[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Rules and Regulations]
[Pages 55476-55484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26699]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MM Docket No. 94-130; FCC 95-412]
Broadcast Station Operator Requirements
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission amends its broadcast station rules to waive the
requirement that broadcast stations be supervised only by FCC-licensed
duty
[[Page 55477]]
operators. Also, a number of changes are made in the rules relating to
station control to permit licensees to operate their stations in a
completely automated, unattended mode, thus allowing licensees
significant operational cost savings. This action is necessary to
update broadcast operational rules to more accurately reflect the
capabilities of current transmitter monitoring and control technology.
EFFECTIVE DATE: December 1, 1995.
FOR FURTHER INFORMATION CONTACT:
James E. McNally, Jr., Mass Media Bureau, Engineering Policy Branch,
(202) 776-1671.
SUPPLEMENTARY INFORMATION:
OMB Information Collection Notification
At the time the Notice of Proposed Rule Making (``Notice'') in the
above-entitled matter was released (59 FR 64378, December 4, 1994),
authority was sought from the Office of Management and Budget (``OMB'')
pursuant to Section 3504(h) of the Paperwork Reduction Act, for the
collection of information requested by the following existing or
proposed rule sections: 73.62, 73.691, 73.1230, 73.1300, 73.1350,
73.1570, 74.165, 74.432, 74.564, 74.664, 74.765, 74.832, 74.965 and
74.1265. OMB approval for the collection of the indicated information
has been obtained. It should be noted that most of this information has
been requested as a matter of longstanding policy. Thus, much of the
Commission's solicitation to OMB was retroactive in nature. However, in
the case of proposed Section 73.1300, the Commission elects not to
request information pertaining to contact persons responsible for
broadcast stations operating in the unattended mode. Therefore, the OMB
approval in connection with that section is moot.
This is a synopsis of the Commission's Report and Order in MM
Docket No. 94-130 adopted October 2, 1995, and released on October 23,
1995. The complete text of this Report and Order is available for
inspection and copying during normal business hours in the FCC Dockets
Branch (Room 230), 1919 M St., N.W., Washington, D.C., and may be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., (202) 857-3800, 211 M St., N.W., Suite
140, Washington, D.C. 20037.
Synopsis of Report and Order
1. This proceeding was initiated to determine, in light of the
advances in automated transmission system equipment, whether and under
what circumstances the commission should waive the requirement that a
broadcast station must have a licensed radio operator on duty in charge
of the transmitter during all periods of broadcast operation. This
action was taken in response to the Telecommunications Authorization
Act of 1992, Pub. L. No. 102-538, 106 Stat. 3533 (``Law''), which among
other things amended the Communications Act of 1934 (``Act'') to permit
the Commission to consider this option.
2. Specifically, Section 205(1) of the Law amended Section 318 of
the Act, which requires that each AM, FM or TV station must be operated
by a licensed transmitter duty operator (``duty operator'`) holding a
commercial radio operator license or permit of any class. Pursuant to
Section 318, the Commission may waive or modify the operator
requirement for all but specifically enumerated types of stations. The
Law removed from the waiver/modification prohibition ``(3) stations
engaged in broadcasting * * *.''
3. Thus, on the basis of the revised text of Section 318 and on the
basis of the comments filed in this proceeding, the Commission waives
the requirement that broadcast stations be operated by licensed duty
operators, thereby permitting the unattended operation of broadcast
stations. Additionally, where duty operators continue to be employed on
an option basis, the requirement that they possess a radiotelephone
license (usually the Restricted Radio Telephone Operator Permit or
``RP'') also is waived. Secondarily, the Commission updates various
transmitter control requirements to make them more relevant to
unattended operation and to be responsive to commonly asked questions
concerning their interpretation. The principal matters at issue in this
proceeding are summarized below under the appropriate topical headings.
Requirements Pertaining to Unattended Operation
4. The Notice requested comments on potential impediments to the
unattended operation of broadcast stations. Specifically, it asked
whether certain types of stations should be excluded (such as
International Broadcast Stations, certain types of Broadcast Auxiliary
Stations and AM stations without approved antenna sampling systems)
from consideration fro unattended operation, and whether automated
station monitoring and control (``AMC'') or Automatic Transmission
System (``ATS'') equipment should be required for unattended operation.
On the basis of the comments, the Commission determined that all types
of broadcast stations may operate unattended and that the decision to
employ the use of AMC equipment should be left to the discretion of
licensees.
Unattended Operation and the Emergency Alert System
5. The Commission has had under development of several years a new
Emergency Alert System (``EAS'') which is intended to replace the
current Emergency Broadcast System (``EBS''). The EAS is specifically
designed to be automated whereas the EBS is not. The Notice asked
whether unattended operation of broadcast stations should be deferred
pending implementation of the EAS. The comments reflected some
differences of opinion on this issue. However, because various
difficulties in implementing the EAS have arisen, the Commission
determined that it would permit unattended operation in advance of
implementation of the EAS, provided licensees implement some effective
method of meeting their current EBS responsibilities.
Maximum Time Period for Non-Compliance Correction
6. The Notice discussed various types of broadcast out-of-tolerance
operation, their probable interference impact, and the response time in
which malfunctions should be corrected. The proposal that drew the most
attention was to replace the imprecise word ``immediate'' with the
specific time of three minutes currently used in connection with ATS-
operated stations. Generally, the proposed three-minute response time
was viewed as inappropriate, especially in the case of unattended
stations. However, a number of the comments supported retention of the
three-minute response time in the case of malfunctions with severe
interference potential, but with several hours permitted in the case of
lesser malfunctions.
7. The Commission noted that historically, it has required
licensees to react more or less immediately to transmission system
malfunctions capable of causing interference; but that this requirement
was based largely on the fact that such a response time was practical
(rather than necessary), as transmitter duty operators were always in
attendance. It further noted that while technical malfunctions do
adversely affect telecommunications and must be corrected,
comparatively few are so disruptive as to require immediate correction
or immediate
[[Page 55478]]
termination of broadcasting. Thus, the Commission agreed that the
three-minute response time was unrealistic for a general standard.
Instead, it adopted a three hour response time as the general rule,
with a further requirement that a licensee be able to terminate station
operation within three minutes if specifically requested to do so by
the Commission, to react to serious malfunctions causing harmful or
catastrophic loss of telecommunications service.
Monitoring, Measurement and Calibration Requirements
8. The Notice further explored what broadcast station technical
parameters were in need of monitoring. It suggested, as a minimum, that
transmitter power, modulation level and tower lighting status should be
monitored, as well as daytime/nighttime mode changes and antenna
relative phases and amplitudes at directional AM stations. Transmitter
operating frequency was also mentioned for consideration. The Notice
further proposed that action taken to remedy technical malfunctions be
logged, and attempted to clarify how various station operating
parameters should be measured.
9. The commenters responding to these questions unanimously
expressed the belief that monitoring transmitter frequency was
unnecessary. The proposed logging requirements were rejected as being
unnecessary and unduly regulatory. Concern was also expressed about the
measurement procedures described in the Notice. The claim was made that
they constituted a de facto tightening of current operating tolerances.
10. On the basis of the comments, the Commission concluded that the
measurement of transmitter frequency and the proposed logging
requirements were unnecessary. The Commission clarified how the
proposed rule on measurement tolerances was to be interpreted so as not
to imply any tightening of operating tolerances.
Antenna Tower Light Monitoring
11. The Notice suggested that antenna tower light monitoring could
be automated (as part of configuring a station for unattended
operation) and that such ongoing monitoring might provide for better
aviation safety than the once-a-day check currently required by the
rules as a minimal monitoring activity. The comments generally
supported this conclusion but raised some question as to who should be
notified in the event of a lighting failure--the licensee, the Federal
Aviation Administration (``FAA''), or both. The Commission concluded
that its current rules adequately regulate automated tower light
monitoring and indicated that the automated equipment should notify the
licensee about any malfunction in order to ensure prompt remedial
action. However, it said that equipment that notifies the licensee and
the FAA simultaneously of tower lighting failure could be employed
optionally.
Contact Person
12. The Notice solicited comment on the idea that the Commission
should develop a contact person database in the case of unattended
stations, so that it could contact some responsible person in the event
of a serious technical malfunction. Alternatively, it proposed that
contact information be posted at a station's transmitter site.
13. Comments on the proposed contact person database were
ambivalent about its probable efficacy and they raised a number of
collateral concerns such as privacy and reliability of maintenance.
Similar reservations were expressed about any expansion in transmitter
site posting requirements.
14. The Commission concluded that informal procedures long-used by
its enforcement personnel were sufficient in view of the additional
burdens that would be imposed by constructing and maintaining a more
formal contact person database. The Commission also decided that no
changes in current transmitter site posting requirements (which apply
only to LPTV, TV translator and TV booster stations) were required.
Transmitter and Antenna System Adjustment
15. The Notice proposed that broadcast transmission system
adjustments should only be done by the chief operator or by some other
technically competent person designated by the licensee. This proposal
received some support, but one commenter also questioned the value of
the chief operator. The commenter noted that the chief operator (like
the duty operator) only need hold the RP and is not required to have
any special training or skill, thus rendering the position meaningless.
The need for a competent on-call operator in the event of a station
malfunction was stressed.
16. The Commission determined that while chief operators will no
longer be required to hold any type of license or permit issued by the
Commission, such personnel are responsible for the proper operation of
broadcast stations and are expected to be technically competent for the
task. Eliminating such a position would appear to go outside the scope
of this proceeding, which has been oriented largely toward the roles of
license duty operators. After reviewing the current and proposed
regulations regarding technical personnel, the Commission concluded
that no new rule is needed.
Permissible Methods for Remote Transmitter Control
17. Also emphasized in the Notice was the need for licensees to
have prompt access to metering and control of their transmitters,
particularly the ability to turn the transmitter off in the event of a
malfunction (see para.6, supra). The Commission proposed to permit a
three minute delay in achieving such control, regardless of the kind of
control circuit utilized. This question was raised largely due to
uncertainty in the past over the reliability of non-dedicated, switched
telephone circuits (such as those used for ordinary voice
communication).
18. The Commission agreed with those in favor of relying on the
PSTN for transmitter control. There is no doubt that the reliability of
the PSTN is very high, and evidence that dedicated leased lines
received higher priority from the local telephone companies has not
been provided. Moreover, the Commission was not persuaded by arguments
that dedicated switched lines should be used for purposes other than
transmitter control, even if such use is expected to be small.
Therefore, the rules are being amended to permit the use of a
dedicated, switched telephone line (or number) for transmitter control
purposes, in lieu of a dedicated, continual use leased line.
Radiotelephone Operator Permit (``RP'')
19. The Notice questioned whether in cases where licensees elect to
continue attended station operation, duty operators should continue to
be required to hold the RP. The comments were nearly unanimous in
expressing the opinion that the RP serves no useful purpose and
represents an unnecessary expense. Several commenters noted that the
station licensee is the one responsible for a station's proper
operation, not the holder of an RP. However, one commenter expressed
the belief that requiring an operator license, even if only with the
minimal requirements necessary to obtain the RP, would encourage a
greater sense of responsibility, remove doubts that training for such
duties is necessary and provide a means to prevent recurrent violators
from operating broadcast stations. Another commenter reiterated
[[Page 55479]]
the last-mentioned point, indicating that while the RP is a card that
requires no knowledge to obtain, it does at least hold people
accountable to the FCC for their actions. They can be fined for their
infractions and in cases of gross neglect, lose the permit.
20. The Commission was unpersuaded that the $35 cost of an RP and
its potential for revocation constitute much of an incentive to operate
a station responsibly. The vast majority of the commenters expressed
the opinion that the RP is completely useless. As an incentive for
responsible operation, possession of the RP would appear to be less
effective than the damage to or severance of an employment relationship
that should be expected in cases of negligent operation.
21. But the fact that broadcast licensees are held primarily
responsible for the operation of their stations is the best argument
for the elimination of the RP. The Commission believes that most
licensees do attempt to procure competent technical personnel and that
having the RP is viewed as irrelevant to that process. Therefore, the
rules are being amended to delete the requirement that a station
operator possess the RP.
Other Rule Changes Recommended in the Comments
22. Several commenters recommended changes to rules either not
discussed in the Notice or not included in its Appendix. In some cases,
the rules were not included in the Appendix due to oversight, but are
logical outgrowths of this proceeding or are clerical in nature. Thus,
the Commission eliminates Section 73.757(b), which requires that a
licensed operator be in control whenever auxiliary transmitters are
placed in operation, and Section 73.1230(c), which concerns the posting
of operator licenses. Still other rule changes were suggested that go
beyond the scope of this proceeding. These included revision of Section
73.45 to eliminate the requirement of notifying the Commission about
changes in antenna resistance, common point impedance and the use of
direct reading power meters, revision of Section 73.1560 (a)(1) and (b)
to increase the upper power limit of AM and FM stations from 5% to 10%
of the value authorized and deletion of Section 73.1570(a) which
relates to minimum modulation.
23. Amendment of Sections 73.757 (which requires that a licensed
operator be present when an auxiliary transmitter is placed in
operation) and 73.1230 (which concerns the posting of operator
licenses) will be made as requested, as they were omitted in the Notice
due to oversight, are editorial in nature and are clearly within the
scope of this proceeding. Further, the Commission agreed that omission
of the substance of current Section 73.62(b) in the proposed revision
constitutes an omission that unnecessarily reduces current operational
flexibility. Therefore, Section 73.62 as adopted will retain the former
flexibility concerning operation during inclement weather.
24. The suggested amendment of Section 73.45 may be worthwhile, but
as no other parties commented on the proposal in reply comments, the
Commission concluded that the amendment should be deferred for the
present. Furthermore, the subject is expected to be discussed in
another rulemaking preceding (Notice of Proposed Rule Making in MM
Docket No. 93-177, An Inquiry into Commission Policies and Rules
Regarding AM Radio Service Directional Antenna Performance
Verification, 8 FCC Rcd 4345, (1993), 58 Fed. Reg 36184, July 6,
1993.). The recommended increase in power tolerance for AM and FM
stations appears to be unnecessary, as the Commission has no complaints
on record that the current tolerance is too stringent. Moreover, no
reply comments supported the suggestion. The comment regarding main
studio location is outside the scope of this proceeding, as more than
simply technical factors would be at issue, and they would require
further analysis in a more appropriate forum. Therefore, the Commission
concluded that no revision to Sections 73.45, 73.1125, 73.1560 and
73.1570(a) should be made at this time.
25. Final Regulatory Flexibility Act Analysis
I. Reason for Action
A revision in the Communications Act of 1934 has given the
Commission authority to waive the requirement that broadcast stations
be operated by licensed transmitter duty operators. A waiver of this
requirement would permit such stations to be operated unattended for
the first time. This Report and Order specifies the conditions relating
to such operation.
II. Objectives
The action taken herein is intended to update the rules to provide
for unattended broadcast station operation and to clarify the technical
responsibilities of broadcast licensees, particularly those operating
unattended stations.
III. Legal Basis
The action taken is authorized by Sections 4 (i) and (j), 302, 303
and 403 of the Communications Act of 1934, as amended.
IV. Description, Potential Impact and Number of Small Entities Affected
The action taken in this proceeding is expected to benefit smaller
broadcast licensees by eliminating the need for a transmitter duty
operator. This is expected to result in a significant operational cost
savings. However, taking advantage of the flexibility provided by the
proposed new rules is entirely optional. Licensees may continue to
operate as they currently do if they so desire.
V. Recording, Record Keeping and Other Compliance Requirements
Comments directed toward the Initial Regulatory Flexibility
Analysis contained in the Notice of Proposed Rule Making (``Notice'')
were filed by Ted Miller, who complained about new recordkeeping and
other requirements proposed the Notice when the Initial Regulatory
Flexibility Analysis indicated that there were none. Strictly speaking,
Mr. Miller's assertions are correct. However, the Commission concludes
that the new recordkeeping requirements proposed in the Notice were
insignificant compared to the many other deregulatory aspects of this
proceeding. However, all of Mr. Miller's complaints and recommendations
have been accommodated and are addressed either in the text of the
attached Report and Order or in the rule appendix, so that there is in
fact no adverse regulatory impact whatsoever on smaller broadcast
licensees.
VI. Federal Rules Which Overlap, Duplicate or Conflict With This Rule
None.
VII. Any Significant Alternative Minimizing Impact on Small Entities
and Consistent with the Stated Objectives
None.
List of Subjects in 47 CFR Part 73
Radio broadcasting, Reporting and recordkeeping requirements,
Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Parts 73 and 74 of Title 47 of the Code of Federal Regulations are
amended as follows:
[[Page 55480]]
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for Part 73 is revised to read as
follows:
Authority: 47 U.S.C. 154, 303, 334.
2. Section 73.53 is amended by revising paragraph (b)(9) to read as
follows:
Sec. 73.53 Requirements for authorization of antenna monitors.
* * * * *
(b) * * *
(9) The monitor, if intended for use by stations operating
directional antenna systems by remote control, shall be designed so
that the switching functions required by paragraph (b)(7) of this
section may be performed from a point external to the monitor, and
phase and amplitude indications be provided by external meters. The
indications of external meters furnished by the manufacturer shall meet
the specifications for accuracy and repeatability of the monitor
itself, and the connection of these meters to the monitor, or of other
indicating instruments with electrical characteristics meeting the
specifications of the monitor manufacturer shall not affect adversely
the performance of the monitor in any respect.
* * * * *
3. Section 73.57 is amended by revising paragraph (d) to read as
follows:
Sec. 73.57 Remote reading antenna and common point ammeters.
* * * * *
(d) Each remote reading ammeter shall be accurate to within 2
percent of the value read on its corresponding regular ammeter.
* * * * *
4. Section 73.62 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 73.62 Directional antenna system tolerances.
* * * * *
(b) Whenever the operating parameters of a directional antenna
cannot be maintained within the tolerances specified in paragraph (a)
of this section, the following procedures will apply:
(1) The licensee shall measure and log every monitoring point at
least once for each mode of directional operation. Subsequent
variations in operating parameters will require the remeasuring and
logging of every monitoring point to assure that the authorized
monitoring point limits are not being exceeded.
(2) Provided each monitoring point is within its specified limit,
operation may continue for a period up to 30 days before a request for
Special Temporary Authority (STA) must be filed, pursuant to paragraph
(b)(4) of this section, to operate with parameters at variance from the
provisions of paragraph (a) of this section.
(3) If any monitoring point exceeds its specified limit, the
licensee must either terminate operation within 3 hours or reduce power
in accordance with the applicable provisions of Sec. 73.1350(d), in
order to eliminate any possibility of interference or excessive
radiation in any direction.
(4) If operation pursuant to paragraph (b)(3) of this section is
necessary, or before the 30 day period specified in paragraph (b)(2) of
this section expires, the licensee must request a Special Temporary
Authority (STA) in accordance with Sec. 73.1635 to continue operation
with parameters at variance and/or with reduced power along with a
statement certifying that all monitoring points will be continuously
maintained within their specified limits.
(5) The licensee will be permitted 24 hours to accomplish the
actions specified in paragraph (b)(1) of this section; provided that,
the date and time of the failure to maintain proper operating
parameters has been recorded in the station log.
(c) In any other situation in which it might reasonably be
anticipated that the operating parameters might vary out of tolerance
(such as planned array repairs or adjustment and proofing procedures),
the licensee shall, before such activity is undertaken, obtain an STA
in accordance with Sec. 73.1635 in order to operate with parameters at
variance and/or with reduced power as required to maintain all
monitoring points within their specified limits.
5. Section 73.69 is amended by revising paragraphs (a)(1) and
(a)(2) to read as follows:
Sec. 73.69 Antenna monitors.
(a) * * *
(1) Normally, the antenna monitor is to be installed immediately
adjacent to the transmitter and antenna phasing equipment. However, the
monitor may be located elsewhere provided that its environment is
maintained at all times within those limits under which the monitor was
type-approved.
(2) The antenna monitor installed at a station operating a
directional antenna by remote control or when the monitor is installed
in the antenna field at a distance from the transmitter, must be
designed and authorized for such use in accordance with the provisions
of Sec. 73.53(b)(9).
* * * * *
6. Section 73.691 is revised to read as follows:
Sec. 73.691 Visual modulation monitoring.
(a) Each TV station must have measuring equipment for determining
that the transmitted visual signal conforms to the provisions of this
subpart. The licensee shall decide the monitoring and measurement
methods or procedures for indicating and controlling the visual signal.
(b) In the event technical problems make it impossible to operate
in accordance with the timing and carrier level tolerance requirements
of Sec. 73.682 (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and (a)(17), a
TV broadcast station may operate at variance for a period of not more
than 30 days without specific authority from the FCC: provided that,
the date and time of the initial out-of-tolerance condition has been
entered in the station log. If the operation at variance will exceed 10
consecutive days, a notification must be sent to the FCC in Washington,
D.C., not later than the 10th day of such operation. In the event
normal operation is resumed prior to the end of the 30 day period, the
licensee must notify the FCC upon restoration of normal operation. If
causes beyond the control of the licensee prevent restoration of normal
operation within 30 days, a written request must be made to the FCC in
Washington, D.C., no later than the 30th day for such additional time
as may be necessary.
Sec. 73.75 [Amended]
7. Section 73.757 is amended by removing and reserving paragraph
(b).
Sec. 73.764 [Removed]
8. Section 73.764 is removed.
Sec. 73.1010 [Amended]
9. Section 73.1010 is amended by removing and reserving paragraph
(c).
10. Section 73.1230 is revised to read as follows:
Sec. 73.1230 Posting of station license.
(a) The station license and any other instrument of station
authorization shall be posted in a conspicuous place and in such a
manner that all terms are visible at the place the licensee considers
to be the principal control point of the transmitter.
(b) Posting of the station license and any other instruments of
authorization shall be done by affixing them to the wall at thee
posting location, or by enclosing them in a binder or folder
[[Page 55481]]
which is retained at the posting location so that the documents will be
readily available and easily accessible.
11. A new Sec. 73.1300 is added to read as follows:
Sec. 73.1300 Unattended station operation.
Broadcast stations may be operated as either attended (where a
designated person is responsible for the proper operation of the
transmitting apparatus either at the transmitter site, a remote control
point or an ATS control point) or unattended (where highly stable
equipment or automated monitoring of station operating parameters is
employed). No prior FCC approval is required to operate a station in
the unattended mode. Regardless of which method of station operation is
employed, licensees must employ procedures which will ensure compliance
with Part 11 of this chapter, the rules governing the Emergency Alert
System (EAS).
12. A new Sec. 73.1350 is added to read as follows:
Sec. 73.1350 Transmission system operation.
(a) Each licensee is responsible for maintaining and operating its
broadcast station in a manner which complies with the technical rules
set forth elsewhere in this part and in accordance with the terms of
the station authorization.
(b) The licensee must designate a chief operator in accordance with
Sec. 73.1870. The licensee may designate one or more technically
competent persons to adjust the transmitter operating parameters for
compliance with the technical rules and the station authorization.
(1) Persons so authorized by the licensee may make such adjustments
directly at the transmitter site or by using control equipment at an
off-site location.
(2) The transmitter control personnel must have the capability to
turn the transmitter off at all times. If the personnel are at a remote
location, the control system must provide this capability continuously
or must include an alternate method of acquiring control that can
satisfy the requirement of paragraph (d) of this section that operation
be terminated within 3 minutes.
(c) The licensee must establish monitoring procedures and schedules
for the station and the indicating instruments employed must comply
with Sec. 73.1215.
(1) Monitoring procedures and schedules must enable the licensee to
determine compliance with Sec. 73.1560 regarding operating power and AM
station mode of operation, Sec. 73.1570 regarding modulation levels,
and, where applicable, Sec. 73.1213 regarding antenna tower lighting,
and Sec. 73.69 regarding the parameters of an AM directional antenna
system.
(2) Monitoring equipment must be periodically calibrated so as to
provide reliable indications of transmitter operating parameters with a
known degree of accuracy. Errors inherent in monitoring equipment and
the calibration procedure must be taken into account when adjusting
operating parameters to ensure that the limits imposed by the technical
rules and the station authorization are not exceeded.
(d) In the event that a broadcast station is operating in a manner
that is not in compliance with the technical rules set forth elsewhere
in this part or the terms of the station authorization, and the
condition is not listed in paragraph (e) of this section, broadcast
operation must be terminated within three hours.
(1) Examples of conditions that require termination of operation
include excessive power or excessive modulation.
(2) Additional examples for AM stations are any mode of operation
not specified by the station license for the pertinent time of day or
hours of operation and any condition of antenna parameters or
monitoring points out of the tolerances specified elsewhere in this
part or by the station's instrument of authorization. For these
conditions, operation must be terminated within three minutes unless
antenna input power is reduced sufficiently to eliminate any excess
radiation.
(3) For AM stations using directional arrays, additional procedures
apply when array operating parameters are at variance, monitoring
points exceed specified limits, or authorized directional mode
capability is lost. See Sec. 73.62, Directional antenna system
tolerances; Sec. 73.158, Directional antenna monitoring points; and
Sec. 73.1680(b), Emergency antennas.
(e) If a broadcast station is operating in a manner that is not in
compliance with one of the following technical rules, operation may
continue if the station complies with relevant alternative provisions
in the specified rule section.
(1) AM directional antenna system tolerances, see Sec. 73.62;
(2) AM directional antenna monitoring points, see Sec. 73.158;
(3) TV visual waveform, see Sec. 73.691(b);
(4) Reduced power operation, see Sec. 73.1560(d);
(5) Reduced modulation level, see Sec. 73.1570(a);
(6) Emergency antennas, see Sec. 73.1680.
(f) The transmission system must be maintained and inspected in
accordance with Sec. 73.1580.
(g) Whenever a transmission system control point is established at
a location other than at the main studio or transmitter, notification
of that location must be sent to the FCC in Washington, D.C. within 3
days of the initial use of that point. This notification is not
required if responsible station personnel can be contacted at the
transmitter or studio site during hours of operation.
(h) The licensee must ensure that the station is operated in
compliance with Part 11 of this chapter, the rules governing the
Emergency Alert System (EAS).
13. Section 73.1400 is revised to read as follows:
Sec. 73.1400 Transmission system monitoring and control.
The licensee of an AM, FM or TV station is responsible for assuring
that at all times the station operates within tolerances specified by
applicable technical rules contained in this part and in accordance
with the terms of the station authorization. Any method of complying
with applicable tolerances is permissible. The following are typical
methods of transmission system operation:
(a) Attended operation. (1) Attended operation consists of ongoing
supervision of the transmission facilities by a station employee or
other person designated by the licensee. Such supervision may be
accomplished by either:
(i) Direct supervision and control of transmission system
parameters by a person at the transmitter site; or
(ii) Remote control of the transmission system by a person at the
main studio or other location. The remote control system must provide
sufficient transmission system monitoring and control capability so as
to ensure compliance with Sec. 73.1350.
(2) A station may also be monitored and controlled by an automatic
transmission system (ATS) that is configured to contact a person
designated by the licensee in the event of a technical malfunction. An
automatic transmission system consists of monitoring devices, control
and alarm circuitry, arranged so that they interact automatically to
operate the station's transmitter and maintain technical parameters
within licensed values.
[[Page 55482]]
(3) A hybrid system containing some remote control and some ATS
features is also permissible.
(4) In the case of remote control or ATS operation, not every
station parameter need be monitored or controlled if the licensee has
good reason to believe that its stability is so great that its
monitoring and control are unnecessary.
(b) Unattended operation. Unattended operation is either the
absence of human supervision or the substitution of automated
supervision of a station's transmission system for human supervision.
In the former case, equipment is employed which is expected to operate
within assigned tolerances for extended periods of time. The latter
consists of the use of a self-monitoring or ATS-monitored and
controlled transmission system that, in lieu of contacting a person
designated by the licensee, automatically takes the station off the air
within three hours of any technical malfunction which is capable of
causing interference.
Sec. Sec. 73.1410, 73.1500, 73.1550 [Removed]
14. Sections 73.1410, 73.1500 and 73.1550 are removed.
15. Section 73.1580 is revised to read as follows:
Sec. 73.1580 Transmission system inspections.
Each AM, FM, and TV station licensee or permittee must conduct
periodic complete inspections of the transmitting system and all
required monitors to ensure proper station operation.
16. Section 73.1635 is amended by revising paragraph (a)(5) to read
as follows:
Sec. 73.1635 Special temporary authorizations (STA).
(a) * * *
(5) Certain rules specify special considerations and procedures in
situations requiring an STA or permit temporary operation at variance
without prior authorization from the FCC when notification is filed as
prescribed in the particular rules. See Sec. 73.62, Directional antenna
system tolerances; Sec. 73.157, Antenna testing during daytime;
Sec. 73.158, Directional antenna monitoring points; Sec. 73.691, Visual
modulation monitoring; Sec. 73.1250, Broadcasting emergency
information; Sec. 73.1350, Transmission system operation; Sec. 73.1560,
Operating power and mode tolerances; Sec. 73.1570, Modulation levels:
AM, FM, and TV aural; Sec. 73.1615, Operation during modification of
facilities; Sec. 73.1680, Emergency antennas; and Sec. 73.1740, Minimum
operating schedule.
* * * * *
17. Section 73.1820 is amended by revising paragraphs (a)
introductory text, (a)(2)(iii), by removing paragraphs (b)(4), (b)(5)
and (b)(6), redesignating paragraphs (b)(7) and (b)(8) as paragraphs
(b)(4) and (b)(5), respectively and revising newly redesignated
paragraph (b)(4) to read as follows:
Sec. 73.1820 Station log.
(a) Entries must be made in the station log either manually by a
person designated by the licensee who is in actual charge of the
transmitting apparatus, or by automatic devices meeting the
requirements of paragraph (b) of this section. Indications of operating
parameters that are required to be logged must be logged prior to any
adjustment of the equipment. Where adjustments are made to restore
parameters to their proper operating values, the corrected indications
must be logged and accompanied, if any parameter deviation was beyond a
prescribed tolerance, by a notation describing the nature of the
corrective action. Indications of all parameters whose values are
affected by the modulation of the carrier must be read without
modulation. The actual time of observation must be included in each log
entry. The following information must be entered:
* * * * *
(2) * * *
(iii) Entries of the results of calibration of automatic logging
devices (see paragraph (b) of this section) or indicating instruments
(see Sec. 73.67), whenever performed.
(b) * * *
(4) In the event of failure or malfunctioning of the automatic
equipment, the person designated by the licensee as being responsible
for the log small make the required entries in the log manually at that
time;
* * * * *
Sec. 73.1860 [Removed]
18.Section 73.1860 is removed.
19. Section 73.1870 is amended by revising paragraphs (a) and
(b)(3) to read as follows:
Sec. 73.1870 Chief operators.
(a) The licensee of each AM, FM, or TV broadcast station must
designate a person to serve as the station's chief operator. At times
when the chief operator is unavailable or unable to act (e.g.,
vacations, sickness), the licensee shall designate another person as
the acting chief operator on a temporary basis.
(b) * * *
(3) The designation of the chief operator must be in writing with a
copy of the designation posted with the station license. Agreements
with chief operators serving on a contract basis must be in writing
with a copy kept in the station files.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
20. The authority citation for Part 74 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as
amended; 47 U.S.C. 154, 303, 554.
Sec. 74.5 [Amended]
21. Section 74.5 is amended by removing and reserving paragraph
(c).
22. Section 74.18 is revised to read as follows:
Sec. 74.18 Transmitter control and operation.
Except where unattended operation is specifically permitted, the
licensee of each station authorized under the provisions of this part
shall designate a person or persons to activate and control its
transmitter. At the discretion of the station licensee, persons so
designated may be employed for other duties and for operation of other
transmitting stations if such other duties will not interfere with the
proper operation of the station transmission systems.
23. Section 74.165 is revised to read as follows:
Sec. 74.165 Posting of station license.
The instrument of authorization or a clearly legible photocopy
thereof shall be available at the transmitter site.
24. Section 74.432 is amended by revising paragraph (e)(1) to read
as follows:
Sec. 74.432 Licensing requirements and procedures.
* * * * *
(e) * * *
(1) The station must be designed, installed, and protected so that
the transmitter can only be activated or controlled by persons
authorized by the licensee.
* * * * *
25. Section 74.434 is amended by revising paragraph (b) to read as
follows:
Sec. 74.434 Remote control operation.
* * * * *
(b) A remote control system must be designed, installed, and
protected so that the transmitter can only be activated or controlled
by persons authorized by the licensee.
* * * * *
[[Page 55483]]
26. Section 74.436 is amended by revising paragraph (a) to read as
follows:
Sec. 74.436 Special requirements for automatic relay stations.
(a) An automatic relay station must be designed, installed, and
protected so that the transmitter can only be activated or controlled
by persons authorized by the licensee.
* * * * *
27. Section 74.533 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 74.533 Remote control and unattended operation.
(a) * * *
(2) The remote control system must be designed, installed, and
protected so that the transmitter can only be activated or controlled
by persons authorized by the licensee.
* * * * *
28. Section 74.564 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 74.564 Posting of station license.
(a) The station license and any other instrument of authorization
or individual order concerning the construction of the equipment or
manner of operation of the station shall be posted in the room in which
the transmitter is located, provided that if the station is operated by
remote control pursuant to Sec. 74.533, the station license shall be
posted at the operating position.
* * * * *
29. Section 74.634 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 74.634 Remote control operation.
(a) * * *
(1) The remote control system must be designed, installed, and
protected so that the transmitter can only be activated or controlled
by persons authorized by the licensee.
* * * * *
30. Section 74.703 is amended by revising paragraph (c) to read as
follows:
Sec. 74.703 Interference.
* * * * *
(c) It shall be the responsibility of the licensee of a low power
TV, TV translator, or TV booster station to correct any condition of
interference which results from the radiation of radio frequency energy
outside its assigned channel. Upon notice by the Commission to the
station licensee that such interference is caused by spurious emissions
of the station, operation of the station shall be suspended within
three minutes and not resumed until the interference has been
eliminated. However, short test transmissions may be made during the
period of suspended operation to check the efficacy of remedial
measures.
* * * * *
31. Section 74.734 is amended by revising paragraph (a)
introductory text and removing paragraph (a)(6) to read as follows:
Sec. 74.734 Attended and unattended operation.
(a) Low power TV, TV translator, and TV booster stations may be
operated without a designated person in attendance if the following
requirements are met:
* * * * *
32. Section 74.750 is amended by revising paragraph (g) to read as
follows:
Sec. 74.750 Transmission system facilities.
* * * * *
(g) Low power TV, TV translator, or TV booster stations installing
new type accepted transmitting apparatus incorporating modulating
equipment need not make equipment performance measurements and shall so
indicate on the station license application. Stations adding new or
replacing modulating equipment in existing low power TV, TV translator,
or TV booster station transmitting apparatus must have a qualified
person examine the transmitting system after installation. This person
must certify in the application for the station license that the
transmitting equipment meets the requirements of paragraph (d)(1) of
this section. A report of the methods, measurements, and results must
be kept in the station records. However, stations installing modulating
equipment solely for the limited local origination of signals permitted
by Sec. 74.731 need not comply with the requirements of this paragraph.
Sec. 74.765 [Amended]
33. Section 74.765 is amended by removing paragraph (b) and
redesignating paragraph (c) as paragraph (b).
34. Section 74.769 is revised to read as follows:
Sec. 74.769 Copies of rules.
The licensee or permittee of a station authorized under this
subpart shall have a current copy of Volume I and Volume III of the
Commission's Rules. Each such licensee or permittee shall be familiar
with those rules relating to stations authorized under this subpart.
Copies of the Commission's rules may be obtained from the
Superintendent of Documents, Government Printing Office, Washington, DC
20402.
35. Section 74.901 is amended by revising the definitions for
``Attended operation'', ``Remote control'' and ``Unattended operation''
to read as follows:
Sec. 74.901 Definitions.
Attended operation. Operation of a station by a designated person
on duty at the place where the transmitting apparatus is located with
the transmitter in the person's plain view.
* * * * *
Remote control. Operation of a station by a designated person at a
control position from which the transmitter is not visible but where
suitable control and telemetering circuits are provided which allow the
performance of the essential functions that could be performed at the
transmitter.
* * * * *
Unattended operation. Operation of a station by automatic means
whereby the transmitter is turned on and off and performs its functions
without attention by a designated person.
36. Section 74.939 is amended by revising paragraph (i) to read as
follows:
Sec. 74.939 Special rules governing ITFS response stations.
* * * * *
(i) The transmitter of an ITFS response station may be operated
unattended. The overall performance of the ITFS response station
transmitter shall be checked as often as necessary to ensure that it is
functioning in accordance with the requirements of the Commission's
rules. The licensee of an ITFS response station is responsible for the
proper operation of the transmitter at all times. The transmitter shall
be installed and protected in such manner as to prevent tampering or
operation by unauthorized persons.
* * * * *
37. Section 74.969 is revised to read as follows:
Sec. 74.969 Copies of rules.
The licensee of an instructional television fixed station shall
have a current copy of Parts 73 and 74 of this chapter. In cases where
aeronautical hazard marking of antennas is required, such licensee
shall also have a current copy of Part 17 of this chapter. Each
licensee is expected to be familiar with the pertinent rules governing
instructional television fixed stations.
38. Section 74.1203 is amended by revising paragraph (e) to read as
follows:
Sec. 74.1203 Interference.
* * * * *
[[Page 55484]]
(e) It shall be the responsibility of the licensee of an FM
translator or FM booster station to correct any condition of
interference which results from the radiation of radio frequency energy
by its equipment on any frequency outside the assigned channel. Upon
notice by the Commission to the station licensee that such interference
is being caused, the operation of the FM translator or FM booster
station shall be suspended within three minutes and shall not be
resumed until the interference has been eliminated or it can be
demonstrated that the interference is not due to spurious emissions by
the FM translator or FM booster station; provided, however, that short
test transmissions may be made during the period of suspended operation
to check the efficacy of remedial measures.
39. Section 74.1234 is amended by revising paragraph (a)
introductory text and removing paragraph (c) to read as follows:
Sec. 74.1234 Unattended operation.
(a) A station authorized under this subpart may be operated without
a designated person in attendance if the following requirements are
met:
* * * * *
[FR Doc. 95-26699 Filed 10-3-95; 8:45 am]
BILLING CODE 6712-01-M
