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Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations
contained in existing sponsorship identification rules and allowing broadcasters to satisfy the new foreign sponsorship identification requirements by simply passing through existing FARA programming labels if they also disclose the country involved with provision of the programming and comport with the size and frequency requirements contained in the R&O.
Similarly, in response to comments from broadcasters, including small broadcasters, to the extent possible, the Commission matches obligations to place and update disclosures in station OPIFs to other broadcaster OPIF
obligations. Broadcasters have indicated that implementing such changes would mean the burden on broadcasters would be considerably less and more appropriate.
104. The NPRM sought comment on the benefits and costs associated with adopting foreign government-provided programming sponsorship identification rules and requested specific data and analysis in support of any claimed costs and benefits. No commenters provided quantified calculations of the benefits or costs of the proposed rules. Thus, the R&O finds that by narrowing the scope of the programming for which foreign governmental entity sponsorship is required and minimizing compliance burdens as described in the preceding paragraphs, the costs for broadcasters, including small broadcasters, associated with the rules are reduced significantly from the initial proposal. Research reviewed by Commission staff also suggests that there are measurable benefits to sponsorship identification disclosures. Therefore, the R&O finds that the costs, including the costs for small businesses, associated with adopting the rules, as modified by the R&O, do not outweigh the substantial public benefits associated with transparency regarding the source of programming heard or viewed by the American public.
105. Report to Congress. The Commission will send a copy of this R&O, including this FRFA, in a report to Congress and the Government Accountability Office pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996. In addition, the Commission will send a copy of the R&O, including the FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the R&O and FRFA or summaries thereof will also be published in the Federal Register.
106. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rule. The R&O contains requirements that may somewhat
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rules for labelling of broadcast programming provided by an agent of a foreign principal, as that term is defined in the Foreign Agents Registration Act.
107. Ordering Clauses. Accordingly, it is ordered that, pursuant to the authority found in sections 1, 2, 4i, 4j, 303r, 317, 325c, 403, and 507 of the Communications Act, 47 U.S.C. 151, 152, 154i, 154j, 303r, 317, 325c, 403, and 508 this Report and Order is adopted and shall be effective 30 days after publication in the Federal Register.
108. It is further ordered that part 73
of the Commissions rules is amended as set forth in the Final Rules. The rule changes to 73.1212 adopted herein contain new or modified information collection requirements subject to OMB
review under the Paperwork Reduction Act. The Commission directs the Media Bureau to announce the effective date for those information collections in a document published in the Federal Register after the completion of OMB
review and directs the Media Bureau to cause 73.1212 to be revised accordingly.
109. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
110. It is further ordered that the Commission shall send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C.
801a1A.
List of Subjects in 47 CFR Part 73
Radio, Reporting and recordkeeping requirements, Television.
Federal Communications Commission.
Marlene Dortch, Secretary.

Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows:
PART 73RADIO BROADCAST
SERVICES
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.

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2. Amend 73.1212 by adding paragraphs j through l to read as follows:

73.1212 Sponsorship identification; list retention; related requirements.

j1i Where the material broadcast consistent with paragraph a or d of this section has been aired pursuant to the lease of time on the station and has been provided by a foreign governmental entity, the station, at the time of the broadcast, shall include the following disclosure:
The following/preceding programming was sponsored, paid for, or furnished, either in whole or in part, by name of foreign governmental entity on behalf of name of foreign country.

ii If the material broadcast contains a conspicuous statement pursuant to the Foreign Agents Registration Act of 1938 FARA 22 U.S.C. 614b, such conspicuous statement will suffice for purposes of this paragraph j1 if the conspicuous statement also contains a disclosure about the foreign country associated with the individual/entity that has sponsored, paid for, or furnished the material being broadcast.
2 The term foreign governmental entity shall include governments of foreign countries, foreign political parties, agents of foreign principals, and United States-based foreign media outlets.
i The term government of a foreign country has the meaning given such term in the Foreign Agents Registration Act of 1938 22 U.S.C. 611e.
ii The term foreign political party has the meaning given such term in the Foreign Agents Registration Act of 1938
22 U.S.C. 611f.
iii The term agent of a foreign principal has the meaning given such term in the Foreign Agents Registration Act of 1938 22 U.S.C. 611c, and who is registered as such with the Department of Justice, and whose foreign principal is a government of a foreign country, a foreign political party, or directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by a government of a foreign country or a foreign political party as defined in paragraphs j2i and ii of this section, and that is acting in its capacity as an agent of such foreign principal.
iv The term United States-based foreign media outlet has the meaning given such term in section 722a of the Communications Act of 1934 47 U.S.C.
624a.
3 The licensee of each broadcast station shall exercise reasonable diligence to ascertain whether the
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