Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27199 

Dated: April 29, 2010. 

Lawrence E. Starfield, 

Deputy Regional Administrator, Region 6. 

■ For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

APPENDIX B—[AMENDED] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry 

‘‘Ruston Foundry, Alexandria, LA.’’ 

[FR Doc. 2010–11306 Filed 5–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket Nos. 07–294; 06–121; 02–277; 

04–228, MM Docket Nos. 01–235; 01–317; 

00–244; FCC 10–49] 

Promoting Diversification of 

Ownership in the Broadcasting 

Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction and 

correcting amendments. 

SUMMARY: The Federal Communications 

Commission published in the Federal 

Register of May 16, 2008 (73 FR 28361), 

a Report and Order concerning steps the 

Commission took to increase 

participation in the broadcasting 

industry by new entrants and small 

businesses, including minority- and 

women-owned business. This document 

corrects the Report and Order by 

substituting the word ‘‘ethnicity’’ for 

‘‘gender’’ in explaining the requirements 

for broadcasters to certify that their 

advertising contracts do not 

discriminate on the basis of race or 

ethnicity and that such contracts 

contain nondiscrimination clauses. In 

this document, the FCC also corrects the 

rules in 47 CFR 73.3555 and 73.5008 

published at 73 FR 28361, May 16, 

2008, related to steps the Commission 

took to increase participation in the 

broadcasting industry by eligible 

entities, including minority- and 

women-owned businesses. 

DATES: The amendments to 47 CFR 

73.3555 and 73.5008 in this rule are 

effective May 14, 2010, and Form 

303–S will become effective 30 days 

after the Commission publishes a 

document in the Federal Register 

announcing approval by the Office of 

Management and Budget. 

FOR FURTHER INFORMATION CONTACT: 

Amy Brett, (202) 418–2703. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Third 

Erratum, FCC 10–49, adopted March 29, 

2010 and released March 29, 2010. In 

FR Doc. E8–11039 the Federal 

Communications Commission 

published a Report and Order in the 

Federal Register of May 16, 2008 (73 FR 

28361) in FCC 07–217. 

On page 28364, in the first column, 

paragraph 11, the Commission 

inadvertently used the word ‘‘gender’’ 

instead of ‘‘ethnicity.’’ This document 

corrects that error and revises the 

language to read as follows: 

The Commission finds that discriminatory 

practices have no place in broadcasting and 

concludes that it is appropriate for the 

Commission to require broadcasters renewing 

their licenses to certify that their advertising 

contracts do not discriminate on the basis of 

race or ethnicity and that such contracts 

contain nondiscrimination clauses. 

Also, in this document the 

Commission amends Note 2(i) of 47 CFR 

73.3555 and 47 CFR 73.5008(c), 

published at 73 FR 28361, May 16, 

2008, so the rules accurately reflect the 

Commission’s intent. 

Need for Correction 

As published, the final regulations 

contain inadvertent errors which need 

to be corrected. 

List of Subjects in 47 CFR Part 73 

Radio, Television. 

Federal Communications Commission. 

Bulah Wheeler, 

Acting Associate Secretary. 

■ Accordingly, 47 CFR part 73 is 

corrected by making the following 

correcting amendments: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

■ 2. Revise paragraph i. of Note 2 to 

§ 73.3555, to read as follows: 

§ 73.3555 Multiple ownership. 

* * * * * 

i.1. Notwithstanding paragraphs e. 

and f. of this Note, the holder of an 

equity or debt interest or interests in a 

broadcast licensee, cable television 

system, daily newspaper, or other media 

outlet subject to the broadcast multiple 

ownership or cross-ownership rules 

(‘‘interest holder’’) shall have that 

interest attributed if: 

A. The equity (including all 

stockholdings, whether voting or 

nonvoting, common or preferred) and 

debt interest or interests, in the 

aggregate, exceed 33 percent of the total 

asset value, defined as the aggregate of 

all equity plus all debt, of that media 

outlet; and 

B.(i) The interest holder also holds an 

interest in a broadcast licensee, cable 

television system, newspaper, or other 

media outlet operating in the same 

market that is subject to the broadcast 

multiple ownership or cross-ownership 

rules and is attributable under 

paragraphs of this note other than this 

paragraph i.; or 

(ii) The interest holder supplies over 

fifteen percent of the total weekly 

broadcast programming hours of the 

station in which the interest is held. For 

purposes of applying this paragraph, the 

term, ‘‘market,’’ will be defined as it is 

defined under the specific multiple 

ownership rule or cross-ownership rule 

that is being applied, except that for 

television stations, the term ‘‘market,’’ 

will be defined by reference to the 

definition contained in the local 

television multiple ownership rule 

contained in paragraph (b) of this 

section. 

2. Notwithstanding paragraph i.1. of 

this Note, the interest holder may 

exceed the 33 percent threshold therein 

without triggering attribution where 

holding such interest would enable an 

eligible entity to acquire a broadcast 

station, provided that: 

i. The combined equity and debt of 

the interest holder in the eligible entity 

is less than 50 percent, or 

ii. The total debt of the interest holder 

in the eligible entity does not exceed 80 

percent of the asset value of the station 

being acquired by the eligible entity and 

the interest holder does not hold any 

equity interest, option, or promise to 

acquire an equity interest in the eligible 

entity or any related entity. For 

purposes of this paragraph i.2, an 

‘‘eligible entity’’ shall include any entity 

that qualifies as a small business under 

the Small Business Administration’s 

size standards for its industry grouping, 

as set forth in 13 CFR 121.201, at the 

time the transaction is approved by the 

FCC, and holds: 

A. 30 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet; or 


emcdonald on DSK2BSOYB1PROD with RULES
27200 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

B. 15 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet, provided that no other 

person or entity owns or controls more 

than 25 percent of the outstanding stock 

or partnership interests; or 

C. More than 50 percent of the voting 

power of the corporation that will own 

the media outlet if such corporation is 

a publicly traded company. 

* * * * * 

■ 3. Section 73.5008 is amended by 

revising paragraph (c) to read as follows: 

§ 73.5008 Definitions applicable for 

designated entity provisions. 

* * * * * 

(c)(1) An attributable interest in a 

winning bidder or in a medium of mass 

communications shall be determined in 

accordance with § 73.3555 and Note 2 to 

§ 73.3555. In addition, any interest held 

by an individual or entity with an 

equity and/or debt interest(s) in a 

winning bidder shall be attributed to 

that winning bidder for purposes of 

determining its eligibility for the new 

entrant bidding credit, if the equity 

(including all stockholdings, whether 

voting or nonvoting, common or 

preferred) and debt interest or interests, 

in the aggregate, exceed thirty-three (33) 

percent of the total asset value (defined 

as the aggregate of all equity plus all 

debt) of the winning bidder. 

(2) Notwithstanding paragraph (c)(1) 

of this section, where the winning 

bidder is an eligible entity, the 

combined equity and debt of the interest 

holder in the winning bidder may 

exceed the 33 percent threshold therein 

without triggering attribution, provided 

that: 

(i) The combined equity and debt of 

the interest holder in the winning 

bidder is less than 50 percent, or 

(ii) The total debt of the interest 

holder in the winning bidder does not 

exceed 80 percent of the asset value of 

the winning bidder and the interest 

holder does not hold any equity interest, 

option, or promise to acquire an equity 

interest in the winning bidder or any 

related entity. For purposes of 

paragraph (c)(2) of this section, an 

‘‘eligible entity’’ shall include any entity 

that qualifies as a small business under 

the Small Business Administration’s 

size standards for its industry grouping, 

as set forth in 13 CFR 121.201, at the 

time the transaction is approved by the 

FCC, and holds: 

(A) 30 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet; or 

(B) 15 percent or more of the stock or 

partnership interests and more than 50 

percent of the voting power of the 

corporation or partnership that will own 

the media outlet, provided that no other 

person or entity owns or controls more 

than 25 percent of the outstanding stock 

or partnership interests; or 

(C) More than 50 percent of the voting 

power of the corporation that will own 

the media outlet if such corporation is 

a publicly traded company. 

[FR Doc. 2010–11161 Filed 5–13–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

[WT Docket No. 10–62; FCC 10–38] 

Amateur Service Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document revises the 

Amateur Radio Service rules to make 

certain non-substantive revisions to 

these rules. The rules are necessary to 

amend the amateur service rules or 

conform them to prior Commission 

decisions. The effect of this action is to 

enhance the usefulness of the amateur 

service rules by making them conform 

with other Commission rules, thereby 

eliminating licensee confusion when 

applying the rules to amateur service 

operations. 

DATES: Effective July 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William T. Cross, Mobility Division, 

Wireless Telecommunications Bureau, 

at (202) 418–0680, or TTY (202) 418– 

7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order 

(Order), adopted March 11, 2010, and 

released March 16, 2010. The full text 

of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street, SW., 

Washington, DC 20554. The complete 

text may be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, D.C. 

20554. The full text may also be 

downloaded at: http://www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

e-mail to fcc504@fcc.gov or by calling 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

1. By this action, we are amending the 

amateur service rules to revise 47 CFR 

97.313(c) to limit Novice Class operators 

and Technician Plus Class operators to 

two hundred watts peak envelope 

power when these licensees are the 

control operator of a station transmitting 

in the segments of the 80, 40, 15, and 

10 meter bands in which they may 

control an amateur station. 

2. Also, by this action, we are also 

amending the amateur service rules to 

revise 47 CFR 97.301 and 97.303 related 

to the 40m, 60 m, 70 cm, and 9 cm 

bands to conform to the Table of 

Frequency Allocations in part 2 of our 

rules, and to references within the 

relevant sections of our rules. We also 

revise the frequency sharing 

requirements in 47 CFR 97.303 to limit 

the summary to those frequency bands 

that are allocated to the amateur service 

on a secondary basis, and to present the 

requirements more clearly. 

3. In addition, we move transmitter 

power limit information that applies to 

stations transmitting a spread spectrum 

emission from 47 CFR 97.303(s) to 47 

CFR 97.313, Transmitter power 

standards. Finally, we amend 47 CFR 

97.103(c) to delete the cross-reference to 

47 CFR 0.314(x), which was removed in 

1999; and we remove the entry ‘‘1260– 

1270 MHz’’ from 47 CFR 97.207(c), 

which lists the frequency bands 

authorized to amateur space stations, 

because footnote 5.282 to the Table 

limits the use of that segment to earth 

station transmissions. 

4. In the Order, we amend the 

amateur service rules to conform them 

to previous Commission decisions. The 

amended rules apply exclusively to 

individuals who are licensees in the 

Amateur Radio Service. Such 

amendments are in the public interest 

because they will clarify and conform 

the amateur service rules to other parts 

of the Commission’s rules and previous 

decisions. The rule changes do not 

result in any mandatory change in 

manufactured amateur radio equipment 

or have any impact on business entities 

because such entities are not eligible for 

licensing in the amateur service. 

Therefore, we certify that the rules 

reflected in this Order will not have a 

significant economic impact on a 

substantial number of small entities. 

5. The amended rules are set forth 

below, effective July 13, 2010. 

6. This Order and the rule 

amendments are issued under the 

authority contained in 47 U.S.C. 154(i) 

and (j), 303(r) and 403. 

7. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of this Order, including the Initial 


emcdonald on DSK2BSOYB1PROD with RULES