[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Proposed Rules]
[Pages 33474-33476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16395]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 96-120, FCC 96-236]
Grandfathered Short-Spaced FM Stations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This Notice of Proposed Rule Making (NPRM) in MM Docket No.
96-120 seeks comment regarding various proposals to modify a current
rule to permit certain short-spaced stations to make changes based on a
showing that no interference is caused or received, or
[[Page 33475]]
if interference already exists, based on the total of such interference
not being increased. The NPRM also proposes to permit certain stations
short-spaced to a second-adjacent-channel or a third-adjacent-channel
station to change transmitter location or other station facilities
without regard to such short-spacing, and to eliminate the need to
obtain agreements by grandfathered stations proposing increased
facilities. The types of modifications that are proposed for this
revised rule are expected to have no potential to increase interference
to other stations.
DATES: Initial comments are due July 22, 1996; reply comments are due
August 5, 1996. Written comments by the public on the proposed and/or
modified information collections are due July 22, 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
August 26, 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: James Bradshaw, Mass Media Bureau,
Audio Services Division, (202) 418-2720, or via the Internet at
jbradsha@fcc.gov. 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. 96-120, adopted May 23,
1996, and released June 14, 1996.
The complete text of this NPRM, which was adopted in MM Docket No.
96-120, 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 specifically dealing
with modifications of commercial FM stations that became short-spaced
in 1964, and have remained short-spaced since that time. The NPRM
proposes to modify portions of Section 73 of the rules to lift
restrictions which unnecessarily impede flexibility as to site
selection for grandfathered stations and substitute the currently
required interference showings in applications, which have proven
ineffective, with showings that directly relate to the impact such
modification proposals have on other stations and the public.
2. In the NPRM, the Commission proposes to change three aspects of
the rule section dealing with grandfathered short-spaced stations.
First, the Commission proposes use of predicted interference area
analysis based on field strength protection ratios, instead of the
current limitation based on the relative locations of the 1 mV/m (60
dBu) service contour of the short-spaced stations. Second, the
Commission proposes to eliminate the second-adjacent-channel and third-
adjacent-channel protection criteria for grandfathered short-spaced
stations. Finally, the Commission proposes to eliminate the provision
for agreements between grandfathered short-spaced stations. In this
Notice, the Commission invites comments relating to possible
modification of these rule sections.
3. In addition, in the NPRM, the Commission invites engineering
firms and other parties with knowledge about grandfathered stations to
assist in identifying grandfathered short-spaced stations so that these
can be classified in the Commission's engineering database.
4. The proposed rules set forth in the NPRM would put the focus on
more accurately evaluating and controlling interference. The proposed
rules would also return some flexibility when stations with second-
adjacent-channel or third-adjacent-channel grandfathered short-spacings
proposed modifications. And for stations with co-channel or first-
adjacent-channel grandfathered short-spacings, the proposed rules would
allow a more accurate determination of predicted interference. In
addition, the proposed rules would eliminate the Commission's policy
regarding agreements between grandfathered stations.
Initial Paperwork Reduction Act of 1995 Analysis
The Federal Communications, 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, Public Law 104-13. 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 Commissions 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.
OMB Control Number: None.
Title: NPRM: Grandfathered Short-Spaced FM Stations.
Form Number: 301/340.
Type of Review: New collection.
Affected Public: Business or other for-profit, not-for-profit
institutions.
Number of Respondents: 15 FM broadcast licensees.
Estimated time per response: 5 hours per showing (0.5 hours
consultation time/4.5 hours contracting time).
Annual Burden: 7 hours.
Needs and Uses: This NPRM proposes to eliminate unnecessary
regulations and streamline the current method of modifying pre-1964
grandfathered short-spaced FM stations. This NPRM is seeking comment on
a proposal to lift restrictions which unnecessarily impede flexibility
as to site selection for grandfathered stations and substitute the
currently required interference showings in applications with showings
that directly relate to the impact such modification proposals have on
other stations and the public. The data are used by Commission staff to
determine if the public interest will be served and that existing
levels of interference will not be increased to other stations.
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
IRFA. These comments must be filed in accordance with the same filing
deadlines as comments on the rest of the
[[Page 33476]]
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. 601, et seq. (1980).
I. Reason for Action: This proposed action is necessary to provide
more flexibility for grandfathered short-spaced FM broadcast stations
to effectuate minor modifications of their facilities. 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 provide
grandfathered short-spaced FM station licensees better defined
standards for modifying their current facilities and 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. 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 pre-1964
grandfathered short-spaced FM radio station licensees seeking to effect
minor modifications of facilities that have previously been authorized
by the Commission. The total number of such licensees is approximately
400. Because the NPRM 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. There is no
requirement that any licensee make any change as a result of these rule
amendments. The number of licensees who might decide to modify their
stations pursuant to these rule amendments is unknown, but under the
present rules, approximately 15 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 in 47 CFR Part 73
Radio broadcasting, Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-16395 Filed 6-26-96; 8:45 am]
BILLING CODE 6712-01-P
