[Federal Register: September 5, 2002 (Volume 67, Number 172)]
[Notices]               
[Page 56833-56834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se02-47]                         

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FEDERAL COMMUNICATIONS COMMISSION

[DA 02-2049]

 
Interim Filing and Certification Requirements Regarding 
Submission of Contracts with Assignment/Transfer of Control 
Applications

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this Public Notice, the Media Bureau implements a Federal 
Communications Commission directive to relax the requirement that 
assignment of license/transfer of control applicants submit a complete 
and unredacted copy of the sale contract with each assignment/transfer 
application. Such applicants may exclude contract attachments not 
material to the Commission's analysis of the transaction, provided that 
they also submit an exhibit describing each of the omitted documents, 
stating both the specific reason(s) for the omission and the basis for 
the determination that the omitted documentation is not material to the 
Commission's consideration of the subject application.

DATES: Effective August 22, 2002.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Nina Shafran, Deputy Chief, Audio 
Division, Media Bureau, Federal Communications Commission, (202) 418-
2781.

SUPPLEMENTARY INFORMATION: The text of the Public Notice is as follows:
    The Instructions to FCC Forms 314 (Application for Consent to 
Assignment of Broadcast Station Construction Permit or License), 315 
(Application for Consent to Transfer Control of Entity Holding 
Broadcast Station Construction Permit or License), and 316 (Short-Form 
Application for Consent To Assign Broadcast Construction Permit or 
License or Transfer of Control of Entity Holding Broadcast Station 
Construction Permit or License) currently require the filing of ``a 
complete and final copy of the unredacted contract for the sale of the 
authorizations * * *, including all exhibits and attachments.'' 
Applicants also must certify whether they have complied with this 
requirement.
    In a Memorandum Opinion and Order released today, the Commission 
concludes that the contract submission requirements should be relaxed 
to permit applicants to exclude contract attachments that are not 
material to the Commission's analysis of the transaction and directs 
the staff to revise the Forms' Instructions and certifications 
accordingly. See LUJ, Inc., Assignor, FCC No. 02-235 (released August 
22, 2002) (the ``LUJ Decision'') [para] 7. Until the revised Forms are 
issued, the Media Bureau hereby announces interim filing and 
certification procedures, effective immediately, as set forth in the 
LUJ Decision. Applicants that submit a complete and final copy of the 
sales contract, including all exhibits and attachments, may respond 
``Yes'' to the applicable Item of the relevant Form. Applicants--
Assignors/Licensees/Transferors and Assignees/Transferees alike--that 
choose to omit certain of the transaction documents which contain 
information that is not material for Commission processing purposes 
must respond ``No'' to the

[[Page 56834]]

applicable Item of the Form. In the latter circumstance, applicants 
must also submit an exhibit describing each of the omitted documents, 
stating both the specific reason(s) for the omission and the basis for 
the determination that the omitted documentation is not material to the 
Commission's consideration of the subject application. Examples of 
documents that normally would not be material to the Commission's 
processing of the application are employee benefit plans and lists of 
vendor supply contracts being assumed by the buyer.
    We remind applicants that the failure to submit documentation 
containing all material terms of an agreement for the assignment or 
transfer of control of a broadcast authorization, including the sales 
price, will delay processing of the application and may result in the 
Bureau providing the public with an additional thirty-day public 
comment period following the submission of all such documentation.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-22593 Filed 9-4-02; 8:45 am]
BILLING CODE 6712-01-P