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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
providers,77 and SDARS licensees,78
finding that the rationale for imposing such requirements on broadcasters similarly applies to these entities.
In 2002, Congress enacted the Bipartisan Campaign Reform Act BCRA, which amended section 315 of the Act.79 The BCRA added new section 315e to codify the Commissions existing political file obligations by requiring that information regarding any request to purchase advertising time that is made on behalf of a legally qualified candidate for public office be placed in the political file.80 In addition, the BCRA expanded the political file requirements to include any request to purchase political advertising time that communicates a message relating to any political matter of national importance. 81 Specifically, section 315e1 of the Act requires licensees to make available for public inspection a complete record of each request for the purchase of broadcast time by or on behalf of a legally qualified candidate and by or on behalf of any other entity whose ad communicates a message relating to any political matter of national importance.82
The BCRA also specified the records that must be maintained in political files.
Specifically, section 315e2 requires licensees to place in their political files information that includes whether the request to purchase broadcast time has been accepted or rejected, information about the advertisements, and information about the advertiser.

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Section 315e3 of the Act provides that the information required by 77 Section 335 of the Act imposes public interest obligations on DBS providers and requires the Commission, at a minimum, to apply the access to broadcast time requirement of section 312a7 and the use of facilities requirements of section 315 to DBS providers. 47 U.S.C. 335a. The Commission adopted rules requiring DBS providers to abide by political file obligations similar to those requirements placed on terrestrial broadcasters and cable systems in order to assist in evaluations of compliance with the political programming rules and to enable competing candidates to review other candidates advertising access and rates. DBS Public Interest Obligations Report and Order, 13 FCC Rcd at 23271, para. 41; DBS Public Interest Obligations Sua Sponte ReconsIderation, 19 FCC Rcd at 5561, para. 35; 47 CFR 25.701d.
78 Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, MB Docket No.
14.217, Report and Order, 31 FCC Rcd 526, 537
38, paras. 2627 2016; Applications for Consent to the Transfer of Control of Licenses, XM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, MB Docket No. 0757, Memorandum Opinion and Order and Report and Order, 23 FCC Rcd 12348, 12415, para. 146 2008;
47 CFR 25.702b.
79 Public Law 107155, 504, 116 Stat. 81 2002
codified at 47 U.S.C. 315e.
80 47 U.S.C. 315e1.
81 Id.
82 Id. Section 315e1.

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section 315e shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years. 87
The NPRM proposes to revise the definition of legally qualified candidate for public office to add the use of social media and creation of a campaign website to the existing list of activities that may be considered in determining whether an individual running as a write-in candidate has made a substantial showing of his or her bona fide candidacy.83 The NPRM
also proposes to revise the Commissions political file rules to conform with BCRAs amendment to Section 315e of the Act, which included within the political file requirements any request for the purchase of advertising time that communicates a message relating to any political matter of national importance i.e., issue ads and specify the records that must be maintained.84
Additionally, the proposed revisions would specify the records that must be maintained in political files.
Legal Basis The proposed action is authorized under sections 151, 154i, 154j, 303r, 307, 312, 315,335, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154i, 154j, 303r, 307, 312, 315, 335, and 403.
Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rule revisions, if adopted.85 The RFA
generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction. 86 In addition, the term 87 Id.

Section 315e3.
Section 315e3.
84 Public Law 107155, section 504, 116 Stat. 81
2002 codified at 47 U.S.C. 315e.
85 5 U.S.C. 603b3.
86 5 U.S.C. 6016; see infra note 38 explaining the definition of small business under 5 U.S.C.
6013; see 5 U.S.C. 6014 defining small organization as any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register; 5 U.S.C. 6015 defining small governmental jurisdiction as governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are 88 Id.

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small business has the same meaning as the term small business concern under the Small Business Act SBA.87
A small business concern is one which:
1 Is independently owned and operated; 2 is not dominant in its field of operation; and 3 satisfies any additional criteria established by the SBA.88 Below, we provide a description of such small entities, as well as an estimate of the number of such small entities, where feasible.
Television Broadcasting. This U.S.
Economic Census category comprises establishments primarily engaged in broadcasting images together with sound. 89 These establishments operate television broadcast studios and facilities for the programming and transmission of programs to the public.90 These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for such businesses: Those having $41.5
million or less in annual receipts.91
According to the 2012 Economic Census when the SBAs size standard was set at $38.5 million or less in annual receipts, 751 firms in the small business size category operated in that year. Of that number, 656 had annual receipts of $25 million or less, 25 had annual receipts between $25 million and $49,999,999 and 70 had annual receipts of $50 million or more.92 Based on this data, we estimate that the appropriate to the activities of the agency and which are based on such factors as location in rural or sparsely populated areas or limited revenues due to the population of such jurisdiction, and publishes such definitions in the Federal Register.
87 5 U.S.C. 6013 adopting by reference the definition of small business concern in 15 U.S.C.
632a1. Pursuant to 5 U.S.C. 6013, the statutory definition of a small business applies unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register. Id.
88 15 U.S.C. 632a12A.
89 U.S. Census Bureau, 2017 NAICS Definitions, 515120 Television Broadcasting, http
www.census.gov./cgi-bin/sssd/naics/naicsrch.
90 Id.
91 13 CFR 121.201; 2012 NAICS code 515120.
92 U.S. Census Bureau, Table No. EC1251SSSZ4, Information: Subject SeriesEstablishment and Firm Size: Receipts Size of Firms for the United States: 2012 515120 Television Broadcasting.
https factfinder.census.gov/faces/tableservices/jsf/
pages/productview.xhtml?pid=ECN_2012_US_
51SSSZ4&prodType=table.

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