[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67025-67026]
From the Federal Register Online via the Government Publishing 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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