Electronic Comment Filing System

ECFS Filing Proceeding: 03-130
Name of Filer: Minority Media and Telecommunications Council
Author: David Honig
Lawfirm: Minority Media and Telecommunications Council
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Type of Filing: NOTICE OF EXPARTE
Exparte Presentation: YES
Date Received: 3/24/10
Date Posted: 3/25/10 9:23 AM
Address: 3636 16th St. N.W. Suite B-366 Washington, DC 20010
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Minority Media and Telecommunications Council 3636 16th Street N.W., Suite B-366 Washington, D.C. 20010 Phone: 202-332-0500 Fax: 202-332-0503 www.mmtconline.org March 24, 2010 Marlene Dortch, Esq. Secretary Federal Communications Commission 445 12th Street S.W. Washington, D.C. 20554 RE: Notice of Ex Parte Communications: ? MB Docket Nos. 07-294 (Promoting Diversification of Ownership in the Broadcasting Services), 06-121 (2006 Quadrennial Review), 02-277 (2002 Biennial Review), 01-235 (Cross-Ownership), 01-317 (Multiple Ownership in Local Markets), 00-244 (Definition of Radio Markets), 04-228 (Ways to Further Section 257), 03-130 (Definition of Radio Markets for Areas Not Located in an Arbitron Survey Area), 04-233 (Broadcast Localism), 09-52 (Review of Technical Policies and Rules Presenting Obstacles to Implementation of Section 307(b) of the Communications Act and to the Promotion of Diversity and Localism), 08-187 (Portable People Meter), and RM 11565 (Review of Technical Policies and Rules Presenting Obstacles to Implementation of Section 307(b) of the Communications Act and the Promotion of Diversity) ? MM Docket Nos. 98-204 (Review of the Commission?s Broadcast and Cable Equal Employment Opportunity Rules and Policies), 99-25 (Creation of a Low Power Radio Service), 05-210 (Revision of Procedures Governing Amendments To FM Table of Allotments and Changes of Community of License in the Radio Broadcast Service ? DA Nos. 05-1076 (Auction 62), 04-1699 (Auction 37) ? AU Docket Nos. 09-21 (Competitive Bidding Procedures), ? Council Tree Communications v. FCC, Docket No. 06-2943. ? WT Docket Nos. 05-211 (Implementation of the Commercial Spectrum Enhancement and Modernization of the Commission?s Competitive Bidding Rules and Procedures), 00- 230 (Secondary Markets Proceeding), 05-96 (Rules for Wireless Broadband Service in the 3650-3700 MHz Band) ? PRM09MB (Petition for Rulemaking to Expand the Commission?s Broadcast Advertising Nondiscrimination Rule to Cable, Satellite and Telecommunications Services) ? GN Docket No. 10-25 (Future of Media) ? ET Docket Nos. 04-151 (Wireless Operations in the 3650-3700 MHz Band), 02-380 (Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band), 98-237 (Amendment of the Commission?s Rules With Regard to the 3650-3700 MHz Government Transfer Band) Marlene Dortch, Esq. March 24, 2010 Page 2. Dear Ms. Dortch: This reports on a meeting held March 23, 2010 with Thomas Reed, Director of OCBO, Carolyn Fleming Williams, Senior Deputy Director of OCBO, Eric Malinen, Senior Legal Advisor and FCC Liaison to the SBA, Belford V. Lawson III, Attorney Advisor, Calvin Osborne, Attorney Advisor, and Karen M. Beverly, Consumer-Industry Affairs Specialist and Assistant for Management. Representing MMTC at this meeting was David Honig, President and Executive Director, Joseph Miller, Earle K. Moore Fellow, Jacqueline Clary, John W. Jones Fellow. MMTC distributed a briefing book at the last meeting containing a table and description of 84 pending civil rights proposals. Attached please find table of the 84 pending proposals. D uring the meeting I discussed pending proposals 40-84. My position during the meeting was consistent with the dockets? documents listed (below) unless otherwise noted. Proposal Points made that are not in documents cited *Unique facts regarding minorities gaining spectrum access. Minorities were two decades late in entering the industry due to discrimination and when minorities finally did gain access the majority of the stations they were able to acquire were AM. 40. Create Medium Powered FM Stations 41. Replace FM Table With Interference-Based Allotment Criteria ? This would harmonize very well with the Commission?s other decisions; by using this standard for everything except allotting stations they are still depriving the public of the opportunities for new stations. ? Can measure actual interference, the Rules have not caught up with engineering. 42. Authorize Interference Agreements No Significant Opposition to Underlying Concept ? FCC overestimates interference harm caused by mildly increasing power. 43. Harmonize Regional Interference Protection Standards; Allow FM Applicants to Specify Class C, C0, C1, C2 and C3 Facilities in Zone I and IA ? The question is where is the interference and how many are affected; compensation for all of the interference proposals is more stations and more station upgrades. 44. Remove Non-Viable FM Allotments No Significant Opposition ? The FCC or an outside communication engineer could identify and map the vacant allotments. 45. Relax the Limit of Four Contingent Applications No Significant Opposition to Underlying Concept Marlene Dortch, Esq. March 24, 2010 Page 3. 46. Study the Feasibility of a New Radio Agreement with Cuba No Significant Opposition 47. Increase Auction Discounts to New Entrants FFR Candidate ? A number of changes could be made to help minority-owned businesses do better in the auctions: o Could change the statute; o Increase discounts for new entrants; o Potential for FFR; or o If no other way, closed pools. ? OCBO should study and determine the threshold. 48. Require Minimum Opening Bid Deposit on Each Allotment for Bidders Bidding for an Excessive Proportion of Available Allotments ? The FCC should analyze how many minority-owned businesses participate in each step of the auction process. 49. Only Allow Subsequent Bids to be Made Within no more than Six Rounds Following the Initial Bid 50. Provide Narrow Eligibility Requirements for Bidding Credits; Expand Eligibility Where Bidder?s Interest in Standalone AM Station to be Non-attributable to Bid for a FM Permit in the Same ADI FFR Candidate 51. Require Bidders to Specify Intention to Bid Only on Channels With Total Minimum Bid of Four Times Their Deposit and Designate a Second Place Bidder if Winning Bidder Withdraws ? Would also work for wireless ? Before the auction FCC would go make an initial determination of whether a company meets basic qualifications. 52. Do Not Include Any Channel Where CDBS Shows a Conflicting Proposal or Internal Coordination is Incomplete ? FCC should first determine that company meets basic qualifications. ? Self-certification invites abuse. 53. Conduct Aggressive Outreach to Encourage Minority Bidders and Provide Same Day Reporting on Disentitlements to Bidding Credits No Significant Opposition to Underlying Concept ? Information should be published. Marlene Dortch, Esq. March 24, 2010 Page 4. 54. Reallocation of TV Channels 5/6 for FM Service and Establish an AM Transition Federal Advisory Committee to Make Recommendations for the Use of 5/6 Post DTV Transition No Significant Opposition to Advisory Committee Concept (but some opposition to the 5/6 migration proposal) ? Advisory Committee should include a representative from all stakeholders ? Advisory Committee should also include several engineers. ? Select a diplomat as chair. ? Potential to create a subcommittee of the Diversity Committee, but the Committee would need to add members to satisfy requirements above. 55. Evaluate Media Access Project?s Proposal for new ?Class S? Television Station to Share- Time With Full Power DTV No Significant Opposition to Underlying Concept ? Could also help by incubating new entrants to gain experience to continue business regardless of the distribution platform. 56. Request the Removal of AM Nighttime Coverage from Section 73.21(i) No Significant Opposition ? Creating a general rule would reduce expenses for those who would seek waiver and increase FCC efficiency. 57. Relax Principal Community Coverage Rules for Commercial Stations No Significant Opposition 58. Replace Minimum Efficiency Standard for AM Stations with a ?Minimum Radiation? Standard No Significant Opposition ? Agree that it might be a candidate for §610 Revie.w. 59. Maintain a Rule of 10 Translator Applications Per Applicant 60. Create a New Local ?L? Class of LPFM Stations 61. Expedite FCC Application Review When Notice of Intent to Sell/Lease Spectrum Was Done in a Manner that Provided Notice to Minorities No Significant Opposition to Underlying Concept 62. Waive Pre-Approval Requirement for Common Carrier License and Transfers of Control if Not Conflicting with Public Interest and Results in Minority Ownership of 25% or More FFR Candidate; No Significant Opposition to Underlying Concept Marlene Dortch, Esq. March 24, 2010 Page 5. 63. Set Aside 2006 Designated Entity Rule Changes ? The FCC should take a fresh look at the rules and how it has impacted minority ownership; the FCC could do a review prior to awarding DE benefits to ensure the applicant is eligible. 64. Do Not Award DE Benefits to Entities that Have a Material Relationship With Large In- Region Incumbent Wireless Providers ? Specifically: Create a Pre-clearance Process for DE Applicants; Conduct Random Audits Afterwards; and Strengthen Unjust Enrichment Rules 65. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Increasing Amount of Spectrum Set Asides for Unlicensed Use 66. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Expediting Equipment Certification Process No Significant Opposition 67. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Increasing Maximum Initial Terms for Experimental Licenses No Significant Opposition ? The FCC should incentivize experimental licenses to increase innovation. 68. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Expanding Maximum Term of Special Temporary Authorization No Significant Opposition ? STAs generally should be increased to a year. 69. Increase Access to Licensed Spectrum by Increasing Bidding Credits to Small and Very Small Businesses FFR Candidate 70. Increase Access to Licensed Spectrum by Identifying Auctions Where Assigned Licenses Cover Small Geographic Areas No Significant Opposition to Underlying Concept Marlene Dortch, Esq. March 24, 2010 Page 6. 71. Increase Access to Licensed Spectrum by Waiving Pre-Approval Requirements of Lease Agreements that Transfer De Facto Control of Common Carrier Licenses that Do Not Conflict with Public Interest No Significant Opposition to Underlying Concept 72. Make Legislative Recommendation to Amend 309(j) (spectrum auctions) 73. Prepare Two Diversity Guides for Companies in Media and Telecom Industry and for Small Businesses, Entrepreneurs and other New Entrants No Significant Opposition 74. Develop an Online Resource Directory to Enhance Recruitment, Career Advancement, and Diversity Efforts No Significant Opposition 75. Extend Advertising Nondiscrimination Rule to all Platforms ? For cable, the Commission should look to CARS licenses for jurisdiction. 76. Create a New Civil Rights Branch of the Enforcement Bureau with Staff and Compliance Officers for EEO, Transactional and Advertising Nondiscrimination for All Platforms No Significant Opposition to Underlying Concept 77. Designate a Senior Compliance Officer for the Advertising Nondiscrimination Rule No Significant Opposition 78. Conduct 403 Inquiry into PPM 79. Restore Effective EEO Enforcement; Prohibit Excessive Word of Mouth Recruitment from Homogeneous Workplaces; and Designate Evidentiary Hearings Promptly Marlene Dortch, Esq. March 24, 2010 Page 7. 80. EEO Proposals: Collect and Publish Form 395 Data and Annual Employment Reports At a Set Date ? The data will not be used in a race conscious manner any more than the racial data on the Census would. ? §151 of the 1996 Act clarified types of prohibited discrimination but this section is non-self executing. After the 1996 Act, the Commission stated that it intended to have a rulemaking to implement §151; however, it did not follow through. ? Because the Diversity Committee is unable to agree on this issue, the FCC should make a decision. ? Concerned about the current transition into a digital society and the likelihood that without intervention, this change will exacerbate current gaps. 81. Close the Loopholes Allowing Rural Broadcasters to Perform Two Rather than Four EEO Outreach Initiatives Every Two Years 82. Reaffirm Willingness to Consider Statistical Evidence of Industry-wide EEO Noncompliance 83. Amend EEO Rules to Provide for Greater Focus on Retention and Career Development of Diverse Candidates No Significant Opposition 84. Make Legislative Recommendation to Expand Sections 334 and 634 (EEO) ? Apply to multiple platforms, clarify, and require more aggressive compliance. The corresponding descriptions of proposals 1-39, portions of which were distributed at the meeting, can be found in the following dockets. ? MMTC Radio Rescue Petition For Rulemaking, Review of the Technical Policies and Rules Presenting Obstacles to Implementation of Section 307(b) of the Communications Act and to the Promotion of Diversity and Localism, RM-11565, MB Docket No. 09-52 (July 19, 2009), available at http://mmtconline.org/lp-pdf/MMTC-Radio-Rescue-Petition- 071909-REV.pdf (last visited March 23, 2010). ? Comments of the Minority Media and Telecommunications Council, Amendment of the Commission?s Rules Governing Modification of FM and AM Authorizations, RM-10960 (May 24, 2004), available at http://mmtconline.org/lp- pdf/MMTCCommentsFirstMediaPFRM.pdf (last visited March 23, 2010). ? Reply Comments of the Minority Media and Telecommunications Council, Competitive Bidding Procedures FM Auction 79 ? September 2009, AU Docket NO. 09-21 (April 1, Marlene Dortch, Esq. March 24, 2010 Page 8. 2009), available at http://mmtconline.org/lp-pdf/FM-Auction-Reply-Comments- 040109.pdf (last visited March 23, 2010). ? Comments of the Minority Media and Telecommunications Council, Auction of FM Broadcast Construction Permits Schedules for November 1, 2005 (Auction 62), DA 05- 1076 (April 29, 2005), available at http://mmtconline.org/lp- pdf/MMTCAuction62Comments.pdf (last visited March 23, 2010). ? Initial Comments of the Diversity and Competition Supporters in Response to the Third Further Notice of Proposed Rulemaking, Promoting Diversification of Ownership in the Broadcasting Services, MB Docket No. 07-294 (July 30, 2008), available at http://mmtconline.org/lp-pdf/DCS-Comments-Third-NPRM-073008.pdf (last visited March 23, 2010). ? Council Tree Communications v. FCC, Emergency Motion for Stay Pending Review, Docket No. 06-2943 (June 8, 2006), available at http://mmtconline.org/lp-pdf/AWS-Mtn- for-Stay.pdf (last visited March 23, 2010). ? Comments of the Minority Media and Telecommunications Council, Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission?s Competitive Bidding Rules and Procedures, WT Docket No. 05-211 (Feb. 24, 2006), available at http://mmtconline.org/lp-pdf/MMTC-AWS-Comments.pdf (last visited March 23, 2010). ? Application for Review, Auction of FM Broadcast Construction Permits Scheduled for November 3, 2004 (PR Rpt. AUC-04-37-K (Auction No. 37), DA 04-1699 (July 12, 2004), available at http://mmtconline.org/lp-pdf/MMTCAuction37AppRev.pdf (last visited March 23, 2010). ? MMTC?s Legislative Recommendations to Advance Diversity in the Media and Telecommunications Industries (Jan. 21, 2009), available at http://mmtconline.org/lp- pdf/MMTC_Legis_Recommendatns_012109.pdf (last visited March 23, 2010). ? Letter to Hon. Julius Genachowski, Chairman of the FCC, MB Docket No. 07-294 (Aug. 12, 2009) available at http://mmtconline.org/lp-pdf/MMTC-NUD-Ltr-081209.pdf (last visited March 23, 2010). ? Petition for Rulemaking, Petition for Rulemaking to Expand the Commission?s Broadcast Advertising Nondiscrimination Rule to Cable, Satellite and Telecommunications Services, PRM09MB (Feb. 16, 2009) available at http://mmtconline.org/lp-pdf/Advtg- Nondiscrimination-PFRM-021509.pdf (last visited March 23, 2010). ? Letter to Hon. Michael Copps, Interim Chairman of the FCC (Jan. 21, 2009), available at http://mmtconline.org/lp-pdf/MMTC_Letter_on_FCC_Processes_012109.pdf (last visited March 23, 2010). ? Emergency Petition for Section 403 Inquiry, In re Portable People Meter, MB Docket No. 08-187 (Sept. 2, 2008), available at http://mmtconline.org/lp-pdf/403-Petition.pdf (last visited March 23, 2010). ? Comments of the PPM Coalition, Portable People Meter ? Commission Inquiry Pursuant To Section 403 of the Communications Act (47 U.S.C. §403), MB Docket No. 08-187 (Sept. 24, 2008), available at http://mmtconline.org/lp-pdf/PPMC-Comments-092408.pdf (last visited March 23, 2010). ? Comments of the Minority Media and Telecommunications Council in Response to the Third Report and Order and Fourth Notice of Proposed Rulemaking, Review of the Marlene Dortch, Esq. March 24, 2010 Page 9. Commission?s Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204 (May 22, 2008), available at http://mmtconline.org/lp- pdf/MMTC-EEO-395-Comments-052208.pdf (last visited March 23, 2010) ? Reply Comments of the Minority Media and Telecommunications Council, Review of the Commission?s Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204 (June 6, 2008), available at http://mmtconline.org/lp-pdf/EEO- 395-Reply-Comms-060508.pdf (last visited March 23, 2010). ? Comments of the National Organization for Women et al., Review of the Commission?s Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204 (July 29, 2004), available at http://mmtconline.org/lp- pdf/EEOConfidComments.pdf (last visited March 23, 2010). ? Petition for Clarification, Or, In The Alternative, For Partial Reconsideration, Review of the Commission?s Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204 (Feb. 6, 2003), available at http://mmtconline.org/lp- pdf/BroadcastEEO-PetnRecon.pdf (last visited March 23, 2010). ? Diversity Committee Recommendation on FM Radio Rules (Oct. 4, 2004), available at http://www.fcc.gov/DiversityFAC/adopted- recommendations/AdoptedFMRadioRules.pdf (last visited March 23, 2010). ? Diversity Committee Recommendation on S-Class Television Licenses (Oct. 28, 2008), available at http://www.fcc.gov/DiversityFAC/adopted-recommendations/s-class- licenses-102808.pdf (last visited March 23, 2010). ? Diversity Committee Recommendation on Spectrum and Access to Capital (June 14, 2004), available at http://www.fcc.gov/DiversityFAC/adopted- recommendations/spectrum_and_access.pdf (last visited March 23, 2010). ? Diversity Committee Recommendation on Designated Entity Rules (April 25, 2006), available at http://www.fcc.gov/DiversityFAC/recommendations.html (follow link to Designated Entity Rules) (last visited March 23, 2010). ? Diversity Committee Recommendation on Designated Entity Investment Rules (Sept. 22, 2009), available at http://www.fcc.gov/DiversityFAC/recommendations.html (follow link to Designated Entity Investment Rules) (last visited March 23, 2010). ? Diversity Committee Recommendation on Diversity Guides (June 10, 2008), available at http://www.fcc.gov/DiversityFAC/adopted-recommendations/guidebooks-061008.pdf (last visited March 23, 2010). ? Diversity Committee Recommendation on Resource Directory (Dec. 10, 2004), available at http://www.fcc.gov/DiversityFAC/recommendations.html (follow link to Resource Directory) (last visited March 23, 2010). ? Diversity Committee Recommendation on Funding Acquisitions (Dec. 3, 2009), available at http://www.fcc.gov/DiversityFAC/recommendations.html (follow link to Funding Acquisitions) (last visited March 23, 2010). ? Diversity Committee Recommendation on Personal People Meter (Dec. 3, 2009), available at http://www.fcc.gov/DiversityFAC/recommendations.html (follow link to Personal People Meter Taskforce) (last visited March 23, 2010). ? Diversity Committee Recommendation Requesting an Investigation of the Arbitron Portable People Meter (July 28, 2008), available at Marlene Dortch, Esq. March 24, 2010 Page 10. http://www.fcc.gov/DiversityFAC/adopted- recommendations/PortablePeopleMeter072808.pdf (last visited March 23, 2010). ? Diversity Committee Recommendation on Equal Employment Opportunity Forum & Revisions (Dec. 3, 2009), available at http://www.fcc.gov/DiversityFAC/recommendations.html (follow link to Equal Employment Opportunity Forum & Revisions) (last visited March 23, 2010). ? Diversity Committee Recommendation for a Regulatory Initiative for Career Advancement (Dec. 10, 2004), available at http://www.fcc.gov/DiversityFAC/recommendations.html (follow link to EEO Rule) (last visited March 23, 2010). Respectfully submitted, David Honig President and Executive Director Attachment 84 Proposals Pending Before The Federal Communications Commission To Advance Minority Media and Telecommunications Ownership And Employment ? 51 Proposals Or Concepts Drew No Significant Opposition ? ? 21 Are Candidates For Full File Review Eligibility Criteria ? ? 38 Were Recommended By The FCC?s Advisory Committee on Diversity ? ? 45 Have Been Pending Longer Than Five Years ? ? Three Have Been Pending Longer Than Ten Years ? March 5, 2010 I. Access to Capital and Opportunity in Media and Telecommunications Proposal Organization Diversity Committee 1. Examination of how to Promote Minority Ownership as an Integral Part of all FCC General Media Rulemaking Proceedings; Examine Major Rulemaking and Merger Applications to Discern the Potential Impact of the Proposed Rules or Transactions on Minority and Female Ownership; and Give Enhanced Consideration of Minority Ownership and Viewpoint Diversity Attendant to Consideration of Assignment and Transfer Applications FFR Candidate; No Significant Opposition to Underlying Concept DCS (Oct. 1, 2007) *Originally presented by Citizens Communications Center in 1973 and later endorsed by NABOB DCS (July 30, 2008) *Developed by NABOB and Rainbow/PUSH Letter from MMTC to FCC (Jan. 21, 2009) (ethics and genuineness reviews of major mergers) DCS (Nov. 20, 2007) *Developed by NABOB and Rainbow/PUSH June 14, 2004 (require FCC pre-approved license assignments or transfer of control applications to include a diversity impact statement) 2. Conduct Ongoing Longitudinal Research on Minority and Women Ownership Trends No Significant Opposition DCS (Oct. 1, 2007) 3. Definition of Socially and Economically Disadvantaged Businesses Complete the Effort to Determine Whether, and to What Extent, Bidding Credits Can Incorporate Measures That Account for Race No Significant Opposition to Underlying Concept DCS (July 30, 2008); DCS (Nov. 1, 2007) MMTC Comments, Auction of FM Broadcast Construction Permits Scheduled for Nov. 1, 2005, DA 05-1076 (April 29, 2005) September 22, 2009 (Adarand studies and full file review) October 22, 2008 (full file review)   ?2- 4. Grant Eligible Entities a Rebuttable Presumption of Eligibility for Waivers, Reductions, or Deferrals of Commission Fees FFR Candidate; No Significant Opposition to Underlying Concept October 28, 2008 5. Conduct Outreach to Increase Opportunities for Minorities and Women No Significant Opposition June 14, 2004 (expand interagency relationship and sponsor annual FCC/SBA conference on small and minority businesses and emerging technologies) December 3, 2009 (outreach to increase awareness of benefits of lending/investing in minorities and women in broadcast industry) 6. Designate a Commissioner to Oversee Access to Capital and Funding Acquisition Recommendations No Significant Opposition December 3, 2009 7. Develop a Policy Where Divestiture Remedies Promote Opportunities for Small, Women, and Minority Owned Businesses FFR Candidate; No Significant Opposition to Underlying Concept December 10, 2004 8. Provide Minority Auction Winners a Transferable Credit if Winner Certifies License Will Serve Unserved Markets FFR Candidate; No Significant Opposition to Underlying Concept June 14, 2004 9. Provide a Transferable Credit in Auctions if Winner Shows Transaction With an SDB FFR Candidate; No Significant Opposition to Underlying Concept June 14, 2004   ?3- 10. Develop a New Communications Technologies Supplier Diversity Program and Examine Whether to Extend Procurement Requirements to Encourage Diversity to all Regulated Platforms; covers Current Opportunities, Barriers to Entry, Methods of Compliance, and Measuring Results No Significant Opposition June 14, 2004 June 10, 2008 11. Make Legislative Recommendations to Expand the Telecommunications Development Fund (TDF) and Finance TDF with Auction Proceeds No Significant Opposition to Underlying Concept MMTC, Legislative Recommendations to Advance Diversity in the Media and Telecom Industries (Jan. 21, 2009) June 14, 2004 (expand TDF) 12. Make Legislative Recommendation to Authorize Annual Media and Telecom Diversity and Digital Divide Census No Significant Opposition MMTC, Legislative Recommendations to Advance Diversity in the Media and Telecom Industries (Jan. 21, 2009) 13. Make Legislative Recommendation to Clarify Sections 307(b) (localism) MMTC, Legislative Recommendations to Advance Diversity in the Media and Telecom Industries (Jan. 21, 2009) 14. Make Legislative Recommendation to Amend FTC Act to Prohibit Racial Discrimination in Advertising Placement Terms No Significant Opposition to Underlying Concept MMTC, Legislative Recommendations to Advance Diversity in the Media and Telecom Industries (Jan. 21, 2009) 15. Make Legislative Recommendation to Increase Access to Capital by Creating a Small and Minority Communications Loan Guarantee Program FFR Concept; No Significant Opposition to Underlying Concept June 14, 2004   ?4- 16. Make Legislative Recommendation to Create an Entity to Purchase Loans Made to Minority and Small Businesses in the Secondary Market FFR Concept; No Significant Opposition to Underlying Concept June 14, 2004 II. Access to Capital and Opportunity in Media Proposal Organization Diversity Committee 17. Transfer Restriction of Grandfathered Clusters to Socially and Economically Disadvantaged Businesses (SDBs) Full File Review (FFR) Candidate; No Significant Opposition Diversity and Competition Supporters (DCS) (Oct. 1, 2007) *Originally presented in 2003 18. Structural Rule Waiver for Selling a Station to an SDB, where the Sale to the SDB is Ancillary to a Transaction that Otherwise would be Barred by an Ownership Rule (the ?Minority Ownership Incubation Proposal?) FFR Candidate; No Significant Opposition to Underlying Concept Diversity and Competition Supporters (DCS) (Oct. 1, 2007) *Originally presented in 1990 by NABOB and MMTC; Commission proposed it unanimously in 1992 NPRM; has been before the Commission in five dockets since without a vote 19. Bifurcation of Channels for Share- Times with SDBs FFR Candidate DCS (Oct. 1, 2007) *Originally presented in 2002 June 14, 2004 20. Structural Rule Waivers for Financing Construction of an SDB?s Unbuilt Station FFR Candidate; No Significant Opposition DCS (Oct. 1, 2007) *Originally presented in 1999 21. Relax Broadcast Foreign Ownership Restrictions (see 47 U.S.C. §310(b)(4)) FFR Candidate; No Significant Opposition to Underlying Concept DCS (Oct. 1, 2007) DCS Petition for Partial Reconsideration (June 16, 2008) (seeking reconsideration of the Commission?s refusal to consider relaxing foreign ownership restrictions) *Originally proposed by Diversity Committee on December 10, 2004   ?5- 22. Use of the Share-Time Rule to Foster Ownership of DTV and FM Subchannels FFR Candidate DCS (Oct. 1, 2007) 23. Retention On Air of AM Expanded Band Owners? Stations if One of the Stations is Sold to a SDB FFR Candidate (but original proponents are satisfied with the current small business definition for this proposal); No Significant Opposition DCS (Oct. 1, 2007) *Originally proposed in 2006 by broadcast and public interest groups Request for Waiver of Rules Requiring Return of AM Licenses, MM Docket No. 87-267 (March 27, 2006) 24. Mathematical Touchstones: Tipping Points for the Non- Viability of Independently Owned Radio Stations in a Consolidating Market, and Quantifying Source Diversity No Significant Opposition to Underlying Concept DCS (Oct. 1, 2007) 25. Market-based, Tradable Diversity Credits as an Alternative to Voice Tests No Significant Opposition to Underlying Concept DCS (Oct. 1, 2007) 26. Must-Carry for Certain Class A Television Stations FFR Candidate DCS (July 30, 2008) *Extends a proposal by Community Broadcasters Association Petition for Partial Further Reconsideration, CS Docket No. 98-120 (April 21, 2005) 27. Decline to Grant Temporary Waivers of the Local Ownership Rules to Parties Proposing a Transaction that Would Create Station Combinations Exceeding the Ownership Caps DCS (July 30, 2008) *Developed by NABOB and Rainbow/PUSH 28. Treat Local Marketing Agreements as Attributable Interests DCS (July 30, 2008) *Developed by NABOB and Rainbow/PUSH   ?6- 29. Allow Minorities to Own Station Combinations Equal to the Largest Combination in a Market to Counter Balance the Economic Impact of Grandfathered Holdings FFR Candidate; No Significant Opposition to Underlying Concept DCS (July 30, 2008) *Developed by NABOB and Rainbow/PUSH 30. Repeal of Radio Subcaps *In the Diversity Order, the FCC declined to act on this proposal because the subcaps were retained in the 2006 Quadrennial Report and Order DCS (Nov. 20, 2007) *Developed by Multicultural Radio Broadcasting, Inc. 31. Allow Joint Operating Agreements as an Alternative to LMAs and JSAs, and Hold that Genuine JOAs are Non-Attributable DCS, Petition for Reconsideration, MB Docket No. 02-277 (Sept. 4, 2003) 32. Reverse Authorization of Triopolies DCS, Petition for Reconsideration, MB Docket No. 02-277 (Sept. 4, 2003) 33. Relax the Main Studio Rule No Significant Opposition to Underlying Concept MMTC Radio Rescue Petition (July 19, 2009) December 10, 2007; October 4, 2004 (relax community of license) 34. Clarify that Eligible Entities Can Obtain 18 Months to Construct Major Modifications of Authorized Facilities FFR Candidate; No Significant Opposition to Underlying Concept MMTC Radio Rescue Petition (July 19, 2009) 35. Extend the Three-Year Period for New Station Construction Permits No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009) 36. Conduct Tutorials on Radio Engineering Rules at Headquarters and Annual Conferences No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009) 37. Create a Broadcast Public Engineer Position to Assist Small Business and Nonprofits with Routine Engineering Matters No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009)   ?7- 38. Issue a One-Year Blanket Waiver of Application Fees for Small Business and Nonprofits No Significant Opposition to Underlying Concept MMTC Radio Rescue Petition (July 19, 2009) 39. Make Legislative Recommendation to Allow Private Lenders to Take a Security Interest in FCC Licenses June 14, 2004 III. Access to Spectrum for Broadcasting Proposal Organization Diversity Committee 40. Create Medium Powered FM Stations October 4, 2004 41. Replace FM Table With Interference-Based Allotment Criteria October 4, 2004 42. Authorize Interference Agreements No Significant Opposition to Underlying Concept October 4, 2004 43. Harmonize Regional Interference Protection Standards; Allow FM Applicants to Specify Class C, C0, C1, C2 and C3 Facilities in Zone I and IA MMTC Radio Rescue Petition (July 19, 2009) (FM station class specifications) October 4, 2004 (regional interference protection standards) 44. Remove Non-Viable FM Allotments No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009) MMTC Comments, RM- 10960 (May 24, 2004) (allocate funds for spectrum- clearing incentive grants to failing rural stations) October 4, 2004 (conduct a search for new FM allotments) 45. Relax the Limit of Four Contingent Applications No Significant Opposition to Underlying Concept MMTC Radio Rescue Petition (July 19, 2009) 46. Study the Feasibility of a New Radio Agreement with Cuba No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009) 47. Increase Auction Discounts to New Entrants FFR Candidate MMTC Reply Comments: Competitive Bidding Procedures FM Auction 79 (April 1, 2009) (Auction 79 Reply Comments) *Developed by Mullaney Engineering, Inc.   ?8- 48. Require Minimum Opening Bid Deposit on Each Allotment for Bidders Bidding for an Excessive Proportion of Available Allotments MMTC Auction 79 Reply Comments (April 1, 2009) 49. Only Allow Subsequent Bids to be Made Within no more than Six Rounds Following the Initial Bid MMTC Auction 79 Reply Comments (April 1, 2009) 50. Provide Narrow Eligibility Requirements for Bidding Credits; Expand Eligibility Where Bidder?s Interest in Standalone AM Station to be Non-attributable to Bid for a FM Permit in the Same ADI FFR Candidate MMTC Comments, Auction of FM Broadcast Construction Permits Scheduled for Nov. 1, 2005, DA 05-1076 (April 29, 2005) 51. Require Bidders to Specify Intention to Bid Only on Channels With Total Minimum Bid of Four Times Their Deposit and Designate a Second Place Bidder if Winning Bidder Withdraws MMTC Comments, Auction of FM Broadcast Construction Permits Scheduled for Nov. 1, 2005, DA 05-1076 (April 29, 2005) 52. Do Not Include Any Channel Where CDBS Shows a Conflicting Proposal or Internal Coordination is Incomplete MMTC Comments, Auction of FM Broadcast Construction Permits Scheduled for Nov. 1, 2005, DA 05-1076 (April 29, 2005) 53. Conduct Aggressive Outreach to Encourage Minority Bidders and Provide Same Day Reporting on Disentitlements to Bidding Credits No Significant Opposition to Underlying Concept MMTC Comments, Auction of FM Broadcast Construction Permits Scheduled for Nov. 1, 2005, DA 05-1076 (April 29, 2005) October 4, 2004 (require same-day updates of entitlements to bidding credits) 54. Reallocation of TV Channels 5/6 for FM Service and Establish an AM Transition Federal Advisory Committee to Make Recommendations for the Use of 5/6 Post DTV Transition No Significant Opposition to Advisory Committee Concept (but some opposition to the 5/6 migration proposal) DCS (July 30, 2008) *Originally proposed by Mullaney Engineering MMTC Radio Rescue Petition (July 19, 2009) 55. Evaluate Media Access Project?s Proposal for new ?Class S? Television Station to Share-Time With Full Power DTV No Significant Opposition to Underlying Concept October 28, 2008   ?9- 56. Request the Removal of AM Nighttime Coverage from Section 73.21(i) No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009) 57. Relax Principal Community Coverage Rules for Commercial Stations No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009) 58. Replace Minimum Efficiency Standard for AM Stations with a ?Minimum Radiation? Standard No Significant Opposition MMTC Radio Rescue Petition (July 19, 2009) October 4, 2004 (allow Class A stations to use low towers and higher- than-standard power while retaining appropriate ERP levels) 59. Maintain a Rule of 10 Translator Applications Per Applicant MMTC Radio Rescue Petition (July 19, 2009) 60. Create a New Local ?L? Class of LPFM Stations MMTC Radio Rescue Petition (July 19, 2009) IV. Access to Spectrum for Telecommunications Proposal Organization Diversity Committee 61. Expedite FCC Application Review When Notice of Intent to Sell/Lease Spectrum Was Done in a Manner that Provided Notice to Minorities No Significant Opposition to Underlying Concept June 14, 2004 62. Waive Pre-Approval Requirement for Common Carrier License and Transfers of Control if Not Conflicting with Public Interest and Results in Minority Ownership of 25% or More FFR Candidate; No Significant Opposition to Underlying Concept June 14, 2004 63. Set Aside 2006 Designated Entity Rule Changes MMTC Comments, CC Docket No. 96-45; being litigated in Council Tree Communications v. FCC, No. 08-2036 (3d Cir.) September 22, 2009 April 25, 2006 (recommending the FCC not change its DE rules prior to Auction 66 and allowing further Comment)   ?10- 64. Do Not Award DE Benefits to Entities that Have a Material Relationship With Large In-Region Incumbent Wireless Providers ? Specifically: Create a Pre-clearance Process for DE Applicants; Conduct Random Audits Afterwards; and Strengthen Unjust Enrichment Rules MMTC Comments, WT Docket No. 05-211 (Feb. 24, 2006) MMTC Application for Review PN Rpt. AUC-04-37- K (Auction No. 37) (July 12, 2004) (requests closing loophole by requiring full and timely disclosure of applicants entitlement to bidding credits) 65. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Increasing Amount of Spectrum Set Asides for Unlicensed Use June 14, 2004 66. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Expediting Equipment Certification Process No Significant Opposition June 14, 2004 67. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Increasing Maximum Initial Terms for Experimental Licenses No Significant Opposition June 14, 2004 68. Reduce Barriers to Deployment of Unlicensed Services and Technologies by Expanding Maximum Term of Special Temporary Authorization No Significant Opposition June 14, 2004 69. Increase Access to Licensed Spectrum by Increasing Bidding Credits to Small and Very Small Businesses FFR Candidate June 14, 2004 70. Increase Access to Licensed Spectrum by Identifying Auctions Where Assigned Licenses Cover Small Geographic Areas No Significant Opposition to Underlying Concept June 14, 2004   ?11- 71. Increase Access to Licensed Spectrum by Waiving Pre-Approval Requirements of Lease Agreements that Transfer De Facto Control of Common Carrier Licenses that Do Not Conflict with Public Interest No Significant Opposition to Underlying Concept June 14, 2004 72. Make Legislative Recommendation to Amend 309(j) (spectrum auctions) MMTC, Legislative Recommendations to Advance Diversity in the Media and Telecom Industries (Jan. 21, 2009) V. Civil Rights Compliance and Enforcement Proposal Organization Diversity Committee 73. Prepare Two Diversity Guides for Companies in Media and Telecom Industry and for Small Businesses, Entrepreneurs and other New Entrants No Significant Opposition June 10, 2008 74. Develop an Online Resource Directory to Enhance Recruitment, Career Advancement, and Diversity Efforts No Significant Opposition December 10, 2004 December 3, 2009 (utilizing part of the FCC?s website for potential lenders and entrepreneurs seeking funding) 75. Extend Advertising Nondiscrimination Rule to all Platforms Letter from MMTC to FCC (Aug. 12, 2009); MMTC Petition for Rulemaking (Feb. 16, 2009) 76. Create a New Civil Rights Branch of the Enforcement Bureau with Staff and Compliance Officers for EEO, Transactional and Advertising Nondiscrimination for All Platforms No Significant Opposition to Underlying Concept Letter from MMTC to FCC (Jan. 21, 2009) 77. Designate a Senior Compliance Officer for the Advertising Nondiscrimination Rule No Significant Opposition Letter from MMTC to FCC (Aug. 12, 2009); MMTC Petition for Rulemaking (Feb. 16, 2009)   ?12- 78. Conduct 403 Inquiry into PPM PPM Coalition, MB Docket No. 08-187 (Sept. 24, 2008); PPM Coalition Emergency Petition (Sept. 2, 2008) December 3, 2009; July 28, 2008 79. Restore Effective EEO Enforcement; Prohibit Excessive Word of Mouth Recruitment from Homogeneous Workplaces; and Designate Evidentiary Hearings Promptly Letter from MMTC to FCC (Jan. 21, 2009) MMTC Reply Comments, MM Docket No. 98-204 (June 6, 2004) MMTC Comments, MM Docket No. 98-204 (May 22, 2008) Comments of the National Organization for Women et al., MM Docket No. 98-204 (July 29, 2004) 80. EEO Proposals: Collect and Publish Form 395 Data and Annual Employment Reports At a Set Date MMTC Reply Comments, MM Docket No. 98-204 (June 6, 2004) MMTC Comments, MM Docket No. 98-204 (May 22, 2008) Comments of the National Organization for Women et al., MM Docket No. 98-204 (July 29, 2004) 81. Close the Loopholes Allowing Rural Broadcasters to Perform Two Rather than Four EEO Outreach Initiatives Every Two Years EEO Supporters, Petition for Clarification (Feb. 6, 2003) 82. Reaffirm Willingness to Consider Statistical Evidence of Industry- wide EEO Noncompliance EEO Supporters, Petition for Clarification (Feb. 6, 2003) 83. Amend EEO Rules to Provide for Greater Focus on Retention and Career Development of Diverse Candidates No Significant Opposition December 3, 2009; December 10, 2004 84. Make Legislative Recommendation to Expand Sections 334 and 634 (EEO) MMTC, Legislative Recommendations to Advance Diversity in the Media and Telecom Industries (Jan. 21, 2009)