82 FR 55771 - Promoting Diversification of Ownership in the Broadcasting Services; Correction

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 225 (November 24, 2017)

Page Range		55771-55772
FR Document		2017-25443

The Federal Communications Commission (Commission) is correcting a final rule that appeared in the Federal Register on April 4, 2016. That document revised FCC Form 323, Ownership Report for Commercial Broadcast Stations, and FCC Form 323-E, Ownership Report for Noncommercial Broadcast Stations, and amended Sections 73.3615 and 74.797 of the Commission's rules. This document corrects the final regulations by replacing references to ``FCC Form 2100, Schedule 323'' with ``FCC Form 323'' and replacing references to ``FCC Form 2100, Schedule 323-E'' with ``FCC Form 323-E.''

Federal Register, Volume 82 Issue 225 (Friday, November 24, 2017)

[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Rules and Regulations]
[Pages 55771-55772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25443]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 07-294, MD Docket No. 10-234; FCC 16-1]


Promoting Diversification of Ownership in the Broadcasting 
Services; Correction

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (Commission) is 
correcting a final rule that appeared in the Federal Register on April 
4, 2016. That document revised FCC Form 323, Ownership Report for 
Commercial Broadcast Stations, and FCC Form 323-E, Ownership Report for 
Noncommercial Broadcast Stations, and amended Sections 73.3615 and 
74.797 of the Commission's rules. This document corrects the final 
regulations by replacing references to ``FCC Form 2100, Schedule 323'' 
with ``FCC Form 323'' and replacing references to ``FCC Form 2100, 
Schedule 323-E'' with ``FCC Form 323-E.''

DATES: Effective November 28, 2017.

FOR FURTHER INFORMATION CONTACT: Christopher Clark, Industry Analysis 
Division, Media Bureau, FCC, (202) 418-2609. For additional information 
concerning the information collection requirements contained in the 
Report and Order, contact Cathy Williams at (202) 418-2918, or via the 
Internet at PRA@fcc.gov.

SUPPLEMENTARY INFORMATION: In FR Doc. 2016-04838 appearing on page 
19431 in the Federal Register on Monday, April 4, 2016, the following 
corrections are made:


Sec.  73.3615   [Corrected]

0
1. Beginning on page 19459, in the third column, in Sec.  73.3615, 
paragraphs (a) through (f) are corrected to read as follows:
    ``(a) The Ownership Report for Commercial Broadcast Stations (FCC 
Form 323) must be filed electronically every two years by each licensee 
of a commercial AM, FM, or TV broadcast station and any entity that 
holds an interest in the licensee that is attributable pursuant to 
Sec.  73.3555 (each a ``Respondent''). The ownership report shall be 
filed by December 1 in all odd-numbered years. Each ownership report 
shall provide all information required by, and comply with all 
requirements set forth in, the version of FCC Form 323 (including all 
instructions for the form and schedule) that is current on October 1 of 
the year in which the ownership report is filed. The information 
provided on each ownership report shall be current as of October 1 of 
the year in which the ownership report is filed. A Respondent with a 
current and unamended biennial ownership report (i.e., an ownership 
report that was filed pursuant to this subsection) on file with the 
Commission that is still accurate and which was filed using the version 
of FCC Form 323 that is current on October 1 of the year in which its 
biennial ownership report is due may electronically validate and 
resubmit its previously filed biennial ownership report.
    (b)(1) Each permittee of a commercial AM, FM or TV broadcast 
station and any entity that holds an interest in the permittee that is 
attributable pursuant to Sec.  73.3555 (each a ``Respondent'') shall 
file an ownership report on FCC Form 323 within 30 days of the date of 
grant by the FCC of an application by the permittee for original 
construction permit. Each ownership report shall provide all 
information required by, and comply with all requirements set forth in, 
the version of FCC Form 323 (including all instructions for the form 
and schedule) that is current on the date on which the ownership report 
is filed.
    (2) Except as specifically noted below, each permittee of a 
commercial AM, FM or TV broadcast station and any entity that holds an 
interest in the permittee that is attributable pursuant to Sec.  
73.3555 (each a ``Respondent'') shall file an ownership report on FCC 
Form 323 on the date that the permittee applies for a station license. 
Each ownership report shall provide all information required by, and 
comply with all requirements

[[Page 55772]]

set forth in, the version of FCC Form 323 (including all instructions 
for the form and schedule) that is current on the date on which the 
ownership report is filed. If a Respondent has a current and unamended 
ownership report on file with the Commission that was filed pursuant to 
paragraphs (b)(1) or (c) of this section, was submitted using the 
version of FCC Form 323 that is current on the date on which the 
ownership report due pursuant to paragraph(b)(2) is filed, and is still 
accurate, the Respondent may certify that it has reviewed such 
ownership report and that it is accurate, in lieu of filing a new 
ownership report.
    (c) Each permittee or licensee of a commercial AM, FM or TV 
broadcast station and any entity that holds an interest in the 
permittee or licensee that is attributable pursuant to Sec.  73.3555 
(each a ``Respondent''), shall file an ownership report on FCC Form 323 
within 30 days of consummating authorized assignments or transfers of 
permits and licenses. Each ownership report shall provide all 
information required by, and comply with all requirements set forth in, 
the version of FCC Form 323 (including all instructions for the form 
and schedule) that is current on the date on which the ownership report 
is filed.
    (d) The Ownership Report for Noncommercial Broadcast Stations (FCC 
Form 323-E) must be filed electronically every two years by each 
licensee of a noncommercial educational AM, FM or TV broadcast station 
and any entity that holds an interest in the licensee that is 
attributable pursuant to Sec.  73.3555 (each a ``Respondent''). The 
ownership report shall be filed by December 1 in all odd-numbered 
years. Each ownership report shall provide all information required by, 
and comply with all requirements set forth in, the version of FCC Form 
323-E (including all instructions for the form and schedule) that is 
current on October 1 of the year in which the ownership report is 
filed. The information provided on each ownership report shall be 
current as of October 1 of the year in which the ownership report is 
filed. A Respondent with a current and unamended biennial ownership 
report (i.e., an ownership report that was filed pursuant to this 
subsection) on file with the Commission that is still accurate and 
which was filed using the version of FCC Form 323-E that is current on 
October 1 of the year in which its biennial ownership report is due may 
electronically validate and resubmit its previously filed biennial 
ownership report.
    (e)(1) Each permittee of a noncommercial educational AM, FM or TV 
broadcast station and any entity that holds an interest in the 
permittee that is attributable pursuant to Sec.  73.3555 (each a 
``Respondent'') shall file an ownership report on FCC Form 323-E within 
30 days of the date of grant by the FCC of an application by the 
permittee for original construction permit. Each ownership report shall 
provide all information required by, and comply with all requirements 
set forth in, the version of FCC Form 323-E (including all instructions 
for the form and schedule) that is current on the date on which the 
ownership report is filed.
    (2) Except as specifically noted below, each permittee of a 
noncommercial educational AM, FM or TV broadcast station and any entity 
that holds an interest in the permittee that is attributable pursuant 
to Sec.  73.3555 (each a ``Respondent'') shall file an ownership report 
on FCC Form 323-E on the date that the permittee applies for a station 
license. Each ownership report shall provide all information required 
by, and comply with all requirements set forth in, the version of FCC 
Form 323-E (including all instructions for the form and schedule) that 
is current on the date on which the ownership report is filed. If a 
Respondent has a current and unamended ownership report on file with 
the Commission that was filed pursuant to paragraphs (e)(1) or (f) of 
this section, was submitted using the version of FCC Form 323-E that is 
current on the date on which the ownership report due pursuant to this 
subsection is filed, and is still accurate, the Respondent may certify 
that it has reviewed such ownership report and that it is accurate, in 
lieu of filing a new ownership report.
    (f) Each permittee or licensee of a noncommercial educational AM, 
FM or TV broadcast station, and any entity that holds an interest in 
the permittee or licensee that is attributable pursuant to Sec.  
73.3555 (each a ``Respondent''), shall file an ownership report on FCC 
Form 323-E within 30 days of consummating authorized assignments or 
transfers of permits and licenses. Each ownership report shall provide 
all information required by, and comply with all requirements set forth 
in, the version of FCC Form 323-E (including all instructions for the 
form and schedule) that is current on the date on which the ownership 
report is filed.''


Sec.  74.797  [Corrected]

0
2. Beginning on page 19460, in the third column, Sec.  74.797 is 
corrected to read as follows:
    ``The Ownership Report for Commercial Broadcast Stations (FCC Form 
323) must be electronically filed by December 1 in all odd-numbered 
years by each licensee of a low power television station or other 
Respondent (as defined in Sec.  73.3615(a) of this chapter). A licensee 
or other Respondent with a current and unamended biennial ownership 
report (i.e., a report that was filed pursuant to this subsection) on 
file with the Commission that is still accurate and which was filed 
using the version of FCC Form 323 that is current on October 1 of the 
year in which its biennial ownership report is due may electronically 
validate and resubmit its previously filed biennial ownership report. 
The information provided on each ownership report shall be current as 
of October 1 of the year in which the ownership report is filed. For 
information on filing requirements, filers should refer to Sec.  
73.3615(a) of this chapter.''

Federal Communications Commission
Marlene H. Dortch,
Secretary.
[FR Doc. 2017-25443 Filed 11-22-17; 8:45 am]
BILLING CODE 6712-01-P

Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Rules and Regulations 55771

unrelated to the supported service or reasons stated herein, we find good the Federal Register on Monday, April
product constitutes a rebate of the non- cause for the rule changes made by this 4, 2016, the following corrections are
discount portion of the supported Order to take effect upon the release of made:
services. this Order, see 5 U.S.C. 808(2).
25. Section 553 of the Administrative § 73.3615 [Corrected]
Procedures Act permits an agency to III. Ordering Clauses ■ 1. Beginning on page 19459, in the
implement rules without public notice 28. Accordingly, it is ordered that, third column, in § 73.3615, paragraphs
and opportunity for comment ‘‘when pursuant to the authority contained in (a) through (f) are corrected to read as
the agency for good cause finds . . . that sections 4(i), 4(j), 10, 201–205, 214, 254, follows:
notice and public procedure thereon are 303(r), and 403 of the Communications ‘‘(a) The Ownership Report for
impracticable, unnecessary, or contrary Act of 1934, as amended, 47 U.S.C. 151, Commercial Broadcast Stations (FCC
to the public interest.’’ The 154(i), 154(j), 160, 201–205, 214, 254, Form 323) must be filed electronically
Commission’s rules additionally permit 303(r), and 403 this Order is adopted, every two years by each licensee of a
us to render an order effective upon and the temporary rules shall become commercial AM, FM, or TV broadcast
release where good cause warrants. The effective immediately upon release of station and any entity that holds an
Hurricanes have caused extensive this Order, pursuant to 5 U.S.C. 408, interest in the licensee that is
damage in areas of Texas, Florida, and 553(d)(3); 47 CFR 1.103(a), 1.427(b). attributable pursuant to § 73.3555 (each
Georgia, and throughout Puerto Rico Federal Communications Commission.
a ‘‘Respondent’’). The ownership report
and the USVI, creating an urgent and shall be filed by December 1 in all odd-
Marlene H. Dortch,
immediate need for the relief provided numbered years. Each ownership report
Secretary. shall provide all information required
by this Order. While we believe that
public notice requirements are an [FR Doc. 2017–25406 Filed 11–22–17; 8:45 am] by, and comply with all requirements
essential part of our rulemaking process, BILLING CODE P set forth in, the version of FCC Form
the need for prompt attention to the 323 (including all instructions for the
victims and quick restoration of services form and schedule) that is current on
presents good cause to forgo notice and FEDERAL COMMUNICATIONS October 1 of the year in which the
comment on these limited, temporary COMMISSION ownership report is filed. The
rules and to make this Order effective information provided on each
47 CFR Parts 73 and 74 ownership report shall be current as of
immediately upon release. The
temporary rules that we adopt herein [MB Docket No. 07–294, MD Docket No. 10– October 1 of the year in which the
constitute an important step in the 234; FCC 16–1] ownership report is filed. A Respondent
Nation’s response to these natural with a current and unamended biennial
disasters, as well as the ability of the E- Promoting Diversification of ownership report (i.e., an ownership
rate program to fulfill its purpose of Ownership in the Broadcasting report that was filed pursuant to this
ensuring that schools and libraries have Services; Correction subsection) on file with the Commission
affordable access to the high-speed AGENCY: Federal Communications that is still accurate and which was filed
broadband necessary for students to Commission. using the version of FCC Form 323 that
succeed in their educational pursuits is current on October 1 of the year in
ACTION: Final rule; correction.
and beyond. Further, this Order does which its biennial ownership report is
not mandate new burdens or SUMMARY: The Federal Communications due may electronically validate and
obligations. Accordingly, no entity will Commission (Commission) is correcting resubmit its previously filed biennial
be adversely affected by making the a final rule that appeared in the Federal ownership report.
Order effective upon its release. We Register on April 4, 2016. That (b)(1) Each permittee of a commercial
find, therefore, that good cause exists to document revised FCC Form 323, AM, FM or TV broadcast station and
forgo notice and comment on these rules Ownership Report for Commercial any entity that holds an interest in the
and make the temporary rules adopted Broadcast Stations, and FCC Form 323– permittee that is attributable pursuant to
by this Order effective immediately E, Ownership Report for § 73.3555 (each a ‘‘Respondent’’) shall
upon the release date of this Order. We Noncommercial Broadcast Stations, and file an ownership report on FCC Form
delegate authority to the Bureau to work amended Sections 73.3615 and 74.797 323 within 30 days of the date of grant
with USAC to make the necessary of the Commission’s rules. This by the FCC of an application by the
programmatic changes to implement document corrects the final regulations permittee for original construction
this Order. by replacing references to ‘‘FCC Form permit. Each ownership report shall
26. This document does not contain 2100, Schedule 323’’ with ‘‘FCC Form provide all information required by, and
new or modified information collection 323’’ and replacing references to ‘‘FCC comply with all requirements set forth
requirements subject to the Paperwork Form 2100, Schedule 323–E’’ with ‘‘FCC in, the version of FCC Form 323
Reduction Act of 1995 (PRA), Public Form 323–E.’’ (including all instructions for the form
Law 104–13. In addition, therefore, it and schedule) that is current on the date
DATES: Effective November 28, 2017.
does not contain any new or modified on which the ownership report is filed.
FOR FURTHER INFORMATION CONTACT: (2) Except as specifically noted below,
information collection burden for small
business concerns with fewer than 25 Christopher Clark, Industry Analysis each permittee of a commercial AM, FM
employees, pursuant to the Small Division, Media Bureau, FCC, (202) or TV broadcast station and any entity
Business Paperwork Relief Act of 2002, 418–2609. For additional information that holds an interest in the permittee
sradovich on DSK3GMQ082PROD with RULES

Public Law 107–198, see 44 U.S.C. concerning the information collection that is attributable pursuant to § 73.3555
3506(c)(4). requirements contained in the Report (each a ‘‘Respondent’’) shall file an
27. The Commission will send a copy and Order, contact Cathy Williams at ownership report on FCC Form 323 on
of this Order in a report to Congress and (202) 418–2918, or via the Internet at the date that the permittee applies for a
the Government Accountability Office PRA@fcc.gov. station license. Each ownership report
pursuant to the Congressional Review SUPPLEMENTARY INFORMATION: In FR Doc. shall provide all information required
Act, see 5 U.S.C. 801(a)(1)(A). For the 2016–04838 appearing on page 19431 in by, and comply with all requirements

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55772 Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Rules and Regulations

set forth in, the version of FCC Form (e)(1) Each permittee of a ‘‘The Ownership Report for
323 (including all instructions for the noncommercial educational AM, FM or Commercial Broadcast Stations (FCC
form and schedule) that is current on TV broadcast station and any entity that Form 323) must be electronically filed
the date on which the ownership report holds an interest in the permittee that is by December 1 in all odd-numbered
is filed. If a Respondent has a current attributable pursuant to § 73.3555 (each years by each licensee of a low power
and unamended ownership report on a ‘‘Respondent’’) shall file an ownership television station or other Respondent
file with the Commission that was filed report on FCC Form 323–E within 30 (as defined in § 73.3615(a) of this
pursuant to paragraphs (b)(1) or (c) of days of the date of grant by the FCC of chapter). A licensee or other
this section, was submitted using the an application by the permittee for Respondent with a current and
version of FCC Form 323 that is current original construction permit. Each unamended biennial ownership report
on the date on which the ownership ownership report shall provide all (i.e., a report that was filed pursuant to
report due pursuant to paragraph(b)(2) information required by, and comply this subsection) on file with the
is filed, and is still accurate, the with all requirements set forth in, the Commission that is still accurate and
Respondent may certify that it has version of FCC Form 323–E (including which was filed using the version of
reviewed such ownership report and all instructions for the form and FCC Form 323 that is current on October
that it is accurate, in lieu of filing a new schedule) that is current on the date on 1 of the year in which its biennial
ownership report. which the ownership report is filed. ownership report is due may
(c) Each permittee or licensee of a (2) Except as specifically noted below, electronically validate and resubmit its
commercial AM, FM or TV broadcast each permittee of a noncommercial previously filed biennial ownership
station and any entity that holds an educational AM, FM or TV broadcast report. The information provided on
interest in the permittee or licensee that station and any entity that holds an each ownership report shall be current
is attributable pursuant to § 73.3555 interest in the permittee that is as of October 1 of the year in which the
(each a ‘‘Respondent’’), shall file an attributable pursuant to § 73.3555 (each ownership report is filed. For
ownership report on FCC Form 323 a ‘‘Respondent’’) shall file an ownership information on filing requirements,
within 30 days of consummating report on FCC Form 323–E on the date filers should refer to § 73.3615(a) of this
authorized assignments or transfers of that the permittee applies for a station chapter.’’
permits and licenses. Each ownership license. Each ownership report shall Federal Communications Commission
report shall provide all information provide all information required by, and Marlene H. Dortch,
required by, and comply with all comply with all requirements set forth Secretary.
requirements set forth in, the version of in, the version of FCC Form 323–E [FR Doc. 2017–25443 Filed 11–22–17; 8:45 am]
FCC Form 323 (including all (including all instructions for the form BILLING CODE 6712–01–P
instructions for the form and schedule) and schedule) that is current on the date
that is current on the date on which the on which the ownership report is filed.
ownership report is filed. If a Respondent has a current and FEDERAL COMMUNICATIONS
(d) The Ownership Report for unamended ownership report on file COMMISSION
Noncommercial Broadcast Stations (FCC with the Commission that was filed
Form 323–E) must be filed pursuant to paragraphs (e)(1) or (f) of 47 CFR Parts 73 and 74
electronically every two years by each this section, was submitted using the [MB Docket No. 07–294, MD Docket No. 10–
licensee of a noncommercial version of FCC Form 323–E that is 234, FCC 16–1]
educational AM, FM or TV broadcast current on the date on which the
station and any entity that holds an ownership report due pursuant to this Promoting Diversification of
interest in the licensee that is subsection is filed, and is still accurate, Ownership in the Broadcasting
attributable pursuant to § 73.3555 (each the Respondent may certify that it has Services
a ‘‘Respondent’’). The ownership report reviewed such ownership report and
AGENCY: Federal Communications
shall be filed by December 1 in all odd- that it is accurate, in lieu of filing a new
Commission.
numbered years. Each ownership report ownership report.
ACTION: Final rule; announcement of
shall provide all information required (f) Each permittee or licensee of a
effective date.
by, and comply with all requirements noncommercial educational AM, FM or
set forth in, the version of FCC Form TV broadcast station, and any entity that SUMMARY: In this document, the
323–E (including all instructions for the holds an interest in the permittee or Commission announces that the Office
form and schedule) that is current on licensee that is attributable pursuant to of Management and Budget (OMB)
October 1 of the year in which the § 73.3555 (each a ‘‘Respondent’’), shall approved, for a period of three years,
ownership report is filed. The file an ownership report on FCC Form amendments to the Commission’s rules
information provided on each 323–E within 30 days of consummating and revised filing procedures and
ownership report shall be current as of authorized assignments or transfers of changes to FCC Form 323 (Ownership
October 1 of the year in which the permits and licenses. Each ownership Report for Commercial Broadcast
ownership report is filed. A Respondent report shall provide all information Stations) and FCC Form 323–E
with a current and unamended biennial required by, and comply with all (Ownership Report for Noncommercial
ownership report (i.e., an ownership requirements set forth in, the version of Broadcast Stations), which the
report that was filed pursuant to this FCC Form 323–E (including all Commission adopted in the Report and
subsection) on file with the Commission instructions for the form and schedule) Order, Promoting Diversification of
sradovich on DSK3GMQ082PROD with RULES

that is still accurate and which was filed that is current on the date on which the Ownership in the Broadcasting Services,
using the version of FCC Form 323–E ownership report is filed.’’ FCC 16–1. This document is consistent
that is current on October 1 of the year with the Report and Order, which stated
§ 74.797 [Corrected]
in which its biennial ownership report that the Commission would publish a
is due may electronically validate and ■ 2. Beginning on page 19460, in the document in the Federal Register
resubmit its previously filed biennial third column, § 74.797 is corrected to announcing OMB approval and the
ownership report. read as follows: effective date of the rule amendments

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Document Created: 2017-11-22 23:33:48
Document Modified: 2017-11-22 23:33:48

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; correction.
Dates		Effective November 28, 2017.
Contact		Christopher Clark, Industry Analysis Division, Media Bureau, FCC, (202) 418-2609. For additional information concerning the information collection requirements contained in the Report and Order, contact Cathy Williams at (202) 418-2918, or via the Internet at [email protected]
FR Citation		82 FR 55771
CFR Citation		47 CFR 73 47 CFR 74