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Commission Seeks Comment on Broadcast Ownership Report

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Released: December 3, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1946

Released: December 3, 2012

COMMISSION SEEKS COMMENT ON BROADCAST OWNERSHIP REPORT

MB Docket No. 09-182; MB Docket No. 07-294

Comment Date: December 26, 2012
Reply Comment Date: January 4, 2013

This Public Notice offers an opportunity for additional comment on data contained in the Media
Bureau’s recently released report on the ownership of commercial broadcast stations (“Ownership
Report”).1 The Ownership Report provides detailed information by race, ethnicity, and gender
concerning ownership of commercial television, radio, Class A television, and low-power television
stations.
As the Commission has long recognized, minorities and women own broadcast stations in
disproportionately small numbers.2 This fact has been well established in our media ownership docket,
including in the 2009 biennial ownership data detailed in the NPRM prior to the release of the final
Ownership Report.3 The recently released Ownership Report confirms that minority and female
ownership numbers remain low and provides more detailed ownership figures. These data are part of the
record and have been considered in our current quadrennial review and, along with additional data
gathered in subsequent biennial filings, will be considered in our succeeding quadrennial reviews.


1 See 2010 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other
Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996
, MB Docket No. 09-182, Report on
Ownership of Commercial Broadcast Stations, DA 12-1667 (MB, rel. Nov. 14, 2012). The Ownership Report is
based on ownership information, as of November 1, 2009 and October 1, 2011, submitted by broadcasters in their
biennial Form 323 filings. See FCC Form 323, Ownership Report for Commercial Broadcast Stations, available at
http://transition.fcc.gov/Forms/Form323/323.pdf; see also 47 C.F.R. § 73.3615.
2 See, e.g., Promoting Diversification of Ownership in the Broadcasting Services, Report and Order and Third
Further Notice of Proposed Rulemaking, MB Docket No. 07-294, 23 FCC Rcd 5922, 5924, ¶1 (2008) (noting that
“minority- and women-owned businesses” historically have not been “well-represented in the broadcasting
industry”); Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, Notice of
Proposed Rulemaking, 10 FCC Rcd 2788, 2789, ¶5 (1995) (“[D]espite the Commission’s efforts to increase
minority ownership of broadcast and cable facilities, minorities today remain significantly underrepresented among
mass media owners.”).
3 See 2010 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other
Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996
, MB Docket No. 09-182, Notice of
Proposed Rulemaking, 26 FCC Rcd 17489, 17549, ¶ 156 (2011) (“NPRM”). Several parties included consideration
of that data in their comments in this proceeding. See United Church of Christ, Inc., Media Alliance, National
Organization for Women Foundation, Communications Workers of America, Common Cause, Benton Foundation,
Media Council Hawaii, Reply Comments at 19-35.

The Ownership Report represents the latest step in the Commission’s ongoing efforts to collect
and publicly release minority and female ownership data. As explained in the NPRM, the Commission
has sought actively in recent years to improve its collection and analysis of broadcast ownership
information.4 These initiatives include improvements to the reliability and utility of the data reported in
FCC Form 323.5 Although refinements to the collection and assessment of these data are ongoing, the
recently released Ownership Report signifies a substantial improvement in minority and female
ownership data. We anticipate going forward that these and additional ownership reports will provide
useful periodic “snapshots” of minority and female ownership in the broadcast industry. We expect that
our continuing efforts to reform and refine our ownership data collection will yield more and better data
to support trend analyses in the future.
The Ownership Report was released to the public on November 14, 2012 and parties have
submitted material in the record concerning the data.6 Several parties have requested an additional,
formal opportunity to comment on the Ownership Report.7 Thus, while this proceeding has provided
numerous opportunities for public input and participation, we will establish a further comment cycle for
this limited purpose.8 Comments are due December 26, 2012; reply comments are due January 4, 2013.

Procedural Matters

This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex
parte rules.9 As a result of the permit-but-disclose status of this proceeding, ex parte presentations will be
governed by the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non-
restricted proceedings.10
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


4 See NPRM at 17548-49, ¶¶ 154-56.
5 See Promoting Diversification of Ownership in the Broadcasting Services, MB Docket. No. 07-294, et al., Report
& Order and Fourth Further Notice of Proposed Rulemaking, 24 FCC Rcd 5896 (2009).
6 See, e.g., Letter from Angela Campbell, Institute for Public Representation, Georgetown Law, to Marlene H.
Dortch, Secretary, FCC, MB Docket No. 09-182 (Nov. 23, 2012).
7 See, e.g., Letter from James L. Winston, Executive Director and General Counsel, National Association of Black
Owned Broadcasters, to Marlene H. Dortch, Secretary, FCC (Nov. 26, 2012); Letter from The Leadership
Conference on Civil and Human Rights, to Chairman Julius Genachowski, Commissioners Robert McDowell,
Mignon Clyburn, Jessica Rosenworcel and Ajit Pai (Nov. 20, 2012); Letter from Lauren M. Wilson, Policy Counsel,
Free Press, to Marlene H. Dortch, Secretary, FCC (Nov. 19, 2012).
8 See, e.g., Media Bureau Announces Agenda and Panelists for January 27 Minority Media Ownership Workshop,
MB Docket No. 09-182, News Release (rel. Jan. 22, 2010).
9 47 C.F.R. §§ 1.1200, 1.1206.
10 47 C.F.R. § 1.1206.
2

staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). 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.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 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).11
§
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 9300 East Hampton Drive, Capitol Heights, MD 20743.
§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
For further information, contact Hillary DeNigro, Media Bureau, at (202) 418-2330. Press inquiries
should be directed to Janice Wise, Media Bureau, at (202) 418-8165.
-FCC-


11 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
3

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