**DA 04-1690**

**Released: June 15, 2004**

**MEDIA BUREAU SEEKS COMMENT ON WAYS TO FURTHER**

**SECTION 257 MANDATE AND TO BUILD ON EARLIER STUDIES**

**Comment Date: 30 days from publication in the Federal Register**

**Reply Date: 45 days from publication in the Federal Register**

The Media Bureau (Bureau) is seeking comment on constitutionally
permissible ways to further the mandates of Section 257 of the
Telecommunications Act of 1996, 47 U.S.C. § 257, which directs the FCC
to identify and eliminate market entry barriers for small
telecommunications businesses, and Section 309(j) of the Communications
Act of 1934, 47 U.S.C. § 309(j), which requires the FCC to further
opportunities in the allocation of spectrum-based services for small
businesses and businesses owned by women and minorities. We specifically
encourage commenters to discuss possible next steps to further these
statutory objectives in a constitutionally permissible manner,
especially in light of two recent Supreme Court decisions. *See*
[Grutter v. Bollinger]{.underline}, 539 U.S. 306 (2003); [Gratz v.
Bollinger]{.underline}, 539 U.S. 244 (2003).

Commenters should discuss and proffer specific recommendations for
building on the series of market entry barrier studies listed below.
These studies were conducted pursuant to Section 257 of the
Telecommunications Act of 1996, 47 U.S.C. § 257, and Section 309(j) of
the Communications Act of 1934, 47 U.S.C. § 309(j), and released by the
Commission in December 2000. In particular, we urge commenters to
identify any recent analyses relevant to the conclusions of the studies.

-   Diversity of Programming in the Broadcast Spectrum: Is There a Link
    Between Owner Race or Ethnicity and News and Public Affairs
    Programming? (the "Content/Ownership Study").

-   Study of the Broadcast Licensing Process, consisting of three parts:
    History of the Broadcast Licensing Process; Utilization Rates, Win
    Rates and Disparity Ratios for Broadcast Licenses Awarded by the
    FCC; and Logistic Regression Models of the Broadcast License Award
    Process for Licenses Awarded by the FCC (the "Broadcasting Licensing
    Study").

-   FCC Econometric Analysis of Potential Discrimination Utilization
    Ratios for Minority- and Women-Owned Companies in FCC Wireless
    Spectrum Auctions (the "Auction Utilization Study").

-   Study of Access to Capital Markets and Logistic Regressions for
    License Awards by Auctions (the "Capital Markets and Auctions
    Regression Study") *aka* "Discrimination in Capital Markets,
    Broadcast/Wireless Spectrum Service Providers and Auction Outcomes."

-   Whose Spectrum Is It Anyway? Historical Study of Market Entry
    Barriers, Discrimination and Changes in Broadcast and Wireless
    Licensing 1950 to Present (the "Historical Study").

-   When Being No. 1 Is Not Enough: the Impact of Advertising Practices
    On Minority-Owned & Minority-Formatted Broadcast Stations (the
    "Advertising Study") (released January, 1999).

The studies are available on the FCC's web site at
[http://www.fcc.gov/opportunity/meb_study/,]{.underline} except for the
Advertising Study, which is available on the FCC's web site at

[[http://www.fcc.gov/Bureaus/Mass_Media/Informal/ad-study/]{.underline}](http://www.fcc.gov/Bureaus/Mass_Media/Informal/ad-study/).
The studies are also available on the Commission's Electronic Filing
System (ECFS) under MB Docket No. 04-228.

Comments must be filed on or before \[30 days after publication of the
PN in the Federal Register\]; and reply comments must be filed by \[45
days after publication in the Federal Register\]. Comments and reply
comments may be filed using the Commission's Electronic Filing System or
by filing paper copies (an original and four copies). See *Electronic
Filing of Documents in Rulemaking Proceedings*, 63 Fed. Reg 24121
(1998). All comments should reference MB Docket No. 04-228.

Comments filed through the ECFS can be sent as an electronic file via
the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>. Generally, only
one copy of an electronic submission must be filed. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet
e-mail. To get filing instructions for e-mail comments, commenters
should send an e-mail to ecfs@fcc.gov, and should include the following
words in the body of the message, "get form." A sample form and
directions will be sent in reply. Parties who choose to file by paper
must file an original and four copies of each filing. 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 we
continue to experience delays in receiving U.S. Postal Service mail).
The Commission's contractor, Natek, Inc., will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes 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 mail, Express Mail, and Priority
Mail should be addressed to 445 12^th^ Street, S.W., Washington, D.C.
20554. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.

Parties also must serve either one copy of each filing via e-mail or two
paper copies to Best Copy and Printing, Inc., Portals II, 445 12^th^
Street, S.W., Room CY-B402, Washington, D.C., 20554, telephone (800)
378-3160, or via email to fcc@bcpiweb.com. In addition, parties should
serve one copy of each filing via email or three paper copies to Linda
Senecal, 445 12^th^ Street, S.W., 2-C438, Washington, D.C., 20554.

*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, S.W., CY-A257, Washington, D.C. 20554.
Persons with disabilities who need assistance in the FCC Reference
Center may contact Bill Cline at (202) 418-0267 (voice), (202) 418-7365
(TTY), or bcline@fcc.gov. These documents also will be available from
the Commission's Electronic Comment Filing System. Documents are
available electronically in ASCII, Word 97, and Adobe Acrobat. Copies of
filings in this proceeding may be obtained from Best Copy and Printing,
Inc., Portals II, 445 12^th^ Street, S.W., Room, CY-B402, Washington,
D.C., 20554, telephone (800) 378-3160, fax (202) 488-5563, via email at
<fcc@bcpiweb.com>, or via its website at www.bcpiweb.com. 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 and Governmental Affairs Bureau at
202-418-0531 (voice), 202-418-7365 (TTY).

For further information, contact Anne Levine at (202) 418-7027 or via
email at <Anne.Levine@fcc.gov>.

> By the Chief, Media Bureau
>
> **- FCC -**