Federal Communications Commission DA 07-4107 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of 2006 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 2002 Biennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 Cross-Ownership of Broadcast Stations and Newspapers Rules and Policies Concerning Multiple Ownership of Radio Broadcast Stations in Local Markets Definition of Radio Markets Ways to Further Section 257 Mandate and To Build on Earlier Studies ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 06-121 MB Docket No. 02-277 MM Docket No. 01-235 MM Docket No. 01-317 MM Docket No. 00-244 MB Docket No. 04-228 ORDER Adopted: October 12, 2007 Released: October 12, 2007 By the Chief, Media Bureau: 1. On July 24, 2006, the Commission released a Further Notice of Proposed Rulemaking initiating the 2006 quadrennial review of its media ownership rules,1 as required by Section 202 of the Telecommunications Act of 1996, as amended.2 On August 1, 2007, the Commission released a Second 1 2006 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, 21 FCC Rcd 8834 (2006) (“Further Notice”). 2 Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, § 202 (1996); Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, § 629, 118 Stat. 3 (2004) (amending Sections 202(c) and 202(h) of the 1996 Act). Federal Communications Commission DA 07-4107 2 Further Notice of Proposed Rulemaking (“SFNPRM”) seeking comment on proposals to foster minority and female media ownership submitted by the Diversity and Competition Supporters (“DCS”) and by the Advisory Committee on Diversity for Communications in the Digital Age.3 Comments were due on October 1, 2007. The deadline to file reply comments is October 16, 2007. 2. On October 5, 2007, DCS filed a Motion to extend the reply comment deadline to November 21, 2007.4 DCS asks the Commission to extend the deadline for the benefit of other parties, based on DCS’s understanding that “several interested parties, particularly broadcast companies,” would like additional time to review DCS’s Initial Comments.5 DCS states that these potential commenters may have difficulty in meeting the current deadline.6 DCS also claims that it needs additional time to address comments related to its proposals.7 On October 9, the National Association of Broadcasters also filed a Motion for Extension of Time, supporting DCS’s extension Motion.8 3. As set forth in Section 1.46(a) of the Commission’s rules, it is our policy that extensions of time are not routinely granted.9 The Commission has granted extensions of time upon a showing of exceptional circumstances or good cause.10 We do not believe that a sufficient showing has been made in this instance. In deciding whether to grant an extension of time to file comments, we must balance the public interest in a complete record upon which to base Commission decisions with concerns that the Commission avoid administrative delay.11 After balancing these interests here, we conclude that the public interest would not be served by granting the extension. As we noted in the SFNPRM, we initially invited comment on these very same minority proposals in the Further Notice in this proceeding, released July 24, 2006, with comment and reply comment dates extended to October 23, 2006 and December 21, 3 2006 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Ways to Further Section 257 Mandate and To Build on Earlier Studies, 22 FCC Rcd 4215 (2007). 4 Motion for Extension of Time, filed by the Diversity and Competition Supporters, MB Docket No. 06-121 (filed Oct. 5, 2007) at 1 (“Extension Request”). 5 Id. at 2. 6 Id. 7 Id. at 3. 8 Motion for Extension of Time, filed by the National Association of Broadcasters, MB Docket No. 06-121 (filed Oct. 9, 2007). 9 47 C.F.R. § 1.46(a). 10 Competition, Rate Deregulation and the Commission’s Policies Relating to the Provision of Cable Television Service, 5 FCC Rcd 2095 (MMB 1990). 11 2002 Biennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, 17 FCC Rcd 26152 (Med. Bur. 2002) (“2002 Biennial Extension Order”); 2006 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, 21 FCC Rcd 14460 (Med. Bur. 2006) (“2006 Quadrennial Extension Order”). Federal Communications Commission DA 07-4107 3 2006, respectively.12 Thereafter, in the SFNPRM, which was released on August 1, 2007, we afforded parties a comment period of two months. Altogether, any interested parties have had over one year to consider such proposals. Accordingly, we believe that we have provided interested parties ample time to become apprised of the proposals in this proceeding and determine whether they wish to file comments with respect to them. We also note that, while DCS bases its request in part on the fact that comments on the media ownership studies in this proceeding are due the same day, that comment period had already previously been extended.13 Accordingly, we conclude that the public interest would not be served by further delay.14 4. Accordingly, IT IS ORDERED that the Motions for Extension of Time filed by Diversity and Competition Supporters and by the National Association of Broadcasters are DENIED. 5. This action is taken pursuant to delegated authority under Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, and Sections 0.204 and 0.283 of the Commission’s Rules, 47 C.F.R. §§ 0.204, 0.283. FEDERAL COMMUNICATIONS COMMISSION Monica Shah Desai Chief, Media Bureau 12 See 2006 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, Order granting extension, 21 FCC Rcd 10496 (Med. Bur. 2006). 13 Recently, the Commission extended the comment and reply comment deadlines in this proceeding to October 22, 2007 and November 1, 2007 respectively in order to give parties additional time to comment on the Commission’s ten media ownership studies. That extension should afford relief to parties who plan to file reply comments in response to the SFNPRM, as well as comments and/or reply comments in response to the commissioned studies. See Media Bureau Extends Deadlines for Comments on Media Ownership Studies, MB Docket No. 06-121, DA 07-4097, Public Notice (rel. Sep. 28, 2007). 14 See 2002 Biennial Extension Order, 17 FCC Rcd at 26153; 2006 Quadrennial Extension Order, 21 FCC Rcd at 11461-62.