Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS

Similar documents
PETITION FOR REVIEW. Pursuant to 47 U.S.C. 402(a), 28 U.S.C. 2342(1) and 2344, and Federal

COMMENTS ON PETITIONS FOR RECONSIDERATION

Congress made clear its intention that these process improvements should be more ministerial than substantive and generally uncontroversial.

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

BILLING CODE P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission. 18 CFR Part 33. [Docket No. RM ]

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) )


DEPARTMENT OF HOMELAND SECURITY Billing Code Agency Information Collection Activities: Notice of Entry of Appearance as Attorney or

Federal Communications Commission DA Before the Federal Communications Commission Washington, D.C ORDER

August 29, VIA ELECTRONIC SUBMISSION

Agency Information Collection Activities; Revision of a Currently Approved Collection:

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Agency Information Collection Activities; Revision of a Currently Approved Collection:

DEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection [ ] NAFTA Regulations and Certificate of Origin

DEPARTMENT OF TRANSPORTATION. National Highway Traffic Safety Administration. [Docket No. NHTSA ]

OSHA-7 Form ( Notice of Alleged Safety and Health Hazard ); Extension of. the Office of Management and Budget s Approval of Information Collection

Agency Information Collection Activities; Revision of a Currently Approved Collection:

ORAL ARGUMENT SCHEDULED FOR NOVEMBER 9, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Proposed Information Collection; Comment Request; Redistricting Data Program

Amendments to the Commission s Freedom of Information Act Regulations

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

Comments on SEC Release No Universal Proxy (File No. S )

Proposed Agency Information Collection Activities; Comment Request

Agency Information Collection Activities; Submission for OMB Review; Comment

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

DEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection [ ] Agency Information Collection Activities:

Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical

Approved by OMB (September 2009)

GEORGETOWN LAW INSTITUTE FOR PUBLIC REPRESENTATION

United States Patent and Trademark Office. Substantive Submissions Made During Prosecution of the

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) )

Before the U.S. DEPARTMENT OF JUSTICE, ANTITRUST DIVISION Washington, D.C. COMMENTS OF NATIONAL ASSOCIATION OF BROADCASTERS. Introduction and Summary

Approved by OMB (March 2011)

DEPARTMENT OF HOMELAND SECURITY. 8 CFR Parts 204 and 216. CIS No ; DHS Docket No. USCIS RIN 1615-AC11

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) )

DEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection [ ] Agency Information Collection Activities:

Agency Information Collection Activities; Proposed ecollection ecomments Requested;

Reference Copy Only. Do Not Mail to the FCC as an Application.

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

135 FERC 61,167 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION. North American Electric Reliability Corporation

Case 1:18-cv LY Document 1 Filed 08/10/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

60-Day Notice of Proposed Information Collection: Application for Nonimmigrant

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) COMMENTS OF COMPTEL

E-Verify Program; Revision of a Currently Approved Collection OMB Control No.: Submitted Via:

10126 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Rules and Regulations

Section 202(h) of the Telecommunications Act of 1996: Beware of Intended Consequences

COMMENTS OF THE ELECTRONIC FRONTIER FOUNDATION

To the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration:

40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401. Definition of Waters of the United States Amendment of Effective Date of 2015 Clean

Before the Federal Communications Commission Washington, D.C ) ) ) ) ) ) ) ) ) ) REPORT AND ORDER

Reference Copy Only. Do Not Mail to the FCC as an Application.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C COMMENTS OF XO COMMUNICATIONS, LLC

CFPB ; RIN 3170-AA33

C H A MB E R O F C O M ME R C E O F T H E U N IT E D S T A T E S OF A M E R IC A

Billing Code P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission. [Docket No. IC ]

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

BILLING CODE: DEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. 8 CFR Parts 214 and 248

ORAL ARGUMENT SCHEDULED: OCTOBER 17, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

ORAL ARGUMENT SCHEDULED FOR APRIL 17, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Approved by OMB (January 2001)

Proposed Rule(s) Filing Form

Communications Act 8 of 2009 section 86


Subpart A ( General Provisions ) and Subpart B ( Confined and Enclosed Spaces

Re: Representative Alexandria Ocasio-Cortez s Ethics Violations

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

LAW OFFICE OF ALAN J. THIEMANN

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. Grid Reliability and Resilience Pricing ) RM

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. Notice of Proposed Rulemaking ) Grid Resiliency Pricing Rule ) RM

INDEX OF REGULATORY PROCEEDINGS OF INTEREST

BEFORE THE EUROPEAN COMMITTEE ON LEGAL COOPERATION OF THE COUNCIL OF EUROPE PLENARY MEETING OCTOBER 11-14, 2010

Approved by OMB (July 2004)

47 USC 309. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Closure of FCC Lockbox Used to File Fees, Tariffs, Petitions, and Applications for

DEPARTMENT OF HOMELAND SECURITY Border and Transportation Directorate

WASHINGTON LEGAL FOUNDATION

SUMMARY: The Coast Guard is establishing a temporary safety zone for all navigable

SUMMARY: The Coast Guard is establishing a temporary safety zone for all navigable

Fees for Submitting Corrected Electronic Title Appendices. AGENCY: U.S. Copyright Office, Library of Congress.

FCC ARMIS REPORTS - Instructions December 2004 Page 1 of 12

Case 1:17-cv EGS Document 18 Filed 09/15/17 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ORAL ARGUMENT SCHEDULED FOR APRIL 19, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Key Issues in Recording Remittances in the Balance of Payments Statistics and Recent Improvements in Concepts and Definitions

The Case for Proxy Advisor Reform

Case 1:16-cv Document 1 Filed 09/22/16 Page 1 of 6

January 27, C Street, NW 1401 Constitution Avenue, NW Washington, D.C Washington, D.C

FCC 601 FCC Application for Radio Service Authorization: Approved by OMB

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Administrative Law Limits to Executive Order Alyssa Wright. On August 15, 2017, President Trump issued an executive order that would eliminate

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA COMPLAINT

BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, DC ) ) ) ) )

Issues Papers. Submitted by the Aviation Suppliers Association 2233 Wisconsin Ave, NW, Suite 503 Washington, DC 20007

TELECOMMUNICATIONS ORDINANCE (Chapter 106) WIRELESS INTERNET OF THINGS LICENCE. [Company Name]... [Address]

Amendment of the Commission s Rules to Enable Railroad Police Officers to Access Public

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR Part 100. [Docket No. FR-6111-A-01] RIN 2529-ZA01

Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further Delay of Effective Date

Case 9:18-cv RLR Document 13 Entered on FLSD Docket 12/31/2018 Page 1 of 20

Revision to the Manual of Regulations and Procedures for Federal Radio Frequency

December 1, 2014 VIA ELECTRONIC FILING. Ms. Marlene H. Dortch Secretary Federal Communications Commission th Street, SW Washington, DC 20554

Transcription:

Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Notice of Public Information Collection(s Being Reviewed by the Federal Communications Commission Promoting Diversification of Ownership In the Broadcasting Services OMB Control Number: 3060-0010 MB Docket No. 07-294 To: The Commission COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS The National Association of Broadcasters ( NAB 1 submits these comments in response to the Federal Register Notice (the Notice concerning Federal Communications Commission ( FCC or Commission revisions to FCC Form 323, the biennial ownership reporting form. 2 As we have previously indicated, NAB strongly supports the FCC s goal of improving the quality and reliability of data on minority and female owners of media properties. 3 In this Notice, as required by the Paperwork 1 The National Association of Broadcasters is a nonprofit trade association that advocates on behalf of free local radio and television stations and also broadcast networks before Congress, the Federal Communications Commission and other federal agencies, and the Courts. 2 Notice of Public Information Collection(s Being Reviewed by the Federal Communications Commission, 74 Fed. Reg. 27,549 (Jun. 10, 2009 ( Notice. 3 See Petition for Reconsideration of the National Association of Broadcasters in MB Docket No. 07-294 (Jun. 20, 2009 at 2. 1

Reduction Act of 1995 ( PRA, 4 the Commission is seeking comment on: (a whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b the accuracy of the Commission's burden estimate; (c ways to enhance the quality, utility, and clarity of the information collected; and (d ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. 5 As discussed further below, however, because the Form is not available and we do not have sufficient information about how the Form 323 has been changed, we are unable to provide meaningful comment on the information collection burdens associated with these revisions at this time. Earlier this year, the Commission adopted an Order revising several aspects of its broadcast ownership reporting requirements. Specifically, the Commission: (1 expanded the class of licensees required to file ownership reports biennially to include low power TV stations, including Class A stations, as well as commercial broadcast stations licensed to sole proprietors and partnerships composed of natural persons; (2 re-defined the classes of interests that are reportable so that certain attribution exemptions would not apply; (3 set a uniform biennial filing date in place of the filing date tied to stations renewal anniversaries; and (4 set an initial filing date of no later than November 1, 2009. 6 The Commission also delegated authority to the staff to: (1 4 44 U.S.C. 3501-3520. 5 Notice, 74 Fed. Reg. 27,549 (2009. 6 See Promoting Diversification of Ownership in the Broadcasting Services, Report and Order and Third Further Notice of Proposed Rulemaking, MB Docket No. 07-294, FCC No. 09-33 at 12 (rel. May 5, 2009 ( Order. 2

revise the FCC Form 323 according to the parameters adopted in the Order; (2 revise the electronic interface so that ownership data is part of a database, is searchable, and can be aggregated and cross-referenced; and (3 build additional checks into Form 323 to perform verification and review functions and to preclude the filing of incomplete or inaccurate data. 7 The Notice states that, consistent with these directives, the following changes have been made to the Form: The instructions have been revised to state the Commission's revised Biennial filing requirements adopted in the 323 Order. The instructions and questions in all sections of the form have been significantly revised. Many questions on the form have been reworked or reordered in order to (1 clarify the information sought in the form; (2 simplify completion of the form by giving respondents menu-style or checkboxstyle options to select rather than requiring respondents to submit a separate narrative exhibit; and (3 make the data collected on the form more adaptable for use in database programs used to prepare economic and policy studies relating to media ownership. 8 Unfortunately, without a draft Form 323 or additional description of the changes, interested parties cannot realistically assess the burdens associated with this new information collection and, thus, cannot file meaningful comment. For example, commenters cannot determine whether efforts to simplify completion of the form by giving respondents menu-style or checkbox-style options have been successful, or whether the new form will actually require more time because the menu options might not be consistent with the types of ownership structures used by licensees. Without more information, commenters are not able to determine whether the revised Form 323 will make the data collected more adaptable for use in database programs for studies 7 Id. 8 Notice, 74 Fed. Reg. 27,549 (2009. 3

on media ownership, as the Commission intends. Without a draft form, commenters also cannot address critical PRA questions such as the accuracy of the Commission's burden estimate, ways to enhance the quality, utility, and clarity of the information collected, or ways to minimize the collection burden. Providing the public an opportunity to comment on a more detailed notice or draft form also would further the stated goal of ensuring an open and transparent administrative process. 9 CONCLUSION NAB urges the Commission to make available for public examination and comment a paper or electronic version of its revised draft form. Upon seeing how the revisions have been implemented, concerned parties can offer meaningful input on the burdens associated with the revisions and the effectiveness of the changes being made. Without this input, the requirements of the PRA cannot be met, and the Commission s intended goal of developing a clearer and more complete picture of minority and female ownership may be jeopardized. 9 NAB also filed a Petition for Reconsideration that addresses the public interest harms that are likely to result from certain changes to the ownership reporting requirements, including the burdens on licensees and investors. See Petition for Reconsideration of the National Association of Broadcasters in MB Docket No. 07-294 (Jun. 20, 2009. Although the Petition is not primarily intended to address the specific ways in which information is gathered on Form 323, the Petition proposes that: 1 ownership data for sole proprietors be obtained from existing records because it does not change over time; and 2 if the Commission does not reconsider its decision to require ownership reporting by certain nonattributable investors, such reporting should be limited to the race, gender, and ownership percentage of the nonattributable investors, rather than full reporting of the names, addresses, familial relationships, and unrelated media holdings of these investors. Id. at 2-4 and 9-10. Because these proposals advanced by NAB in its Petition for Reconsideration of the Order may be relevant to the Commission in revising its forms, we incorporate the Petition by reference thereto. 4

Respectfully submitted, NATIONAL ASSOCIATION OF BROADCASTERS 1771 N Street, NW Washington, DC 20036 (202 429-5430 Jane E. Mago Jerianne Timmerman Erin L. Dozier August 10, 2009 5