[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28768]
[[Page Unknown]]
[Federal Register: December 7, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 73, and 74
[MM Docket No. 92-168, FCC 94-259]
Broadcast Auxiliary Services; Low Power Television and Television
and FM Radio Translator License Renewal
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission adjusts the renewal schedule of FM radio and
television (LPTV) stations to correspond with the renewal schedule of
full service radio or television stations operating in the same state.
The Commission also eliminates FCC Form 348 and revises FCC Form 303-S
to include information requrest formerly included in Form 348. These
actions are intended to decrease the administrative and paperwork
burden on those licensees who own full service stations and LPTV or
translator stations in the same but who must, under the current rules,
file separate renewal application on different dates for each station.
EFFECTIVE DATE: These amendments to parts 1, 73, and 74 contain
information collection requirements. They are not effective until
approval of the Form 303-S revisions by the Office of Management and
Budget. The Commission will publish notice of the effective date of
these amendments when the required approval is received.
FOR FURTHER INFORMATION CONTACT:
Roger Holberg or Rita McDonald, 202/632-7792.
SUPPLEMENTARY INFORMATION: Public reporting burden for this collection
of information is estimated to vary from 1 hour to 4 hours 30 minutes
per response with an average of 1 hour 2 minutes per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this
burden estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Federal
Communications Commission, Records Management Division, Washington, DC
20554, and to the Office of Management and Budget, Paperwork Reduction
Project (3060-0110), Washington, DC 20503.
This is a synopsis of the Report and Order in MM Docket No. 92-168,
FCC 94-259, adopted October 12, 1994, and released November 4, 1994.
The complete text of this Report and Order is available for inspection
and copying during normal business hours in the FCC Reference Center
(room 239), 1919 M Street, NW., Washington, DC, and also may be
purchased from the Commission's copy contractor, International
Transcription Service, at (202) 857-3800, 2100 M Street, NW., suite
140, Washington, DC 20037.
Synopsis of the Report and Order
1. The Commission changes the license renewal dates of FM radio and
television translator stations and low power television (LPTV) stations
licensed under Part 74 of the Commission's Rules, to coincide with
those of full service radio or television stations operating in the
same state. The Commission also eliminates FCC Form 348, Application
for Renewal of a Low Power TV, TV Translator, or FM Translator Station
License, and revises FCC Form 303-S, Application for Renewal of License
for Commercial and Noncommercial Educational AM, FM and TV Broadcast
Stations, to include information requests formerly included in Form
348. These form revisions will permit translator stations co-owned with
primary stations in the same state which rebroadcast the signal of the
primary station to file for license renewal on a single application
form with their primary station.
2. The majority of parties commenting in response to the Notice of
Proposed Rule Making (MPRM)\1\ agreed with the Commission's initial
view that conforming the renewal dates for full service and for FM and
TV translators and LPTV stations in the same state would streamline the
license renewal process, eliminate paperwork burdens on licensees and
on the Commission, and simplify the renewal process for interested
members of the public. By coordinating the renewal cycles and merging
the application forms, the Commission anticipates saving licensees who
own both full service stations and LPTV or translator stations in the
same state, time spent in providing duplicate renewal information, and
avoiding confusion as to the correct renewal dates. These revisions
should also save Commission staff resources by reducing the likelihood
of a licensee filing an application at the wrong time, which must then
be returned by the Commission.
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\1\57 FR 36378 (August 13, 1992).
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3. The NPRM noted that the transition to a revised renewal schedule
would entail a one-time additional burden on cerain LPTV and translator
stations whose license come up for renewal before those of the full
service stations in their state. More particularly, it would result in
some LPTV and translator stations receiving short term renewals in
order to synchronize their renewal cycles with those of full service
stations in their states. In order to allow such stations to file for
renewal coincident with the renewal dates of full service stations in
the same states, the NPRM discussed alternatives that would would avoid
this situation. The Commission rejected one option, to allow such
licensees to file for translator or LPTV renewal at their normal
scheduled date, but with their next succeeding renewal date set to
correspond with those of full service stations in their state. This
option was dismissed because some licenses granted in this manner would
run for a term beyond the maximum five or seven years (for TV and radio
station licenses, respectively) prescribed in Section 307(c) of the
Communications Act.
4. The NPRM suggested that, instead, such LPTV and translator
stations could file for renewal twice during the transition period to
the new schedule, once at their normal renewal time (for a short term
license) and again when the full service stations in their states
became due for renewal. This alternative would avoid conflict with
Section 307(c), but concerned some of the commenters because it would
force some licensees to file for renewal in as short a period as eight
months, entailing additional administrative and cost burdens and
providing additional opportunity for renewal challenges. Such parties
believe that the additional risks and burdens outweigh the benefits to
be gained from allowing full service station licensees to file full
service, low power, and translator renewal applications at the same
time.
5 The Commission believes that substantial savings to the
Commission, broadcasters, and the public can be realized by conforming
the renewal dates for translator and low power television stations to
those for full service stations of the appropriate service (i.e., radio
or television) in the same state. We expect these savings to include a
streamlined renewal process, the elimination of needless paperwork
burdens and a reduction in the incidence of filing errors. Accordingly,
we will grant translator and LPTV applicants filing for license renewal
a short term renewal with the license period extending only until the
end of the license period for full service stations of the relevant
type located in the same state; at that time they will have to file
again for a full term license renewal. The Commission recognizes that
this action will require two renewal applications to be filed by some
translator and low power licensees within a brief period of time.
However, this is a modest, one-time cost that is more than
counterbalanced by the long term savings that will accrue from the
synchronization of renewal schedules and consolidation of forms that
this action will achieve. Additionally, the Commission believes that
the fear expressed by some commenters that accelerated renewal filings
will be subject to increased renewal challenges appears to be one more
of perception than substance. Only 3 challenges to LPTV station
renewals were filed during the last renewal cycle (1991-1994); two of
those were subsequently withdrawn. In the 1988-1991 renewal cycle fewer
than six challenges were filed against translator applications.
6. Although, as discussed in detail in the full text of this
decision, there does not appear to be any way to avoid the above-
described one-time additional short term renewal for translators and
LPTV stations located in some states without violating either Section
307(c) or 309 of the Communications Act of 1934 as amended (the Act),
to alleviate the extra burden on some licensees, pursuant to Section
8(d)(2) of the Act, the Commission will waive the application fees for
any translator or LPTV license renewal application that is required by
this action to be filed within 26 months of the station's most recent
prior renewal filing. In situations where full service stations must
file for renewal prior to translator and LPTV stations in their state,
the Commission will permit but not require the translator and LPTV
stations to file an early renewal to place them on the same renewal
schedule as full service stations in their state. The Commission
strongly encourages translators and LPTV stations to file coincident
with the corresponding full service stations for that state. By doing
so, translator stations commonly-owned with primary stations in the
same state which rebroadcast the signals of the primary station can
realize the benefit of filing for renewal on a single application form
in the upcoming renewal cycle as opposed to waiting until the following
cycle. Licensees of translator and LPTV stations that do not elect to
take advantage of this option will be required to file for license
renewal at the time presently required by their license authorization.
In this latter case, shorter term renewals will be issued for periods
to expire coincident with the expiration date for full service station
licenses in that state.
7. In a related matter, one commenter, the National Association of
Broadcasters (NAB) requests that the Commission, in modifying FCC Form
303-S, include a certification that the applicant has complied with all
relevant FM translator rules, particularly those relating to funding
and support. In amending the Form 303-S as a result of the instant
proceeding, the Commission will add to the form a certification
related, but not identical, to that requested by NAB.
Administrative Matters
Final Regulatory Flexibility Analysis
8. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.
605, it is certified that this decision will have an one time negative
impact on some small television and FM radio translators and low power
television stations. As detailed in the full text of the Report and
Order, low power television and FM radio and television translator
licensees whose licenses expire before the renewal date of their full
service counterparts in the same state will have to file for renewal
twice, once at their normal time and once when the full service
stations in their states are due for renewal. To alleviate this burden,
the Commission will waive the application fees for any translator or
low power television license renewal application that is required by
this action to be filed within 26 months of the station's most recent
prior renewal filing. The Commission believes that the advantages of
allowing FM and television translators and low power television
licensees to file at the same time as their full service counterparts
in the same states outweigh the one time administrative burden
necessary to bring such stations into their full service counterparts'
renewal cycle. The full text of the Commission's final regulatory
flexibility analysis may be found in paragraphs 11-13 of the text of
the Commission's decision.
Ordering Clauses
9. Accordingly, it is ordered, Pursuant to Sections 4(i) and 303 of
the Communications Act of 1934, as amended, that Parts 1, 73 and 74 of
the Commission's Rules are amended as indicated below, effective upon
approval of the form revisions by the Office of Management and Budget.
10. It is further ordered, That FCC Form 348 is eliminated and FCC
Form 303-S is amended as indicated below. These form amendments are
contingent on approval of the Office of Management and Budget, and
therefore will become effective upon such approval.
List of Subjects
47 CFR Part 1
Reporting and recordkeeping requirements.
47 CFR Part 73
Radio broadcasting. Television broadcasting.
47 CFR Part 74
Radio broadcasting, Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Amendatory Text
Title 47, Parts 1, 73, and 74 of the Code of Federal Regulations
are amended as follows:
PART 1--COMMISSION ORGANIZATION
1. The authority citation for Part 1 continues to read as follows:
Authority: 47 USC 151. 154.303. amd 309(j), unless otherwise
noted.
Sec. 1.1104 [Amended]
2. Section 1.1104 is amended by removing all references to FCC Form
No. 348 throughout the section and adding in its place FCC Form No.
303-S.
3. Section 1.2003 is amended by revising the reference to FCC 303-S
and by removing the reference to FCC 348 to read as follows:
Sec. 1.2003 Applications affected.
* * * * *
FCC 303-S Application for Renewal of License for AM, FM, TV,
Translator, or LPTV Station;
* * * * *
PART 73--RADIO BROADCAST SERVICES
4. The authority citation for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334.
5. Section 73.1020 is amended by revising paragraphs (a)(1) through
(a)(18) to read as follows:
Sec. 73.1020 Station license period.
(a) * * *
(1) Maryland, District of Columbia, Virginia and West Virginia:
(i) Radio stations, October 1, 1995.
(ii) Television stations, October 1, 1996.
(2) North Carolina and South Carolina:
(i) Radio stations, December 1, 1995.
(ii) Television stations, December 1, 1996.
(3) Florida, Puerto Rico and the Virgin Islands:
(i) Radio stations, February 1, 1996.
(ii) Television stations, February 1, 1997.
(4) Alabama and Georgia:
(i) Radio stations, April 1, 1996.
(ii) Television stations, April 1, 1997.
(5) Arkansas, Louisiana and Mississippi:
(i) Radio stations, June 1, 1996.
(ii) Television stations, June 1, 1997.
(6) Tennessee, Kentucky and Indiana:
(i) Radio stations, August 1, 1996.
(ii) Television stations, August 1, 1997.
(7) Ohio and Michigan:
(i) Radio stations, October 1, 1996.
(ii) Television stations, October 1, 1997.
(8) Illinois and Wisconsin:
(i) Radio stations, December 1, 1996.
(ii) Television stations, December 1, 1997.
(9) Iowa and Missouri:
(i) Radio stations, February 1, 1997.
(ii) Television stations, February 1, 1998.
(10) Minnesota, North Dakota, South Dakota, Montana and Colorado:
(i) Radio stations, April 1, 1997.
(ii) Television stations, April 1, 1998.
(11) Kansas, Oklahoma and Nebraska:
(i) Radio stations, June 1, 1997.
(ii) Television stations, June 1, 1998.
(12) Texas:
(i) Radio stations, August 1, 1997.
(ii) Television stations, August 1, 1998.
(13) Wyoming, Nevada, Arizona, Utah, New Mexico and Idaho:
(i) Radio stations, October 1, 1997.
(ii) Television stations, October 1, 1998.
(14) California:
(i) Radio stations, December 1, 1997.
(ii) Television stations, December 1, 1998.
(15) Alaska, American Samoa, Guam, Hawaii, Mariana Islands, Oregon
and Washington:
(i) Radio stations, February 1, 1998.
(ii) Television stations, February 1, 1999.
(16) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island
and Vermont:
(i) Radio stations, April 1, 1998.
(ii) Television stations, April 1, 1999.
(17) New Jersey and New York:
(i) Radio stations, June 1, 1998.
(ii) Television stations, June 1, 1999.
(18) Delaware and Pennsylvania:
(i) Radio stations, August 1, 1998.
(ii) Television stations, August 1, 1999.
* * * * *
6. Section 73.3500 is amended by revising the reference to Form
303-S and removing the reference to Form 348 to read as follows:
Sec. 73.3500 Application and report forms.
* * * * *
303-S Application for Renewal of License for AM, FM, TV,
Translator, or LPTV Station.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, AND SPECIAL BROADCAST AND
OTHER PROGRAM DISTRIBUTIONAL SERVICES
7. 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.
8. The heading for Part 74 is revised to read as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
9. Section 74.15 is amended by revising paragraph (d) to read as
follows:
Sec. 74.15 Station license period.
* * * * *
(d) Initial licenses for low power TV, TV translator FM translator
stations will ordinarily be issued for a period running until the date
specified in Section 73.1020 of this chapter for full service stations
operating in their State or Territory, or if issued after such date, to
the next renewal date determined in accordance with Section 73.1020 of
this Chapter. Lower power TV and TV translator station licenses will
ordinarily be renewed for 5 years and FM translator station license
will be renewed for 7 years. However if the FCC finds that the public
interest or necessity will be served, it may issue either an initial
license or a renewal thereof for a lesser term. The FCC may also issue
a license renewal for a shorter term if requested by the applicant. The
time of expiration of all licenses will be 3 a.m. local time, on the
following dates, and thereafter to the schedule for full service
stations in their states as reflected in Section 73.1020 of this
Chapter:
(1) Nevada:
(i) FM translators, February 1, 1997.
(ii) LPTV and TV translator, February 1, 1998.
(2) California:
(i) FM translators, April 1, 1997.
(ii) LPTV and TV translators, April 1, 1998
(3) Maine, Vermont, New Hampshire, Massachusetts, Connecticut,
Rhodes Island, New York, New Jersey, Pennsylvania, Maryland, Delaware,
West Virginia, Ohio and the District of Colbumia:
(i) FM translators, June 1, 1997
(ii) LPTV and TV translators, June 1, 1998
(4) Virginia, North Carolina, South Carolina, Georgia, Florida,
Alabama, Mississippi, Louisiana, Arkansas, Missouri, Kentucky,
Tennessee, Indiana, Illinois, Michigan, Wisconsin, Pureto Rico and the
Virgin Islands:
(i) FM translators, August 1, 1997
(ii) LPTV and TV translators, August 1, 1998
(5) Oklahoma and Texas:
(i) FM translators, October 1, 1997
(ii) LPTV and TV translators, October 1, 1998
(6) Kansas and Nebraska:
(i) FM translators, December 1, 1997
(ii) LPTV and TV translators, December 1, 1998
(7) Iowa and South Dakota:
(i) FM translators, February 1, 1998
(ii) LPTV and TV translators, February 1, 1999
(8) Minnesota and North Dakota:
(i) FM translators, April 1, 1998
(ii) LPTV and TV translators, April 1, 1999
(9) Wyoming:
(i) FM translators, June 1, 1998
(ii) LPTV and TV translators, June 1, 1999
(10) Montana:
(i) FM translators, August 1, 1998
(ii) LPTV and TV translators, August 1, 1999
(11) Idaho:
(i) FM translators, October 1, 1995
(ii) LPTV and TV translators, October 1, 1996
(12) Washington:
(i) FM translators, December 1, 1995
(ii) LPTV and TV translators, December 1, 1996
(13) Oregon:
(i) FM translators, February 1, 1996
(ii) LPTV and TV translators, February 1, 1997
(14) Alaska, American Samoa, Guam, Mariana Islands and Hawaii:
(i) FM translators, April 1, 1996
(ii) LPTV and TV translators, April 1, 1997
(15) Colorado:
(i) FM translators, June 1, 1996
(ii) LPTV and TV translators, June 1, 1997
(16) New Mexico:
(i) FM translators, August 1, 1996
(ii) LPTV and TV translators, August 1, 1997
(17) Utah:
(i) FM translators, October 1, 1996
(ii) LPTV and TV translators, October 1, 1997
(18) Arizona:
(i) FM translators, December 1, 1996
(ii) LPTV and TV translators, December 1, 1997
* * * * *
10. The Note following Section 74.733 is amended by removing the
reference to 348 and adding in its place 303-S.
Note.--The following form will not appear in the Code of Federal
Regulations.
Instructions for FCC 303-S--Application for Renewal of License for AM,
FM, TV, translators, or LPTV Station
(FCC FORM 303-S Attached)
A. This form is to be used in applying for renewal of license
for a commercial or noncommercial AM, FM or TV broadcast station and
FM translator, TV translator or Low Power TV broadcast station. It
is also to be used in seeking the joint renewal of licenses for an
FM or TV translator station and its co-owned primary FM, TV or LPTV
station.
B. FCC Form 303-S consists of Sections I, II, III, IV, and V.
Those Sections which do not apply to the station license being
renewed should not be submitted as part of your application. Submit
relevant sections only.
All applicants must complete and submit Sections I, II
and V of this form.
Applicants seeking to renew only an AM, FM or TV
station license must ALSO complete and submit Section III.
Applicants seeking to renew only an FM translator, TV
translator or Low Power TV station license must ALSO complete and
submit Section IV.
Applicants seeking to renew the licenses of both a
translator (FM and TV) and coowned primary FM, TV or LPTV station on
the same form should complete and submit ALL sections of this
application.
C. References to FCC Rules are made in this application form.
Before filling it out, the applicant should have on hand and be
familiar with the current broadcast, translator and LPTV rules,
which are contained in 47 Code of Federal Regulations. (CFR):
(1) Part 0 ``Commission Organization''
(2) Part 1 ``Practice and Procedure''
(3) Part 17 ``Construction, Marking, and Lighting of Antenna
Structures''
(4) Part 73 ``Radio Broadcast Services''
(5) Part 74 ``Experimental, Auxiliary, and Special Broadcast and
Other Program Distributional Services''
FCC Rules may be purchased from the Government Printing Office,
Washington, DC 20402. You may telephone the GPO Order desk at (202)
783-3238 for current prices.
D. An original and one complete copy of the 303-S renewal
application, including all exhibits, must be prepared for each
station license to be renewed, except that an original and one
complete copy, including all exhibits, can be filed for the joint
renewal of licenses for a translator and the translator's commonly
owned primary station. The application with all required exhibits
should be filed with the Federal Communications Commission in the
manner and at the location specified in 47 CFR 0.401.
E. Replies to questions in this form and the applicant's
statements constitute representations on which the FCC will rely in
considering the application. Thus, time and care should be devoted
to all replies, which should reflect accurately the applicant's
responsible consideration of the questions asked. Include all
information called for by this application. If any portions of the
application are not applicable, so state. Defective or incomplete
applications will be returned without consideration. Furthermore,
inadvertently accepted applications are subject to dismissal.
F. In accordance with 47 CFR 1.65, the applicant has a
continuing obligation to advise the Commission, through amendments,
of any substantial and significant changes in the information
furnished.
Section I--Fee Information
By law, the Commission is required to collect charges for
certain of the regulatory services it provides to the public.
Generally, applicants seeking to renew the license for a commercial
AM, FM, TV, FM translator, TV translator or Low Power TV station are
required to pay and submit a fee with the filing of FCC Form 303-S.
However, governmental entities, which include any possession, state,
city, county, town, village, municipal organization or similar
political organization or subpart thereof controlled by publicly
elected and/or duly appointed public officials exercising sovereign
direction and control over their respective communities or programs,
are exempt from the payment of this fee. Also exempted from this fee
are licensees of noncommercial educational radio or television
broadcast stations. (This includes licensees of noncommercial
educational FM and full service TV broadcast stations seeking
renewal of the licenses for their translator or low power TV
stations provided those stations operate on a noncommercial
educational basis. Low Power TV or TV translator stations that
rebroadcast the programming of a primary noncommercial educational
station, but are not co-owned by the licensee of such a station, are
required to file fees. In addition, noncommercial FM translators
operating on a non-reserved channel (CH 221-300), and that are not
co-owned by the licensee of the primary noncommercial educational
station, are also required to file fees.) Renewal applicants that
earlier obtained either a fee refund because of an NTIA facilities
grant for the stations or a fee waiver because of demonstrated
compliance with the eligibility and service requirements of 47 CFR
73.503 or 73.621, and that continue to operate those stations on a
noncommercial basis, are similarly exempted from this fee. See 47
CFR 1.1112. To avail itself of any fee exemption, the renewal
applicant must indicate its eligibility by checking the appropriate
box in Question 2(B), Section I. FCC Form 303-S applications NOT
involving the payment of a fee can be hand-delivered or mailed to
the FCC's Washington, D.C. offices. See 47 CFR 0.401(a).
The Commission's fee collection program utilizes a U.S. Treasury
lockbox bank for maximum efficiency of collection and processing.
All FCC Form 303-S applications, which require the remittance of a
fee, must be submitted to the appropriate post office box address.
See 47 CFR 0.401(b). A listing of the required fee and the address
to which FCC Form 303-S should be mailed or otherwise delivered is
also set forth in the ``Mass Media Services Fee Filing Guide'' which
is obtained either by writing to the Commission's Form Distribution
Center, 2803 52nd Avenue, Hyattsville, Maryland 20871, or by calling
Telephone No. (202) 418-FORM and leaving your request on the
answering machine provided for this purpose. See also 47 CFR 1.1104.
Payment of any required fee must be made by check, bank draft or
money order payable to the Federal Communications Commission,
denominated in U.S. dollars, and drawn upon a U.S. financial
institution. No postdated, altered or third-party checks will be
accepted. DO NOT SEND CASH. Checks dated six months or older will
not be acceptable for filing.
Parties hand-delivering FCC Forms 303-S may receive dated
receipt copies by presenting copies of the applications to the
acceptance clerk at the time of delivery. For mailed-in
applications, a ``return copy'' of the application can be furnished
provided the applicant clearly identifies the ``return copy'' and
attaches it to a stamped, self-addressed envelope. Only one piece of
paper per application will be stamped for receipt purposes.
For further information regarding the applicability of a fee,
the amount of the fee or the payment of the fee, refer to the ``Mass
Media Services Fee Filing Guide.''
Section II--Question-By-Question Guidelines
This section must be completed and submitted by all applicants
regardless of the service of the station for which renewal is being
sought.
Question 1. The name of the licensee applicant should be stated
exactly as it appears on the station's existing license. The current
street address or post office box used by the applicant for receipt
of Commission correspondence should be set forth. If this
information has been set forth in Question 1, Section I, it need not
be repeated here.
Any change in the licensee's name, which does not involve a
change in ownership requiring prior Commission approval, can be
communicated to the Commission by letter. To report any change in
the mailing address previously used by the licensee FCC Form 5072,
entitled ``Change in Official Mailing Address for Broadcast
Station,'' should be promptly transmitted to the Commission. See 47
CFR 1.5.
Question 2. Applicants for AM, FM or TV stations should identify
whether it has been licensed by the Commission as a commercial or
noncommercial educational licensee. A licensee that merely elects to
operate its station on a noncommercial basis is not considered to be
a noncommercial educational licensee. The facility should be
described by its service, call letters, and specific community of
license or area as listed on the station's existing license. See 47
CFR 74.1201(a), 74.701(a) and 74.701(f) for definition of an FM
translator, TV translator and low power TV broadcast stations
respectively. For AM, FM or TV stations the location of the facility
should be described in terms of the specific city or community to
which the station is licensed. Translator and Low Power TV stations
should specify the area the stations are licensed to serve.
Question 3. This question must be completed by a radio or
television renewal applicant seeking to continue its authority to
operate an FM Booster or TV booster station in conjunction with the
primary station. The FM or TV booster station should be described in
terms of its call letters and the name of the specific community
which it serves.
Question 4. Aliens, foreign governments and corporations, and
corporations of which less than 80% of the capital stock is owned or
voted by U.S. citizens are prohibited from holding a broadcast
station license. Where a corporate licensee is directly or
indirectly controlled by another corporation, of which any officer
or more than 25% of the directors are aliens or of which less than
75% of that corporation's stock is owned or voted by U.S. citizens,
the Commission must consider whether denial of renewal would serve
the public interest. Licensees are expected to employ reasonable,
good faith methods to ensure the accuracy and completeness of their
citizenship representations.
Question 5. Commission policies and litigation reporting
requirements for broadcast, translator and LPTV station applicants
are directed to focusing on misconduct which violates the
Communications Act or a Commission rule or policy and on certain
specified non-FCC misconduct. In responding to Question 6,
applicants are advised that the parameters of the Commission's
policies and requirements regarding character qualifications are
fully set forth in Character Qualifications, 102 FCC 2d 1179 (1985),
reconsideration denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd
3252 (1990) and 7 FCC Rcd 6564 (1992).
For the purpose of this question, the term ``parties to the
application'' includes any individual or entity whose ownership or
positional interest in the applicant is cognizable under the
Commission's multiple ownership rules. See in this regard Report and
Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration
granted in part, 58 RR 2d 604 (1985), further modified on
reconsideration, 61 RR 2d 739 (1986).
Question 6. Each applicant should check the appropriate box to
indicate whether a Commission grant of the proposed communications
facility(ies) may or may not have a significant environmental impact
as defined by 47 CFR 1.1307. Briefly, Commission grant of an
application may have a significant environmental impact if any of
the following are proposed:
(a) A facility is to be located in sensitive areas (e.g., an
officially designated wilderness area, a wildlife preserve area, a
flood plain) or will physically or visually affect sites significant
in American history.
(b) A facility whose construction will involve significant
changes in surface features.
(c) The antenna tower and/or supporting structure(s) will be
equipped with high intensity white lights and are to be located in
residential neighborhoods.
(d) The facilities or the operation of which will cause exposure
of workers or the general public to levels of radio frequency
radiation in excess of the ``Radio Frequency Protection Guides''
recommended in ``American National Standard Safety Levels with
respect to Human Exposure to Radio Frequency Electromagnetic Fields,
300 kHz to 100 GHz,'' (ANSI C95.1-1982), by the Institute of
Electrical and Electronics Engineers, Inc., 345 East 47th Street,
New York, New York 10017.
Note: In answering this question, applicants for renewal of FM
translator stations which transmit with an effective radiated power
of 100 watts or less are excluded from the standards set forth in
subparagraph (d) above. However, in determining the appropriate
response to this question, such applicants must still perform an
analysis of the subject facilities in the context of the matters set
forth in subparagraphs (a)-(c) above.
If you answered No, a brief statement explaining the reasons why
there will not be a significant environmental impact must be
submitted. With respect to RF radiation exposure, the required
statement must include a description of the steps that have been
taken to protect the general public, station employees, and other
persons authorized access to the tower from exposure to RF radiation
levels in excess of the specified safety standards and that these
steps comply with those required by OST Bulletin No. 65, October,
1985, entitled ``Evaluating Compliance with FCC-Specified Guidelines
for Human Exposure to Radiofrequency Radiation.'' The applicant must
take into account, ALL non-excluded transmitters at and around the
station's transmitter site; that is, contributions to environmental
RF levels from all nearby radio and television stations, not just
the applicant's station, must be considered.
If you answered Yes, submit the required Environmental
Assessment (EA). The EA includes for antenna towers and satellite
earth stations:
(a) A description of the facilities, as well as supporting
structures and appurtenances, and a description of the site, as well
as the surrounding area and uses. If high intensity white lighting
is proposed or utilized within a residential area, the EA must also
address the impact of this lighting upon the residents.
(b) A statement as to the zoning classification of the site, and
communications with, or proceedings before and determinations (if
any) made by, zoning, planning, environmental or other local, state
or federal authorities on matters relating to environmental effect.
(c) A statement as to whether construction of the facilities has
been a source of controversy on environmental grounds in the local
community.
(d) A discussion of environmental and other considerations which
led to the selection of the particular site and, if relevant, the
particular facility; the nature and extent of any unavoidable
adverse environmental effects; and any alternative sites of
facilities which have been or might reasonably by considered.
The information submitted in the EA shall be factual (not
argumentative or conclusory) and concise with sufficient detail to
explain the environmental consequences and to enable the Commission,
after an independent review of the EA, to reach a determination
concerning the proposal's environmental impact, if any. The EA shall
deal specifically with any feature of the site which has special
environmental significant (e.g., wilderness area, wildlife preserve,
natural migratory paths for birds and other wildlife, and sites of
historic, architectural or archaeological value). In the case of
historically, significant sites, it shall specify the effect of the
facilities on any district, site, building, structure or object
listed in the National Register of Historic Places, 39 Fed. Reg.
6402 (February 19, 1974). It shall also detail any substantial
change in the character of the land utilized (e.g., deforestation,
water diversion, wetland fill, or other extensive change of surface
features). In the case of wilderness areas, wildlife preserves, or
other like areas, the statement shall discuss the effect of any
continuing pattern of human intrusion into the area (e.g.,
necessitated by the operation and maintenance of the facilities).
The EA shall also be accompanied with evidence of site approval
which has been obtained from local or federal land use authorities.
To the extent that such information is submitted in another part
of the application, it need not be duplicated in the EA, but
adequate cross-reference to such information shall be supplied.
An EA need not be submitted to the Commission if another agency
of the Federal Government has assumed responsibility: (a) for
determining whether their facilities in question will have a
significant effect on the quality of the human environment and, (b)
if it will affect the environment, for invoking the environmental
impact statement process.
Section III--Question-By-Question Guidelines
The section must be completed and submitted only by applicants
for AM, FM, or TV broadcast stations.
Question 1(a). Licensees of noncommercial educational and
commercial radio and television broadcast stations are required by
Commission regulation (47 C.F.R. Section 73.2080) to afford equal
employment opportunity to all qualified persons and to refrain from
discriminating in employment and related benefits on the basis of
race, color, religion, national origin or sex. In conjunction
therewith, every station with five or more full-time employees must
file an employment report on or before May 31 of each year,
identifying the station's staff by gender, race, or color and/or
national origin in each of nine major job categories. See 47 C.F.R.
Section 73.3612.
In addition, all AM, FM, and TV stations must file an original
and one copy of an Equal Employment Opportunity Report (FCC From
396) with their renewal application. The EEO form is required of all
such licensees even where they do not employ five or more full-time
employees or where there are less than 5% minorities in the labor
force (however, in such cases you need only complete the first 2
pages of the EEO form).
Question 1(b). Each noncommercial educational broadcast station
licensee is required to submit a current and complete ownership
report (FCC Form 323-E) with its station's renewal application. See
47 C.F.R. Section 73.361(d). In such cases, the question should be
answered affirmately. However, if the Form 323-E submitted with the
station's last renewal application is ``up-to-date'' and has been
amended, a new ownership report need not be filed with the current
renewal application. The applicant should then answer the question
negatively and supply the filing date of that report and the call
letters of the station for which it was submitted. An ``up-to-date''
Form 323-E ownership report is one that is current for each question
on that report.
A commercial broadcast station licensee is required to submit a
current and complete ownership report (FCC Form 323) once each year
on the anniversary of the date that its license renewal application
is required to be filed. See 47 C.F.R. Section 73.3615(a). Licensees
of multiple commercial broadcast stations with different renewal
anniversary filing dates may elect a single date to submit
information, but the ownership reports may not be submitted more
than one year apart. If no charges have occurred, the licensee may
submit a written certification to that fact, instead of filing a new
Form 323 each year. In addition, where the licensee is a partnership
composed entirely of natural persons, the annual reporting
requirements does not apply. Similarly, sole proprietorships are
exempt from the requirement to file annually.
All commercial broadcast station licensee that are not exempt
from the annual reporting program are required to file Form 323
SEPARATELY from their renewal applications. The annual ownership
report (Form 323 or written certification), accompanied by its
requisite fee payment for each station covered by that report,
should be sent to the U.S. Treasury lockbox bank at the appropriate
address and in the manner specified in the ``Mass Media Services Fee
Filing Guide.'' Additional information regarding the submission of
this report us set fort in the Commission's Public Notice of June 6,
1990, entitled ``Broadcast Annual Ownership Report.''
Question 2. A licensee must maintain certain documents
pertaining to its station in a file which is usually kept at the
station's main studio or other accessible place in the community of
licensee. The file must be available for inspection by anyone during
regular business hours. The documents to be maintained generally
include applications for a construction permit and for licensee
renewal, assignment or transfer of control; ownership and employment
reports; and quarterly lists of the community issues most
significantly addressed by the station's programming during the
preceding three months. In addition, commercial television licensees
only are required to maintain a make available to the public certain
records regarding children's programming and the amount of
commercial matter aired during the station's broadcast of children's
programming. A complete listing of the required documents and their
mandatory retention periods is set forth in 47 C.F.R. Section
734.3526 and 73.3527.
Question 3. This question should be completed only by a
commercial radio or television renewal applicant. Licensees for
these stations should not that anytime it finds it necessary to
cease broadcasting it must notify the Commission's Washington, D.C.
office, by letter, not later than the 120th day of discontinued
operation. Further, if a licensee finds it necessary to cease
broadcasting in excess of 30 days, it must, no later than the 30th
day of the station being silent, submit a letter request (no filing
fee is required) to the Commission's Washington, D.C. office for
temporary authority to remain silent. The request must include the
date the station ceased broadcasting; a detailed explanation of the
reason why it was necessary to take the station off the air; efforts
being made to restore service; and the date by which resumption of
operation is anticipated. The request must also include a
certification relating to Section 5301 of the Anti-Drug Abuse Act of
1988 (See, as an example, Section V, Certification (1), of the
Form). Extensions of temporary authority to remain silent and must
be timely requested if station operations do not resume within the
time given. Licensees must notify the Commission's Washington, D.C.
office, by letter, once operations have resumed, giving the date
that operations resumed. See 47 C.F.R. Sections 73.1740 and 73.1750.
Question 4. This question should be completed by commercial TV
applicants only. Programming directed to the educational and
information needs of children is an identifiable unit of program
material that is not a comical or promotional announcement, that is
originally produced and broadcast for an audience of children 16
years of age and under, and that furthers, the positive development
of the child in any respect, including, but not limited to, the
child's cognitive/intellectual or emotional/social needs.
Questions 4(b) and (c). Commercial television licensees must
limit the amount of commercial matter in ``children's programming'',
which is defined for this purpose as programming originally produced
and broadcast primarily for an audience of children 12 years of age
and under. The children's programming commercial limitations are not
more than 12 minutes of commercial mater per hour on weekdays and no
more than 10.5 minutes of commercials on weekends. The commercial
limits also apply pro rata to children's programs which are 5
minutes or more and which are not part of a longer block of
children's programming. There are no restrictions on how commercial
within the limits are configured within an hour's block of
children's programming. i.e., it is not necessary to prorate the
commercial limits for separate children's programs within the hour.
Section IV--Question-by-Question Guidelines
This section must be completed and submitted only by applicants
for FM or TV translator or LPTV broadcast station.
Question 1. An FM or TV translator or LPTV station is expected
to provide continuous service except where cases beyond its control
warrant interruption. Where causes beyond the control of the
licensee make it impossible to continue operation, the station may
discontinue operation for a period of 30 days without further
authority from the FCC. However, notification if the discontinuance
must be sent to the FCC in Washington, D.C. no later than 10 days
after the discontinued operation. (See Section III, Question 3 of
these Instructions for procedures for requesting temporary authority
to remain silent if the licensee finds it necessary to cease
training for more than 30 days.) Failure to operate for a period of
30 days of more, except for causes beyond the control of the
licensee, shall be deemed evidence of discontinuation of operation
and the license of the translator or LPTV station may be canceled at
the discretion of the FCC. See 47 C.F.R. Sections 74.763 and
74.1263.
Questions 2 and 3. Section 325(a) of the Communications Act of
1934, as amended, prohibits the rebroadcast of the programs of a
broadcast station without the express authority of the originating
station. Where the renewal applicant is not the licensee of the
originating station, written authority must be obtained prior to any
rebroadcasting. Also, where the licensee has changed the station
being rebroadcast, written notification must be made to the
Commission in accordance with 47 C.F.R. Section 74.784 or 74.1251.
Question 4. This question should be answered by licensees of Low
Power TV broadcast stations only. Licensees of Low Power TV
broadcast stations are required by 47 C.F.R. Section 73.2080 to
afford equal employment opportunity to all qualified persons and to
refrain from discriminating in employment and related benefits on
the basis of race, color, religion, national origin or sex. In
conjunction with these provisions, every station with five or or
more full-time employees must file an employment report on or before
May 31 of each year, identifying the station's staff by gender,
race, color, and/or national origin in each of nine major job
categories. See 47 C.F.R. Section 73.3612.
In addition, LPTV stations must file an original and one copy of
an Equal Employment Opportunity Report (FCC Form 396) with their
renewal application. This EEO form is required of all such licensees
even where they do not employ five or more full-time employees or
where there are less than 5% minorities in the labor force (however,
in such cases you need only complete the first 2 pages of the EEO
form).
Question 5(a). The provisions of 47 C.F.R. Section 74.1232(d)
provide that an authorization for an FM translator station whose
coverage contour extends beyond the protected contour of the
commercial primary station (i.e., other area FM translator) will not
be granted to the licensee of a commercial FM radio broadcast
station, or to any person or entity having any interest or
connection with a primary FM station. For the purposes of this rule,
interested and connected parties extend to group owners, corporate
parents, shareholders, officers, directors, employees, general and
limited partners, family members and business associates.
Question 5(b). The provisions of 47 C.F.R. Section 74.1232(e)
provide that an authorization for an FM translator station whose
coverage contour extends beyond the protected contour of the
commercial primary station (i.e., other area FM translator) shall
not receive any support, before, during or after construction,
either directly or indirectly, from the commercial primary FM radio
broadcast station, or from any person or entity having any interest
or connection with the primary FM station. For the purposes of this
rule, interested and connected parties extend to group owners,
corporate parents, shareholders, officers, directors, employees,
general and limited partners, family members and business
associates.
Section V--Question-by-Question Guidelines
This section must be completed and submitted by all applicants
regardless of the service of the station for which renewal is being
sought.
The first three questions of this Section are intended to assure
that the applicant has attached and included with its application
all Sections of this form that pertain to the particular station for
which a license renewal is sought.
Certification. As indicated above, responses to the questions
set forth in FCC Form 303-S constitute representations upon which
the Commission relies in considering whether renewal of the subject
license would be in the public interest. Upon completion of the
application form and the attached exhibits, the certification must
be dated and signed.
The original copy of FCC Form 303-S must be personally signed by
the applicant, if the applicant is an individual; by one of the
partners, if the applicant is a partnership; by an officer, if the
applicant is a corporation; by a member who is an officer, if the
applicant is an unincorporated association; by such duly elected or
appointed officials as may be competent to do so under the laws of
the applicable jurisdiction, if the applicant is an eligible
government entity; or by the applicant's attorney in case of the
applicant's physical disability or absence from the United States.
The attorney shall, in the event he/she signs for the applicant,
separately set forth the reason why the application is not signed by
the applicant. See 47 C.F.R. Section 73.3513. Original copies of
applications bearing signatures of unauthorized persons or photo or
other reproduced copies of signatures are not acceptable.
FCC Notice to Individuals Required by the Privacy Act and the Paperwork
Reduction Act
The solicitation of personal information requested in this
application is authorized by the Communications Act of 1934, as
amended. The Commission will use the information provided in the
application to determine if the benefit requested is consistent with
the public interest. In reaching that determination, or for law
enforcement purposes, it may become necessary to refer personal
information contained in this form to another government agency. In
addition, all information provided in this form will be available
for public inspection. If information requested on the form is not
provided, the application may be returned without action having been
taken upon it or its processing may be delayed while a request is
made to provide the missing information. Your response is required
to obtain the requested authorization.
Public reporting burden for this collection of information is
estimated to vary from 1 hour to 4 hours and 30 minutes per
response, with an average of 1 hour and 2 minutes per response,
including the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden to the Federal Communications Commission, Records Management
Division, Washington, DC 20554, and to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Paperwork
Reduction Project (3060-0110), Washington, DC 20503.
The foregoing notice is required by the Privacy Act of 1974,
P.L. 93-579, December 31, 1974, 5 U.S.C. 552a(e)(3), and the
Paperwork Reduction Act of 1980, P.L. 96-511, December 11, 1980, 44
U.S.C. 3507.
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[FR Doc. 94-28768 Filed 12-6-94; 8:45 am]
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