82 FR 55772 - Promoting Diversification of Ownership in the Broadcasting Services

FEDERAL COMMUNICATIONS COMMISSION

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

Page Range		55772-55775
FR Document		2017-25408
In this document, the Commission announces that the Office of Management and Budget (OMB) approved, for a period of three years, amendments to the Commission's rules and revised filing procedures and changes to FCC Form 323 (Ownership Report for Commercial Broadcast Stations) and FCC Form 323-E (Ownership Report for Noncommercial Broadcast Stations), which the Commission adopted in the Report and Order, Promoting Diversification of Ownership in the Broadcasting Services, FCC 16-1. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rule amendments and revised filing procedures and changes to Forms 323 and 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 55772-55775]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25408]


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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

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) approved, for a period of three years, 
amendments to the Commission's rules and revised filing procedures and 
changes to FCC Form 323 (Ownership Report for Commercial Broadcast 
Stations) and FCC Form 323-E (Ownership Report for Noncommercial 
Broadcast Stations), which the Commission adopted in the Report and 
Order, Promoting Diversification of Ownership in the Broadcasting 
Services, FCC 16-1. This document is consistent with the Report and 
Order, which stated that the Commission would publish a document in the 
Federal Register announcing OMB approval and the effective date of the 
rule amendments

[[Page 55773]]

and revised filing procedures and changes to Forms 323 and 323-E.

DATES: Amendments to 47 CFR 73.3615 and 74.797 and changes to FCC Forms 
323 and 323-E, published at 81 FR 19431, April 4, 2016, are effective 
November 28, 2017.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, 
Cathy.Williams@fcc.gov, (202) 418-2918.

SUPPLEMENTARY INFORMATION: This document announces that, on November 
25, 2016, OMB approved, for a period of three years, amendments to 
sections 73.3615 and 74.797 of the Commission's rules and revised 
filing procedures and changes to FCC Form 323 (Ownership Report for 
Commercial Broadcast Stations) and FCC Form 323-E (Ownership Report for 
Noncommercial Broadcast Stations), which the Commission adopted in the 
Report and Order, FCC 16-1, published at 81 FR 19432, April 4, 2016. 
The OMB Control Numbers are 3060-0010 and 3060-0084. The Commission 
publishes this document as an announcement of the effective date of the 
amendments to sections 73.3615 and 74.797 of the Commission's rules and 
the revised filing procedures and changes to Forms 323 and 323-E. If 
you have any comments on the burden estimates listed below, or how the 
Commission can improve the collection and reduce any burdens caused 
thereby, please contact Cathy Williams, Federal Communications 
Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20556. 
Please include the OMB Control Numbers 3060-0010 and 3060-0084 in your 
correspondence.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the 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 OMB approval, 
on November 25, 2016, of amendments to sections 73.3615 and 74.797 of 
the Commission's rules and revised filing procedures and changes to FCC 
Form 323 (Ownership Report for Commercial Broadcast Stations) and FCC 
Form 323-E (Ownership Report for Noncommercial Broadcast Stations).
    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 Numbers for Forms 323 and 323-E are 3060-0010 and 3060-0084, 
respectively.
    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: 3060-0010.
    OMB Approval Date: November 25, 2016.
    OMB Expiration Date: November 30, 2019.
    Title: Ownership Report for Commercial Broadcast Stations, FCC Form 
323; Section 73.3615, Ownership Reports; Section 74.797, Biennial 
Ownership Reports.
    Form Number: FCC Form 323.
    Respondents: Business or other for-profit entities; not-for-profit 
institutions; State, Local, or Tribal Governments.
    Number of Respondents and Responses: 4,340 respondents; 4,340 
responses.
    Estimated Time per Response: 1.5 to 2.5 hours.
    Frequency of Response: On occasion reporting requirement; biennial 
reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in 47 U.S.C. 
151, 152(a), 154(i), 257, 303(r), 307, 309, and 310.
    Total Annual Burden: 9,620 hours.
    Total Annual Cost: $10,093,220.
    Nature and Extent of Confidentiality: FCC Form 323 collects two 
types of information from respondents: PII in the form of names, 
addresses, job titles and demographic information; and FCC Registration 
Numbers (FRNs).
    The FCC/MB-1 SORN, which was approved on November 28, 2016 (81 FR 
72047), covers the collection, purpose(s), storage, safeguards, and 
disposal of the PII that individual respondents may submit on Form 323, 
as required under the Privacy Act of 1974, as amended (5 U.S.C. 552a). 
The Commission is drafting a privacy statement to inform applicants 
(respondents) of the Commission's need to obtain the information and 
the protections that the Commission has in place to protect the PII.
    FRNs are assigned to applicants who complete FCC Form 160 (OMB 
Control No. 3060-0917). Form 160 currently requires applicants for FRNs 
to provide their Taxpayer Information Number (TIN) and/or Social 
Security Number (SSN). The FCC's electronic Commission Registration 
System (CORES) then provides each registrant with a CORES FRN, which 
identifies the registrant in his/her subsequent dealings with the FCC. 
This is done to protect the individual's privacy. Form 160 requires 
applicants for Restricted Use FRNs to provide an alternative set of 
identifying information that does not include the individual's full 
SSN: His/her full name, residential address, date of birth, and only 
the last four digits of his/her SSN. Restricted Use FRNs may be used in 
lieu of CORES FRNs only on broadcast ownership reports and only for 
individuals (not entities) reported as attributable interest holders. 
The Commission maintains a SORN, FCC/OMD-25, Financial Operations 
Information System (FOIS), to cover the collection, purpose(s), 
storage, safeguards, and disposal of the PII that individual 
respondents may submit on Form 160. Form 160 includes a privacy 
statement to inform applicants (respondents) of the Commission's need 
to obtain the information and the protections that the FCC has in place 
to protect the PII.
    Privacy Act: The Commission is drafting a Privacy Impact Assessment 
(PIA) for the personally identifiable information (PII) that is covered 
by the system of records notice (SORN), FCC/MB-1, Ownership Reports for 
Commercial and Noncommercial Broadcast Stations. Upon completion of the 
PIA, it will be posted on the FCC's Web site, as required by the Office 
of Management and Budget (OMB) Memorandum, M-03-22 (September 22, 
2003).
    Needs and Uses: On January 20, 2016, the Commission released a 
Report and Order, Second Report and Order, and Order on Reconsideration 
in MB Docket Nos. 07-294, 10-103, and MD Docket No. 10-234 (323 and 
323-E Order). The 323 and 323-E Order refines the collection of data 
reported on FCC Form 323, Ownership Report for Commercial Broadcast 
Stations, and FCC Form 323-E, Ownership Report for Noncommercial 
Broadcast Stations. Specifically, the 323 and 323-E Order implements a 
Restricted Use FRN (RUFRN) within the Commission's Registration System 
(CORES) that individuals may use solely for the purpose of broadcast 
ownership report filings; eliminates the availability of the Special 
Use FRN (SUFRN) for broadcast station ownership reports, except in very 
limited circumstances; prescribes revisions to Form 323-E that conform 
the reporting requirements for noncommercial educational (NCE)

[[Page 55774]]

broadcast stations more closely to those for commercial stations; and 
makes a number of significant changes to the Commission's reporting 
requirements that reduce the filing burdens on broadcasters, streamline 
the process, and improve data quality. These enhancements will enable 
the Commission to obtain data reflecting a more useful, accurate, and 
thorough assessment of minority and female broadcast station ownership 
in the United States while reducing certain filing burdens.
    Licensees of commercial AM, FM, and full power television broadcast 
stations, as well as licensees of Class A and Low Power Television 
stations, must file FCC Form 323 every two years. Form 323 shall be 
filed by December 1 in all odd-numbered years. On September 1, 2017, 
the Commission's Media Bureau released an Order in MB Docket No. 07-
294, DA 17-813, postponing the opening of the 2017 biennial filing 
window for the submission of broadcast ownership reports on FCC Forms 
323 and 323-E and extending the 2017 filing deadline.
    Biennial Ownership Reports shall provide information accurate as of 
October 1 of the year in which the Report is filed.
    In addition, Licensees and Permittees of commercial AM, FM, and 
full power television stations must file Form 323 following the 
consummation of a transfer of control or an assignment of a commercial 
AM, FM, or full power television station license or construction 
permit; a Permittee of a new commercial AM, FM, or full power 
television station must file Form 323 within 30 days after the grant of 
the construction permit; and a Permittee of a new commercial AM, FM, or 
full power television broadcast station must file Form 323 to update 
the initial report or to certify the continuing accuracy and 
completeness of the previously filed report on the date that the 
Permittee applies for a license to cover the construction permit.
    In the case of organizational structures that include holding 
companies or other forms of indirect ownership, a separate Form 323 
must be filed for each entity in the organizational structure that has 
an attributable interest in the Licensee or Permittee.
    OMB Control Number: 3060-0084.
    OMB Approval Date: November 25, 2016.
    OMB Expiration Date: November 30, 2019.
    Title: Ownership Report for Noncommercial Educational Broadcast 
Stations, FCC Form 323-E; Section 73.3615, Ownership Reports.
    Form Number: FCC Form 323-E.
    Respondents: Not-for-profit institutions.
    Number of Respondents and Responses: 2,636 respondents; 2,636 
responses.
    Estimated Time per Response: 1 to 1.5 hours.
    Frequency of Response: On occasion reporting requirement; biennial 
reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in 47 U.S.C. 
151, 152(a), 154(i), 257, 303(r), 307, 308, 309, and 310.
    Total Annual Burden: 3,867 hours.
    Total Annual Cost: $2,319,900.
    Nature and Extent of Confidentiality: FCC Form 323-E collects two 
types of information from respondents: PII in the form of names, 
addresses, job titles and demographic information; and FCC Registration 
Numbers (FRNs).
    The FCC/MB-1 SORN, which was approved on November 28, 2016 (81 FR 
72047), covers the collection, purpose(s), storage, safeguards, and 
disposal of the PII that individual respondents may submit on Form 323-
E, as required under the Privacy Act of 1974, as amended (5 U.S.C. 
552a). The Commission is drafting a privacy statement to inform 
applicants (respondents) of the Commission's need to obtain the 
information and the protections that the Commission has in place to 
protect the PII.
    FRNs are assigned to applicants who complete FCC Form 160 (OMB 
Control No. 3060-0917). Form 160 currently requires applicants for FRNs 
to provide their Taxpayer Information Number (TIN) and/or Social 
Security Number (SSN). The FCC's electronic Commission Registration 
System (CORES) then provides each registrant with a CORES FRN, which 
identifies the registrant in his/her subsequent dealings with the FCC. 
This is done to protect the individual's privacy. Form 160 requires 
applicants for Restricted Use FRNs to provide an alternative set of 
identifying information that does not include the individual's full 
SSN: His/her full name, residential address, date of birth, and only 
the last four digits of his/her SSN. Restricted Use FRNs may be used in 
lieu of CORES FRNs only on broadcast ownership reports and only for 
individuals (not entities) reported as attributable interest holders. 
The Commission maintains a SORN, FCC/OMD-25, Financial Operations 
Information System (FOIS), to cover the collection, purpose(s), 
storage, safeguards, and disposal of the PII that individual 
respondents may submit on Form 160. Form 160 includes a privacy 
statement to inform applicants (respondents) of the Commission's need 
to obtain the information and the protections that the FCC has in place 
to protect the PII.
    Privacy Act: The Commission is drafting a Privacy Impact Assessment 
(PIA) for the personally identifiable information (PII) that is covered 
by the system of records notice (SORN), FCC/MB-1, Ownership Reports for 
Commercial and Noncommercial Broadcast Stations. Upon completion of the 
PIA, it will be posted on the FCC's Web site, as required by the Office 
of Management and Budget (OMB) Memorandum, M-03-22 (September 22, 
2003).
    Needs and Uses: On January 20, 2016, the Commission released a 
Report and Order, Second Report and Order, and Order on Reconsideration 
in MB Docket Nos. 07-294, 10-103, and MD Docket No. 10-234 (323 and 
323-E Order). The 323 and 323-E Order refines the collection of data 
reported on FCC Form 323, Ownership Report for Commercial Broadcast 
Stations, and FCC Form 323-E, Ownership Report for Noncommercial 
Broadcast Stations. Specifically, the 323 and 323-E Order implements a 
Restricted Use FRN (RUFRN) within the Commission's Registration System 
(CORES) that individuals may use solely for the purpose of broadcast 
ownership report filings; eliminates the availability of the Special 
Use FRN (SUFRN) for broadcast station ownership reports, except in very 
limited circumstances; prescribes revisions to Form 323-E that conform 
the reporting requirements for noncommercial educational (NCE) 
broadcast stations more closely to those for commercial stations; and 
makes a number of significant changes to the Commission's reporting 
requirements that reduce the filing burdens on broadcasters, streamline 
the process, and improve data quality. These enhancements will enable 
the Commission to obtain data reflecting a more useful, accurate, and 
thorough assessment of minority and female broadcast station ownership 
in the United States while reducing certain filing burdens.
    On April 21, 2017, the Commission released an Order on 
Reconsideration in MB Docket No. 07-294 and MD Docket No. 10-23 (323-E 
Reconsideration Order). The 323-E Reconsideration Order expands the 
option to use SUFRNs on Form 323-E. This action addresses several 
petitions for reconsideration of the 323 and 323-E Order and properly 
balances the Commission's need to improve the

[[Page 55775]]

integrity and usability of its broadcast ownership data with the 
concerns raised in the petitions for reconsideration.
    Licensees of noncommercial educational AM, FM, and television 
broadcast stations must file FCC Form 323-E every two years. Pursuant 
to the new filing procedures adopted in the 323 and 323-E Order, Form 
323-E shall be filed by December 1 in all odd-numbered years. On 
September 1, 2017, the Commission's Media Bureau released an Order in 
MB Docket No. 07-294, DA 17-813, postponing the opening of the 2017 
biennial filing window for the submission of broadcast ownership 
reports on FCC Forms 323 and 323-E and extending the 2017 filing 
deadline. Biennial Ownership Reports shall provide information accurate 
as of October 1 of the year in which the Report is filed.
    In addition, Licensees and Permittees of noncommercial educational 
AM, FM, and television stations must file Form 323-E following the 
consummation of a transfer of control or an assignment of a 
noncommercial educational AM, FM, or television station license or 
construction permit; a Permittee of a new noncommercial educational AM, 
FM, or television station must file Form 323-E within 30 days after the 
grant of the construction permit; and a Permittee of a new 
noncommercial educational AM, FM, or television station must file Form 
323-E to update the initial report or to certify the continuing 
accuracy and completeness of the previously filed report on the date 
that the Permittee applies for a license to cover the construction 
permit.
    In the case of organizational structures that include holding 
companies or other forms of indirect ownership, a separate Form 323-E 
must be filed for each entity in the organizational structure that has 
an attributable interest in the Licensee or Permittee.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017-25408 Filed 11-22-17; 8:45 am]
 BILLING CODE 6712-01-P
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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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		Amendments to 47 CFR 73.3615 and 74.797 and changes to FCC Forms 323 and 323-E, published at 81 FR 19431, April 4, 2016, are effective November 28, 2017.
Contact		Cathy Williams, [email protected], (202) 418-2918.
FR Citation		82 FR 55772
CFR Citation		47 CFR 73 47 CFR 74