In a Report and Order released by last month, the FCC made significant changes to its ownership data collection process for commercial broadcasters. The FCC will now require full-power stations operated by individuals or by partnerships between “natural persons” to file ownership reports. Also, operators of low-power television (LPTV) and Class A television stations must also file ownership reports. The FCC is expanding the ownership report requirements in large part to improve its data regarding minority and female ownership of broadcast properties.
Additionally, while the Order does not alter the FCC’s ownership attribution rules, it does broaden the scope of reportable interests to include some interests that are not attributable under current rules, including minority interests in a corporation with a single majority shareholder and interests in an eligible entity that would otherwise be attributable but for the operation of the higher equity/debt plus attribution threshold applicable to financial interests in eligible entities.
Petition for Reconsideration of this Report and Order are due no later than June 26, 2009.
Attached to the Report and Order, the FCC also issued a Fourth Further Notice of Proposed Rulemaking in which it proposes changing the way it collects information from noncommercial broadcasters. The FCC will consider how form 323-E, filed by non-commercial broadcasters, should be altered to include gender and minority ownership data. The FCC seeks comment on how to define “ownership” in the context of non-commercial broadcasters. The FCC is concerned that the complexity of the ownership structure of these broadcasters will frustrate their goal to obtain accurate and meaningful empirical ownership data. The FCC will also consider whether low-power FM broadcasters, currently exempt from ownership data gathering, should have to file the modified 323-E form.
The deadline for filing comments in response to the Fourth Further Notice of Proposed Rulemaking is also June 26, 2009.
Both the Report and Order and Further Notice of Proposed Rulemaking can be found here.
