[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Rules and Regulations]
[Pages 71601-71604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34237]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MM Docket No. 98-98; FCC 98-324]
Call Sign Assignments for Broadcast Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
modifies its practices and procedures regarding the assignment of call
signs to radio and television broadcast stations. The document replaces
the Commission's existing manual procedures with an on-line system for
the electronic preparation and submission of requests for the
reservation and authorization of new and modified call signs.
Implementation of the on-line call sign system will enhance the speed
and certitude of radio and television broadcast station call sign
assignments, thereby providing better service to all broadcast
licensees and permittees, and will also conserve Commission resources.
EFFECTIVE DATE: December 29, 1998.
FOR FURTHER INFORMATION CONTACT: James J. Brown or Jerianne Timmerman
at (202) 418-1600.
SUPPLEMENTARY INFORMATION:
1. In this Report and Order adopted December 8, 1998, and released
December 16, 1998, the Federal Communications Commission is modifying
its practices and procedures regarding the assignment of call signs to
radio and television broadcast stations. As proposed in the Notice of
Proposed Rulemaking in this proceeding, 63 FR 38357 (July 16, 1998),
this Report and Order replaces the Commission's existing manual
procedures for assigning call signs with an on-line system for the
electronic preparation and submission of requests for the reservation
and authorization of new and modified call signs.
2. As described in detail in the Report and Order, implementation
of the on-line call sign system will enhance the speed and certitude of
radio and television broadcast station call sign assignments, thereby
providing better service to all broadcast licensees and permittees, and
will also conserve Commission resources. For these reasons, the Report
and Order requires broadcast licensees and permittees to utilize the
new on-line system in making call sign requests. However, as the
Commission seeks to avoid any disruption to broadcast licensees and
permittees who may not have ready access to the Internet, the Report
and Order allows applicants to request a waiver of the Commission's
requirement to utilize the on-line system to request new or modified
call signs for their stations.
3. The complete text of this Report and Order is available for
inspection and copying during normal business hours in the Federal
Communications Commission Reference Center (Room 239), 1919 M Street,
N.W., Washington, D.C., and it may be purchased from the Commission's
copy contractor, International Transcription Service, Inc., 1231 20th
Street, N.W., Washington, D.C. 20036, (202) 857-3800.
Final Regulatory Flexibility Act Analysis (FRFA)
Summary
4. As required by the Regulatory Flexibility Act (RFA), 5 U.S.C.
603, an Initial Regulatory Flexibility Analysis (IRFA) was incorporated
in the Notice of Proposed Rulemaking (NPRM) in this proceeding. The
Commission sought written public comments on the proposals in the NPRM,
including on the IRFA. The Commission's Final Regulatory Flexibility
Analysis (FRFA) in this Report and Order conforms to the RFA, as
amended by the Contract With America Advancement Act of 1996.
Need for and Objectives of Action
5. This Report and Order adopts modified procedures regarding the
assignment of call signs for radio and television broadcast stations.
By replacing its existing manual procedures with a new on-line system
for the electronic preparation and submission of requests for new and
modified call signs, the Commission will enhance the speed and
certitude of radio and television broadcast station call sign
assignments, while at the same time conserving Commission resources.
Significant Issues Raised by Public in Response to Initial Analysis
6. No comments were received specifically in response to the IRFA
contained in the NPRM. However, two commenters did address an issue
relating to call signs for low power television (LPTV) stations, whose
licensees are generally small businesses. One commenter opposed
allowing LPTV permittees to reserve four-letter call signs, but another
commenter opposed this position. The Commission concluded that there
was no compelling reason to prevent LPTV permittees from obtaining
four-letter call signs via the new electronic system if they wish to
replace their Commission-assigned five character alpha-numeric call
signs.
Description and Estimate of the Number of Small Entities Involved
7. Definition of a ``Small Business.'' Under the RFA, small
entities may include small organizations, small businesses, and small
governmental jurisdictions. 5 U.S.C. 601(6). The RFA, 5 U.S.C. 601(3),
generally defines the term ``small business'' as having the same
meaning as the term ``small business concern'' under the Small Business
Act, 15 U.S.C. 632. A small business concern is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). Pursuant to 5 U.S.C. 601(3), the
statutory definition of a small business applies ``unless an agency
after consultation with the Office of Advocacy of the SBA and after
opportunity for public comment, establishes one or more definitions of
such term which are appropriate to the activities of the agency and
publishes such definition(s) in the Federal Register.''
8. In the IRFA we stated that we tentatively believe that the SBA's
definition of ``small business'' greatly overstates the number of radio
and television broadcast stations that are small businesses and is not
particularly suitable for the purpose of determining the impact of the
proposals in the NPRM on small television and radio stations. While we
utilized the SBA's definition to determine the number of small
businesses to which the revised call sign procedures would apply, we
reserved the right to adopt a more suitable definition of ``small
business'' as applied to radio and television broadcast stations. We
received no comment in response to the IRFA on how to define radio and
television broadcast ``small businesses.'' Therefore, we will continue
to utilize the SBA's definitions for the purposes of this FRFA.
9. Issues in Applying the Definition of a ``Small Business.'' As
discussed below, we could not precisely apply the foregoing definition
of ``small business'' in developing our estimates of the number of
small entities to which the amended call sign procedures will apply.
Our estimates reflect our best judgments based on the data available to
us.
10. An element of the definition of ``small business'' is that the
entity not
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be dominant in its field of operation. We are unable at this time to
define or quantify the criteria that would establish whether a specific
radio or television station is dominant in its field of operation.
Accordingly, the following estimates of small businesses to which the
new call sign rules and procedures will apply do not exclude any radio
or television station from the definition of a small business on this
basis and are therefore overinclusive to that extent. An additional
element of the definition of ``small business'' is that the entity must
be independently owned and operated. As discussed further below, we
could not fully apply this criterion, and our estimates of small
businesses to which the amended call sign procedures may apply may be
overinclusive to this extent.
11. With respect to applying the revenue cap, the SBA has defined
``annual receipts'' specifically in 13 CFR 121.104, and its
calculations include an averaging process. We do not currently require
submission of financial data from licensees that we could use in
applying the SBA's definition of a small business. Thus, for purposes
of estimating the number of small entities to which the rules apply, we
are limited to considering the revenue data that are publicly
available, and the revenue data on which we rely may not correspond
completely with the SBA definition of annual receipts.
12. Under SBA criteria for determining annual receipts, if a
concern has acquired an affiliate or been acquired as an affiliate
during the applicable averaging period for determining annual receipts,
the annual receipts in determining size status include the receipts of
both firms. 13 CFR 121.104(d)(1). The SBA defines affiliation in 13 CFR
121.103. In this context, the SBA's definition of affiliate is
analogous to our attribution rules. Generally, under the SBA's
definition, concerns are affiliates of each other when one concern
controls or has the power to control the other, or a third party or
parties controls or has the power to control both. 13 CFR
121.103(a)(1). The SBA considers factors such as ownership, management,
previous relationships with or ties to another concern, and contractual
relationships, in determining whether affiliation exists. 13 CFR
121.103(a)(2). Instead of making an independent determination of
whether television stations were affiliates based on SBA's definitions,
we relied on the databases available to us to provide us with that
information.
13. Estimates Based on Census Data. The amended call sign rules and
procedures will apply to television and LPTV broadcasting licensees and
permittees and radio broadcasting licensees and permittees. The SBA
defines a television broadcasting station that has no more than $10.5
million in annual receipts as a small business. Television broadcasting
stations consist of establishments primarily engaged in broadcasting
visual programs by television to the public, except cable and other pay
television services. Included in this industry are commercial,
religious, educational, and other television stations. Also included
are establishments primarily engaged in television broadcasting and
which produce taped television program materials. Separate
establishments primarily engaged in producing taped television program
materials are classified under another SIC number.
14. There were 1,509 television stations operating in the Nation in
1992. That number has remained fairly steady as indicated by the
approximately 1,583 operating television broadcasting stations in the
Nation as of August 1998. For 1992, the number of television stations
that produced less than $10.0 million in revenue was 1,155
establishments. Thus, the amended call sign procedures will affect some
of the approximately 1,583 television stations; approximately 77%, or
1219, of those stations are considered small businesses. The amended
call sign procedures will also apply to LPTV stations that choose to
apply for four letter call signs, and we believe that the vast majority
of the existing 2088 LPTV stations are small businesses. These
estimates may overstate the number of small entities since the revenue
figures on which they are based do not include or aggregate revenues
from non-television affiliated companies.
15. The amended call sign rules and procedures will also affect
radio stations. The SBA defines a radio broadcasting station that has
no more than $5 million in annual receipts as a small business. A radio
broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Included in this
industry are commercial, religious, educational, and other radio
stations. Radio broadcasting stations that primarily are engaged in
radio broadcasting and that produce radio program materials are
similarly included. However, radio stations that are separate
establishments and are primarily engaged in producing radio program
material are classified under another SIC number. The 1992 census
indicates that 96 percent (5,861 of 6,127) of radio station
establishments produced less than $5 million in revenue in 1992.
Official Commission records indicate that 11,334 individual radio
stations were operating in 1992. As of August 1998, official Commission
records indicate that 12,365 radio stations were operating. We conclude
that a similarly high percentage (96 percent) of current radio
broadcasting licensees are small entities, some of which will be
affected by the amended call sign procedures. These estimates may
overstate the number of small entities since the revenue figures on
which they are based do not include or aggregate revenues from non-
radio affiliated companies.
Description of Projected Recording, Recordkeeping, and Other Compliance
Requirements
16. The measures adopted in the Report and Order will reduce the
burdens on broadcast station licensees and permittees applying for or
requesting a change in their station call signs. Replacement of the
current manual call sign assignment process with an entirely electronic
system will reduce the overall administrative burden upon both
broadcast licensees and the Commission. Given the expected benefits of
the new electronic system, all broadcast licensees and permittees will
be required to utilize the system to make call sign requests. We
believe that utilization of the new on-line system will, among other
things, increase the speed and certitude of the call sign assignment
process, conserve Commission resources, and aid licensees and
permittees by informing them of errors in their call sign requests
before they are actually sent. The measures adopted in the Report and
Order do not alter the Commission's current rules and policies
regarding call signs (such as what constitutes a valid call sign), but
modify the procedures by which call signs are assigned.
Steps Taken To Minimize Significant Economic Impact on Small Entities
and Significant Alternatives Considered
17. This Report and Order implements the Mass Media Bureau's new
on-line call sign reservation system. Given the expected benefits of
the new electronic system for both broadcast station licensees and the
Commission, we determined to require all broadcast licensees and
permittees to utilize the system for reserving call signs. No comments
were submitted opposing mandatory use of the electronic call sign
system, and none contended that use of the system would impose a
significant economic impact on small entities, although one
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commenter supported a phase in period before use of the system would
become mandatory. Given the significant inefficiencies, for both
licensees and the Commission, associated with maintaining a manual call
sign request system following the implementation of our new electronic
system, we declined to adopt a phase in period for the new on-line
system. However, as we seek to avoid any disruption to broadcast
licensees and permittees (particularly small or rural broadcasters) who
may not have ready access to the Internet, we will allow applicants to
request a waiver of our requirement to utilize the on-line system to
make call sign requests.
Report to Congress
18. The Commission will send a copy of the Report and Order,
including this FRFA, in a report to be sent to Congress pursuant to the
Small Business Regulatory Enforcement Fairness Act of 1996. See 5
U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of
the Report and Order, including the FRFA, to the Chief Counsel for
Advocacy of the SBA.
19. Authority for issuance of this Report and Order is contained in
Sections 4(i), 4(j) and 303 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j) and 303.
List of Subjects in 47 CFR parts 73 and 74
Radio broadcasting, Reporting and recordkeeping requirements,
Television broadcasting.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Parts 73 and 74 of Chapter I of Title 47 of the Code of Federal
Regulations are amended as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, and 336.
2. Section 73.3550 is revised to read as follows:
Sec. 73.3550 Requests for new or modified call sign assignments.
(a) All requests for new or modified call sign assignments for
radio and television broadcast stations shall be made via the FCC's on-
line call sign reservation and authorization system accessible through
the Internet's World Wide Web by specifying http://www.fcc.gov.
Licensees and permittees may utilize this on-line system to determine
the availability and licensing status of any call sign; to select an
initial call sign for a new station; to change a station's currently
assigned call sign; to modify an existing call sign by adding or
deleting an ``-FM'' or ``-TV'' suffix; to exchange call signs with
another licensee or permittee in the same service; or to reserve a
different call sign for a station being transferred or assigned.
(b) No request for an initial call sign assignment will be accepted
from a permittee for a new radio or full-service television station
until the FCC has granted a construction permit. Each such permittee
shall request the assignment of its station's initial call sign
expeditiously following the grant of its construction permit. All
initial construction permits for low power TV stations will be issued
with a five-character low power TV call sign, in accordance with
Sec. 74.783(d) of this chapter.
(c) Following the filing of a transfer or assignment application,
the proposed assignee/transferee may request a new call sign for the
station whose license or construction permit is being transferred or
assigned. No change in call sign assignment will be effective until
such transfer or assignment application is granted by the FCC and
notification of consummation of the transaction is received by the FCC.
(d) Where an application is granted by the FCC for transfer or
assignment of the construction permit or license of a station whose
existing call sign conforms to that of a commonly-owned station not
part of the transaction, the new licensee of the transferred or
assigned station shall expeditiously request a different call sign,
unless consent to retain the conforming call sign has been obtained
from the primary holder and from the licensee of any other station that
may be using such conforming call sign.
(e) Call signs beginning with the letter ``K'' will not be assigned
to stations located east of the Mississippi River, nor will call signs
beginning with the letter ``W'' be assigned to stations located west of
the Mississippi River.
(f) Only four-letter call signs (plus an LP suffix or FM or TV
suffixes, if used) will be assigned. However, subject to the other
provisions of this section, a call sign of a station may be conformed
to a commonly owned station holding a three-letter call sign assignment
(plus FM, TV or LP suffixes, if used).
(g) Subject to the foregoing limitations, applicants may request
call signs of their choice if the combination is available. Objections
to the assignment of requested call signs will not be entertained at
the FCC. However, this does not hamper any party from asserting such
rights as it may have under private law in some other forum. Should it
be determined by an appropriate forum that a station should not utilize
a particular call sign, the initial assignment of a call sign will not
serve as a bar to the making of a different assignment.
(h) Stations in different broadcast services (or operating jointly
in the 535-1605 kHz band and in the 1605-1705 kHz band) which are under
common control may request that their call signs be conformed by the
assignment of the same basic call sign if that call sign is not being
used by a non-commonly owned station. For the purposes of this
paragraph, 50% or greater common ownership shall constitute a prima
facie showing of common control.
(i) The provisions of this section shall not apply to International
broadcast stations or to stations authorized under part 74 of this
chapter (except as provided in Sec. 74.783).
(j) A change in call sign assignment will be made effective on the
date specified in the postcard acknowledging the assignment of the
requested new call sign and authorizing the change. Unless the
requested change in call sign assignment is subject to a pending
transfer or assignment application, the requester is required to
include in its on-line call sign request a specific effective date to
take place within 45 days of the submission of its electronic call sign
request. Postponement of the effective date will be granted only in
response to a timely request and for only the most compelling reasons.
(k) Four-letter combinations commencing with ``W'' or ``K'' which
are assigned as call signs to ships or to other radio services are not
available for assignment to broadcast stations, with or without the ``-
FM'' or ``-TV'' suffix.
(l) Users of nonlicensed, low-power devices operating under part 15
of this chapter may use whatever identification is currently desired,
so long as propriety is observed and no confusion results with a
station for which the FCC issues a license.
(m) Where a requested call sign, without the ``-FM,'' ``-TV'' or
``-LP'' suffix, would conform to the call sign of any other non-
commonly owned station(s) operating in a different service, an
applicant utilizing the on-line reservation and authorization system
will be required to certify that consent to use the secondary call sign
has been obtained from the holder of the primary call sign.
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PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
3. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307, and 554.
4. Section 74.783 is amended by revising paragraph (e) to read as
follows:
Sec. 74.783 Station identification.
* * * * *
(e) Low power TV permittees or licensees may request that they be
assigned four-letter call signs in lieu of the five-character alpha-
numeric call signs described in paragraph (d) of this section. Parties
requesting four-letter call signs are to follow the procedures
delineated in Sec. 73.3550 of this chapter. Such four-letter call signs
shall begin with K or W; stations west of the Mississippi River will be
assigned an initial letter K and stations east of the Mississippi River
will be assigned an initial letter W. The four-letter call sign will be
followed by the suffix ``-LP.''
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[FR Doc. 98-34237 Filed 12-28-98; 8:45 am]
BILLING CODE 6712-01-P
