83_FR_6855 83 FR 6823 - Filing of Contracts; Modernization of Media Regulation Initiative

83 FR 6823 - Filing of Contracts; Modernization of Media Regulation Initiative

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 32 (February 15, 2018)

Page Range6823-6830
FR Document2018-03098

In this document, the Federal Communications Commission (Commission) seeks comment on whether and how to modernize the Commission's rules, which requires each licensee or permittee of a commercial and noncommercial AM, FM, television, or international broadcast station to file certain contracts and other documents with the Commission within 30 days after execution. This document continues the Commission's efforts to modernize its regulations and reduce unnecessary requirements that can impede competition and innovation in the media marketplace.

Federal Register, Volume 83 Issue 32 (Thursday, February 15, 2018)
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Proposed Rules]
[Pages 6823-6830]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03098]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 18-4, 17-105; FCC 18-8]


Filing of Contracts; Modernization of Media Regulation Initiative

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on whether and how to modernize the 
Commission's rules, which requires each licensee or permittee of a 
commercial and noncommercial AM, FM, television, or international 
broadcast station to file certain contracts and other documents with 
the Commission within 30 days after execution. This document continues 
the Commission's efforts to modernize its regulations and reduce 
unnecessary requirements that can impede competition and innovation in 
the media marketplace.

DATES: Comments are due on or before March 19, 2018. Reply comments are 
due on or before April 2, 2018.

ADDRESSES: Interested parties may submit comments and replies, 
identified by MB Docket Nos. 18-4, 17-105, by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.

[[Page 6824]]

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Christopher Clark of the Industry 
Analysis Division, Media Bureau, at (202) 418-2609.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 18-8, adopted and released on 
January 30, 2018. The full text of this document is available 
electronically via the FCC's Electronic Document Management System 
(EDOCS) website at https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-8A1.pdf. Documents will be available electronically in ASCII, 
Microsoft Word, and/or Adobe Acrobat. This document is also available 
for public inspection and copying during regular business hours in the 
FCC Reference Information Center, Federal Communications Commission, 
445 12th Street SW, CY-A257, Washington, DC 20554. Alternative formats 
are available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an email to [email protected] 
or calling the Commission's Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), 202 418-0432 (TTY).

Synopsis

    1. Background. Since the late 1930s, the Commission has required 
broadcast station licensees and permittees to file with the Commission 
copies of certain contracts and other documents relating to ownership 
and operation of stations. Historically, this filing requirement was 
intended to keep the Commission and the public informed with respect to 
the ownership and control of broadcast stations and to enable the 
Commission to be advised of compliance with its rules relating to those 
matters. In the past, the Commission has also used the information 
contained in some of these agreements to formulate certain broadcasting 
policies and rules or to enhance its understanding of the broadcast 
industry. At the time, requiring that broadcast licensees and 
permittees submit paper copies to the Commission was the most efficient 
mechanism available for the Commission to obtain copies of the 
documents and helped ensure that certain documents were also available 
for public inspection.
    2. Beginning in 1965, broadcast licensees and permittees were also 
required to make copies of these documents available via a local public 
inspection file. This additional obligation provided another source for 
public inspection of documents relating to ownership and control of a 
broadcast station for those able to travel to a station's main studio 
during regular business hours. In 1998, the Commission amended its 
public file rules to give broadcast licensees and permittees the option 
of maintaining an up-to-date list of such documents in the public file 
and providing copies of the actual documents to requesting parties 
within seven days, in lieu of maintaining the documents themselves in 
the file. In 2012, the Commission amended its public file rules in 
general to require that public file materials be posted to an online 
database hosted by the Commission rather than maintained in a paper 
file at the station. Under the 2012 amendment to the rules, licensees 
and permittees that choose to retain a list of Section 73.3613 (47 CFR 
73. 3613) documents in the public file must continue to provide a copy 
of any such documents to requesting parties within seven days. 
Television stations completed their transition to the online public 
file in 2014. The last group of remaining radio stations to transition 
must begin using the online file by March 2018. The transition to 
online public inspection files enables greater public access to the 
contents of the files, including documents filed pursuant to Section 
73.3613--which are either placed directly in the public file or 
provided on demand based on an up-to-date list--particularly for those 
who are unable to travel to a station or the Commission during regular 
business hours.
    3. The Commission has periodically re-evaluated the paper filing 
requirement in Section 73.3613 and revised the rule as necessary to 
eliminate unnecessary paperwork and reduce administrative burdens on 
licensees and the Commission. For example, prior to the late 1970s, the 
Commission revised Section 73.3613 on multiple occasions to eliminate 
the obligation to routinely submit paper copies of several documents 
and instead require that certain documents be kept at the station and 
made available upon request. Beginning in the late 1970s, the 
Commission took several steps to eliminate unnecessary paperwork 
burdens resulting from the requirement that stations submit paper 
copies of certain network affiliation contracts that the Commission no 
longer needed to collect routinely. For example, the Commission 
eliminated the requirement that radio stations file network affiliation 
and transcription contracts with the Commission, and it limited the 
mandatory filing of television network affiliation contracts to just 
those agreements with national networks. The Commission subsequently 
proposed to eliminate the routine filing requirement for national 
television network affiliates as well and instead require that 
television licensees make their national network affiliation agreements 
available to the Commission upon request. This proposal remained 
pending until the Commission terminated the proceeding in 2011.
    4. The types of documents that must be filed with the Commission 
under the current rule include network affiliation agreements between a 
television station and a national network; documents that relate to 
ownership or control of the licensee or permittee; contracts that 
relate to management of a station by someone other than a regular 
employee, officer, or director of the station, or by any person where 
the contract also provides for both a percentage of profits and sharing 
in losses; attributable time brokerage agreements; and attributable 
joint sales agreements. In addition, the current rule also requires 
that the following documents be kept at the station and made available 
for inspection upon request by the Commission: Subchannel leasing 
agreements for Subsidiary Communications Authorization operation; 
franchise/leasing agreements for operation of telecommunications 
services on the television vertical blanking interval and in the visual 
signal; time sales contracts with the same sponsor for four or more 
hours per day, except where the length of the events broadcast is not 
under control of the station; and contracts with chief operators.
    5. In May 2017, the Commission issued a Media Modernization 
Initiative Public Notice launching a review of its media regulations to 
eliminate or modify those that are outdated, unnecessary, or unduly 
burdensome. In response to that Media Modernization Initiative Public 
Notice, several commenters in the Media Modernization proceeding urged 
the Commission to eliminate the existing paper filing requirements in 
Section 73.3613. These commenters generally assert that the 
Commission's and the public's information needs can be sufficiently met 
through the existing public file requirements. No commenters opposed 
these recommendations.
    6. AM, FM, and Television Stations. We tentatively conclude that 
the Section 73.3613 paper filing requirement for licensees and 
permittees of commercial

[[Page 6825]]

and noncommercial AM, FM, and television stations should be eliminated. 
While paper filings may have previously been the most efficient 
mechanism for ensuring that the Commission and the public had ready 
access to these materials, we believe that is no longer the case. The 
vast majority of Commission forms are now filed electronically, and the 
Commission has taken many recent steps to eliminate or streamline paper 
submissions and other document retention obligations. For example, the 
transition to online public files, which is largely complete and will 
be finalized in March 2018, has significantly reduced burdens on 
stations and provided both the Commission and the public with easy 
access to station information and documents retained in the public 
inspection file.
    7. Indeed, the Section 73.3613 documents of commercial and 
noncommercial AM, FM, and television stations are already available via 
their public inspection files, and such access will continue even 
without the Section 73.3613 paper filing requirement. Licensees and 
permittees of these stations currently file ownership reports 
electronically on FCC Forms 323 and 323-E, and on these ownership 
reports licensees and permittees are required to list all documents 
required to be filed pursuant to Section 73.3613 for all of the 
stations covered by the report. Our public file rules, contained in 
Section 73.3526 (commercial broadcast stations) and Section 73.3527 
(noncommercial broadcast stations) of our rules, require that the 
licensees and permittees of these stations make the documents listed in 
their ownership reports--i.e., their Section 73.3613 documents--
available for public inspection via their public files. Specifically, 
the public file rules require these licensees and permittees, at their 
discretion, to either (i) retain in their public inspection files 
copies of the documents listed in their ownership reports or (ii) 
maintain an up-to-date list of such documents in their public 
inspection files and provide copies to a requesting party within seven 
days. Our public file rules also require licensees and permittees to 
retain copies of time brokerage agreements and joint sales agreements 
involving a commercial AM, FM, or television station in the station's 
public file. In light of this existing requirement and after evaluating 
our own document needs, we believe that eliminating the paper filing 
requirement as discussed herein will not meaningfully impact the 
ability of the Commission and other interested parties to review 
Section 73.3613 documents, and will reduce burdens on licensees.
    8. Accordingly, consistent with comments to the Media Modernization 
Initiative Public Notice, we tentatively conclude that relying on the 
existing public file rules--subject to the proposed modifications 
discussed herein--will provide the Commission and the public with 
sufficient access to Section 73.3613 documents for commercial and 
noncommercial AM, FM, and television stations. We seek comment on this 
tentative conclusion. Our existing public file rules provide these 
stations with flexibility to select the disclosure method that is less 
burdensome with respect to Section 73.3613 documents. We therefore 
propose to eliminate the Section 73.3613 requirement that licensees and 
permittees of commercial and noncommercial AM, FM, and television 
stations file paper copies of such documents with the Commission. 
Instead, we propose that stations make such documents available to the 
Commission and the public via the options set forth in the existing 
public file requirement. We seek comment on this proposal.
    9. As discussed above, our existing public file rules currently 
give stations the option of either (i) retaining copies of the 
documents listed in their ownership reports in the public file or (ii) 
maintaining an up-to-date list of such documents in the public file and 
providing copies to a requesting party within seven days. In order to 
preserve the current level of access to these documents, we propose to 
clarify that a station must ensure that its inventory of Section 
73.3613 documents in its public file is up to date, regardless of 
whether the station chooses to retain copies or a list of documents in 
the public file, and provide copies of its Section 73.3613 documents to 
the Commission and the public within seven days upon request. We seek 
comment on this proposal.
    10. For additional clarity, we also seek comment on whether to 
revise the relevant public file rules to refer specifically to Section 
73.3613, instead of referencing the documents listed in ownership 
reports (which are the same as the Section 73.3613 documents). In the 
alternative, we seek comment on whether to eliminate Section 73.3613 of 
the rules entirely--subject to the discussion of international 
broadcast stations below--and instead list these same documents in 
Sections 73.3526 and 73.3527 of our rules. Which approach would most 
effectively keep licensees informed of their obligations? If we 
eliminate Section 73.3613, how should we address the documents 
currently specified in Section 73.3613(e), which need not be filed with 
the Commission but must be kept at the station and made available for 
inspection upon request by the Commission under the current rule? 
Similarly, how should we address Section 73.3613(a)(1), which currently 
includes a definition of ``network'' that is cross-referenced in the 
Telecommunications Act of 1996 and in the Commission's Dual Network 
Rule? We seek comment on these issues.
    11. Under Section 73.3613, documents are required to be filed 
within 30 days after execution. By contrast, the public file rules do 
not explicitly state how quickly licensees and permittees must add the 
documents listed in their most recent ownership report or update the 
list of such documents, though licensees and permittees are expected to 
update their files in a timely fashion and to maintain orderly files. 
Is the existing practice for public file updates sufficient or should 
we adopt a specific timeframe for updating the Section 73.3613 
documents in the station's public file? If so, how long (e.g., continue 
to require updates within 30 days after execution, consistent with the 
current practice under Section 73.3613)? In addition to the specific 
issues discussed in Section B of this NPRM, we invite comment on any 
other modifications or conforming changes to Section 73.3613, or any 
other Commission rule, that are necessary or appropriate to implement 
the proposals discussed in this NPRM and on any alternative proposals 
for making these documents available in a less costly and more 
effective manner.
    12. International Broadcast Stations. Unlike AM, FM, and television 
stations, international broadcast stations do not serve local 
communities in the United States. These stations, which are authorized 
on a seasonal basis, employ frequencies allocated to the broadcasting 
service between 5900 and 26100 kHz, the transmissions of which are 
intended to be received in foreign countries. Currently, two seasons 
exist: A summer season and a winter season. International broadcast 
stations, which are often operated by churches and other religious 
organizations, typically do not have network affiliations and do not 
enter into time brokerage arrangements or joint sales agreements. As of 
December 13, 2017, there were 16 international broadcast stations 
operating. These stations are subject to the Section 73.3613 filing 
requirements but do not have public file obligations like those 
applicable to AM, FM, and television stations. Similarly, these 
stations are not currently subject to the

[[Page 6826]]

routine ownership reporting obligations applicable to other broadcast 
services.
    13. Based upon our review, we tentatively conclude that the current 
justifications for requiring disclosure of Section 73.3613 documents by 
commercial and noncommercial AM, FM, and television stations do not 
apply to international broadcast stations. As mentioned above, for 
example, licensees and permittees of commercial and noncommercial AM, 
FM, and television stations are required to list Section 73.3613 
documents in the broadcast ownership reports they file with the 
Commission and make copies of such documents available via a public 
inspection file, but international broadcast stations are not subject 
to such obligations. Previously, international broadcast stations were 
subject to the ownership reporting requirements that applied to AM, FM, 
and television stations, but this is no longer the case. While the 
disclosure of Section 73.3613 documents by commercial and noncommercial 
AM, FM, and television stations supplements the ownership information 
that they must routinely report to the Commission, the same is not true 
for international broadcast stations. Furthermore, these stations are 
not subject to the ownership rules applicable to commercial AM, FM, and 
television stations, nor are they subject to the relevant operational 
provisions applicable to noncommercial stations. Moreover, it does not 
appear that the Section 73.3613 documents that international broadcast 
stations are required to file with the Commission have been reviewed by 
Commission staff in the recent past. Accordingly, we tentatively 
conclude that there is no need to continue requiring the licensees and 
permittees of international broadcast stations to routinely file 
Section 73.3613 documents with the Commission.
    14. Instead, we believe that the Commission's information needs can 
be met by retaining our ability to obtain these documents from 
licensees and permittees of international broadcast stations upon 
request, as needed. For example, if there are concerns about the 
ownership or control of an international broadcast station, the 
Commission could request copies of the relevant Section 73.3613 
documents as part of an investigation. For purposes of enforcing the 
statutory bar against de facto transfers of control of an international 
broadcast station without prior Commission authorization, we believe 
that it is sufficient to retain our ability to obtain Section 73.3613 
documents from licensees and permittees of international broadcast 
stations upon request. We seek comment on how to implement this 
requirement. Should the Commission's rules continue to delineate the 
documents subject to disclosure (either in Section 73.3613 or in a new 
rule section relevant only to international broadcast stations) or is 
the Commission's general authority to request relevant information 
during an investigation or to otherwise fulfill its statutory 
obligations sufficient?
    15. We seek comment on these proposals. Is there a continuing need 
for these licensees and permittees to routinely file paper copies of 
Section 73.3613 documents with the Commission? What is the value, if 
any, of retaining the Section 73.3613 paper filing requirement for 
international broadcast stations for the Commission and the public? 
Would eliminating the requirement and retaining our ability to obtain 
Section 73.3613 documents upon request adequately ensure that the 
Commission will have access to information concerning ownership and 
control of international broadcast stations and compliance with our 
rules? Are there any reasons that would support a requirement that 
international broadcast stations make these documents available to 
members of the public? If so, what is the least costly and most 
effective manner of doing so? We note that these stations transmit 
programming that is intended to be received in foreign countries and 
are not required to have public inspection files, and thus do not 
currently make Section 73.3613 documents available to the U.S. public 
in that manner. And, considering the very small number of stations 
operating nationally, Section 73.3613 documents of international 
broadcast stations may be of little relevance to the U.S. public. We 
seek comment on these issues.
    16. Time Brokerage Agreements and Joint Sales Agreements. A time 
brokerage agreement (TBA), also referred to as local marketing 
agreement (LMA), involves the sale by a licensee of discrete blocks of 
time to a broker that supplies the programming to fill that time and 
sells the commercial spot announcements in it. A joint sales agreement 
(JSA) is an agreement that authorizes a broker to sell some or all of 
the advertising time on the brokered station. Pursuant to Section 
73.3613(d), attributable TBAs and attributable JSAs must be filed with 
the Commission by the brokering station. In addition, our existing 
public file rule for commercial stations requires that all TBAs and 
JSAs involving commercial stations, regardless of their attribution 
status, also be placed in the public inspection file for all 
participating stations; that is, under the current rules commercial 
broadcast stations cannot elect merely to list these agreements in 
their public files. Because Section 73.3613(d) duplicates an existing 
public file requirement for a limited subset of TBAs and JSAs, we 
tentatively conclude that we may eliminate this requirement as it 
applies to commercial stations. We believe that elimination is 
appropriate, regardless of the disclosure requirement that may 
ultimately be selected. Under the current rule, attributable TBAs and 
attributable JSAs--like all other Section 73.3613 documents--must be 
filed with the Commission within 30 days of execution. However, our 
existing public file rules do not explicitly state how quickly 
licensees and permittees must add these documents to their public file. 
As noted above, however, we are seeking comment on whether to adopt a 
specific timeframe for updating Section 73.3613 documents. We seek 
comment on this issue.
    17. Unlike commercial stations, noncommercial stations are not 
currently required to maintain copies of all TBAs or JSAs in their 
public inspection files; rather, under our public file rules, these 
stations have the option of only maintaining a list of all Section 
73.3613 documents, including certain TBAs and JSAs, and must provide a 
copy of these documents to requesting parties. When the Commission 
adopted the public file rules requiring that all TBAs and/or JSAs 
involving commercial stations be placed in the public inspection file, 
it did not discuss a similar requirement for noncommercial stations. 
Given the nature of and rules applicable to the noncommercial service, 
it is likely that TBAs and JSAs involving noncommercial stations are 
not as prevalent as those involving commercial stations. Accordingly, 
no change to Section 73.3613(d) is necessary with respect to 
noncommercial stations, which are already required to list these 
agreements in their public files and make them available upon request. 
We seek comment on this issue.
    18. Redaction of Confidential or Proprietary Information. Section 
73.3613 explicitly allows the redaction of confidential or proprietary 
information for attributable TBAs and JSAs, provided that unredacted 
versions of the agreements shall be provided to the Commission upon 
request. A similar rule applies to TBAs and JSAs required to be placed 
in the public inspection file. Section 73.3613 does not currently 
provide for redaction of other agreements filed pursuant to the 
provision. However, the Commission's

[[Page 6827]]

general rules provide a procedure for seeking such redactions, and 
other agreements filed pursuant to this section that contain 
confidential or proprietary information are routinely submitted to the 
Commission in both redacted and unredacted forms along with a request 
for confidential treatment. We have no evidence that this practice--
both the specific provisions allowing the redaction of TBAs and JSAs 
and the routine submission of redacted and unredacted versions of other 
73.3613 documents pursuant to Section 0.459 of the Commission's rules--
has impaired the ability of the Commission or other interested parties 
to evaluate these agreements. Accordingly, we tentatively conclude that 
Section 73.3613's specific provision allowing the redaction of TBAs and 
JSAs, including the requirement that unredacted copies shall be made 
available to the Commission upon request, should apply to all Section 
73.3613 documents to the extent that they contain confidential or 
proprietary information. Under our proposal herein, redaction would 
only be necessary when a document is posted to the online public file 
or provided to the Commission or the public upon request. We seek 
comment on this tentative conclusion.

Procedural Matters

    19. Initial Paperwork Reduction Act Analysis. This document 
contains proposed modified information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and the Office of Management and 
Budget (OMB) to comment on the information collection requirements 
contained in this document, as required by the Paperwork Reduction Act 
of 1995, Public Law 104-13. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), we seek specific comment on how we might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
    20. Ex Parte Rules. This proceeding shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    21. Comments and Replies. Pursuant to sections 1.415 and 1.419 of 
the Commission's rules, 47 CFR 1.415 and 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS). Electronic Filing 
of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    22. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 
20554. These documents will also be available via ECFS. Documents will 
be available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat.
    23. People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the FCC's 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).
    24. Additional Information. For additional information on this 
proceeding, contact Christopher Clark of the Industry Analysis 
Division, Media Bureau, at (202) 418-2609.

Initial Regulatory Flexibility Act Analysis

    25. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA) the Commission has prepared this Initial Regulatory 
Flexibility Act Analysis (IRFA) of the possible significant economic 
impact on a substantial number of small entities by the policies and 
rules proposed in this NPRM. Written public comments are requested on 
this IRFA. Comments must be identified as responses to the IRFA and 
must be filed by the deadlines for comments provided on the first page 
of the NPRM. The Commission will send a copy of the NPRM, including 
this IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA).

[[Page 6828]]

    26. Need for, and Objectives of, the Proposed Rules. In this NPRM, 
the Commission seeks comment on how to modernize Section 73.3613 of the 
Commission's rules, which requires each licensee or permittee of a 
commercial and noncommercial AM, FM, television, or international 
broadcast station to file certain contracts and other documents with 
the Commission within 30 days after execution. The types of documents 
that must be filed with the Commission under the current rule include 
network affiliation agreements between a television station and a 
national network; documents that relate to ownership or control of the 
licensee or permittee; contracts that relate to management of a station 
by someone other than a regular employee, officer, or director of the 
station, or by any person where the contract also provides for both a 
percentage of profits and sharing in losses; attributable time 
brokerage agreements; and attributable joint sales agreements. In 
addition, the current rule also requires that the following documents 
be kept at the station and made available for inspection upon request 
by the Commission: Subchannel leasing agreements for Subsidiary 
Communications Authorization operation; franchise/leasing agreements 
for operation of telecommunications services on the television vertical 
blanking interval and in the visual signal; time sales contracts with 
the same sponsor for four or more hours per day, except where the 
length of the events broadcast is not under control of the station; and 
contracts with chief operators. The potential rule changes discussed in 
the NPRM stem from a Public Notice issued by the Commission in May 2017 
launching an initiative to modernize the Commission's media 
regulations. Several commenters in the proceeding have argued that the 
Commission should amend Section 73.3613 to eliminate the paper filing 
requirement and other duplicate or unnecessary filing requirements.
    27. The NPRM proposes to eliminate the Section 73.3613 paper filing 
requirement for licensees and permittees of commercial and 
noncommercial AM, FM, television, and international broadcast stations. 
In addition, the NPRM also seeks comment on other proposed 
modifications to broadcasters' current obligations under Section 
73.3613, including, among other things, eliminating certain redundant 
filing obligations and providing enhanced confidentiality protections. 
The rule revisions on which the NPRM seeks comment are intended to 
reduce unnecessary regulation and regulatory burdens that can impede 
competition and innovation in the media marketplace.
    28. Legal Basis. The proposed action is authorized pursuant to 
Sections 1, 4(i), 4(j), 303(r), 309, 310, and 336 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303(r), 309, 
310, and 336.
    29. Description and Estimates of the Number of Small Entities to 
Which the Proposed Rules Will Apply. The RFA directs agencies to 
provide a description of and, where feasible, an estimate of the number 
of small entities that may be affected by the proposed rules, if 
adopted. The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. 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. Application of the 
statutory criteria of dominance in its field of operation and 
independence are sometimes difficult to apply in the context of 
broadcast television. Accordingly, the Commission's statistical account 
of television stations may be over-inclusive.
    30. The rules proposed herein will directly affect small radio, 
television, and international 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.
    31. Radio Stations. This Economic Census category comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public. Programming may originate in their own studio, 
from an affiliated network, or from external sources. The SBA has 
established a small business size standard for this category as firms 
having $38.5 million or less in annual receipts. Economic Census data 
for 2012 shows that 2,849 radio station firms operated during that 
year. Of that number, 2,806 firms operated with annual receipts of less 
than $25 million per year, 17 with annual receipts between $24,999,999 
and $50 million, and 26 with annual receipts of $50 million or more. 
Therefore, based on the SBA's size standard the majority of such 
entities are small entities.
    32. According to Commission staff review of the BIA/Kelsey, LLC's 
Media Access Pro Radio Database on January 8, 2018, about 11,372 (or 
about 99.9 percent) of 11,383 commercial radio stations had revenues of 
$38.5 million or less and thus qualify as small entities under the SBA 
definition. The Commission has estimated the number of licensed 
commercial AM radio stations to be 4,639 stations and the number of 
commercial FM radio stations to be 6,744, for a total number of 11,383. 
We note the Commission has also estimated the number of licensed 
noncommercial (NCE) FM radio stations to be 4,120. Nevertheless, the 
Commission 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.
    33. We also note, that in assessing whether a business entity 
qualifies as small under the above definition, business control 
affiliations must be included. Business concerns are affiliates of each 
other when one concern controls or has the power to control the other, 
or a third party or parties controls or has power to control both. The 
Commission's estimate therefore likely overstates the number of small 
entities that might be affected by its action, because the revenue 
figure on which it is based does not include or aggregate revenues from 
affiliated companies. In addition, to be determined a ``small 
business,'' an entity may not be dominant in its field of operation. We 
further note that it is difficult at times to assess these criteria in 
the context of media entities, and the estimate of small businesses to 
which these rules may apply does not exclude any radio station from the 
definition of a small business on these basis; thus, our estimate of 
small businesses may therefore be over-inclusive. Also, as noted above, 
an additional element of the definition of ``small business'' is that 
the entity must be independently owned and operated. The Commission 
notes that it is difficult at times to assess these criteria in the 
context of media entities, and the estimates of small businesses to 
which they apply may be over-inclusive to this extent.
    34. 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

[[Page 6829]]

the public on a predetermined schedule. Programming may originate in 
their own studio, from an affiliated network, or from external sources. 
The SBA has created the following small business size standard for such 
businesses: Those having $38.5 million or less in annual receipts. The 
2012 Economic Census reports that 751 firms in this category operated 
in that year. Of this number, 656 had annual receipts of $25 million or 
less, 25 had annual receipts between $24,999,999 and $50 million, and 
70 had annual receipts of $50 million or more. Based on this data we 
therefore estimate that the majority of commercial television 
broadcasters are small entities under the applicable SBA size standard.
    35. The Commission has estimated the number of licensed commercial 
television stations to be 1,377. Of this total, 1,257 stations had 
revenues of $38.5 million or less, according to Commission staff review 
of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on 
January 8, 2018, 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 390. Notwithstanding, the Commission 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.
    36. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. Business concerns are affiliates of each 
other when one concern controls or has the power to control the other 
or a third party or parties controls or has the power to control both. 
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. Also, as noted above, 
an additional element of the definition of ``small business'' is that 
the entity must be independently owned and operated. The Commission 
notes that it is difficult at times to assess these criteria in the 
context of media entities and its estimates of small businesses to 
which they apply may be over-inclusive to this extent.
    37. International Broadcast Stations. Neither the Commission nor 
the SBA has developed a definition of small entities specifically 
applicable to International Broadcast Stations. The closest applicable 
SBA size standards and U.S. Census Bureau category is Radio Stations. 
Establishments in this industry are primarily engaged in broadcasting 
aural programs by radio to the public with programming that may 
originate in their own studio, from an affiliated network, or from 
external sources. The SBA small business size standard for this 
category is firms having $38.5 million or less in annual receipts. U.S. 
Census Bureau data for 2012 shows that 2,849 radio station firms 
operated during that year. Of that number, 2,806 firms operated with 
annual receipts of less than $25 million per year, 17 with annual 
receipts between $24,999,999 and $50 million, and 26 with annual 
receipts of $50 million or more. Therefore, based on the SBA's size 
standard the majority of entities in this industry are small entities.
    38. According to the Commission's records there were 16 
international broadcast stations operating as of December 13, 2017. The 
Commission however does not request nor collect annual revenue 
information; therefore, the Commission is unable to estimate the number 
of international broadcast stations that would constitute a small 
business under the SBA definition.
    39. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. In this section, we identify the reporting, 
recordkeeping, and other compliance requirements proposed in the NPRM 
and consider whether small entities are affected disproportionately by 
any such requirements.
    40. Reporting Requirements. The NPRM seeks comment on how quickly 
licensees and permittees must update the Section 73.3613 documents in 
their public file or update the list of such documents. Presently, 
licensees and permittees are expected to update their files in a timely 
fashion and to maintain orderly files. The NPRM seeks comment on 
whether to retain the existing practice for public file updates or to 
adopt a specific timeframe for updating the Section 73.3613 documents 
in the station's public file (e.g., continue to require updates within 
30 days after execution, consistent with the current practice under 
Section 73.3613).
    41. Recordkeeping Requirements. The existing public file rules 
currently give stations the option of either (i) retaining copies of 
the documents listed in their ownership reports in the public file or 
(ii) maintaining an up-to-date list of such documents in the public 
file and providing copies to a requesting party within seven days. To 
preserve the current level of access to these documents, the NPRM 
proposes to clarify that a station must maintain an up-to-date 
inventory of its Section 73.3613 documents in its public file, 
regardless of whether the station chooses to retain copies or a list of 
documents in the public file, and provide copies of its Section 73.3613 
documents to the Commission and the public within seven days upon 
request.
    42. Other Compliance Requirements. Section 73.3613 explicitly 
allows the redaction of confidential or proprietary information for 
attributable TBAs and JSAs, provided that unredacted versions of the 
agreements shall be provided to the Commission upon request. The rule 
does not currently provide for redaction of other agreements filed 
pursuant to the provision. The NPRM tentatively concludes that Section 
73.3613's specific provision allowing the redaction of TBAs and JSAs, 
including the requirement that unredacted copies shall be made 
available to the Commission upon request, should apply to all Section 
73.3613 documents to the extent that they contain confidential or 
proprietary information. Under this proposal, redaction would only be 
necessary when a document is posted to the online public file or 
provided to the Commission or the public upon request.
    43. The proposed revisions to Section 73.3613 will relieve affected 
broadcast stations, including smaller stations, of the obligation to 
file certain information with the Commission. And although there were 
not any comments filed providing specific information quantifying the 
costs and administrative burdens of complying with the existing Section 
73.3613 filing requirements, and we cannot precisely estimate the 
impact on small entities of eliminating those requirements, no party in 
the Media Modernization proceeding, including smaller entities, has 
opposed the proposals discussed in the NPRM. We therefore find it 
reasonable to conclude that the benefits of adopting the proposals 
discussed therein would outweigh any costs.
    44. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. The RFA requires an

[[Page 6830]]

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.
    45. The NPRM proposes to amend Section 73.3613 to eliminate the 
paper filing requirement for Section 73.3613 documents, and seeks 
comment on other proposed modifications to broadcasters' current 
obligations under Section 73.3613, including, among other things, 
eliminating certain redundant filing obligations and providing enhanced 
confidentiality protections. Under the proposal in the NPRM, redaction 
of confidential or proprietary information would only be necessary when 
a document is posted to the online public file or provided to the 
Commission or the public upon request. The rule changes proposed in the 
NPRM, if adopted, would relieve broadcast licensees and permittees, 
including small entities, of the time and expense associated with 
filing paper copies of Section 73.3613 documents with the Commission.
    46. For licensees and permittees of commercial and noncommercial 
AM, FM, and television stations, the NPRM proposes to rely instead on 
the Commission's existing public file rules, which already require that 
these licensees and permittees make copies of Section 73.3613 documents 
available to the public. The existing public file rules provide these 
licensees and permittees with flexibility to select the disclosure 
method that is less burdensome with respect to Section 73.3613 
documents, while still ensuring timely access to the documents by the 
public and the Commission. For international broadcast stations, the 
NPRM proposes that the Commission retain its ability to obtain Section 
73.3613 documents from licensees and permittees of these stations upon 
request, as needed.
    47. We anticipate that affected small entities will only benefit 
from the revisions proposed in the NPRM. However, in an effort to 
better understand the impact and identify alternative actions that can 
be taken to minimize any significant economic impact on small entities, 
the Commission has invited comment on modifications or conforming 
changes to Section 73.3613, or any other Commission rule, that are 
necessary or appropriate to implement the proposals discussed in the 
NPRM and on any alternative proposals for making these documents 
available in a less costly and more effective manner. The Commission 
will review and analyze any information received in promulgating any 
final rules in this proceeding.
    48. Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rule. None.
    49. Ordering Clauses. Accordingly, it is ordered that, pursuant to 
the authority found in sections 1, 4(i), 4(j), 303(r), 309, 310, and 
336 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 303(r), 309, 310, and 336, this Notice of Proposed 
Rulemaking is adopted.
    50. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Act Analysis, to the Chief Counsel for Advocacy 
of the Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018-03098 Filed 2-14-18; 8:45 am]
BILLING CODE 6712-01-P



                                                                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules                                                6823

                                                  that TBAC is negligibly reactive, that                     • Does not impose an information                     Dated: February 6, 2018.
                                                  there was no evidence that TBAC was                     collection burden under the provisions                Onis ‘‘Trey’’ Glenn, III,
                                                  being used at levels that cause concern                 of the Paperwork Reduction Act (44                    Regional Administrator, Region 4.
                                                  for ozone formation, and that the data                  U.S.C. 3501 et seq.);                                 [FR Doc. 2018–03079 Filed 2–14–18; 8:45 am]
                                                  that had been collected under these                        • Is certified as not having a                     BILLING CODE 6560–50–P
                                                  reporting, recordkeeping, modeling, and                 significant economic impact on a
                                                  inventory requirements had proven to                    substantial number of small entities
                                                  be of limited utility in judging the                    under the Regulatory Flexibility Act (5               FEDERAL COMMUNICATIONS
                                                  cumulative impacts of exempted                          U.S.C. 601 et seq.);                                  COMMISSION
                                                  compounds, like TBAC.3                                     • Does not contain any unfunded
                                                  III. Incorporation by Reference                         mandate or significantly or uniquely                  47 CFR Part 73
                                                                                                          affect small governments, as described                [MB Docket Nos. 18–4, 17–105; FCC 18–
                                                     In this rule, EPA is proposing to
                                                                                                          in the Unfunded Mandates Reform Act                   8]
                                                  include in a final EPA rule regulatory
                                                                                                          of 1995 (Pub. L. 104–4);
                                                  text that includes incorporation by
                                                  reference. In accordance with                              • Does not have Federalism                         Filing of Contracts; Modernization of
                                                                                                          implications as specified in Executive                Media Regulation Initiative
                                                  requirements of 1 CFR 51.5, EPA is
                                                  proposing to incorporate by reference                   Order 13132 (64 FR 43255, August 10,                  AGENCY:  Federal Communications
                                                  Regulation 61–62.1—Definitions and                      1999);                                                Commission.
                                                  General Requirements, effective August                     • Is not an economically significant               ACTION: Proposed rule.
                                                  25, 2017. EPA has made, and will                        regulatory action based on health or
                                                  continue to make, these materials                       safety risks subject to Executive Order               SUMMARY:   In this document, the Federal
                                                  generally available through                             13045 (62 FR 19885, April 23, 1997);                  Communications Commission
                                                  www.regulations.gov and at the EPA                         • Is not a significant regulatory action           (Commission) seeks comment on
                                                  Region 4 office (please contact the                     subject to Executive Order 13211 (66 FR               whether and how to modernize the
                                                  person identified in the FOR FURTHER                    28355, May 22, 2001);                                 Commission’s rules, which requires
                                                  INFORMATION CONTACT section of this                        • Is not subject to requirements of                each licensee or permittee of a
                                                  preamble for more information).                         Section 12(d) of the National                         commercial and noncommercial AM,
                                                                                                          Technology Transfer and Advancement                   FM, television, or international
                                                  IV. Proposed Action                                                                                           broadcast station to file certain contracts
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because
                                                    EPA is proposing to approve South                     application of those requirements would               and other documents with the
                                                  Carolina’s September 5, 2017,                           be inconsistent with the CAA; and                     Commission within 30 days after
                                                  submission submitted by the State of                                                                          execution. This document continues the
                                                                                                             • Does not provide EPA with the
                                                  South Carolina through SC DEHC. The                                                                           Commission’s efforts to modernize its
                                                                                                          discretionary authority to address, as
                                                  submission revises Regulation 61–                                                                             regulations and reduce unnecessary
                                                                                                          appropriate, disproportionate human
                                                  62.1—Definitions and General                                                                                  requirements that can impede
                                                                                                          health or environmental effects, using
                                                  Requirements.                                                                                                 competition and innovation in the
                                                                                                          practicable and legally permissible
                                                                                                                                                                media marketplace.
                                                  V. Statutory and Executive Order                        methods, under Executive Order 12898
                                                                                                          (59 FR 7629, February 16, 1994).                      DATES: Comments are due on or before
                                                  Reviews
                                                                                                                                                                March 19, 2018. Reply comments are
                                                    Under the CAA, the Administrator is                      In addition, this proposed rule for
                                                                                                                                                                due on or before April 2, 2018.
                                                  required to approve a SIP submission                    South Carolina does not have Tribal
                                                                                                          implications as specified by Executive                ADDRESSES: Interested parties may
                                                  that complies with the provisions of the                                                                      submit comments and replies, identified
                                                  Act and applicable Federal regulations.                 Order 13175 (65 FR 67249, November 9,
                                                                                                          2000), because it does not have                       by MB Docket Nos. 18–4, 17–105, by
                                                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                       any of the following methods:
                                                                                                          substantial direct effects on an Indian
                                                  Thus, in reviewing SIP submissions,
                                                                                                          Tribe. The Catawba Indian Nation                        • Federal eRulemaking Portal: http://
                                                  EPA’s role is to approve state choices,                                                                       www.regulations.gov. Follow the
                                                  provided that they meet the criteria of                 Reservation is located within the state of
                                                                                                          South Carolina. Pursuant to the Catawba               instructions for submitting comments.
                                                  the CAA. This action merely proposes to                                                                         • Federal Communications
                                                  approve state law as meeting Federal                    Indian Claims Settlement Act, S.C. Code
                                                                                                                                                                Commission’s website: http://
                                                  requirements and does not impose                        Ann. 27–16–120, ‘‘all state and local
                                                                                                                                                                www.fcc.gov/cgb/ecfs/. Follow the
                                                  additional requirements beyond those                    environmental laws and regulations
                                                                                                                                                                instructions for submitting comments.
                                                  imposed by state law. For that reason,                  apply to the [Catawba Indian Nation]                    • Mail: Filings can be sent by hand or
                                                  this proposed action:                                   and Reservation and are fully                         messenger delivery, by commercial
                                                    • Is not a significant regulatory action              enforceable by all relevant state and                 overnight courier, or by first-class or
                                                  subject to review by the Office of                      local agencies and authorities.’’ EPA                 overnight U.S. Postal Service mail
                                                  Management and Budget under                             notes this action will not impose                     (although the Commission continues to
                                                  Executive Orders 12866 (58 FR 51735,                    substantial direct costs on Tribal                    experience delays in receiving U.S.
                                                  October 4, 1993) and 13563 (76 FR 3821,                 governments or preempt Tribal law.                    Postal Service mail). All filings must be
                                                  January 21, 2011);                                      List of Subjects in 40 CFR Part 52                    addressed to the Commission’s
                                                    • Is not an Executive Order 13771 (82                                                                       Secretary, Office of the Secretary,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  FR 9339, February 2, 2017) regulatory                     Environmental protection, Air                       Federal Communications Commission.
                                                  action because SIP approvals are                        pollution control, Incorporation by                      • People with Disabilities: Contact the
                                                  exempted under Executive Order 12866.                   reference, Intergovernmental relations,               FCC to request reasonable
                                                                                                          Nitrogen dioxide, Ozone, Particulate                  accommodations (accessible format
                                                     3 This current proposed rulemaking does not, and     matter, Reporting and recordkeeping                   documents, sign language interpreters,
                                                  is not intended to, reopen any prior final EPA          requirements, Volatile organic                        CART, etc.) by email: FCC504@fcc.gov
                                                  rulemaking or findings made therein, including          compounds.
                                                  EPA’s 2004 final rule (69 FR 69298) and EPA’s 2016                                                            or phone: 202–418–0530 or TTY: 202–
                                                  final rule (81 FR 9339).                                  Authority: 42 U.S.C. 7401 et seq.                   418–0432.


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                                                  6824                  Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules

                                                  For detailed instructions for submitting                inspection file. This additional                      with the Commission, and it limited the
                                                  comments and additional information                     obligation provided another source for                mandatory filing of television network
                                                  on the rulemaking process, see the                      public inspection of documents relating               affiliation contracts to just those
                                                  SUPPLEMENTARY INFORMATION section of                    to ownership and control of a broadcast               agreements with national networks. The
                                                  this document.                                          station for those able to travel to a                 Commission subsequently proposed to
                                                  FOR FURTHER INFORMATION CONTACT:                        station’s main studio during regular                  eliminate the routine filing requirement
                                                  Christopher Clark of the Industry                       business hours. In 1998, the                          for national television network affiliates
                                                  Analysis Division, Media Bureau, at                     Commission amended its public file                    as well and instead require that
                                                  (202) 418–2609.                                         rules to give broadcast licensees and                 television licensees make their national
                                                  SUPPLEMENTARY INFORMATION: This is a                    permittees the option of maintaining an               network affiliation agreements available
                                                                                                          up-to-date list of such documents in the              to the Commission upon request. This
                                                  summary of the Commission’s Notice of
                                                                                                          public file and providing copies of the               proposal remained pending until the
                                                  Proposed Rulemaking (NPRM), FCC 18–
                                                                                                          actual documents to requesting parties                Commission terminated the proceeding
                                                  8, adopted and released on January 30,
                                                                                                          within seven days, in lieu of                         in 2011.
                                                  2018. The full text of this document is                                                                          4. The types of documents that must
                                                  available electronically via the FCC’s                  maintaining the documents themselves
                                                                                                          in the file. In 2012, the Commission                  be filed with the Commission under the
                                                  Electronic Document Management                                                                                current rule include network affiliation
                                                  System (EDOCS) website at https://                      amended its public file rules in general
                                                                                                          to require that public file materials be              agreements between a television station
                                                  apps.fcc.gov/edocs_public/attachmatch/                                                                        and a national network; documents that
                                                  FCC-18-8A1.pdf. Documents will be                       posted to an online database hosted by
                                                                                                          the Commission rather than maintained                 relate to ownership or control of the
                                                  available electronically in ASCII,                                                                            licensee or permittee; contracts that
                                                  Microsoft Word, and/or Adobe Acrobat.                   in a paper file at the station. Under the
                                                                                                          2012 amendment to the rules, licensees                relate to management of a station by
                                                  This document is also available for                                                                           someone other than a regular employee,
                                                  public inspection and copying during                    and permittees that choose to retain a
                                                                                                          list of Section 73.3613 (47 CFR 73. 3613)             officer, or director of the station, or by
                                                  regular business hours in the FCC                                                                             any person where the contract also
                                                  Reference Information Center, Federal                   documents in the public file must
                                                                                                          continue to provide a copy of any such                provides for both a percentage of profits
                                                  Communications Commission, 445 12th                                                                           and sharing in losses; attributable time
                                                  Street SW, CY–A257, Washington, DC                      documents to requesting parties within
                                                                                                          seven days. Television stations                       brokerage agreements; and attributable
                                                  20554. Alternative formats are available                                                                      joint sales agreements. In addition, the
                                                  for people with disabilities (Braille,                  completed their transition to the online
                                                                                                          public file in 2014. The last group of                current rule also requires that the
                                                  large print, electronic files, audio                                                                          following documents be kept at the
                                                  format), by sending an email to fcc504@                 remaining radio stations to transition
                                                                                                          must begin using the online file by                   station and made available for
                                                  fcc.gov or calling the Commission’s                                                                           inspection upon request by the
                                                  Consumer and Governmental Affairs                       March 2018. The transition to online
                                                                                                          public inspection files enables greater               Commission: Subchannel leasing
                                                  Bureau at (202) 418–0530 (voice), 202                                                                         agreements for Subsidiary
                                                  418–0432 (TTY).                                         public access to the contents of the files,
                                                                                                          including documents filed pursuant to                 Communications Authorization
                                                  Synopsis                                                Section 73.3613—which are either                      operation; franchise/leasing agreements
                                                                                                          placed directly in the public file or                 for operation of telecommunications
                                                     1. Background. Since the late 1930s,                                                                       services on the television vertical
                                                  the Commission has required broadcast                   provided on demand based on an up-to-
                                                                                                                                                                blanking interval and in the visual
                                                  station licensees and permittees to file                date list—particularly for those who are
                                                                                                                                                                signal; time sales contracts with the
                                                  with the Commission copies of certain                   unable to travel to a station or the
                                                                                                                                                                same sponsor for four or more hours per
                                                  contracts and other documents relating                  Commission during regular business
                                                                                                                                                                day, except where the length of the
                                                  to ownership and operation of stations.                 hours.
                                                                                                                                                                events broadcast is not under control of
                                                  Historically, this filing requirement was                  3. The Commission has periodically                 the station; and contracts with chief
                                                  intended to keep the Commission and                     re-evaluated the paper filing                         operators.
                                                  the public informed with respect to the                 requirement in Section 73.3613 and                       5. In May 2017, the Commission
                                                  ownership and control of broadcast                      revised the rule as necessary to                      issued a Media Modernization Initiative
                                                  stations and to enable the Commission                   eliminate unnecessary paperwork and                   Public Notice launching a review of its
                                                  to be advised of compliance with its                    reduce administrative burdens on                      media regulations to eliminate or
                                                  rules relating to those matters. In the                 licensees and the Commission. For                     modify those that are outdated,
                                                  past, the Commission has also used the                  example, prior to the late 1970s, the                 unnecessary, or unduly burdensome. In
                                                  information contained in some of these                  Commission revised Section 73.3613 on                 response to that Media Modernization
                                                  agreements to formulate certain                         multiple occasions to eliminate the                   Initiative Public Notice, several
                                                  broadcasting policies and rules or to                   obligation to routinely submit paper                  commenters in the Media
                                                  enhance its understanding of the                        copies of several documents and instead               Modernization proceeding urged the
                                                  broadcast industry. At the time,                        require that certain documents be kept                Commission to eliminate the existing
                                                  requiring that broadcast licensees and                  at the station and made available upon                paper filing requirements in Section
                                                  permittees submit paper copies to the                   request. Beginning in the late 1970s, the             73.3613. These commenters generally
                                                  Commission was the most efficient                       Commission took several steps to                      assert that the Commission’s and the
                                                  mechanism available for the                             eliminate unnecessary paperwork                       public’s information needs can be
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                                                  Commission to obtain copies of the                      burdens resulting from the requirement                sufficiently met through the existing
                                                  documents and helped ensure that                        that stations submit paper copies of                  public file requirements. No
                                                  certain documents were also available                   certain network affiliation contracts that            commenters opposed these
                                                  for public inspection.                                  the Commission no longer needed to                    recommendations.
                                                     2. Beginning in 1965, broadcast                      collect routinely. For example, the                      6. AM, FM, and Television Stations.
                                                  licensees and permittees were also                      Commission eliminated the requirement                 We tentatively conclude that the Section
                                                  required to make copies of these                        that radio stations file network                      73.3613 paper filing requirement for
                                                  documents available via a local public                  affiliation and transcription contracts               licensees and permittees of commercial


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                                                                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules                                           6825

                                                  and noncommercial AM, FM, and                           73.3613 documents, and will reduce                    currently specified in Section
                                                  television stations should be eliminated.               burdens on licensees.                                 73.3613(e), which need not be filed with
                                                  While paper filings may have previously                    8. Accordingly, consistent with                    the Commission but must be kept at the
                                                  been the most efficient mechanism for                   comments to the Media Modernization                   station and made available for
                                                  ensuring that the Commission and the                    Initiative Public Notice, we tentatively              inspection upon request by the
                                                  public had ready access to these                        conclude that relying on the existing                 Commission under the current rule?
                                                  materials, we believe that is no longer                 public file rules—subject to the                      Similarly, how should we address
                                                  the case. The vast majority of                          proposed modifications discussed                      Section 73.3613(a)(1), which currently
                                                  Commission forms are now filed                          herein—will provide the Commission                    includes a definition of ‘‘network’’ that
                                                  electronically, and the Commission has                  and the public with sufficient access to              is cross-referenced in the
                                                  taken many recent steps to eliminate or                 Section 73.3613 documents for                         Telecommunications Act of 1996 and in
                                                  streamline paper submissions and other                  commercial and noncommercial AM,                      the Commission’s Dual Network Rule?
                                                  document retention obligations. For                     FM, and television stations. We seek                  We seek comment on these issues.
                                                  example, the transition to online public                comment on this tentative conclusion.                    11. Under Section 73.3613,
                                                  files, which is largely complete and will               Our existing public file rules provide                documents are required to be filed
                                                  be finalized in March 2018, has                         these stations with flexibility to select             within 30 days after execution. By
                                                  significantly reduced burdens on                        the disclosure method that is less                    contrast, the public file rules do not
                                                  stations and provided both the                          burdensome with respect to Section                    explicitly state how quickly licensees
                                                  Commission and the public with easy                     73.3613 documents. We therefore                       and permittees must add the documents
                                                  access to station information and                       propose to eliminate the Section                      listed in their most recent ownership
                                                  documents retained in the public                        73.3613 requirement that licensees and                report or update the list of such
                                                  inspection file.                                        permittees of commercial and                          documents, though licensees and
                                                                                                          noncommercial AM, FM, and television                  permittees are expected to update their
                                                     7. Indeed, the Section 73.3613
                                                                                                          stations file paper copies of such                    files in a timely fashion and to maintain
                                                  documents of commercial and
                                                                                                          documents with the Commission.                        orderly files. Is the existing practice for
                                                  noncommercial AM, FM, and television
                                                                                                          Instead, we propose that stations make                public file updates sufficient or should
                                                  stations are already available via their
                                                                                                          such documents available to the                       we adopt a specific timeframe for
                                                  public inspection files, and such access
                                                                                                          Commission and the public via the                     updating the Section 73.3613
                                                  will continue even without the Section                  options set forth in the existing public              documents in the station’s public file? If
                                                  73.3613 paper filing requirement.                       file requirement. We seek comment on                  so, how long (e.g., continue to require
                                                  Licensees and permittees of these                       this proposal.                                        updates within 30 days after execution,
                                                  stations currently file ownership reports                  9. As discussed above, our existing                consistent with the current practice
                                                  electronically on FCC Forms 323 and                     public file rules currently give stations             under Section 73.3613)? In addition to
                                                  323–E, and on these ownership reports                   the option of either (i) retaining copies             the specific issues discussed in Section
                                                  licensees and permittees are required to                of the documents listed in their                      B of this NPRM, we invite comment on
                                                  list all documents required to be filed                 ownership reports in the public file or               any other modifications or conforming
                                                  pursuant to Section 73.3613 for all of                  (ii) maintaining an up-to-date list of                changes to Section 73.3613, or any other
                                                  the stations covered by the report. Our                 such documents in the public file and                 Commission rule, that are necessary or
                                                  public file rules, contained in Section                 providing copies to a requesting party                appropriate to implement the proposals
                                                  73.3526 (commercial broadcast stations)                 within seven days. In order to preserve               discussed in this NPRM and on any
                                                  and Section 73.3527 (noncommercial                      the current level of access to these                  alternative proposals for making these
                                                  broadcast stations) of our rules, require               documents, we propose to clarify that a               documents available in a less costly and
                                                  that the licensees and permittees of                    station must ensure that its inventory of             more effective manner.
                                                  these stations make the documents                       Section 73.3613 documents in its public                  12. International Broadcast Stations.
                                                  listed in their ownership reports—i.e.,                 file is up to date, regardless of whether             Unlike AM, FM, and television stations,
                                                  their Section 73.3613 documents—                        the station chooses to retain copies or a             international broadcast stations do not
                                                  available for public inspection via their               list of documents in the public file, and             serve local communities in the United
                                                  public files. Specifically, the public file             provide copies of its Section 73.3613                 States. These stations, which are
                                                  rules require these licensees and                       documents to the Commission and the                   authorized on a seasonal basis, employ
                                                  permittees, at their discretion, to either              public within seven days upon request.                frequencies allocated to the
                                                  (i) retain in their public inspection files             We seek comment on this proposal.                     broadcasting service between 5900 and
                                                  copies of the documents listed in their                    10. For additional clarity, we also                26100 kHz, the transmissions of which
                                                  ownership reports or (ii) maintain an                   seek comment on whether to revise the                 are intended to be received in foreign
                                                  up-to-date list of such documents in                    relevant public file rules to refer                   countries. Currently, two seasons exist:
                                                  their public inspection files and provide               specifically to Section 73.3613, instead              A summer season and a winter season.
                                                  copies to a requesting party within                     of referencing the documents listed in                International broadcast stations, which
                                                  seven days. Our public file rules also                  ownership reports (which are the same                 are often operated by churches and
                                                  require licensees and permittees to                     as the Section 73.3613 documents). In                 other religious organizations, typically
                                                  retain copies of time brokerage                         the alternative, we seek comment on                   do not have network affiliations and do
                                                  agreements and joint sales agreements                   whether to eliminate Section 73.3613 of               not enter into time brokerage
                                                  involving a commercial AM, FM, or                       the rules entirely—subject to the                     arrangements or joint sales agreements.
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                                                  television station in the station’s public              discussion of international broadcast                 As of December 13, 2017, there were 16
                                                  file. In light of this existing requirement             stations below—and instead list these                 international broadcast stations
                                                  and after evaluating our own document                   same documents in Sections 73.3526                    operating. These stations are subject to
                                                  needs, we believe that eliminating the                  and 73.3527 of our rules. Which                       the Section 73.3613 filing requirements
                                                  paper filing requirement as discussed                   approach would most effectively keep                  but do not have public file obligations
                                                  herein will not meaningfully impact the                 licensees informed of their obligations?              like those applicable to AM, FM, and
                                                  ability of the Commission and other                     If we eliminate Section 73.3613, how                  television stations. Similarly, these
                                                  interested parties to review Section                    should we address the documents                       stations are not currently subject to the


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                                                  6826                  Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules

                                                  routine ownership reporting obligations                 international broadcast stations upon                 file for all participating stations; that is,
                                                  applicable to other broadcast services.                 request. We seek comment on how to                    under the current rules commercial
                                                     13. Based upon our review, we                        implement this requirement. Should the                broadcast stations cannot elect merely to
                                                  tentatively conclude that the current                   Commission’s rules continue to                        list these agreements in their public
                                                  justifications for requiring disclosure of              delineate the documents subject to                    files. Because Section 73.3613(d)
                                                  Section 73.3613 documents by                            disclosure (either in Section 73.3613 or              duplicates an existing public file
                                                  commercial and noncommercial AM,                        in a new rule section relevant only to                requirement for a limited subset of
                                                  FM, and television stations do not apply                international broadcast stations) or is               TBAs and JSAs, we tentatively conclude
                                                  to international broadcast stations. As                 the Commission’s general authority to                 that we may eliminate this requirement
                                                  mentioned above, for example, licensees                 request relevant information during an                as it applies to commercial stations. We
                                                  and permittees of commercial and                        investigation or to otherwise fulfill its             believe that elimination is appropriate,
                                                  noncommercial AM, FM, and television                    statutory obligations sufficient?                     regardless of the disclosure requirement
                                                  stations are required to list Section                      15. We seek comment on these                       that may ultimately be selected. Under
                                                  73.3613 documents in the broadcast                      proposals. Is there a continuing need for             the current rule, attributable TBAs and
                                                  ownership reports they file with the                    these licensees and permittees to                     attributable JSAs—like all other Section
                                                  Commission and make copies of such                      routinely file paper copies of Section                73.3613 documents—must be filed with
                                                  documents available via a public                        73.3613 documents with the                            the Commission within 30 days of
                                                  inspection file, but international                      Commission? What is the value, if any,                execution. However, our existing public
                                                  broadcast stations are not subject to                   of retaining the Section 73.3613 paper                file rules do not explicitly state how
                                                  such obligations. Previously,                           filing requirement for international                  quickly licensees and permittees must
                                                  international broadcast stations were                   broadcast stations for the Commission                 add these documents to their public file.
                                                  subject to the ownership reporting                      and the public? Would eliminating the                 As noted above, however, we are
                                                  requirements that applied to AM, FM,                    requirement and retaining our ability to              seeking comment on whether to adopt a
                                                  and television stations, but this is no                 obtain Section 73.3613 documents upon                 specific timeframe for updating Section
                                                  longer the case. While the disclosure of                request adequately ensure that the                    73.3613 documents. We seek comment
                                                  Section 73.3613 documents by                            Commission will have access to                        on this issue.
                                                  commercial and noncommercial AM,                        information concerning ownership and                     17. Unlike commercial stations,
                                                  FM, and television stations supplements                 control of international broadcast                    noncommercial stations are not
                                                  the ownership information that they                     stations and compliance with our rules?               currently required to maintain copies of
                                                  must routinely report to the                            Are there any reasons that would                      all TBAs or JSAs in their public
                                                  Commission, the same is not true for                    support a requirement that international              inspection files; rather, under our public
                                                  international broadcast stations.                       broadcast stations make these                         file rules, these stations have the option
                                                  Furthermore, these stations are not                     documents available to members of the                 of only maintaining a list of all Section
                                                  subject to the ownership rules                          public? If so, what is the least costly and           73.3613 documents, including certain
                                                  applicable to commercial AM, FM, and                    most effective manner of doing so? We                 TBAs and JSAs, and must provide a
                                                  television stations, nor are they subject               note that these stations transmit                     copy of these documents to requesting
                                                  to the relevant operational provisions                  programming that is intended to be                    parties. When the Commission adopted
                                                  applicable to noncommercial stations.                   received in foreign countries and are not             the public file rules requiring that all
                                                  Moreover, it does not appear that the                   required to have public inspection files,             TBAs and/or JSAs involving commercial
                                                  Section 73.3613 documents that                          and thus do not currently make Section                stations be placed in the public
                                                  international broadcast stations are                    73.3613 documents available to the U.S.               inspection file, it did not discuss a
                                                  required to file with the Commission                    public in that manner. And, considering               similar requirement for noncommercial
                                                  have been reviewed by Commission                        the very small number of stations                     stations. Given the nature of and rules
                                                  staff in the recent past. Accordingly, we               operating nationally, Section 73.3613                 applicable to the noncommercial
                                                  tentatively conclude that there is no                   documents of international broadcast                  service, it is likely that TBAs and JSAs
                                                  need to continue requiring the licensees                stations may be of little relevance to the            involving noncommercial stations are
                                                  and permittees of international                         U.S. public. We seek comment on these                 not as prevalent as those involving
                                                  broadcast stations to routinely file                    issues.                                               commercial stations. Accordingly, no
                                                  Section 73.3613 documents with the                         16. Time Brokerage Agreements and                  change to Section 73.3613(d) is
                                                  Commission.                                             Joint Sales Agreements. A time                        necessary with respect to
                                                     14. Instead, we believe that the                     brokerage agreement (TBA), also                       noncommercial stations, which are
                                                  Commission’s information needs can be                   referred to as local marketing agreement              already required to list these agreements
                                                  met by retaining our ability to obtain                  (LMA), involves the sale by a licensee                in their public files and make them
                                                  these documents from licensees and                      of discrete blocks of time to a broker                available upon request. We seek
                                                  permittees of international broadcast                   that supplies the programming to fill                 comment on this issue.
                                                  stations upon request, as needed. For                   that time and sells the commercial spot                  18. Redaction of Confidential or
                                                  example, if there are concerns about the                announcements in it. A joint sales                    Proprietary Information. Section
                                                  ownership or control of an international                agreement (JSA) is an agreement that                  73.3613 explicitly allows the redaction
                                                  broadcast station, the Commission could                 authorizes a broker to sell some or all               of confidential or proprietary
                                                  request copies of the relevant Section                  of the advertising time on the brokered               information for attributable TBAs and
                                                  73.3613 documents as part of an                         station. Pursuant to Section 73.3613(d),              JSAs, provided that unredacted versions
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                                                  investigation. For purposes of enforcing                attributable TBAs and attributable JSAs               of the agreements shall be provided to
                                                  the statutory bar against de facto                      must be filed with the Commission by                  the Commission upon request. A similar
                                                  transfers of control of an international                the brokering station. In addition, our               rule applies to TBAs and JSAs required
                                                  broadcast station without prior                         existing public file rule for commercial              to be placed in the public inspection
                                                  Commission authorization, we believe                    stations requires that all TBAs and JSAs              file. Section 73.3613 does not currently
                                                  that it is sufficient to retain our ability             involving commercial stations,                        provide for redaction of other
                                                  to obtain Section 73.3613 documents                     regardless of their attribution status,               agreements filed pursuant to the
                                                  from licensees and permittees of                        also be placed in the public inspection               provision. However, the Commission’s


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                                                                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules                                            6827

                                                  general rules provide a procedure for                   presentation must (1) list all persons                Secretary, Federal Communications
                                                  seeking such redactions, and other                      attending or otherwise participating in               Commission.
                                                  agreements filed pursuant to this section               the meeting at which the ex parte                       • All hand-delivered or messenger-
                                                  that contain confidential or proprietary                presentation was made, and (2)                        delivered paper filings for the
                                                  information are routinely submitted to                  summarize all data presented and                      Commission’s Secretary must be
                                                  the Commission in both redacted and                     arguments made during the                             delivered to FCC Headquarters at 445
                                                  unredacted forms along with a request                   presentation. If the presentation                     12th St. SW, Room TW–A325,
                                                  for confidential treatment. We have no                  consisted in whole or in part of the                  Washington, DC 20554. The filing hours
                                                  evidence that this practice—both the                    presentation of data or arguments                     are 8:00 a.m. to 7:00 p.m. All hand
                                                  specific provisions allowing the                        already reflected in the presenter’s                  deliveries must be held together with
                                                  redaction of TBAs and JSAs and the                      written comments, memoranda or other                  rubber bands or fasteners. Any
                                                  routine submission of redacted and                      filings in the proceeding, the presenter              envelopes and boxes must be disposed
                                                  unredacted versions of other 73.3613                    may provide citations to such data or                 of before entering the building.
                                                  documents pursuant to Section 0.459 of                  arguments in his or her prior comments,                 • Commercial overnight mail (other
                                                  the Commission’s rules—has impaired                     memoranda, or other filings (specifying               than U.S. Postal Service Express Mail
                                                  the ability of the Commission or other                  the relevant page and/or paragraph                    and Priority Mail) must be sent to 9050
                                                  interested parties to evaluate these                    numbers where such data or arguments                  Junction Drive, Annapolis Junction, MD
                                                  agreements. Accordingly, we tentatively                 can be found) in lieu of summarizing                  20701.
                                                  conclude that Section 73.3613’s specific                them in the memorandum. Documents                       • U.S. Postal Service first-class,
                                                  provision allowing the redaction of                     shown or given to Commission staff                    Express, and Priority mail must be
                                                  TBAs and JSAs, including the                            during ex parte meetings are deemed to                addressed to 445 12th Street SW,
                                                  requirement that unredacted copies                      be written ex parte presentations and                 Washington, DC 20554.
                                                  shall be made available to the                          must be filed consistent with rule                      22. Availability of Documents.
                                                  Commission upon request, should apply                   1.1206(b). In proceedings governed by                 Comments, reply comments, and ex
                                                  to all Section 73.3613 documents to the                 rule 1.49(f) or for which the                         parte submissions will be available for
                                                  extent that they contain confidential or                Commission has made available a                       public inspection during regular
                                                  proprietary information. Under our                      method of electronic filing, written ex               business hours in the FCC Reference
                                                  proposal herein, redaction would only                   parte presentations and memoranda                     Center, Federal Communications
                                                  be necessary when a document is posted                  summarizing oral ex parte                             Commission, 445 12th Street SW, CY–
                                                  to the online public file or provided to                presentations, and all attachments                    A257, Washington, DC 20554. These
                                                  the Commission or the public upon                       thereto, must be filed through the                    documents will also be available via
                                                  request. We seek comment on this                        electronic comment filing system                      ECFS. Documents will be available
                                                  tentative conclusion.                                   available for that proceeding, and must               electronically in ASCII, Microsoft Word,
                                                  Procedural Matters                                      be filed in their native format (e.g., .doc,          and/or Adobe Acrobat.
                                                                                                          .xml, .ppt, searchable .pdf). Participants              23. People with Disabilities. To
                                                     19. Initial Paperwork Reduction Act
                                                                                                          in this proceeding should familiarize                 request materials in accessible formats
                                                  Analysis. This document contains
                                                                                                          themselves with the Commission’s ex                   for people with disabilities (Braille,
                                                  proposed modified information
                                                                                                          parte rules.                                          large print, electronic files, audio
                                                  collection requirements. The
                                                  Commission, as part of its continuing                      21. Comments and Replies. Pursuant                 format), send an email to fcc504@fcc.gov
                                                  effort to reduce paperwork burdens,                     to sections 1.415 and 1.419 of the                    or call the FCC’s Consumer and
                                                  invites the general public and the Office               Commission’s rules, 47 CFR 1.415 and                  Governmental Affairs Bureau at (202)
                                                  of Management and Budget (OMB) to                       1.419, interested parties may file                    418–0530 (voice), (202) 418–0432
                                                  comment on the information collection                   comments and reply comments on or                     (TTY).
                                                  requirements contained in this                          before the dates indicated on the first                 24. Additional Information. For
                                                  document, as required by the Paperwork                  page of this document. Comments may                   additional information on this
                                                  Reduction Act of 1995, Public Law 104–                  be filed using the Commission’s                       proceeding, contact Christopher Clark of
                                                  13. In addition, pursuant to the Small                  Electronic Comment Filing System                      the Industry Analysis Division, Media
                                                  Business Paperwork Relief Act of 2002,                  (ECFS). Electronic Filing of Documents                Bureau, at (202) 418–2609.
                                                  Public Law 107–198, see 44 U.S.C.                       in Rulemaking Proceedings, 63 FR
                                                                                                          24121 (1998).                                         Initial Regulatory Flexibility Act
                                                  3506(c)(4), we seek specific comment on                                                                       Analysis
                                                  how we might further reduce the                            • Electronic Filers: Comments may be
                                                  information collection burden for small                 filed electronically using the internet by              25. As required by the Regulatory
                                                  business concerns with fewer than 25                    accessing the ECFS: http://                           Flexibility Act of 1980, as amended
                                                  employees.                                              fjallfoss.fcc.gov/ecfs2/.                             (RFA) the Commission has prepared this
                                                     20. Ex Parte Rules. This proceeding                     • Paper Filers: Parties who choose to              Initial Regulatory Flexibility Act
                                                  shall be treated as a ‘‘permit-but-                     file by paper must file an original and               Analysis (IRFA) of the possible
                                                  disclose’’ proceeding in accordance                     one copy of each filing. If more than one             significant economic impact on a
                                                  with the Commission’s ex parte rules.                   docket or rulemaking number appears in                substantial number of small entities by
                                                  Persons making ex parte presentations                   the caption of this proceeding, filers                the policies and rules proposed in this
                                                  must file a copy of any written                         must submit two additional copies for                 NPRM. Written public comments are
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                                                  presentation or a memorandum                            each additional docket or rulemaking                  requested on this IRFA. Comments must
                                                  summarizing any oral presentation                       number.                                               be identified as responses to the IRFA
                                                  within two business days after the                         Filings can be sent by hand or                     and must be filed by the deadlines for
                                                  presentation (unless a different deadline               messenger delivery, by commercial                     comments provided on the first page of
                                                  applicable to the Sunshine period                       overnight courier, or by first-class or               the NPRM. The Commission will send a
                                                  applies). Persons making oral ex parte                  overnight U.S. Postal Service mail. All               copy of the NPRM, including this IRFA,
                                                  presentations are reminded that                         filings must be addressed to the                      to the Chief Counsel for Advocacy of the
                                                  memoranda summarizing the                               Commission’s Secretary, Office of the                 Small Business Administration (SBA).


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                                                  6828                  Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules

                                                     26. Need for, and Objectives of, the                 seeks comment are intended to reduce                  Access Pro Radio Database on January 8,
                                                  Proposed Rules. In this NPRM, the                       unnecessary regulation and regulatory                 2018, about 11,372 (or about 99.9
                                                  Commission seeks comment on how to                      burdens that can impede competition                   percent) of 11,383 commercial radio
                                                  modernize Section 73.3613 of the                        and innovation in the media                           stations had revenues of $38.5 million
                                                  Commission’s rules, which requires                      marketplace.                                          or less and thus qualify as small entities
                                                  each licensee or permittee of a                            28. Legal Basis. The proposed action               under the SBA definition. The
                                                  commercial and noncommercial AM,                        is authorized pursuant to Sections 1,                 Commission has estimated the number
                                                  FM, television, or international                        4(i), 4(j), 303(r), 309, 310, and 336 of the          of licensed commercial AM radio
                                                  broadcast station to file certain contracts             Communications Act of 1934, as                        stations to be 4,639 stations and the
                                                  and other documents with the                            amended, 47 U.S.C. 151, 154(i), 154(j),               number of commercial FM radio
                                                  Commission within 30 days after                         303(r), 309, 310, and 336.                            stations to be 6,744, for a total number
                                                  execution. The types of documents that                     29. Description and Estimates of the               of 11,383. We note the Commission has
                                                  must be filed with the Commission                       Number of Small Entities to Which the                 also estimated the number of licensed
                                                  under the current rule include network                  Proposed Rules Will Apply. The RFA                    noncommercial (NCE) FM radio stations
                                                  affiliation agreements between a                        directs agencies to provide a description             to be 4,120. Nevertheless, the
                                                  television station and a national                       of and, where feasible, an estimate of                Commission does not compile and
                                                  network; documents that relate to                       the number of small entities that may be              otherwise does not have access to
                                                  ownership or control of the licensee or                 affected by the proposed rules, if                    information on the revenue of NCE
                                                  permittee; contracts that relate to                     adopted. The RFA generally defines the                stations that would permit it to
                                                  management of a station by someone                      term ‘‘small entity’’ as having the same              determine how many such stations
                                                  other than a regular employee, officer,                 meaning as the terms ‘‘small business,’’              would qualify as small entities.
                                                  or director of the station, or by any                   ‘‘small organization,’’ and ‘‘small                      33. We also note, that in assessing
                                                  person where the contract also provides                 governmental jurisdiction.’’ In addition,             whether a business entity qualifies as
                                                  for both a percentage of profits and                    the term ‘‘small business’’ has the same              small under the above definition,
                                                  sharing in losses; attributable time                    meaning as the term ‘‘small business                  business control affiliations must be
                                                  brokerage agreements; and attributable                  concern’’ under the Small Business Act.               included. Business concerns are
                                                  joint sales agreements. In addition, the                A small business concern is one which:                affiliates of each other when one
                                                  current rule also requires that the                     (1) Is independently owned and                        concern controls or has the power to
                                                  following documents be kept at the                      operated; (2) is not dominant in its field            control the other, or a third party or
                                                  station and made available for                          of operation; and (3) satisfies any                   parties controls or has power to control
                                                  inspection upon request by the                          additional criteria established by the                both. The Commission’s estimate
                                                                                                          SBA. Application of the statutory                     therefore likely overstates the number of
                                                  Commission: Subchannel leasing
                                                                                                          criteria of dominance in its field of                 small entities that might be affected by
                                                  agreements for Subsidiary
                                                                                                          operation and independence are                        its action, because the revenue figure on
                                                  Communications Authorization
                                                                                                          sometimes difficult to apply in the                   which it is based does not include or
                                                  operation; franchise/leasing agreements
                                                                                                          context of broadcast television.                      aggregate revenues from affiliated
                                                  for operation of telecommunications
                                                                                                          Accordingly, the Commission’s                         companies. In addition, to be
                                                  services on the television vertical
                                                                                                          statistical account of television stations            determined a ‘‘small business,’’ an
                                                  blanking interval and in the visual
                                                                                                          may be over-inclusive.                                entity may not be dominant in its field
                                                  signal; time sales contracts with the                      30. The rules proposed herein will                 of operation. We further note that it is
                                                  same sponsor for four or more hours per                 directly affect small radio, television,              difficult at times to assess these criteria
                                                  day, except where the length of the                     and international broadcast stations.                 in the context of media entities, and the
                                                  events broadcast is not under control of                Below, we provide a description of                    estimate of small businesses to which
                                                  the station; and contracts with chief                   these small entities, as well as an                   these rules may apply does not exclude
                                                  operators. The potential rule changes                   estimate of the number of such small                  any radio station from the definition of
                                                  discussed in the NPRM stem from a                       entities, where feasible.                             a small business on these basis; thus,
                                                  Public Notice issued by the Commission                     31. Radio Stations. This Economic                  our estimate of small businesses may
                                                  in May 2017 launching an initiative to                  Census category comprises                             therefore be over-inclusive. Also, as
                                                  modernize the Commission’s media                        establishments primarily engaged in                   noted above, an additional element of
                                                  regulations. Several commenters in the                  broadcasting aural programs by radio to               the definition of ‘‘small business’’ is that
                                                  proceeding have argued that the                         the public. Programming may originate                 the entity must be independently owned
                                                  Commission should amend Section                         in their own studio, from an affiliated               and operated. The Commission notes
                                                  73.3613 to eliminate the paper filing                   network, or from external sources. The                that it is difficult at times to assess these
                                                  requirement and other duplicate or                      SBA has established a small business                  criteria in the context of media entities,
                                                  unnecessary filing requirements.                        size standard for this category as firms              and the estimates of small businesses to
                                                     27. The NPRM proposes to eliminate                   having $38.5 million or less in annual                which they apply may be over-inclusive
                                                  the Section 73.3613 paper filing                        receipts. Economic Census data for 2012               to this extent.
                                                  requirement for licensees and                           shows that 2,849 radio station firms                     34. Television Broadcasting. This
                                                  permittees of commercial and                            operated during that year. Of that                    Economic Census category comprises
                                                  noncommercial AM, FM, television, and                   number, 2,806 firms operated with                     establishments primarily engaged in
                                                  international broadcast stations. In                    annual receipts of less than $25 million              broadcasting images together with
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                                                  addition, the NPRM also seeks comment                   per year, 17 with annual receipts                     sound. These establishments operate
                                                  on other proposed modifications to                      between $24,999,999 and $50 million,                  television broadcast studios and
                                                  broadcasters’ current obligations under                 and 26 with annual receipts of $50                    facilities for the programming and
                                                  Section 73.3613, including, among other                 million or more. Therefore, based on the              transmission of programs to the public.
                                                  things, eliminating certain redundant                   SBA’s size standard the majority of such              These establishments also produce or
                                                  filing obligations and providing                        entities are small entities.                          transmit visual programming to
                                                  enhanced confidentiality protections.                      32. According to Commission staff                  affiliated broadcast television stations,
                                                  The rule revisions on which the NPRM                    review of the BIA/Kelsey, LLC’s Media                 which in turn broadcast the programs to


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                                                                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules                                           6829

                                                  the public on a predetermined schedule.                 be independently owned and operated.                  execution, consistent with the current
                                                  Programming may originate in their own                  The Commission notes that it is difficult             practice under Section 73.3613).
                                                  studio, from an affiliated network, or                  at times to assess these criteria in the                 41. Recordkeeping Requirements. The
                                                  from external sources. The SBA has                      context of media entities and its                     existing public file rules currently give
                                                  created the following small business                    estimates of small businesses to which                stations the option of either (i) retaining
                                                  size standard for such businesses: Those                they apply may be over-inclusive to this              copies of the documents listed in their
                                                  having $38.5 million or less in annual                  extent.                                               ownership reports in the public file or
                                                  receipts. The 2012 Economic Census                         37. International Broadcast Stations.              (ii) maintaining an up-to-date list of
                                                  reports that 751 firms in this category                 Neither the Commission nor the SBA                    such documents in the public file and
                                                  operated in that year. Of this number,                  has developed a definition of small                   providing copies to a requesting party
                                                  656 had annual receipts of $25 million                  entities specifically applicable to                   within seven days. To preserve the
                                                  or less, 25 had annual receipts between                 International Broadcast Stations. The                 current level of access to these
                                                  $24,999,999 and $50 million, and 70                     closest applicable SBA size standards                 documents, the NPRM proposes to
                                                  had annual receipts of $50 million or                   and U.S. Census Bureau category is                    clarify that a station must maintain an
                                                  more. Based on this data we therefore                   Radio Stations. Establishments in this                up-to-date inventory of its Section
                                                  estimate that the majority of commercial                industry are primarily engaged in                     73.3613 documents in its public file,
                                                  television broadcasters are small entities              broadcasting aural programs by radio to               regardless of whether the station
                                                  under the applicable SBA size standard.                 the public with programming that may                  chooses to retain copies or a list of
                                                     35. The Commission has estimated                     originate in their own studio, from an                documents in the public file, and
                                                  the number of licensed commercial                       affiliated network, or from external                  provide copies of its Section 73.3613
                                                  television stations to be 1,377. Of this                sources. The SBA small business size                  documents to the Commission and the
                                                  total, 1,257 stations had revenues of                   standard for this category is firms                   public within seven days upon request.
                                                  $38.5 million or less, according to                     having $38.5 million or less in annual                   42. Other Compliance Requirements.
                                                  Commission staff review of the BIA                      receipts. U.S. Census Bureau data for                 Section 73.3613 explicitly allows the
                                                  Kelsey Inc. Media Access Pro Television                 2012 shows that 2,849 radio station                   redaction of confidential or proprietary
                                                  Database (BIA) on January 8, 2018, and                  firms operated during that year. Of that              information for attributable TBAs and
                                                  therefore these licensees qualify as                    number, 2,806 firms operated with                     JSAs, provided that unredacted versions
                                                  small entities under the SBA definition.                annual receipts of less than $25 million              of the agreements shall be provided to
                                                  In addition, the Commission has                         per year, 17 with annual receipts                     the Commission upon request. The rule
                                                  estimated the number of licensed                        between $24,999,999 and $50 million,                  does not currently provide for redaction
                                                  noncommercial educational (NCE)                         and 26 with annual receipts of $50                    of other agreements filed pursuant to the
                                                  television stations to be 390.                          million or more. Therefore, based on the              provision. The NPRM tentatively
                                                  Notwithstanding, the Commission does                    SBA’s size standard the majority of                   concludes that Section 73.3613’s
                                                  not compile and otherwise does not                      entities in this industry are small                   specific provision allowing the
                                                  have access to information on the                       entities.                                             redaction of TBAs and JSAs, including
                                                  revenue of NCE stations that would                         38. According to the Commission’s                  the requirement that unredacted copies
                                                  permit it to determine how many such                    records there were 16 international                   shall be made available to the
                                                  stations would qualify as small entities.               broadcast stations operating as of                    Commission upon request, should apply
                                                     36. We note, however, that in                        December 13, 2017. The Commission                     to all Section 73.3613 documents to the
                                                  assessing whether a business concern                    however does not request nor collect                  extent that they contain confidential or
                                                  qualifies as ‘‘small’’ under the above                  annual revenue information; therefore,                proprietary information. Under this
                                                  definition, business (control) affiliations             the Commission is unable to estimate                  proposal, redaction would only be
                                                  must be included. Business concerns are                 the number of international broadcast                 necessary when a document is posted to
                                                  affiliates of each other when one                       stations that would constitute a small                the online public file or provided to the
                                                  concern controls or has the power to                    business under the SBA definition.                    Commission or the public upon request.
                                                  control the other or a third party or                      39. Description of Projected                          43. The proposed revisions to Section
                                                  parties controls or has the power to                    Reporting, Recordkeeping, and Other                   73.3613 will relieve affected broadcast
                                                  control both. Our estimate, therefore,                  Compliance Requirements. In this                      stations, including smaller stations, of
                                                  likely overstates the number of small                   section, we identify the reporting,                   the obligation to file certain information
                                                  entities that might be affected by our                  recordkeeping, and other compliance                   with the Commission. And although
                                                  action, because the revenue figure on                   requirements proposed in the NPRM                     there were not any comments filed
                                                  which it is based does not include or                   and consider whether small entities are               providing specific information
                                                  aggregate revenues from affiliated                      affected disproportionately by any such               quantifying the costs and administrative
                                                  companies. In addition, another element                 requirements.                                         burdens of complying with the existing
                                                  of the definition of ‘‘small business’’                    40. Reporting Requirements. The                    Section 73.3613 filing requirements, and
                                                  requires that an entity not be dominant                 NPRM seeks comment on how quickly                     we cannot precisely estimate the impact
                                                  in its field of operation. We are unable                licensees and permittees must update                  on small entities of eliminating those
                                                  at this time to define or quantify the                  the Section 73.3613 documents in their                requirements, no party in the Media
                                                  criteria that would establish whether a                 public file or update the list of such                Modernization proceeding, including
                                                  specific television broadcast station is                documents. Presently, licensees and                   smaller entities, has opposed the
                                                  dominant in its field of operation.                     permittees are expected to update their               proposals discussed in the NPRM. We
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                                                  Accordingly, the estimate of small                      files in a timely fashion and to maintain             therefore find it reasonable to conclude
                                                  businesses to which rules may apply                     orderly files. The NPRM seeks comment                 that the benefits of adopting the
                                                  does not exclude any television station                 on whether to retain the existing                     proposals discussed therein would
                                                  from the definition of a small business                 practice for public file updates or to                outweigh any costs.
                                                  on this basis and is therefore possibly                 adopt a specific timeframe for updating                  44. Steps Taken to Minimize
                                                  over-inclusive. Also, as noted above, an                the Section 73.3613 documents in the                  Significant Economic Impact on Small
                                                  additional element of the definition of                 station’s public file (e.g., continue to              Entities, and Significant Alternatives
                                                  ‘‘small business’’ is that the entity must              require updates within 30 days after                  Considered. The RFA requires an


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                                                  6830                  Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Proposed Rules

                                                  agency to describe any significant,                     Commission has invited comment on                     Fishery Management Council (Gulf
                                                  specifically small business, alternatives               modifications or conforming changes to                Council). This proposed rule would
                                                  that it has considered in reaching its                  Section 73.3613, or any other                         revise the mutton snapper commercial
                                                  proposed approach, which may include                    Commission rule, that are necessary or                and recreational minimum size limits,
                                                  the following four alternatives (among                  appropriate to implement the proposals                the recreational bag limit, and the stock
                                                  others): (1) The establishment of                       discussed in the NPRM and on any                      annual catch limit (ACL). In addition,
                                                  differing compliance or reporting                       alternative proposals for making these                this proposed rule would revise the gag
                                                  requirements or timetables that take into               documents available in a less costly and              commercial minimum size limit. The
                                                  account the resources available to small                more effective manner. The Commission                 purpose of this proposed rule is to
                                                  entities; (2) the clarification,                        will review and analyze any information               reduce harvest of mutton snapper to
                                                  consolidation, or simplification of                     received in promulgating any final rules              prevent overfishing while also achieving
                                                  compliance and reporting requirements                   in this proceeding.                                   optimum yield (OY), and to streamline
                                                  under the rule for such small entities;                    48. Federal Rules that May Duplicate,              management measures to help increase
                                                  (3) the use of performance, rather than                 Overlap, or Conflict with the Proposed                compliance with the fishing regulations
                                                  design, standards; and (4) an exemption                 Rule. None.                                           for mutton snapper and gag in the
                                                  from coverage of the rule, or any part                     49. Ordering Clauses. Accordingly, it              exclusive economic zone (EEZ) of the
                                                  thereof, for small entities.                            is ordered that, pursuant to the                      Gulf off Florida.
                                                     45. The NPRM proposes to amend                       authority found in sections 1, 4(i), 4(j),            DATES: Written comments must be
                                                  Section 73.3613 to eliminate the paper                  303(r), 309, 310, and 336 of the                      received by March 17, 2018.
                                                  filing requirement for Section 73.3613                  Communications Act of 1934, as                        ADDRESSES: You may submit comments
                                                  documents, and seeks comment on                         amended, 47 U.S.C. 151, 154(i), 154(j),               on the proposed rule, identified by
                                                  other proposed modifications to                         303(r), 309, 310, and 336, this Notice of             ‘‘NOAA–NMFS–2017–0082’’ by either
                                                  broadcasters’ current obligations under                 Proposed Rulemaking is adopted.                       of the following methods:
                                                  Section 73.3613, including, among other                    50. It is further ordered that the                    • Electronic Submission: Submit all
                                                  things, eliminating certain redundant                   Commission’s Consumer and                             electronic comments via the Federal
                                                  filing obligations and providing                        Governmental Affairs Bureau, Reference                Rulemaking Portal. Go to
                                                  enhanced confidentiality protections.                   Information Center, shall send a copy of              www.regulations.gov/NOAA–NMFS–
                                                  Under the proposal in the NPRM,                         this Notice of Proposed Rulemaking,                   2017–0082, click the ‘‘Comment Now!’’
                                                  redaction of confidential or proprietary                including the Initial Regulatory                      icon, complete the required fields, and
                                                  information would only be necessary                     Flexibility Act Analysis, to the Chief                enter your attached comments.
                                                  when a document is posted to the                        Counsel for Advocacy of the Small                        • Mail: Submit all written comments
                                                  online public file or provided to the                   Business Administration.                              to Rich Malinowski, NMFS Southeast
                                                  Commission or the public upon request.
                                                                                                          Federal Communications Commission.                    Regional Office (SERO), 263 13th
                                                  The rule changes proposed in the
                                                                                                          Marlene H. Dortch,                                    Avenue South, St. Petersburg, FL 33701.
                                                  NPRM, if adopted, would relieve                                                                                  Instructions: Comments sent by any
                                                  broadcast licensees and permittees,                     Secretary.
                                                                                                                                                                other method, to any other address or
                                                  including small entities, of the time and               [FR Doc. 2018–03098 Filed 2–14–18; 8:45 am]
                                                                                                                                                                individual, or received after the end of
                                                  expense associated with filing paper                    BILLING CODE 6712–01–P
                                                                                                                                                                the comment period, may not be
                                                  copies of Section 73.3613 documents
                                                                                                                                                                considered by NMFS. All comments
                                                  with the Commission.
                                                                                                                                                                received are a part of the public record
                                                     46. For licensees and permittees of
                                                                                                          DEPARTMENT OF COMMERCE                                and will generally be posted for public
                                                  commercial and noncommercial AM,
                                                  FM, and television stations, the NPRM                                                                         viewing on www.regulations.gov
                                                                                                          National Oceanic and Atmospheric                      without change. All personal identifying
                                                  proposes to rely instead on the                         Administration
                                                  Commission’s existing public file rules,                                                                      information (e.g., name, address),
                                                  which already require that these                                                                              confidential business information, or
                                                                                                          50 CFR Part 622                                       otherwise sensitive information
                                                  licensees and permittees make copies of
                                                  Section 73.3613 documents available to                  [Docket No. 170627600–8076–01]                        submitted voluntarily by the sender will
                                                  the public. The existing public file rules                                                                    be publicly accessible. NMFS will
                                                                                                          RIN 0648–BG99                                         accept anonymous comments (enter ‘‘N/
                                                  provide these licensees and permittees
                                                  with flexibility to select the disclosure                                                                     A’’ in required fields if you wish to
                                                                                                          Fisheries of the Caribbean, Gulf of                   remain anonymous).
                                                  method that is less burdensome with                     Mexico, and South Atlantic; Reef Fish
                                                  respect to Section 73.3613 documents,                                                                            Electronic copies of the framework
                                                                                                          Fishery of the Gulf of Mexico; Mutton                 action, which includes an
                                                  while still ensuring timely access to the               Snapper and Gag Management
                                                  documents by the public and the                                                                               environmental assessment, Regulatory
                                                                                                          Measures                                              Flexibility Act (RFA) analysis, and a
                                                  Commission. For international
                                                  broadcast stations, the NPRM proposes                   AGENCY:  National Marine Fisheries                    regulatory impact review, may be
                                                  that the Commission retain its ability to               Service (NMFS), National Oceanic and                  obtained from www.regulations.gov or
                                                  obtain Section 73.3613 documents from                   Atmospheric Administration (NOAA),                    the SERO website at http://
                                                  licensees and permittees of these                       Commerce.                                             sero.nmfs.noaa.gov/sustainable_
                                                  stations upon request, as needed.                                                                             fisheries/gulf_fisheries/reef_fish/2017/
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                                                                                                          ACTION: Proposed rule; request for
                                                     47. We anticipate that affected small                                                                      mutton_gag/mutton_gag_index.html.
                                                                                                          comments.
                                                  entities will only benefit from the                                                                           FOR FURTHER INFORMATION CONTACT: Rich
                                                  revisions proposed in the NPRM.                         SUMMARY:  NMFS proposes to implement                  Malinowski, NMFS SERO, telephone:
                                                  However, in an effort to better                         management measures described in a                    727–824–5305, email:
                                                  understand the impact and identify                      framework action to the Fishery                       Rich.Malinowski@noaa.gov.
                                                  alternative actions that can be taken to                Management Plan for the Reef Fish                     SUPPLEMENTARY INFORMATION: The Gulf
                                                  minimize any significant economic                       Resources of the Gulf of Mexico (FMP),                reef fish fishery includes mutton
                                                  impact on small entities, the                           as prepared by the Gulf of Mexico (Gulf)              snapper and gag and is managed under


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Document Created: 2018-02-15 00:21:09
Document Modified: 2018-02-15 00:21:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due on or before March 19, 2018. Reply comments are due on or before April 2, 2018.
ContactChristopher Clark of the Industry Analysis Division, Media Bureau, at (202) 418-2609.
FR Citation83 FR 6823 

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