCE stations to spend up to one October–December, April 10 for the
of information unless it displays a percent of their total annual airtime quarter January–March, etc.).
current, valid OMB Control Number. conducting on-air fundraising activities
pmangrum on DSK3GDR082PROD with RULES1
Federal Communications Commission.
No person shall be subject to any that interrupt regular programming for
Marlene H. Dortch,
penalty for failing to comply with a the benefit of third-party non-profit
collection of information subject to the organizations. Secretary.
Paperwork Reduction Act that does not The following is a description of the [FR Doc. 2017–19218 Filed 9–11–17; 8:45 am]
display a current, valid OMB Control information collection requirements for BILLING CODE 6712–01–P
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Document Created: 2018-10-24 14:14:22
Document Modified: 2018-10-24 14:14:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; announcement of effective date. | |
| Dates | The amendments to 47 CFR 73.503(e)(1), 73.621(f)(1), and 73.2527(e)(14), published at 82 FR 21127, May 5, 2017, are effective November 13, 2017. | |
| Contact | Kathy Berthot, Media Bureau, Policy Division, at (202) 418-7454, or email: [email protected] | |
| FR Citation | 82 FR 42749 |
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