Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 9859 

The Commission is also considering, 

without proposing a specific rule, 

whether and how Tribes without tribal 

lands can qualify for the Tribal Priority. 

The proposals offered for consideration 

by commenters are (1) Whether an 

applicant or proponent is deemed to 

provide tribal area coverage if it covers 

a certain threshold tribal population or 

population density, (2) whether 

historical or contemporary cultural links 

between a Tribe and land or population 

covered should be taken into account in 

making the tribal coverage and 

community of license determinations, 

and (3) whether the fact that a currently 

landless Tribe or Tribes previously 

occupied the coverage area or proposed 

community of license should be taken 

into account. The Commission 

considers these proposals, and seeks 

comment and suggestions as to other 

ways to extend the benefits of the Tribal 

Priority to those Tribes that do not have 

reservations or other tribal lands, 

allowing such ‘‘landless’’ Tribes to 

acquire radio stations to achieve the 

goals of aiding tribal development, and 

perpetuating tribal language and 

culture. 

Legal Basis. The authority for this 

proposed rulemaking is contained in 

Sections 1, 2, 4(i), 303, 307, and 309(j) 

of the Communications Act of 1934, 47 

U.S.C 151, 152, 154(i), 303, 307, and 

309(j). 

Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply. The RFA 

directs the Commission to provide a 

description of and, where feasible, an 

estimate of the number of small entities 

that will be affected by the proposed 

rules. The RFA generally defines the 

term ‘‘small entity’’ as encompassing the 

terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

entity.’’ In addition, the term ‘‘small 

Business’’ has the same meaning as the 

term ‘‘small business concern’’ under the 

Small Business Act. A small business 

concern is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the SBA. 

Radio Stations. The proposed rules 

and policies potentially will apply to all 

AM and FM radio broadcasting 

applicants, and proponents for new FM 

allotments, who qualify for the Tribal 

Priority adopted in the First R&O in this 

proceeding. The ‘‘Radio Stations’’ 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public. Programming may originate 

in their own studio, from an affiliated 

network, or from external sources. The 

SBA has established a small business 

size standard for this category, which is: 

such firms having $7 million or less in 

annual receipts. According to BIA 

Advisory Services, LLC, MEDIA Access 

Pro Database on March 17, 2009, 10,884 

(95%) of 11,404 commercial radio 

stations have revenue of $6 million or 

less. Therefore, the majority of such 

entities are small entities. We note, 

however, that in assessing whether a 

business concern qualifies as small 

under the above size standard, business 

affiliations must be included. In 

addition, to be determined to be a ‘‘small 

business,’’ the entity may not be 

dominant in its field of operation. We 

note that it is difficult at times to assess 

these criteria in the context of media 

entities, and our estimate of small 

businesses may therefore be overinclusive. 

Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements. The proposed rule and 

procedural changes may, in some cases, 

impose different reporting requirements 

on existing and potential radio licensees 

and permittees, insofar as they would 

require or allow certain applicants to 

file new technical and population 

coverage information on or after filing 

the short form application (FCC 175) or 

in the noncommercial educational long 

form application (FCC 340). However, 

the information to be filed is already 

familiar to broadcasters, and the 

information requested to claim the 

Tribal Priority is similar to current 

Section 307(b) showings, so any 

additional burdens would be minimal. 

To the extent that other applicants 

would be disadvantaged by Tribes 

qualifying for the Tribal Priority, the 

Commission believes that such burdens 

would be offset by the fact that the 

Tribal Priority is designed to redress 

inequities in the number of tribal radio 

licensees, compared to the population of 

tribal citizens in the United States and 

the fact that some of these citizens were 

deprived of their original tribal lands. 

The Tribal Priority, then, not only helps 

the Commission to meet its goals of 

ownership and program diversity, but 

also furthers the federal government’s 

obligations toward Tribes to assist them 

in promulgating tribal languages and 

cultures, and to support tribal selfgovernment. 

Steps Taken to Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered. The 

RFA requires an agency to describe any 

significant alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. In the FNPRM, the 

Commission seeks to provide additional 

opportunities for participation by Tribes 

in broadcast auctions, especially FM 

auctions, and to open up the Tribal 

Priority to those Tribes who do not 

currently have tribal lands, and who 

therefore cannot qualify under the 

Tribal Priority’s tribal coverage 

criterion. The Commission is open to 

consideration of alternatives to the 

proposals under consideration, as set 

forth herein, including but not limited 

to alternatives that will minimize the 

burden on broadcasters, most of whom 

are small businesses. There may be 

unique circumstances these entities may 

face, and we will consider appropriate 

action for small broadcasters when 

preparing a Report and Order in this 

matter. 

Federal Rules Which Duplicate, 

Overlap, or Conflict With, the 

Commission’s Proposals. None. 

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 e-mail at 

Brian.Millin@fcc.gov. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–3492 Filed 3–3–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–307; MB Docket No. 10–49; RM– 

11593] 

Television Broadcasting Services; 

Beaumont, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Freedom Broadcasting of Texas 

(‘‘Freedom Broadcasting’’), the licensee 

of KFDM(TV), channel 21, Beaumont, 

Texas. Freedom Broadcasting requests 


sroberts on DSKD5P82C1PROD with PROPOSALS
9860 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 

the substitution of channel 25 for 

channel 21 at Beaumont. 

DATES: Comments must be filed on or 

before March 19, 2010, and reply 

comments on or before March 29, 2010. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

John P. Janka, Esq., Latham & Watkins 

LLP, 555 Eleventh Street, NW., 

Washington, DC 20005. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, 

adrienne.denysyk@fcc.gov, Media 

Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

10–49, adopted February 23, 2010, and 

released February 24, 2010. The full text 

of this document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs). (Documents will 

be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts (other than 

ex parte presentations exempt under 47 

CFR 1.1204(a)) are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1208 for rules governing 

restricted proceedings. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 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, 334, 336. 

§ 73.622 [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Texas, is amended by adding 

channel 25 and removing channel 21 at 

Beaumont. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. 2010–4566 Filed 3–3–10; 8:45 am] 

BILLING CODE 6712–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1809, 1827, 1837, and 

1852 

RIN 4700–AD43 

Release, Handling, and Protection of 

Restricted Information 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule amends 

the NASA Federal Acquisition 

Regulation (FAR) Supplement (NFS) to 

clarify the policy and procedures 

regarding the release of contractors’ 

restricted information and the handling 

and protection of restricted information 

by contractors. This document proposes 

to change the term ‘‘sensitive 

information’’ to ‘‘restricted information;’’ 

clarify what data constitutes restricted 

information; and revise and move the 

coverage relative to providing 

contractors access to restricted 

information and release of contractors’ 

restricted information to another part. 

These changes are required to clarify the 

applicability of clauses addressing 

contractor handling and protection of 

restricted information and to clarify 

what data constitutes restricted 

information. Additionally, these 

changes will provide for consistent 

application of clauses and 

understanding of what constitutes 

restricted information. This proposed 

rule would also update NASA’s waiver 

of the requirements of FAR 9.505–4 to 

reflect the policy and procedures 

regarding the release of contractors’ 

restricted information and the handling 

and protection of restricted information 

by contractors. This proposed 

rulemaking would monitor and work to 

align with recent administration efforts 

to review the controlled unclassified 

information (CUI) framework to the 

extent that it impacts information 

designation, protection, release, and 

handling procedures addressed in this 

proposed rule. 

DATES: Comments should be submitted 

on or before May 3, 2010 to be 

considered in formulation of the final 

rule. 

ADDRESSES: Interested parties may 

submit comments, identified by RIN 

number 2700–AD43, via the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments may also be submitted to 

Leigh Pomponio, NASA Headquarters, 

Office of Procurement, Contract 

Management Division, Washington, DC 

20546. Comments may also be 

submitted by e-mail to 

leigh.pomponio@nasa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Leigh Pomponio, Office of Procurement, 

Contract Management Division, (202) 

358–0592, e-mail: 

leigh.pomponio.@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Currently the NFS addresses the 

release of contractors’ sensitive 

information and access to sensitive 

information in NFS Part 1837, Service 

Contracting and NFS Subpart 1837.2, 

Advisory and Assistance Services, uses 

the term ‘‘sensitive information’’ to 

describe data that may be subject to 

certain restrictions or subject to special 

handling procedures and protection 

from inappropriate disclosure. This rule 

changes the term ‘‘sensitive information’’ 

to ‘‘restricted information’’ as well as 

amends and moves from NFS Subpart 

1837.2 to NFS Subpart 1827.4, Rights in 

Data and Copyrights, NASA’s policy on 

release and protection and handling of 

such information. This action serves to 

clarify the nature of the information and 


sroberts on DSKD5P82C1PROD with PROPOSALS