[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67025-67026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26833]


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BROADCASTING BOARD OF GOVERNORS

22 CFR Part 502


Domestic Requests for Broadcasting Board of Governors Program 
Materials

AGENCY: Broadcasting Board of Governors.

ACTION: Final rule.

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SUMMARY: The Broadcasting Board of Governors (``BBG'') finalizes an 
interim final rule, published in the Federal Register on July 2, 2013. 
The interim final rule established procedures for the BBG to respond to 
domestic requests from members of the public, organizations, and media, 
for program materials disseminated by BBG abroad. The BBG received and 
reviewed one public comment regarding the interim final rule, which is 
supportive of BBG broadcasting. BBG adopts the interim rule as final, 
with minor, technical amendments.

DATES: Effective November 8, 2013.

FOR FURTHER INFORMATION CONTACT: April Cabral, Senior Policy Advisor, 
International Broadcasting Bureau, Broadcasting Board of Governors, 330 
Independence Avenue SW., Washington, DC 20237. Telephone number: (202) 
203-4515.

SUPPLEMENTARY INFORMATION: For a more thorough explanation of the 
background for this rule, see the Supplementary Information section of 
78 FR 39584.

Background

    Section 501 of the U.S. Information and Educational Exchange Act, 
as amended, allows the BBG to respond to domestic requests for the BBG 
program materials, and requires the BBG to issue regulations that 
establish procedures for responding to such requests. The BBG published 
an interim final rule in the

[[Page 67026]]

Federal Register, 78 FR 39584, on July 2, 2013, adding 22 CFR part 502. 
This rule established procedures for the BBG to respond to domestic 
requests for the agency's program materials.

Regulatory Findings and Analyses

    For the complete regulatory findings and analyses regarding this 
rulemaking, please refer to the findings and analyses included in the 
Supplementary Information section of the interim final rule, 78 FR 
39584, which are adopted herein. This rule was submitted to and 
reviewed by OMB. As noted in the interim final rule, OMB designated 
this rule non-significant, as defined by Executive Order 12866. 
Regardless, the BBG has reviewed the rule to ensure its consistency 
with the regulatory principles set forth in Executive Orders 12866 and 
13563, and affirms that this rule is consistent with the guidance in 
these Executive Orders.

Analysis of Comments

    The interim final rule, 78 FR 39584, contained a 60 day period for 
public comments that ended on September 2, 2013. The BBG received one 
comment. The only comment expressed support for the BBG and encouraged 
the agency to continue broadcasting.

Amendments to the Final Rule

    BBG proposes minor changes to make a technical amendment in 
paragraph 502.3(b), correct a typographical error in paragraph 
502.5(a), clarify the process for media and organization one-time 
requests for broadcast-quality agency program materials, and simplify 
explanations of requestors' responsibilities to secure rights and 
licenses before using agency program materials that contain third-party 
copyrighted materials.

List of Subjects in 22 CFR Part 502

    Broadcasting, Foreign relations, News media, Public affairs, Radio, 
Recordings, Smith-Mundt, Television.

    Accordingly, the interim final rule, amending 22 CFR part 502, 
published in the Federal Register on July 2, 2013, at 78 FR 39584, is 
adopted as final, with the following changes:

PART 502--DOMESTIC REQUESTS FOR BROADCASTING BOARD OF GOVERNORS 
PROGRAM MATERIALS

0
1. The authority citation for part 502 continues to read as follows:

    Authority: 22 U.S.C. 1461, 1461-1a.


0
2. Section 502.3, in paragraph (b) introductory text, is amended by 
removing the clause ``after their dissemination abroad''.


0
3. Section 502.4 is revised to read as follows:


Sec.  502.4  Media or organization one-time requests for broadcast 
quality agency program materials.

    Upon request, the Agency may provide a broadcast-quality copy of 
Agency program materials to media entities, educational organizations, 
not-for-profit corporations, or other requestors. Requestors will be 
informed if materials are subject to third party content holders' 
restrictions. One-time requests for broadcast quality copies of Agency 
program materials should be directed to:
    (a) The Voice of America Office of Public Relations for broadcast-
quality copies of Voice of America program materials; and
    (b) The TV Marti Division of the Office of Cuba Broadcasting for 
broadcast-quality copies of TV or Radio Marti program materials.


0
4. Section 502.5 is revised to read as follows:


Sec.  502.5  Media or organization requests for ongoing subscriptions 
to broadcast quality agency program materials

    (a) Upon request, the Agency may make program materials available 
on an ongoing basis to Media entities, or other organizations, through 
a subscription agreement, provided that the Agency determines that 
entering into a subscription agreement to make program materials 
available on an ongoing basis would be consistent with the Agency's 
mission and authorities. Requested, ongoing subscription agreements 
must be consistent with the Agency's Policy for domestic distribution 
which incorporates the Broadcasting principles and standards and other 
requirements, found in 22 U.S.C. 1461, 1461-1a, 1462, 6201, 6202, 6203, 
6204, 6205, 6206; Pub. L. 112-239, section 1078(b), 126 Stat. 1632, 
1958; agreements with third-parties that hold a copyright in Agency 
program materials; and Terms of Use on Agency Web sites. Requestors 
shall secure all necessary licenses from all persons or organizations 
that hold a copyright in any portion of program materials before making 
any use of those program materials, except uses of program materials 
permitted by the Copyright Act of 1976, as amended.
    (b) Media entities or other organizations may request ongoing 
subscriptions by filling out an application form found on the Web site 
for the Direct System, the Agency's professional distribution system.


0
5. Section 502.6 is amended by removing the last sentence in paragraph 
(b)(2).

    Dated: November 5, 2013.
Richard M. Lobo,
Director, International Broadcasting Bureau.
[FR Doc. 2013-26833 Filed 11-7-13; 8:45 am]
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