Rule2022-05447
Sponsorship Identification Requirements for Foreign Government-Provided Programming
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 15, 2022
Effective
March 15, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved two information collections associated with rules governing sponsorship identification requirements for foreign government-provided programming in the 2021 Report and Order, FCC 21-42, in MB Docket No. 20-299. The Commission also announces that compliance with the rules is now required. It removes a paragraph in the adopted rules advising that compliance was not required until OMB approval was obtained. This document is consistent with the 2021 Report and Order, which states the Commission will publish a document in the Federal Register announcing a compliance date for the rule sections and revise the rules accordingly.
Full Text
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<title>Federal Register, Volume 87 Issue 50 (Tuesday, March 15, 2022)</title>
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[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Rules and Regulations]
[Pages 14404-14406]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05447]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 20-299, FCC 21-42; FR ID 76403]
Sponsorship Identification Requirements for Foreign Government-
Provided Programming
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
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SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved two information collections
associated with rules governing sponsorship identification requirements
for foreign government-provided programming in the 2021 Report and
Order, FCC 21-42, in MB Docket No. 20-299. The Commission also
announces that compliance with the rules is now required. It removes a
paragraph in the adopted rules advising that compliance was not
required until OMB approval was obtained. This document is consistent
with the 2021 Report and Order, which states the Commission will
publish a document in the Federal Register announcing a compliance date
for the rule sections and revise the rules accordingly.
DATES: Effective March 15, 2022.
[[Page 14405]]
Compliance with 47 CFR 73.1212(j) and (k), published at 86 FR 32221
on June 17, 2021, is required as of March 15, 2022.
FOR FURTHER INFORMATION CONTACT: Radhika Karmarkar of the Media Bureau,
Industry Analysis Division, at (202) 418-1523 or
<a href="/cdn-cgi/l/email-protection#a6f4c7c2cecfcdc788edc7d4cbc7d4cdc7d4e6c0c5c588c1c9d0"><span class="__cf_email__" data-cfemail="fba99a9f9392909ad5b09a89969a89909a89bb9d9898d59c948d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document announces that OMB approved
the two information collection requirements in Sec. Sec. 73.1212(j)
and (k), 73.3526(e)(19), and 73.3527(e)(15) on March 7, 2022. This
document also removes section 73.1212(l) of the Commission's rules,
which advised that compliance with 73.1212(j) and (k) was not required
until OMB approval was obtained.
The Commission publishes this document as an announcement of the
compliance date of the rules. If you have any comments on the burden
estimates listed below, or how the Commission can improve the
collections and reduce any burdens caused thereby, please contact Cathy
Williams, Federal Communications Commission, Room 3.317, 45 L Street
NE, Washington, DC 20554, regarding OMB Control Numbers 3060-0174 and
3060-0214. Please include the applicable OMB Control Number in your
correspondence. The Commission will also accept your comments via email
at <a href="/cdn-cgi/l/email-protection#8ededccfcee8ededa0e9e1f8"><span class="__cf_email__" data-cfemail="85d5d7c4c5e3e6e6abe2eaf3">[email protected]</span></a>.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#83e5e0e0b6b3b7c3e5e0e0ade4ecf5"><span class="__cf_email__" data-cfemail="f2949191c7c2c6b2949191dc959d84">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received final OMB
approval on March 7, 2022, for the information collection requirements
contained in Sec. Sec. 73.1212(j) and (k), 73.3526(e)(19), and
73.3527(e)(15). Under 5 CFR part 1320, an agency may not conduct or
sponsor a collection of information unless it displays a current, valid
OMB Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0174.
OMB Approval Date: March 7, 2022.
OMB Expiration Date: March 31, 2025.
Title: Sections 73.1212, 76.1615, and 76.1715, Sponsorship
Identification.
Form Number: N/A.
Respondents: Business or other for profit entities; Individuals or
households.
Number of Respondents and Responses: 22,900 respondents; 1,886,524
responses.
Estimated Time per Response: .0011 to .2011 hours.
Frequency of Response: Recordkeeping requirement, Third party
disclosure requirement, On occasion reporting requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection is contained in sections 4(i),
317 and 507 of the Communications Act of 1934, as amended.
Total Annual Burden: 258,567 hours.
Total Annual Cost: $449,373.
Needs and Uses: The information collection requirements that are
approved under this collection are as follows:
47 CFR 73.1212 requires a broadcast station to identify at the time
of broadcast the sponsor of any matter for which consideration is
provided. For advertising commercial products or services, generally
the mention of the name of the product or service constitutes
sponsorship identification. In the case of television political
advertisements concerning candidates for public office, the sponsor
shall be identified with letters equal to or greater than four (4)
percent of the vertical height of the television screen that airs for
no less than four (4) seconds. In addition, when an entity rather than
an individual sponsors the broadcast of matter that is of a political
or controversial nature, licensee is required to retain a list of the
executive officers, or board of directors, or executive committee,
etc., of the organization paying for such matter. Sponsorship
announcements are waived with respect to the broadcast of ``want ads''
sponsored by an individual but the licensee shall maintain a list
showing the name, address and telephone number of each such advertiser.
These lists shall be made available for public inspection.
47 CFR 73.1212(e) states that, when an entity rather than an
individual sponsors the broadcast of matter that is of a political or
controversial nature, the licensee is required to retain a list of the
executive officers, or board of directors, or executive committee,
etc., of the organization paying for such matter in its public file.
Pursuant to the changes contained in 47 CFR 73.1212(e) and 47 CFR
73.3526(e)(19), this list, which could contain personally identifiable
information, would be located in a public inspection file to be located
on the Commission's website instead of being maintained in the public
file at the station.
Burden estimates for this change are included in OMB Control Number
3060-0214.
47 CFR 76.1615 states that, when a cable operator engaged in
origination cablecasting presents any matter for which money, service
or other valuable consideration is provided to such cable television
system operator, the cable television system operator, at the time of
the telecast, shall identify the sponsor. Under this rule section, when
advertising commercial products or services, an announcement stating
the sponsor's corporate or trade name, or the name of the sponsor's
product is sufficient when it is clear that the mention of the name of
the product constitutes a sponsorship identification. In the case of
television political advertisements concerning candidates for public
office, the sponsor shall be identified with letters equal to or
greater than four (4) percent of the vertical height of the television
screen that airs for no less than four (4) seconds.
47 CFR 76.1715 state that, with respect to sponsorship
announcements that are waived when the broadcast/origination cablecast
of ``want ads'' sponsored by an individual, the licensee/operator shall
maintain a list showing the name, address and telephone number of each
such advertiser. These lists shall be made available for public
inspection.
This information collection was revised to reflect the burden
associated with the foreign sponsorship identification disclosure
requirements adopted in the Sponsorship Identification Requirements for
Foreign Government-Provided Programming (86 FR 32221, June 17, 2021,
FCC 21-42, rel. Apr. 22, 2021). The collection requires broadcast
television and radio stations, as well as 325(c) permit holders, to
make a specific disclosure at the time of broadcast if material aired
pursuant to the lease of time on the station has been sponsored, paid
for, or furnished by a foreign governmental entity that indicates the
specific entity and country involved. Licensees of each broadcast
station and 325(c) permit
[[Page 14406]]
holders also are required to exercise reasonable diligence to ascertain
whether the foreign sponsorship disclosure requirements apply at the
time of the lease agreement and at any renewal thereof.
This information collection requirements will provide the
Commission and the public with increased transparency and will ensure
that audiences of broadcast stations are aware when a foreign
government, or its representatives, are seeking to persuade the
American public. The information collection requirements will also
enable interested parties to monitor the extent of such efforts to
persuade the American public.
OMB Control Number: 3060-0214.
OMB Approval Date: March 7, 2022.
OMB Expiration Date: March 31, 2025.
Title: Sections 73.3526 and 73.3527, Local Public Inspection Files;
Sections 73.1212, 76.1701 and 73.1943, Political Files.
Form Number: N/A.
Respondents: Business or other for profit entities; Not for profit
institutions; State, Local or Tribal government; Individuals or
households.
Number of Respondents: 23,996 respondents; 66,839 responses.
Estimated Time per Response: 1-52 hours.
Frequency of Response: On occasion reporting requirement,
Recordkeeping requirement, Third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority that covers this information collection is
contained in Sections 151, 152, 154(i), 303, 307 and 308 of the
Communications Act of 1934, as amended.
Total Annual Burden: 2,047,805 hours.
Total Annual Cost: No cost.
Needs and Uses: The information collection requirements included
under this OMB Control Number 3060-0214, requires broadcast stations to
maintain for public inspection a file containing the material set forth
in 47 CFR 73.3526 and 73.3527.
This collection was revised to reflect the burden associated with
the foreign sponsorship identification disclosure requirements adopted
in the Sponsorship Identification Requirements for Foreign Government-
Provided Programming (86 FR 32221, June 17, 2021, FCC 21-42, rel. Apr.
22, 2021). The collection requires broadcast television and radio
stations to place copies of foreign sponsorship identification
disclosures required by 47 CFR 73.1212(j) and the name of the program
to which the disclosures were appended in its online public inspection
file on a quarterly basis in a standalone folder marked as ``Foreign
Government-Provided Programming Disclosures.'' The collection requires
325(c) permit holders to place copies of foreign sponsorship
identification disclosures required by 47 CFR 73.1212(j) and the name
of the program to which the disclosures were appended in its
International Bureau Filing System record on a quarterly basis. The
filing must state the date and time the program aired. In the case of
repeat airings of the program, those additional dates and times should
also be included. Where an aural announcement was made, its contents
must be reduced to writing and placed in the online public inspection
file in the same manner.
This information collection requirement will provide the Commission
and the public with increased transparency and will ensure that
audiences of broadcast stations are aware when a foreign government, or
its representatives, are seeking to persuade the American public. The
information collection requirements will also enable interested parties
to monitor the extent of such efforts to persuade the American public.
Lists of Subjects in 47 CFR Part 73
Radio, Reporting and recordkeeping requirements, Television.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 as follows.
PART 73--RADIO BROADCAST SERVICE
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
Sec. 73.1212 [Amended]
0
2. Amend Sec. 73.1212 by removing paragraph (l).
[FR Doc. 2022-05447 Filed 3-14-22; 8:45 am]
BILLING CODE 6712-01-P
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