7748 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

the text ‘‘Beginning with the CY 2022 

performance period/2024 MIPS 

payment year’’. 

■ b. In paragraph (b)(1)(i)(C), removing 

the text ‘‘Beginning with the CY 2023 

performance period/2025 MIPS 

payment year’’ and adding in its place 

the text ‘‘Beginning with the CY 2022 

performance period/2024 MIPS 

payment year’’. 

Karuna Seshasai, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2022–02623 Filed 2–9–22; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 25, 73, and 76 

[MB Docket No. 21–293; FCC 22–5; FR ID 

69577] 

Political Programming and 

Recordkeeping Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission updates the political 

programming and recordkeeping rules 

for broadcast licensees, cable television 

system operators, Direct Broadcast 

Satellite (DBS) service providers, and 

Satellite Digital Audio Radio Service 

(SDARS) licensees. The revisions 

conform the political programming and 

recordkeeping rules with statutory 

requirements, reflect modern campaign 

practices, and increase transparency. 

DATES: Effective March 14, 2022, except 

for the amendments to §§ 25.701(d), 

25.702(b), 73.1943, and 76.1701, which 

are delayed indefinitely. The 

Commission will publish a document in 

the Federal Register announcing the 

effective date. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Kathy 

Berthot, Kathy.Berthot@fcc.gov, of the 

Media Bureau, Policy Division, (202) 

418–7454. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 22–5, adopted and 

released on January 25, 2022. This 

document will be available via ECFS, 

http://www.fcc.gov/cgb/ecfs/. 

Documents will be available 

electronically in ASCII, Word, and/or 

Adobe Acrobat. Alternative formats are 

available for people with disabilities 

(Braille, large print, electronic files, 

audio format), by sending an email to 

fcc504@fcc.gov or calling the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Paperwork Reduction Act of 1995 

Analysis 

This document contains new or 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, will invite the 

general public and the OMB to comment 

on the information collection 

requirements contained in the 

amendments to §§ 25.701(d), 25.702(b), 

73.1943(a) and (b), and 76.1701(a) and 

(b), in a separate Federal Register 

document, as required by the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, see 44 U.S.C. 3507. In addition, 

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 we might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs, that this rule is ‘‘non-major’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Report and Order to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 

Synopsis 

I. Introduction 

1. In this Report and Order, we 

update our political programming and 

recordkeeping rules for broadcast 

licensees, cable television system 

operators, Direct Broadcast Satellite 

(DBS) service providers, and Satellite 

Digital Audio Radio Service (SDARS) 

licensees. We revise the definition of 

‘‘legally qualified candidate for public 

office’’ to add the use of social media 

and creation of a campaign website to 

the existing list of activities that may be 

considered in determining whether an 

individual running as a write-in 

candidate has made a ‘‘substantial 

showing’’ of his or her bona fide 

candidacy. We also amend our political 

file rules consistent with the Bipartisan 

Campaign Reform Act of 2002 (BCRA), 

which extends the Commission’s 

political file requirements to any request 

for the purchase of advertising time that 

‘‘communicates a message relating to 

any political matter of national 

importance’’ (i.e., issue ads) and 

specifies the records that must be 

maintained. These updates, which are 

consistent with the proposals set forth 

in the Notice of Proposed Rulemaking 

(NPRM) in this proceeding, not only 

conform our rules with statutory 

requirements, they also reflect modern 

campaign practices and increase 

transparency. 

II. Background 

2. In recognition of the critical role 

that political programming plays in 

keeping the electorate informed, 

Congress has long established specific 

requirements governing political 

programming. These requirements 

ensure that candidates for elective office 

have access to broadcast facilities and 

certain other media platforms and foster 

transparency about entities sponsoring 

advertisements. 

3. Political Programming Obligations. 

Political programming obligations for 

certain Commission licensees and 

regulatees are set forth in Sections 

312(a)(7) and 315 of the 

Communications Act of 1934, as 

amended (Act), 47 U.S.C. 312(a)(7), 315. 

Section 312(a)(7) requires broadcast 

licensees to give legally qualified 

candidates for federal office ‘‘reasonable 

access’’ to their facilities, or to permit 

them to purchase ‘‘reasonable amounts 

of time.’’ Section 312(a)(7) of the Act 

also applies to SDARS licensees and 

DBS service providers, but it does not 

apply to cable system operators. Under 

section 315(a), if a broadcast licensee 

permits one legally qualified candidate 

for a public office to use its station, it 

must afford all other candidates for that 

office an ‘‘equal opportunity’’ to use the 

station. Section 315(b) provides that, 

during certain periods before an 

election, legally qualified candidates are 

entitled to ‘‘the lowest unit charge of the 

station for the same class and amount of 

time for the same period.’’ The equal 

opportunity and lowest unit charge 

requirements also apply to cable system 

operators, SDARS licensees, and DBS 

service providers. The entitlements 

afforded by Sections 312(a)(7) and 315 

of the Act are available only to 

individuals who have achieved the 

status of ‘‘legally qualified candidate.’’ 

4. The Communications Act does not 

define the term ‘‘legally qualified 

candidate,’’ but the Commission has 

adopted a definition and codified it in 

Section 73.1940. Generally, in order to 

be considered a ‘‘legally qualified 

candidate,’’ an individual must publicly 

announce his or her intention to run for 

office, must be qualified to hold the 

office for which he or she is a candidate, 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7749 

and must have qualified for a place on 

the ballot or have publicly committed 

himself or herself to seeking election by 

the write-in method. If seeking election 

by the write-in method, the individual, 

in addition to being eligible under 

applicable law to be a write-in 

candidate, must make a ‘‘substantial 

showing’’ that he or she is a bona fide 

candidate for the office being sought. 

Section 73.1940(f) of the Commission’s 

rules establishes the requirements for 

making a ‘‘substantial showing’’ of a 

bona fide candidacy. The term 

‘‘substantial showing’’ of a bona fide 

candidacy means ‘‘evidence that the 

person claiming to be a candidate has 

engaged to a substantial degree in 

activities commonly associated with 

political campaigning.’’ Such activities 

include making campaign speeches, 

distributing campaign literature, issuing 

press releases, maintaining a campaign 

committee, and establishing campaign 

headquarters. 

5. Political Recordkeeping 

Obligations. The political recordkeeping 

requirements are integral to ensuring 

compliance with the statutory 

protections for political programming. 

The Commission initially adopted rules 

requiring broadcast stations to maintain 

public inspection files documenting 

requests for political advertising time 

more than 80 years ago. The 

Commission subsequently extended 

political file rules to cable television 

system operators, DBS providers, and 

SDARS licensees. Requiring these 

entities to maintain complete and up to 

date political files is critical because the 

information in these files directly 

affects, among other things, the statutory 

rights of opposing candidates to request 

equal opportunities under Section 

315(a) of the Act and present their 

positions to the public prior to an 

election. In addition, the political files 

allow the public to verify that 

Commission licensees and regulatees 

have complied with their obligations 

relating to use of their facilities by 

candidates for political office and to 

obtain information about entities 

sponsoring candidate and issue 

advertisements. 

6. In 2002, Congress enacted the 

BCRA, which amended Section 315 of 

the Act. The BCRA added a new Section 

315(e) to codify the Commission’s 

existing political file obligations by 

requiring that information regarding any 

request to purchase advertising time 

that ‘‘is made on behalf of a legally 

qualified candidate for public office’’ be 

placed in the political file. The BCRA 

also expanded the political file 

requirements to include any request to 

purchase political advertising time that 

‘‘communicates a message relating to 

any political matter of national 

importance,’’ (i.e., issue ads). 

Additionally, Section 315(e)(2) of the 

Act specifies the kinds of records that 

must be maintained in political files, 

and Section 315(e)(3) of the Act 

provides that ‘‘[t]he information 

required by [Section 315(e)] shall be 

placed in a political file as soon as 

possible and shall be retained by the 

licensee for a period of not less than 2 

years.’’ 

7. In August 2021, the Commission 

adopted an NPRM proposing to update 

the political programming and 

recordkeeping rules. The NPRM 

proposed to revise the definition of 

‘‘legally qualified candidate’’ to add the 

use of social media and creation of a 

campaign website to the existing list of 

activities that may be considered in 

determining whether an individual 

running as a write-in candidate has 

made a ‘‘substantial showing’’ of his or 

her bona fide candidacy. The NPRM 

also proposed to revise the political file 

rules to conform with Section 315(e), as 

amended by the BCRA. Only three 

comments were submitted in response 

to the NPRM. The National Association 

of Broadcasters (NAB) supports adding 

the use of social media and the creation 

of a campaign website to the list of 

activities that may be taken into account 

in determining whether a write-in 

candidate has made a substantial 

showing that he or she is a ‘‘legally 

qualified candidate for public office’’ 

but submits that certain conditions 

should apply. Kenia Trujillo (Trujillo) 

raises concerns that adding the use of 

social media to this list would make it 

too easy for anyone to obtain status as 

a ‘‘legally qualified candidate for public 

office.’’ Canal Partners Media, LLC 

(Canal Partners) asserts that broadcast 

licensees often refuse to comply with 

the political file obligations, which 

makes it difficult to monitor their 

compliance with the political 

programming requirements. No reply 

comments were submitted. 

III. Discussion 

A. Substantial Showing for Write-In 

Candidates 

8. We adopt our proposal and update 

the definition of ‘‘legally qualified 

candidate for public office’’ in Sections 

73.1940 and 76.5(q) of the Commission’s 

rules to add the use of social media and 

the creation of a campaign website to 

the list of activities that a broadcast 

licensee or cable operator may take into 

account in determining whether an 

individual running as a write-in 

candidate has made a ‘‘substantial 

showing’’ of his or her bona fide 

candidacy. As we explain above, only 

those individuals who have achieved 

the status of ‘‘legally qualified 

candidate’’ may avail themselves of the 

benefits bestowed by the political 

programming rules, including the 

reasonable access, equal opportunities, 

and lowest unit charge provisions. An 

individual seeking elective office using 

the write-in method must, in addition to 

being eligible under applicable law to be 

a write-in candidate, make a 

‘‘substantial showing’’ that he or she is 

a bona fide candidate for the office. 

Sections 73.1940(f) and 76.5(q)(5) define 

what it means to make a ‘‘substantial 

showing’’ by listing various activities 

that are commonly associated with 

political campaigning, including 

‘‘making campaign speeches, 

distributing campaign literature, issuing 

press releases, [and] maintaining a 

campaign headquarters.’’ 

9. We conclude that adding the use of 

social media and the creation of a 

campaign website to the list of activities 

that may be taken into account in 

determining whether there has been a 

‘‘substantial showing’’ of a bona fide 

candidacy will ensure that our 

definition of ‘‘legally qualified 

candidate’’ more accurately reflects 

modern campaign practices. As stated 

above, NAB supports this revision. In so 

doing, it ‘‘agree[s] with the FCC that 

modern candidates routinely use social 

media and campaign websites to share 

their views and solicit votes and 

financial contributions.’’ Recent articles 

reinforce that bona fide political 

campaigns use major social media 

platforms, such as Twitter, Facebook, 

and Instagram, to share campaign 

updates, communicate with voters, 

advertise, solicit support, and fundraise, 

and that such engagement in social 

media use typically increases donations 

for new politicians. In addition, social 

media platforms enable political 

campaigns, especially for new or lesser 

known candidates, to build support by 

disseminating campaign updates and 

targeting advertisements to potential 

voters, and they provide sophisticated 

tools to regularly measure user 

engagement. It also has become common 

practice for bona fide candidates to use 

campaign websites to connect to a wide 

audience of potential voters and 

facilitate direct communication and 

fundraising. No commenters challenged 

or rebutted the proposition that 

candidates today regularly use social 

media and campaign websites to 

connect with voters or the articles and 

media reports cited in the NPRM to 

support that proposition. We therefore 


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7750 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

conclude that revising the definition of 

‘‘legally qualified candidates’’ to add the 

use of social media and the creation of 

a campaign website to the list of 

activities that may be considered in 

determining whether there has been a 

‘‘substantial showing’’ of a bona fide 

candidacy is consistent with modern 

campaign practices. 

10. Some examples of social media 

activities that may support a substantial 

showing of a bona fide candidacy 

include the use of social media to 

fundraise, solicit votes, share policy 

positions, and engage in digital 

dialogues with voters. These examples 

are intended to be illustrative, rather 

than an exhaustive list of the social 

media activities that may be relied upon 

in making a substantial showing of a 

bona fide candidacy. Other campaignrelated uses of social media may be 

taken into account in determining 

whether an individual has made a 

substantial showing that he or she is a 

‘‘legally qualified candidate.’’ 

11. We emphasize that the use of 

social media and campaign websites 

alone will not be sufficient to support a 

finding that an individual has made a 

substantial showing that he or she is a 

‘‘legally qualified candidate.’’ As NAB 

points out, ‘‘given the simplicity of 

creating and running a social media 

account or website, certain stipulations 

should apply to ensure the legitimacy of 

candidates. Otherwise, any individual 

with a Facebook, Twitter or Instagram 

account could claim status as a legally 

qualified candidate . . . .’’ 

Accordingly, as proposed in the NPRM, 

social media presence and campaign 

websites will be treated as additional 

indicators of activities commonly 

associated with political campaigning 

that may be relied on to make a 

substantial showing of a bona fide 

candidacy, not as determinative factors. 

At NAB’s suggestion, we include 

language in the substantial showing 

rules that specifically states that ‘‘[t]he 

creation of campaign websites and the 

use of social media shall be additional 

indicators of a bona fide candidacy, not 

determinative factors.’’ We therefore 

reject concerns raised by Trujillo that 

the addition of social media to the list 

of activities that supports a substantial 

showing for a write-in candidate could 

allow anyone to rely solely on social 

media and campaign websites to obtain 

status as a ‘‘legally qualified candidate 

for public office.’’ 

12. We agree with NAB that only 

digital activities that are directly related 

to the campaign should be counted 

toward the requisite substantial 

showing. The definition of ‘‘legally 

qualified candidate’’ set forth in our 

rules states that ‘‘the term substantial 

showing of a bona fide candidacy . . . 

means evidence that the person 

claiming to be a candidate has engaged 

to a substantial degree in activities 

commonly associated with political 

campaigning.’’ In the NPRM, we 

proposed to add to the list of activities 

commonly associated with political 

campaigning ‘‘creating a campaign 

website, and using social media for the 

purpose of promoting or furthering a 

campaign for public office.’’ This 

language, which we are including in the 

final rules, makes clear that only digital 

activities that are campaign-related 

should be taken into account in 

determining whether there has been a 

substantial showing of a bona fide 

candidacy. 

13. We agree with NAB that digital 

activities like social media and 

campaign websites must be combined 

with campaign activities conducted in 

the relevant geographic area to 

substantiate a candidate’s ‘‘genuine 

interest in elective office,’’ ‘‘given the 

simplicity of creating and running a 

social media account or website.’’ 

Therefore, we are including language in 

the revised substantial showing rules 

that specifically states that ‘‘[t]he 

creation of a campaign website and the 

use of social media shall be additional 

indicators of a bona fide candidacy, not 

determinative factors, and that such 

digital activities must be combined with 

other activities commonly associated 

with political campaigning that are 

conducted in substantial portions of the 

relevant geographic area’’ (e.g., 

establishing a campaign headquarters, 

making campaign speeches, 

participating in debates, appearances at 

community events, and distributing 

campaign literature). We note that the 

NPRM contemplated a similar 

geographic limitation in seeking 

comment on whether to add any other 

activities consistent with modern 

campaign practices, such as digital 

marketing and advertising, to the list of 

recognized campaign activities, 

specifically asking whether the 

substantial showing analysis should 

‘‘involve any limiting factors, such as 

requiring that the marketing and 

advertising be directed toward persons 

in areas where votes are being 

solicited.’’ We find that the requirement 

that digital activities like social media 

and campaign websites must be 

combined with campaign activities 

conducted in the relevant geographic 

area is an appropriate and necessary 

limitation on our original proposal to 

ensure a candidate’s legitimacy when 

relying on social media and campaign 

websites. We will consider what 

constitutes the ‘‘relevant geographic 

area’’ on a case-by-case basis. In general, 

however, the ‘‘relevant geographic area’’ 

will consist of the legislative, 

congressional, or other electoral district 

in which the candidate is soliciting 

votes from eligible voters. 

14. NAB requests that we amend our 

substantial showing rules to specify that 

write-in candidates ‘‘bear the burden of 

demonstrating the substantial showing 

required’’ to be a legally qualified 

candidate, and that a Commission 

licensee or regulatee’s ‘‘reasonable, good 

faith determination as to whether a 

candidate has fulfilled this requirement 

is entitled to deference.’’ We agree with 

these interpretations and note that the 

Media Bureau has long interpreted the 

Commission’s substantial showing rules 

in this manner. Given the dearth of 

comments on this question, including 

from political candidates and the 

public, we decline to amend our rules. 

However, we will address these issues 

based on the facts and circumstances of 

each particular case in keeping with this 

interpretation. 

15. Additionally, we decline to add 

any other activities consistent with 

modern campaign practices, such as the 

use of digital marketing and advertising, 

to the list of recognized campaign 

activities in Sections 73.1940(f) and 

76.5(q)(5) of our rules. No commenter 

expressly supported or even addressed 

the addition of other such activities to 

the list of recognized campaign 

activities set forth in the rules. In the 

absence of any support or comment in 

the record on this issue, we conclude 

that the addition of other activities to 

the list is not warranted at this time. 

B. Implementation of the BCRA and 

Section 315 of the Act 

16. We adopt our proposal and amend 

the political file rules for broadcast 

licensees, cable operators, DBS 

providers, and SDARS licensees 

consistent with the BCRA and Section 

315(e) of the Act. No commenter objects 

to this update. Enacted in 2002, the 

BCRA, among other things, added a new 

Section 315(e) of the Act. Section 

315(e)(1)(A) codifies the Commission’s 

long-standing requirement that records 

of a request to purchase advertising time 

that ‘‘is made on behalf of a legally 

qualified candidate for public office,’’ 

known as a candidate ad, be maintained 

in the political file. Section 315(e)(1)(B) 

extends political recordkeeping 

obligations to records of a request for 

the purchase of advertising time that 

‘‘communicates a message relating to 

any political matter of national 

importance,’’ known as an issue ad. 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 7751 

Section 315(e)(2) identifies the specific 

records that must be placed in political 

files for both candidate and issue ads. 

These records include (1) whether the 

request to purchase broadcast time is 

accepted or rejected by the licensee; (2) 

the rate charged for the broadcast time; 

(3) the date and time on which the 

communication is aired; (4) the class of 

time that is purchased; (5) the name of 

the candidate to which the 

communication refers and the office to 

which the candidate is seeking election, 

the election to which the 

communication refers, or the issue to 

which the communication refers (as 

applicable); (6) in the case of a request 

made by, or on behalf of, a candidate, 

the name of the candidate, the 

authorized committee of the candidate, 

and the treasurer of such committee; 

and (7) in the case of any other request, 

the name of the person purchasing the 

time, the name, address, and phone 

number of a contact person for such 

person, and a list of the chief executive 

officers or members of the executive 

committee or of the board of directors of 

such person. Although the Commission 

has provided guidance on political 

recordkeeping consistent with these 

statutory requirements following their 

adoption in 2002, the political file rules 

were not previously updated to reflect 

these statutory requirements. 

17. We accordingly revise the political 

file rules for broadcast licensees, cable 

television system operators, DBS 

providers, and SDARS licensees to bring 

them into conformity with Section 

315(e) of the Act. Specifically, we revise 

our rules to require these entities to 

maintain in their online political files 

not only records of each request for 

advertising time that is made by or on 

behalf of a legally qualified candidate 

for public office, but also records of 

each request for advertising time that 

‘‘communicates a message relating to 

any political matter of national 

importance.’’ Additionally, we amend 

the rules to specify the particular 

records that must be maintained in 

online political files for both candidate 

ads and issue ads, consistent with the 

list set forth in Section 315(e)(2). These 

revisions ensure that the political 

recordkeeping rules fully and accurately 

reflect statutory requirements. Further, 

these revisions will foster greater 

transparency about the entities 

sponsoring candidate and issue ads. 

18. We do not believe this is the 

appropriate proceeding to address Canal 

Partners’ proposed interpretation of the 

phrase ‘‘a message relating to any 

political matter of national importance’’ 

in Section 315(e)(1)(B). Canal Partners 

asserts that ‘‘licensees regularly refuse 

to comply with their public-disclosure 

obligations’’ and urges the Commission 

to make clear that ‘‘the phrase ‘a 

message relating to any political matter 

of national importance’ should be 

interpreted broadly in favor of full 

disclosure and transparency and that 

licensees must act fairly, sensibly, 

honestly, and without any intent to seek 

commercial advantage when deciding 

whether to place information in their 

public political files.’’ Canal Partners 

makes allegations against two broadcast 

stations to support its assertion that 

licensees regularly refuse to comply 

with their public-disclosure obligations. 

19. As an initial matter, we decline to 

address this issue as we did not seek 

comment on the interpretation of this 

phrase in the NPRM. Even assuming 

that there was misconduct by the two 

stations referenced by Canal Partners, 

we see no need to adopt a rule on this 

issue at this time. The Commission 

addresses complaints on their 

individual merits. To the extent that 

Canal Partners maintains that licensees 

regularly refuse to comply with their 

political file obligations, specific 

allegations of such misconduct are 

properly addressed through the 

complaint process. Furthermore, the 

Commission recently clarified the 

standard of review of broadcasters’ 

compliance with their political file 

disclosure obligations. Specifically, the 

Commission clarified that the agency 

will apply a standard of reasonableness 

and good faith decision-making with 

respect to the efforts of broadcasters to 

comply with their obligations under 

Section 315(e) of the Act. To the extent 

that Canal Partners challenges the 

Commission’s clarifications, we find 

that challenge is an untimely petition 

for reconsideration of that prior order 

and accordingly we decline to adopt it. 

C. Cost-Benefit Analysis 

20. We conclude that to the extent 

that the revised rules impose any costs 

on Commission licensees and 

regulatees, such costs will be minimal 

and are outweighed by the benefits to 

the public of the revised rules. No 

commenters explicitly addressed the 

costs and benefits of the proposed rules 

or provided specific data and analysis 

supporting claimed costs and benefits in 

response to the NPRM. As noted above, 

however, NAB states that the revision to 

the definition of ‘‘legally qualified 

candidates’’ will not drastically alter 

current industry practices because 

broadcasters already consider digital 

activities in determining whether an 

individual has established that he or she 

is a bona fide candidate. In addition, the 

revisions to the political file rules 

merely conform our rules to 

longstanding statutory requirements and 

the Commission has provided licensees 

and regulatees guidance on political 

recordkeeping consistent with these 

statutory requirements since their 

adoption in 2002. Thus, we expect that 

any costs imposed by the updated rules 

will be minimal and outweighed by the 

public benefits of transparency and 

clarity. 

Final Regulatory Flexibility Act 

Analysis 

21. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated into 

the NPRM released in this proceeding. 

The Federal Communications 

Commission (Commission) sought 

written public comment on the 

proposals in the NPRM, including 

comment on the IRFA. The Commission 

received no comments on the IRFA. 

This Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

A. Need for, and Objectives of, the 

Report and Order 

22. The Report and Order updates the 

political programming and 

recordkeeping rules for broadcast 

licensees, cable television system 

operators, Direct Broadcast Satellite 

(DBS) service providers, and Satellite 

Digital Audio Radio Service (SDARS) 

licensees to conform these rules with 

modern campaign practices and 

statutory requirements and increase 

transparency. The Report and Order 

revises the definition of ‘‘legally 

qualified candidate for public office’’ to 

add the use of social media and creation 

of a campaign website to the existing list 

of campaign-related activities that may 

be considered in determining whether 

an individual running as a write-in 

candidate has made a ‘‘substantial 

showing’’ of his or her bona fide 

candidacy. The Report and Order makes 

clear that social media presence and 

campaign websites will be treated as 

additional indicators of activities 

commonly associated with political 

campaigning needed to make substantial 

showing of a bona fide candidacy, not 

as determinative factors, and such 

digital activities must be combined with 

other activities commonly associated 

with political campaigning that are 

conducted in substantial portions of the 

relevant geographic area. 

23. The Report and Order also 

amends the political file rules consistent 

with the Bipartisan Campaign Reform 

Act of 2002 (BCRA), which extends the 

Commission’s political file requirements 

to any request for the purchase of 


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7752 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Rules and Regulations 

advertising time that ‘‘communicates a 

message relating to any political matter 

of national importance’’ (i.e., issue ads) 

and specifies the records that must be 

maintained. The Report and Order 

revises the rules to require that 

broadcast licensees, cable operators, 

DBS providers, and SDARS licensees 

maintain in their online political files 

not only records of each request for 

advertising time that is made by or on 

behalf of a legally qualified candidate 

for public office, but also records of 

each request for advertising time that 

‘‘communicates a message relating to 

any political matter of national 

importance.’’ Further, the Report and 

Order amends the rules to specify that 

the following record must be placed in 

online political files for both candidate 

ads and issue ads: 

(1) Whether the request to purchase 

advertising time is accepted or rejected by 

the licensee or regulatee; 

(2) the rate charged for the advertising 

time; 

(3) the date and time on which the 

communication is aired; 

(4) the class of time that is purchased; 

(5) the name of the candidate to which the 

communication refers and the office to which 

the candidate is seeking election, the election 

to which the communication refers, or the 

issue to which the communication refers (as 

applicable); 

(6) in the case of a request made by, or on 

behalf of, a candidate, the name of the 

candidate, the authorized committee of the 

candidate, and the treasurer of such 

committee; and 

(7) in the case of any other request, the 

name of the person purchasing the time, the 

name, address, and phone number of a 

contact person for such person, and a list of 

the chief executive officers or members of the 

executive committee or of the board of 

directors of such person. 

B. Summary of Significant Issues Raised 

in Response to the IRFA 

24. No comments were filed in 

response to the IRFA. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

25. Pursuant to the Small Business 

Jobs Act of 2010, the Commission is 

required to respond to any comments 

filed by the Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA), and to provide a detailed 

statement of any change made to the 

proposed rules as a result of those 

comments. The Chief Counsel did not 

file any comments in response to the 

proposed rules in this proceeding. 

D. Description and Estimate of the 

Number of Small Entities To Which the 

Rules Will Apply 

26. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that entities that may be 

affected by the proposed rules, if 

adopted. The RFA generally defines the 

term ‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ 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. The rules proposed herein will 

directly affect small television broadcast 

stations. Below, we provide a 

description of these small entities, as 

well as an estimate of the number of 

such small entities, where feasible. 

27. The rules adopted herein will 

directly affect small television broadcast 

stations. Below, we provide a 

description of these small entities, as 

well as an estimate of the number of 

such small entities, where feasible. 

28. Television Broadcasting. This U.S. 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting images together with 

sound.’’ These establishments operate 

television broadcast studios and 

facilities for the programming and 

transmission of programs to the public. 

These establishments also produce or 

transmit visual programming to 

affiliated broadcast television stations, 

which in turn broadcast the programs to 

the public on a predetermined schedule. 

Programming may originate in their own 

studio, from an affiliated network, or 

from external sources. The SBA has 

created the following small business 

size standard for such businesses: those 

having $41.5 million or less in annual 

receipts. According to the 2012 

Economic Census (when the SBA’s size 

standard was set at $38.5 million or less 

in annual receipts), 751 firms in the 

small business size category operated in 

that year. Of that number, 656 had 

annual receipts of $25 million or less, 

25 had annual receipts between $25 

million and $49,999,999 and 70 had 

annual receipts of $50 million or more. 

Based on this data, we estimate that the 

majority of commercial television 

broadcast stations are small entities 

under the applicable size standard. 

29. Additionally, the Commission has 

estimated the number of licensed 

commercial television stations to be 

1,372. Of this total, 1,263 stations (or 

92%) had revenues of $41.5 million or 

less in 2019, according to Commission 

staff review of the BIA Kelsey Inc. 

Media Access Pro Television Database 

(BIA) on July 30, 2020, and therefore 

these stations qualify as small entities 

under the SBA definition. In addition, 

the Commission estimates the number 

of noncommercial educational 

television stations to be 384. The 

Commission does not compile and does 

not have access to information on the 

revenue of NCE stations that would 

permit it to determine how many such 

stations would qualify as small entities. 

There are also 385 Class A stations. 

Given the nature of this service, the 

Commission presumes that all of these 

stations qualify as small entities under 

the applicable SBA size standard. 

30. Radio Broadcasting. This U.S. 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public.’’ Programming may originate 

in the establishment’s own studio, from 

an affiliated network, or from external 

sources. The SBA has created the 

following small business size standard 

for such businesses: those having $41.5 

million or less in annual receipts. 

According to Economic Census data for 

2012 (when the SBA’s size standard was 

set at $38.5 million or less in annual 

receipts), 2,849 firms in this category 

operated in that year. Of that number, 

2,806 operated with annual receipts of 

less than $25 million per year, 17 with 

annual receipts between $25 million 

and $49,999,999 million and 26 with 

annual receipts of $50 million or more. 

Based on this data, we estimate that the 

majority of commercial radio broadcast 

stations were small under the applicable 

SBA size standard. 

31. The Commission has estimated 

the number of licensed commercial AM 

radio stations to be 4,519 and the 

number of commercial FM radio 

stations to be 6,682 for a total of 11,201 

commercial stations. According to 

Commission staff review of the BIA 

Kelsey Inc. Media Access Pro Television 

Database (BIA) on July 30, 2020, 99% of 

commercial radio stations had revenues 

of $41.5 million or less in 2019, and 

therefore these stations qualify as small 

entities under the SBA definition. In 

addition, there were 4,211 

noncommercial, educational (NCE) FM 

stations. The Commission does not 

compile and does not have access to 

information on the revenue of NCE 

stations that would permit it to 

determine how many such stations 

would qualify as small entities. 


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32. We note, however, that in 

assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) affiliations 

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, 

another element of the definition of 

‘‘small business’’ requires that an 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 

broadcast station is dominant in its field 

of operation. Accordingly, the estimate 

of small businesses to which the rules 

may apply does not exclude any radio 

or television station from the definition 

of a small business on this basis and is 

therefore possibly over-inclusive. An 

additional element of the definition of 

‘‘small business’’ is that the entity must 

be independently owned and operated. 

Because it is difficult to assess these 

criteria in the context of media entities, 

the estimate of small businesses to 

which the rules may apply does not 

exclude any radio or television station 

from the definition of a small business 

on this basis and similarly may be overinclusive. 

33. Cable Companies and Systems 

(Rate Regulation Standard). The 

Commission has also developed its own 

small business size standards for the 

purpose of cable rate regulation. Under 

the Commission’s rules, a ‘‘small cable 

company’’ is one serving 400,000 or 

fewer subscribers nationwide. Industry 

data indicates that, of the 777 cable 

companies currently operating in the 

United States, 766 serve 400,000 or 

fewer subscribers. Additionally, under 

the Commission’s rules, a ‘‘small 

system’’ is a cable system serving 15,000 

or fewer subscribers. According to 

industry data, there are currently 4,336 

active cable systems in the United 

States. Of this total, 3,650 cable systems 

have fewer than 15,000 subscribers. 

Thus, the Commission believes that the 

vast majority of cable companies and 

cable systems are small entities. 

34. Cable System Operators (Telecom 

Act Standard). The Communications 

Act of 1934, as amended, also contains 

a size standard for small cable system 

operators, which is ‘‘a cable operator 

that, directly or through an affiliate, 

serves in the aggregate fewer than one 

percent of all subscribers in the United 

States and is not affiliated with any 

entity or entities whose gross annual 

revenues in the aggregate exceed 

$250,000,000.’’ As of 2019, there were 

approximately 48,646,056 basic cable 

video subscribers in the United States. 

Accordingly, an operator serving fewer 

than 486,460 subscribers shall be 

deemed a small operator if its annual 

revenues, when combined with the total 

annual revenues of all its affiliates, do 

not exceed $250 million in the 

aggregate. Based on available data, we 

find that all but five cable operators are 

small entities under this size standard. 

We note that the Commission neither 

requests nor collects information on 

whether cable system operators are 

affiliated with entities whose gross 

annual revenues exceed $250 million. 

Therefore, we are unable at this time to 

estimate with greater precision the 

number of cable system operators that 

would qualify as small cable operators 

under the definition in the 

Communications Act. 

35. Direct Broadcast Satellite (DBS) 

Service. DBS service is a nationally 

distributed subscription service that 

delivers video and audio programming 

via satellite to a small parabolic dish 

antenna at the subscriber’s location. For 

the purposes of economic classification, 

establishments providing satellite 

television distribution services using 

facilities and infrastructure that they 

operate are included in the Wired 

Telecommunications Carriers industry. 

The Wired Telecommunications 

Carriers industry comprises 

establishments primarily engaged in 

operating and/or providing access to 

transmission facilities and infrastructure 

that they own and/or lease for the 

transmission of voice, data, text, sound, 

and video using wired 

telecommunications networks. 

Transmission facilities may be based on 

a single technology or combination of 

technologies. Establishments in this 

industry use the wired 

telecommunications network facilities 

that they operate to provide a variety of 

services, such as wired telephony 

services, including VoIP services, wired 

(cable) audio and video programming 

distribution; and wired broadband 

internet services. The SBA determines 

that a wireline business is small if it has 

fewer than 1,500 employees. Economic 

census data for 2012 indicate that 3,117 

wireline companies were operational 

during that year. Of that number, 3,083 

operated with fewer than 1,000 

employees. Based on that data, we 

conclude that the majority of wireline 

firms are small under the applicable 

standard. However, currently only two 

entities provide DBS service, which 

requires a great deal of capital for 

operation: DIRECTV (owned by AT&T) 

and DISH Network. According to 

industry data, DIRECTV and DISH serve 

14,831,379 and 8,957,469 subscribers 

respectively, and count the third and 

fourth most subscribers of any 

multichannel video distribution system 

in the U.S. Given the capital required to 

operate a DBS service, its national 

scope, and the approximately one-third 

share of the video market controlled by 

these two companies, we presume that 

neither would qualify as a small 

business. 

36. Satellite Radio. Sirius-XM, which 

offers subscription services, is the sole, 

current U.S. provider of satellite radio 

(SDARS) services, Sirius-XM. Sirius-XM 

reported revenue of $8.04 billion and a 

net income of $131 million in 2020. In 

light of these figures, we believe it is 

unlikely that this entity would be 

considered small 

E. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

37. In this section, we identify the 

reporting, recordkeeping, and other 

compliance requirements adopted in the 

Report and Order and consider whether 

small entities are affected 

disproportionately by any such 

requirements. 

38. Reporting Requirements. The 

Report and Order does not adopt any 

new or modified reporting 

requirements. 

39. Recordkeeping Requirements. The 

Report and Order revises the political 

file rules, consistent with the BCRA’s 

amendment to Section 315(e) of the Act, 

to reflect the statutory requirements that 

broadcast licensees, cable television 

system operators, DBS providers, and 

SDARS licensees are obligated to 

maintain in their online political 

inspection files records of each request 

for advertising time that ‘‘is made on 

behalf of a legally qualified candidate 

for public office’’ and each request for 

advertising time that ‘‘communicates a 

message relating to any political matter 

of national importance’’ (i.e., issue ads). 

In addition, the Report and Order 

revises the political file rules to list the 

specific records that must be maintained 

in political files. 

40. Other Compliance Requirements. 

The Report and Order revises the 

political programming rules to add the 

use of social media and the creation of 

campaign websites to the list of 

activities that may be considered in 

determining whether an individual who 

is running as a write-in candidate has 

made a ‘‘substantial showing’’ of his or 

her bona fide candidacy. 


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F. Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

41. 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 and reporting requirements 

under the rule for such 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.’’ 

42. The Report and Order revises the 

political programming and political file 

rules to bring them into conformity with 

modern campaign practices and 

statutory requirements. As discussed 

below, the updates are not expected to 

significantly impact small entities. 

43. The changes in the Recordkeeping 

Requirements merely conform our rules 

with the statutory requirements in 

Section 315(e) of the Act, which was 

added in 2002 by the BCRA. The 

Commission has provided guidance on 

political recordkeeping consistent with 

these statutory requirements since their 

adoption in 2002. The revisions ensure 

that the political file rules fully and 

accurately reflect the statutory 

requirements. 

44. The changes in the Compliance 

Requirements conform with modern 

campaign practices. NAB states that 

these changes will not drastically alter 

current industry practices because 

broadcasters already consider digital 

activities in determining whether an 

individual has made a substantial 

showing that he or she is a bona fide 

candidate. 

G. Report to Congress 

45. The Commission will send a copy 

of the Report and Order, including this 

FRFA, in a report to be sent to Congress 

pursuant to the Congressional Review 

Act. In addition, the Commission will 

send a copy of the Report and Order, 

including this FRFA, to the Chief 

Counsel for Advocacy of the SBA. The 

Report and Order and FRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

Ordering Clauses 

46. Accordingly, it is ordered, 

pursuant to the authority contained in 

Sections 1, 4(i), 4(j), 303, 307, 312, 315, 

and 335 of the Communications Act, as 

amended, 47 U.S.C 151, 154(i), 154(j), 

303, 307, 312, 315, and 335, that this 

Report and Order is adopted. 

47. It is further ordered that the 

Commission’s rules are hereby amended 

as set forth below. 

48. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order including the 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Parts 25, 73, 

and 76 

Cable television, Political candidates, 

Radio, Reporting and recordkeeping 

requirements, Satellites, Television. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 25, 

73, and 76 as follows: 

PART 25—SATELLITE 

COMMUNICATIONS 

■ 1. The authority citation for part 25 

continues to read as follows: 

Authority: 47 U.S.C. 154, 301, 302, 303, 

307, 309, 310, 319, 332, 605, and 721. 

■ 2. Delayed indefinitely, amend 

§ 25.701 by revising paragraph (d) to 

read as follows: 

§ 25.701 Other DBS Public interest 

obligations. 

* * * * * 

(d) Political file. (1) Each DBS 

operator engaged in origination 

programming shall maintain, and make 

available for public inspection, a 

complete record of a request to purchase 

adverting time that: 

(i) Is made by or on behalf of a legally 

qualified candidate for public office; or 

(ii) Communicates a message relating 

to any political matter of national 

importance, including: 

(A) A legally qualified candidate; 

(B) Any election to Federal office; or 

(C) A national legislative issue of 

public importance. 

(2) A record maintained under this 

paragraph shall contain information 

regarding: 

(i) Whether the request to purchase 

advertising time is accepted or rejected 

by the DBS operator; 

(ii) The rate charged for the 

advertising time; 

(iii) The date and time on which the 

communication is aired; 

(iv) The class of time that is 

purchased; 

(v) The name of the candidate to 

which the communication refers and the 

office to which the candidate is seeking 

election, the election to which the 

communication refers, or the issue to 

which the communication refers (as 

applicable); 

(vi) In the case of a request made by, 

or on behalf of, a candidate, the name 

of the candidate, the authorized 

committee of the candidate, and the 

treasurer of such committee; and 

(vii) In the case of any other request, 

the name of the person purchasing the 

time, the name, address, and phone 

number of a contact person for such 

person, and a list of the chief executive 

officers or members of the executive 

committee or of the board of directors of 

such person. 

(3) When free time is provided for use 

by or on behalf of candidates, a record 

of the free time provided shall be placed 

in the political file. 

(4) All records required by this 

paragraph shall be placed in the online 

public file hosted by the Commission as 

soon as possible and shall be retained 

for a period of two years. As soon as 

possible means immediately absent 

unusual circumstances. 

* * * * * 

■ 3. Delayed indefinitely, amend 

§ 25.702 by revising paragraph (b) to 

read as follows: 

§ 25.702 Other SDARS Public interest 

obligations. 

* * * * * 

(b) Political file. (1) Each SDARS 

licensee engaged in origination 

programming shall maintain, and make 

available for public inspection, a 

complete record of a request to purchase 

broadcast time that: 

(i) Is made by or on behalf of a legally 

qualified candidate for public office; or 

(ii) Communicates a message relating 

to any political matter of national 

importance, including: 

(A) A legally qualified candidate; 

(B) Any election to Federal office; or 

(C) A national legislative issue of 

public importance. 

(2) A record maintained under this 

paragraph shall contain information 

regarding: 

(i) Whether the request to purchase 

broadcast time is accepted or rejected by 

the licensee; 

(ii) The rate charged for the broadcast 

time; 

(iii) The date and time on which the 

communication is aired; 

(iv) The class of time that is 

purchased; 

(v) The name of the candidate to 

which the communication refers and the 


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office to which the candidate is seeking 

election, the election to which the 

communication refers, or the issue to 

which the communication refers (as 

applicable); 

(vi) In the case of a request made by, 

or on behalf of, a candidate, the name 

of the candidate, the authorized 

committee of the candidate, and the 

treasurer of such committee; and 

(vii) n the case of any other request, 

the name of the person purchasing the 

time, the name, address, and phone 

number of a contact person for such 

person, and a list of the chief executive 

officers or members of the executive 

committee or of the board of directors of 

such person. 

(3) When free time is provided for use 

by or on behalf of candidates, a record 

of the free time provided shall be placed 

in the political file. 

(4) All records required by this 

paragraph shall be placed in the online 

public file hosted by the Commission as 

soon as possible and shall be retained 

for a period of two years. As soon as 

possible means immediately absent 

unusual circumstances. 

* * * * * 

PART 73—RADIO BROADCAST 

SERVICES 

■ 4. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 309, 310, 

334, 336, and 339. 

■ 5. Effective March 14, 2022, amend 

§ 73.1940 by revising paragraph (f) to 

read as follows: 

§ 73.1940 Legally qualified candidates for 

public office. 

* * * * * 

(f) The term ‘‘substantial showing’’ of 

a bona fide candidacy as used in 

paragraphs (b), (d), and (e) of this 

section means evidence that the person 

claiming to be a candidate has: 

(1) Satisfied the requirements under 

applicable law to run as a write-in (such 

as registering, collecting signatures, 

paying fees, etc.); and 

(2) Has engaged to a substantial 

degree in activities commonly 

associated with political campaigning. 

Such activities normally would include 

making campaign speeches, distributing 

campaign literature, issuing press 

releases, maintaining a campaign 

committee, establishing campaign 

headquarters (even though the 

headquarters in some instances might be 

the residence of the candidate or his or 

her campaign manager), creating a 

campaign website, and using social 

media for the purpose of promoting or 

furthering a campaign for public office. 

Not all of the listed activities are 

necessarily required in each case to 

demonstrate a substantial showing, and 

there may be activities not listed herein 

which would contribute to such a 

showing. The creation of a campaign 

website and the use of social media 

shall be additional indicators of a bona 

fide candidacy, not determinative 

factors, and such digital activities must 

be combined with other activities 

commonly associated with political 

campaigning that are conducted in 

substantial portions of the relevant 

geographic area. 

■ 6. Delayed indefinitely, amend 

§ 73.1943 by revising paragraph (a), 

redesignating paragraphs (b) and (c) as 

paragraphs (c) and (d), and adding new 

paragraph (b). 

The revision and addition read as 

follows: 

§ 73.1943 Political file. 

(a) A licensee shall maintain, and 

make available for public inspection, a 

complete record of a request to purchase 

broadcast time that: 

(1) Is made by or on behalf of a legally 

qualified candidate for public office; or 

(2) Communicates a message relating 

to any political matter of national 

importance, including: 

(i) A legally qualified candidate; 

(ii) Any election to Federal office; or 

(iii) A national legislative issue of 

public importance. 

(b) A record maintained under 

paragraph (a) shall contain information 

regarding: 

(1) Whether the request to purchase 

broadcast time is accepted or rejected by 

the licensee; 

(2) The rate charged for the broadcast 

time; 

(3) The date and time on which the 

communication is aired; 

(4) The class of time that is 

purchased; 

(5) The name of the candidate to 

which the communication refers and the 

office to which the candidate is seeking 

election, the election to which the 

communication refers, or the issue to 

which the communication refers (as 

applicable); 

(6) In the case of a request made by, 

or on behalf of, a candidate, the name 

of the candidate, the authorized 

committee of the candidate, and the 

treasurer of such committee; and 

(7) In the case of any other request, 

the name of the person purchasing the 

time, the name, address, and phone 

number of a contact person for such 

person, and a list of the chief executive 

officers or members of the executive 

committee or of the board of directors of 

such person. 

* * * * * 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 7. The authority citation for part 76 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 302a, 303, 303a, 307, 308, 309, 312, 

315, 317, 325, 339, 340, 341, 503, 521, 522, 

531, 532, 534, 535, 536, 537, 543, 544, 544a, 

545, 548, 549, 552, 554, 556, 558, 560, 561, 

571, 572, 573. 

■ 8. Effective March 14, 2022, amend 

§ 76.5 by revising paragraph (q)(5) to 

read as follows: 

§ 76.5 Definitions. 

* * * * * 

(q) * * * 

(5) The term ‘‘substantial showing’’ of 

a bona fide candidacy as used in 

paragraphs (q)(2) through (4) of this 

section means evidence that the person 

claiming to be a candidate has: 

(i) Satisfied the requirements under 

applicable law to run as a write-in (such 

as registering, collecting signatures, 

paying fees, etc.); and 

(ii) Has engaged to a substantial 

degree in activities commonly 

associated with political campaigning. 

Such activities normally would include 

making campaign speeches, distributing 

campaign literature, issuing press 

releases, maintaining a campaign 

committee, establishing campaign 

headquarters (even though the 

headquarters in some instances might be 

the residence of the candidate or his or 

her campaign manager), creating a 

campaign website, and using social 

media for the purpose of promoting or 

furthering a campaign for public office. 

Not all of the listed activities are 

necessarily required in each case to 

demonstrate a substantial showing, and 

there may be activities not listed herein 

which would contribute to such a 

showing. The creation of a campaign 

website and the use of social media 

shall be additional indicators of a bona 

fide candidacy, not determinative 

factors, and such digital activities must 

be combined with other activities 

commonly associated with political 

campaigning that are conducted in 

substantial portions of the relevant 

geographic area. 

* * * * * 

■ 9. Delayed indefinitely, amend 

§ 76.1701 by revising paragraph (a), 

redesignating paragraphs (b) through (d) 

as paragraphs (c) through (e), and 

adding new paragraph (b). 

The revision and addition read as 

follows: 


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§ 76.1701 Political file. 

(a) Every cable television system 

operator engaged in origination 

programming shall maintain, and make 

available for public inspection, a 

complete record of a request to purchase 

cablecast time that: 

(1) Is made by or on behalf of a legally 

qualified candidate for public office; or 

(2) Communicates a message relating 

to any political matter of national 

importance, including: 

(i) A legally qualified candidate; 

(ii) Any election to Federal office; or 

(iii) A national legislative issue of 

public importance. 

(b) A record maintained under 

paragraph (a) shall contain information 

regarding: 

(1) Whether the request to purchase 

cablecast time is accepted or rejected by 

the cable television system operator; 

(2) The rate charged for the cablecast 

time; 

(3) The date and time on which the 

communication is aired; 

(4) The class of time that is 

purchased; 

(5) The name of the candidate to 

which the communication refers and the 

office to which the candidate is seeking 

election, the election to which the 

communication refers, or the issue to 

whih the communication refers (as 

applicable); 

(6) In the case of a request made by, 

or on behalf of, a candidate, the name 

of the candidate, the authorized 

committee of the candidate, and the 

treasurer of such committee; and 

(7) In the case of any other request, 

the name of the person purchasing the 

time, the name, address, and phone 

number of a contact person for such 

person, and a list of the chief executive 

officers or members of the executive 

committee or of the board of directors of 

such person. 

* * * * * 

[FR Doc. 2022–02484 Filed 2–9–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 391 

[Docket No. FMCSA–2019–0049] 

RIN 2126–AC21 

Qualifications of Drivers; Vision 

Standard; Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: In a final rule published in 

the Federal Register on January 21, 

2022, FMCSA amended its regulations 

to permit individuals who do not 

satisfy, with the worse eye, either the 

existing distant visual acuity standard 

with corrective lenses or the field of 

vision standard, or both, to be 

physically qualified to operate a 

commercial motor vehicle in interstate 

commerce under specified conditions. 

The document included an incorrect 

date for grandfathered drivers who 

participated in a vision waiver study 

program to come into compliance with 

the provisions in the final rule. 

DATES: This correction is effective 

March 22, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001, (202) 366–4001, 

fmcsamedical@dot.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2022–01021 appearing on page 3419 in 

the Federal Register of January 21, 2022 

(87 FR 3390), the following corrections 

are made: 

§ 391.64 [Corrected] 

■ On page 3419, in the third column, in 

§ 391.64, in paragraph (b) introductory 

text and paragraph (b)(4), ‘‘March 22, 

2022’’ is corrected to read ‘‘March 22, 

2023’’. 

Issued under authority delegated in 

49 CFR 1.87. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–02758 Filed 2–9–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210210–0018; RTID 0648– 

XB777] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Operating as Catcher Vessels Using 

Pot Gear in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by non-American 

Fisheries Act (AFA) crab vessels that are 

subject to sideboard limits, and 

operating as catcher vessels (CVs) using 

pot gear, in the Western Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2022 sideboard 

limit established for non-AFA crab 

vessels that are operating as CVs using 

pot gear in the Western Regulatory Area 

of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 7, 2022, through 

1200 hrs, A.l.t., June 10, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2022 

Pacific cod sideboard limit established 

for non-AFA crab vessels, and that are 

operating as CVs using pot gear in the 

Western Regulatory Area of the GOA, is 

442 metric tons (mt), as established by 

the final 2021 and 2022 harvest 

specification for groundfish in the GOA 

(86 FR 10184, February 19, 2021) and 

inseason adjustment (86 FR 74384, 

December 30, 2021). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2022 Pacific cod sideboard limit 

established for non-AFA crab vessels 

that are operating as CVs using pot gear 

in the Western Regulatory Area of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 442 mt and is setting aside 

the remaining 0 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 680.22(e)(3), the Regional 

Administrator finds that this sideboard 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by vessels using pot gear in the 

Western Regulatory Area of the GOA. 


jspears on DSK121TN23PROD with RULES1