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 Federal  Communications  Commission  DA  04-  2256 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Retention  by  Broadcasters  of  Program  Recordings 
 )  ) 
 )  MB  Docket  No.  04-  232 


 ORDER 
 Adopted:  July  21,  2004  Released:  July  22,  2004 
 Comment  Date:  August  27,  2004  Reply  Comment  Date:  September  27,  2004 


 By  the  Deputy  Chief,  Media  Bureau: 
 1.  By  a  Notice  of  Proposed  Rulemaking  (“  NPRM”),  FCC  04-  145,  released  July  7,  2004,  the  Commission  initiated  a  proceeding  seeking  comment  regarding  the  retention  of  program  recordings  by 
 broadcasters  as  a  means  to  enhance  the  enforcement  of  the  statutory  prohibition  on  indecent  and  obscene  programming.  1  The  NPRM  called  for  comments  by  July  30,  2004,  and  reply  comments  by  August  30, 
 2004. 
 2.  The  Arizona  Broadcasters  Association  and  the  Kentucky  Broadcasters  Association  (filing  jointly  as  the  “Associations”)  have  requested  a  45  day  extension  of  both  dates.  The  Associations  state 


 that  they  need  added  time  to  compile  cost  estimates  pertaining  to  the  Commission’s  proposals  as  well  as  consider  other  potential  implications  associated  with  the  rulemaking.  2 


 3.  We  partially  grant  the  Associations’  request.  Due  to  a  delay  in  publishing  the  NPRM,  the  length  of  the  comment  period  is  now  less  than  was  originally  anticipated.  Accordingly,  an  extension  of 
 the  comment  period  is  warranted.  Rather  than  granting  the  full  extension  asked  for,  however,  we  believe  an  additional  four  weeks  for  both  comments  and  reply  comments  to  be  filed  should  provide  adequate  time 
 for  the  preparation  of  pleadings.  This  extension  will  result  in  a  more  comprehensive  factual  record,  especially  from  small  broadcasters  who  have  a  significant  stake  in  this  proceeding. 


 1  Retention  by  Broadcasters  of  Program  Recordings,  MB  Docket  No.  04-  232,  FCC  04-  145  (rel.  Jul.  7,  2004). 
 2  See  Motion  for  Extension  of  Time  filed  by  Associations,  dated  July  16,  2004.  Several  broadcast  groups,  including 
 Beasley,  Citadel,  Entercom,  and  Galaxy,  filed  a  statement  in  support  of  the  Associations’  Motion.  See  Broadcast  Licensee  Statement  in  Support  of  Motion  for  Extension  of  Comment  and  Reply  Comment  Dates,  filed  July  20,  2004. 
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 Federal  Communications  Commission  DA  04-  2256 
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 4.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Sections  4(  i),  4(  j)  and  5(  c)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j)  and  155(  c),  and  Sections  0.61, 
 0.283,  and  1.  46  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.61,  0.  283,  and  1.46,  the  Motion  for  Extension  of  Time  filed  by  the  Arizona  and  Kentucky  Broadcaster  Associations  is  GRANTED,  IN  PART.  The 
 date  for  filing  comments  in  MB  Docket  No.  04-  232  is  extended  until  August  27,  2004  and  the  date  for  reply  comments  is  extended  until  September  27,  2004. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 William  H.  Johnson  Deputy  Chief,  Media  Bureau 
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