**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | MM Docket No. 00-168         |
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| Standardized and Enhanced        | ** | MM Docket No. 00-44          |
| Disclosure Requirements for      |    |                              |
| Television Broadcast Licensee    | *  |                              |
| Public Interest Obligations      | *) |                              |
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| Extension of the Filing          |    |                              |
| Requirement                      | *  |                              |
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| For Children's Television        | ** |                              |
| Programming                      |    |                              |
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| Report (FCC Form 398)            | *) |                              |
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**REPORT AND ORDER**

**Adopted: November 27, 2007 Released: January 24, 2008**

By the Commission: Chairman Martin and Commissioners Copps, Adelstein,
and Tate issuing separate statements; Commissioner McDowell concurring
in part, dissenting in part, and issuing a statement.

Table of Contents

Heading Paragraph \#

I. introduction 1

II\. Background 3

III\. REPORT AND ORDER 7

A. Placing the Public File on the Internet 7

B. Standardized Form 32

1\. Programming Information 41

2\. Identifying Community Issues 45

3\. Closed Captioning and Video Description 46

4\. Mechanics of Making the Standardized Form Available 49

IV\. PROCEDURAL Matters 52

A.. Final Regulatory Flexibility Analysis -- Report and Order 52

B. Congressional Review Act 53

C. Paperwork Reduction Act Analysis -- Report and Order 54

D. Additional Information 56

V. ORDERING CLAUSES 57

APPENDIX A -- Rules

APPENDIX B -- Standardized Television Disclosure Form

APPENDIX C -- Final Regulatory Flexibility Analysis

# introduction

1.  We commenced this proceeding to determine whether our current
    requirements pertaining to television stations' public inspection
    files are sufficient to ensure that the public has adequate access
    to information on how the stations are serving their
    communities.[^1] We tentatively concluded in that *Notice* that our
    current requirements were not sufficient and that a standardized
    form to provide information on how stations serve the public
    interest would be desirable. Additionally, we proposed to enhance
    the public's ability to access information by requiring television
    licensees to make the contents of the public inspection files,
    including the standardized form, available on their stations'
    Internet websites or, alternatively, on the website of their state
    broadcasters association. In this *Report and Order* we adopt a
    standardized form for the quarterly reporting of programming aired
    in response to issues facing a station's community and a requirement
    that portions of each station's public inspection file be placed on
    the Internet.[^2]

2.  In adopting these new disclosure requirements, we are not altering
    in any way broadcasters' substantive public interest obligations.
    Those obligations are being considered and will be addressed in
    other proceedings.[^3] We simply are making information about
    broadcasters' efforts more understandable and more easily accessible
    by members of the public.

# Background

3.  The Commission first adopted a public inspection file rule more than
    40 years ago.[^4] The public file requirement grew out of Congress'
    1960 amendment of Sections 309 and 311 of the Communications Act of
    1934 (the "Act").[^5] Finding that Congress, in enacting these
    provisions, was guarding "the right of the general public to be
    informed, not merely the rights of those who have special
    interests,"[^6] the Commission adopted the public inspection file
    requirement to "make information to which the public already has a
    right more readily available, so that the public will be encouraged
    to play a more active part in dialogue with broadcast
    licensees."[^7] Although we are separated from that decision by more
    than four decades, during which period the public file rule has been
    changed many times, our goal remains the same. The action we are
    taking, which is based in part on the changes in technology that
    have occurred since 1965, will make the information in the public
    inspection file more useful and more accessible to the public,
    improving communications between broadcasters and the public they
    serve.

4.  Over the past four decades, the Commission's public inspection file
    requirements were modified on several occasions. For instance, in
    1984, the Commission required that television stations place in
    their public inspection file "every three months a list of programs
    that have provided the station's most significant treatment of
    community issues during the preceding three month period."[^8] This
    issues/programs list also must include a brief narrative describing
    what issues were given significant treatment and the programming
    that provided this treatment together with the time, date, duration,
    and title of each program in which the issue was treated.[^9] In
    adopting the issues/programs list requirement for television
    stations, the Commission expected it to be "\[t\]he most significant
    source of issue-responsive information under the new regulatory
    scheme." [^10] Moreover, the list was intended to be a significant
    source of information for any initial investigation by the public,
    competitors, or the Commission when renewal of the station's license
    is at issue.[^11]

5.  In 1998, the Committee on Public Interest Obligations of Digital
    Television Broadcasters issued its *Final Report of the Advisory
    Committee on Public Interest Obligations of Digital Television
    Broadcasters.*[^12] The Advisory Committee Report considered, *inter
    alia*, the public inspection file and recommended that the currently
    required reports on issue-responsive programming and children's
    programming be augmented. The Advisory Committee found that such
    public information could be distributed to the public more
    effectively if it was placed on television stations' Internet
    websites and it designed a sample standardized form which could be
    used to that end.[^13] Subsequently, People for Better TV submitted
    proposals to the Commission in a Petition for Rulemaking and
    Petition for Notice of Inquiry asking the Commission to initiate a
    rulemaking proceeding to determine public interest standards and
    obligations of digital broadcasters.

6.  After the issuance of the Advisory Committee Report, the Commission
    adopted a *Notice of Inquiry* seeking comment on several issues
    related to how broadcasters might best serve the public interest
    during and after the transition from analog to digital
    television.[^14] Some of the issues raised in that *NOI* related
    exclusively to television broadcasters' use of their digital
    spectrum. Other issues, however, related to how broadcasters could
    meet their public interest obligations on both their analog and
    digital spectrum. Among these were how to enhance the public's
    ability to access information on a station's performance of its
    public interest obligations with regard to both issue-responsive and
    children's programming, both during and after the analog-digital
    transition. As a result of comments on these latter issues received
    in response to the *NOI*, we issued the *Notice of Proposed
    Rulemaking* in this proceeding.[^15] The Commission proposed to
    replace the current issues/programs list for TV stations with a
    standardized form and to require TV broadcasters to make their
    public inspection files available on the Internet. For the reasons
    discussed below, we now adopt, with some modifications, these
    proposals.

# REPORT AND ORDER

## Placing the Public File on the Internet

7.  In the *Notice,* we tentatively concluded that television licensees
    should be obligated to place the contents of their public inspection
    file on their websites or the websites of their state broadcasters
    association. Commenters supporting this tentative conclusion argued
    that this would not be unduly burdensome given that the majority of
    broadcasters already have their own websites.[^16] United Church of
    Christ ("UCC") cites a study by Ball State University and the
    Radio-Television News Directors Association ("RTNDA") that found
    that 88 percent of the 773 stations polled said they operated
    websites.[^17] The National Association of Broadcasters ("NAB"),
    which opposes our adoption of such a requirement, conducted a survey
    that found that 83.9 percent of television stations responding
    currently have their own websites.[^18] Thus, it appears that most
    TV stations are currently using the Internet to provide information
    and promotional material to the public. By their own actions
    broadcasters have confirmed that the Internet is an effective and
    cost-efficient method of maintaining contact with, and distributing
    information to, their viewership.

8.  Most commenters opposing a requirement to place the public
    inspection file on the Internet cited the cost of converting and
    maintaining the public file electronically. According to Benedeck
    *et al.*, to convert a public inspection file to electronic format
    and index the documents would cost an estimated \$10,000.[^19] State
    Broadcasters Associations estimate that it would take a professional
    listserver approximately fifteen minutes to one and a half hours, at
    a cost of \$65 per hour, to post each page of a broadcast station's
    public file.[^20] This cost burden would, State Broadcasters
    Association continues, come at the very time when the industry's
    resources are being directed to "implementation of the enormously
    expensive and risky new DTV service."[^21] Others echo these
    claims.[^22]

9.  We believe that many of the estimates of the costs of complying with
    our requirement are grossly inflated.[^23] As an initial matter, our
    own cost estimates are considerably lower than those of a number of
    commenters.[^24] First, we are not requiring stations that do not
    already have a website to create one. As proposed in the *Notice*,
    we are only requiring a station to post its public inspection files
    on its website if it already has one.[^25] This will eliminate all
    costs of starting up a website that were included in the estimates
    supplied by commenters.[^26] Also, the volume of material will be
    less than estimated by some commenters as a result of our decision,
    discussed below, not to require posting of letters from the public
    and allowing licensees to link to material available on the
    Commission's website in lieu of posting it on their own
    websites.[^27]

10. Moreover, we believe that the benefits of licensees placing their
    public inspection files on the Internet outweigh the cost,
    especially since the requirement will only apply to stations already
    using the Internet for other purposes. Many of these stations are
    already equipped to place material on the Internet. For example,
    stations must already place EEO reports on their websites, to the
    extent that they have one.[^28] The ongoing additional costs of
    putting their public files on the Internet should be relatively
    modest once the initial conversion of the existing paper file is
    complete.[^29] While the cost of this initial conversion may be
    appreciable, it is a one-time expense and, in nearly all cases,
    should not be overly burdensome. Moreover, these costs are
    outweighed by the benefits to the public of Internet accessibility
    to the information. It is beneficial for the community to have
    Internet access to information it may not otherwise be able to
    obtain. Links to information available on the Commission's website,
    including a copy of ownership reports, and children's television
    programming reports, educate consumers on issues that they might not
    otherwise know about, absent an ability to visit a station to
    inspect the public file. Further information available in the public
    file, including information regarding Commission investigations and
    complaints, issues/programs lists, and citizen's agreements assist
    consumers in educating themselves as to the licensee and its
    programming. As discussed in previous Orders, the Commission has
    found that each of the items required to be placed in the public
    file are important, and need to be accessible to the public.[^30]
    Internet access to such information only improves public access. As
    such, we believe these interests justify potential increased costs.
    If a particular broadcaster finds the requirement beyond its means,
    we will entertain specific, documented waiver requests for relief to
    lessen the financial burden on the licensee.

11. Other commenters objecting to placing public file material on
    station websites argued either: (1) that few people actually have
    visited the stations' studios to view their public files, or (2)
    that placing public file material on the station's website would
    only enhance availability of that material to persons outside the
    station's service area and that such persons have a less compelling
    interest in accessing that information.[^31] NBC, for example, notes
    that it receives relatively few requests to examine its stations'
    public inspection files.[^32] Viacom characterizes visits to its
    stations' public inspection files as "exceedingly rare...less than
    one annually, virtually all of whom are college students on
    assignment."[^33] The Walt Disney Company provides a similar
    estimate of public file usage at its stations.[^34] Educational
    Information Corporation, licensee of WCPE asserts that in twenty
    years it has had only a single member of the public ask to review
    its public file.[^35]

12. Before the Commission adopted the public file requirement in 1965,
    commenters argued that the rules were unnecessary because there
    would be little or no demand for the information contained therein.
    The Commission responded:

    we do not base our decision in this proceeding on a widespread
    articulate demand by the public for the information we propose to
    make locally available. Our primary purpose in the present
    proceeding is to make information to which the public already has a
    right more readily available, so that the public will be encouraged
    to play a more active part in a dialogue with broadcast
    licensees.[^36]

    Similarly, here we are merely making material more accessible to the
    public. By doing so we, like our predecessors in 1965, hope to
    encourage the public to play a more active role in a dialogue with
    broadcasters. The fact that our current rules may not have resulted
    in widespread review of the public files by members of the public
    only serves to underscore the desirability of improving the
    accessibility of these files. It may well be that the requirement of
    physically going to the station and viewing the file during normal
    business hours has discouraged public interest in viewing the public
    files. By making the file more available through the Internet, we
    hope to facilitate access to the file information and foster
    increased public participation in the licensing process.

13. We find it entirely consistent with Congressional intent in adopting
    Section 309 of the Act to embrace a public file requirement that
    enhances the ability of both those within *and* those beyond a
    station's service area to participate in the licensing process.
    Additionally, we disagree with those arguing that stations placing
    their public inspection files on the Internet will only benefit
    those outside a station's service area; it will also benefit those
    within the service area who will be able to access the file without
    visiting the station during normal business hours.

14. Opponents also assert that the Commission lacks authority to impose
    such a requirement. For example, Viacom argues that "\[m\]aintaining
    a Web site -- let alone posting the voluminous contents of a public
    inspection file -- is simply too far afield from the core activities
    of broadcasting for the Commission to regulate."[^37] Similarly,
    Sinclair argues that "\[t\]he Commission does not have jurisdiction
    over websites and therefore simply lacks the authority to enforce
    these requirements."[^38] The Media Institute argues that a
    requirement to post the public inspection file on a station's
    Internet website would pose problems of a constitutional dimension.
    It argues that

    \[t\]he proposal demands careful scrutiny on First Amendment grounds
    -- particularly because the constitutional concerns here might
    easily be overlooked on the assumption that a Web site was merely an
    electronic filing cabinet . . . . The Commission is overreaching to
    suggest that it can compel broadcasters to post certain types of
    speech on their Web sites.[^39]

15. We disagree. The manner in which broadcasters communicate with their
    communities is a core function of their role as licensees. Thus, for
    example, we require applicants to publish notice of their filing of
    certain applications in local newspapers.[^40] A requirement for
    broadcast stations to place their public inspection files on the
    Internet website does not constitute an assertion of jurisdiction
    over the medium on which it must be maintained or take us beyond
    those areas of a broadcaster's activity within the Commission's
    jurisdiction. Moreover, we see no constitutional infirmity in this
    requirement. As an initial matter, our public inspection file rules
    have, for more than 40 years, required broadcasters to make certain
    categories of information available to the public.[^41]

16. Even assuming, *arguendo*, that "intermediate scrutiny" is the
    appropriate standard, a content neutral regulation such as this will
    be sustained against claims that it violates the First Amendment
    if: (1) it advances important governmental interests unrelated to
    the suppression of free speech; and (2) does not burden
    substantially more speech than necessary to further those
    interests.[^42] The instant regulation meets both tests. First, it
    has been established that the public file requirement advances the
    important governmental interest that Congress found in public
    participation in the licensing process when it adopted the
    pre-hearing procedures contained in Sections 309 and 311 of the Act.
    Second, the requirement does not burden speech more than necessary
    to further that interest. It is limited to only those items that
    members of the public would reasonably need to be aware of in order
    to have a dialogue with their local broadcaster and, if necessary,
    to participate in pre-hearing procedures with respect to the
    licensing process. Indeed, we are not requiring the posting of some
    public file material because doing so would impose excessive burdens
    and we are allowing broadcasters merely to link to material also
    found on our website. Thus, to the extent that our new regulation
    can be said to burden speech at all, we have assured that it "does
    not burden substantially more speech than necessary" to further the
    interest served by the public file rules.

17. Accordingly, we will require those television stations that have an
    Internet website to place their public inspection file on their
    station's website and to make this file available to the public
    without charge. These stations have already recognized the value of
    this tool to inform viewers about station programs and activities.
    In order to provide sufficient time for affected television
    broadcasters to come into compliance, we will require that stations
    currently having a website place their public inspection files on
    that website 60 days after the Commission publishes a notice in the
    Federal Register announcing Office of Management and Budget
    approval. Stations not having their own website as of the date that
    this *Report and Order* is adopted will have to place their files on
    any website they may later create by the date above or within 30
    days of the date it makes the website available to the public,
    whichever is later.

18. As an alternative, stations having a website may place their public
    inspection files on their state broadcasters association's ("SBA")
    website, where permitted by the SBA to do so. If a station places
    its public file on the website of its SBA, however, the station must
    provide a link from its own website to that of the SBA on which its
    public files are located. We are not persuaded by the comments filed
    in this proceeding that this alternative is unwarranted and
    unworkable. Although, as UCC points out, "\[m\]ost viewers probably
    do not know what an SBA is, let alone the address of the local
    broadcaster's SBA website,"[^43] they do not have to know this
    information in order to follow a link to that site from the
    station's website. State Broadcasters Associations argue that this
    would place an "enormous strain on the personnel and resources of
    those associations."[^44] In addition, as Media Institute points
    out, we have no jurisdiction to require such organizations, which
    are not themselves under Commission regulatory control, to make
    their websites available for such a purpose.[^45] For these reasons,
    we will not require SBAs to permit stations to place their public
    inspection files on their websites. Instead, we will simply permit
    television stations, over which we do have jurisdiction, to comply
    with our requirements by placing their public files on their SBAs'
    websites, as long as their SBA permits, and the stations provide a
    link to their public inspection files from their own websites.

19. *Political File.* Sections 73.3526(e)(6), 73.3527(e)(5), and 73.1943
    of the Commission's Rules require that stations keep as part of
    their public inspection files a "political file."[^46] The political
    file chiefly consists of "a complete and orderly record ... of all
    requests for broadcast time made by or on behalf of a candidate for
    public office, together with an appropriate notation showing the
    disposition made by the licensee of such requests, and the charges
    made, if any, if the request is granted."[^47] These records must be
    placed in the political file as soon as possible.[^48] In amending
    our public inspection file rule to, *inter alia,* require that
    stations that maintain their main studios and public files outside
    their community of license must make available pursuant to telephone
    request photocopies of public file material, we exempted the
    political file from the requirement.[^49] We did this for two
    reasons. First, we recognized that candidates and their
    representatives make the heaviest use of the public inspection
    files, making daily or even more frequent requests for political
    file information during a campaign, because the information is in
    flux throughout each day of the campaign.[^50] We determined that,
    were they able to make requests for political file material by
    telephone, such a heavy volume of telephone calls could unduly
    disrupt a station's operations.[^51] Second, we found that
    candidates or their representatives, when seeking political file
    information in their professional capacities, are more likely to
    have greater resources and be more able to access the main studio
    and public file in person than would an average citizen.[^52]

20. This reasoning also applies to Internet access to the political
    file. Daily and even more frequent requests for access by political
    candidates and their campaign personnel, combined with a need for
    the station to update the file frequently, may make requiring the
    station to place this material on the Internet inappropriate.
    Resources available to political candidates likely provide them with
    greater access to the station and distinguish them from members of
    the general public who will benefit from ready access to Internet
    posting of other parts of the public file. Political candidates and
    campaigns make heavy use of the file and require quick access to
    material, and if the volume of material is too great, the station
    may not be able to update the Internet file quickly enough. Our
    rules currently require that records be placed in the political file
    as soon as possible, which the rule defines as meaning "immediately
    absent unusual circumstances."[^53] This may mean multiple updates
    each day during peak periods of the election season. Some commenters
    argue that an Internet posting requirement for the political file
    would be unduly burdensome for licensees due to the need for
    frequent updating of the file and the volume of material it
    contains.[^54] While Internet access would obviate the need for
    physical access to each station and free station personnel from
    having to assist candidates and their political committees, we
    conclude that the burden of placing this material on the Internet
    outweighs the benefits.

21. *Children's Television Programming Reports* (*Form 398).* In MM
    Docket No. 00-44, the Commission, among other things, extended
    indefinitely the requirement that commercial broadcast television
    licensees electronically file their quarterly Children's Television
    Programming Reports (Form 398) with the Commission and required
    broadcasters in the future to place the reports in their public
    files at the time they are prepared.[^55] At that time we also
    issued a *Further Notice of Proposed Rulemaking* ("*FNPRM*"*)*
    seeking comment on whether broadcasters should be required to
    provide their completed quarterly reports at their own
    websites.[^56] Because of the similarity of the issues presented in
    that proceeding to those present here, we will resolve them in this
    *Order.*

22. Only two commenters filed in response to the *Children's Television
    Programming Report* *FNPRM.* Both the Center for Media Education
    ("CME") and NAB supported requiring stations to create a link to
    station reports on the Commission's Children's Educational
    Television Website. Unlike NAB, however, CME also supported
    requiring stations to post Reports on their websites and to maintain
    them until final action on their next renewal application.

23. Like the other non-exempted contents of licensees' public files, the
    Children's Television Programming Reports must now also be made
    available on the Internet. We find, however, that it is sufficient
    to allow television station licensees having a website to provide a
    link from the public inspection file portion of that website to the
    Commission's Children's Educational Television webpage.[^57] We
    agree with NAB that to replicate the reports on the licensee's
    website would be redundant and cause needless expense to
    licensees.[^58] Accordingly, we agree with NAB that a link to the
    Commission's Children's Educational Television webpage is sufficient
    and that the report forms need not be placed on any station's
    website that contains such a link.

24. *Other Material Available on the Commission's or Other Websites*. We
    will not require stations to post on their websites any other
    material that is also available on the Commission's website, as long
    as they provide a link directly to the information on the
    Commission's website. For example, stations need not post a copy of
    "The Public and Broadcasting" on their own websites as long as they
    provide a link to the manual on the Commission's website.[^59] It is
    not necessary for more than 1,600 television stations to each have
    this Commission publication on their website. It is sufficient that
    they each have a hard copy in their public files at the main studio,
    and a link to it on the Commission's website from their own website.
    This measure will also serve to reduce the amount of material that
    must be placed on a station's website, thereby reducing the cost of
    the requirement. Similarly, licensees can provide links to other
    websites containing relevant information rather than also placing
    the information on the station's own website as long as that other
    site is freely available to the public and no registration is
    required.

25. *Letters from the Public.* We will not require stations to keep
    items covered by Section 73.3526(e)(9) of the Rules, *"Letters and
    e-mail from the public,"* on their website. One commenter contends
    that these letters are one of the more voluminous components of the
    public file.[^60] Tribune estimates that one of its stations,
    WGN-TV, has a file of letters from the public that consumes nearly
    32 linear feet of file space consisting of more than 72,000
    pages.[^61] Comments filed in this proceeding raised the specter of
    having to reproduce on a station's website as much as six-plus feet
    of material.[^62] To alleviate stations' burden and cost, we will
    allow them to refrain from posting these letters on their websites
    as long as they retain them in their stations' "hard copy" public
    inspection files located at their main studios and make them
    available to the public at that location. Comments made by the
    public by e-mail will have to be placed on the station's website --
    because stations will incur no cost other than the cost of
    electronic storage -- and also, either printed out and placed in a
    station's public file at its main studio, or made available on a
    publicly accessible computer database, per Section 73.3526(c). This
    will ensure that there is one location where all of the letters from
    the public will be maintained (*i.e.,* at the main studio). The
    website must also provide notice that a complete set of letters from
    the public is available at the main studio.

26. *Accessibility of Websites to Persons with Disabilities.* In the
    *Notice* we solicited comment on whether we should require or
    encourage television broadcasters to make websites, including those
    on which they will place their public inspection files, accessible
    to persons with disabilities using the World Wide Web Consortium's
    Web Content Accessibility ("W3C/WAI") guidelines.[^63] Commenters
    were split on this issue. Several were in favor of making
    broadcaster webpages, including those containing their public files,
    accessible to persons with disabilities.[^64] People for Better TV
    ("PBTV") asserts that "it would make little sense for the Commission
    to establish reporting requirements without clarifying the goal of
    making the reports fully accessible to the community of
    license."[^65] Others argue that that it will take substantially
    longer to make a website disability friendly, as much as
    two-and-a-half to three times longer, and would increase costs.[^66]

27. We conclude that in designing the public inspection file portion of
    their websites, television licensees must make them accessible to
    the disabled through a minimal level of compliance with the most
    recent W3C/WAI guidelines. As noted by one commenter, "\[i\]t is
    urgent that the Commission ensure that the technological
    capabilities offered by new technologies, such as making web content
    accessible to persons with disabilities, are used to maximize the
    potential of persons with disabilities to benefit from technological
    innovation to the same extent as any other person."[^67] These
    guidelines discuss accessibility issues and provide accessible
    design solutions for them.[^68] Furthermore, they provide
    checkpoints against which website designers can measure the
    accessibility of their site. Each of these checkpoints has a
    priority level assigned by the W3C/WAI Working Group based on the
    checkpoint\'s impact on accessibility. For example, a "Priority 1"
    checkpoint means that the web content developer must satisfy the
    checkpoint or one or more groups will find it impossible to access
    information in the document. Satisfying this checkpoint is a basic
    requirement for some groups to be able to use Web documents. Other
    priorities either "should" or "may" be addressed in order to remove
    barriers to access. Additionally, the guidelines define three
    different levels of conformance to the guidelines -- Levels A,
    Double-A and Triple-A. Level A means that all Priority 1 checkpoints
    have been satisfied in the design of the website. Level Double-A
    means that all Priority 1 and 2 checkpoints have been satisfied, and
    so on.

28. We will require television station licensees who maintain their
    public inspection file on their Internet website to adhere to the
    most recent Conformance Level A with regard to the public inspection
    file portion of their website. By satisfying the minimal requirement
    of satisfying Priority 1 checkpoints, no group should find it
    impossible to access the contents of the public files.[^69]

29. Commenters suggested additional ways to make the public file more
    accessible over the Internet to persons with disabilities. WGBH
    urged that we require licensees to post public file information on a
    toll-free telephone line.[^70] TDI suggested that "broadcasters can
    make chat rooms or listservs available for on-line discussions and
    to disseminate information to individuals with disabilities."[^71]
    We believe that requiring such measures would impose excessive costs
    on licensees.[^72] A disabled-accessible electronic public
    inspection file is, we continue to believe, the best way to make the
    information accessible to those with disabilities while imposing the
    least additional costs on licensees.

30. *Other Means of Communicating with the Public.* In the *Notice* we
    also asked whether there were other methods by which we could foster
    licensee interaction with the public through Internet websites. We
    did not propose to mandate any such method. Instead, we encouraged
    broadcasters to use their websites to conduct discussions with
    members of the public and sought comment on this approach.[^73] We
    agree with the sole comment filed in this regard. Capitol
    Broadcasting Company, while supporting the notion that broadcasters
    should interact with their community by means of
    broadcaster-sponsored online forums, asserts that any mandatory
    requirement on licensee interaction with the public through the
    Internet would be premature.[^74] Although broadcaster/public
    interaction is desirable, we do not see a need in this case to
    mandate any specific measures beyond those being adopted herein.

31. We also solicited comment on other methods for distributing public
    interest information to the public. Our tentative conclusion was
    that we should not require on-air notifications of the contents and
    location of the issues/programs list or mandatory publication of
    public interest information in local newspapers. A few commenters
    supported adoption of such methods.[^75] Upon further consideration,
    we believe that viewers should be notified of the existence,
    location and accessibility of the station's public file. This will
    increase viewer awareness and help promote the ongoing dialogue
    between a station and the viewers they are licensed to serve. We
    believe that the most appropriate time for licensees to provide such
    notice is during the regular station identification announcements
    required under our rules.[^76] The notice must state that the
    station's public file is available for inspection and where
    consumers can view it -- *e.g.*, at the station's main studio and on
    its website. In order to minimize the burden on stations, we will
    only require such notice twice daily. At least one of the
    announcements must occur between the hours of 6 p.m. and midnight.

## Standardized Form

32. In addition to proposing that public file information be accessible
    through Internet connections, we also proposed to adopt a
    standardized form for inclusion in the file that would replace the
    existing quarterly issues/programs disclosure.[^77] In 1984, the
    Commission eliminated many of its specific programming obligations
    and substituted a general requirement that commercial television
    broadcast station licensees must provide coverage of issues facing
    their communities and place lists of programming used in providing
    significant treatment of those issues (issues/programs lists) in the
    station\'s public inspection files on a quarterly basis.[^78] In
    this proceeding we proposed to adopt a standard programming
    disclosure format to be used in place of the issues/programs list.
    In making this proposal, we noted the difficulties that members of
    the public had encountered in accessing programming information in
    the existing format.[^79] We felt that the use of a standardized
    disclosure form would facilitate access to this information and
    would make broadcasters more accountable to the public.[^80] In
    addition, a standardized form would benefit the public by reducing
    the time needed to locate information and by providing the public
    with a better mechanism for reviewing broadcaster public interest
    programming and activities.[^81]

33. We also tentatively concluded that the standardized form should ask
    questions about categories of programming and should include
    information on broadcasters' provision of closed captioning and
    video description.[^82] Furthermore, we solicited comment on whether
    licensees should provide a narrative description of the actions
    taken, in the normal course of business, to assess a community's
    programming needs and interests.[^83] We specifically stated,
    however, that we did not intend this obligation to constitute a
    detailed and formal ascertainment requirement but, instead, only
    intended it to provide the public with information on how, in the
    normal course of business, licensees assess community needs and
    interests.[^84] We did not propose to include on the form
    non-broadcast community service activities by broadcasters. We
    sought comment on whether licensees should forward an electronic
    copy of the disclosure form to the Commission for inclusion in the
    license file.[^85]

34. In this *Report and Order*, we adopt a standardized programming
    report form to replace the current issues/programs list.[^86] We
    intend this form to provide the public with easily accessible
    information in a standardized format on each television station's
    efforts to serve its community. The form includes information about
    efforts that have been made to ascertain the programming needs of
    various segments of the community, and information regarding closed
    captioning and video described content. Adoption of this revised
    disclosure requirement is, we believe, amply supported by the record
    and will not be unduly burdensome for licensees.

35. Commenters urging the adoption of such a form have noted the
    difficulties that they have encountered in obtaining information on
    public interest programming from broadcasters, as well as the
    benefits of standardized disclosure.[^87] They report that
    broadcasters are confused about what they should put in their public
    files and describe instances in which documents were missing and
    files outdated.[^88] UCC reviewed the issues/programs lists of
    several broadcast stations in preparing its comments in this
    proceeding. It found that some broadcasters listed everything and
    anything they considered to qualify while others listed only a few
    programs.[^89] It found that "\[t\]he lack of uniformity and
    consistency of the issues/program lists make it difficult to discern
    both how much and what types of public interest programming a
    broadcaster provided," which makes any "overall assessment or
    comparison between broadcasters virtually impossible."[^90] One
    commenter noted that its most consistent finding was the lack of
    consistency in station public inspection files.[^91] Such commenters
    have pointed to the benefits that a standardized form can bring,
    including enhanced access to information on the extent to which
    broadcasters are meeting their public interest obligations,[^92]
    ease of use by the public and broadcasters alike,[^93] and the
    promotion of a dialog between stations and the public they
    serve.[^94]

36. Broadcast interests uniformly oppose use of a standardized form.
    Several contend that the proposals made by the Commission in the
    instant *Notice* would be unconstitutional because the proposed form
    would constitute programming "quotas" in violation of the First
    Amendment.[^95] This fear is misplaced. Our decision here does not
    adopt quantitative programming requirements or guidelines.[^96] This
    *Order* does not require broadcasters to air any particular category
    of programming or mix of programming types. Accordingly, we reject
    the claim that our decision mandates programming quotas or
    guidelines, or otherwise improperly intervenes in licensee
    discretion.

37. Some opponents of the form assert that, if there are problems with
    the level of issue-responsive programming being offered by a
    specific station, the Commission's concern should be directed to the
    particular station(s) involved rather than imposing a standardized
    form on all television broadcasters.[^97] In addition, they assert
    that the issues/programs list has worked well for two decades[^98]
    and that any shortcomings of the current issues/programs list can
    more appropriately be addressed through modest changes to that
    process rather than adoption of a new form.[^99] Our action is not
    premised on the existence of rule violations by licensees or the
    failings of a particular station. Rather, the problem addressed here
    is the lack of accessibility and uniformity in the issues/programs
    list information. These defects in the current requirements are not
    susceptible to cure through the issuance of forfeitures. The problem
    is systemic. According to those who have used the current list, it
    has not worked well; the changes we are making are narrowly tailored
    and an effective response.

38. Others argue that a lack of uniformity in issues/programs lists is
    desirable and simply reflects the diversity of issues identified by
    broadcasters and the programming aired in response to those issues
    in different markets.[^100] We disagree that a lack of uniformity in
    reporting is desirable or that diversity of issues identified by
    broadcasters is the problem. For those attempting to make use of the
    list and to compare the efforts of various stations, uniformity of
    reporting is desirable and, indeed, may be essential. As noted
    above, users of the issues/programs list have chronicled the
    difficulties they face when reviewing issues/programs lists compiled
    by different stations.[^101] Moreover, diversity of issues is not a
    problem, and our adoption of a standardized form should not limit
    broadcasters' flexibility to address various issues. We are not
    trying to impose uniformity in issue or program selection by
    adopting a standardized form; we are simply attempting to obtain
    uniformity in reporting.

39. Further, the record in the Commission's ongoing Localism"
    Proceeding[^102]---especially that portion amassed during a series
    of public hearings conducted across the country---suggests that
    there may be a communications breakdown between licensees and their
    communities concerning the breadth of their local licensees' efforts
    to air programming that serves communities' local needs and
    interests. Written comments submitted in the Localism Docket and
    testimony received during several localism field hearings indicate
    that many members of the public are not fully aware of the
    community-responsive programming that their local stations have
    aired.[^103] This lack of knowledge extends in many cases to the
    existing issues/programs lists, which broadcasters have long been
    required to compile and make available through their public
    files.[^104] Because the lists are designed to help the public
    evaluate the performance of broadcasters in their communities, the
    Commission takes the mandate seriously and has sanctioned licensees
    that have failed to properly maintain them.[^105] Evidence in the
    Localism Docket, however, indicates that the decades-old public file
    concept is not serving today's public well. At a minimum, the
    current public file regulatory regime imposes unnecessary
    inconvenience on the public because it essentially requires that
    interested individuals travel to the station during business hours
    to review the material.[^106] Although such inconvenience was
    unavoidable generations ago, we find that it is not so today, given
    the development of the Internet over the past decade. According to
    the record in the Localism Docket and other proceedings,[^107]
    broadcasters themselves are well aware of the communicative
    potential of the Internet and most maintain station-specific
    websites to stay in close touch with their audiences.[^108] Evidence
    in the Localism Docket indicates that many members of the public are
    web-savvy as well.[^109]

40. We believe that affording the public readier access to a station's
    public file through online posting requirements and use of the
    Standardized Television Disclosure Form will foster a better
    understanding of stations' localism efforts within their
    communities.[^110] That development, in turn, may produce notable
    benefits for the public. First, online posting of the completed
    standardized form could prompt more active dialogue between
    licensees and their audiences concerning issues of public importance
    to local communities and how broadcasters might go about addressing
    those issues on the air---which may quickly lead to the airing of
    more responsive programming. Second, by enhancing that dialogue,
    online posting of the standardized reporting form should help
    licensees develop, air, and document in an understandable way the
    kind of responsive programming directly relevant to license renewals
    and assist the Commission in determining whether the licensees are
    serving the public interest. Third, the disclosure form provides
    information that will be useful to the Commission and the public in
    assessing the effectiveness of current policies (*e.g.,* closed
    captioning).

### Programming Information 

41. The first section of the Standardized Television Disclosure Form we
    are adopting asks for general information on the station: the
    station's call sign, channel number, community of license, ownership
    information, name of the licensee and other basic facts that
    identify the station. The next section calls for the summary
    reporting of overall programming in various categories during the
    preceding three month period. The following sections ask for more
    specific information concerning the programming provided in several
    categories. Following this is a section that asks whether the
    licensee undertook any efforts to determine the programming needs of
    its community, designed any programming to address the needs
    identified and, if so, a description of the steps the licensee
    took.. Next, there is a section on the provision of service for
    persons with disabilities. It asks for information on closed
    captioning, voluntary video description efforts, and access to
    emergency information provided to the disabled.

42. In the *Notice*, we tentatively concluded that the standardized form
    should ask questions about categories of programs and noted the
    categories of programs proposed by the Presidential Advisory
    Committee on the Public Interest Obligations of Digital
    Broadcasters.[^111] The Committee proposed to include the following
    categories: local and national news programming, local and national
    public affairs programming, programming that meets the needs of
    underserved communities, programming that contributes to political
    discourse, other local programming that is not otherwise addressed
    in the form, and PSAs.[^112] In response to the NPRM, the Public
    Interest, Public Airwaves Coalition ("PIC") submitted a proposed
    standardized form suggesting use of the following categories: local
    civic programming, local electoral affairs programming, public
    service announcements, paid public service announcements, and
    independent programming.[^113] Definitions were included with each
    of these categories, providing, for example, that local civic
    programming "includes broadcasts of interviews with or statements by
    elected or appointed officials and relevant policy experts on issues
    of importance to the community, government meetings, legislative
    sessions, conferences featuring elected officials, and substantive
    discussion of civic issues of interest to local communities or
    groups."[^114] In addition, PIC proposed that we collect information
    regarding independently produced programming, which they defined as
    "programming produced by an entity not owned or controlled by an
    owner of a national television network, including ABC, CBS, NBC,
    FOX, UPN, and WB. If an owner of a national television network owns
    or controls more than a one-third financial interest in the program,
    acts as the distributor of such program in syndication, or owns the
    copyright in such program, the owner of a national television
    network will be considered to be the producer of that program for
    the purposes of this processing guideline."[^115] 

43. Based on the record, we conclude that in order to ensure the maximum
    benefit from standardizing broadcasters' disclosure obligations, it
    is appropriate to list specific programming categories on the form.
    The Commission has developed a list of categories drawn from the
    comments filed in this proceeding. We have reviewed the categories
    and definitions proposed by PIC[^116] and consider most of them
    appropriate. For instance, in response to PIC's proposal that we
    include a question on the form regarding independently produced
    programming, we agree that the public would benefit from
    broadcasters providing information about the amount of programming
    they air that is not produced by a national television network. As
    the Supreme Court has recognized, "\[s\]afeguarding the public's
    right to receive a diversity of views and information over the
    airwaves is \... an integral component of the FCC's mission."[^117]
    Allowing broadcasters complete discretion to decide what kinds of
    programming to list in their quarterly forms may result in a
    broadcaster's failure to give a complete picture of how they are
    trying to fulfill their public interest obligations. This can lead
    to a significant gap between what broadcasters say they are doing
    and what the public perceives the broadcasters are doing to serve
    local audiences.[^118] For example, the broadcaster could simply
    ignore electoral programming (even if it aired some), leaving
    members of the public reviewing the report in the dark concerning
    this aspect of the broadcaster's service. We emphasize, however,
    that neither the form nor this *Report and Order* establishes any
    new programming obligations. Editorial control will remain in the
    hands of the licensee. All that we require is that broadcasters
    report the quantities of different types of programming that they
    choose to air. Accordingly, we reject the claims of some commenters
    that having to list program types on the standardized form will
    create program quotas, or result in the Commission selecting
    licensees' programming for them.[^119] Moreover, in determining
    whether a program falls within these categories, the Commission
    will, as it does in other contexts, generally rely on the good faith
    judgment of the broadcaster. We believe that this approach
    appropriately balances the interests of the public in having
    adequate access to information about how stations are serving their
    communities with broadcasters' ability to make programming choices.

44. We do not share the concerns of some commenters that the
    standardized form will discourage broadcaster creativity or result
    in homogenization of television nonentertainment programming.[^120]
    Each licensee will remain free to determine how best to address the
    issues facing its community. We see no reason the standardized form
    would result in uniform responses by stations. Indeed, the dialog
    that will result from the enhanced disclosure and standardized
    reporting form requirements may provide broadcasters with input that
    stimulates creative responses to community issues rather than
    homogenizing programming responses. We recognize that the
    standardized form\'s requirement that each relevant program or
    program segment be listed is a change from the current rule that
    requires only listing of programs that have provided the "most
    significant treatment" of community issues during the preceding
    three-month period. We agree with commenters that the current
    issues/programs lists have not provided an effective means for the
    public to assess licensees' performance.[^121] The requirement to
    present a comprehensive list of programming in each category, rather
    than merely samples of programming in each category, will provide
    the public with a better basis on which to evaluate whether a
    broadcaster has substantially fulfilled its public interest
    obligation to provide programming responsive to the needs and
    interests of its community. The more comprehensive disclosure will
    also allow the public to participate more effectively in license
    renewal proceedings. We also note that commenters have discussed a
    lack of uniformity and consistency in the way that broadcasters
    maintain their lists, and commented that these practices make any
    overall assessment extremely difficult.[^122] As such, we believe
    that the benefits of a standardized form that requires broadcasters
    to list all relevant programming outweighs the burdens placed upon
    broadcasters.

### Identifying Community Issues

45. The standardized form we are adopting asks two fundamental questions
    with regard to the identification of community issues. First, it
    asks whether the licensee has undertaken efforts to assess the
    programming needs of its community. Second, it asks whether the
    licensee has designed its programming to address those needs. These
    questions may be answered simply "Yes" or "No." Second, the form
    will provide space to describe efforts taken in this regard. Critics
    of the proposals assert that by requiring licensees to report how
    they determined what issues are facing their communities, we would
    essentially be re-imposing substantive ascertainment obligations.
    The requirement we are adopting does not remotely approach
    re-imposition of the detailed ascertainment obligations the
    Commission previously eliminated. Unlike prior ascertainment
    requirements, our standardized form does not mandate the nature,
    frequency, or methodology to be used by licensees in determining how
    to assess and meet their communities' needs; identify the community
    members that must be consulted; require that only certain levels of
    station employees conduct ascertainment; or even identify the
    programming needs of particular segments of the community. It is
    only asking the licensee whether and how it assessed and addressed
    the community's programming needs.

### Closed Captioning and Video Description

46. In the *Notice* we tentatively concluded that the standardized
    disclosure form should include information on broadcasters'
    provision of video description and closed captioning.[^123] The
    standardized form we are adopting today will ask broadcasters
    whether or not they have met the closed captioning requirements
    contained in Section 79.1 of the Rules.[^124] Additionally, it will
    require licensees to provide the number of hours and percentage of
    various categories of nonexempt video programming that included
    captioning, and to list programs that were not captioned due to an
    exemption and the basis for that exemption. Similarly, it will
    provide space for information on licensees' provision of video
    description services which make television programming more
    accessible to members of the audience who are blind or visually
    impaired.[^125]

47. Some commenters assert that this requirement would be of little
    benefit to individuals with disabilities since it is a retrospective
    look at what programming was captioned rather than a guide to what
    upcoming programming would be accessible.[^126] We adopt this
    requirement not to turn the standard reporting form into a
    programming guide for persons with disabilities, but in order to
    allow the public, including the disability community, to
    meaningfully participate in the licensing process. It will provide a
    basis upon which both individuals with disabilities and those
    interested in disability access issues will be able to provide
    meaningful input on licensee compliance with Section 79.1 of the
    Rules. Moreover, the form will allow licensees voluntarily providing
    video description to disclose this means of addressing the needs of
    their community.

48. Because of the importance the Commission places on the accessibility
    of emergency information, particularly considering our nation's
    priority of homeland security, we are including in the Standardized
    Television Disclosure Form space in which we will require television
    stations to report on their efforts to make emergency information
    available to further the protection of life, health, safety, and
    property as defined in Section 79.2 of the Rules. We are also asking
    stations to provide information on whether they made the information
    accessible to persons with disabilities. Our rules currently require
    stations to make emergency information available to individuals with
    disabilities through a variety of methods.[^127] We conclude that
    reporting in the Standardized Television Disclosure Form on the
    provision of emergency programming to persons with disabilities, the
    provision of which is already required by our rules, would provide
    the station's community with valuable public interest information.

### Mechanics of Making the Standardized Form Available

49. The *Notice* tentatively concluded that each licensee must make the
    form available on a quarterly basis.[^128] We also proposed that
    television broadcasters retain the standardized form in their public
    inspection files and on their websites until final action has been
    taken on the stations' next renewals.[^129] We received little
    comment on this issue. The comments that did address this issue were
    uniformly in favor of requiring the form to be updated
    quarterly.[^130] We will require that the standardized form be
    updated on a quarterly basis in the same manner as the
    issues/programs list which it replaces. Also, the standardized
    public interest forms must be retained by licensees until their next
    renewal has become final.

50. Although we stated in the *Notice* that we were not inclined to
    require the electronic filing of the standardized form with the
    Commission, some commenters urged us to do so. UCC contends that by
    requiring broadcasters to electronically file the form with the
    Commission, public interest groups and academics would have easier
    access to the information of hundreds of broadcasters in one
    place.[^131] Additionally, UCC contends that such filing would
    enable the Commission to use the aggregate information to monitor
    trends and determine whether the public interest is being
    served.[^132] PBTV similarly urges the form be filed with the
    Commission so that it can be reviewed by the Commission at renewal
    time.[^133]

51. Our goal in standardizing the form is to help foster communications
    between the broadcaster and the public it serves.[^134] We agree
    with UCC that requiring licensees file the form with the Commission
    will also enable us to use aggregate information to monitor trends
    in the industry. We also agree that mandatory filing will make the
    forms more easily accessible by public interest groups and
    academics. Aggregating this information on the Commission's website
    substantially decreases the burden on those interested in this
    information. Instead of searching the websites of all stations,
    those interested in compiling and comparing the information will
    find one database much easier to use. We believe this outweighs the
    burden of submitting a form that is already required to be compiled.
    Submission of the form does not place a substantial burden on
    licensees. We will therefore require stations to file electronically
    with the Commission on a quarterly basis on the 30th day of the
    succeeding calendar quarter (*i.e*. April 30 for the first quarter
    report; July 30 for the second quarter report; October 30 for the
    third quarter report; and January 30 of the succeeding year for the
    last quarter report).

# procedural Matters

## Final Regulatory Flexibility Analysis 

52. Pursuant to the Regulatory Flexibility Act of 1980, as amended,
    *see* 5 U.S.C. § 604, the Commission's Final Regulatory Flexibility
    Analysis in this *Report and Order* is attached as Appendix C.

## Congressional Review Act

53. The Commission will send a copy of this *Report and Order* in a
    report to be sent to Congress and the Government Accountability
    Office pursuant to the Congressional Review Act, *see* 5 U.S.C. §
    801(a)(1)(A).

## Paperwork Reduction Act Analysis 

54. This document contains new and modified information collection
    requirements subject to the Paperwork Reduction Act of 1995 ("PRA"),
    Public Law 104-13. It will be submitted to the Office of Management
    and Budget ("OMB") for review under Section 3507(d) of the PRA. OMB,
    the general public, and other Federal agencies are invited to
    comment on the new or modified information collection requirements
    contained in this proceeding.

55. In addition, we note that pursuant to the Small Business Paperwork
    Relief Act of 2002, Public Law 107-198, *see* 44 U.S.C. §
    3506(c)(4), we previously sought specific comment on how the
    Commission might "further reduce the information collection burden
    for small business concerns with fewer than 25 employees." In this
    present document, we have assessed the effects of requiring all
    television broadcasters to utilize a Standardized Television
    Disclosure Form for reporting on their public interest programming
    in lieu of the currently-required issues/programs list. We find that
    television stations with fewer than 25 employees will have to use
    the new form but that the economic impact on such businesses, and,
    indeed, on stations with any number of employees, will be attenuated
    by reason of the fact that much of the information required for the
    new standardized form is already required for the issues/programs
    list it replaces.

## Additional Information

56. This document is available in alternative formats (computer
    diskette, large print, audio record, and Braille). Persons with
    disabilities who need documents in these formats may contact Brian
    Millin at (202) 418-7426 (voice), (202) 418-7365 (TTY), or via email
    at <bmillin@fcc.gov>. For additional information on this proceeding,
    contact Holly Saurer of the Media Bureau, Policy Division, (202)
    418-7283, or via email at holly.saurer@fcc.gov.

# ORDERING CLAUSES

57. Accordingly, **IT IS ORDERED** that, pursuant to the authority
    contained in sections 1, 2, 4(i), 303, and 307 of the Communications
    Act, 47 U.S.C §§ 151, 152, 154(i), 303, and 307, this *Report and
    Order* is **ADOPTED** and Sections 73.1201, 73.3526 and 73.3527 of
    the Commission's Rules, 47 CFR §§ 73.1201,73.3526 and 73.3527, **ARE
    AMENDED** as set forth in Appendix A. Rule Sections
    73.3526(e)(11)(i) and 73.3527(e)(8) contain a collection requirement
    under the PRA and are not effective until after approval by OMB, as
    discussed in paragraph 60 below.

58. **IT IS FURTHER ORDERED** that the Consumer and Governmental Affairs
    Bureau, Reference Information Center, **SHALL SEND** a copy of this
    *Report and Order*, including the Final Regulatory Flexibility
    Analysis, to the Chief Counsel for Advocacy of the Small Business
    Administration.

59. **IT IS FURTHER ORDERED** that the requirement that stations place
    their public inspection files on their websites **SHALL BE
    EFFECTIVE** 60 days after the Commission publishes a notice in the
    Federal Register announcing OMB approval.

60. **IT IS FURTHER ORDERED** that the requirement that stations use the
    Television Standardized Disclosure Form, which is subject to
    approval by the Office of Management and Budget ("OMB"), **SHALL BE
    EFFECTIVE** 60 days after the Commission publishes a notice in the
    Federal Register announcing OMB approval of the form, or upon the
    next quarterly reporting date, whichever is later.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**Rules**

Part 73 of Title 47 of the U.S. Code of Federal Regulations is amended
to read as follows:

PART 73 -- RADIO BROADCAST SERVICES

1.  The Authority citation for Part 73 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 303, 307, and 554.

2.  Section 73.1201 is amended by adding § 73.1201(b)(3) as follows:

**§ 73.1201 Station identification.**

\* \* \* \* \*

\(b\) Content.

\* \* \* \* \*

\(3\) Twice daily, the station identification for television stations
must include a notice of the existence, location and accessibility of
the station's public file. The notice must state that the station's
public file is available for inspection and that consumers can view it
at the station's main studio and on its website. At least one of the
announcements must occur between the hours of 6 p.m. and midnight.

3.  Section 73.3526 is amended by revising §§ 73.3526(b) and (e)(11)(i)
    to read as follows:

**§ 73.3526 Local public inspection file of commercial stations.**

\* \* \* \* \*

\(b\) *Location of the file.* The public inspection file shall be
located as follows:

\(i\) A hard copy of the public inspection file shall be maintained at
the main studio of the station. An applicant for a new station or change
of community shall maintain its file at an accessible place in the
proposed community of license or at its proposed main studio.

\(ii\) A television station licensee or applicant that had a website for
its station\[s\] as of **\[insert date of release of this *Report and
Order*\]** shall also place the contents of its public inspection file
on its website or, if permitted, the website of its state broadcasters
association as of 60 days after the Commission publishes a notice in the
Federal Register announcing OMB approval. A station not having their own
website as of November 27, 2007, must place their files on any website
they may later create or, if permitted, on the website of its state
broadcasters association, by 60 days after the Commission publishes a
notice in the Federal Register announcing OMB approval or within thirty
days of the date it makes the website available to the public, whichever
is later. A station that places public inspection files on its state
broadcasters association's website must link to that site from its own
website. A television licensee or applicant does not have to place on
its website any material that is available on another freely accessible
website for which no registration is required as long as it provides a
link to that website. This applies, for example, to material that is
posted on the FCC's website, such as material required by §§
73.3526(e)(8)("The Public and Broadcasting") and 11(iii)("Children's
Television Programming Reports"). A licensee does not have to post
letters from the public on the electronic version of its public
inspection files but must post on its website e-mails from the public.

\* \* \*

(9)(iii) written communication does not need to be posted to the public
file placed on a station's website, but e-mail messages must be placed
on the station's website, in addition to being placed in a station's
public file at its main studio. The website must also provide notice
that a complete set of letters from the public is available at the main
studio.

\* \* \*

(11)(i) *TV Standardized Public Interest Reporting Form.* For commercial
TV and Class A TV broadcast stations, every three months a completed
Standardized Television Disclosure Form with regard to the station's
efforts to determine the issues facing its community and the programming
aired during the preceding three month period in response to those
issues. The form for each calendar quarter is to be filed by the
thirtieth day of the succeeding calendar quarter (*e.g.,* January 30 for
the quarter October-December, April 30 for the quarter January-March,
etc.). The forms described in this paragraph shall be retained in the
public inspection file until final action has been taken on the
station's next license renewal application.

\* \* \* \* \*

4.  Section 73.3527 is amended by revising §§ 73.3527(b) and (e)(8) to
    read as follows:

**§ 73.3527 Local public inspection file of noncommercial educational
stations.**

\* \* \* \* \*

(b) *Location of the file.* The public inspection file shall be located
    as follows:

> \(i\) A hard copy of the public inspection file shall be maintained at
> the main studio of the station. An applicant for a new station or
> change of community shall maintain its file at an accessible place in
> the proposed community of license or at its proposed main studio.
>
> \(ii\) A television station licensee or applicant that had a website
> for its station\[s\] as of **\[insert date of release this *Report and
> Order*\]**, shall also place the contents of its public inspection
> file on its website or, if permitted, the website of its state
> broadcasters association as of 60 days after the Commission publishes
> a notice in the Federal Register announcing OMB approval. A station
> not having their own website as of November 27, 2007, must place their
> files on any website they may later create or, if permitted, on the
> website of its state broadcasters association, by 60 days after the
> Commission publishes a notice in the Federal Register announcing OMB
> approval or within thirty days of the date it makes the website
> available to the public, whichever is later. A station placing its
> public inspection files on its state broadcasters association's
> website must link to that site from its own website. A television
> licensee or applicant does not have to place on its website any
> material that is available on another freely accessible website for
> which no registration is required as long as it provides a link to
> that website. This applies, for example, to material that is posted on
> the FCC's website, such as material required by § 73.3527(e)(7) ("The
> Public and Broadcasting").

\* \* \*

(8) *TV Standardized Public Interest Reporting Form.* For noncommercial
    educational TV and Class A TV broadcast stations, every three months
    a completed Standardized Public Interest Reporting Form with regard
    to the station's efforts to determine the issues facing its
    community and the programming aired during the preceding three month
    period in response to those issues. The form for each calendar
    quarter is to be filed by the thirtieth day of the succeeding
    calendar quarter (*e.g.,* January 30 for the quarter
    October-December, April 30 for the quarter January-March, etc.). The
    forms described in this paragraph shall be retained in the public
    inspection file until final action has been taken on the station's
    next license renewal application.

\* \* \* \* \*

**APPENDIX B**

**Standardized Television Disclosure Form**

  ------------------------------------------ ------- ---------------------
  Federal Communications Commission                  Not approved by OMB

  Washington, D.C. 20554                             3060-XXXX

                                                     
  ------------------------------------------ ------- ---------------------

**INSTRUCTIONS FOR FCC 355**

**STANDARDIZED TELEVISION DISCLOSURE FORM**

**GENERAL INSTRUCTIONS**

**[Introduction]{.underline}**

This FCC Form is to be used to provide information on the efforts of
commercial and noncommercial educational television broadcast stations
to provide programming responsive to issues facing their communities.
This is required by Sections 73.3526(e)(11)(i) and 73.3527(e)(8) of the
Commission's Rules. See [Report and Order]{.underline} in MM Docket No.
00-168 (2007). Licensees are required to include significant treatment
of community issues.

**[Applicable Rules and Regulations]{.underline}**

Before this form is prepared, the licensee should review the relevant
portions of Sections 73.3526(e)(11)(i) and 73.3527(e)(8) in Title 47 of
the Code of Federal Regulations (C.F.R.). Copies of Title 47 may be
purchased from the Government Printing Office. Current prices may be
obtained from the GPO Customer Service Desk at (202) 512-1803. For
payment by credit card, call (202) 518-1800 or 1-866-518-1800, M-F, 8
a.m. to 4 p.m. EST; facsimile orders may be placed by dialing (202)
518-2233, 24 hours a day. Payment by check may be made to the
Superintendent of Documents, Attn: New Orders, P.O. Box 371954,
Pittsburgh, PA 15250-7954. Replies to questions on this form and the
licensee\'s statements constitute representations on which the FCC may
rely in considering the renewal of the licensee\'s television broadcast
authorization. Thus, time and care should be devoted to all replies,
which should reflect accurately the licensee\'s programming efforts to
provide significant treatment of issues facing its community.

**[Preparation and Retention of Reports]{.underline}**

Pursuant to 47 C.F.R. Sections 73.3526(e)(11)(i) and 73.3527(e)(8)(ii)
of the Commission's Rules, each television broadcast licensee must
prepare a Standardized Television Disclosure Form for each calendar
quarter reflecting the community issues to which the station gave
significant treatment with programming and the programming that provided
this treatment. The licensee must place a copy of each quarterly report
in its station\'s public inspection file by the 30th day of the
succeeding calendar quarter ([i.e.]{.underline}, by April 30 for the
first quarterly report; by July 30 for the second quarterly report; by
October 30 for the third quarterly report; and by January 30 for the
fourth quarterly report). All entries on the report must be typed or
legibly printed in ink. The signed original of each report should be
retained in the station\'s non-public files, and a copy placed in the
public inspection file and posted on the station's website.

**[Filing Reports with the Commission]{.underline}**

The Standardized Television Disclosure Form 355 must be filed
electronically with the Commission on a **quarterly** basis on the
following dates: April 30 for the first quarter report; July 30 for the
second quarter report; October 30 for the third quarter report; and
January 30 of the succeeding year for the last quarter report. FCC Form
355 can be filed electronically over the Internet by accessing the FCC
Web site at http://www.fcc.gov, selecting Electronic filing from the
menu (above the Headlines banner), then selecting the Standardized
Television Disclosure Form (FCC Form 355). Follow the instructions on
that page for the electronic preparation and filing of the FCC 355
report. No fee is required to file this report.

**[Incorporation by Reference]{.underline}**

Licensees may **[NOT]{.underline}** incorporate by reference data,
documents, exhibits, or other showings. All applicable items on this
form must be answered without reference to a previous filing.

**[For Assistance]{.underline}**

For assistance with preparing this form, contact the Video Division of
the Media Bureau at the FCC, Washington, D.C. 20554, Telephone Number
(202) 418-1600.

**[Definitions]{.underline}**

For purposes of this Form, please use the following definitions:

> **Local Civic Affairs Programming**: Local civic affairs programming
> is designed to provide the public with information about local issues.
> Local civic affairs programming includes, but is not limited to,
> broadcasts of interviews with or statements by elected or appointed
> officials and relevant policy experts on issues of importance to the
> community, government meetings, legislative sessions, conferences
> featuring elected officials, and substantive discussions of civic
> issues of interest to local communities or groups.
>
> **Local Electoral Affairs Programming**: Local electoral affairs
> programming consists of candidate-centered discourse focusing on the
> local, state and United States Congressional races for offices to be
> elected by a constituency within the licensee's broadcast area. Local
> electoral affairs programming includes broadcasts of candidate
> debates, interviews, or statements, as well as substantive discussions
> of ballot measures that will be put before the voters in a forthcoming
> election.
>
> **Primary Channel**: The primary channel means the FCC-required free
> over-the-air programming service which, like its analog
> predecessor, provides entertainment, sports, local and national news,
> election results, weather advisories, access for candidates, and
> public interest programming such as educational programming for
> children (*see Advanced Television Systems and Their Impact Upon the
> Existing Television Broadcast Service*, Fifth Report and Order, 12 FCC
> Rcd 12,809, 12820-22 (1997)). 
>
> **Public Service Announcements**: A public service announcement is any
> announcement for which no consideration of any sort (including, but
> not limited to, cash, goods or services, in-kind contributions,
> endorsements, favorable treatment) is made to the licensee or any
> organization or entity associated with the licensee and which promotes
> programs, activities or services of federal, state or local
> governments or the programs, activities or services of nonprofit
> organizations.
>
> **Paid Public Service Announcements**: A paid public service
> announcement is any announcement where consideration of any sort
> (including, but not limited to, cash, goods or services, in-kind
> contributions, endorsements, favorable treatment) is made to the
> licensee or any organization or entity associated with the licensee
> but which otherwise meets the definition of a public service
> announcement.
>
> **Independently Produced Programming**: Independently produced
> programming is programming aired during prime-time that is produced by
> an entity not owned or controlled by an owner of a national television
> network, including but not limited to ABC, CBS, NBC, and FOX.  If an
> owner of a national television network owns or controls more than a
> one-third financial interest in the program, acts as the distributor
> of such program in syndication, or owns the copyright in such program,
> the owner of a national television network will be considered to be
> the producer of that program.

**INSTRUCTIONS FOR SPECIFIC ITEMS ON FCC FORM 355**

[Question 1]{.underline}. The licensee should provide its current call
sign, channel number, and community of license, including city, state,
county, and zip code, as set forth in its license authorization. The
licensee should also provide its licensee name and ownership
information, indicate the station's license renewal expiration date,
indicate the call sign used on the preceding Standardized Television
Disclosure Form prepared for the station (if different from the current
call sign), and check the appropriate box indicating whether it is a
network affiliate (if so, identify the affiliated network) or an
independent station. In addition, if the licensee has a World Wide Web
home page, it should provide the address. The licensee should also
provide the stations' facility ID number, contact name and number, and
list all non-primary programming streams and the main programming focus.

[Question 2(a)]{.underline}. List the channel and the average number of
hours per week of the types of programming on the primary and all
non-primary channels. The types of programming include, but are not
limited to, local civic affairs programming, local electoral affairs
programming, independently produced programming, and public service
announcements, as defined above.

Question 2(b) -- (c). List news programs or program segments, both
national and local, aired during the quarter that include significant
treatment of community issues, and that are not listed elsewhere on the
form. Also indicate the date/time aired and the length.

Question 2(d) -- (e). For each type of programming, as defined above,
list programming and programming segments aired during the quarter that
include significant treatment of community issues, and that are not
listed elsewhere on the form. Also indicate the date/time aired and the
length. Program segments may include, but are not limited to, a feature
or story on a local public affairs or news program.

Question 2(f). List independently produced programming aired during the
quarter. Also indicate the producer; date and time aired; length; and
number of times aired.

Question 2(g). List all locally oriented programming that includes
significant treatment of community issues, and that are not listed
elsewhere on the form. Also indicate the length and the date/time aired.

Question 2(h). For all public service announcements that include
significant treatment of community issues, aired during the quarter from
6am to 12 am, indicate the sponsoring organization; general goal of the
PSA; name of the PSA; number of times aired; percentage of times aired
during prime time; and the length.

Question 2(i). For all paid public service announcements that include
significant treatment of community issues, aired during the quarter from
6am to 12 am, indicate the sponsoring organization; general goal of the
PSA; name of the PSA; number of times aired; percentage of times aired
during prime time; and the length.

[Question 3]{.underline}. Indicate whether the station made any other
efforts to serve the needs of its community. If it did, describe those
efforts in the space provided.

[Question 4(a)]{.underline}. Indicate whether the licensee provided
closed captioning as required by 47 C.F.R. §79.1. If any programming was
not captioned due to an exemption (see 47 C.F.R. §79.1(d)) list the
programming and state the basis for the exemption.

[Question 4(b)]{.underline}. Although Video Description is not required
by statute or the Commission's Rules, indicate whether the station
voluntarily provided video description services for the vision impaired
and, if so, list the total number of hours aired with video description,
the type of programming and which channel or program stream contained
the description.

[Question 5]{.underline}. Indicate whether the station made emergency
information available to further protect life, health, safety, and
property as defined in 47 C.F.R. 79.2. The Commission's Rules also
require that broadcast emergency information be made accessible to
persons with disabilities, and this form requires the licensee to
indicate that they have met such requirements, pursuant to 47 C.F.R. §
79.2.

[Signing Block]{.underline}. The Standardized Television Disclosure Form
must be signed by a station manager.

**FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE
PAPERWORK REDUCTION ACT**

The solicitation of personal information requested in this form is
authorized by the Communications Act of 1934, as amended. The
information contained in this form is chiefly for the use of the
broadcaster's community in evaluating the station's performance. The
Commission, however, may be called upon to review the information
provided in this form to evaluate licensees\' performance either in the
context of complaints filed during the license term or in its review of
petitions to deny or informal objections to renewal applications. In
reaching a determination on any such complaint, petition to deny or
informal objection, or for law enforcement purposes, it may become
necessary to refer personal information contained in this form to
another government agency. In addition, all information provided in this
form will be available for public inspection. Your response is required
to ensure compliance with the public interest standard as contained in
the Communications Act of 1934, as amended (47 U.S.C. § 151 *et seq*.).

We have estimated that each response to this collection of information
will take \_\_ hours. Our estimate includes the time to read the
instructions, look through existing records, gather and maintain the
required data, and actually complete and review the form or response. If
you have any comments on this estimate, or on how we can improve the
collection and reduce the burden it causes you, please write the Federal
Communications Commission, AMD-PERM, Paperwork Reduction Project
(3060-0754), Washington, DC 20554. We will also accept your comments via
the Internet if your send them to Judith-B.Herman@fcc.gov. Please DO NOT
SEND COMPLETED APPLICATIONS TO THIS ADDRESS. Remember - you are not
required to respond to a collection of information sponsored by the
Federal government, and the government may not conduct or sponsor this
collection, unless it displays a currently valid OMB control number of
if we fail to provide you with this notice. This collection has been
assigned an OMB control number of\_\_\_\_\_\_\_\_-\_\_\_\_\_\_\_\_.

THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L.
93-579, DECEMBER 31, 1974, 5 U.S.C. Section 552a(e)(3), AND THE
PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C.
Section 3507.

**Standardized Television Disclosure Form**

**Report reflects information for quarter ending (mm/dd/yy)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**1. GENERAL INFORMATION**

<table>
<colgroup>
<col style="width: 10%" />
<col style="width: 2%" />
<col style="width: 7%" />
<col style="width: 3%" />
<col style="width: 14%" />
<col style="width: 9%" />
<col style="width: 1%" />
<col style="width: 17%" />
<col style="width: 1%" />
<col style="width: 33%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="2" rowspan="2">1. Call Sign</td>
<td colspan="2" rowspan="2">Channel Number</td>
<td colspan="6">Community of License</td>
</tr>
<tr class="even">
<td>City</td>
<td colspan="2">State</td>
<td colspan="2">County</td>
<td>Zip Code</td>
</tr>
<tr class="odd">
<td colspan="10">Legal Name of Licensee</td>
</tr>
<tr class="even">
<td colspan="3">Network Affiliation:</td>
<td colspan="5">Nielsen DMA</td>
<td colspan="2" rowspan="3"><p>World Wide Web Home Page Address</p>
<p>(If Applicable)</p></td>
</tr>
<tr class="odd">
<td colspan="3"><p>Publicly held⁭</p>
<p>If no, please state type of ownership.</p></td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="3"> Independent</td>
<td colspan="5"> Commercial  Noncommercial</td>
</tr>
<tr class="odd">
<td colspan="3">Facility ID Number</td>
<td colspan="3">Previous Call Sign (If Applicable)</td>
<td colspan="4">License Renewal Expiration Date (mm/dd/yyyy)</td>
</tr>
<tr class="even">
<td colspan="10">List names(s) of parent companies or affiliates. For
each, state if publicly held and, if not, type of ownership.</td>
</tr>
<tr class="odd">
<td colspan="10">Contact Name and Number</td>
</tr>
<tr class="even">
<td colspan="10">Was this station transferred or assigned during this
quarter?  Yes  No</td>
</tr>
<tr class="odd">
<td colspan="10">List primary and non-primary programming streams and
the main programming focus:</td>
</tr>
<tr class="even">
<td>Channel</td>
<td colspan="9">Main Programming Focus</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="9"></td>
</tr>
<tr class="even">
<td></td>
<td colspan="9"></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="9"></td>
</tr>
<tr class="even">
<td></td>
<td colspan="9"></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="9"></td>
</tr>
</tbody>
</table>

**2. PROGRAMMING INFORMATION**

  -------- -- --------------------------------------------------------------
  **a)**      **[Overall Programming]{.underline}: List the channel and the
              average number of hours per week of the indicated types of
              programming on the primary and all non-primary channels.**

  -------- -- --------------------------------------------------------------

  --------------- --------------- ------------- ------------- ------------- ------------- -------------
                  Primary[^135]   Non-Primary   Non-Primary   Non-Primary   Non-Primary   Non-Primary

  Channel Number                                                                          

  Total                                                                                   
  Programming                                                                             
  Hours                                                                                   

  High Definition                                                                         

  National News                                                                           
  Programming                                                                             

  Local News                                                                              
  Programming                                                                             
  produced by                                                                             
  station                                                                                 

  Local News                                                                              
  Programming                                                                             
  produced by                                                                             
  entity other                                                                            
  than station                                                                            
  (identify                                                                               
  entity)                                                                                 

  Local Civic                                                                             
  Affairs[^136]                                                                           

  Local Electoral                                                                         
  Affairs[^137]                                                                           

  Independently                                                                           
  Produced                                                                                

  Other Local                                                                             
  Programming                                                                             

  Public Service                                                                          
  Announcements                                                                           

  Paid Public                                                                             
  Service                                                                                 
  Announcements                                                                           

  Closed                                                                                  
  Captioning                                                                              
  --------------- --------------- ------------- ------------- ------------- ------------- -------------

  -------- -- --------------------------------------------------------------
  **b)**      **[National News]{.underline}: For each program or program
              segment aired this quarter that is national news, includes
              significant treatment of community issues and is not listed
              elsewhere on this form, give the following information.**

  -------- -- --------------------------------------------------------------

+-------------------------------+--------------------------------------+
| Title:                        |                                      |
+-------------------------------+--------------------------------------+
| Dates/Times Aired:            | Length:                              |
+-------------------------------+--------------------------------------+
| Please indicate which program |                                      |
| or segment has:               |                                      |
|                               |                                      |
|  Aired on the primary        |                                      |
| channel.                      |                                      |
|                               |                                      |
|  Been locally produced.      |                                      |
|                               |                                      |
|  Previously aired on this or |                                      |
| another station.              |                                      |
|                               |                                      |
|  Been part of a regularly    |                                      |
| scheduled news program.       |                                      |
|                               |                                      |
|  Been broadcast for payment  |                                      |
| or any sort of consideration  |                                      |
| to the licensee or any        |                                      |
| related organization or       |                                      |
| entity.                       |                                      |
+-------------------------------+--------------------------------------+

  -------- -- --------------------------------------------------------------
  **c)**      **[Local News]{.underline}: For each program or program
              segment aired this quarter that is local news, includes
              significant treatment of community issues and is not listed
              elsewhere on this form, give the following information.**

  -------- -- --------------------------------------------------------------

+-------------------------------+--------------------------------------+
| Title:                        |                                      |
+-------------------------------+--------------------------------------+
| Dates/Times Aired:            | Length:                              |
+-------------------------------+--------------------------------------+
| Please indicate which program |                                      |
| or segment has:               |                                      |
|                               |                                      |
|  Aired on the primary        |                                      |
| channel.                      |                                      |
|                               |                                      |
|  Been locally produced.      |                                      |
|                               |                                      |
|  Previously aired on this or |                                      |
| another station.              |                                      |
|                               |                                      |
|  Been part of a regularly    |                                      |
| scheduled news program.       |                                      |
|                               |                                      |
|  Been broadcast for payment  |                                      |
| or any sort of consideration  |                                      |
| to the licensee or any        |                                      |
| related organization or       |                                      |
| entity.                       |                                      |
+-------------------------------+--------------------------------------+

  -------- -- --------------------------------------------------------------
  **d)**      **[Local Civic Affairs Programming]{.underline}: For each
              program or program segment aired this quarter that meets the
              definition of local civic affairs programming, includes
              significant treatment of community issues, and is not listed
              elsewhere on this form, give the following information.**

  -------- -- --------------------------------------------------------------

+-------------------------------+--------------------------------------+
| Title:                        |                                      |
+-------------------------------+--------------------------------------+
| Dates/Times Aired:            | Length:                              |
+-------------------------------+--------------------------------------+
| Please indicate which program |                                      |
| or segment has:               |                                      |
|                               |                                      |
|  Aired on the primary        |                                      |
| channel.                      |                                      |
|                               |                                      |
|  Been locally produced.      |                                      |
|                               |                                      |
|  Previously aired on this or |                                      |
| another station.              |                                      |
|                               |                                      |
|  Been part of a regularly    |                                      |
| scheduled news program.       |                                      |
|                               |                                      |
|  Been broadcast for payment  |                                      |
| or any sort of consideration  |                                      |
| to the licensee or any        |                                      |
| related organization or       |                                      |
| entity.                       |                                      |
+-------------------------------+--------------------------------------+

  -------- -- --------------------------------------------------------------
  **e)**      **[Local Electoral Affairs Programming]{.underline}: For each
              program or program segment aired this quarter that meets the
              definition of local electoral affairs programming, includes
              significant treatment of community issues, and is not listed
              elsewhere on this form, give the following information.**

  -------- -- --------------------------------------------------------------

+-------------------------------+--------------------------------------+
| Title:                        |                                      |
+-------------------------------+--------------------------------------+
| Dates/Times Aired:            | Length:                              |
+-------------------------------+--------------------------------------+
| Please indicate which program |                                      |
| or segment has:               |                                      |
|                               |                                      |
|  Aired on the primary        |                                      |
| channel.                      |                                      |
|                               |                                      |
|  Been locally produced.      |                                      |
|                               |                                      |
|  Previously aired on this or |                                      |
| another station.              |                                      |
|                               |                                      |
|  Been part of a regularly    |                                      |
| scheduled news program.       |                                      |
|                               |                                      |
|  Been broadcast for payment  |                                      |
| or any sort of consideration  |                                      |
| to the licensee or any        |                                      |
| related organization or       |                                      |
| entity.                       |                                      |
+-------------------------------+--------------------------------------+

  -------- -- --------------------------------------------------------------
  **f)**      **[Independently Produced Programming]{.underline}: For each
              independently produced program that was aired on the primary
              channel during prime time this quarter, provide the following
              information.**

  -------- -- --------------------------------------------------------------

  ----------------------------------- ----------------- -----------------
  Title:                              Produced by:      

  Dates/Times Aired:                  Length:           Number of Times
                                                        Aired:
  ----------------------------------- ----------------- -----------------

  -------- -- --------------------------------------------------------------
  **g)**      **[Local Programming]{.underline}: List all locally originated
              programming that includes significant treatment of community
              issues and is not listed elsewhere.**

  -------- -- --------------------------------------------------------------

  ------------------------------- ---------------------------------------
  Title:                          

  Length:                         Date/Time Aired:

   check if program was          
  broadcast for consideration of  
  any sort (including, but not    
  limited to, cash, goods or      
  services, in-kind               
  contributions, endorsements,    
  favorable treatment) to the     
  licensee or any related         
  organization or entity.         
  ------------------------------- ---------------------------------------

  -------- -- --------------------------------------------------------------
  **h)**      **[Public Service Announcements]{.underline}: Please complete
              the following information concerning all public service
              announcements that include significant treatment of community
              issues aired this quarter during the hours of 6 am-12 am.**

  -------- -- --------------------------------------------------------------

  ---------------- ------------------- -----------------------------------
  Sponsoring                           General Goal of PSA:
  Organization                         

  Name of PSA:                         

  No. of Times     \% of times aired   PSA Length:
  Aired:           during prime time   
  ---------------- ------------------- -----------------------------------

  -------- -- --------------------------------------------------------------
  **i)**      **[Paid Public Service Announcements]{.underline}: Please
              complete the following information concerning all paid public
              service announcements that include significant treatment of
              community issues aired this quarter during the hours of 6
              am-12 am.**

  -------- -- --------------------------------------------------------------

  ----------------------------- -----------------------------------------
  Sponsoring Organization       General Goal of PSA:

  Name of PSA:                  

  No. of Times Aired:           PSA Length:
  ----------------------------- -----------------------------------------

> **j)** **[Underserved Communities]{.underline}: List the programs
> aired that were aimed at serving the**
>
> **needs of underserved communities, *i.e.,* demographic segments of
> the community of**
>
> **license to whom little or no programming is directed.**

  ----------------------------- -----------------------------------------
  Title:                        Underserved Community Served:

  Program Type/Format:          

  Program Length:               Date/Time Aired:

  Describe how programming met  
  the needs of the underserved  
  community:                    

   check if program was        
  broadcast for consideration   
  of any sort (including, but   
  not limited to, cash, goods   
  or services, in-kind          
  contributions, endorsements,  
  favorable treatment) to the   
  licensee or any related       
  organization or entity.       
  ----------------------------- -----------------------------------------

> **k) [Religious Programming]{.underline}: Please identify any
> broadcasts of religious services or other**
>
> **locally produced religious programs that were aired at no charge.**

  -------------------------------- --------------------------------------
  Title:                           

  Dates/Times Aired:               Length:
  -------------------------------- --------------------------------------

**3. MEETING COMMUNITY NEEDS**

+-----+---+--------------------------------------------------+-----------+
| **a |   | Did the licensee undertake any efforts to        |  Yes    |
| )** |   | determine the programming needs of its           | No        |
|     |   | community?                                       |           |
| **b |   |                                                  |           |
| )** |   | Did the licensee design any programming to       |           |
|     |   | address the needs identified in (a), above?      |           |
+-----+---+--------------------------------------------------+-----------+
| If  |   |                                                  |           |
| yes |   |                                                  |           |
| to  |   |                                                  |           |
| (a) |   |                                                  |           |
| and |   |                                                  |           |
| /or |   |                                                  |           |
| (   |   |                                                  |           |
| b), |   |                                                  |           |
| ple |   |                                                  |           |
| ase |   |                                                  |           |
| de  |   |                                                  |           |
| scr |   |                                                  |           |
| ibe |   |                                                  |           |
| the |   |                                                  |           |
| st  |   |                                                  |           |
| eps |   |                                                  |           |
| the |   |                                                  |           |
| li  |   |                                                  |           |
| cen |   |                                                  |           |
| see |   |                                                  |           |
| t   |   |                                                  |           |
| ook |   |                                                  |           |
| bel |   |                                                  |           |
| ow. |   |                                                  |           |
+-----+---+--------------------------------------------------+-----------+
|     |   |                                                  |           |
+-----+---+--------------------------------------------------+-----------+

**4. SERVICE FOR PERSONS WITH DISABILITIES**

  -------------- -- ------------------------------------------------- ------------
  **a)**            **[Closed Captioning]{.underline}**: Has the       Yes  No
                    broadcaster met the relevant closed captioning    
                    requirements? (See 47 C.F.R. 79.1).               

  State the                                                           
  number of                                                           
  hours and                                                           
  percentage of                                                       
  each category                                                       
  of nonexempt                                                        
  video                                                               
  programming.                                                        

                                                                      

  Please list                                                         
  programs that                                                       
  were not                                                            
  captioned due                                                       
  to exemption                                                        
  and state the                                                       
  basis for the                                                       
  exemption.                                                          

                                                                      

                                                                      

  **b)**            **[Video Description]{.underline}:** Did the       Yes  No
                    licensee voluntarily provide video description    
                    services for the vision impaired?                 

  If Yes, list                                                        
  the total                                                           
  number of                                                           
  hours with                                                          
  video                                                               
  description,                                                        
  the type of                                                         
  program and                                                         
  which channel                                                       
  contained                                                           
  video                                                               
  description.                                                        

                                                                      
  -------------- -- ------------------------------------------------- ------------

  --------------- -- ------------------------------------------------- -------------
  **5. CURRENT                                                         
  EMERGENCY                                                            
  INFORMATION**                                                        

  **a)**             Did the licensee broadcast information about a     Yes  No
                     current emergency that was intended to further    
                     the protection of life, health, safety, and       
                     property as defined in 47 C.F.R. 79.2?            

  If yes, list                                                         
  the channels                                                         
  that contained                                                       
  the emergency                                                        
  information and                                                      
  the situation                                                        
  that prompted                                                        
  its use.                                                             

                                                                       
  --------------- -- ------------------------------------------------- -------------

  -------------- -- ------------------------------------------------ -------------
  **b)**            Was the information in 5(a) accessible to         Yes  No
                    persons with disabilities as required in 47      
                    C.F.R. 79.2?                                     

  If no, list                                                        
  the current                                                        
  emergency that                                                     
  was not                                                            
  accessible to                                                      
  persons with                                                       
  disabilities                                                       
  and the reason                                                     
  it was not                                                         
  accessible.                                                        

                                                                     
  -------------- -- ------------------------------------------------ -------------

6\. LOCAL MARKETING AGREEMENTS, JOINT SALES AGREEMENTS, AND SIMILAR
AGREEMENTS

+-----------------------------------------------------------------------+
| The licensee leases or sells three hours or more per day to an entity |
| other than the licensee pursuant to a local marketing agreement or    |
| time brokerage agreement, or has entered into a joint sales or        |
| similar agreement                                                     |
|                                                                       |
|  Yes  No                                                            |
+-----------------------------------------------------------------------+
| If the answer is yes, please explain:                                 |
+-----------------------------------------------------------------------+

**WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE
AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR
REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE,
TITLE 47, SECTION 312 (a)(1), AND/OR FOREFEITURE (U.S. CODE, TITLE 47,
SECTION 503).**

I certify that the statements in this application are true, complete,
and correct to the best of my knowledge and belief, and are made in good
faith.

  ----------------------------------- -----------------------------------
  Typed or Printed Name of Signatory  Typed or Printed Title of Signatory

  Signature                           Date
  ----------------------------------- -----------------------------------

**APPENDIX C**

**Final Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^138] an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Matter of Standardized and Enhanced Disclosure
Requirements for Television Broadcast Licensee Public Interest
Obligations, MM Docket No. 00-168, *Notice of Proposed Rulemaking,* 15
FCC Rcd 19816 (2000) ("*Notice*").[^139] Prior to issuing that *Notice*
we had developed a record in our television public interest obligation
proceeding (*Notice of Inquiry in MM Docket No. 99-360,* 14 FCC Rcd
21633 (1999)("*Notice of Inquiry*")), that indicated that members of the
public had encountered difficulties in trying to access information that
our current rules require be maintained in stations' public inspection
files. The Commission sought written public comment on the proposals in
the *Notice*, including comment on the IRFA. This present Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.[^140]

# I. Need for, and Objectives of, the Adopted Rules {#i.-need-for-and-objectives-of-the-adopted-rules .unnumbered}

The purpose of this proceeding is to determine whether our current
requirements pertaining to television stations' public inspection files
are sufficient to ensure that the public has adequate access to
information on how the stations are serving their communities. We
tentatively concluded in the *Notice* that our current requirements were
not sufficient and that a standardized form to provide information on
how stations serve the public interest would be desirable. Additionally,
we proposed to enhance the public's ability to access public interest
information by requiring television licensees to make the contents of
the public inspection files, including the standardized form, available
on their stations' Internet websites or, alternatively, on that of their
state broadcasters association. In this *Report and Order* we adopt a
standardized form for the quarterly reporting of programming aired in
response to issues facing a station's community and a requirement that
portions of each station's public inspection file be placed on the
Internet.

**II. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA**

As noted, prior to our *Notice* the record in our television public
interest obligation proceeding (*Notice of Inquiry, supra*) indicated
that members of the public had encountered difficulties in trying to
access information that our current rules require be maintained in
stations' public inspection files. Although not submitted in direct
response to the IRFA, comments also asserted that the new requirements
would be costly. In the *Notice*, which contained an IRFA (15 FCC Rcd at
19835), we tentatively concluded that our current requirements were not
sufficient and that a standardized form to provide information on how
stations serve the public interest would be desirable. Additionally, we
proposed to enhance the public's ability to access information by
requiring television licensees to make the contents of the public
inspection files, including the standardized form, available on their
stations' Internet websites or, alternatively, on the website of their
state broadcasters association. We received no comments directly in
response to the IRFA.

**III. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Apply**

The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that will be
affected by the rules.[^141] The RFA generally defines the term \"small
entity\" as having the same meaning as the terms \"small business,\"
\"small organization,\" and \"small business concern\" under section 3
of the Small Business Act. [^142] 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.[^143]

Nationwide, there are a total of approximately 22.4 million small
businesses, according to SBA data.[^144] A "small organization" is
generally "any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field."[^145] Nationwide, as of
2002, there were approximately 1.6 million small organizations.[^146]
The term "small governmental jurisdiction" is defined generally as
"governments of cities, towns, townships, villages, school districts, or
special districts, with a population of less than fifty thousand."[^147]
Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States.[^148] We estimate that,
of this total, 84,377 entities were "small governmental
jurisdictions."[^149] Thus, we estimate that most governmental
jurisdictions are small.

**Television Broadcasting**. The Census Bureau defines this category as
follows: "This industry comprises establishments primarily engaged in
broadcasting images together with sound. These establishments operate
television broadcasting studios and facilities for the programming and
transmission of programs to the public."[^150] The SBA has created a
small business size standard for Television Broadcasting entities, which
is: such firms having \$13 million or less in annual receipts.[^151]
According to Commission staff review of the BIA Publications, Inc.,
Master Access Television Analyzer Database as of May 16, 2003, about 814
of the 1,220 commercial television stations in the United States had
revenues of \$12 (twelve) million or less. We note, however, that in
assessing whether a business concern qualifies as small under the above
definition, business (control) affiliations[^152] must be included. 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, an element of the definition of "small business" is that
the 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 station is dominant in its field of
operation. Accordingly, the estimate of small businesses to which rules
may apply do not exclude any television station from the definition of a
small business on this basis and are therefore over-inclusive to that
extent. Also as noted, an additional element of the definition of "small
business" is that the entity must be independently owned and operated.
We note that it is difficult at times to assess these criteria in the
context of media entities and our estimates of small businesses to which
they apply may be over-inclusive to this extent.

There are also 2,117 low power television stations ("LPTV").[^153] Given
the nature of this service, we will presume that all LPTV licensees
qualify as small entities under the above SBA small business size
standard.

**IV. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements**

Television broadcasters that currently maintain a website would be
required to place the major portion of their public inspection files on
that website or, if permitted, on their state broadcasters association's
website. (A station that places public inspection files on its state
broadcasters association's website must link to that site from its own
website.) Broadcast stations would also continue to maintain a hard copy
of the public inspection files at their main studios, as is currently
required by the Commission's Rules.

In addition, a standardized public interest reporting form would replace
the current issues/programs list for television station licensees. This
form would ask for information on the broadcast of a number of types of
nonentertainment programming including the date, time, and duration of
the programming, the program stream it was broadcast on (in the case of
digital television multicasting), whether the program was captioned, and
the steps taken by the licensee to acquaint itself with the issues
facing its community. (This form will not establish programming
guidelines or an ascertainment methodology.)

**V. Steps Taken to Minimize Significant Impact on Small Entities and
Significant Alternatives Considered**

Several steps were taken, in part, to minimize any possible significant
impact on small entities. For instance, we determined that only the
television broadcasters that currently maintain a website would be
required to place the major portion of their public inspection files on
that website or, if permitted, on their state broadcasters association's
website. Thus, if television broadcasters do not already maintain a
website, they will not be required to create one. It is probable that
the smaller the television station entity is, the less likely it is to
have a website. In addition, television stations would not be required
to place letters from the public on their websites, given the volume of
material involved. Stations would also be permitted to link to the
Commission's website rather than place the Commission publication "The
Public and Broadcasting" and their quarterly Children's Television
Programming Report (Form 398) on their own website.

**VI. Report to Congress**

The Commission will send a copy of the *Report and Order*, including
this FRFA, in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, *see* 5
U.S.C. § 801(a)(1)(A). In addition, the Commission will send a copy of
the *Report and Order*, including the FRFA, to the Chief Counsel for
Advocacy of the Small Business Administration. A copy of the *Report and
Order* and FRFA (or summaries thereof) will also be published in the
Federal Register. *See* 5 U.S.C. § 604(b).

**STATEMENT OF**

**CHAIRMAN KEVIN J. MARTIN**

Re: Standardized and Enhanced Disclosure Requirements for Television
Broadcast Licensee Public Interest Obligations, MM Docket No. 00-168;
Extension of the Filing Requirement for Children's Television
Programming Report (FCC Form 398) (MB Docket Nos. 00-168 and 00-44)

Today we take steps to highlight the work many broadcasters are doing to
serve their community, and shine a light on those who could improve
their commitment to localism. Specifically, we require broadcasters to
post on the Internet information about how the programming they air
serves their local communities. Television stations will file a
standardized form on a quarterly basis that specifically details the
type of programming that they air and the manner in which they do it.
Most broadcasters are proud of the local programming and news they are
airing. The forms we require will describe a host of programming
information including the local civic affairs, local electoral affairs,
public service announcements (whether sponsored or aired for free) and
independently produced programming. With a standardized form and public
Internet access to it, public and government officials will now be able
to engage them directly in a discussion about exactly what local
commitments broadcasters are and/or should be fulfilling.

Broadcasters are required to meet the needs and interests of their local
audience and the item we adopt today allows the public to better monitor
how they are fulfilling this public interest obligation. This public
"report card" will shine a bright light on the activities of television
stations across the country.

**STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

 

*Re:       Standardized and Enhanced Disclosure Requirements for
Television Broadcast Licensee Public Interest Obligations & Extension of
the Filing Requirement For Children's Television Programming Report (FCC
Form 398)* *(MB Docket Nos. 00-168 and 00-44)*

 

            This is a good step forward.  While it doesn't deliver the
real kind of public interest standards that I think the American people
would like to have for those who manage the public's airwaves, it will
provide significantly more information to inform us all about what and
how broadcasters are doing.  So if we ever get serious about having an
honest-to-goodness licensing and re-licensing regime around here---and I
intend to push hard for that---we will have much better data on which to
make those decisions.

 

            For decades, representatives of the public interest
community have recognized the importance of requiring enhanced
disclosure by broadcasters.  Thanks in large part to the pioneering
scholarship and advocacy of these tireless individuals, it has been
widely accepted for some time that broadcasters have an obligation to
give the American people a better picture of how their airwaves are
being used.  Indeed, by the late 1990s---when President Clinton and Vice
President Gore convened the Advisory Committee on Public Interest
Obligations of Digital Television Broadcasters---the one mandatory
requirement that both industry and public interest representatives could
agree upon was enhanced disclosure requirements for broadcasters.

 

            So while today's item is long overdue, it is also enormously
welcome.  Requiring stations all across the country to post standardized
information about programming aired in response to issues facing local
communities will be an enormous service to us all.  It means that every
American citizen will have the tools necessary to see whether or not
local broadcasters are living up to their end of the bargain to serve
the public interest in return for free use of the people's property. 

 

            I fear many of us may be quite troubled by what we learn. 
To take one example, researchers at the University of Southern
California documented several years ago that, in the 30 days before the
last Presidential election, only around 8 percent of local newscasts
contained any local electoral coverage, including coverage of races for
the U.S. House of Representatives.  This is a shocking conclusion, with
enormous relevance for contemporary policy debates.  In order to reach
this important conclusion, researchers had to watch over 2,000 hours of
newscasts from markets all across the country.  Needless to say, few
scholars have the resources to conduct this type of study.  Today's
item, however, will allow researchers to conduct similar analyses in a
tiny fraction of the time.

 

            Even more important than the impact on program analysis,
today's decision will also empower concerned and politically active
citizens to become involved in the fight for a better and more
democratic media environment.  Every American citizen will be able to
look up, on the Internet, the programs aired by his or her local station
in the discharge of its public interest obligations.  Every citizen will
be able to form an independent opinion about whether that station is
doing enough to justify the continued use of the public airwaves.  And
if citizens come to believe that a station is not holding up its end of
the bargain, they can petition the FCC not to renew that station's
license. 

Here we come full circle, of course, because that gets us right back to
the need to put in place a credible system that makes re-licensing
contingent on a station's actual performance in serving the public
interest.  Our mantra should be: no public interest performance, no
license.

 

            So what we do here today will be vindicated by what we do
about public interest obligations more expansively.  For today, I
commend the Chairman for bringing us this important and potentially very
progressive item, and I thank my colleagues for working with me to
implement a variety of additional provisions that make it even
stronger.  Many thanks also to the Bureau for its hard work.    

**STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

*Re:* *Standardized and Enhanced Disclosure Requirements for Television
Broadcast Licensee Public Interest Obligations, Extension of the Filing
Requirement for Children's Television Programming Report* (*FCC Form
398)* *(MB Docket Nos. 00-168 and 00-44)*

I am pleased to support this long overdue *Report and Order* to
standardize and enhance the disclosure of television broadcasters'
efforts to serve the viewing public, particularly in the communities
that they are licensed to serve. This proceeding, which deals with the
reporting and filing requirements of TV broadcasters, was launched in
2000. While this Order is welcomed, I must note that its companion
proceeding on the *substantive* public interest obligations of TV
broadcasters launched even earlier, in 1999, regrettably still remains
unresolved.[^154]

After more than seven years of ignoring the near unanimous voice of the
American people for the Commission to protect their right to a broadcast
media that serves their interests, this Commission has finally mustered
the courage to complete an important, but much easier, aspect of the
public interest equation: the TV broadcasters' obligation to simply
disclose and report their programming activities to the public they are
entrusted to serve.

Now it is imperative that the Commission turn to the task of clarifying
the substantive public interest obligations of broadcasters. The need
for such rules is particularly heightened given recent proposals to
relax our media ownership rules by facilitating more cross-ownership of
newspapers and broadcast outlets in all -- not just the top 20 -- media
markets. I ask my colleagues to commit to releasing an order on the
substantive public interest obligations of broadcasters before or along
with any action on media ownership.

These concerns notwithstanding, I support this *Order* because the
collection and dissemination of programming information can empower the
American people to determine systematically the extent to which TV
broadcasters provide local and national news, local civic and electoral
affairs, independently produced programming, programming targeting
underserved communities, and paid and unpaid public service
announcements. Providing such information to the American people is an
important goal. The American people have a right to know how
broadcasters -- TV and radio alike -- are using the public's airwaves.
This is akin to Wall Street investors receiving quarterly reports on
their investments. Lest not forget, the American people are the biggest
investors in the broadcasting industry.

In today's *Order* we take modest steps, requiring TV broadcasters to
file a standardized "issues/programs" list form with the Commission on a
quarterly basis and to make their public inspection files available on
the Internet. I do not believe the adoption of the standardized
disclosure form herein implicates any constitutional protections or
encourages homogenization of television programming. The FCC has clear
legal authority to require broadcasters to disclose information that
they are already required to maintain.[^155]

Today's *Order* continues to "provide television broadcasters with
increased freedom and flexibility in meeting the continuously changing
needs of the communities."[^156] Broadcasters will continue to be able
to diversify their programming, and I strongly encourage them to do so.
Additionally, because of the burgeoning use of the Internet by the
public and broadcasters, today we enhance the public's ability to access
information on a station's performance, while minimizing the costs and
burdens placed on each station.

I would like to thank the Office of Communication, Inc., of the United
Church of Christ, Alliance for Community Media, Association of
Independent Video and Filmmakers, Benton Foundation, National
Organization of Women, Consumers Union, Minority Media and
Telecommunications Council, National Association of the Deaf, and
particularly Angela Campbell, Meredith McGehee, Andy Schwartzman, Mark
Lloyd and Charles Benton for their guidance and perseverance.

**STATEMENT OF**

**COMMISSIONER DEBORAH TAYLOR TATE**

*Re: Standardized and Enhanced Disclosure Requirements for Television
Broadcast Licensee Public Interest Obligations, Extension of the Filing
Requirement for Children's Television Programming Report* (*FCC Form
398)* *(MB Docket Nos. 00-168 and 00-44)*

Broadcasters play a vital role in informing, educating, and alerting the
public about developments at home and abroad. The importance of their
relationship with the American public cannot be overestimated. In order
to strengthen this relationship, and ensure that broadcasters are
fulfilling their mission, today we adopt an Order that will make
broadcasters' operations more transparent, and allow their local viewers
to see the educational, instructional, and outreach efforts made by
broadcasters every day.

In this online world in which we live, almost every business now posts
important product and service information online. Government entities
also make consumer information available on the Web, from the local DMV
to the U.S. Congress. Producers of news and information should make
relevant business details available to their customers as well.

In an effort to achieve this partnership, we first require that a
broadcaster's public inspection file be available on the Internet, and
accessible to the disabled. We further require that broadcasters adopt a
standardized programming report form to replace the current
"issues/programs" list.

This Order is not meant to burden broadcasters, but rather to help them
inform their audiences about the valuable public interest they serve. By
providing standardized data, accessible online, broadcasters make it
easy for local residents to understand and appreciate the resources they
provide to their communities. For example, broadcasters are required to
make emergency information available to persons with disabilities. This
Order will allow local residents to go to a station's website and see
what that station has done to provide emergency information generally,
and what efforts they have undertaken to make emergency information
available specifically to persons with disabilities. We hope this will
result in increased accountability and information-sharing between
broadcasters and the public. It will also ease the Commission's efforts
in determining whether a broadcaster is in compliance with Commission
policies.

Broadcasters use the public airwaves to keep Americans connected, both
in times of joy and in times of crisis. A more transparent operations
process will allow the public to take advantage of all the services
broadcasters have to offer.

**STATEMENT OF**

**COMMISSIONER ROBERT M. MCDOWELL**

**CONCURRING IN PART, DISSENTING IN PART**

*Re: Standardized and Enhanced Disclosure Requirements for Television
Broadcast Licensee Public Interest Obligations* and *Extension of the
Filing Requirement for Children's Television Programming Report (FCC
Form 398) (MB Docket Nos. 00-168 and 00-44)*

In this Order, we require TV stations that have websites to post their
public inspection files on their websites and we adopt a standardized
form to replace the current "issues/programs list" for quarterly
reporting of programming aired in response to issues facing a station's
community. We do not alter the substantive public interest obligations
of broadcasters; rather, we amend the requirements for reporting on
those obligations. Also, we do not require stations that do not have a
website to create one.

The purpose of the public inspection file, of course, is to make
information available so that the public will be encouraged to have a
more active dialogue with their local broadcasters. I am pleased that we
are taking action to make the information in a station's public
inspection file more accessible and more useful, thus improving
communications between broadcasters and their local communities.

I am concerned, however, about the burden that the website posting
requirement, along with the 60-day implementation deadline, will have on
smaller stations. These stations are already straining their resources
to finalize their digital transition plans. Certain aspects of our Order
allay some of my concerns, however. For instance, we permit stations to
provide links directly to reports and other material available on the
FCC's website and other websites to avoid postings of duplicative
material. We do not require stations to post letters from the public on
their website unless they are comments submitted by email. Lastly, we
will entertain waiver requests from broadcasters with only rudimentary
websites that they update irregularly, or who would find the requirement
unduly burdensome.

However, requiring compliance with additional regulations immediately
may overly burden the broadcasters without sufficient corresponding
benefits to the local citizens served by the station. Accordingly, I
dissent to the 60-day implementation deadline for the required postings.
These additional regulations will impose a high initial burden and
appreciable cost of converting extensive existing paper files so that
they are accessible via the Internet. Such a quick implementation period
adds to this burden for smaller stations that are struggling most with
how to allocate their resources at this critical time before the digital
transition.

I also have significant concerns about the new standardized form we
adopt today. The form requires TV stations to file with the Commission
disclosures regarding: efforts to ascertain the programming needs of
various segments of the community; and a list reporting all programming
aired in various categories such as local news, local civic and
electoral affairs programming, religious programming, independently
produced programming and so forth. Yet, the Commission eliminated
ascertainment requirements for television and radio stations in 1984
after a thorough examination of the broadcast market. While today's
Order falls short of reinstating the ascertainment procedures discarded
by the 1984 Commission, I am concerned that we are heading in the wrong
direction. Today's highly competitive video market motivates
broadcasters to respond to the interests of their local communities. I
question the need for government to foist upon local stations its
preferences regarding categories of programming. While we stop short of
requiring certain content, we risk treading on the First Amendment
rights of broadcasters. The First Amendment applies to them too. This
form is government's not-so-subtle attempt to exert pressure on stations
to air certain types of content. I cannot aid and abet even a small step
toward such a goal. Accordingly, I also dissent to this part of the
Order. But I concur in the remainder of the Order, and thank the Bureau
again for their work.

[^1]: *See Standardized and Enhanced Disclosure Requirements for
    Television Broadcast Licensee Public Interest Obligations*, Notice
    of Proposed Rulemaking*,* 15 FCC Rcd 19816 (2000) ("*Notice*").
    Prior to issuing this Notice we had developed a record in our
    television public interest obligation proceeding *Notice of Inquiry
    in MM Docket No. 99-360,* 14 FCC Rcd 21633 (1999)("*Notice of
    Inquiry*") that indicated that members of the public had encountered
    difficulties in trying to access information that our Rules require
    to be maintained in stations' public inspection files.

[^2]: This *Report and Order* only pertains to television stations,
    pursuant to the *Notice* in this proceeding. But we note that we
    similarly sought comment on these issues as they pertain to radio in
    the *Further Notice of Proposed Rulemaking* in the Digital Audio
    Broadcasting proceeding. *See Digital Audio Broadcasting Systems and
    Their Impact on the Terrestrial Radio Broadcast Service,* Second
    Report and Order, First Order on Reconsideration and Second Further
    Notice of Proposed Rulemaking, 22 FCC Rcd 10344, 10391 (2007).

[^3]: *Broadcast Localism*, Notice of Inquiry, 19 FCC Rcd 12425 (2004);
    *Public Interest Obligations of TV Broadcast Licensees,* Notice of
    Inquiry*,* 14 FCC Rcd 21633 (1999).

[^4]: *Report and Order in Docket No. 14864*, 4 R.R.2d 1664 (1965);
    *recon*. *granted in part and denied in part* 6 R.R.2d 1527 (1965).

[^5]: 47 U.S.C. §§ 309 and 311.

[^6]: *Report and Order in Docket No. 14864* at 1666 (*citing*, *e.g.,
    Senate Report No. 690,* 86^th^ Cong., 1^st^ Sess., to accompany S.
    1898, "New Pre-Grant Procedure" (Aug. 12, 1969) page 2).

[^7]: *Id.* at 1667.

[^8]: *Revision of Programming and Commercialization Policies,
    Ascertainment Requirements, and Program Log Requirements for
    Commercial Television Stations*, Report and Order, 98 F.C.C.2d 1075,
    1107-11 (1984) ("*TV Deregulation*"); *see also* 47 C.F.R. §§
    73.3526(e)(11), 73.3527(e)(8).

[^9]: 47 C.F.R. § 73.3526(e)(11). This requirement was similar to that
    previously adopted for commercial radio stations.

[^10]: *TV Deregulation*, 98 F.C.C.2d at 1109.

[^11]: *Id.* at 1109-10.

[^12]: *See* Advisory Committee on Public Interest Obligations of
    Digital Television Broadcasters, Charting the Digital Broadcasting
    Future: Final Report of the Advisory Committee on Public Interest
    Obligations of Digital Television Broadcasters, (Dec. 18, 1998) at
    45 ("Advisory Committee Report"). The Advisory Committee Report can
    be found at: <http://www.ntia.doc.gov/pubintadvcom/piacreport.pdf>.

[^13]: *Id.* at 46 and Appendix A, "Public Interest Programming and
    Community Service Certification Form."

[^14]: *Public Interest Obligations of TV Broadcast Licensees*, Notice
    of Inquiry, 14 FCC Rcd 21633 (1999)("*NOI*").

[^15]: *See* n.1, *supra*.

[^16]: *See, e.g.,* Comments of CBC at 4; Comments of UCC at 25 (*citing
    Comm. Daily*, Oct. 12, 2000); Comments of NAB at 19.

[^17]: Comments of UCC at 25 (*citing Comm. Daily*, Oct. 12, 2000).
    Given that this data is almost seven years old, we believe that the
    percentage today is even higher.

[^18]: Comments of NAB at 19. NAB asserts, however, that only
    approximately one-quarter of stations with websites actually host,
    develop and/or maintain their own sites. *Id.* at 19-20.

[^19]: Comments of Benedek Broadcasting *et al* at 3, n.7. Not
    apparently included in this estimate was the cost of a server which
    was estimated at \$10,000 to \$15,000. *Id.* at 3, n.8.

[^20]: Comments of State Broadcasters Associations at 21 (referencing
    Exh. A, "Declaration of Dave Biondi").

[^21]: *Id.* at 22.

[^22]: STCBroadcasting estimates that it would take approximately 1,000
    hours to scan the 17,000 pages of public file material that it has,
    and to create a search engine and folders for this material would
    require an investment of at least \$8,000. Reply Comments of STC at
    5. It also calculates a total initial cost for starting up the
    website would exceed \$10,000. *Id.* Viacom estimates that the
    average public file contains approximately 4,000 pages of material
    and estimates the cost of leasing capacity for this material would
    be almost \$2,000 per year. Comments of Viacom at 25. Startup
    personnel costs for scanning the complete contents of the public
    file and converting it to PDF format would be nearly \$3000, plus
    approximately \$1,000 for a heavy duty scanner. *Id.* at 25-26. It
    estimates that placing a public file on the Internet might require
    the hiring of an additional person at an estimated salary of
    approximately \$30,000 per year. *Id.* at 26. NAB filed a report by
    MicroServe Consulting, Inc., estimating that to convert a 14,000
    page paper public file to Hyper Text Mark-Up Language ("HTML") and
    to provide a search mechanism to allow for full text searching,
    would cost approximately \$292,000. Comments of NAB at 22 (*citing*
    Attachment B at 2-3). Moreover, MicroServe estimated that stations
    would incur the following costs to place their public inspection
    files on the Internet: (a) document conversion - \$128,112; (b)
    search mechanism software - \$164,000; (c) creating a website -
    \$204,500 for hardware, software and integration costs; (d)
    \$211,000 for site development; (e) website maintenance - \$109,000;
    and (f) first-year hosting costs - \$95,400. *Id.* at Attachment B.
    This estimate does not include any cost for updating converted
    documents.

[^23]: *See, e.g.,* Comments of WCPE at 1; Reply Comments of STC at 5;
    Comments of NAB at 22 (*citing* Attachment B at 2-3).

[^24]: Even if a station's public inspection file, excluding those
    materials we have said could be excluded, contained as many as
    10,000 pages, Commission staff estimates that the cost of placing
    that volume on a broadcaster's existing website would involve a
    one-time cost less than \$15,000 and the cost of maintaining that
    volume on a server should be less than \$20 a month. We expect that
    much of that material would already exist in electronic form, but
    even if it had to be converted into electronic form the staff
    estimates that this would cost from as little as \$0.03 to as much
    as \$1.50 per page. As discussed in the text, however, given our
    exclusion of certain material from the requirement, we expect the
    volume of material required to be posted to be dramatically less
    than 10,000 pages. Therefore, as a result of the fact that
    conversion into electronic form is likely to be towards the middle
    to lower end of our range, and the volume of material required to be
    posted is expected to be dramatically less than 10,000 pages, we
    think the upper bound of total one-time cost estimates are highly
    unlikely to be reached.

[^25]: More specifically, we proposed that stations post their public
    inspection file on their website, which assumes they have one, or on
    their state broadcasters association's website, which assumes
    permission of the state broadcasters association to do so. *See
    Notice, supra,* at 19829.

[^26]: Benedeck *et al.* cite a projected estimated cost of \$35,000 to
    start up a website and operate it for a year. Comments of Benedeck
    *et al.* at 3. This estimate included both equipment and personnel.
    We are not, however, requiring stations to start up a website, and
    general operating costs cannot be attributed to our requirement.

[^27]: Almost half of the items that are required to be placed in a
    licensee's public file are also available on the Commission's
    website. These include authorizations, applications, ownership
    reports, EEO reports, a copy of *The Public and Broadcasting,* and
    children's television programming reports. By eliminating these
    documents from the number of pages to be placed on a licensee's
    website, which can eliminate hundreds of pages, we expect that the
    volume of material to be posted will be significantly less than the
    estimates discussed above.

[^28]: 47 C.F.R. § 73.2080(c)(6).

[^29]: Of course, broadcasters with only rudimentary websites that they
    update irregularly, if at all, or who would find the requirement
    unduly burdensome may always seek a waiver of the requirement by the
    Commission.

[^30]: *See, e.g.,* *Review of the Commission's Rules Regarding the Main
    Studio and Local Public Inspection Files*, Report and Order, 13 FCC
    Rcd 15691 (1998); *Amendment of Sections 73.1125 and 73.1130 of The
    Commission's Rules*, Report and Order*,* 2 FCC Rcd 3215 (1987).

[^31]: *Id.* at 18; *see also* Comments of NAB at 25.

[^32]: Comments of NBC at 15.

[^33]: Comments of Viacom at 26.

[^34]: Comments of the Walt Disney Company at 17. (Indicating that those
    most interested in the public file are advocacy groups, political
    candidates and the press "each of which typically has the resources
    to request documents from the public file in person.").

[^35]: Comments of WCPE at 2.

[^36]: *Report and Order in Docket No. 14864,* at 1667.

[^37]: Comments of Viacom at 21 (*citing* *NAACP v. FPC,* 425 U.S. 662
    (1976)).

[^38]: Comments of Sinclair at 6.

[^39]: Comments of Media Institute at 4.

[^40]: *See* 47 C.F.R. § 73.3580(c).

[^41]: *See* ¶¶ 3-4, *supra.*

[^42]: *Turner Broadcasting System, Inc. v. FCC,* 520 U.S. 180, 189
    (1997)(*citing* *U.S. v. O'Brien,* 391 U.S. 367, 377 (1968)).

[^43]: Comments of UCC at 23-24.

[^44]: Comments of State Broadcasters Associations at 21.

[^45]: Comments of Media Institute at 4.

[^46]: 47 C.F.R. §§ 73.3526(e)(6), 73.3527(e)(5), and 73.1943.

[^47]: 47 C.F.R. § 73.1943(a).

[^48]: 47 C.F.R. §73.1943(c).

[^49]: *Review of the Commission's Rules Regarding the Main Studio and
    Local Public Inspection Files of Broadcast Television and Radio
    Stations*, Report and Order, 13 FCC Rcd 15691 (1998), *recon.
    granted in part*, 14 FCC Rcd 11113 (1999).

[^50]: *Id.* at 11122.

[^51]: *Id.*

[^52]: *Id.*

[^53]: 47 C.F.R. § 73.1943(c).

[^54]: Comments of NAB at 28 (need for frequent update); Comments of
    Benedeck *et al*. at p.4, n.12 (volume of material).

[^55]: *Extension of the Filing Requirement For Children's Television
    Programming Reports (FCC Form 398),* Report and Order and Further
    Notice of Proposed Rulemaking, 15 FCC Rcd 22921 (2000).

[^56]: *Id.* at 22930.

[^57]: <http://gullfoss2.fcc.gov/prod/kidvid/prod/kidvid.htm>.

[^58]: Comment of NAB at 2-3.

[^59]: *See* 47 C.F.R. §§ 73.3526(e)(8) and 73.3527(e)(7).

[^60]: One commenter estimates that the file of comments from the public
    for only one of its stations comprised a stack of comments 18 inches
    thick. *See* Comments of Benedeck *et al.* at p. 4, n.11.

[^61]: Reply Comments of Tribune at 3-4. *See also* Comments of NBC at
    15 (estimating that its stations' public files range from several
    thousand, to as many as 10,000 pages, "particularly \[in\] larger
    markets that receive a large volume of correspondence from the
    public"). Tribune opposes being required to place its stations'
    public inspection files on the Internet and contends that the
    remedy, if stations are violating the public file rule, is for the
    Commission to enforce the rule. We are not, however, taking the
    instant actions because we have found widespread violation of the
    public file rule by licensees. Indeed, we have not found any pattern
    of such violation. Rather, we are taking these actions in order to
    make the file more accessible to the public.

[^62]: Comments of NAB at 20. NAB estimated that, based on a survey it
    conducted, the average public inspection file of the stations
    surveyed contained 14,000 pages.

[^63]: *Notice,* at 19829-30.

[^64]: *See, e.g.,* Comments of CBC at 5; Comments of WGBH at 3;
    Comments of PBTV at 13; Comments of TDI at 2; Comments of UCC at 28.

[^65]: Comments of PBTV at 14.

[^66]: Comments of State Broadcasters Associations at 21; Comments of
    NAB at 23, n.41.

[^67]: Comments of TDI at 2.

[^68]: *See* <http://www.w3.org/TR/WCAG10/#Introduction>.

[^69]: We note that television station licensees may have other
    requirements for accessibility under the Americans with Disabilities
    Act or the Rehabilitation Act, Pub. L. No. 101-336, § 401, 104 Stat.
    327, 336-69 (1990) and Section 508 of the Rehabilitation Act, 29
    U.S.C. § 794(d), as amended by the Workforce Investment Act of 1998
    (Pub. L. 105-220), August 7, 1998.

[^70]: Comments of WGBH at 4.

[^71]: Comments of TDI at 5.

[^72]: Our requirement that licensees make public file information
    available by phone only applies to those licensees that maintain
    their main studios and public files outside their communities of
    license. 47 C.F.R. §§ 73.3526(c)(2)(i) and 73.3527(c)(2)(i). *See*
    ¶19, *supra*.

[^73]: *Notice,* at 19830-31.

[^74]: Comments of CBC at 5.

[^75]: *See* Comments of PBTV at 13; Comments of UCC at 28.

[^76]: *See* 47 C.F.R. § 73.1201.

[^77]: *Notice,* at 19816.

[^78]: *See TV Deregulation*, 98 F.C.C.2d at 1091 and 1109-11.

[^79]: *Notice* at 19819.

[^80]: *Id.* at 19820.

[^81]: *Id.*

[^82]: *Id.* at 19824-25.

[^83]: *Id.* at 19826*.*

[^84]: *Id.* Comments filed by NAB in response to the *Notice of
    Inquiry* had indicated the vast majority of broadcasters consult
    with local leaders in deciding which issues to address. *Id.* at
    19826-27.

[^85]: *Id.* at 19828.

[^86]: *See* Appendix B, *infra*.

[^87]: *See, e.g.,* Comments of PBTV at 2-4; Comments of CBC at 2-3;
    Reply Comments of UCC at 11.

[^88]: Comments of PBTV at 2-5.

[^89]: Comments of UCC at 3.

[^90]: *Id.*

[^91]: Comments of People for Better TV at 4.

[^92]: Reply Comments of PBTV at 5.

[^93]: Comments of CBC at 3.

[^94]: Comments of PBTV at 18.

[^95]: Reply Comments of Tribune at 2.

[^96]: As noted above, broadcasters' substantive public interest
    obligations are being considered in other proceedings. *See
    Broadcast Localism*, Notice of Inquiry, 19 FCC Rcd 12425 (2004);
    *Public Interest Obligations of TV Broadcast Licensees,* Notice of
    Inquiry*,* 14 FCC Rcd 21633 (1999).

[^97]: Reply Comments of State Broadcasters Association at 5.

[^98]: Reply Comments of Tribune at 4.

[^99]: Comments of Benedeck *et al*. at 8.

[^100]: Comments of NAB at 10-12.

[^101]: *See, e.g.,* Comments of CBC at 2-3; Comments of PBTV at 2-5.

[^102]: In August 2003, the Commission launched a "Localism in
    Broadcasting" initiative designed to review, and possibly enhance,
    localism practices among broadcasters (the "Localism Proceeding").
    *See* *FCC Chairman Powell Launches "Localism in Broadcasting"
    Initiative,* News Release (Aug. 20, 2003). In addition to conducting
    a series of field hearings on the subject, the Commission issued a
    Notice of Inquiry seeking written input from the public on how
    broadcasters are serving the interests and needs of their
    communities; whether the agency needs to adopt new policies,
    practices, or rules designed directly to promote localism in
    broadcast television and radio; and, if so, what those policies,
    practices, or rules should be. *Broadcast Localism (MM Docket No.
    04-233)*, Notice of Inquiry, 19 FCC Rcd 12425 (2004) (the "Localism
    Docket"). The Commission has conducted field hearings on localism
    issues in Charlotte, North Carolina (October 22, 2003); San Antonio,
    Texas (January 28, 2004); Rapid City, South Dakota (May 26, 2004);
    Monterey, California (July 21, 2004); Portland, Oregon (June 28,
    2007); and Washington, DC (October 31, 2007).

[^103]: *Compare, e.g*., Testimony of Mary Klenz, Co-President, League
    of Women Voters of North Carolina at Charlotte, North Carolina,
    Localism Task Force Hearing (October 22, 2003), Charlotte Tr.
    133-135 (lack of local political programming); Testimony of Martin
    Kaplan, Associate Dean, Annenberg School for Communication,
    University of Southern California, at Monterey, California, Localism
    Task Force Field Hearing (July 21, 2004), Monterey Tr. 63-65 (lack
    of local news, political programming) ("Kaplan Testimony"); Comments
    of Delia Saldivar, Radio Bilingue, Inc., KHDC-FM, Salinas,
    California, at Monterey, California Localism Task Force Hearing
    (July 21, 2004), Monterey Tr. 127 ("a large segment of the
    population \[Latinos\] is being excluded from effective radio
    service") at 2; with Testimony of Michael Ward, General Manager of
    WNCN-TV, Charlotte, North Carolina Localism Task Force Hearing
    (October 22, 2003), Charlotte Tr. 139 (television stations are
    successful due to local involvement and local relevance); Chuck
    Tweedle, Senior Regional Vice President of Bonneville
    International's San Francisco and St. Louis Divisions; General
    Manager of KOIT-AM/FM in San Francisco, California, at Monterey,
    California Localism Task Force Hearing (July 21, 2004), Monterey Tr.
    78-79 (Bonneville produces and airs three local public affairs
    programs each week and its three bay area stations also broadcast
    more than four hours of locally-produced news. In addition, other
    individuals expressed their concerns during the "open microphone"
    portion of each hearing proceeding, while their local broadcasters
    discussed their responsive programming at length during the same
    hearing. *See, e.g*., Testimony of Deborah Lavoy at San Antonio,
    Texas Localism Task Force Hearing (January 28, 2004), San Antonio
    Tr. 153-54 (lack of quality news coverage of local issues);
    Testimony of Robert McGann, President and General Manager of
    KENS-TV, at San Antonio, Texas Localism Task Force Hearing (January
    28, 2004), San Antonio Tr. 62-64 (localism is the business of local
    television, and KENS-TV programming is responsive to its viewers).

[^104]: *See, e.g*., Kaplan Testimony at 3, Monterey Tr. 66-67; Comments
    of Sam Brown, MB Docket No. 04-233, at 3 (Nov. 1, 2004).

[^105]: *See, e.g*., *WDBB-TV, Inc.,* Memorandum Opinion and Order and
    Notice of Apparent Liability, 21 FCC Rcd 6009(MB 2006); *Springfield
    Broadcasting Partners*, Notice of Apparent Liability, 21 FCC Rcd
    1364 (MB 2006); *Libco, Inc.,* Notice of Apparent Liability, 20 FCC
    Rcd 16553 (MB 2005).

[^106]: 47 C.F.R. § 73.3526(b). In certain limited cases, the current
    public file rules allow members of the public to call a station and
    request that copies of public file documents be sent to the
    requester, at the requester's expense. *See* 47 C.F.R. §
    73.3526(c)(2).

[^107]: *See, e.g., Digital Broadcast Content Protection*, Report and
    Order and Notice of Proposed Rulemaking, 18 FCC Rcd 23550 (2003*),
    rev'd and vacated,* *American Library Ass'n v FCC*, 406 F.3d 689
    (D.C. Cir. 2005).

[^108]: *See, e.g*., Comments of KISS-FM, MB Docket No. 04-233, at 1,6
    (Nov. 1, 2004), Comments of KLEW(TV), MB Docket No. 04-233, at 1,3
    (Nov. 1, 2004); Comments of Media General/WJTV(TV), MB Docket No.
    04-233, at 3 (Oct. 29, 2004); Comments of NBC Telemundo License
    Corp., MB Docket No. 04-233, at 15 (Jan. 4, 2005).

[^109]: *See, e.g*., Comments of Brian Wallace, MB Docket No. 04-233, at
    7 (Aug. 18, 2004); Comments of Emily Viglielmo, President, Hawaii
    Chapter of Society of Professional Journalists, MB Docket No.
    04-233, at 3 (Nov. 22, 2004); Comments of Campaign Legal Center and
    Alliance for Better Campaigns, MB Docket No. 04-233, at 5-6 (Nov. 1,
    2004); Comments of Midwest Communications-Battle Creek, MB Docket
    No. 04-233, at 2-5 (Nov. 1, 2004) (discussing its bi-weekly
    solicitation for programming input from viewers and their e-mail
    responses); Comments of USC Annenberg School for Communication, MB
    Docket No. 04-233, at 3 (Sept. 1, 2004).

[^110]: We believe that the Commission has clear legal authority to
    mandate that stations maintain programming records. *See* 47 U.S.C.
    § 303(j); *Office of Communications of United Church of Christ* *v.
    FCC*, 779 F.2d 702, 707 (D.C. Cir. 1985) ("There is no question but
    that the Commission has the statutory authority to require whatever
    recordkeeping requirements it deems appropriate.").

[^111]: *Notice,* at 19824 and n.50.

[^112]: Advisory Committee Report at 104-05, App. A. Historically, the
    Commission has focused on different programming categories at
    different times, but has not adopted any exclusive list of program
    types that might be responsive to the requirement that licensees
    broadcast programs in the public interest. In 1946, the Commission,
    in its *Report on Public Service Responsibility of Broadcast
    Licensees* made reference to programming types for notation on
    station program logs, which were specifically defined, including,
    for example, "sustaining programs" defined as programs "neither paid
    for by a sponsor nor interrupted by a spot announcement" in addition
    to defining local live, network, commercial, etc. This Report, which
    has become known as the "Blue Book" was issued as an internal
    Commission document and is available in the Commission's library. In
    1949, in its *Report on Editorializing by Broadcast Licen*sees, 13
    FCC 1246, 1249 (1949), the Commission focused on "news" as well as
    other "programs devoted to the consideration and discussion of
    public issues of interest in the community served." Although
    specifically not intended to be "all-embracing or constant" the
    Commission in its 1960 *En Banc Programming Inquiry*, 44 FCC 2303,
    2314 (1960), made reference to the following categories: "(1)
    opportunity for local self-expression, (2) the development and use
    of local talent, (3) programs for children, (4) religious programs,
    (5) educational programs, (6) public affairs programs, (7)
    editorialization by licensees, (8) political broadcasts, (9)
    agricultural programs, (10) news programs, (11) weather and market
    reports, (12) sports programs, (13) service to minority groups, (14)
    entertainment programs."

[^113]: *See Notice of Ex Parte Meeting and Attachment,* filed by The
    Public Interest, Public Airwaves Coalition (May 14, 2004). According
    to PIC, independent programming is important to further the public
    interest in diversity of viewpoints and localism. *See* Letter from
    James Bachtell, Georgetown University Law Center Institute for
    Public Representation to Marlene Dortch, Secretary, Federal
    Communications Commission, at attachment (filed Jun. 24, 2004)
    (*citing* Alliance for Better Campaigns *et al*, *Public Interest
    Obligations and the Digital Television Age* (Apr. 7, 2004).

[^114]: *Id.* Full definitions are listed in Appendix B.

[^115]: *Id.*

[^116]: We received very little other comment on specific programming
    categories; rather, most commenters focused on the merits, or lack
    thereof, of specifying categories.

[^117]: *Metro Broadcasting, Inc. v. FCC*, 497 U.S. 547, 567 (1990),
    *overruled in part on other grounds in* *Adarand Constructors Inc.
    v. Pena*, 515 U.S. 200, 227 (1995).

[^118]: *See supra* n.103; *Broadcast Localism*, Report on Broadcast
    Localism and Notice of Proposed Rulemaking, FCC 07-218 ¶¶ 31, 34
    (rel. Jan. 24, 2008).

[^119]: *See*, *e.g.,* Comments of ALTV at 2; Comments of State
    Broadcasters Association at 9; Comments of NAB at 7.

[^120]: Comments of Belo at 4-5; Comments of State Broadcasters
    Association at 13; Comments of NAB at 10.

[^121]: Comments of UCC at 3-4; Reply Comments of UCC at 10-11; Comments
    of PBTV at 4-5.

[^122]: *Id.*

[^123]: *Notice,* at 19825.

[^124]: 47 C.F.R. § 79.1.

[^125]: The Commission's Rules requiring video description of some
    programming were invalidated by the United States Circuit Court for
    the District of Columbia Circuit. *MPAA v. FCC*, 309 F.3d 796 (D.C.
    Cir. 2003). Thus, no licensee is required to provide video
    description services. To the extent they provide programming with
    video description voluntarily, they should list it on the form.

[^126]: *Id .See also* Reply Comments of State Broadcasters Associations
    at 7 and Reply Comments of NAB at 13.

[^127]: *See* 47 C.F.R. § 79.2(b).

[^128]: The form must be placed in the public inspection file, as well
    as on the station's website, if it maintains one, as discussed
    above.

[^129]: *Notice,* at 19829. Items required to be maintained in the
    public inspection file generally must be retained until final action
    has been taken, although there are exceptions. *See, e.g.*, 47
    C.F.R. §§ 73.3526(e)(3), (4), and (5) for examples of exceptions to
    this rule.

[^130]: *See* Comments of CBC at 4; Comments of PBTV at 10; Comments of
    UCC at 5.

[^131]: Comments of UCC at 27.

[^132]: *Id.*

[^133]: Comments of PBTV at 13.

[^134]: *See* ¶12, *supra.*

[^135]: If station is transmitting an analog signal, and to the extent
    analog programming stream differs from primary digital stream,
    please provide analog information on a separate attachment.

[^136]: To the extent this programming was carried during national or
    local news programming, please deduct from number of hours reported
    for those categories.

[^137]: To the extent this programming was carried during national or
    local news programming, please deduct from number of hours reported
    for those categories.

[^138]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601 -- 612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^139]: Standardized and Enhanced Disclosure Requirements for Television
    Broadcast Licensee Public Interest Obligations, MM Docket No.
    00-168, *Notice of Proposed Rulemaking,* 15 FCC Rcd 19816, 19835-38
    (2000) ("*Notice*").

[^140]: *See* 5 U.S.C. § 604.

[^141]: 5 U.S.C. § 603 (b)(3).

[^142]: 5 U.S.C. § 601 (3)(1980).

[^143]: 5 U.S.C. § 632

[^144]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
    page 40 (July 2002).

[^145]: 5 U.S.C. § 601(4).

[^146]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^147]: 5 U.S.C. § 601(5).

[^148]: U.S. Census Bureau, Statistical Abstract of the United States:
    2006, Section 8, page 272, Table 415.

[^149]: We assume that the villages, school districts, and special
    districts are small, and total 48,558. *See* U.S. Census Bureau,
    Statistical Abstract of the United States: 2006, section 8, page
    273, Table 417. For 2002, Census Bureau data indicate that the total
    number of county, municipal, and township governments nationwide was
    38,967, of which 35,819 were small. *Id.*

[^150]: U.S. Census Bureau, 2002 NAICS Definitions, "515120 Television
    Broadcasting" (partial definition);
    <http://www.census.gov/epcd/naics02/def/NDEF515.HTM>.

[^151]: 13 C.F.R. § 121.201, NAICS code 515120.

[^152]: "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 to power to control both." 13 C.F.R. § 21.103(a)(1).

[^153]: *FCC News Release*, "Broadcast Station Totals as of September
    30, 2005."

[^154]: *See Public Interest Obligations of TV Broadcast* *Licensees*,
    Notice of Inquiry, MM Docket No. 99-360, 14 FCC Rcd 21633 (1999).
    For the public interest obligations of radio broadcast licensees,
    see Digital Audio Broadcasting Systems and Their Impact on the
    Terrestrial Radio Service, Second Report and Order, First Order on
    Reconsideration and Second Further Notice on Proposed Rulemaking,
    (MM Docket No. 99-325, 22 FCC Rcd 10344, 10391 (2007). The
    Commission has failed to act on either proceeding.

[^155]: *See, e.g*., 47 C.F.R. § 73.3526(e)(11)(i)(requiring
    broadcasters to prepare and maintain in a public file a quarterly
    list of that station's most significant treatment of community
    issues).

[^156]: *Revision of Programming and Commercialization Policies,
    Ascertainment Requirements and Program Log Requirement for
    Commercial Television Stations*, 98 F.C.C. 2d. 1046, 1107 (1984).