[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30701]
[[Page Unknown]]
[Federal Register: December 14, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 94-130; FCC 94-289]
Broadcast Station Operator Requirements
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission proposes to amend its broadcast station rules
primarily to waive the requirement that broadcast stations be
supervised only by FCC-licensed duty operators. Also, a number of
changes are proposed in the rules relating to station control to permit
licensees to operate their stations in a completely automated,
unattended mode if appropriate transmission equipment is used, 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.
DATES: Comments must be filed by January 20, 1995. Reply comments must
be filed by February 6, 1995.
ADDRESSES: Federal Communications Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
James E. McNally, Jr. or Gordon W. Godfrey, Mass Media Bureau,
Engineering Policy Branch, (202) 632-9660.
SUPPLEMENTARY INFORMATION:
OMB Information Collection Notification
The following collections of information contained in these
proposed rules have been submitted to the Office of Management and
Budget for review under Section 3504(h) of the Paperwork Reduction Act.
Copies of these submissions may be purchased from the Commission's copy
contractor, as indicated above. Persons wishing to comment on these
information collections should direct their comments to Timothy Fain,
(202) 395-3561, Office of Management and Budget, Room 10102 NEOB,
Washington, DC 20503. A copy of any comments should also be sent to the
Federal Communications Commission, Office of Managing Director, Records
Management Branch, Washington, DC 20554. For further information
contact Judy Boley, Federal Communications Commission, (202) 418-0214.
OMB Number: None.
Title: Section 73.691 Visual Modulation Monitoring.
Form: None.
Action: Proposed New Collection.
Respondents: Businesses or other for-profit, not-for-profit
institutions.
Frequency of Response: On occasion.
Estimated Annual Response: 70 respondents, 1.0 hours per response.
Needs and Uses: Section 73.691 will require TV stations to send a
notification to the Commission in the event that technical problems
make it impossible to operate a TV station in accordance with the
timing and carrier level tolerance requirements and the operation at
variance will exceed 10 consecutive days. The data is used by FCC staff
to maintain accurate and complete technical information about a
station's operation. In the event that a complaint is received from the
public regarding a station's operations, this information is necessary
to provide an accurate response.
OMB Number: None.
Title: Section 73.1300 Unattended station operation.
Form: None.
Action: Proposed New Collection.
Respondents: Businesses or other for-profit, not-for-profit
institutions.
Frequency of Response: On occasion.
Estimated Annual Response: 1,500 respondents, 0.5 hours per
response.
Needs and Uses: Section 73.1300 will require licensees of broadcast
stations to send a notification to the Commission of its intention to
operate unattended. The data is used by FCC staff to maintain accurate
and complete technical information about a station's operation.
OMB Number: 3060-0320.
Title: Section 73.1350 Transmission System Operation.
Form: None.
Action: Revision to Existing Collection.
Respondents: Businesses or other for-profit, not-for-profit
institutions.
Frequency of Response: On occasion.
Estimated Annual Response: 300 respondents, 0.5 hours per response.
Needs and Uses: Section 73.1350 will require licensees of broadcast
stations to send a notification to the Commission whenever a
transmission system control point is established at a location other
than at the main studio or transmitter. The data is used by FCC staff
to maintain complete operating information regarding licensees to be
used in the event that FCC field staff needs to contact the station
about interference.
OMB Number. None.
Title: Section 73.1570 Modulation levels: AM, FM and TV Aural.
Form: None.
Action: Proposed New Collection.
Respondents: Businesses or other for-profit, not-for-profit
institutions.
Frequency of Response: On occasion.
Estimated Annual Response: 70 respondents, 1 hours per response.
Needs and Uses: Section 73.1570 will require licensees of broadcast
stations to send a notification to the Commission whenever technical
problems make it impossible to maintain the minimum modulation level
for more than 10 days and upon restoration of normal operations. The
data is used by FCC staff to maintain accurate and complete technical
information about a station's operation. In the event that a complaint
is received from the public regarding a station's operations, this
information is necessary to provide an accurate response.
OMB Number: None.
Title: Section 73.62 Directional Antenna System Tolerances.
Form: None.
Action: Proposed New Collection.
Respondents: Businesses or other for-profit, not-for-profit
institutions.
Frequency of Response: On occasion.
Estimated Annual Response: 750 respondents, 4.5 hours per response.
Needs and Uses: Section 73.62 will require an AM station with a
directional antenna system to measure and log every monitoring point at
least once for each mode of directional operation within 24 hours of
detection of various operating parameters from allowed tolerances. This
data is used by station engineers to correct the operating parameters
of the directional antenna and by FCC staff in field investigations to
ensure that stations are in compliance with the technical requirements
of the Commission's Rules.
OMB Number: None.
Title: Station License.
Form: None.
Action: Existing collection in use without an OMB control number.
Respondents: Businesses or other for-profit, not-for-profit
institutions.
Frequency of Response: On occasion.
Estimated Annual Response: 5,830 respondents, 0.083 hours per
response.
Needs and Uses: Sections 73.1230, 74.165, 74.432, 74.564, 74.664,
74.765, 74.832, 74.965 and 74.1265 require licensees of broadcast
stations to post, file or have available a copy of the instrument of
authorization at the station and/or at the transmitter. The data is
used by FCC staff in field investigations to ensure that a station is
licensed and operating in the manner specified in the license. The
information posted at the transmitter site would be used by the public
and FCC staff to know by whom the transmitter is licensed.
This is a synopsis of the Commission's Notice of Proposed Rule
Making in MM Docket No. 94-130 adopted November 10, 1994, and released
on December 7, 1994. The complete text of this Notice of Proposed Rule
Making 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,
2100 M St., N.W., Suite 140, Washington, D.C. 20037.
Synopsis of Notice of Proposed Rule Making
1. This proceeding is initiated to determine, in light of the
advancement of automated transmission 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 is taken in response to the Telecommunications Authorization Act
of 1992, Pub. L. No. 102-538, 106 Stat. 3533 (``Law''), which among
other things amends 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 * * *.'' Thus, the Commission's proposes
waiving its current requirement that broadcast station duty operators
possess a license or restricted permit. It also proposes to permit
unattended operation if appropriate equipment is used to operate the
station. Secondarily, the Commission proposes to update various
transmitter control requirements to make them more relevant to
unattended operation and to be responsive to commonly asked questions
concerning their interpretation.
3. Section 73.1860(c) of the Commission's Rules specifically
requires a broadcast station licensee ``to ensure that each transmitter
operator is fully instructed and capable to perform all necessary
observations and adjustments of the transmitting system and other
associated operating duties to ensure compliance with the rules and
station authorization.'' The Commission holds the broadcast station
licensee responsible for rule violations or operation that is not in
accord with the station authorization.
4. Because permitting unattended operation represents a significant
change in the policies relating to transmitter control, the potential
ramifications should be explored thoroughly. Thus the Commission
solicits comment on whether waiving this requirement might encourage
negligence or irresponsibility on the part of certain broadcast
licensees, with the result that interference levels in the various
broadcast services might be exacerbated.
5. As an alternative to the above, the Commission seeks comment on
whether it should permit unattended operation of broadcast stations
only if they are ATS-equipped, inasmuch as such stations are required
to go off the air if operating parameters conducive to interference go
out of tolerance. Comment also is requested on whether some types of
stations (particularly directional AM stations without approved antenna
sampling systems, which are believed to be potentially the most
technically unstable type of broadcast station) should be excluded from
unattended operation under the proposed rules. The Commission suggests
that such licensees might be able to operate their stations properly in
the unattended mode with monitoring equipment which would measure and
record their directional antenna performance every three hours.
However, comment is requested on the degree to which such a requirement
is actually necessary; and if it is, to what degree these licensees can
afford to install the appropriate equipment. The Commission also asks
for comment on any other circumstances that may not lend themselves to
effective unattended station operation.
6. The Commission emphasizes that in proposing to permit unattended
operation at all or at some stations, licensees would not be precluded
from operating their stations in the attended mode, which requires that
some responsible person be in charge of the station. However, even if a
person performing the function of a duty operator is employed
optionally, the need to specify their duties in detail in our rules is
questioned, as they could vary widely from station to station. Parties
are asked to comment on the various proposals above and their
underlying assumptions, and to bring to the Commission's attention any
aspect of the proposal that may have been overlooked. Information is
also sought on benefits potentially derived by licensees from any
waiver or diminution of the operator requirements.
7. While the foregoing discussion has focused on AM, FM and TV
stations licensed under part 73 of the rules, similar flexibility is
proposed in the case of low power TV stations, which are authorized
under part 74. Additionally, comment is sought on whether it is
appropriate to consider changes to the operator requirements for
international broadcast stations authorized pursuant to subpart F of
part 73 or experimental broadcast stations authorized pursuant to
subpart A of part 74. Various rule sections concerning broadcast
auxiliary, ITFS and FM translator services refer to operators and would
need to be modified. Thus, comment is requested on whether
circumstances exist that warrant different treatment for low power TV,
international broadcasting or experimental broadcast station licensees.
In this inquiry, the Commission is cognizant that Section 318 of the
Act continues to prohibit waiver of the operator requirement where
required by international agreement or where licensed operators are
required for safety purposes. 47 U.S.C. Sec. 318. Commenters are
requested to address the implications of these statutory provisions.
8. The Commission also requests comment on the effect of its
proposal on two important responsibilities imposed on broadcast
licensees that may or may not be assigned to duty operators. Comment is
first requested on the degree to which the task of verifying that the
antenna tower lighting system is functioning properly has already been
automated and to what degree such automation is possible in view of the
goals of this proceeding. Second, comment is sought on responsibility
for monitoring for Emergency Broadcast System (EBS) alerts, logging
their receipt, and determining the appropriate response to be taken.
The current EBS system is under review in FO Docket Nos. 91-301 and 91-
171. Briefly, in a Report and Order and Further Notice of Proposed Rule
Making adopted concurrently with this Notice, the current EBS alerting
procedures will be phased out and replaced with a new Emergency Alert
System (EAS) which may be completely automated at the discretion of
each licensee. (See Report and Order and Further Notice of Proposed
Rule Making in FO Docket Nos. 91-171 and 91-301, FCC 94-288, adopted
November 10, 1994.) As new EAS equipment should be available by the
time this proceeding is completed, comment is sought on whether the
Commission needs to consider how licensees might automate the current
EBS system.
9. If a commenting party supports retention of the operator
requirement for certain functions or certain classes of stations, the
Commission requests that it be provided with information which
demonstrates that tangible benefits would derive from the retention.
10. Comment also is sought on the question of whether, for those
stations that choose to retain duty operators, the duty operator should
be required to hold an Restricted permit (R.P.) Also, several
incidental benefits, such as potentially reducing the cost of complying
with metering requirements, would result from the regulatory changes
proposed above. This proposed change would make it appropriate to
delete Sec. 73.1550, which specifies the requirements for extension
meters. This would eliminate any need for licensees to install cameras
so as to be able to view transmitter meters at a remote location--an
alternative currently permitted in lieu of using extension meters. In
addition, references to extension meters would be eliminated from
Secs. 73.53, 73.57, 73.69, 73.1230, 73.1820, and 73.1860. The
Commission additionally proposed several rule amendments aimed at
improving the rules' clarity. In eliminating these ``how to'' kinds of
requirements, licensees would still be free to employ the former
traditional transmitter monitoring techniques; but again, such a
decision should be consistent with the broader objective of monitoring
and adjusting technical parameters to ensure that stations comply with
the rules and conform to their authorizations.
11. Finally, the Commission proposes minor changes to a number of
technical or operational requirements. For example, it asks whether the
licensee should be required to provide the Commission with a name and
telephone number in case the Commission or another government agency
needs to contact the licensee promptly. The Commission also seeks
comment on the maximum time period for allowing a licensee to correct
certain out-of-tolerance conditions. Regarding, for instance, out-of-
tolerance conditions that are capable of causing interference, the
Commission proposes to apply the three-minute limit currently
applicable to ATS stations to remote and directly controlled stations.
12. The Commission often receives inquiries asking which particular
technical parameters should be monitored (and how often) in order for
the licensee to comply with the rules. To help licensees meet their
responsibility the Commission proposes that each licensee be able to
monitor and adjust its station's transmitter power and modulation
level. In addition, licensees responsible for broadcast towers that
require lighting would need to monitor such lighting. Finally, each
licensee of an AM station that changes its mode of operation during the
broadcast day would need to monitor and control such changes. Licensees
of AM stations employing directional arrays would need to be able to
monitor and control the array parameters. In the context of unattended
operation, the monitoring and control of these parameters must be
performed by equipment that would take the station off the air (if a
parameter variance capable of causing interference occurred) or else
contact some person designated by the licensee (this would appear
particularly appropriate in the case of a tower lighting failure).
13. The Commission also solicits information on carrier frequency
measurement. Specifically, on whether frequency is a parameter that ATS
systems typically control and monitor and on whether frequency
measurement should be included in the list of parameters that are
proposed to be monitored and controlled at an attended operation. The
Commission further proposes to amend its rules concerning measurement
and calibration requirements, adjustment of the transmitter, and
permissible connection methods for remote control.
Administrative Matters
14. Pursuant to applicable procedures set forth in Secs. 1.415 and
1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested
parties may file comments on or before January 20, 1995, and reply
comments on or before February 6, 1995. To file formally in this
proceeding, you must file an original plus four copies of all comments,
reply comments, and supporting comments. If you want each Commissioner
to receive a personal copy of your comments, you must file an original
plus nine copies. You should send comments and reply comments to Office
of the Secretary, Federal Communications Commission, Washington, D.C.
20554. Comments and reply comments will be available for public
inspection during regular business hours in the FCC Reference Center
(Room 239), 1919 M Street NW., Washington, DC 20554.
Ex Parte
15. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in
Commission rules. See generally 47 CFR Secs. 1.1202, 1.1203 and
1.1206(a).
Comment Information
16. Pursuant to applicable procedures set forth in Secs. 1.415 and
1.419 of the Commission's Rules, interested parties may file comments
on or before January 20, 1995 and reply comments on or before February
6, 1995. To file formally in this proceeding, participants must file an
original and four copies of all comments, reply comments, and
supporting comments. If participants want each Commissioner to receive
a personal copy of their comments, an original plus nine copies must be
filed. Comments and reply comments should be sent to the Office of the
Secretary, Federal Communications Commission, Washington, D.C. 20554.
Comments and reply comments will be available for public inspection
during regular business hours in the FCC Reference Center (Room 239) of
the Federal Communications Commission, 1919 M Street, N.W., Washington,
D.C. 20554.
17. Initial 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 proceeding explores the feasibility of such
operation. In connection with the proposed changes in transmitter
monitoring and control policy and in response to numerous inquiries
that topic, a number of other rules need updating.
II. Objectives
The proposed action 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 by this Notice is authorized by Sections 4(i) and
(j), 302, 202 and 403 of the Communications Act of 1924, as amended.
IV. Description, Potential Impact, and Number of Small Entities
Affected
The action proposed 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 an operational cost
savings. However, taking advantage of the flexibility provided by the
proposed new rules would be entirely operational. Licensees may
continue to operate as they currently do if they so desire.
V. Recording, Record Keeping, and Other Compliance Requirements
None.
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.
18. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in this document. The IRFA is set forth the Appendix. Written
public comments are requested on the IRFA. These comments must be filed
in accordance with the same filing deadlines as comments on the rest of
the Notice, but they must have a separate and distinct heading
designating them as responses to the Initial Regulatory Flexibility
Analysis. The Secretary shall send a copy of this Notice of Proposed
Rule Making, including the Initial Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration in
accordance with paragraph 603(a) of the Regulatory Flexibility Act
Public Law 96-354, 94 Stat. 1164, 5 U.S.C. Section 601 et seq. (1981).
List of Subjects in 47 CFR Part 73
Radio broadcasting, Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-30701 Filed 12-13-94; 8:45 am]
BILLING CODE 6712-01-M
