/ 07.08.2010
Court Sides With FCC in Ownership Form Dispute

The July 8 deadline for broadcasters to file new commercial ownership Form 323 remained intact this week, after a federal appeals court sided with the FCC (PDF) in a dispute with stations over the new form.

The forms have been controversial because all owners with an attributable interest in a facility must provide the commission their FCC Registration Numbers; and getting those requires a social security number. Law firm Fletcher, Heald & Hildreth represented several state associations and broadcasters who said the new requirement was an invasion of privacy.

The DC Circuit denied the FHH petition, because now the FCC says no individual attributable interest holder will be required to submit a social security number in order to obtain an FRN. The court stated the petitioners had not demonstrated a “clear and indisputable” right to relief.

In a related case, the commission denied a request from Window to the World Communications for WFMT(FM) in Chicago to file a different ownership form. The broadcaster asked if it could file noncommercial Form 323-E, which does not require filers to provide social security number-based FRNs. Window to the World argued that it’s a non-profit entity and requiring its board members to provide their SSNs is a burden.

The FCC countered that though Window to the World is a non-profit entity, WFMT is actually a commercial station; and filing the commercial form did not seem to be a burden in the past for the station, the agency said in its decision. It reminded WFMT the Form 323 includes a way for a filer to generate a so-called “Special Use” FRN for any board members “unwilling to provide information necessary to obtain an FRN,” so a station may complete the form.

The agency believes waiving WFMT’s filing requirement would undermine the reason it’s changing the ownership form — to get more accurate female and minority ownership data.



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1.
Posted by: Crusty Old TV Tech
Sat, 07-10-2010 - 10:45AM Report Comment
So this is what's important to the FCC nowadays...insuring it has SSN's for all commercial station owners so it can keep better track of race and gender, under pain of enforcement action and potential loss of license. Oh yes, that and grabbing UHF spectrum from broadcasters and maybe even the US military to auction off to...whom? Regulation of spectrum access (pure frequency management) was the original purpose of the FCC and predecessor agencies, nowadays, not so much. Political shenanigans have from time to time crept in to the messy business of assigning spectrum and licensees, but those past sins pale like skim milk on porcelain compared to today's. I would rather see the FCC get back to doing its core business, clearing up the mess it made in the recent DTV allocations with too little power on VHF and short spacings, etc., maybe work WITH THE BROADCAST INDUSTRY on some common sense reallocations (like maybe opening up 76-88 MHz for daytimer AM's where there is no TV broadcasting there if they want to move?), etc. The lack of Engineers (degreed or otherwise) in the members of the commission nowadays, and the omnipresence of barristers, is blindingly apparent to this observer. One final note. I seem to remember a footnote from my junior high civics stating that the SSN was not intended to be a national identification number, no way, no how. The folks in Congress at the time were afraid it would become so, and argued this point in debating the overall Social Security issue. If one takes that thought and applies it to the above, what does administration of spectrum licensing have to do with Federal old-age benefit administration? Rhetorical question that, at least nowadays.




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