[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Proposed Rules]
[Pages 15439-15441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8595]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 73, and 74
[MM Docket No. 96-58, FCC 96-118]
Minor Changes in Broadcast Facilities Without a Construction
Permit
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This Notice of Proposed Rule Making (NPRM) in MM Docket No.
96-58 seeks comment regarding various proposals to streamline the
Commission's rules and processes applicable to broadcast stations
seeking to make minor modifications in their transmission facilities.
The proposals set forth in this NPRM would allow broadcast stations to
effectuate certain types of minor modifications without first obtaining
a construction permit from the Commission authorizing the change. The
types of minor modifications that are proposed for this streamlined
procedure are those which would be expected to have no potential to
cause interference to other stations. The Commission also seeks
comments on other types of minor modifications that would be
appropriate for this streamlined one-step licensing procedure. The NPRM
also proposes some additional changes to relevant rule sections to make
clarifications and to conform the rules to existing policy.
DATES: Initial comments are due May 16, 1996; reply comments are due
June 17, 1996. Written comments by the public on the proposed and/or
modified information collections are due May 16, 1996. Written comments
must be submitted by the Office of Management and Budget (OMB) on the
proposed and/or modified information collections on or before June 7,
1996.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
Washington, D.C. 20554. In addition to filing comments with the
Secretary, a copy of any comments on the information collections
contained herein should be submitted to Dorothy Conway, Federal
Communications Commission, Room 234, 1919 M Street, N.W., Washington,
DC 20554, or via the Internet to dconway@fcc.gov, and to Timothy Fain,
OMB Desk Officer, 10234 NEOB, 725--17th Street, N.W., Washington, DC
20503 or via the Internet to fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Dale Bickel, Mass Media Bureau, Audio
Services Division, (202) 418-2720, or Richard Waysdorf, Mass Media
Bureau, Audio Services Division, (202) 418-2679. For additional
information concerning the information collections contained in the
NPRM, contact Dorothy Conway at (202) 418-0217, or via the Internet at
dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: This is the synopsis of the Commission's
Notice of Proposed Rule Making in MM Docket No. 96-58, adopted March
19, 1996, and released March 22, 1996.
The complete text of this NPRM, which was adopted in MM Docket No,
96-58, is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.,
Washington, DC, and may also be purchased from the Commission's copy
contractor, International Transcription Services, Inc., at (202) 857-
3800, 2100 M Street, N.W., Suite 140, Washington, DC 20037.
Synopsis of Order and Notice of Proposed Rule Making
1. In the NPRM, the Commission seeks comment regarding various
proposals to streamline the Commission's rules and procedures relating
to modifications of broadcast station transmission facilities. The NPRM
proposes to modify portions of Section 73 and 74 of the rules to permit
broadcast stations to implement certain types of minor modifications of
their facilities without first obtaining a construction permit
authorizing the modifications. The Commission's Rules generally require
that modifications of broadcast licenses and permits may be
accomplished only through a two-step process: first, the station files
an application for a construction permit, and second, after the
facilities are modified, the station files an application for a license
for the modified facilities. However, because certain types of minor
modifications are unlikely to have any impact on other stations, the
requirement of prior review and authorization of the change by the
Commission staff often involves redundant analysis and unnecessarily
delays the implementation of such changes.
2. Pursuant to a request from the Commission, Congress included in
the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
(1996), a specific provision (Section 403(m)) that authorized the
Commission to allow certain types of minor modifications without the
need for a construction permit. With this new authority, the
Commission, in the NPRM, has proposed that the types of minor license
modifications discussed below be permitted without first obtaining a
construction permit. In addition, in the NPRM, the Commission
explicitly seek suggestions from the public and the broadcast industry
as to additional types of minor modifications that could be effectuated
through a one-step licensing process without prior approval of the
Commission. The NPRM also proposes some additional changes to relevant
rule sections to make clarifications and to conform the rules to
existing policy.
3. The NPRM proposes that the following types of minor license and
permit modifications would be permitted to be implemented without the
prior authorization of the Commission, provided that the licensee or
permittee file a modification of license application, using FCC Form
302, within 10 days of effectuating the change: 1) commercial FM
stations would be permitted to increase effective radiated power up to
the maximum level for the class of station; 2) FM and television
stations would be permitted to replace one directional antenna with
another; 3) FM stations would be permitted to delete contour protection
status under Section 73.215 of the rules where the stations they are
providing contour protection move to fully spaced
[[Page 15440]]
locations; 4) FM stations would be permitted to use formerly licensed
main transmission facilities as auxiliary broadcast facilities; 5) FM
and television stations would be permitted to change vertically
polarized effective radiated power (ERP); and 6) FM and television
stations would be permitted to make slight changes in antenna radiation
center height.
4. In addition, the NPRM proposes that requests for waiver of the
main studio location rule be made by letter with supporting
documentation rather than by filing a construction permit application;
and that commercial stations seeking to change to noncommercial status
file a one-step modification of license application rather than a
construction permit application followed by a license application. In
both of these cases, prior Commission approval would still be required
before the proposed change could be implemented. In addition, the NPRM
proposes that directional FM stations would be allowed to commence
automatic program tests at reduced power upon completion of
construction without the prior approval of the Commission.
5. The proposed rules set forth in the NPRM would allow broadcast
stations to make the types of specified modifications to their
facilities more quickly and at a lower cost. Additionally, the NPRM
seeks additional suggestions from the public as to other types of minor
modifications that could also be streamlined through use of the one-
step licensing process.
Initial Paperwork Reduction Act of 1995 Analysis
The Federal Communications Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and
other Federal agencies to take this opportunity to comment on the
following proposed and/or continuing information collections, as
required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. The NPRM has been submitted to the Office of Management and Budget
(OMB) for review under Section 3507(d) of the PRA. Comments are
requested concerning (a) whether the proposed collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
This NPRM, MM Docket No. 96-58, ``Amendment of Parts 73 and 74 of
the Commission's Rules to Permit Certain Minor Changes in Broadcast
Facilities Without A Construction Permit'' which does not have an OMB
control number, proposes rules changes that will affect six existing
collections. The revisions are proposed to affect the following:
Title: Section 73.1125 Station Main Studio Location.
Form Numbers: FCC 301, FCC 302-AM, FCC 302-FM, FCC 302-TV, FCC 340.
Type of Review: Revision to Existing Collections.
Respondents: Broadcast Permittees/Licensees.
OMB Control Number: 3060-0027.
Title: Application for Construction Permit for Commercial Broadcast
Station.
Number of Respondents for FCC 301: 1825.
Estimated time per response: The burden ranges from 37 hours to 159
hours. These hours include the hours included in the cost for
contracting out with attorneys and consulting engineers.
Annual Burden: 7,247.
OMB Control Number: 3060-0034.
Title: Application for Construction Permit for Noncommercial
Educational Broadcast Station.
Number of Respondents for FCC 340: 244.
Estimated time per response: The burden ranges from 50 hours to
302.33 hours. These hours include the hours included in the cost for
contracting out with attorneys and consulting engineers.
Annual Burden: 1,243.
OMB Control Number: 3060-0627.
Title: Application for AM Broadcast Station License.
Number of Respondents for FCC 302-AM: 449.
Estimated time per response: The burden ranges from 2 hours to
1039.75 hours. These hours include the hours included in the cost for
contracting out with attorneys and consulting engineers.
Annual Burden: 1,758.
OMB Control Number: 3060-0506.
Title: Application for FM Broadcast Station License.
Number of Respondents for FCC 302-FM: 757.
Estimated time per response: The burden ranges from 3 to 25 hours.
These hours include the hours included in the cost for contracting out
with attorneys and consulting engineers.
Annual Burden: 1,675.
OMB Control Number: 3060-0029.
Title: Application for TV Broadcast Station License.
Number of Respondents for FCC 302-TV: 83.
Estimated time per response: The burden ranges from 18 to 25 hours.
These hours include the hours included in the cost for contracting out
with attorneys and consulting engineers.
Annual Burden: 306.
OMB Control Number: 3060-0171.
Title: Section 73.1125 Station main studio location.
Number of Respondents for Section 73.1125: 155.
Estimated time per response: 0.5 hours (this hour is split between
cost and burden, 15 minutes burden for the licensee and 30 minutes cost
for a communications attorney).
Annual Burden: 39.
Needs and Uses: On February 8, 1996, President Clinton signed into
law the Telecommunications Act of 1996 which revised Section 319(d) of
the Communications Act to remove the prohibition against changing the
permit requirement for minor broadcast station facilities changes. To
implement this change in the law, on March 19, 1996, the Commission
adopted a Notice of Proposed Rule Making in MM Docket No. 96-58 seeking
comment on revising our regulations to eliminate the two-step
application process where appropriate and replace it with a single step
licensing procedure. These proposals would cause revisions to the
following information collections: FCC 301 (3060-0027), FCC 340 (3060-
0034), FCC 302-AM (3060-0627), FCC 302-FM (3060-0506), FCC 302-TV
(3060-0029), Section 73.1125 (3060-0171). Among other things, this NPRM
proposes to eliminate the present requirement for a construction permit
(FCC Forms 301/340) for a broadcast station in certain instances where
the changed facilities will not have an adverse impact on other
broadcast facilities. In these instances, we will permit the broadcast
licensee or permittee to make changes without prior authority from the
Commission and file a license application (FCC Forms 302-AM/302-FM/302-
TV) with specified exhibits to reflect the change afterwards.
Additionally, we propose to eliminate the need to file an application
for construction permit on FCC 301/340 to request a main studio move.
We propose that these requests be made in a letter form with
appropriate justification. These proposed changes would eliminate the
delay and expense of completing the construction permit application and
will enable licensees/permittees to make changes with
[[Page 15441]]
minimal delay. In addition to these specific proposals, the Commission
is also seeking suggestions from the public and the broadcast industry
as to additional types of minor modifications that could be effectuated
through a one-step licensing process without prior approval of the
Commission.
Initial Regulatory Flexibility Analysis
As required by Section 603 of the Regulatory Flexibility Act, the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in the NPRM. Written public comments are requested on the
IFRA. These comments must be filed in accordance with the same filing
deadlines as comments on the rest of the NPRM, but they must have a
separate and distinct heading designating them as responses to the
Initial Regulatory Flexibility Analysis. The Secretary shall send a
copy of the NPRM, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with paragraph 603 (a) of the Regulatory
Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. Section
601, et seq. (1980).
I. Reason for Action: This proposed action is necessary to provide
more flexibility for AM, FM and television stations to effectuate minor
modifications of their facilities in instances where there would not
likely be any significant impact on other stations. In addition, this
proposed action would allow such minor modifications to be made more
quickly than under the current procedures.
II. Objectives: The objective of this proceeding is to allow AM,
FM, and television station licensees and permittees to bring improved
service to the public more efficiently and expeditiously while
controlling interference to other stations.
III. Legal Basis: The action taken in this NPRM is authorized by
Sections 4(i), 5(c)(1), 302, and 303 of the Communications Act of 1934,
as amended, 47 U.S.C. Secs. 154(i), 155(c)(1), 302, and 303.
IV. Description, Potential Impact and Number of Small Entities
Affected: The entities affected by this proposal are AM and FM radio
and television station licensees and permittees seeking to effect minor
modifications of facilities that have previously been authorized by the
Commission. The total number of such licensees and permittees is nearly
15,000. Because the Notice proposes provisions which allow for greater
flexibility in operation, the option of whether or not to take
advantage of the new rules rests with each licensee or permittee. There
is no requirement that any licensee or permittee make any change as a
result of these rule amendments. The number of licensees or permittees
who might decide to modify their stations pursuant to these rule
amendments is unknown, but under the present rules, approximately 150
stations each year file applications that propose the types of
facilities modifications that are the subject of these rule amendments.
V. Recording, Record Keeping and Other Compliance Requirements:
None.
VI. Federal Rules which Overlap, Duplicate or Conflict with these
Rules: None.
VII. Any Significant Alternative Minimizing Impact on Small
Entities and Consistent with the Stated Objectives: None.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Radio, Television.
47 CFR Part 73
Radio broadcasting, Television broadcasting.
47 CFR Part 74
Radio broadcasting, Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-8595 Filed 4-5-96; 8:45 am]
BILLING CODE 6712-01-P
