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)