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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations
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application to regulatory measures as set forth in the Commissions 2016 Second Report and Order are reinstated. Finally, the regulatory measures adopted in the Commissions 2018 Incubator Order are reinstated.
DATES: Effective June 30, 2021.
FOR FURTHER INFORMATION CONTACT: Ty Bream, Industry Analysis Division, Media Bureau, Ty.Bream@fcc.gov, 202
4180644.
SUPPLEMENTARY INFORMATION: This is a summary of the Commissions Order in MB Docket Nos. 1450, 09182, 07294, 04256, and 17289, DA 21656, that was adopted and released on June 4, 2021. The full text of this document is available for public inspection online at https docs.fcc.gov/public/
attachments/DA-21-656A1.pdf.
Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. Alternative formats are available for people with disabilities Braille, large print, electronic files, audio format, etc. and reasonable accommodations accessible format documents, sign language interpreters, CART, etc. may be requested by sending an email to fcc504@fcc.gov or calling the FCCs Consumer and Governmental Affairs Bureau at 202 4180530 voice, 202
4180432 TTY.
Synopsis 1. In FCC v. Prometheus Radio Project, 141 S.Ct. 1150 2021, the U.S.
Supreme Court reversed the decision of the U.S. Court of Appeals for the Third Circuit in Prometheus Radio Project v.
FCC, 939 F.3d 567 3rd Cir. 2019, regarding the Commissions media ownership rules. The Third Circuit had vacated and remanded, in their entirety, the Commissions 2018 Incubator Order 83 FR 43773, Aug. 28, 2018 and the Commissions 2017 Order on Reconsideration 83 FR 755, Jan. 8, 2018. The Third Circuit also had vacated and remanded the definition of eligible entities adopted in the Commissions 2016 Second Report and Order 81 FR 76262, Nov. 1, 2016.
2. Consistent with the Supreme Courts decision, the Media Bureaus Order reinstates the changes adopted in the Incubator Order and Order on Reconsideration and the eligible entity definition as adopted in the Second Report and Order. As such, the Newspaper/Broadcast Cross-Ownership Rule, the Radio/Television CrossOwnership Rule, and the Television Joint Sales Agreement Attribution Rule are eliminated, and the Local Television Ownership Rule and Local Radio Ownership Rule are reinstated as
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adopted in the Order on Reconsideration. The presumption under the Local Radio Ownership Rule that would apply a two-prong test for waiver requests involving existing parent markets with multiple embedded markets is reinstated. Note 5 to 73.3555 is reinstated to the version as amended when the Commission adopted the streamlined procedures in March 2019 for reauthorizing television satellite stations when such stations are assigned or transferred. See Streamlined Reauthorization Procedures for Assigned or Transferred Television Satellite Stations, Modernization of Media Regulation Initiative 84 FR
15125, Apr. 15, 2019. The Order on Reconsideration revised 73.3613d2
of the Commissions rules regarding the filing requirement for joint sales agreements. Because that filing requirement has since been eliminated, the revision to 73.3613d2 adopted in the Order on Reconsideration is not reinstated. See Amendment of Section 73.3613 of the Commissions Rules Regarding Filing of Contracts, Modernization of Media Regulation Initiative 83 FR 65551, Dec. 21, 2018.
3. In addition, the eligible entity standard and its application to regulatory measures as set forth in the Second Report and Order are reinstated.
Finally, the regulatory measures adopted in the Incubator Order are reinstated.
4. The Bureau finds that notice and comment are unnecessary for these rule amendments under 5 U.S.C. 553b because this ministerial order merely implements the decision of the U.S.
Supreme Court. Because this Order is being adopted without notice and comment, the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., does not apply.
5. Accordingly, it is ordered that 73.3555 of the Commissions rules, 47
CFR 73.3555, is amended as set forth in the Final Rules, effective upon publication in the Federal Register.
Because of the need during the current broadcast station license renewal cycle to alert prospective applicants to the current, applicable rules, there is good cause under 5 U.S.C. 553d to make the rules effective immediately upon publication in the Federal Register.
6. This action is taken pursuant to the authority contained in sections 1, 2a, 4i and j, 5c, 257, 303, 307, 308, 309, 310, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152a, 154i, 154j, 155c, 257, 303, 307, 308, 309, 310, and 403, section 202h of the Telecommunications Act of 1996, and 0.61 and 0.283 of the Commissions rules, 47 CFR 0.61, 0.283.

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7. The Bureau has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs that these rules are non-major under the Congressional Review Act, 5
U.S.C. 8042. The Commission will send a copy of this Order to Congress and the Government Accountability Office pursuant to 5 U.S.C. 801a1A.
List of Subjects in 47 CFR Part 73
Radio, Television.
Federal Communications Commission.
Thomas Horan, Chief of Staff, Media Bureau.

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.

2. Amend 73.3555 by:
a. Revising paragraph b;
b. Removing and reserving paragraphs c and d;
c. In Note 2, revising the introductory text and paragraphs a through d and g through k;
d. Revising Note 4 through Note 7 and Note 9; and e. Removing Note 12.
The revisions read as follows:

73.3555

Multiple ownership.

b Local television multiple ownership rule. 1 An entity may directly or indirectly own, operate, or control two television stations licensed in the same Designated Market Area DMA as determined by Nielsen Media Research or any successor entity if:
i The digital noise limited service contours of the stations computed in accordance with 73.622e do not overlap; or ii At the time the application to acquire or construct the stations is filed, at least one of the stations is not ranked among the top four stations in the DMA, based on the most recent allday 9 a.m.midnight audience share, as measured by Nielsen Media Research or by any comparable professional, accepted audience ratings service.
2 Paragraph b1ii Top-Four Prohibition of this section shall not apply in cases where, at the request of the applicant, the Commission makes a
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