48942 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 

1See FCC Announces Closure of FCC 

Headquarters Open Window and Change in HandDelivery Policy, Public Notice, 35 FCC Rcd 2788 

(2020). 

(3) * * * 

(i) All officer endorsements as master 

on vessels of less than 500 GT in ocean 

service. 

(ii) All officer endorsements for 

master or mate (pilot) of towing vessels 

for service on near-coastal waters, 

except apprentice mate (steersman) of 

towing vessels. 

(iii) All officer endorsements for 

master or mate (pilot) of towing vessels 

for service on Great Lakes, except 

apprentice mate (steersman) of towing 

vessels. 

(iv) All officer endorsements as 

master or mate (pilot) of towing vessels 

for service on inland waters or Western 

Rivers, except apprentice mate 

(steersman) of towing vessels. 

(A) The Coast Guard will accept a 

Coast Guard approved modified basic 

firefighting course, which is the basic 

firefighting training described in 

paragraph (h)(3) of this section modified 

to only cover the equipment, fire 

prevention procedures, and firefighting 

operations required on towing vessels 

on inland waters or Western Rivers 

routes required in 46 CFR parts 140 and 

142. A mariner who completes this 

modified basic firefighting course will 

be issued an endorsement that is 

restricted to inland waters or Western 

Rivers. 

(B) To increase in scope to Great 

Lakes, near-coastal or oceans, the 

applicant will be required to complete 

the firefighting course appropriate to the 

route sought. 

* * * * * 

(l) Restrictions. The Coast Guard may 

modify the service, training, and 

examination requirements in this part to 

satisfy the unique qualification 

requirements of an applicant or distinct 

group of mariners. The Coast Guard may 

also lower the age requirement for 

OUPV applicants. The authority granted 

by an officer endorsement will be 

restricted to reflect any modifications 

made under the authority of this 

paragraph (l). 

Dated: August 16, 2021. 

J.W. Mauger, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Prevention Policy. 

[FR Doc. 2021–17945 Filed 8–31–21; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 25, 73, and 76 

[MB Docket No. 21–293; FCC 21–91; FR ID 

43007] 

Revisions to Political Programming 

and Recordkeeping Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes to update its 

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 Commission proposes to 

update its political programming rules 

by adding the use of social media and 

the 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 Commission also 

proposes to update its political 

recordkeeping rules by incorporating 

provisions which were adopted in the 

Bipartisan Campaign Reform Act of 

2002. 

DATES: Comments are due on or before 

October 1, 2021; reply comments are 

due on or before October 18, 2021. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 21–293, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19.1

• During the time the Commission’s 

building is closed to the general public 

and until further notice, if more than 

one docket or rulemaking number 

appears in the caption of a proceeding, 

paper filers need not submit two 

additional copies for each additional 

docket or rulemaking number; an 

original and one copy are sufficient. 

People with Disabilities. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Gary Schonman, 

Special Counsel, Federal 

Communications Commission, Media 

Bureau, Policy Division, Political 

Programming Staff, at Gary.Schonman@

fcc.gov or 202–418–1795. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), FCC 21– 

91, adopted on August 3, 2021, and 

released on August 4, 2021. The full text 

of this document is available for public 

inspection and copying via ECFS at 

http://apps.fcc.gov/ecfs and the FCC’s 

website at https://docs.fcc.gov/public/ 

attachments/FCC-21-91A1.pdf. 

Documents will be available 

electronically in ASCII, Microsoft 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). 

Synopsis 

In this Notice of Proposed 

Rulemaking (NPRM), we propose to 

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. While the agency has strived 

to update its guidance to reflect changes 

in law and campaign practices, it has 

not undertaken a formal review to 


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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 48943 

2Codification of the Commission’s Political 

Programming Policies, MM Docket No. 91–168, 

Report and Order, 7 FCC Rcd 678 (1991) (1991 

Political Programming Order). 

3 John Haltiwanger, Americans are Already 

Exhausted with the 2020 Election, and it’s Just 

Getting Started. Other Countries Have Laws 

Limiting the Length of Campaigns (Feb. 10, 2020), 

https://www.businessinsider.com/us-presidentialelections-are-absurdly-long-compared-rest-of-world2020-2 (explaining that the 2020 U.S. Presidential 

election would last approximately 1,194 days); Karl 

Evers-Hillstrom, Most Expensive Ever: 2020 

Election Cost $14.4 Billion (Feb. 11, 2021), https:// 

www.opensecrets.org/news/2021/02/2020-cyclecost-14p4-billion-doubling-16/ (2020 campaign 

spending doubled the amount in 2016). 

4 Information in a station’s political file is 

available to the public on the Commission-hosted 

website at https://publicfiles.fcc.gov/. 

5 47 CFR 73.1940(f), 76.5(q). 

6Public Law 107–155, § 504, 116 Stat. 81 (2002) 

(codified at 47 U.S.C. 315(e)). 

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

8 47 U.S.C. 312(a)(7). See 47 CFR 73.1944. 9See Establishment of Rules and Policies for the 

Digital Audio Radio Satellite Service in the 2310– 

2360 MHz Frequency Band, IB Docket No. 95–91, 

Gen. Docket No. 90–357, Report and Order 

Memorandum Opinion and Order and Further 

Notice of Proposed Rulemaking, 12 FCC Rcd 5754, 

5792, para. 92 (1997) (extending the political 

programming provisions in sections 312(a)(7) and 

315 of the Act to SDARS licensees); 47 CFR 

25.702(a)–(b). 

10See Implementation of Section 25 of the Cable 

Television Consumer Protection and Competition 

Act of 1992, Direct Broadcast Satellite Public 

Interest Obligations, MM Docket No. 93–205, Report 

and Order, 13 FCC Rcd 23254 (1998) (DBS Public 

Interest Obligations Report and Order) (establishing 

rules applying the political programming rules in 

sections 312(a)(7) and 315 of the Act to DBS service 

providers, in accordance with section 335 of the 

Act), recon. denied, Memorandum Opinion and 

Order on Reconsideration of the First Report and 

Order, 19 FCC Rcd 5854 (2003) (Order on 

ReconsIderation), Order on ReconsIderation 

vacated and superseded by Second Order on 

Reconsideration of First Report and Order, 19 FCC 

Rcd 5647 (2004) (DBS Public Interest Obligations 

Sua Sponte ReconsIderation); 47 CFR 25.701(b)–(d). 

11See 1991 Political Programming Order, 7 FCC 

Rcd at 679, para. 4. 

12 47 U.S.C. 315(a). See 47 CFR 73.1941, 76.205. 

13 47 U.S.C. 315(b). Pursuant to section 315(b)(1) 

14Section 315(c) of the Act defines the term 

‘‘broadcasting station’’ as including cable television 

systems and the terms ‘‘licensee’’ and ‘‘station 

licensee’’ as including cable operators. 47 U.S.C. 

315(c) (‘‘For purposes of this section—(1) the term 

‘broadcasting station’ includes a community 

antenna television system; and (2) the terms 

‘licensee’ and ‘station licensee’ when used with 

respect to a community antenna television system 

mean the operator of such system.’’). 

15See supra note 8. 

16See supra note 9. 

17While section 312(a)(7) applies only to legally 

qualified candidates for federal office, section 315 

applies to all candidates for elective office, whether 

federal, state, or local. 

18 47 CFR 73.1940. Section 76.5(q) of the 

Commission’s rules includes an identical definition 

of ‘‘legally qualified candidates for public office’’ 

used for purposes of the political programming 

rules governing cable systems. Id. § 76.5(q). The 

definition of ‘‘legally qualified candidates for public 

office’’ set forth in section 73.1940 also applies for 

purposes of the political programming obligations 

of DBS providers and SDARS licensees. Id. 

§§ 25.701(b)(1), 25.702(a). 

19 Id. § 73.1940(a)(1). 

20 Id. § 73.1940(a)(2). 

21 Id. §§ 73.1940(a)(3), 73.1940(b)(1), and 

73.1940(b)(2). 

22 Id. § 73.1940(b)(2). 

update the political programming and 

recordkeeping rules since 1991.2 Given 

the substantial growth of such 

programming in recent years,3 the 

updates proposed in this item are 

intended to conform our rules with 

statutory amendments, increase 

transparency, and account for modern 

campaign practices. 

We propose two revisions to our 

political programming and 

recordkeeping rules.4 First, consistent 

with modern campaign practices, we 

propose to 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.5 Second, we propose to 

revise the Commission’s political file 

rules to conform with the Bipartisan 

Campaign Reform Act of 2002 (BCRA), 

which included within the political file 

requirements 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 specify 

the records that must be maintained.6

I. Background 

In addition to the First Amendment 

protections afforded to material aired by 

Commission licensees and regulatees, 

political programming receives 

additional, special protections. Congress 

has recognized the great importance of 

political programming in the United 

States by passing laws to ensure that 

those who run for elective office have 

access to broadcast and other platforms 

so that they may inform citizens of their 

positions on critical issues of the day. 

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).7 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 on behalf 

of their candidacy. .’’ 8 Section 312(a)(7) 

of the Act also applies to SDARS 

licensees 9 and DBS service providers,10

but it is not applicable to cable system 

operators.11 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.12

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.’’ 13 The 

requirements in section 315 also apply 

to cable system operators,14 SDARS 

licensees,15 and DBS service 

providers.16 The entitlements embodied 

in sections 312(a)(7) and 315 of the Act 

are available only to persons who have 

achieved the status of ‘‘legally qualified 

candidate.’’ 17

The Communications Act does not 

define the term ‘‘legally qualified 

candidate,’’ and therefore the 

Commission has adopted a definition, as 

reflected in § 73.1940.18 Generally, an 

individual seeking election (other than 

for President or Vice President) must 

publicly announce his or her intention 

to run for office,19 must be qualified to 

hold the office for which he or she is a 

candidate,20 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.21 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.22 Section 73.1940(f) of the 

Commission’s rules specifies the 

requirements to demonstrate a 

‘‘substantial showing’’ of a bona fide 

candidacy by providing a nonexclusive 

list of activities commonly associated 

with political campaigning. 

Political Recordkeeping Obligations. 

The political recordkeeping 

requirements serve to reinforce the 

statutory protections for political 

programming. The Commission first 

adopted rules requiring broadcast 

stations to maintain public inspection 

files documenting requests for political 

advertising time more than 80 years 

ago.23 It is crucial that stations maintain 

political files that are complete and up 

to date because the information in them 

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.2324 Additionally, these files 

enable the public to verify that licensees 

have complied with their obligations 

relating to use of their facilities by 

candidates for political office and to 


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48944 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 

25Review of the Commission’s Rules Regarding 

the Main Studio and Local Public Inspection Files 

of Broadcast Television and Radio Stations, MM 

Docket No. 97–138, Report and Order, 13 FCC Rcd 

15691, 15716, para. 54 (1998). In order for the 

public to verify that licensees have complied with 

their obligations, the public can visit a particular 

station or other entity’s political file on the 

Commission-hosted website https://

publicfiles.fcc.gov/. 

24Amendment of Part 76 of the Commission’s 

Rules and Regulations Relative to Obligations of 

Cable Television Systems to Maintain Public 

Inspection Files and Permit System Inspections, 

Docket No. 19948, Report and Order, 48 FCC 2d 72, 

para. 1 (1974); 47 CFR 76.1701. 

25Section 335 of the Act imposes public interest 

obligations on DBS providers and requires the 

Commission, at a minimum, to apply the access to 

broadcast time requirement of section 312(a)(7) and 

the use of facilities requirements of section 315 to 

DBS providers. 47 U.S.C. 335(a). The Commission 

adopted rules requiring DBS providers to abide by 

political file obligations similar to those 

requirements placed on terrestrial broadcasters and 

cable systems in order to assist in evaluations of 

compliance with the political programming rules 

and to enable competing candidates to review other 

candidates’ advertising access and rates. DBS Public 

Interest Obligations Report and Order, 13 FCC Rcd 

at 23271, para. 41; DBS Public Interest Obligations 

Sua Sponte ReconsIderation, 19 FCC Rcd at 5561, 

para. 35; 47 CFR 25.701(d). 

26Expansion of Online Public File Obligations to 

Cable and Satellite TV Operators and Broadcast 

and Satellite Radio Licensees, MB Docket No. 14– 

217, Report and Order, 31 FCC Rcd 526, 537–38, 

paras. 26–27 (2016) (Expansion of Online Public 

File Obligations); Applications for Consent to the 

Transfer of Control of Licenses, XM Satellite Radio 

Holdings Inc., Transferor, to Sirius Satellite Radio 

Inc., Transferee, MB Docket No. 07–57, 

Memorandum Opinion and Order and Report and 

Order, 23 FCC Rcd 12348, 12415, para. 146 (2008); 

47 CFR 25.702(b). 

27Public Law 107–155, 504, 116 Stat. 81 (2002) 

(codified at 47 U.S.C. 315(e)). 

28 47 U.S.C. 315(e)(1). 

29 Id. 

30The reference to ‘‘licensee’’ in section 315(e)(1) 

includes broadcast licensees and cable system 

operators, SDARS licensees, and DBS service 

providers engaged in origination programming. See 

47 CFR 76.5(p), 76.1701, 25.701, 25.702. 

31 47 U.S.C. 315(e)(2). 

32 Id. Section 315(e)(3). See infra para. 15. 

33 47 CFR 73.1940(f), 76.5(q). As we explain 

above, the definition of ‘‘legally qualified 

candidates for public office’’ set forth in section 

73.1940 also applies for purposes of the political 

programming obligations of DBS providers and 

SDARS licensees. Id. §§ 25.701(b)(1), 25.702(a). 

Thus, the analysis and discussion here as well as 

revisions to the definition in section 73.1940 would 

apply to these entities as well. 

34 47 U.S.C. 312(a)(7); 47 CFR 73.1944. 

35 47 U.S.C. 315(a); 47 CFR 73.1941, 76.205. 

36 47 U.S.C. 315(b); 47 CFR 73.1942, 76.206. 

37 Id. Sections 73.1940(b)(2), 76.5(q)(2). 

38 47 U.S.C. 315(a). 

39 47 CFR 73.1940(f), 76.5(q)(5). The Media 

Bureau has long required that an individual 

claiming to be a ‘‘legally qualified candidate’’ by the 

write-in method bears the burden of demonstrating 

that he or she has made a ‘‘substantial showing’’ of 

a bona fide candidacy. See, e.g., Complaint of 

Michael Stephen Levinson, 87 FCC 2d 433, 435 

(Broadcast Bur. 1980) (‘‘The burden is on [the 

potential candidates] to establish to the stations 

from which [they] seek broadcast time under 

Section 312 that [they] have ‘engaged to a 

substantial degree in activities commonly 

associated with political campaigning.’ ’’). Further, 

the Media Bureau has held that a broadcaster’s or 

cable operator’s determination as to whether a 

potential write-in candidate has satisfied the 

‘‘substantial showing’’ requirement is entitled to 

deference, provided the determination is reasonable 

and made in good faith. See Complaint by Michael 

Levinson Against Station WXXI–TV, Rochester, 

New York, 1 FCC Rcd 1305 (MMB 1986) (Michael 

Levinson) (‘‘This agency will review the licensee’s 

decision only to determine if it was unreasonable 

or made in bad faith.’’); Complaint of Douglas S. 

Kraegar Against Radio Station WTLB Utica, New 

York, 87 FCC 2d 751, 753 (Broadcast Bur. 1980) (‘‘A 

licensee has the discretion to make a good faith 

judgment as to the bona fide qualifications of a 

write-in candidate.’’). Cf., CBS, Inc. v. FCC, 453 U.S. 

367, 387 (1981) (‘‘If broadcasters take the 

appropriate factors into account and act reasonably 

and in good faith, their decisions will be entitled 

to deference even if the Commission’s analysis 

would have differed in the first instance.’’). 

40See, e.g., Lata Nott, Political Advertising on 

Social Media Platforms (June 26, 2020), https:// 

obtain information about entities 

sponsoring candidate and issue 

advertisements.25 The Commission also 

has applied political file rules to cable 

television system operators,24 DBS 

providers,25 and SDARS licensees,26

finding that the rationale for imposing 

such requirements on broadcasters 

similarly applies to these entities. 

In 2002, Congress enacted the BCRA, 

which amended section 315 of the 

Act.27 The BCRA added 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.28 In addition, 

the BCRA 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.’’ 29 Specifically, section 

315(e)(1) of the Act requires licensees to 

make available for public inspection a 

complete record of each request for the 

purchase of broadcast time by or on 

behalf of a legally qualified candidate 

and by or on behalf of any other entity 

whose ad communicates a message 

relating to any political matter of 

national importance. 

A licensee shall maintain, and make 

available for public inspection, a 

complete record of a request to purchase 

broadcast time that— 

(A) is made by or on behalf of a 

legally qualified candidate for public 

office; or 

(B) communicates a message relating 

to any political matter of national 

importance, including—(i) a legally 

qualified candidate; 30

The BCRA, at section 315(e)(2) of the 

Act,31 also specifies the kinds of records 

that must be maintained in political 

files, and it provides, at section 

315(e)(3) of the Act, 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.’’ 32

II. Discussion 

A. ‘‘Substantial Showing’’ for Write-In 

Candidates 

In order to update our rules to make 

them consistent with present-day 

campaign practices, we propose to 

amend §§ 73.1940(f) and 76.5(q) of the 

Commission’s rules to add the use of 

social media and creation of a campaign 

website to the list of activities that a 

broadcast licensee or cable operator may 

consider in determining whether an 

individual who is running as a write-in 

candidate has made a ‘‘substantial 

showing’’ of his or her candidacy.33 The 

proposed amendment would recognize 

both activities as among the practices 

that are now commonly associated with 

political campaigning. 

Only those individuals who have 

achieved the status of ‘‘legally qualified 

candidate’’ are entitled to avail 

themselves of the benefits and privileges 

bestowed by the political programming 

rules, including the reasonable access,34

equal opportunities,35 and lowest unit 

charge provisions.36 If seeking election 

by the write-in method, an 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.37

Questions as to whether an individual 

who is running as a write-in candidate 

has made a ‘‘substantial showing’’ 

ordinarily arise when such individual 

approaches a broadcast station or cable 

system and makes a request to purchase 

time in furtherance of his or her 

candidacy or seeks to avail himself or 

herself of equal opportunities.38

Sections 73.1940(f) and 76.5(q) 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.’’ 39

At the time our current rules were 

drafted, social media and campaign 

websites did not exist. Media coverage 

of recent campaigns on the national, 

state, and local levels indicates that the 

use of social media has become an 

activity that bona fide candidates 

routinely use to solicit support, 

financial contributions, and votes.40


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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 48945 

www.americanbar.org/groups/crsj/publications/ 

human_rights_magazine_home/voting-in-2020/ 

political-advertising-on-social-media-platforms/; 

Daniel Kreiss, Regina G. Lawrence, and Shannon C. 

McGregor, In Their Own Words: Political 

Practitioner Accounts of CandIdates, Audiences, 

Affordances, Genres, and Timing in Strategic Social 

Media Use, 35 Pol. Commc’n 26, 12–13 (2018) 

(finding that each social media platform, with 

different audiences and capabilities, provides ‘‘a 

primary way for candidates to introduce themselves 

to vastly dispersed constituencies and build their 

support among potential volunteers, donors, and 

voters’’). 

41See, e.g., Maria Petrova, Ananya Sen, and Pinar 

Yildirim, Social Media and Political Contributions: 

The Impact of New Technology on Political 

Competition, Management Science, 7–8 (2020) 

(Petrova, Social Media and Political Contributions); 

Daniel Kreiss and Shannon C. McGregor, 

Technology Firms Shape Political Communication: 

The Work of Microsoft, Facebook, Twitter, and 

Google with Campaigns During the 2016 U.S. 

PresIdential Cycle, 35 Pol. Commc’n, 158–59 (2018). 

42Petrova, Social Media and Political 

Contributions, at 28. 

43University of Pennsylvania Knowledge @

Wharton, How Social Media Is Shaping Political 

Campaigns (Aug. 17, 2020), https://

knowledge.wharton.upenn.edu/article/how-socialmedia-is-shaping-political-campaigns/. 

44See Petrova, Social Media and Political 

Contributions, at 5, 26–27 (‘‘[M]ore frequent and 

more informative tweets (e.g., including links to 

websites, responding to news fast, or more antiestablishment Tweets) are associated with receiving 

higher contributions after adopting Twitter.’’). 

45See, e.g., Google Transparency Report Help 

Center, Political Advertising on Google FAQs, 

https://support.google.com/transparencyreport/ 

answer/9575640#zippy=%2Cwhat-targetingcriteria-can-be-used-for-election-ads (last visited 

May 25, 2021); Snapchat Business Help Center, 

Audience Insights, https://businesshelp.snapchat.

com/s/article/audience-insights?language=en_US&_

ga=2.101326145.1539846222.1621879796- 

1506173507.1621879796 (last visited May 25, 

2021). 

46See, e.g., Facebook Business Help Center, 

About Breakdowns, Metrics, and Filtering in Ads 

Reporting, https://www.facebook.com/business/ 

help/264160060861852 (last visited May 25, 2021) 

(Ads Reporting allows advertisers to analyze 

demographic metrics including country, region, and 

designated market region); Google Ads Help, About 

Measuring Geographic Performance, https://

support.google.com/google-ads/answer/ 

2453994?hl=en (last visited May 25, 2021) (Report 

Editor generates reports, which can show 

performance of ads targeted by location). 

47See, e.g., Dick Morris, Direct Democracy and 

the internet, 34 Loy. L.A. L. Rev. 1033 (2000); Diana 

Owen, New Media and Political Campaigns, The 

Oxford Handbook of Pol. Commc’n (2014). (since 

2008, campaigns have used websites to incorporate 

interactive applications and link to their social 

media accounts); Elisa Shearer, Pew Research 

Center, CandIdates’ Social Media Outpaces Their 

websites and Emails As An Online Campaign News 

Sources (2016), https://www.pewresearch.org/facttank/2016/07/20/candidates-social-mediaoutpaces-their-websites-and-emails-as-an-onlinecampaign-news-source/ (while candidates’ social 

media posts outpace campaign websites as a source 

of online campaign news, campaign websites are 

also an important source of online campaign 

information). 

48 47 U.S.C. 315(e); 47 CFR 25.701(d), 25.702(b), 

73.1943, 76.1701. 49Public Law 107–155, § 504, 116 Stat. 81 (2002) 

(codified at 47 U.S.C. 315(e)). 50 47 U.S.C. 315(e)(1)(a) through (b). 51 47 U.S.C. 315(e)(2). 54 47 CFR 25.701(d), 25.702(b), 73.1943, 76.1701. 

Recent articles reveal that bona fide 

political campaigns use major social 

media platforms to advertise, connect 

with supporters, and fundraise 41 and 

that such engagement in social media 

use, for example, by creating a Twitter 

or Facebook account, typically increases 

donations for new politicians.42 For 

instance, reports of the most recent 

election reflect that candidates garnered 

support by posting photographs and 

hosting chats on Instagram.43 In 

addition, social media platforms enable 

political campaigns to build support by 

disseminating campaign updates 44 and 

targeting advertisements to potential 

voters,45 and they provide sophisticated 

tools to regularly measure user 

engagement.46

In order that our rules reflect ordinary 

campaign practices, we propose to add 

the use of social media for the purpose 

of promoting or furthering a campaign 

for public office to the list of recognized 

campaign activities in §§ 73.1940(f) and 

76.5(q). We seek comment on this 

proposal and the types of campaignrelated activities for which social media 

could be used in demonstrating a 

substantial showing of a bona fide 

candidacy. For instance, a candidate 

might use social media to raise funds, 

solicit votes, share policy positions, and 

engage in digital dialogues with voters. 

We note that we are not proposing that 

social media presence alone would be 

sufficient to support a status of ‘‘legally 

qualified candidate’’ but that it would 

be an additional indicator of activities 

commonly associated with political 

campaigning needed to make substantial 

showing of a bona fide candidacy. 

We also propose to add creation of a 

campaign website to the list of 

recognized campaign activities in 

§§ 73.1940(f) and 76.5(q). Recent articles 

indicate that campaign websites, like 

social media platforms, are used by 

candidates to connect to a wide 

audience of potential voters 

instantaneously and facilitate direct 

communication and fundraising.47

Accordingly, we tentatively conclude 

that adding the creation of a campaign 

website to the list of recognized 

activities is justified for the same 

reasons provided in support of 

including use of social media. We again 

note that a website alone would not be 

sufficient to support a status of ‘‘legally 

qualified candidate’’ but that it would 

be an additional indicator of activities 

commonly associated with political 

campaigning needed to make substantial 

showing of a bona fide candidacy. We 

seek comment on this conclusion and 

the proposal. 

Finally, we seek comment on whether 

other activities consistent with modern 

campaign practices, such as the use of 

digital marketing and advertising, 

should be added to the list of recognized 

campaign activities in §§ 73.1940(f) and 

76.5(q). If additional activities are 

included, should the substantial 

showing analysis involve any limiting 

factors, such as requiring that the 

marketing and advertising be directed 

toward persons in areas where votes are 

being solicited? 

B. Implementation of the BCRA and 

Section 315 of the Act 

We propose to revise the political file 

rules for broadcast licensees, cable 

operators, DBS providers, and SDARS 

licensees to bring them into conformity 

with the BCRA and section 315(e) of the 

Act.48 As discussed above, in 2002, 

Congress enacted the BCRA, which, 

among other things, adopted new 

section 315(e) of the Act.49 While the 

Commission has advised relevant 

parties consistent with the 

recordkeeping requirements embodied 

in section 315(e), the rules were not 

updated. Therefore, the changes that we 

are proposing today would conform our 

rules to the statutory requirements. 

Specifically, section 315(e)(1) codifies 

the requirement that information 

regarding any request to purchase 

advertising time that ‘‘is made on behalf 

of a legally qualified candidate for 

public office,’’ also known as candidate 

ads, be placed in the political file. It also 

specifies that the political 

recordkeeping obligations include any 

request for the purchase of advertising 

time that ‘‘communicates a message 

relating to any political matter of 

national importance,’’ also known as 

issue ads.50 Section 315(e)(2) identifies 

the specific records that must be placed 

in political files for both candidate ads 

and issue ads that communicate a 

message relating to a political matter of 

national importance.51 These records 

include whether the request to purchase 

broadcast time has been accepted or 

rejected, information about the 

advertisement(s), and information about 

the advertiser. The Commission’s 

political file rules for broadcast 

licensees, cable television system 

operators, DBS providers, and SDARS 

licensees currently require these entities 

to maintain for public inspection only 

those records that relate to requests for 

time by or on behalf of candidates for 

public office.54 These rules make no 

mention of the obligation specified in 

section 315(e)(1)(B) of the Act to also 

maintain records of requests for time 

about issue ads that communicate a 


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52 47 U.S.C. 315(e)(1)(B). 

53We note that 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.’’ 47 

U.S.C. 315(e)(3). Our existing political file rules 

already include this requirement. 47 CFR 

25.701(d)(2), 25.702(b)(2), 73.1943(c), 76.1701(c). 

Therefore, we need not propose changes to these 

rules to implement section 315(e)(3). 

54 47 CFR 1.1200 et seq. 

55 5 U.S.C. 603. 

56 Id. Section 601(3) (adopting by reference the 

definition of ‘‘small business concern’’ in 15 U.S.C. 

632). Pursuant to the RFA, the statutory definition 

of a small business applies ‘‘unless an agency, after 

consultation with the Office of Advocacy of the 

Small Business Administration and after 

opportunity for public comment, establishes one or 

more definitions of such term which are 

appropriate to the activities of the agency and 

publishes such definition(s) in the Federal 

Register.’’ 5 U.S.C. 601(3). 

57 15 U.S.C. 632. 

58 5 U.S.C. 603. The RFA, 5 U.S.C. 601–612, has 

been amended by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (SBREFA), Public 

Law 104–121, Title II, 110 Stat. 857 (1996). The 

SBREFA was enacted as Title II of the Contract with 

America Advancement Act of 1996 (CWAAA). 

message relating to any political matter 

of national importance. Our rules 

therefore do not fully reflect all of the 

statutory requirements. We propose to 

revise the political file rules for these 

entities to conform with the language in 

sections 315(e)(1) and (e)(2) of the Act. 

Specifically, we propose to revise these 

rules to require these entities to 

maintain in their online political 

inspection 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 for 

each request for advertising time that 

‘‘communicates a message relating to 

any political matter of national 

importance.’’ 52 In addition, we propose 

to revise our rules to list the specific 

records that must be maintained in 

online political files for both candidate 

ads and issue ads, consistent with list 

enumerated in section 315(e)(2). These 

proposed revisions would implement 

Congress’s directive in the BCRA and 

ensure our political recordkeeping rules 

reflect statutory requirements. We seek 

comment on this proposal.53

C. Cost-Benefit Analysis 

Finally, we seek comment on the 

benefits and costs associated with 

adopting the proposed changes. In 

addition to any benefits to the public at 

large, are there also benefits to industry 

through clarification of the obligations 

on licensees and regulatees? We also 

seek comment on any potential costs 

that would be imposed on licensees and 

regulatees if we adopt the proposals 

contained in this NPRM. In this regard, 

we note that the proposed changes 

would largely conform our rules to the 

requirements of the statute. Comments 

should be accompanied by specific data 

and analysis supporting claimed costs 

and benefits. 

III. Procedural Matters 

Ex Parte Rules—Permit-But-Disclose. 

The proceeding this Notice initiates 

shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules.54

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Initial Regulatory Flexibility Act 

Analysis. The Regulatory Flexibility Act 

of 1980, as amended (RFA), requires 

that a regulatory flexibility analysis be 

prepared for notice and comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ 55 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.56 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 

Small Business Administration (SBA).57

With respect to this Notice of 

Proposed Rulemaking, an Initial 

Regulatory Flexibility Analysis (IRFA) 

under the RFA is contained in 

Appendix B. Written public comments 

are requested on the IFRA and must be 

filed in accordance with the same filing 

deadlines as comments on this Notice of 

Proposed Rulemaking, with a distinct 

heading designating them as responses 

to the IRFA. In addition, a copy of this 

Notice of Proposed Rulemaking and the 

IRFA will be sent to the Chief Counsel 

for Advocacy of the SBA and will be 

published in the Federal Register. 

Paperwork Reduction Act. This 

document proposes new or modified 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens and pursuant to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, invites the general public and the 

Office of Management and Budget 

(OMB) to comment on these information 

collection requirements. 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 seek specific comment on how we 

might further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

Initial Regulatory Flexibility Act 

Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),58 the Commission has prepared 

this Initial Regulatory Flexibility 

Analysis (IRFA) of the possible 

significant economic impact on small 

entities of the policies and rules 

proposed in this NPRM. The 

Commission requests written public 

comments on this IRFA. Comments 

must be identified as responses to the 

IRFA and must be filed by the deadlines 

for comments specified in the NPRM. 

The Commission will send a copy of the 

NPRM, including this IRFA, to the Chief 

Counsel for Advocacy of the Small 


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59 5 U.S.C. 603(a). 

60 Id. 

61Codification of the Commission’s Political 

Programming Policies, MM Docket No. 91–168, 

Report and Order, 7 FCC Rcd 678 (1991) (1991 

Political Programming Order). 

62 John Haltiwanger, Americans are Already 

Exhausted with the 2020 Election, and it’s Just 

Getting Started. Other Countries Have Laws Limited 

the Length of Campaigns (Feb. 10, 2020), https://

www.businessinsider.com/us-presidential-electionsare-absurdly-long-compared-rest-of-world-2020-2 

(explaining that the 2020 U.S. Presidential election 

would last approximately 1,194 days); Karl EversHillstrom, Most Expensive Ever: 2020 Election Cost 

$14.4 Billion (Feb. 11, 2021), https://

www.opensecrets.org/news/2021/02/2020-cyclecost-14p4-billion-doubling-16/ (2020 campaign 

spending doubled the amount in 2016). 

63The Commission has a longstanding practice of 

providing informal guidance to broadcasters and 

other regulatees regarding their political 

programming and related recordkeeping obligations 

and working with industry representatives to foster 

compliance. 

64 47 U.S.C. 312(a)(7), 315. The Commission has 

concluded that section 312(a)(7) does not apply to 

cable operators. 1991 Political Programming Order, 

7 FCC Rcd at 679, para. 4. Section 315(c) of the Act 

defines the term ‘‘broadcasting station’’ as including 

cable television systems and the terms ‘‘licensee’’ 

and ‘‘station licensee’’ as including cable operators. 

47 U.S.C. 315(c) (‘‘For purposes of this section—(1) 

the term ‘broadcasting station’ includes a 

community antenna television system; and (2) the 

terms ‘licensee’ and ‘station licensee’ when used 

with respect to a community antenna television 

system mean the operator of such system.’’). Thus, 

the requirements of section 315 apply to cable 

operators as well as broadcast licensees. In 1997, 

the Commission extended the political 

programming provisions in sections 312(a)(7) and 

315 of the Act to SDARS licensees. Establishment 

of Rules and Policies for the Digital Audio Radio 

Satellite Service in the 2310–2360 MHz Frequency 

Band, IB Docket No. 95–91, Gen. Docket No. 90– 

357, Report and Order Memorandum Opinion and 

Order and Further Notice of Proposed Rulemaking, 

12 FCC Rcd 5754, 5792, para. 92 (1997); 47 CFR 

25.702(a)–(b). In 1998, in accordance with section 

335 of the Act, 47 U.S.C. 335, the Commission 

established rules applying the political 

programming rules in sections 312(a)(7) and 315 of 

the Act to DBS service providers. Implementation 

of Section 25 of the Cable Television Consumer 

Protection and Competition Act of 1992, Direct 

Broadcast Satellite Public Interest Obligations, MM 

Docket No. 93–205, Report and Order, 13 FCC Rcd 

23254 (1998) (DBS Public Interest Obligations 

Report and Order), recon. denied, Memorandum 

Opinion and Order on Reconsideration of the First 

Report and Order, 19 FCC Rcd 5854 (2003) (Order 

on ReconsIderation), Order on ReconsIderation 

vacated and superseded by Second Order on 

Reconsideration of First Report and Order, 19 FCC 

Rcd 5647 (2004) (DBS Public Interest Obligations 

Sua Sponte ReconsIderation); 47 CFR 25.701(b)–(d). 

65 47 U.S.C. 312(a)(7). See 47 CFR 73.1944. 

66 47 U.S.C. 315(a). See 47 CFR 73.1941, 76.205. 

67 47 U.S.C. 315(b). See 47 CFR 73.1942, 76.206. 

68While section 312(a)(7) applies only to legally 

qualified candidates for federal office, section 315 

applies to all candidates for elective office, whether 

federal, state, or local. 

69 47 CFR 73.1940. Section 76.5(q) of the 

Commission’s rules includes an identical definition 

of ‘‘legally qualified candidates for public office’’ 

used for purposes of the political programming 

rules governing cable systems. Id. § 76.5(q). The 

definition of ‘‘legally qualified candidates for public 

office’’ set forth in section 73.1940 also applies for 

purposes of the political programming obligations 

of DBS providers and SDARS licensees. Id. 

§§ 25.701(b)(1), 25.702(a). 

70 Id. § 73.1940(a)(1). 

71 Id. § 73.1940(a)(2). 

72 Id. §§ 73.1940(a)(3), 73.1940(b)(1), and 

73.1940(b)(2). 

73 Id. § 73.1940(b)(2). 

77See 3 FR 1691 (1938). 

74Pursuant to section 73.1941(c) of the Rules, 

candidates have one week from an opponent’s 

initial ‘‘use’’ to request equal opportunities. 47 CFR 

73.1941(c). The failure by a station to promptly 

upload information about each ‘‘use’’ denies 

requesting candidates the notice they need to assert 

their statutory rights to equal opportunities in a 

timely manner. Standardized and Enhanced 

Disclosure Requirements for Television Broadcast 

Licensee Public Interest Obligations, MM Docket 

Nos. 00–168 and 00–44, Second Report and Order, 

27 FCC Rcd 4535, 4562, para. 55 (2012). 

75Review of the Commission’s Rules Regarding 

the Main Studio and Local Public Inspection Files 

of Broadcast Television and Radio Stations, MM 

Docket No. 97–138, Report and Order, 13 FCC Rcd 

15691, 15716, para. 54 (1998). 

76Amendment of Part 76 of the Commission’s 

Rules and Regulations Relative to Obligations of 

Cable Television Systems to Maintain Public 

Inspection Files and Permit System Inspections, 

Docket No. 19948, Report and Order, 48 FCC 2d 72, 

para. 1 (1974); 47 CFR 76.1701. 

Business Administration (SBA).59 In 

addition, the NPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register.60

Need for, and Objectives of, the 

Proposed Rules 

While the agency has strived to 

update its guidance to reflect changes in 

law and campaign practices, it has not 

undertaken a formal review to update 

the political programming and 

recordkeeping rules since 1991.61 Given 

the substantial growth of political media 

messaging in recent years,62 the updates 

proposed in this item are intended to 

conform our rules with statutory 

amendments, reflect existing practices 

and guidance,63 and account for modern 

campaign practices. 

Sections 312(a)(7) and 315 of the 

Communications Act of 1934, as 

amended (Act), set forth the political 

programming obligations of broadcast 

licensees and other Commission 

regulatees.64 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.’’ 65 Under section 

315(a), if a broadcast licensee, cable 

operator, or other regulatee 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.66

Section 315(b) provides that, during 

certain periods before an election, 

legally qualified candidates are entitled 

to ‘‘the lowest unit charge of the station 

or cable system for the same class and 

amount of time for the same period.’’ 67

The entitlements embodied in sections 

312(a)(7) and 315 of the Act are 

available only to persons who have 

achieved the status of ‘‘legally qualified 

candidate.’’ 68

Section 73.1940 of the Commission’s 

rules defines who is a ‘‘legally qualified 

candidate for public office.’’ 69

Generally, an individual seeking 

election (other than for President or 

Vice President) must publicly announce 

his or her intention to run for office,70

must be qualified to hold the office for 

which he or she is a candidate,71 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.72 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.73

Section 73.1940(f) of the Commission’s 

rules specifies the requirements to 

demonstrate a ‘‘substantial showing’’ of 

a bona fide candidacy by providing a 

nonexclusive list of activities commonly 

associated with political campaigning. 

The political recordkeeping 

requirements serve to reinforce the 

statutory protections for political 

programming. The Commission first 

adopted rules requiring broadcast 

stations to maintain public inspection 

files documenting requests for political 

advertising time more than 80 years 

ago.77 It is crucial that stations maintain 

political files that are complete and up 

to date because the information in them 

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.74 Additionally, these files 

enable the public to verify that licensees 

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.75 The Commission also 

has applied political file rules to cable 

television system operators,76 DBS 


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77Section 335 of the Act imposes public interest 

obligations on DBS providers and requires the 

Commission, at a minimum, to apply the access to 

broadcast time requirement of section 312(a)(7) and 

the use of facilities requirements of section 315 to 

DBS providers. 47 U.S.C. 335(a). The Commission 

adopted rules requiring DBS providers to abide by 

political file obligations similar to those 

requirements placed on terrestrial broadcasters and 

cable systems in order to assist in evaluations of 

compliance with the political programming rules 

and to enable competing candidates to review other 

candidates’ advertising access and rates. DBS Public 

Interest Obligations Report and Order, 13 FCC Rcd 

at 23271, para. 41; DBS Public Interest Obligations 

Sua Sponte ReconsIderation, 19 FCC Rcd at 5561, 

para. 35; 47 CFR 25.701(d). 

78Expansion of Online Public File Obligations to 

Cable and Satellite TV Operators and Broadcast 

and Satellite Radio Licensees, MB Docket No. 

14.217, Report and Order, 31 FCC Rcd 526, 537– 

38, paras. 26–27 (2016); Applications for Consent to 

the Transfer of Control of Licenses, XM Satellite 

Radio Holdings Inc., Transferor, to Sirius Satellite 

Radio Inc., Transferee, MB Docket No. 07–57, 

Memorandum Opinion and Order and Report and 

Order, 23 FCC Rcd 12348, 12415, para. 146 (2008); 

47 CFR 25.702(b). 

79Public Law 107–155, 504, 116 Stat. 81 (2002) 

(codified at 47 U.S.C. 315(e)). 

80 47 U.S.C. 315(e)(1). 

81 Id. 

82 Id. Section 315(e)(1). 

87 Id. Section 315(e)(3). 

88 Id. Section 315(e)(3). 

84Public Law 107–155, section 504, 116 Stat. 81 

(2002) (codified at 47 U.S.C. 315(e)). 

85 5 U.S.C. 603(b)(3). 

86 5 U.S.C. 601(6); see infra note 38 (explaining 

the definition of ‘‘small business’’ under 5 U.S.C. 

601(3)); see 5 U.S.C. 601(4) (defining ‘‘small 

organization’’ as ‘‘any not-for-profit enterprise 

which is independently owned and operated and is 

not dominant in its field, unless an agency 

establishes, after opportunity for public comment, 

one or more definitions of such term which are 

appropriate to the activities of the agency and 

publishes such definition(s) in the Federal 

Register’’); 5 U.S.C. 601(5) (defining ‘‘small 

governmental jurisdiction’’ as ‘‘governments of 

cities, counties, towns, townships, villages, school 

districts, or special districts, with a population of 

less than fifty thousand, unless an agency 

establishes, after opportunity for public comment, 

one or more definitions of such term which are 

appropriate to the activities of the agency and 

which are based on such factors as location in rural 

or sparsely populated areas or limited revenues due 

to the population of such jurisdiction, and 

publishes such definition(s) in the Federal 

Register’’). 

87 5 U.S.C. 601(3) (adopting by reference the 

definition of ‘‘small business concern’’ in 15 U.S.C. 

632(a)(1)). Pursuant to 5 U.S.C. 601(3), the statutory 

definition of a small business applies ‘‘unless an 

agency, after consultation with the Office of 

Advocacy of the Small Business Administration 

and after opportunity for public comment, 

establishes one or more definitions of such term 

which are appropriate to the activities of the agency 

and publishes such definition(s) in the Federal 

Register.’’ Id. 

88 15 U.S.C. 632(a)(1)–(2)(A). 

89U.S. Census Bureau, 2017 NAICS Definitions, 

‘‘515120 Television Broadcasting,’’ http://

www.census.gov./cgi-bin/sssd/naics/naicsrch. 

90 Id. 

91 13 CFR 121.201; 2012 NAICS code 515120. 

92U.S. Census Bureau, Table No. EC1251SSSZ4, 

Information: Subject Series—Establishment and 

Firm Size: Receipts Size of Firms for the United 

States: 2012 (515120 Television Broadcasting). 

https://factfinder.census.gov/faces/tableservices/jsf/ 

pages/productview.xhtml?pid=ECN_2012_US_

51SSSZ4&prodType=table. 

providers,77 and SDARS licensees,78

finding that the rationale for imposing 

such requirements on broadcasters 

similarly applies to these entities. 

In 2002, Congress enacted the 

Bipartisan Campaign Reform Act 

(BCRA), which amended section 315 of 

the Act.79 The BCRA added 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.80 In addition, 

the BCRA 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.’’ 81 Specifically, section 

315(e)(1) of the Act requires licensees to 

make available for public inspection a 

complete record of each request for the 

purchase of broadcast time by or on 

behalf of a legally qualified candidate 

and by or on behalf of any other entity 

whose ad communicates a message 

relating to any political matter of 

national importance.82

The BCRA also specified the records that 

must be maintained in political files. 

Specifically, section 315(e)(2) requires 

licensees to place in their political files 

information that includes whether the 

request to purchase broadcast time has been 

accepted or rejected, information about the 

advertisement(s), and information about the 

advertiser. 

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.’’ 87

The NPRM proposes to 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.83 The NPRM 

also proposes to revise the 

Commission’s political file rules to 

conform with BCRA’s amendment to 

Section 315(e) of the Act, which 

included within the political file 

requirements 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 specify 

the records that must be maintained.84

Additionally, the proposed revisions 

would specify the records that must be 

maintained in political files. 

Legal Basis 

The proposed action is authorized 

under sections 151, 154(i), 154(j), 303(r), 

307, 312, 315,335, and 403 of the 

Communications Act of 1934, as 

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

303(r), 307, 312, 315, 335, and 403. 

Description and Estimate of the Number 

of Small Entities to Which the Proposed 

Rules Will Apply 

The RFA directs agencies to provide 

a description of, and where feasible, an 

estimate of the number of small entities 

that may be affected by the proposed 

rule revisions, if adopted.85 The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ 86 In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act (SBA).87

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.88 Below, we provide a description 

of such small entities, as well as an 

estimate of the number of such small 

entities, where feasible. 

Television Broadcasting. This U.S. 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting images together with 

sound.’’ 89 These establishments operate 

television broadcast studios and 

facilities for the programming and 

transmission of programs to the 

public.90 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.91

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.92 Based 

on this data, we estimate that the 


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93Broadcast Station Totals as of March 31, 2021, 

News Release (MB Apr. 5, 2021) (Mar. 31, 2021 

Broadcast Station Totals), https://www.fcc.gov/ 

document/broadcast-station-totals-march-31-2021. 

94 Id. 

95 Id. 

96U.S. Census Bureau, 2017 NAICS Definitions, 

‘‘515112 Radio Stations,’’ http://www.census.gov./ 

cgi-bin/sssd/naics/naicsrch. 

97 13 CFR 121.201; 2017 NAICS code 515112. 

98U.S. Census Bureau, U.S. Census Bureau, Table 

No. EC1251SSSZ4, Information: Subject Series— 

Establishment and Firm Size: Receipts Size of Firms 

for the United States: 2012 (515112 Radio Stations) 

https://factfinder.census.gov/bkmk/table/1.0/en/ 

ECN/2012_US/51SSSZ4//naics∼515112|. 

99 Id. 

100Mar. 31, 2021 Broadcast Station Totals. 

101 ‘‘[Business 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 the power to control both.’’ 13 CFR 

21.103(a)(1). 

102 47 CFR 76.901(d). The Commission 

determined that this size standard equates 

approximately to a size standard of $100 million or 

less in annual revenues. Implementation of Sections 

of the Cable Television Consumer Protection and 

Competition Act of 1992: Rate Regulation, MM 

Docket Nos. 93–215 and 92–266, Sixth Report and 

Order and Eleventh Order on Reconsideration, 10 

FCC Rcd 7393, 7408, para. 28 (1995). 

103See S&P Global Market Intelligence, 

MediaCensus, Operator Subscribers by Geography: 

National Report, Subscribers by Operator, https://

platform.mi.spglobal.com/web/client?auth=inherit#

industry/mediaCensusHome (last visited Jul. 28, 

2020). 

104 47 CFR 76.901(c). 

105See S&P Global Market Intelligence, 

MediaCensus, Operator Subscribers by Geography: 

Headend by Headend Report, Subscribers by 

Headend, https://platform.mi.spglobal.com/web/ 

client?auth=inherit#industry/mediaCensusHome 

(last visited Jul. 28, 2020). 

106 Id. 

107 47 U.S.C. 543(m)(2); see also 47 CFR 76.901(e). 

108S&P Global Market Intelligence, U.S. Cable 

Subscriber Highlights, Basic Subscribers(actual) 

2019, U.S. Cable MSO Industry Total, see also U.S. 

Multichannel Industry Benchmarks, U.S. Cable 

Industry Benchmarks, Basic Subscribers 2019Y, 

https://platform.marketintelligence.spglobal.com. 

109 47 CFR 76.901(e). 

majority of commercial television 

broadcast stations are small entities 

under the applicable size standard. 

Additionally, the Commission has 

estimated the number of licensed 

commercial television stations to be 

1,374.93 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 384.94 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 386 Class A stations.95

Given the nature of this service, the 

Commission presumes that all of these 

stations qualify as small entities under 

the applicable SBA size standard. 

Radio Broadcasting. This U.S. 

Economic Census category ‘‘comprises 

establishments primarily engaged in 

broadcasting aural programs by radio to 

the public.’’ 96 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.97 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.98 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.99 Based on this 

data, we estimate that the majority of 

commercial radio broadcast stations 

were small under the applicable SBA 

size standard. 

The Commission has estimated the 

number of licensed commercial AM 

radio stations to be 4,546 and the 

number of commercial FM radio 

stations to be 6,682 for a total of 11,228 

commercial stations.100 Of this total, 

11,266 stations (or 99%) 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, there were 4,213 

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. 

We note, however, that in assessing 

whether a business concern qualifies as 

‘‘small’’ under the above definition, 

business (control) affiliations 101 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. 

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.102

Industry data indicates that, of the 777 

cable companies currently operating in 

the United States, 766 serve 400,000 or 

fewer subscribers.103 Additionally, 

under the Commission’s rules, a ‘‘small 

system’’ is a cable system serving 15,000 

or fewer subscribers.104 According to 

industry data, there are currently 4,336 

active cable systems in the United 

States.105 Of this total, 3,650 cable 

systems have fewer than 15,000 

subscribers.106 Thus, the Commission 

believes that the vast majority of cable 

companies and cable systems are small 

entities. 

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.’’ 107 As of 2019, there 

were approximately 48,646,056 basic 

cable video subscribers in the United 

States.108 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.109 Based on available 

data, we find that all but five cable 

operators are small entities under this 


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110S&P Global Market Intelligence, Top Cable 

MSOs as of 12/2019, https://platform.market

intelligence.spglobal.com. The five cable operators 

all had more than 486,460 basic cable subscribers. 

111The Commission does receive such 

information on a case-by-case basis if a cable 

operator appeals a local franchise authority’s 

finding that the operator does not qualify as a small 

cable operator pursuant to § 76.901(e) of the 

Commission’s rules. See 47 CFR 76.910(b). 

112See 2017 NAICS Definition, ‘‘517311 Wired 

Telecommunications Carriers,’’ https://

www.census.gov/cgi-bin/sssd/naics/naicsrch?code=

517311&search=2017%20NAICS%20Search (last 

accessed Jul. 27, 2020). 

113 Id. 

114 13 CFR 121.201 (NAICS Code 517311). 

115See Information: Subject Series—Estab and 

Firm Size: Employment Size of Firms for the U.S.: 

2012, 2012 Economic Census of the United States, 

TableID: EC1251SSSZ5, https://data.census.gov/ 

cedsci/table?q=EC1251&hidePreview=true&

table=EC1251SSSZ5&tid=ECNSIZE2012.

EC1251SSSZ5&lastDisplayedRow=28# (last 

accessed Jul. 27, 2020) (NAICS Code 517110 

applied at the time of the 2012 Economic Census). 

116See Communications Marketplace Report et 

al., GN Docket No. 18–231 et al., Report, 33 FCC 

Rcd 12558, 12597, paras. 50–51 (2018). 

117See S&P Global Market Intelligence, 

MediaCensus, Operator Subscribers by Geography: 

National Report, Subscribers by Operator, https://

platform.mi.spglobal.com/web/client?auth=inherit#

industry/mediaCensusHome (last visited Jul. 31, 

2020). 

118See S&P Global Market Intelligence, Global 

Multichannel Top Operators, U.S., https://

platform.mi.spglobal.com/web/client?auth=inherit#

industry/multichannelIndustryBenchmarks (last 

visited Jul. 31, 2020) (There were approximately 

63,650,261 total multichannel subscribers in the 

U.S. in 2019). 

119See https://s1.q4cdn.com/750174072/files/ 

doc_financials/2019/ar/2fb89e07-9f09-4e20-be79- 

9e194d70cd5e.pdf. 120See 5 U.S.C. 603(c). 

size standard.110 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.111 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. 

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.112 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.113 The SBA 

determines that a wireline business is 

small if it has fewer than 1,500 

employees.114 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.115

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.116 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.117 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,118 we presume that neither 

would qualify as a small business. 

Satellite Radio. The rules proposed in 

this NPRM would affect the sole, 

current U.S. provider of satellite radio 

(SDARS) services, Sirius-XM, which 

offers subscription services. Sirius-XM 

reported revenue of $5.78 billion and a 

net income of $1.1 billion in 2018.119 In 

light of these figures, we believe it is 

unlikely that this entity would be 

considered small. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

Reporting Requirements. The NPRM 

does not propose any new or modified 

reporting requirements. 

Recordkeeping Requirements. The 

NPRM proposes to revise the political 

file rules, consistent with the BCRA’s 

amendment to section 315(e) of the Act, 

to reflect 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 NPRM proposes to list 

the specific records that must be 

maintained in political files. 

Other Compliance Requirements. The 

NPRM proposes to revise the political 

programming rules to add the use of 

social media to the list of activities that 

a broadcast licensee or cable operator 

may consider in determining whether 

an individual who is running as a writein candidate has made a ‘‘substantial 

showing’’ of his or her candidacy. 

Steps Taken To Minimize Significant 

Economic 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.120

The proposed revisions to the 

political file rules to implement the 

BCRA would largely codify existing 

Commission policy and guidance. Thus, 

we expect that these revisions, if 

adopted, would not impose significant 

new recordkeeping burdens on small 

entities. We also seek comment on 

possible modifications to the proposed 

revisions to the political file rules to 

lessen any burdens on small entities. 

In addition, we anticipate that the 

proposal to add the use of social media 

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 candidacy would 

only benefit small entities by providing 

additional guidance on how to make 

such determinations. 

Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rule 

None. 

Ordering Clauses 

Accordingly, it is ordered that, 

pursuant to the authority contained in 


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

335, and 403 of the Communications 

Act, 47 U.S.C 151, 154(i), 154(j), 303, 

307, 312, 315, 335, and 403, this Notice 

of Proposed Rulemaking is adopted. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Notice, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects 

47 CFR Parts 25 

Radio, Reporting and recordkeeping 

requirements, Telecommunications. 

47 CFR Part 73 

Cable television, Education, Radio, 

Reporting and recordkeeping 

requirements, Telecommunications 

47 CFR Part 76 

Cable television, internet, Reporting 

and recordkeeping requirements, 

Telecommunications 

Federal Communications Commission. 

Cecilia Sigmund, 

Federal Register Liaison Officer, Office of the 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 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, unless 

otherwise noted. 

■ 2. 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 

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) Contents of record. 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 

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 

political file as soon as possible and 

shall be retained for a period of two 

years. As soon as possible means 

immediately absent unusual 

circumstances. 

* * * * * 

■ 3. 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) Contents of record. 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 

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 

political file 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, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 5. 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 


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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. 

■ 6. Amend § 73.1943 by revising 

paragraph (a), redesignating paragraphs 

(b) and (c) as paragraphs (c) and (d), and 

adding new paragraph (b) to 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) Contents of record. A record 

maintained under paragraph (a) of this 

section 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, 338, 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. 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 

paragraph (q) (2), (3), and (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. 

* * * * * 

■ 9. Amend § 76.1701 by revising 

paragraph (a), redesignating paragraphs 

(b) through (d) as paragraphs (c) through 

(e), and adding new paragraph (b) to 

read as follows: 

§ 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 

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) Contents of record. A record 

maintained under paragraph (a) of this 

section 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. 

* * * * * 

[FR Doc. 2021–17754 Filed 8–31–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 12–375; DA 21–978; FR 

ID 44950] 

Rates for Interstate Inmate Calling 

Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: In this document, the Federal 

Communications Commission is 

extending the time to file comments and 

reply comments in this proceeding in 

order to afford interested parties 

sufficient time to prepare them. 

DATES: Comments are due on or before 

September 27, 2021. Reply Comments 

are due on or before October 27, 2021. 

ADDRESSES: You may submit comments, 

identified by WC Docket No. 12–375, by 

any of the following methods: 


khammond on DSKJM1Z7X2PROD with PROPOSALS