[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Rules and Regulations]
[Pages 5339-5347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2755]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MM Docket No. 96-90, FCC 97-17]
Broadcast License Terms
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: We issue this Report and Order (``R&O'') to implement Section
203 of the Telecommunications Act of 1996 (``Telecom Act'') (Broadcast
[[Page 5340]]
License Terms). Section 203 eliminates the statutory distinction
between the maximum allowable license terms for television stations and
radio stations, and provides that such licenses may be for terms ``not
to exceed 8 years.'' Amendment of the Commission's Rules is necessary
to conform them to Section 203 of the Telecom Act. In a Notice of
Proposed Rule Making published on April 23, 1996, we sought comment on
our request to amend our rules to extend broadcast license terms to 8
years, as well as on our request for implementing this change within
the framework of existing license renewal cycles.
EFFECTIVE DATE: The rule changes contained in this Report and Order
will become effective March 7, 1997.
FOR FURTHER INFORMATION CONTACT: Robert Somers, Mass Media Bureau,
Policy and Rules Division, (202) 418-2130.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Report and Order
in MM Docket No. 96-90, FCC 97-17, adopted January 23, 1997, and
released January 24, 1997. 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 (ITS), (202) 857-3800, 1919 M
Street, NW., Room 246, Washington, DC 20554.
I. Synopsis of Report and Order Extending License Terms for Broadcast
Facilities
1. On February 8, 1996, President Clinton signed into law the
Telecommunications Act of 1996 (``Telecom Act'').1 Section 203 of
the Telecom Act modifies the previous statutory provisions regarding
license terms for broadcast stations in two principal ways.2
First, it eliminates the statutory distinction between the maximum
allowable license terms for television stations and radio stations.
Second, Section 203 provides that such licenses may be for terms ``not
to exceed 8 years,'' thus increasing the previous allowable statutory
maximum terms of 5 years for television stations and 7 years for radio
stations.
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\1\ Public Law 104-104, 110 Stat. 56 (1996).
\2\ The statutory provisions governing the license terms for
broadcast stations are contained in Section 307(c) of the
Communications Act of 1934, as amended, 47 U.S.C. 307(c).
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2. On April 12, 1996, we issued a Notice of Proposed Rule Making
(``NPRM'') 3 to implement these new statutory provisions regarding
broadcast license terms. Specifically, we sought comment on our
proposals to extend broadcast license terms to 8 years, to treat all
but experimental broadcast stations uniformly for purposes of license
terms, and to maintain the existing synchronization of the broadcast
license renewal cycle based on 8-year license terms by extending the
terms of recently renewed licenses. In this Report and Order, the
Commission adopts these proposals.
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\3\ Notice of Proposed Rule Making in MM Docket No. 96-90, FCC
96-169, (released April 12, 1996), 61 FR 17864 (April 23, 1996).
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II. Background
3. Section 307(c) of the Communications Act of 1934, as amended,
(``Communications Act'') 47 U.S.C. 307(c), authorizes the Commission to
establish the period or periods for which licenses shall be granted or
renewed. Prior to the enactment of the Telecom Act, Section 307(c)
provided that the licenses of television stations, including low power
TV stations, could be issued for a term of no longer than 5 years. It
further provided that license terms for radio stations, including
auxiliary facilities, could be issued for a period not to exceed 7
years. These were the maximum allowable license terms and the
Commission had the discretion to grant or renew a broadcast license for
a shorter period if the public interest, convenience, and necessity
would be served by such action. Consistent with these statutory
provisions, Sec. 73.1020 of the Commission's Rules currently states
that ``[r]adio broadcasting stations will ordinarily be renewed for 7
years and TV broadcast stations will be renewed for 5 years. However,
if the FCC finds that the public interest, convenience and necessity
will be served thereby, it may issue either an initial license or a
renewal thereof for a lesser term.'' 47 CFR 73.1020. Section 73.1020
also sets forth a renewal schedule for broadcast stations based on the
geographical region of the country in which each station is
located.4
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\4\ Section 74.15 of the Commission's Rules, 47 CFR 74.15, sets
forth the license terms and renewal cycles for other classes of
broadcast facilities. Licenses for experimental broadcast stations
are issued for 1-year terms under Sec. 74.15(a). Under
Sec. 74.15(b), licenses for auxiliary broadcast stations or systems
are issued for a period running concurrently with the license of the
associated broadcast station with which it is licensed. Licenses for
FM and TV booster stations are issued for a period running
concurrently with the license of the primary stations with which
they are used pursuant to Sec. 74.15(c). Initial licenses for low
power TV, TV translator, and FM translator stations will ordinarily
be issued for a period running until the date specified in the
renewal cycle portion of Sec. 74.15(d) depending on the geographic
area in which the stations are located. Under our current rules, low
power TV and TV translator stations are ordinarily renewed for 5
years, and FM translator stations are ordinarily renewed for 7
years. Section 73.733 of the Commission's Rules, 47 CFR 73.733, sets
forth the license terms for international broadcasting stations,
which are normally issued for a term of 7 years.
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4. Section 203 of the Telecom Act amends Section 307(c) of the
Communications Act to read as follows:
Each license granted for the operation of a broadcasting station
shall be for a term of not to exceed 8 years. Upon application
therefor, a renewal of such license may be granted from time to time
for a term of not to exceed 8 years from the date of expiration of
the preceding license, if the Commission finds that public interest,
convenience, and necessity would be served thereby. Consistent with
the foregoing provisions of this subsection, the Commission may by
rule prescribe the period or periods for which licenses shall be
granted and renewed for particular classes of stations, but the
Commission may not adopt or follow any rule which would preclude it,
in any case involving a station of a particular class, from granting
or renewing a license for a shorter period than that prescribed for
stations of such class if, in its judgment, the public interest,
convenience, or necessity would be served by such action.
III. Discussion
5. Comments. Most commenters, including the National Broadcasting
Company (``NBC''), Capital Cities/ABC, Inc. (``ABC''), the National
Association of Broadcasters (``NAB''), and the Association of Local
Television Stations (``ALTV''), support our proposal for 8-year license
terms and agree with the rationale set forth in the NPRM. Two parties,
the Media Access Project and the Center for Media Education (``MAP/
CME''), filed joint comments disagreeing with our proposal and
rationale for 8-year license terms. According to MAP/CME, the
Commission should exercise its discretion to extend license terms only
if it adds quantitative requirements for locally originated programming
addressing community issues, news, and children's educational
programming. MAP/CME also assert that the Commission's rationale
improperly focuses on the best interests of broadcasters rather than on
the public interest. We address these comments in the course of the
substantive discussion below.
6. License Terms for Full Service Broadcast Stations. The Telecom
Act eliminated the statutory distinction between television and radio
services for purposes of establishing the maximum allowable license
terms. In this regard, the legislative history states:
[[Page 5341]]
``By applying a uniform license term * * * for all broadcast station
licenses, the Committee simply recognizes that there is no reason for
longer radio license terms than for television licenses. The Committee
intends that applying a uniform license term * * * for radio and
television licenses will enable the Commission to operate more
efficiently in the awarding of new or renewed licenses for all
broadcast licenses.'' H.R. Rep. No. 104-204, Section 304, 104th Cong.,
1st Sess. 122 (1995). The NPRM proposed to eliminate the current
distinction in our rules between the license terms for full service
broadcast television stations and radio stations.5 No commenter
takes issue with this proposal. Indeed, eliminating this distinction
would help to streamline the licensing process and better utilize the
administrative resources of both licensees and the Commission.
Accordingly, we hereby amend Section 73.1020 of the Commission's Rules,
47 CFR 73.1020, to eliminate any distinction between full service
television and radio stations for purposes of establishing the maximum
allowable license terms.
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\5\ NPRM at para. 6.
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7. In addition to eliminating the distinction between full service
television and radio station licenses, we also believe it is in the
public interest to adopt our proposal in the NPRM to provide that these
licenses ordinarily have the maximum 8-year term authorized under the
Telecom Act. While the statutory language provides the Commission
discretion in this area, the Act's legislative history indicates a
clear Congressional intent that the Commission adopt the maximum 8-year
license term. Indeed, the Conference Report states that Section 203 of
the Telecom Act ``extends the license term for broadcast licenses to
eight years for both television and radio.'' 6 Extending broadcast
license terms will reduce the burden to broadcasters of seeking more
frequent renewal of their licenses and the associated burdens on the
Commission. This is in accord with longstanding Congressional and
Commission policy in favor of reducing regulatory burdens wherever
appropriate.7 By reducing such burdens, we will allow broadcasters
to operate more efficiently in an increasingly competitive marketplace,
and thus help ``assure the maximum service to the public at the lowest
cost and with the least amount of regulation and paperwork.'' 8
Given this, and the clear Congressional intent in enacting Section 203
of the Telecom Act, we will ordinarily provide broadcasters with the
maximum 8-year term. This decision is consistent with past Commission
practice; our current rules provide for the maximum license terms in
accordance with previous statutory maximum terms of 5 years for
television stations and 7 years for radio stations.9
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\6\ S. Conf. Rep. 104-230, 104th Cong. 2d Sess. 164 (1996).
\7\ See S. Conf. Rep. 104-230, 104th Cong. 2d Sess. 1 (1996)
(purpose of Telecom Act is ``* * * to provide for a pro-competitive,
de-regulatory national policy framework * * *.''); S. Conf. Rep. 96-
878, 96th Cong. 2d Sess. 1 (1980) (purpose of Regulatory Flexibility
Act is ``to encourage Federal agencies to utilize innovative
administrative procedures in dealing with individuals, small
businesses, small organizations, and small governmental bodies that
would otherwise be unnecessarily adversely affected by Federal
regulations''). See also Review of Prime Time Access Rule, 11 FCC
Rcd 546 (1995) (repealing prime time access rule as no longer
necessary to serve the public interest).
\8\ Deregulation of Radio, 84 FCC 2d 968, 971 (1981), recon. 87
FCC 2d 797 (1981), remanded on other grounds sub nom. Office of
Communications of the United Church of Christ v. FCC, 707 F.2d 1413
(D.C. Cir. 1983). Most commenters support extending broadcast
license terms to 8 years. See National Association of Broadcasters
(``NAB'') Comments at 1-2; Capital Cities/ABC, Inc. (``CC/ABC'')
Comments at 1-2; NBC Comments at 2; Association of Local Television
Stations (``ALTV'') Reply Comments at 3-6. Commenters point out that
longer license terms may encourage more long-term planning and
capital investments in the industry. They further believe that 8-
year license terms may promote more innovations in programming and
service, as stations will have a longer period in which to develop a
record of performance with previously untested or novel formats.
See, e.g., NBC Comments at 2.
\9\ The 5 and 7 year terms for new licenses and license renewals
were enacted into law pursuant to the Omnibus Budget Reconciliation
Act of 1981. Public Law 97-35, 95 Stat. 357. That legislation
amended Section 307 of the Communications Act, extending the maximum
allowable 3-year license term previously prescribed for both radio
and television stations.
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8. MAP/CME opposes extending broadcast license terms to eight
years. It asserts that longer license terms will undermine meaningful
public review of broadcasters' performance, especially when considered
in conjunction with the new two-step license renewal process mandated
under Sections 204 (a) and (c) of the Telecom Act which eliminates
comparative renewal hearings and directs the Commission to grant a
broadcaster's renewal if certain public interest renewal standards are
met.10 While we acknowledge MAP/CME's concerns, on balance, we
believe adopting the maximum terms provided by statute is in the public
interest and is consistent with Congressional intent. We do not intend
that this action should affect licensees' compliance with public
interest obligations and our ability to monitor such compliance. Hence,
we remind broadcasters that their public interest responsibilities
extend throughout the entire license term.11 Additionally, the
public will continue to have the ability to scrutinize station
performance or to bring to the Commission's attention any shortcomings
in performance by filing petitions to deny and informal objections at
renewal time. Likewise, the public's right to file complaints with the
Commission at any time during the license term is unaffected by longer
license terms. To the extent MAP/CME believes it is necessary to revise
license renewal standards to provide a better measure to evaluate
licensee performance in the absence of comparative renewal challenges,
that issue is not before us in this proceeding.12
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\10\ MAP/CME Comments at 3-4. The Commission recently
implemented the new two-step renewal process. See Implementation of
Sections 204(a) and 204(c) of the Telecommunications Act of 1996
(Broadcast License Renewal Procedures), FCC No. 96-172 (released
April 12, 1996).
\11\ This reminder applies to radio as well as television
broadcasters, although the extension of the radio license term from
7 to 8 years is a small one compared to the extension of television
license terms from 5 to 8 years. We note in this regard that in its
recent decision adopting revised children's television rules, the
Commission stated that it would monitor industry compliance with the
Children's Television Act of 1990 (``CTA'') by requiring commercial
broadcast television stations to place in their public inspection
files quarterly reports regarding their compliance with the CTA and,
for an experimental period of three years, to file these children's
programming reports with the Commission on an annual basis. Report
and Order in MM Docket No. 93-48, FCC 96-335, at para. 140 (released
Aug. 8, 1996). The Commission also stated that Commission staff will
conduct selected individual station audits during this time period
to assess station performance under the new children's television
rules. Id.
\12\ See also infra paragraph 10.
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9. MAP/CME also asserts that the Commission's rationale for
extending license terms improperly focuses on what best serves the
interests of broadcasters, rather than on the best interests of viewers
and listeners.13 In addition, MAP/CME challenges NBC's assertions
that longer license terms will create more stability among broadcasters
and result in more capital investment in public service and innovative
programming. MAP/CME asserts that NBC's claimed public benefits are
entirely hypothetical and that there is no evidence from past
deregulation that broadcasters will invest additional money in improved
programming.14 As noted above, however, eliminating unnecessary
regulatory burdens can allow the competitive marketplace to operate
more efficiently, which in turn can enhance the opportunity to further
the public interest through improved service delivered to the public.
We believe Congress, in providing us
[[Page 5342]]
authority to do so, made the same reasonable judgment that lengthening
broadcast license terms is an appropriate deregulatory measure that
would lead to public benefits. If, after some experience with the new
8-year license term, MAP/CME believes the new term is adversely
affecting the public interest, it may bring its concerns to our
attention at that time.
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\13\ MAP/CME Comments at 3-5.
\14\ MAP/CME Reply Comments at 4-5.
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10. Finally, MAP/CME argues the Commission should extend broadcast
license terms to the maximum 8-year period only if it adds quantitative
requirements for locally-originated programming addressing community
issues, news, and children's educational programming.15 As noted
above, see paragraph 8, we believe that MAP/CME's proposal is beyond
the scope of this proceeding.
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\15\ MAP/CME Comments at 2-4; MAP/CME Reply Comments at 2.
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11. In sum, we find that the 8-year term, on balance, would serve
the public interest. Accordingly, we amend our rules to provide that
broadcast licenses ordinarily have the maximum 8-year term authorized
under the Telecom Act. As stated in the NPRM, we believe that this
result will reduce the burden on broadcasters and is consistent with
both past Commission practice and the legislative history of the
Telecom Act. We believe this change in broadcast license terms on
balance is consistent with the public interest since licensees will
continue to be subject to scrutiny by both the public and the
Commission. In keeping with this concern, we reiterate that Section 203
of the Telecom Act, as well as our revised rules, explicitly reserve
the Commission's authority to grant individual licenses for less than
the statutory maximum if the public interest, convenience, and
necessity would be served by such action.
12. Other Classes of Broadcast Stations. Section 203 of the Telecom
Act states in part: ``the Commission may by rule prescribe the period
or periods for which licenses shall be granted and renewed for
particular classes of stations * * *.'' While this provision provides
us authority to designate different license terms for particular
classes of stations (provided that they do not exceed 8 years), we
proposed in the NPRM to treat all but experimental broadcast stations
uniformly.
13. As proposed in the NPRM, we will track the approach we take
with full-service stations and adopt an 8-year license term for FM and
TV translator facilities and low power TV stations, as well as for
international broadcasting stations. This approach is consistent with
our current practice of treating these different classes of stations
uniformly.16 We believe that each of these services will benefit
from the stability and reduced administrative burden which will result
from a longer license term. Because of the tentative nature and limited
purpose of experimental stations, however, it would not be appropriate
to grant such stations longer license terms and they will continue to
be licensed for one-year terms. Commenters agreed with this
approach.17
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\16\ See Report and Order in MM Docket No. 92-168, 9 FCC Rcd
6504 (1994).
\17\ See NBC Comments at 3.
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14. We will also continue our practice, set forth in Sec. 74.15 (b)
and (c) of our Rules, of tying the license terms for auxiliary and
booster facilities to the license terms of the broadcast stations with
which they are associated. Our current practice of tying the license
terms of all auxiliary and booster facilities with the main station
license eases the administrative burden on both Commission staff and
broadcast station licensees, who would otherwise need an intricate
record-keeping system to ensure that all licenses were renewed at the
appropriate time.
15. ABC/Capital Cities seeks clarification concerning auxiliary
facilities used by television and radio networks. ABC believes it would
be preferable for all licenses of a given network entity in the same
state to come up for renewal at the same time to eliminate potential
discrepancies that may exist under the current system. It requests that
the Commission specify in Sec. 74.15(b) of the Commission's Rules that
television network auxiliary licenses shall have terms running
concurrently with television broadcast stations located in the same
state, and that radio network auxiliary licenses shall have terms
running concurrently with radio broadcast stations located in the same
state. ABC/Capital Cities also urges that the renewal terms for video
microwave licenses issued under Sec. 74.15(f) of the Commission's Rules
run concurrently with the terms of television network auxiliary
licenses granted under Subparts D and H of Part 74 of the Commission's
Rules.18
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\18\ ABC/Capital Cities Comments at 4.
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16. We agree with the ABC/Capital Cities proposals concerning
television and radio network auxiliary licenses and video microwave
licenses. We believe that these proposals are consistent with both the
Telecom Act and the NPRM and would simplify the license renewal process
and eliminate potential confusion about renewal dates by treating these
different classes of broadcast licenses uniformly. Accordingly, network
auxiliary stations and video microwave licenses will generally be
linked to the license terms of full-service broadcast stations in the
same state, and will ordinarily be granted for a term of 8
years.19
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\19\ Network auxiliary licenses and video microwave licenses are
processed in the Gettysburg office of the Commission's Wireless
Telecommunications Bureau. We will implement the linkage proposed by
ABC, and the new 8-year license terms for these network auxiliary
and microwave facilities, as the licenses for these facilities come
up for renewal. Commission staff will process these renewals so
that, over the course of time, the license terms for these
facilities will be linked to the license terms of full-service
broadcast stations in the same state and share the same 8-year term,
except for those facilities which serve more than a single state. In
those instances where multiple states are served by a facility, the
license term will continue to be based on the date of initial
license grant rather than the license terms of full-service
broadcast stations for a particular state.
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17. Implementation of Amended License Term Provisions. Section 203
of the Telecom Act and the legislative history are silent as to whether
existing broadcast station licenses may be modified immediately to
conform to any new license terms that may be adopted.
18. As we noted in the NPRM the implementation issue is important
because of the logistics involved in renewing broadcast licenses. Under
Secs. 73.1020 and 74.15 of the Commission's Rules, all of the licenses
for a particular class of broadcast stations expire at fixed intervals
over a 3-year period. To stagger the processing of renewal applications
and thus perform this task more efficiently, the country is divided
into 18 different regions containing 1 or more states for purposes of
establishing synchronized schedules for radio and television license
renewals. The radio renewal schedule and the television renewal
schedule operate on separate and distinct cycles that do not run
concurrently. Accordingly, once all radio licenses have been renewed as
scheduled, there is a 50-month hiatus before the radio renewal cycle
begins again. Similarly, once all television licenses have been renewed
as scheduled, there is a 26-month hiatus before the television renewal
cycle begins again.
19. Because of the cyclical nature of this process, any change in
the length of the license term implemented in the middle of a renewal
cycle could undermine the synchronization of the whole renewal process.
In 1981, when Congress last amended the length of broadcast license
terms, two factors allowed us to avoid any such synchronization
problems. First, under
[[Page 5343]]
the statute in effect at that time, both radio and television licenses
had 3-year maximum terms and the renewal cycles for radio and
television ran concurrently. Furthermore, the renewal cycles for both
radio and television had not yet begun when the rules implementing the
amended statute took effect. Accordingly, pursuant to the explicit
Congressional mandate contained in the amended statute, Public Law 97-
35, 95 Stat. 357,736 (1981), the Commission applied the longer license
terms prospectively as stations came up for renewal following the
legislation's enactment. See Order, Amendment of Section 73.1020 of the
Commission's Rules, 88 F.C.C. 2d 355, 356 (1981).
20. There is, however, a significant difference between the renewal
situation in 1981 and the current situation. By the time the Telecom
Act of 1996 was enacted in February 1996, the renewal cycle had already
begun for radio stations in several regions of the country.
Specifically, the licenses for radio stations in Maryland, the District
of Columbia, Virginia, West Virginia, North Carolina, and South
Carolina have either already been renewed under the previous license
term guidelines, or are still pending. Similarly, renewal applications
for radio stations in Florida, Puerto Rico, the Virgin Islands,
Alabama, Georgia, Arkansas, Louisiana, and Mississippi were already on
file with the Commission at the time the 1996 Act was enacted, and may
be ripe for grant before the conclusion of this proceeding. The
practical effect of this situation is that radio licenses that have
already been renewed for the current maximum allowable 7-year term will
have shorter terms than radio licenses renewed later in the renewal
cycle, which would become subject to the 8-year term we now adopt. When
the previously granted 7-year licenses expire the radio renewal process
will no longer be synchronized. This may also be the case for some
television licenses given that the current television renewal cycle is
now underway.20
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\20\ The first group of television licenses, which expired on
October 1, 1996, include the renewal applications for television
stations in Maryland, the District of Columbia, Virginia, and West
Virginia. In addition, license renewal applications for television
stations in North Carolina, South Carolina, Florida, Puerto Rico,
and the Virgin Islands, are currently on file, or will be on file
with the Commission, prior to the conclusion of this proceeding, and
at least some of these applications may be granted by that time.
Accordingly, the synchronization problems previously discussed in
the radio license context may also be a problem with some television
license renewals.
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21. NAB, NBC, ABC/Capital Cities, and ALTV all agree that
maintaining the synchronization of the renewal process is crucial and
should be facilitated by Commission rule.21 NAB states that
synchronization allows the Commission to predict its staffing needs
with greater precision and is convenient for the public since all
stations serving a market will generally come up for renewal at the
same time. NAB further states that if the Commission has determined
that the public interest would be served by granting a renewal, a one-
year extension of the license term would not raise any additional
public interest question.22 NBC states that if this proceeding is
still pending when the television renewal cycle begins, the Commission
should adopt the same plan it has proposed for radio license and by
rule extend previously granted television licenses to 8-year
terms.23
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\21\ NAB Comments at 3; NBC Comments at 3-4; Capital Cities/ABC
Reply Comments at 2; ALTV Reply Comments at 5-6.
\22\ NAB Comments at 2-3.
\23\ NBC Comments at 3-4.
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22. We agree with these commenters, and believe that maintaining
the predictability, administrative efficiencies, and fairness inherent
in the existing synchronized schedule of renewal cycles would serve the
public interest. We therefore adopt, as proposed in the NPRM, an 8-year
license term, to be implemented as follows. For broadcast renewal
applications granted after the effective date of a decision in this
proceeding, we will ordinarily grant the renewed license for the
maximum proposed term of 8 years.24 For renewal applications that
have been filed as part of the current renewal cycle (e.g., the cycle
beginning October 1, 1995 for radio stations, and October 1, 1996 for
television stations) and that have been granted only the maximum 7-year
or 5-year license term provided under our current rules because they
were processed prior to a decision in this proceeding, we will extend
the already renewed 7-year or 5-year license term for such stations to
the proposed 8-year term. We consequently direct the staff to modify
the terms of such licenses to afford these licensees the newly
authorized 8-year term and to ensure synchronization of such licenses
with future renewal cycles. The Commission adopted a similar approach
in 1983 when it extended existing common carrier and satellite licenses
from 5 to 10 years.25 As noted in that decision, the Commission's
authority to modify the provisions of existing licenses by rule making
had been upheld on several occasions.26 We believe that this
approach is consistent with the discretion we are given by the Telecom
Act to prescribe rules governing the period or periods for which
licenses are granted for particular classes of stations.
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\24\ We will, as required by the Telecom Act, reserve the right
to grant renewals in particular cases for less than the maximum term
if the public interest would be served by such action.
\25\ See Report and Order in CC Docket No. 83-371, 53 R.R. 2d
1514 (1983).
\26\ See, e.g., Committee For Effective Cellular Rules v. FCC,
53 F.3d 1309 (D.C. Cir. 1995); WBEN, Inc., v. FCC, 396 F.2d 601 (2d
Cir.), cert. denied, 393 U.S. 914 (1968); see also National
Broadcasting Co. v. United States, 319 U.S. 190 (1943); California
Citizens Band Association v. United States, 375 F.2d 43 (9th Cir.
1967), cert. denied, 389 U.S. 844 (1967).
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IV. Paperwork Reduction Act of 1995 Analysis
23. The decision herein has been analyzed with respect to the
Paperwork Reduction Act of 1995, Public Law 104-13, and found to impose
or propose no modified information collection requirement on the
public.
V. Final Regulatory Flexibility Analysis
24. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603 (RFA), an Initial Regulatory Flexibility Analysis (``IRFA'')
was incorporated in Implementation of Section 203 of The
Telecommunications Act of 1996 (Broadcast License Terms) Sections
73.1020 and 74.15, Notice of Proposed Rule Making in MM Docket No. 96-
90 (``NPRM'').27 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, Public Law 104-121, 110 Stat. 847 (1996)
(``CWAAA'').28
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\27\ Notice of Proposed Rule Making in MM Docket No. 96-90
(Released April 12, 1996).
\28\ Subtitle II of CWAAA is The Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), codified at 5 U.S.C. 601
et seq.
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A. Need For and Objectives of Action 25
25. On February 8, 1996, President Clinton signed into law the
Telecommunications Act of 1996 (``Telecom Act''). Section 203 of the
Telecom Act modifies the previous statutory provisions contained in 47
U.S.C. 307(c) regarding license terms for broadcast stations in two
principal ways. First, it eliminates the statutory distinction between
the maximum allowable license terms for television stations and radio
stations. Second, Section 203 provides that such licenses may be for
terms ``not to exceed 8 years,'' thus increasing the previous statutory
maximum terms of 5 years for
[[Page 5344]]
television stations and 7 years for radio stations. The purpose of this
Report and Order is to amend the Commission's Rules to conform to the
provision of Section 203 of the Telecom Act.
B. Significant Issues Raised by the Public in Response to the Initial
Analysis
26. No comments were received specifically in response to the IRFA
contained in the NPRM. However, commenters generally addressed the
effects of the proposed rules on broadcast stations. Most commenters,
including the National Association of Broadcasters (``NAB''), National
Broadcasting Company (``NBC''), Association of Local Television
Stations, Inc. (``ALTV''), and Capital Cities/ABC, Inc. (``Capital
Cities/ABC''), supported the proposed rules, believing that longer
license terms for both radio and television broadcast stations would
reduce the administrative burden on broadcast licensees. The Media
Access Project and the Center for Media Education (``MAP/CME'') opposed
the proposed rules and supported the creation of additional regulatory
requirements on broadcast licensees as a prerequisite to allowing
longer broadcast license terms. As discussed in Section V of this FRFA,
we have addressed these concerns.
C. Description and Number of Small Entities To Which the Rule Will
Apply
i. Definition of a ``Small Business''
27. 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''). According to the SBA's regulations, entities engaged in
television broadcasting Standard Industrial Classification (``SIC'')
Code 4833--Television Broadcasting Stations, may have a maximum of
$10.5 million in annual receipts in order to qualify as a small
business concern. 29 Similarly, entities engaged in radio
broadcasting, SIC Code 4832--Radio Broadcasting Stations, have a
maximum of $5 million in annual receipts to qualify as a small business
concern. 13 CFR 121.101 et seq. This standard also applies in
determining whether an entity is a small business for purposes of the
RFA.
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\29\ This revenue cap appears to apply to noncommercial
educational television stations, as well as to commercial television
stations. See Executive Office of the President, Office of
Management and Budget, Standard Industrial Classification Manual
(1987), at 283, which describes ``Television Broadcasting Stations
(SIC Code 4833) as:
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 here are
establishments primarily engaged in television broadcasting and
which produce taped television program materials.
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28. 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.'' While we tentatively believe that the foregoing
definition of ``small business'' greatly overstates the number of radio
and television broadcast stations that are small businesses and is not
suitable for purposes of determining the impact of the new rules on
small television radio stations, and auxiliary services, we did not
propose an alternative definition in the IRFA.30 Accordingly, for
purposes of this Report and Order, we utilize the SBA's definition in
determining the number of small businesses to which the rules apply,
but we reserve the right to adopt a more suitable definition of ``small
business'' as applied to radio and television broadcast stations and to
consider further the issue of the number of small entities that are
radio and television broadcasters in the future. Further, in this FRFA,
we will identify the different classes of small radio and television
stations that may be impacted by the rules adopted in this Report and
Order.
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\30\ We have pending proceedings seeking comment on the
definition of and data relating to small businesses. In our Notice
of Inquiry in GN Docket No. 96-113 (In the Matter of Section 257
Proceeding to Identify and Eliminate Market Entry Barriers for Small
Businesses), FCC 96-216, released May 21, 1996, we requested
commenters to provide profile data about small telecommunications
businesses in particular services, including television, and the
market entry barriers they encounter, and we also sought comment as
to how to define small businesses for purposes of implementing
Section 257 of the Telecommunications Act of 1996, which requires us
to identify market entry barriers and to prescribe regulations to
eliminate those barriers. The comment and reply comment deadlines in
that proceeding have not yet elapsed. Additionally, in our Order and
Notice of Proposed Rule Making in MM Docket No. 96-16 (In the Matter
of Streamlining Broadcast EEO Rule and Policies, Vacating the EEO
Forfeiture Policy Statement and Amending Section 1.80 of the
Commission's Rules to Include EEO Forfeiture Guidelines), 11 FCC Rcd
5154 (1996), we invited comment as to whether relief should be
afforded to stations: (1) Based on small staff and what size staff
would be considered sufficient for relief, e.g., 10 or fewer full-
time employees; (2) based on operation in a small market; or (3)
based on operation in a market with a small minority work force. We
have not concluded the foregoing rule making.
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ii. Issues in Applying the Definition of a ``Small Business''
29. 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 rules will apply. Our estimates
reflect our best judgments based on the data available to us.
30. An element of the definition of ``small business'' is that the
entity not be dominant in its field of operation. We were unable at
this time to define or quantify the criteria that would establish
whether a specific television station is dominant in its field of
operation. Accordingly, the following estimates of small businesses to
which the new rules will apply do not exclude any 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. We attempted to factor in this element by looking at
revenue statistics for owners of television stations. However, as
discussed further below, we could not fully apply this criterion, and
our estimates of small businesses to which the rules may apply may be
overinclusive to this extent. The SBA's general size standards are
developed taking into account these two statutory criteria. This does
not preclude us from taking these factors into account in making our
estimates of the numbers of small entities.
31. 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.
32. Under SBA criteria for determining annual receipts, if a
concern has acquired an affiliate or been acquired as an affiliate
during the
[[Page 5345]]
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 radio and television stations were
affiliated based on SBA's definitions, we relied on the data bases
available to us to provide us with that information.
iii. Estimates Based on Census Data
33. The rules amended by this Report and Order will apply to full
service television and radio stations, FM and TV translator facilities,
low power TV stations (``LPTV''), television and radio auxiliary and
booster facilities, international broadcasting stations, television and
radio network auxiliary facilities, and video microwave facilities.
34. There were 1,509 television stations operating in the nation in
1992.31 That number has remained fairly constant as indicated by
the approximately 1,550 operating television broadcasting stations in
the nation as of August, 1996.32 For 1992 33 the number of
television stations that produced less than $10.0 million in revenue
was 1,155 establishments.34
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\31\ FCC News Release No. 31327, Jan. 13, 1993; Economics and
Statistics Administration, Bureau of Census, U.S. Department of
Commerce, 1992 Census of Transportation, Communications and
Utilities, Establishment and Firm Size, Series UC92-S-1, Appendix A-
9 (1995).
\32\ FCC News Release No. 64958, Sept. 6, 1996.
\33\ Census for communications establishments are performed
every five years ending with a ``2'' or ``7''. See Economics and
Statistics Administration, Bureau of Census, U.S. Department of
Commerce, supra note 31.
\34\ The amount of $10 million was used to estimate the number
of small business establishments because the relevant Census
categories stopped a $9,999,999 and began at $10,000,000. No
category for $10.5 million existed. Thus, the number is as accurate
as it is possible to calculate with the available information.
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35. The rule changes 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.35 A radio broadcasting
station is an establishment primarily engaged in broadcasting aural
programs by radio to the public.36 Included in this industry are
commercial religious, educational, and other radio stations.37
Radio broadcasting stations which primarily are engaged in radio
broadcasting and which produce radio program materials are similarly
included.38 However, radio stations which are separate
establishments and are primarily engaged in producing radio program
material are classified under another SIC number.39 The 1992
Census indicates that 96 percent (5,861 of 6,127) of radio station
establishments produced less than $5 million in revenue in 1992.40
Official Commission records indicate that 11,334 individual radio
stations were operating in 1992.41 As of December 1996, official
Commission records indicate that 12,140 radio stations are currently
operating.42
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\35\ 13 CFR 121.201, SIC 4832.
\36\ Economics and Statistics Administration, Bureau of Census,
U.S. Department of Commerce, supra note 6, Appendix A-9.
\37\ Id.
\38\ Id.
\39\ Id.
\40\ The Census Bureau counts radio stations located at the same
facility as one establishment. Therefore, each co-located AM/FM
combination counts as one establishment.
\41\ FCC News Release No. 31327, Jan. 13, 1993.
\42\ FCC News Release, Broadcast Station Totals as of December
31, 1996.
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36. Thus, the rule changes will affect approximately 1,550
television stations, approximately 1,194 of which are considered small
businesses.43 Additionally, the rule changes will affect 12,140
radio stations, approximately 11,605 of which are small
businesses.44 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 or non-radio
affiliated companies.
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\43\ We use the 77 percent figure of TV stations operating at
less than $10 million for 1992 and apply it to the 1996 total of
1,550 TV stations to arrive at 1,194 stations categorized as small
businesses.
\44\ We use the 96% figure of radio station establishments with
less than $5 million revenue from the Census data and apply it to
the 12,088 individual station count to arrive at 11,605 individual
stations as small businesses.
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37. We recognize that the rule changes may also affect minority and
women-owned stations, some of which may be small entities. In 1995,
minorities owned and conrolled 37 (3.0%) of 1,221 commercial television
stations and 293 (2.9%) of the commercial radio stations in the United
States.45 According to the U.S. Bureau of the Census, in 1987
women owned and controlled 27 (1.9%) of 1,342 commercial and non-
commercial television stations and 394 (3.8%) of 10,244 commercial and
non-commercial radio stations in the United States.46
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\45\ Minority Commercial Broadcast Ownership in the United
States, U.S. Department of Commerce, National Telecommunications and
Information Administration, The Minority Telecommunications
Development Program (``MTDP'') (April 1996). MTDP considers minority
ownership as ownership of more than 50% of a broadcast corporation's
stock, voting control in a broadcast partnership, or ownership of a
broadcasting property as an individual proprietor. Id. The minority
groups included in this report are Black, Hispanic, Asian, and
Native American.
\46\ See Comments of American Women in Radio and Television,
Inc. in MM Docket No 94-149 and MM Docket No. 91-140, at 4 n.4
(filed May 17, 1995), citing Economic Censuses, Women-Owned
Business, WB87-1, U.S. Department of Commerce, Bureau of the Census,
August 1990 (based on 1987 Cenus). After the 1987 Census report, the
Census Bureau did not provide data by particular communications
services (four-digit Standard Industrial Classification (SIC) Code),
but rather by the general two-digit SIC Code for communications
(#48). Consequently, since 1987, the U.S. Census Bureau has not
updated data on ownership of broadcast facilities by women, nor does
the FCC collect such data. However, we sought comment on whether the
Annual Ownership Report Form 323 should be amended to include
information on the gender and race of broadcast license owners.
Policies and Rules Regarding Minority and Female Ownership of Mass
Media Facilities, Notice of Proposed Rulemaking, 10 FCC Rcd 2788,
2797 (1995).
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38. The rule changes also affect radio translator and booster
stations, television translator stations, experimental radio stations
and television stations, and LPTV stations. The Commission has not
developed a definition of small entities applicable to radio or
television booster and translator stations, or experimental radio or
television stations. Therefore, the applicable definition of a small
entity is the definition under the SBA rules applicable to radio and
television stations. Under this definition, FM booster and translator
radio stations and experimental radio stations (SIC Code 4832) that
would qualify as small businesses would be those radio broadcasting
facilities with maximum revenues of $5 million. Similarly, under this
definition, television translator stations, television experimental
stations, and LPTV stations (SIC Code 4833) would be those television
broadcasting facilities with maximum revenues of $10.5 million.
39. There are currently 2,720 FM translator and booster stations,
4,952 TV translator stations, and 1,954 LPTV stations which will be
affected by the new license term rules.47 Neither the FCC nor the
Department of Commerce collects financial information on these
[[Page 5346]]
broadcast facilities. We will assume for present purposes, however,
that most of these broadcast facilities, including LPTV stations, could
be classified as small businesses. As we indicated earlier, 96% of
radio stations and 78% of TV stations are designated as small
businesses. Given this situation, these stations would not likely have
revenues that exceed the SBA maximum to be designated as small
businesses.
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\47\ FCC news release, Broadcast Station Totals as of December
31, 1996.
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40. We have no compilation of data on how many experimental
stations are small entities. We will therefore assume that all are
small entities as defined by the SBA. We believe, however, that this
assumption greatly overstates the number of experimental stations that
are small businesses since some of the licensees of experimental
stations may have aggregate revenues that are above the revenue
definition of small businesses.
iv. Alternative Classification of Small Stations
41. An alternative way to classify small radio and television
stations is by the number of employees. The Commission currently
applies a standard based on the number of employees in administering
its Equal Employment Opportunity (``EEO'') rule for broadcasting.\48\
Thus, radio or television stations with fewer than five full-time
employees are exempted from certain EEO reporting and recordkeeping
requirements.49 We estimate that the total number of broadcast
stations with 4 or fewer employees is 4,239.50
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\48\ The Commission's definition of a small broadcast station
for purposes of applying its EEO rule was adopted prior to the
requirement of approval by the Small Business Administration
pursuant to Section 3(a) of the Small Business Act, 15 U.S.C.
632(a), as amended by Section 222 of the Small Business Credit and
Business Opportunity Enhancement Act of 1992, Public Law 102-366,
sec. 222(b)(1), 106 Stat. 999 (1992), as further amended by the
Small Business Administration Reauthorization and Amendments Act of
1994, Public Law 103-403, sec. 301, 108 Stat. 4187 (1994). However,
this definition was adopted after public notice and an opportunity
for comment. See Report and Order in Docket No. 18244, 23 FCC 2d 430
(1970).
\49\ See, e.g., 47 CFR 73.3612 (Requirement to file annual
employment reports on Form 395-B applies to licensees with five or
more full-time employees); First Report and Order in Docket No.
21474 (In the Matter of Amendment of Broadcast Equal Employment
Opportunity Rules and FCC Form 395), 70 FCC 2d 1466 (1979). The
Commission is currently considering how to decrease the
administrative burdens imposed by the EEO rule on small stations
while maintaining the effectiveness of our broadcast EEO
enforcement. Order and Notice of Proposed Rule Making in MM Docket
No. 96-16 (In the Matter of Streamlining Broadcast EEO Rule and
Policies, Vacating the EEO Forfeiture Policy Statement and Amending
Section 1.80 of the Commission's Rules to Include EEO Forfeiture
Guidelines), 11 FCC Rcd 5154 (1996). One option under consideration
is whether to define a small station for purposes of affording such
relief as one with ten or fewer full-time employees. Id. at para.21.
\50\ We base this estimate on a compilation of 1994 Broadcast
Station Annual Employment Reports (FCC Form 395-B), performed by
staff of the Equal Opportunity Employment Branch, Mass Media Bureau,
FCC.
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D. Projected Compliance Requirements of the Rule
42. This Report and Order imposes compliance with new license terms
for broadcast stations in accordance with the amended rules set forth
in the Report and Order. Compliance will be implemented as follows. For
broadcast renewal applications granted after the effective date of a
decision in this proceeding, we will ordinarily grant the renewed
license for the maximum proposed term of 8 years.51 For renewal
applications that have been filed as part of the current renewal cycle
(e.g., the cycle beginning October 1, 1995 for radio stations, and
October 1, 1996 for television stations) and that have been granted
only the maximum 7-year or 5-year license term provided under our
current rules because they were processed prior to a decision in this
proceeding, we will extend the already renewed 7-year or 5-year license
term for such stations to the proposed 8-year term. We consequently
direct the staff to modify the terms of such licenses to afford these
licensees the newly authorized 8-year term and to ensure
synchronization of such licenses with future renewal cycles.
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\51\ We will, as required by the Telecom Act, reserve the right
to grant renewals in particular cases for less than the maximum term
if the public interest would be served by such action.
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43. The Report and Order imposes no new reporting or recordkeeping
requirements. To the contrary, broadcasters will have fewer filings to
make, since initial license terms will be for longer periods and
renewal filings will be made less frequently. These changes will result
in greater economic efficiency for broadcasters, especially those
classified as small entities, since administrative burdens on broadcast
licensees will be reduced.
E. Significant Alternatives Considered Minimizing the Economic Impact
on Small Entities and Consistent With the Stated Objectives
44. The action taken does not impose additional burdens on small
entities. To the contrary, it lessens burdens on both small and large
entities by lengthening broadcast license terms to the maximum extent
authorized by statute.
45. MAP/CME opposes extending broadcast license terms to eight
years because of concerns about the potential effects of such an action
on the public interest obligations of broadcasters. MAP/CME believes
that longer license terms, together with the elimination of comparative
renewals, focus on the interests of broadcasters and will result in no
meaningful public review of broadcasters' performance. MAP/CME also
believes that the Commission should extend broadcast license terms to
the maximum 8-year period only if it adds quantitative programming
requirements as part of broadcasters' public interest
obligations.52
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\52\ See Paras. 8-11, supra.
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46. Like MAP/CME, we are concerned about the public interest
obligations of licensees. We are also cognizant of Congressional intent
to reduce regulatory burdens while at the same time providing for
meaningful review of licensee performance. In this Report and Order we
have addressed these public interest and regulatory concerns. On
balance, we find that the 8-year term would serve the public interest.
Accordingly, we amend our rules to provide that broadcast licenses
ordinarily have the maximum 8-year term authorized under the Telecom
Act. As stated in the NPRM, we believe this change in broadcast license
terms is consistent with the public interest since licensees will
continue to be subject to scrutiny by both the public and the
Commission. In keeping with this concern, we reiterate that Section 203
of the Telecom Act, as well as our revised rules, explicitly reserve
the Commission's authority to grant individual licenses for less than
the statutory maximum if the public interest, convenience, and
necessity would be served by such action.53
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\53\ See1 Paras. 9-12, supra.
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47. Pursuant to the RFA, 5 U.S.C. 603(c), we have considered
whether there is a significant economic impact on a substantial number
of small entities. We conclude that there is no adverse economic impact
on such entities. To the contrary, extending broadcast license terms
would benefit small business entities (e.g., small radio stations,
auxiliary stations and LPTV stations), by reducing the administrative
burdens on such entities, thereby allowing them to operate more
efficiently in the competitive marketplace.
F. Report to Congress
48. The Commission shall send a copy of this Final Regulatory
Flexibility Analysis along with this Report and Order in a report to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996,
[[Page 5347]]
codified at 5 U.S.C. 801(a)(1)(A). This FRFA is also published in this
Federal Register summary.
Ordering Clauses
49. Accordingly, it is ordered that, pursuant to the authority
contained in Sections 154, 303, and 307 of the Communications Act of
1934, as amended, 47 U.S.C. 154, 303, and 307, Sections 73.733,
73.1020, and 74.15 of the Commission's Rules, 47 CFR 73.733, 73.1020,
and 74.15, are amended as set forth in the Rule changes section of this
Federal Register summary.
50. It is further ordered that the Commission staff take
appropriate administrative actions to extend broadcast licenses already
granted or renewed as part of the current renewal cycle (i.e., the
cycle beginning October 1, 1995 for radio stations and October 1, 1996
for television stations), for the previously allowable maximum terms,
to the new maximum 8-year term.
51. It is further ordered that, pursuant to the Contract with
America Advancement Act of 1996, the amendment set forth in the
attachment to this summary shall be effective March 7, 1997.
52. It is further ordered that the Secretary of the Commission
shall send this Report and Order to the Small Business Administration
for review.
53. It is further ordered that this proceeding is terminated.
List of Subjects
47 CFR Part 73
Radio broadcasting, Radio, Television broadcasting, Television.
47 CFR Part 74
Radio, Television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 73 and 74 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 is revised to read as
follows:
Authority: 47 U.S.C. 154, 303, and 307.
2. Section 73.733 is revised to read as follows:
Sec. 73.733 Normal license period.
All international broadcast station licenses will be issued so as
to expire at the hour of 3 a.m. local time and will be issued for a
normal period of 8 years expiring November 1.
3. Section 73.1020 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 73.1020 Station license period.
(a) Initial licenses for broadcast stations will ordinarily be
issued for a period running until the date specified in this section
for the State or Territory in which the station is located. If issued
after such date, it will run to the next renewal date determined in
accordance with this section. Both radio and TV broadcasting stations
will ordinarily be renewed for 8 years. However, if the FCC finds that
the public interest, convenience and necessity will be served thereby,
it may issue either an initial license or a renewal thereof for a
lesser term. The time of expiration of normally issued initial and
renewal licenses will be 3 a.m., local time, on the following dates and
thereafter at 8-year intervals for radio and TV broadcast stations
located in:
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
1. The authority citation for Part 74 is revised to read as
follows:
Authority: 47 U.S.C. 154, 303, 307, and 554.
2. Section 74.15 is amended by revising the introductory text of
paragraph (d) and paragraph (f) to read as follows:
Sec. 74.15 Station license period.
* * * * *
(d) Initial licenses for low power TV, TV translator, and FM
translator stations will ordinarily be issued for a period running
until the date specified in Sec. 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
Sec. 73.1020 of this chapter. Lower power TV and TV translator station
and FM translator station licenses will ordinarily be renewed for 8
years. However, if the FCC finds that the public interest, convenience
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 Sec. 73.1020 of this chapter:
* * * * *
(f) Licenses held by broadcast network-entities under Subpart F
will ordinarily be issued for a period of 8 years running concurrently
with the normal licensing period for broadcast stations located in the
same area of operation. An application for renewal of license (FCC Form
313-R) shall be filed not later than the first day of the fourth full
calendar month prior to the expiration date of the license sought to be
renewed. If the prescribed deadline falls on a nonbusiness day, the
cutoff shall be the close of business of the first full business day
thereafter.
* * * * *
[FR Doc. 97-2755 Filed 2-4-97; 8:45 am]
BILLING CODE 6712-01-P
