[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15488]
[[Page Unknown]]
[Federal Register: June 27, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[GC Docket No. 92-52; FCC 94-167]
Reexamination of the Policy Statement on Comparative Broadcast
Hearings
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; solicitation of additional comments.
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SUMMARY: The Commission seeks further comments on its proposal to
reexamine the criteria used to select among mutually exclusive
applicants for broadcast facilities in light of Bechtel v. FCC, 10 F.
3d 875 (D.C. Cir. 1993). The intended effect of this proposal is to
remedy any perceived defects in the existing system, to produce swifter
more certain choices among applicants for new broadcast facilities, and
to preserve the public interest benefits of making such choices.
DATES: Comments must be filed on or before July 22, 1994; reply
comments must be filed on or before August 8, 1994.
ADDRESSES: Federal Communications Commission, 1919 M Street NW.,
Washington, DC 20054.
FOR FURTHER INFORMATION CONTACT:
David S. Senzel, Office of General Counsel (202) 632-7220.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's second
further notice of proposed rulemaking, GC Docket No. 92-52, adopted on
June 13, 1994, and released June 22, 1994. The full text of the further
notice of proposed rulemaking is available for inspection and copying
during normal business hours in the FCC Reference Center (Room 239),
1919 M Street NW., Washington DC. The complete text may also be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., Suite 140, 2100 M Street NW., Washington,
DC 20037.
Summary of Second Further Notice of Proposed Rule Making
1. In this notice, the Commission invites further comments on its
proposal to reexamine and revise the criteria used to select among
applicants for new broadcast facilities, set forth in Reexamination of
the Policy Statement on Comparative Broadcast Hearings 57 FR 14683
(Apr. 22, 1992).
2. Numerous commenters, who responded to the Commission's notice of
proposed rulemaking, stated their views as to (1) Whether the existing
comparative criteria should be modified or eliminated; (2) whether the
new criteria should be adopted; and (3) whether the Commission should
adopt a point system with a tie-breaker to decide comparative cases.
These comments are currently under consideration.
3. During this consideration, on December 17, 1993, the United
States Court of Appeals for the District of Columbia Circuit issued a
ruling that the integration criterion was arbitrary and capricious and
therefore invalid. Bechtel v. FCC, 10 F. 3d 875 (D.C. Cir. 1993). In
light of the court's decision, the Commission must eliminate
integration as a criterion in the comparative evaluation.
4. The Commission believes that this proceeding provides an
appropriate means of reassessing the comparative standards in light of
Bechgtel. The Commission finds it desirable, in resolving this
proceeding, to have comments specifically addressing the impact of
Bechtel on the relevant issues for pending and future cases.
5. In particular, the Commission seeks comments on: (1) The nature
of the criteria that should be employed in light of Bechtel, and the
weight different factors should be given; (2) the procedural
ramifications of applying a revised comparative analysis to pending
cases; and (3) how any proposed revision of the comparative criteria
could be structured to satisfy the kind of concerns expressed in
Bechtel.
Initial Regulatory Flexibility Analysis
An initial regulatory flexibility analysis is set forth at 57 FR
14683, 14684, (Apr. 22, 1992).
List of Subjects for 47 CFR Part 73
Administrative practice and procedure, Radio broadcasting,
Telecommunications, Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-15488 Filed 6-24-94; 8:45 am]
BILLING CODE 6712-01-M
