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50380 Federal Register / Vol. 71, No.

165 / Friday, August 25, 2006 / Proposed Rules

information on the rulemaking process, Thus, the comments provided by programming. The Commission
see the SUPPLEMENTARY INFORMATION designated entities will be a vital part of inadvertently omitted the Initial
section of the Second Further Notice of the record. Designated entities include Regulatory Flexibility Analysis, which
Proposed Rule Making in WT Docket small businesses, some of whom have was part of the item adopted by the
No. 05–211, 71 FR 35594, June 21, 2006. just finished preparing and filing Commission, in the Federal Register
FOR FURTHER INFORMATION CONTACT: applications to participate in Auction publication. This document corrects the
Brian Carter, Auctions and Spectrum No. 66 and arranging financing for the Federal Register as it appeared.
Access Division, Wireless necessary upfront payments. The DATES: Comments on the Initial
Telecommunications Bureau at (202) Commission believes that providing Regulatory Flexibility Analysis only are
418–0660. additional time will facilitate comments due September 1, 2006. Reply
SUPPLEMENTARY INFORMATION: This is a in response to the Second Further comments are due September 8, 2006.
summary of the Commission’s Order, Notice of Proposed Rule Making by ADDRESSES: You may submit comments,
DA 06–1617, released on August 10, designated entities participating in identified by MM Docket No. 00–167, by
2006. The complete text of the Order is Auction No. 66. The Commission also any of the following methods:
available for public inspection and finds that providing limited additional b Federal eRulemaking Portal: http://
copying from 8 a.m. to 4:30 p.m. time will not unduly delay resolution of www.regulations.gov. Follow the
Monday through Thursday or from 8 the proceeding. Accordingly, the instructions for submitting comments.
a.m. to 11:30 a.m. on Friday at the FCC Commission extends the deadlines for b Federal Communications
Reference Information Center, Portals II, filing comments and reply comments in Commission’s Web site: http://
445 12th Street, SW., Room CY–A257, response to the Second Further Notice www.fcc.gov/cgb/ecfs/. Follow the
Washington, DC 20554. The Order and of Proposed Rule Making until instructions for submitting comments.
related Commission documents may September 20, 2006 and October 20, b E-mail: ecfs@fcc.gov. Include the
also be purchased from the 2006, respectively. following words in the body of the
3. Accordingly, it is ordered that, message, ‘‘get form.’’ A sample form and
Commission’s duplicating contractor,
pursuant to sections 4(i) and 4(j) of the directions will be sent in response.
Best Copy and Printing, Inc. (BCPI),
Communications Act of 1934, as b Mail: Commercial overnight mail
Portals II, 445 12th Street, SW., Room
amended, 47 U.S.C. 154(i) and 154(j), (other than U.S. Postal Service Express
CY–B402, Washington, DC 20554,
and sections 0.131, 0.331, and 1.46 of Mail and Priority Mail) must be sent to
telephone 202–488–5300, facsimile
the Commission’s rules, 47 CFR 0.131, 9300 East Hampton Drive, Capitol
202–488–5563, or you may contact BCPI
0.331, and 1.46, the deadline for filing Heights, MD 20743. U.S. Postal Service
at its Web site: http://
comments in response to the Second first-class, Express, and Priority mail
www.BCPIWEB.com. When ordering
Further Notice of Proposed Rule Making should be addressed to 445 12th Street,
documents from BCPI please provide is extended to September 20, 2006, and
the appropriate FCC document number, SW., Washington, DC 20554.
the deadline for filing reply comments b People with Disabilities: Contact
for example, DA 06–1617. The Order is extended to October 20, 2006.
and related documents are also available the FCC to request reasonable
on the Internet at the Commission’s Web Federal Communications Commission. accommodations (accessible format
site: http://wireless.fcc.gov/auctions. Margaret Wiener, documents, sign language interpreters,
1. On July 25, 2006, a motion was Chief, Auction Spectrum and Access Division, CART, etc.) by e-mail: FCC504@fcc.gov
filed with the Commission requesting an WTB. or phone: 202–418–0530 or TTY: 202–
extension of time for submitting [FR Doc. E6–14161 Filed 8–24–06; 8:45 am] 418–0432.
comments and reply comments in BILLING CODE 6712–01–P For detailed instructions for
response to the Second Further Notice submitting comments and additional
of Proposed Rule Making in WT Docket information on the rulemaking process,
No. 05–211, 71 FR 35594, June 21, 2006. FEDERAL COMMUNICATIONS see the SUPPLEMENTARY INFORMATION
The Second Further Notice of Proposed COMMISSION section of this document.
Rule Making seeks public comment on FOR FURTHER INFORMATION CONTACT: Kim
47 CFR Parts 73 and 76 Matthews, Policy Division, Media
a variety of measures to ensure that the
recipients of designated entity benefits [FCC 06–33] Bureau, Federal Communications
are limited to those entities and for Commission, (202) 418–2154.
those purposes Congress intended. Second Further Notice of Proposed SUPPLEMENTARY INFORMATION: Following
Interested parties previously had until Rule Making, In the Matter of is the Initial Regulatory Flexibility Act
August 21, 2006, for filing comments Children’s Television Obligations of analysis to be associated with the
and September 19, 2006, for filing reply Digital Television Broadcasters document proposing to amend parts 73
comments. AGENCY: Federal Communications and 76 of the Commission’s rules that
2. It is the general policy of the Commission. was published in the Federal Register
Commission that extensions of time ACTION: Proposed rule; correction. on March 27, 2006 (71 FR 15145).
shall not be routinely granted. Initial Regulatory Flexibility Analysis.
Nevertheless, the Commission finds that SUMMARY: On March 27, 2006 (71 FR As required by the Regulatory
in this instance a limited extension of 15145), the Commission published Flexibility Act of 1980, as amended (the
time will facilitate the development of proposed rules in the Second Further ‘‘RFA’’), the Commission has prepared
a complete record in response to the Notice which sought public comment this Initial Regulatory Flexibility
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Second Further Notice of Proposed Rule on a joint proposal filed by several Analysis (‘‘IRFA’’) of the possible
Making. The Second Further Notice of broadcast and programming entities and significant economic impact of the
Proposed Rule Making seeks public children’s television advocates policies and rules proposed in the
comment on how to ensure that the proposing revisions to previously Second Further Notice of Proposed Rule
recipients of designated entity benefits adopted requirements of television Making (‘‘Notice’’) on a substantial
are limited to those entities and for licensees and cable operators with number of small entities. Written public
those purposes Congress intended. respect to children’s television comments are requested on this IRFA

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Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Proposed Rules 50381

only. Comments must be identified as of, and where feasible, an estimate of they apply may be over-inclusive to this
responses to the IRFA and must be filed the number of small entities that may be extent.
by the deadlines for comments affected by the proposed rules, if Cable and Other Program
indicated on the first page of this adopted. The RFA generally defines the Distribution. The SBA has developed a
document. The Commission has sent a term ‘‘small entity’’ as having the same small business size standard for cable
copy of the Notice, including this IRFA, meaning as the terms ‘‘small business,’’ and other program distribution services,
to the Chief Counsel for Advocacy of the ‘‘small organization,’’ and ‘‘small which includes all such companies
Small Business Administration governmental jurisdiction.’’ In addition, generating $12.5 million or less in
(‘‘SBA’’). In addition, the Notice has the term ‘‘small business’’ has the same revenue annually. This category
been published in the Federal Register. meaning as the term ‘‘small business includes, among others, cable systems
Need for, and Objectives of, the concern’’ under the Small Business Act. operators, closed circuit television
Proposed Rules. Our goal in A ‘‘small business concern’’ is one services, direct broadcast satellite
commencing this proceeding is to which: (1) Is independently owned and services, multipoint distribution
determine whether, and to what extent, systems, satellite master antenna
operated; (2) is not dominant in its field
the Commission should adopt proposed systems, subscription television services
of operation; and (3) satisfies any
recommendations for modification of and open video systems. According to
additional criteria established by the
rules previously adopted by the Census Bureau data for 1997, there were
Commission in the above-captioned Small Business Administration 1,311 firms in this category, total, that
proceeding. On September 9, 2004, the (‘‘SBA’’). had operated for the entire year. Of this
Commission adopted a Report and Television Broadcasting. The total, 1,180 firms had annual receipts of
Order and Further Notice of Proposed proposed rules and policies apply to under $10 million and an additional 52
Rule Making, 70 FR 25 (January 3, 2005) television broadcast licensees, and firms had receipts of $10 million or
(‘‘Order’’) in this proceeding. The rules potential licensees of television service. more but less than $25 million.
in the Order pertain to the obligation of The SBA defines a television broadcast Consequently, the Commission
television licensees to provide station as a small business if such estimates that the majority of providers
educational programming for children station has no more than $12 million in in this service category are small
and the requirement that television annual receipts. Business concerns businesses that may be affected by the
licensees protect children from included in this industry are those rules and policies adopted herein.
excessive and inappropriate commercial ‘‘primarily engaged in broadcasting Cable System Operators (Rate
messages. Among other things, the images together with sound.’’ According Regulation Standard). The Commission
Order adopted rules regarding the use of to Commission staff review of the BIA has developed its own small business
Web site addresses during children’s Publications, Inc. Master Access size standard for cable system operators,
programming, revised the definition of Television Analyzer Database (BIA) on for purposes of rate regulation. Under
commercial matter, placed a limit on the October 18, 2005, about 873 of the 1,307 the Commission’s rules, a ‘‘small cable
number of preemptions of core commercial television stations (or about company’’ is one serving fewer than
children’s programming, and created 67 percent) have revenues of $12 400,000 subscribers nationwide. The
children’s programming requirements million or less and thus qualify as small most recent estimates indicate that there
for those multicasting free video entities under the SBA definition. We were 1,439 cable operators who
programming streams. In this note, however, that in assessing whether qualified as small cable system
proceeding, we will evaluate proposed operators at the end of 1995. Since then,
a business concern qualifies as small
modifications to these rules as some of those companies may have
under the above definition, business
presented in a Joint Proposal filed by grown to serve over 400,000 subscribers,
(control) affiliations must be included.
representatives of broadcast and cable and others may have been involved in
Our estimate, therefore, likely overstates
industries and public interest groups transactions that caused them to be
the number of small entities that might
interested in children’s television. First, combined with other cable operators.
be affected by our action, because the Consequently, the Commission
the Joint Proposal suggests
revenue figure on which it is based does estimates that there are now fewer than
modifications pertaining to the display
not include or aggregate revenues from 1,439 small entity cable system
of Web sites during core children’s
affiliated companies. In addition, an operators that may be affected by the
programming. Second, the Joint
Proposal recommends further revisions element of the definition of ‘‘small rules and policies adopted herein.
to the definition of commercial matter. business’’ is that the entity not be Cable System Operators (Telecom Act
Third, the Joint Proposal suggests that dominant in its field of operation. We Standard). The Communications Act of
the Commission lift its numerical limits are unable at this time to define or 1934, as amended, also contains a size
on children’s programming quantify the criteria that would standard for small cable system
preemptions. Finally, the Joint Proposal establish whether a specific television operators, which is ‘‘a cable operator
recommends clarifications to the station is dominant in its field of that, directly or through an affiliate,
children’s programming requirements operation. Accordingly, the estimate of serves in the aggregate fewer than 1
for those multicasting free video small businesses to which rules may percent of all subscribers in the United
programming streams. apply do not exclude any television States and is not affiliated with any
Legal Basis. The authority for the station from the definition of a small entity or entities whose gross annual
action proposed in this rulemaking is business on this basis and are therefore revenues in the aggregate exceed
contained in Sections 4(i) & (j), 303, 307, over-inclusive to that extent. Also as $250,000,000.’’ The Commission has
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309 and 336 of the Communications Act noted, an additional element of the determined that there are 67,700,000
of 1934 as amended, 47 U.S.C. 154(i) & definition of ‘‘small business’’ is that the subscribers in the United States.
(j), 303, 307, 309 and 336. entity must be independently owned Therefore, an operator serving fewer
Description and Estimate of the and operated. We note that it is difficult than 677,000 subscribers shall be
Number of Small Entities to Which the at times to assess these criteria in the deemed a small operator, if its annual
Proposed Rules Will Apply. The RFA context of media entities and our revenues, when combined with the total
directs agencies to provide a description estimates of small businesses to which annual revenues of all its affiliates, do

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50382 Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Proposed Rules

not exceed $250 million in the for such small entities.’’ The proposals comments. Paper Filers: Parties who
aggregate. Based on available data, the in the Notice, as discussed in Section A, choose to file by paper must file an
Commission estimates that the number would apply equally to large and small original and four copies of each filing.
of cable operators serving 677,000 entities and may diminish the economic If more than one docket or rulemaking
subscribers or fewer, totals 1,450. The impact of the regulations on all entities. number appears in the caption of this
Commission neither requests nor For example, the change proposing that proceeding, filers must submit two
collects information on whether cable the Commission lift its numerical limits additional copies for each additional
system operators are affiliated with on children’s programming preemptions docket or rulemaking number. Filings
entities whose gross annual revenues would, if adopted, provide programmers can be sent by hand or messenger
exceed $250 million, and therefore is greater flexibility in the scheduling of delivery, by commercial overnight
unable, at this time, to estimate more children’s programming. In addition, courier, or by first-class or overnight
accurately the number of cable system the proposed modifications pertaining U.S. Postal Service mail (although we
operators that would qualify as small to the display of websites during core continue to experience delays in
cable operators under the size standard children’s programming would, if receiving U.S. Postal Service mail). All
contained in the Communications Act of adopted, provide greater flexibility in filings must be addressed to the
1934. the regulations pertaining to commercial Commission’s Secretary, Office of the
Description of Projected Reporting, matter. We welcome comment on Secretary, Federal Communications
Recordkeeping and Other Compliance modifications of the proposals if such Commission. The Commission’s
Requirements. While the Joint Proposal modifications might assist small entities contractor will receive hand-delivered
proposes certain changes to the and especially if such are based on or messenger-delivered paper filings for
reporting requirements, we do not evidence of potential differential impact the Commission’s Secretary at 236
expect these changes to impose of the regulations. Specifically, we Massachusetts Avenue, NE., Suite 110,
significant additional reporting or welcome comment as to whether or not Washington, DC 20002. The filing hours
recordkeeping requirements. We expect small entities would like the at this location are 8 a.m. to 7 p.m. All
the requirements to be the same for large Commission to adopt the provisions of hand deliveries must be held together
and small entities. We seek comment on the Joint Proposal, adopt different with rubber bands or fasteners. Any
whether others perceive a need for less modifications to the rules, or enforce the envelopes must be disposed of before
extensive recordkeeping or compliance existing rules. entering the building. Commercial
requirements for small entities. Federal Rules that May Duplicate, overnight mail (other than U.S. Postal
Steps Taken to Minimize Significant Overlap, or Conflict With the Service Express Mail and Priority Mail)
Economic Impact on Small Entities and Commission’s Proposals. None. must be sent to 9300 East Hampton
Significant Alternatives Considered. The Comment Information. Pursuant to Drive, Capitol Heights, MD 20743. U.S.
RFA requires an agency to describe any §§ 1.415 and 1.419 of the Commission’s Postal Service first-class, Express, and
significant, specifically small business, rules, 47 CFR 1.415, 1.419, interested Priority mail should be addressed to 445
alternatives that it has considered in parties may file comments and reply 12th Street, SW., Washington, DC
reaching its proposed approach, which comments on or before the dates 20554. People with Disabilities: To
may include the following four indicated on the first page of this request materials in accessible formats
alternatives (among others): ‘‘(1) The document. Comments may be filed for people with disabilities (braille,
establishment of differing compliance or using: (1) The Commission’s Electronic large print, electronic files, audio
reporting requirements or timetables Comment Filing System (ECFS), (2) the format), send an e-mail to
that take into account the resources Federal Government’s eRulemaking fcc504@fcc.gov or call the Consumer &
available to small entities; (2) the Portal, or (3) by filing paper copies. Governmental Affairs Bureau at 202–
clarification, consolidation, or Electronic Filers: Comments may be 418–0530 (voice), 202–418–0432 (tty).
simplification of compliance and filed electronically using the Internet by
Federal Communications Commission.
reporting requirements under the rule accessing the ECFS: http://www.fcc.gov/
for such small entities; (3) the use of cgb/ecfs/ or the Federal eRulemaking Marlene H. Dortch,
performance rather than design Portal: http://www.regulations.gov. Secretary.
standards; and (4) an exemption from Filers should follow the instructions [FR Doc. E6–14157 Filed 8–24–06; 8:45 am]
coverage of the rule, or any part thereof, provided on the Web site for submitting BILLING CODE 6712–01–P
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