51052 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

List of Subjects

47 CFR Part 0

Commission Organization.

47 CFR Part 1

Practice and Procedure.

Federal Communications Commission.

Andrew S. Fishel,

Managing Director.

Rule Changes

Parts 0 and 1 of Title 47 of the Code

of Federal Regulations are amended as

follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for part 0

continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155.

§ 0.11 Functions of the office.

2. In § 0.11, remove and reserve

paragraph (a)(9).

§ 0.231 Authority delegated.

3. In § 0.231, remove and reserve

paragraphs (c) and (f).

§ 0.251 Authority delegated.

4. In § 0.251, add new paragraph (i) to

read as follows:

* * * * *

(i) The General Counsel is delegated

authority to make determinations

regarding and waive the applicability of

section 4(b) of the Communications Act

(47 U.S.C. § 154(b)) and the Federal

conflict of interest statutes (18 U.S.C.

§§ 203, 205 and 208).

PART 1—PRACTICE AND

PROCEDURE

5. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 207, 303 and

309(j) unless otherwise noted.

§ 1.25 [Removed and Reserved]

6. Section 1.25 is removed and

reserved.

§ 1.28 [Removed and Reserved]

7. Section 1.28 is removed and

reserved.

§ 1.29 [Removed and Reserved]

8. Section 1.29 is removed and

reserved.

[FR Doc. 97–25853 Filed 9–29–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 73, and 74

[MM Docket No. 96–58, FCC 97–290]

Certain Minor Changes in Broadcast

Facilities Without a Construction

Permit

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Report and Order (R&O)

in MM Docket No. 96–58 adopts

proposals made by the Commission in

the Notice of Proposed Rulemaking (61

FR 15439, April 8, 1996) in this

proceeding to streamline the

Commission’s rules and processes

applicable to broadcast stations. These

rule and process changes eliminate the

construction permit requirement for

certain minor changes to broadcast

facilities, replacing the present two-step

construction permit/license application

process with a one-step modification-oflicense application, filed after the

broadcaster has implemented the

permitted changes. The types of

modifications permitted under the new

process were chosen so that interference

to other facilities would not be created

by the changes. Additional rules

sections were revised to make

clarifications and to conform the rules

to present policy.

EFFECTIVE DATE: December 1, 1997.

FOR FURTHER INFORMATION CONTACT: Dale

Bickel, Mass Media Bureau, Audio

Services Division, (202) 418–2720, or

via the Internet at dbickel@fcc.gov. For

additional information concerning the

information collections contained in the

R&O, contact Judy Boley at (202) 418–

0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is the

synopsis of the Commission’s Report

and Order in MM Docket No. 96–58,

adopted August 14, 1997, and released

August 22, 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, N.W.,

Washington, DC, and may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., at (202) 857–3800, 1231

20th Street, N.W., Washington, DC

20036. The complete text is also

available as a Word Perfect 5.1 file

through the Internet at http://

www.fcc.gov/Bureaus/MasslMedia/

Orders/1997/fcc97290.wp .

Synopsis of the Report and Order

1. The rule and procedure changes

adopted in the Report and Order in MM

Docket 96–58 were enabled by Congress’

change, at the Commission’s request, of

Section 403(m) in the Communications

Act in its Telecommunications Act of

1996. Subsequently, in the Notice of

Proposed Rulemaking, the Commission

proposed to eliminate the requirement

for a construction permit in certain

instances of modifications to broadcast

facilities, replacing the two-step

construction permit/application process

with a single step modification of

license application, which would be

filed by the permittee or licensee of the

station once the permitted modifications

had been made.

2. The circumstances in which ‘‘one

step’’ modifications may be made

through the filing of a license

application are as follows, briefly:

(1) Most commercial FM stations

which comply with § 73.207 spacing

rules with respect to all other stations,

and which are not operating with the

maximum permitted facilities, may

increase effective radiated power (ERP)

to the maximum permitted for the

station class.

(2) Commercial FM stations and most

TV stations presently operating with

zero or reduced vertically polarized

power, may increase the vertically

polarized ERP up to the authorized

horizontal ERP without a construction

permit.

(3) Noncommercial educational FM

stations presently operating with zero or

reduced vertically polarized ERP may

also increase the vertical ERP up to the

authorized horizontal ERP, provided

that the FM station is not located within

a specified radius of a TV Channel 6

station.

(4) Decreases in ERP will be permitted

for FM stations, provided that the

required coverage to the community of

license is maintained.

(5) The § 73.215 contour protection

designation for an FM commercial

station may be deleted where a shortspaced station has moved away,

allowing the contour protection station

to become licensed per § 73.207.

(6) If an FM or TV antenna is

replaced, or for installation of a new

antenna, the applicant may mount the

antenna up to 2 meters above or 4

meters below the value specified on its

license or construction permit.

(7) FM and TV directional antennas

may be replaced under certain

circumstances.

(8) Former licensed main auxiliary

applications for FM and TV stations

may be relicensed as auxiliary (backup)
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51053

facilities without a construction permit,

even at changed power or where the

auxiliary facility must change frequency

to match that of the main station. AM

stations may reduce power for an

auxiliary facility which was previously

licensed on the same frequency as the

primary station.

(9) Commercial stations may file a

modification-of-license application to

become licensed as noncommercial

educational. Conversely, some

noncommercial educational stations in

the commercial FM band or television

bands may become licensed as

commercial via the same means.

3. The Commission also changed

several other rules sections, discussed

briefly as follows:

(1) FM directional stations may

commence program test operations at

half power while awaiting staff review

of the license application. This

eliminates a 10 day wait between final

installation of the antenna and the start

of operations.

(2) Requests for waiver of the main

studio rule (47 CFR 73.1125) may be

submitted by letter, eliminating the

requirement for a Form 301 or Form 340

construction permit application.

(3) A new rule 47 CFR 73.316(c)(9) is

added to codify the policy which

requires that the measured FM

directional pattern be at least 85% of the

authorized composite FM directional

pattern for contour protection stations

authorized under §§ 73.215 or 73.509.

(4) A new rule 47 CFR 73.1692 is

added which will codify the current

conditions imposed on construction

permits for AM, FM, and TV stations

which are authorized to construct on or

near AM stations.

(5) A new rule 47 CFR

73.525(e)(1)(vii) is added to address the

matter of FM noncommercial

educational stations which propose to

locate very near (within the 90 dBu

contour) of a TV Channel 6 station.

4. The rules set forth in the Report

and Order are intended to reduce the

amount of processing time, cost, and

burden on both applicants and the

Commission. By eliminating the

construction permit requirement for the

circumstances described in the previous

paragraph, an applicant can save the 4

months’ minor change construction

permit application time, as well as

several hundred dollars in processing

fees in addition to the costs inherent in

preparing the application.

Final Paperwork Reduction Act of 1995

Analysis

5. This Report and Order contains

new or modified information collections

subject to the Paperwork Reduction Act

of 1995 (‘‘PRA’’). It has been submitted

to the Office of Management and Budget

(‘‘OMB’’) for review under the PRA.

6. This Report and Order eliminates

the requirement for a minor change

application in several instances of

minor changes to broadcast facilities for

which approval was almost automatic

under the existing process, and in

which the elimination of the

construction permit would be unlikely

to have an adverse impact on existing

broadcast stations. These changes will

cause revisions in the following

collections:

OMB Approval Number: 3060–0506.

Title: Application for FM Broadcast

Station License.

Form No.: FCC 302–FM.

Type of Review: Revision of a

currently approved collection.

Respondents: Businesses or other forprofit, not-for-profit institutions.

Number of Respondents: 757.

Estimated time per response: 4

hours—33 hours (This time varies

depending on the type of application

filed. This collection is contracted out to

communications attorneys and

consulting engineers for completion of

the form.).

Total annual burden: 2,082.

Needs and Uses:

7. Licensees and permittees of FM

broadcast stations are required to file

FCC Form 302–FM to obtain a new or

modified station license, and/or to

notify the Commission of certain

changes in the licensed facilities of

these stations.

8. On August 14, 1997 the

Commission adopted a Report and

Order in MM Docket No. 96–58 which

adopted the changes as proposed in the

NPRM and as approved by OMB on July

2, 1996. Additionally, the Commission

adopted revisions to the FCC Form 302–

FM. The revisions for FCC 302–FM are

contained in Appendix C of the Report

and Order. Until such times as the

forms are revised to incorporate this

information, applicants using the onestep licensing process must file this

supplement with the FCC 302–FM.

9. The data is used by FCC staff to

confirm that the station has been built

to terms specified in the outstanding

construction permit, and to update FCC

station files. Data is then extracted from

FCC 302–FM for inclusion in the

subsequent license to operate the

station. Applications using the new onestep process will be reviewed to ensure

that the minor changes made by the

station will not have any significant

impact on other stations and the public.

OMB Approval Number: 3060–0029.

Title: Application for TV Broadcast

Station License.

Form No.: FCC 302–TV.

Type of Review: Revision of a

currently approved collection.

Respondents: Businesses or other forprofit, not-for-profit institutions.

Number of Respondents: 83.

Estimated time per response: 21

hours—29 hours (This time varies

depending of the type of application

filed. This collection is contracted out to

communications attorneys and

consulting engineers for completion of

the form.).

Total annual burden: 210.

Needs and Uses:

10. Licensees and permittees of FM

broadcast stations are required to file

FCC Form 302-TV to obtain a new or

modified station license, and/or to

notify the Commission of certain

changes in the licensed facilities of

these stations.

11. On August 14, 1997 the

Commission adopted a Report and

Order in MM Docket No. 96–58 which

adopted the changes as proposed in the

NPRM and as approved by OMB on July

2, 1996. Additionally, the Commission

adopted revisions to the FCC Form 302–

TV. The revisions for FCC 302–TV are

contained in Appendix D of the Report

and Order. Until such times as the forms

are revised to incorporate this

information, applicants using the onestep licensing process must file this

supplement with the FCC 302–TV.

12. The data is used by FCC staff to

confirm that the station has been built

to terms specified in the outstanding

construction permit, and to update FCC

station files. Data is then extracted from

FCC 302–TV for inclusion in the

subsequent license to operate the

station. Applications using the new onestep process will be reviewed to ensure

that the minor changes made by the

station will not have any significant

impact on other stations and the public.

OMB Approval Number: 3060–0171.

Title: Section 73.1125—Station main

studio location.

Form No.: None.

Type of Review: Revision of a

currently approved collection.

Respondents: Businesses or other forprofit, not-for-profit institutions.

Number of Respondents: 155.

Estimated time per response: 0.5

hours—5 hours (This time varies

depending of the type of application

filed. The waiver request is contracted

out to communications attorneys and

consulting engineers for completion of

the form.).

Total annual burden: 108.

Needs and Uses:

13. Section 73.1125(a) requires AM,

FM or TV licensees to locate their main

studio at any point within the station’s
51054 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

1See 47 U.S.C. Section 603.

2Notice of Proposed Rulemaking in MM Docket

No. 96–58, 11 FCC Rcd 8800, 61 FR 15439 (April

8, 1996).

3See 5 U.S.C. Section 604. The Regulatory

Flexibility Act, see 5 U.S.C. Section 601 et. seq. has

been amended by the Contract With America

Advancement Act of 1996, Public Law 104–104,

110 Stat. 847 (1996) (‘‘CWAAA’’). Title II of the

CWAAA is the Small Business Regulatory

Enforcement Act of 1996 (‘‘SBREFA’’).

4Section 319(d) has been modified to read in

relevant part as follows: ‘‘With respect to any

broadcasting station, the Commission shall not have

authority to waive the requirement of a permit for

construction, except that the Commission may by

regulation determine that a permit shall not

required for minor changes in the facilities of

authorized broadcast stations.’’ Public Law 104–

104, Section 403(m), 110 Stat 56 (1996).

5Small Business Act, 15 U.S.C. Section 632

(1996).

6 5 U.S.C. Section 601(b) (incorporating by

reference the definition of ‘‘small business concern’’

in 15 U.S.C. Section 632). Pursuant to 5 U.S.C.

Section 601(b), the statutory definition of a small

business applies ‘‘unless an agency after

consultation with the Office of Advocacy if the

Small Business Administration 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.’’

7This 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:

8While we believe that the SBA’s definition of

‘‘small business’’ greatly overstates the number of

principal community contours. If the

station relocates its main studio from

one point to another within the

principal community contour or from a

point outside the principal community

contour to one within it, the licensee is

required to notify the FCC pursuant to

§ 73.1125(b)(1).

14. On August 14, 1997 the

Commission adopted a Report and

Order in MM Docket No. 96–58 which

adopted the changes as proposed in the

NPRM and as approved by OMB on July

2, 1996. The revision to § 73.1125(b)(2)

will eliminate the delay and expense of

completing the construction permit

application and will enable licensees/

permittees to make this change with

minimal delay.

15. The notification required by

§ 73.1125(b)(1) is used by FCC staff to

assure that the station main studio is

located within the principal community

contour and many times serves to notify

us of a change in the mailing address.

The data received as justification for

waiver of § 73.1125(b)(2) will enable

FCC staff to determine whether the

circumstances are sufficient to warrant

waiver of the Commission’s main

Final Regulatory Flexibility Analysis

16. As required by the Regulatory

Flexibility Act, 5 U.S.C. Section 603

(‘‘RFA’’), 1 an Initial Regulatory

Flexibility Analysis (‘‘IRFA’’) was

incorporated in Amendment of Parts 73

and 74 of the Commission’s Rules to

Permit Certain Minor Changes Without

A Construction Permit. 2 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. 3

A. Need For and Objectives of the

Proposed Rules:

17. The Commission’s Rules currently

require a construction permit for

virtually all minor changes to AM, FM,

and TV broadcast stations. This

procedure was required by Section

319(d) of the Communications Act. In

1996, at the request of the Commission,

Congress modified Section 319(d) in the

Telecommunications Act of 1996, Pub.

L. 104–104, 110 Stat. 56 (1996), to

eliminate the prohibition against

waiving the permit requirement for

applicants wanting to make minor

changes to broadcast station facilities.4

The Commission therefore proposed

revisions to its broadcast regulations to

replace, in certain instances, the two

step construction permit-license process

with a single step licensing procedure.

18. By making these changes, the

present four month period presently

required to process and grant a

construction permit will be eliminated

for those applicants choosing to use

these new procedures. In addition, the

present minor change application filing

fee (presently $690.00) will not be

required from applicants for one-step

license applications, thereby easing the

financial burden for simple changes.

The changes will also expedite new and

improved service to the public, with

minimal impact on existing stations.

The specified changes may be made

without prior authorization from the

Commission; however, it is the

licensee’s or permittee’s responsibility

to determine whether the particular

installation complies with the

Commission’s rules and regulations.

The circumstances in which the

Commission will permit the filing of

one-step licensing applications are

listed in 47 CFR 73.1690(c).

B. Summary of Significant Issues

Raised by the Public Comments in

Response to the IFRA.

19. No comments were received

specifically in response to the IFRA

contained in the Notice of Proposed

Rulemaking. However, commenters did

address the effects of the proposed rule

changes on FM and TV licensees,

including small businesses. Generally,

commenters favored the rule changes

proposed, with minor changes, some of

which have been incorporated into the

rules specified in the Appendix. See

Comments at paragraphs 8, 14, 17, 23,

26, 28–29, 34, 38, 43–46, 48, 52, 55–58,

66, 68, 73, 75, 77, 80, 83 and 85 of the

Report and Order.

C. Description and Estimate of the

Number of Small Entities To Which

Rules Will Apply.

20. Definition of a ‘‘Small Business’’.

The RFA generally defines ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small organizations’’, ‘‘small

businesses’’, and ‘‘small governmental

jurisdictions’’, and the same meaning as

the term ‘‘small business concern’’

under the Small Business Act, unless

the Commission has developed one or

more definitions that are appropriate for

its activities.5 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’’).6 According to

the SBA’s regulations, entities engaged

in radio or television broadcasting

(Standard Industrial Classification

(‘‘SIC’’) Code 4833 for television and

4832 for radio) may have a maximum of

$5.0 million or $10.5 million,

respectively, in annual receipts in order

to qualify as a small business concern.7

13 CFR 121.201. This standard also

applies in determining whether an

entity is a small business for purposes

of the RFA.

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.

21. Pursuant to 5 U.S.C. Section

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.’’ 8 While we believe that the
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51055

radio and television broadcast stations that are

small businesses and is not suitable for purposes of

determining the impact of the proposals on small

radio and television stations. However, for purposes

of this Report and Order, we utilize the SBA’s

definition in determining the number of small

businesses to which the proposed rules would

apply, but we reserve the right to to adopt a more

suitable definition of ‘‘small business’’ as applied

to radio and television broadcast stations or other

entities subject to the rules adopted in this Report

and Order and to consider further the issue of the

number of small entities that are radio and

television broadcasters or other small media entities

in the future. See Report and Order in MM Docket

93–48 (Children’s Television Programming), 11 FCC

Rcd 10660, 10737–38, 61 FR 43981 (August 27,

1996), citing 5 U.S.C. 601 (3). In our Notice of

Inquiry in GN Docket No. 96–113B, In the matter

of Section 257 Proceeding to Identify and Eliminate

Market Entry Barriers for Small Businesses, 11 FCC

Rcd 6280, 61 FR 33066 (June 26, 1996), we

requested commenters to provide profile data about

small telecommunications businesses in particular

services, including television and radio, 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.

Additionally, in our Order and Notice of Proposed

Rulemaking in MM Docket 96–16, In the Matter of

Streamlining Broadcast EEO Rules 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, 61 FR 9964 (March 12, 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.

9 13 CFR 121.201, Standard Industrial Code (SIC)

4833 (1996).

10Economics 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).

11 Id. 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.

12Economics 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).

13 Id. SIC 7812 (Motion Picture and Video Tape

Production); SIC 7922 (Theatrical Producers and

Miscellaneous Theatrical Services (producers of

live radio and television programs).

14FCC News Release No. 31327, January 13, 1993;

Economics and Statistics Administration, Bureau of

Census, U.S. Department of Commerce, supra note

78, Appendix A–9.

15FCC News Release No. 75604, July 31, 1997.

16Census 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 78, III.

17The amount of $10 million was used to

estimate the number of small business

establishments because the relevant Census

categories stopped at $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.

18 13 CFR 121.201, SIC 4832.

19Economics and Statistics Administration,

Bureau of Census, U.S. Department of Commerce,

supra note 78, Appendix A–9.

20 Id.

21 Id.

22 Id.

23The Census Bureau counts radio stations

located at the same facility as one establishment.

Therefore, each co-located AM/FM combination

counts as one establishment.

24FCC News Release No. 31327, January 13, 1993.

25FCC News Release No. 77504, July 31, 1997.

26 We use the 77 percent figure of TV stations

operating at less than $10 million for 1992 and

apply it to the 1997 total of 1551 TV stations to

arrive at 1,194 stations categorized as small

businesses.

27 We use the 96% figure of radio station

establishments with less than $5 million revenue

from the Census data and apply it to the 12,135

individual station count to arrive at 11,649

individual stations as small businesses.

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 business, we

did not propose an alternative definition

in the IRFA. 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 RFA, 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.

22. Commercial Radio and Television

Services: The proposed rules and

policies adopted in this Report and

Order will apply to full service

television broadcasting licensees, radio

broadcasting licensees, potential

licensees of either service and may have

an effect on FM and TV translators

stations as well as low power TV

stations (‘‘LPTV’’). The rules will also

apply to full service television stations

and may have an effect on TV translator

facilities and low power TV stations

(‘‘LPTV’’). The SBA defines a television

broadcasting station that has no more

than $10.5 million in annual receipts as

a small business.9 Television

broadcasting stations consist of

establishments primarily engaged in

broadcasting visual programs by

television to the public, except cable

and other pay television services.10

Included in this industry are

commercial, religious, educational, and

other television stations.11 Also

included are establishments primarily

engaged in television broadcasting and

which produce taped television program

materials.12 Separate establishments

primarily engaged in producing taped

television program materials are

classified under another SIC number.13

There were 1,509 television stations

operating in the nation in 1992.14 That

number has remained fairly constant as

indicated by the approximately 1,560

operating television broadcasting

stations in the nation as of June, 1997.15

For 1992 16 the number of television

stations that produced less than $10.0

million in revenue was 1,155

establishments.17

23. Additionally, the SBA defines a

radio broadcasting station that has no

more than $5 million in annual receipts

as a small business.18 A radio

broadcasting station is an establishment

primarily engaged in broadcasting aural

programs by radio to the public.19

Included in this industry are

commercial religious, educational, and

other radio stations.20 Radio

broadcasting stations which primarily

are engaged in radio broadcasting and

which produce radio program materials

are similarly included.21 However, radio

stations which are separate

establishments and are primarily

engaged in producing radio program

material are classified under another

SIC number.22 The 1992 Census

indicates that 96 percent (5,861 of

6,127) radio station establishments

produced less than $5 million in

revenue in 1992.23 Official Commission

records indicate that 11,334 individual

radio stations were operating in 1992.24

As of June, 1997 official Commission

records indicate that 12,177 radio

stations were operating.25

24. Thus, the proposed rules will

affect approximately 1,560 television

stations; approximately 1,201 of those

stations are considered small

businesses. 26 Additionally, the

proposed rules will affect 12,177 radio

stations, approximately 11,689 of which

are small businesses. 27 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. We

recognize that the proposed rules may

also impact minority and women owned

stations, some of which may be small

entities. In 1995, minorities owned and
51056 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

28 Minority Commercial Broadcast Ownership in

the United States, U.S. Dep’t 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.

29 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 1987 Economic Censuses, WomenOwned Business, WB87–1, U.S. Dep’t of Commerce,

Bureau of the Census, August 1990 (based on 1987

Census). 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, 61

FR 6068 (February 1, 1995).

30 In this context, ‘‘affiliation’’ refers to any local

broadcast television station that has a contractural

arrangement with aprogramming network to carry

the network’s signal. This definition of affiliated

station includes both stations owned and operated

by a network and stations owned by other entities.

31Secondary affilations are secondary to the

primary affiliation of the station and generally

afford the affiliate additional choice of

programming.

32FCC News Release No. 72712, March 6, 1997,

Broadcast Station Totals as of February 28, 1997.

33 13 CFR 121.201.

34 1992 Census, supra, at Firm Size 1–123. See

Memorandum Opinion and Order and Notice of

Proposed Rule Making in MM Docket No. 92–266

and CS Docket No. 96–157, 11 FCC Rcd 9517, 953,

61 FR 45356 (1996).

35The Commission’s definition of a small

broadcast station for purposes of applying its EEO

rules was adopted prior to the requirement of

approval by the SBA pursuant to Section 3(a) of the

Small Business Act, 15 U.S.C. Section 632, as

amended by Section 222 of the Small Business

Credit and Business Opportunity Enhancement Act

of 1992, Public Law 102–366, Section 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,

Section 301, 108 Stat. 4187 (1994). However, this

definition was adopted after public notice and

opportunity for comment. See Report and Order in

Docket No. 18244, 23 FCC 2d 430 (1970), 35 FR

8925 (June 6, 1970).

36See, e.g., 47 CFR Section 73.3612 (Requirement

to file annual employment reports on FCC Form 395

applies to licensees with five or more full-time

employees); First Report and Order in Docket No.

21474 (Amendment of Broadcast Equal

Employment Opportunity Rules and FCC Form

395), 70 FCC 2d 1466 (1979), 50 FR 50329

(December 10, 1985). 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 96–16 (Streamlining

Broadcast EEO Rules 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), 61 FR 09964 (March 12, 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.

37 47 U.S.C. § 543(m)(2).

38 47 CFR 76.1403(b).

39Paul Kagan Associates, Inc., Cable TV Investor,

Feb. 29, 1996 (based on figures for Dec. 30, 1995).

controlled 37 (3.0%) of 1,221

commercial television stations and 293

(2.9%) of the commercial radio stations

in the United States. 28 According to the

U.S. Bureau of the Census, in 1987

women owned and controlled 27 (1.9%)

of 1,342 commercial and noncommercial television stations and 394

(3.8%) of 10,244 commercial and noncommercial radio stations in the United

States. 29 We recognize that the numbers

of minority and women broadcast

owners may have changed due to an

increase in license transfers and

assignments since the passage of the

1996 Act.

25. It should also be noted that the

foregoing estimates do not distinguish

between network-affiliated 30 stations

and independent stations. As of April

1996, the BIA Publications, Inc. Master

Access Television Analyzer Database

indicates that about 73% of all

commercial television stations were

affiliated with the ABC, CBS, NBC, Fox,

UPN, or WB networks. Moreover, 7% of

those affiliates have secondary

affiliations.31

26. There are currently 4991 TV

translators, and 2001 LPTV stations

which may be affected by the new rules,

if they decide to convert to digital

television.32 The FCC does not collect

financial information of any broadcast

facility and the Department of

Commerce does not collect financial

information on these broadcast

facilities. We will assume for present

purposes, however, that most, if not all,

LPTV stations and translator stations,

could be classified as small businesses,

if considered by themselves. Thus,

translator stations generally can be

considered affiliates, as that term is

defined in the SBA regulations, with

full service stations. Given this

situation, these stations would likely

have annual revenues that exceed the

SBA maximum to be designated as

small businesses.

27. In addition to owners of operating

radio and television stations, any entity

who seeks or desires to obtain a

television or radio broadcast license

may be affected by the proposals

contained in this item. The number of

entities that may seek to obtain a

television or radio broadcast license is

unknown.

28. Additionally, the proposed

changes to the cable/MDS crossownership attribution rule will apply to

cable and MDS entities. The SBA has

developed a definition of small entities

for cable and other pay television

services under Standard Industrial

Classification 4841 (SIC 4841), which

covers subscription television services,

which includes all such companies with

annual gross revenues of $11 million or

less.33 This definition includes cable

systems operators, closed circuit

television services, direct broadcast

satellite services, multipoint

distribution systems, satellite master

antenna systems and subscription

television services. According to the

Census Bureau, there were 1,323 such

cable and other pay television services

generating less than $11 million in

revenue that were in operation for at

least one year at the end of 1992.34 This

figure is overinclusive since it includes

other pay television services, not only

cable and MDS.

29. Alternative Classification of Small

Stations. An alternative way to classify

small radio and television stations is the

number of employees. The Commission

currently applies a standard based on

the number of employees in

administering its Equal Employment

Opportunity (EEO) for broadcasting.35

Thus, radio or television stations with

fewer than five full-time employees are

exempted from certain EEO reporting

and record-keeping requirements.36

30. Cable Systems. The

Communications Act contains a

definition of a small cable system

operator, which is ‘‘a cable operator

that, directly or through an affiliate,

serves in the aggregate fewer than 1

percent of all subscribers in the United

States and is not affiliated with any

entity or entities whose gross annual

revenues in the aggregate exceed

$250,000,000.’’ 37 The Commission has

determined that there are 61,700,000

subscribers in the United States.

Therefore, we found that an operator

serving fewer than 617,000 subscribers

is deemed a small operator, if its annual

revenues, when combined with the total

annual revenues of all of its affiliates, do

not exceed $250 million in the

aggregate.38 Based on available data, we

find that the number of cable operators

serving 617,000 subscribers or less totals

1,450.39 Although it seems certain that

some of these cable system operators are

affiliated with entities whose gross

annual revenues exceed $250,000,000,

we are unable at this time to estimate

with greater precision the number of

cable system operators that would
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51057

40 47 CFR 76.901(e). The Commission developed

this definition based on its determinations that a

small cable system operator is one with annual

revenues of $100 million or less. Implementation of

Sections of the 1992 Cable Act: Rate Regulation,

Sixth Report and Order and Eleventh Order on

Reconsideration, 10 FCC Rcd 7393, 60 FR 10534

(February 27, 1995).

41Paul Kagan Associates, Inc., Cable TV Investor,

Feb. 29, 1996 (based on figures for Dec. 30, 1995).

42 47 CFR 21.961(b)(1).

43See Amendment of Parts 21 and 74 of the

Commission’s Rules With Regard to Filing

Procedures in the Multipoint Distribution Service

and in the Instructional Television Fixed Service

and Implementation of Section 309(j) of the

Communications Act—Competitive Bidding, MM

Docket No. 94–31 and PP Docket No. 93–253,

Report and Order, 10 FCC Rcd 9589, 60 FR 36524

(July 17, 1995).

44 13 CFR 121.201 (SIC 2711).

45 Id.

46U.S. Small Business Administration 1992

Economic Census Industry and Enterprise Report,

Table 3, SIC Code 2711 (Bureau of the Census data

adapted by the Office of Advocacy of the U.S. Small

Business Administration).

47 15 U.S.C. § 632.

qualify as small cable operators under

the definition in the Communications

Act.

31. The Commission has developed

its own definition of a small cable

system operator for the purposes of rate

regulation. Under the Commission’s

rules, a ‘‘small cable company,’’ is one

serving fewer than 400,000 subscribers

nationwide.40 Based on our most recent

information, we estimate that there were

1,439 cable operators that qualified as

small cable system operators at the end

of 1995.41 Since then, some of those

companies may have grown to serve

over 400,000 subscribers, and others

may have been involved in transactions

that caused them to be combined with

other cable operators. Consequently, we

estimate that there are fewer than 1,439

small entity cable system operators that

may be affected by the proposal adopted

in this Notice. Under the Commission’s

rules, a small cable system is a cable

system with 15,000 or fewer subscribers

owned by a cable company serving

400,000 or fewer subscribers over all of

its cable systems.

32. MDS. The Commission redefined

the definition of ‘‘small entity’’ for the

auction of MDS as an entity that

together with its affiliates has average

gross annual revenues that are not more

than $40 million for the preceding three

calendar years.42 This definition of a

small entity in the context of MDS

auctions has been approved by the

SBA.43

33. The Commission completed its

MDS auction in March 1996 for

authorizations in 493 basic trading areas

(BTAs). Of 67 winning bidders, 61

qualified as small entities. Five bidders

indicated that they were minorityowned and four winners indicated that

they were women-owned businesses.

MDS is a service heavily encumbered

with approximately 1,573 previously

authorized and proposed MDS facilities

and information available to us

indicates that no MDS facility generates

revenue in excess of $11 million

annually. We conclude that for purposes

of this FRFA, there are approximately

1,634 small MDS providers as defined

by the SBA and the Commission’s

auction rules.

34. Newspapers. Some of the

proposals delineated above may also

apply to daily newspapers that hold or

seek to acquire an interest in a broadcast

station that would be treated as

attributable under the proposals. A

newspaper is an establishment that is

primarily engaged in publishing

newspapers, or in publishing and

printing newspapers.44 The SBA defines

a newspaper that has 500 or fewer

employees as a small business.45 Based

on data from the U.S. Census Bureau,

there are a total of approximately 6,715

newspapers, and 6,578 of those meet the

SBA’s size definition.46 However, we

recognize that some of these newspapers

may not be independently owned and

operated and, therefore, would not be

considered a ‘‘small business concern’’

under the Small Business Act.47 We are

unable to estimate at this time how

many newspapers are affiliated with

larger entities. Moreover, the proposal

would apply only to daily newspapers,

and we are unable to estimate how

many newspapers that meet the SBA’s

size definition are daily newspapers.

Consequently, we estimate that there are

fewer than 6,578 newspapers that may

be affected by the proposed rules.

D. Description of Recordkeeping and

Other Projected Compliance

Requirements

35. Applicants filing a one-step

license application will be required to

provide a reduced amount of

information as compared to that

currently required for a construction

permit. This information may consist of

a radiofrequency radiation analysis to

insure public safety, directional antenna

information to insure protection to other

stations, etc. as set forth Appendices C

and D of the Report and Order. The

information required in Appendices C

and D with a one-step license

application generally is the minimum

necessary for the Commission to verify

compliance with its rules and

regulations.

36. It must be noted that a permittee

or licensee is not required to subject

itself to the new one-step license

requirements if it chooses not to do so.

Any permittee or licensee may, at its

option, use the present two-step process

of obtaining a construction permit,

followed by the filing of a license

application once construction is

complete. However, in many instances,

the new procedures will reduce the time

and expense required to implement

certain minor changes to broadcast

stations.

37. Most permittees and licensees

retain professional consulting engineers

or legal counsel, or both in preparing

construction permit applications. We do

not expect this to change significantly

by the adoption of the new rules and

procedures. However, the time needed

for the preparation of the simplified

one-step applications will be reduced,

translating into time and money savings

for the broadcast applicant.

E. Steps Taken To Minimize Burden on

Small Entities and Significant

Alternatives Considered and Rejected

38. 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. The action taken does not

impose additional burdens on small

entities. Indeed, the opposite is true.

The minor change application filing fee

will be eliminated for applicants which

meet the criteria for eligibility for

applicants which meet the criteria for

eligibility in 47 CFR 73.1690 as set forth

below. One-step license applications

also require that lesser amounts of

information be submitted to the

Commission as compared to a

construction permit application. The

rule and policy changes will have a

positive economic impact, as eligible

entities, including small entities, will be

able to increase their service or make

certain modifications without prior

Commission authorization and with

fewer legal challenges. All entities will

still be able to file informal objections

against a one-step license application,

just as they may do now against a

construction permit application. This

should address the concerns of those

commenters who sought a special notice

and comment period for each one-step

license application.

F. Report to Congress

39. 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 Section 251 of the Small Business

Regulatory Enforcement Fairness Act of

1996, codified at 5 U.S.C. Section

801(a)(1)(A). A copy of this RFA will
51058 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

also be published in the Federal

Register.

Ordering Clauses

40. Accordingly, it is ordered that

pursuant to the authority contained in

Sections 4(i), 303(r), and 307(c) of the

Communications Act of 1934, as

amended, 47 CFR Parts 1, 73, and 74 are

amended as set forth below.

41. It is further ordered that the

requirements and regulations

established in this Report and Order

will become effective December 1, 1997

or upon receipt by Congress of a report

in compliance with the Contract with

America Advancement Act of 1996,

Public Law 104–121, whichever date is

later.

42. For further information contact

Dale Bickel of the Audio Services

Division, Mass Media Bureau at (202)

418–2720, or by e-mail at

dbickel@fcc.gov.

List of Subjects

47 CFR Part 1

Practice and procedure.

47 CFR Part 73

Radio broadcasting, Television

broadcasting.

47 CFR Part 74

Experimental Radio, Auxiliary,

Special Broadcast and Other Program

Distributional Services.

Federal Communications Commission

Shirley Suggs,

Chief, Publications Branch.

Rule Changes

Parts 1, 73, and 74 of title 47 are

amended to read as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 154, 158.

2. Section 1.1104 is amended by

adding entries in the table for 1. b.(1),

2. b.(1), and 3. b.(1) to read as follows:

§ 1.1104 Schedule of charges for

applications and other filings in the mass

media services.

Action FCC Form No. Fee amount Payment

type code Address

* * * * * * *

1. * * * b. * * * (1) Main Studio Request.159 & Corres. ............. 690 MPT Federal Communications Commission, Mass

Media Services, P.O. Box 358165, Pittsburgh,

PA 15251–5165.

* * * * * * *

2. * * * b. * * * (1) Main Studio Request.159 & Corres. ............. 690 MPT Federal Communications Commission, Mass

Media Services, P.O. Box 358190, Pittsburgh,

PA 15251–5190.

* * * * * * *

3. * * * b. * * * (1) Main Studio Request.159 & Corres. ............. 690 MPT Federal Communications Commission, Mass

Media Services, P.O. Box 358195, Pittsburgh,

PA 15251–5195.

* * * * * * *

PART 73—RADIO BROADCAST

SERVICES

3. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

4. Section 73.14 is amended by

adding the following new definition in

alphabetical order to read as follows:

§ 73.14 AM Broadcast definitions.

* * * * *

Auxiliary facility. An auxiliary facility

is an AM antenna tower(s) separate from

the main facility’s antenna tower(s),

permanently installed at the same site or

at a different location, from which an

AM station may broadcast for short

periods without prior Commission

authorization or notice to the

Commission while the main facility is

not in operation (e.g., where tower work

necessitates turning off the main

antenna or where lightning has caused

damage to the main antenna or

transmission system) (See § 73.1675).

* * * * *

5. Section 73.310(a) is amended by

adding the following definitions in

alphabetical order to read as follows:

§ 73.310 FM technical definitions.

* * * * *

Auxiliary facility. An auxiliary facility

is an antenna separate from the main

facility’s antenna, permanently installed

on the same tower or at a different

location, from which a station may

broadcast for short periods without

prior Commission authorization or

notice to the Commission while the

main facility is not in operation (e.g.,

where tower work necessitates turning

off the main antenna or where lightning

has caused damage to the main antenna

or transmission system) (See § 73.1675).

* * * * *

Composite antenna pattern. The

composite antenna pattern is a relative

field horizontal plane pattern for 360

degrees of azimuth, for which the value

at a particular azimuth is the greater of

the horizontally polarized or vertically

polarized component relative field

values. The composite antenna pattern

is normalized to a maximum of unity

(1.000) relative field.

* * * * *

6. Section 73.316 is amended by

adding new paragraph (c)(9), revising

paragraph (e), and removing paragraphs

(f), (g), (h), and (i) to read as follows:

§ 73.316 FM antenna systems.

* * * * *

(c) * * *

(9) In the case of an application for

license upon completion of antenna

construction for a station authorized

pursuant to § 73.215 or § 73.509, a

showing that the root mean square

(RMS) of the measured composite

antenna pattern (encompassing both the

horizontally and vertically polarized

radiation components (in relative field))

is at least 85% of the RMS of the
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51059

authorized composite directional

antenna pattern (in relative field). The

RMS values, for a composite antenna

pattern specified in relative field values,

may be determined from the following

formula:

RMS = the square root of:

[(relative field value 1) ield value 2) (last relative field value)

number of relative field values summed 

2 2 2 + + ⋅⋅⋅ + ( ] relative f

where the relative field values are taken

from at least 36 evenly spaced radials

for the entire 360 degrees of azimuth.

The application for license must also

demonstrate that coverage of the

community of license by the 70 dBu

contour is maintained for stations

authorized pursuant to § 73.215 on

Channels 221 through 300, as required

by § 73.315(a), while noncommercial

educational stations operating on

Channels 201 through 220 must show

that the 60 dBu contour covers at least

a portion of the community of license.

* * * * *

(e) Where an FM licensee or permittee

proposes to mount its antenna on an

AM antenna tower, or locate within 3.2

km of an AM antenna tower, the FM

licensee or permittee must comply with

§ 73.1692.

7. Section 73.525 is amended by

adding new paragraph (e)(1)(vii) to read

as follows:

§ 73.525 TV Channel 6 protection.

* * * * *

(e) * * *

(1) * * *

(vii) In cases where the predicted

interference area to Channel 6 television

from a noncommercial educational FM

station will be located within the 90

dBu F(50,50) contour of the television

Channel 6 station, the location of the

FM interfering contour must be

determined using the assumption that

the Channel 6 field strength remains

constant at 90 dBu everywhere within

the 90 dBu TV contour. The FM to

Channel 6 U/D signal strength ratio

specified in § 73.599 corresponding to

the Channel 6 TV field strength of 90

dBu shall be used.

* * * * *

8. Section 73.681 is amended by

adding the following new definition in

alphabetical order to read as follows:

§ 73.681 Definitions.

* * * * *

Auxiliary facility. An auxiliary facility

is an antenna separate from the main

facility’s antenna, permanently installed

on the same tower or at a different

location, from which a station may

broadcast for short periods without

prior Commission authorization or

notice to the Commission while the

main facility is not in operation (e.g.,

where tower work necessitates turning

off the main antenna or where lightning

has caused damage to the main antenna

or transmission system) (See § 73.1675).

* * * * *

9. Section 73.685 is amended by

revising paragraph (h) to read as

follows:

§ 73.685 Transmitter location and antenna

system.

* * * * *

(h) Where a TV licensee or permittee

proposes to mount an antenna on an

AM antenna tower, or locate within 3.2

km of an AM antenna tower, the TV

licensee or permittee must comply with

§ 73.1692.

10. Section 73.1125 is amended by

revising paragraph (b)(2) to read as

follows.

§ 73.1125 Station main studio location.

* * * * *

(b) * * *

(2) Written authority to locate a main

studio outside a station’s principal

community contour for the first time

must be obtained from the Audio

Services Division, Mass Media Bureau

for AM and FM stations, or the

Television Branch, Video Services

Division, Mass Media Bureau for

television stations before the studio may

be moved to that location. Where the

main studio is already authorized at a

location outside the station’s principal

community contour, and the licensee or

permittee desires to specify a new

location also located outside the

station’s principal community contour,

written authority must also be received

from the Commission prior to the

relocation of the main studio. Authority

for these changes may be requested by

filing a letter with an explanation of the

proposed changes with the appropriate

division. Licensees or permittees should

be aware that the filing of a letter

request for written authority to locate

the main studio outside the principal

community contour does not imply

approval of the relocation request,

because each request is addressed on a

case-by-case basis. A filing fee is

required for commercial AM, FM, or TV

licensees or permittees filing a letter

request under this section (see § 1.1104).

* * * * *

11. Section 73.1620 is amended by

revising paragraph (a)(2), adding

paragraphs (a)(3) and (a)(4), and revising

paragraph (b) to read as follows:

§ 73.1620 Program tests.

(a) * * *

(2) The permittee of an FM station

with a directional antenna system must

file an application for license on FCC

Form 302–FM requesting authority to

commence program test operations at

full power with the FCC in Washington,

D.C. This license application must be

filed at least 10 days prior to the date

on which full power operations are

desired to commence. The application

for license must contain any exhibits

called for by conditions on the

construction permit. The staff will

review the license application and the

request for program test authority and

issue a letter notifying the applicant

whether full power operation has been

approved. Upon filing of the license

application and related exhibits, and

while awaiting approval of full power

operation, the FM permittee may

operate the directional antenna at one

half (50%) of the authorized effective

radiated power. Alternatively, the

permittee may continue operation with

its existing licensed facilities pending

the issuance of program test authority at

the full effective radiated power by the

staff.

(3) FM licensees replacing a

directional antenna pursuant to

§ 73.1690 (c)(2) without changes which

require a construction permit (see

§ 73.1690(b)) may immediately

commence program test operations with

the new antenna at one half (50%) of the

authorized ERP upon installation. If the

directional antenna replacement is an

EXACT duplicate of the antenna being

replaced (i.e., same manufacturer,

antenna model number, AND measured

composite pattern), program tests may

commence with the new antenna at the

full authorized power upon installation.

The licensee must file a modification of

license application on FCC Form 302–

FM within 10 days of commencing

operations with the newly installed

antenna, and the license application

must contain all of the exhibits required

by § 73.1690(c)(2). After review of the

modification-of-license application to

cover the antenna change, the
51060 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

Commission will issue a letter notifying

the applicant whether program test

operation at the full authorized power

has been approved for the replacement

directional antenna.

(4) The permittee of an AM station

with a directional antenna system must

file an application for license on FCC

Form 302–AM requesting program test

authority with the FCC in Washington,

DC at least ten (10) days prior to the

date on which it desires to commence

program test operations. The application

must provide an AM directional

antenna proof of performance,

containing the exhibits required by

§ 73.186. After review of the application

to cover the construction permit, the

Commission will issue a letter notifying

the applicant whether program test

operations may commence. Program test

operations may not commence prior to

issuance of staff approval.

(b) The Commission reserves the right

to revoke, suspend, or modify program

tests by any station without right of

hearing for failure to comply adequately

with all terms of the construction permit

or the provisions of § 73.1690(c) for a

modification of license application, or

in order to resolve instances of

interference. The Commission may, at

its discretion, also require the filing of

a construction permit application to

bring the station into compliance the

Commission’s rules and policies.

* * * * *

12. Section 73.1675 is amended by

revising paragraph (c) to read as follows:

§ 73.1675 Auxiliary facilities.

* * * * *

(c) (1) Where an FM or TV licensee

proposes to use a formerly licensed

main facility as an auxiliary facility, or

proposes to modify a presently

authorized auxiliary facility, and no

changes in the height of the antenna

radiation center are required in excess

of the limits in § 73.1690(c)(1), the FM

or TV licensee may apply for the

proposed auxiliary facility by filing a

modification of license application. The

modified auxiliary facility must operate

on the same channel as the licensed

main facility. An exhibit must be

provided with this license application

to demonstrate compliance with

§ 73.1675(a). All FM and TV licensees

may request a decrease from the

authorized facility’s ERP in the license

application. An FM or TV licensee may

also increase the ERP of the auxiliary

facility in a license modification

application, provided the application

contains an analysis demonstrating

compliance with the Commission’s

radiofrequency radiation guidelines,

and an analysis showing that the

auxiliary facility will comply with

§ 73.1675(a). Auxiliary facilities

mounted on an AM antenna tower must

also demonstrate compliance with

§ 73.1692 in the license application.

(2) Where an AM licensee proposes to

use a former licensed main facility as an

auxiliary facility with an ERP less than

or equal to the ERP specified on the

former main license, the AM station

may apply to license the proposed

auxiliary facility by filing a modification

of license application on Form 302-AM.

The proposed auxiliary facilities must

have been previously licensed on the

same frequency as the present main

facility. The license application must

contain an exhibit to demonstrate

compliance with § 73.1675(a).

13. Section 73.1690 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 73.1690 Modification of transmission

systems.

* * * * *

(b) The following changes may be

made only after the grant of a

construction permit application on FCC

Form 301 for commercial stations or

Form 340 for noncommercial

educational stations:

(1) Any construction of a new tower

structure for broadcast purposes, except

for replacement of an existing tower

with a new tower of identical height and

geographic coordinates.

(2) Any change in station geographic

coordinates, including coordinate

corrections. FM and TV directional

stations must also file a construction

permit application for any move of the

antenna to another tower structure

located at the same coordinates.

(3) Any change which would require

an increase along any azimuth in the

composite directional antenna pattern of

an FM station from the composite

directional antenna pattern authorized

(see § 73.316), or any increase from the

authorized directional antenna pattern

for a TV station (see § 73.685).

(4) Any change in the directional

radiation characteristics of an AM

directional antenna system. See § 73.45

and § 73.150.

(5) Any decrease in the authorized

power of an AM station or the ERP of

a TV station, or any decrease or increase

in the ERP of an FM commercial station,

which is intended for compliance with

the multiple ownership rules in

§ 73.3555.

(6) For FM noncommercial

educational stations, any of the

following:

(i) Any increase in the authorized

maximum ERP, whether horizontally or

vertically polarized, for a

noncommercial educational FM station

operating on Channels 201 through 220,

or a Class D FM station operating on

Channel 200..

(ii) For those FM noncommercial

educational stations on Channels 201 to

220, or a Class D FM station operating

on Channel 200, which are within the

separation distances specified in Table

A of § 73.525 with respect to a Channel

6 television station, any increase in the

horizontally or vertically polarized ERP

from the presently authorized ERP.

(iii) For those FM noncommercial

educational stations on Channels 201

through 220 which are located within

the separation distances in § 73.525

with respect to a Channel 6 television

station, or a Class D FM station

operating on Channel 200, any decrease

in the presently authorized horizontal

effective radiated power which would

eliminate the horizontal ERP to result in

use of vertical ERP only.

(iv) For those FM noncommercial

educational stations which employ

separate antennas for the horizontal ERP

and the vertical ERP, mounted at

different heights, the station may not

increase or decrease either the

horizontal ERP or the vertical ERP

without a construction permit.

(7) Any increase in the authorized

ERP of a television station, FM

commercial station, or noncommercial

educational FM station, except as

provided for in §§ 73.1690(c)(4), (c)(5),

or (c)(7), or § 73.1675(c)(1) in the case of

auxiliary facilities.

(8) A commercial TV or

noncommercial educational TV station

operating on Channels 14 or Channel 69

may increase its horizontally or

vertically polarized ERP only after the

grant of a construction permit. A

television station on Channels 15

through 21 within 341 km of a

cochannel land mobile operation, or 225

km of a first-adjacent channel land

mobile operation, must also obtain a

construction permit before increasing

the horizontally or vertically polarized

ERP (see Part 74, § 74.709(a) and (b) for

tables of urban areas and corresponding

reference coordinates of potentially

affected land mobile operations).

(c) The following FM and TV station

modifications may be made without

prior authorization from the

Commission. A modification of license

application must be submitted to the

Commission within 10 days of

commencing program test operations

pursuant to § 73.1620. With the

exception of applications filed solely

pursuant to Sections (c)(6), (c)(9), or

(c)(10), the modification of license

application must contain an exhibit

demonstrating compliance with the
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51061

Commission’s radiofrequency radiation

guidelines. In addition, except for

applications solely filed pursuant to

Sections (c)(6) or (c)(9), where the

installation is located within 3.2 km of

an AM tower or is located on an AM

tower, an exhibit demonstrating

compliance with § 73.1692 is also

required.

(1) Replacement of an omnidirectional

antenna with one of the same or

different number of antenna bays,

provided that the height of the antenna

radiation center is not more than 2

meters above or 4 meters below the

authorized values. Any concurrent

change in ERP must comply with

§ 73.1675(c)(1), 73.1690(4), (c)(5), or

(c)(7). Program test operations at the full

authorized ERP may commence

immediately upon installation pursuant

to § 73.1620(a)(1).

(2) Replacement of a directional FM

antenna, where the measured composite

directional antenna pattern does not

exceed the licensed composite

directional pattern at any azimuth,

where no change in effective radiated

power will result, and where

compliance with the principal coverage

requirements of § 73.315(a) will be

maintained by the measured directional

pattern. The antenna must be mounted

not more than 2 meters above or 4

meters below the authorized values. The

modification of license application on

Form 302-FM to cover the antenna

replacement must contain all of the data

in the following sections (i) through (v).

Program test operations at one half

(50%) power may commence

immediately upon installation pursuant

to § 73.1620(a)(3). However, if the

replacement directional antenna is an

exact replacement (i.e., no change in

manufacturer, antenna model number,

AND measured composite antenna

pattern), program test operations may

commence immediately upon

installation at the full authorized power.

(i) A measured directional antenna

pattern and tabulation on the antenna

manufacturer’s letterhead showing both

the horizontally and vertically polarized

radiation components and

demonstrating that neither of the

components exceeds the authorized

composite antenna pattern along any

azimuth.

(ii) Contour protection stations

authorized pursuant to § 73.215 or

§ 73.509 must attach a showing that the

RMS (root mean square) of the

composite measured directional antenna

pattern is 85% or more of the RMS of

the authorized composite antenna

pattern. See § 73.316(c)(9). If this

requirement cannot be met, the licensee

may include new relative field values

with the license application to reduce

the authorized composite antenna

pattern so as to bring the measured

composite antenna pattern into

compliance with the 85% requirement.

(iii) A description from the

manufacturer as to the procedures used

to measure the directional antenna

pattern. The antenna measurements

must be performed with the antenna

mounted on a tower, tower section, or

scale model equivalent to that on which

the antenna will be permanently

mounted, and the tower or tower section

must include transmission lines,

ladders, conduits, other antennas, and

any other installations which may affect

the measured directional pattern.

(iv) A certification from a licensed

surveyor that the antenna has been

oriented to the proper azimuth.

(v) A certification from a qualified

engineer who oversaw installation of the

directional antenna that the antenna

was installed pursuant to the

manufacturer’s instructions.

(3) A directional TV station on

Channels 2 through 13 or 22 through 68,

or a directional TV station on Channels

15 through 21 which is in excess of 341

km (212 miles) from a cochannel land

mobile operation or in excess of 225 km

(140 miles) from a first-adjacent channel

land mobile operation (see Part 74,

§ 74.709(a) and (b) for tables of urban

areas and reference coordinates of

potentially affected land mobile

operations), may replace a directional

TV antenna by a license modification

application, if the proposed horizontal

theoretical directional antenna pattern

does not exceed the licensed horizontal

directional antenna pattern at any

azimuth and where no change in

effective radiated power will result. The

modification of license application on

Form 302–TV must contain all of the

data set forth in § 73.685(f).

(4) Commercial and noncommercial

educational FM stations operating on

Channels 221 through 300 (except Class

D), NTSC TV stations operating on

Channels 2 through 13 and 22 through

68, and TV stations operating on

Channels 15 through 21 that are in

excess of 341 km (212 miles) from a

cochannel land mobile operation or in

excess of 225 km (140 miles) from a

first-adjacent channel land mobile

operation [see Part 74, § 74.709(a) and

(b) for tables of urban areas and

reference coordinates of potentially

affected land mobile operations], which

operate omnidirectionally, may increase

the vertically polarized effective

radiated power up to the authorized

horizontally polarized effective radiated

power in a license modification

application. Noncommercial

educational FM licensees and

permittees on Channels 201 through

220, that do not use separate antennas

mounted at different heights for the

horizontally polarized ERP and the

vertically polarized ERP, and are located

in excess of the separations from a

Channel 6 television station listed in

Table A of § 73.525(a)(1), may also

increase the vertical ERP, up to (but not

exceeding) the authorized horizontally

polarized ERP via a license modification

application. Program test operations

may commence at full power pursuant

to § 73.1620(a)(1).

(5) Those Class A FM commercial

stations which were permitted to

increase ERP pursuant to MM Docket

No. 88–375 by a modification of license

application remain eligible to do so,

provided that the station meets the

requirements of § 73.1690 (c)(1) and is

listed on one of the Public Notices as

authorized to increase ERP, or by a letter

from the Commission’s staff authorizing

the change. These Public Notices were

released on November 3, 1989;

November 17, 1989; December 8, 1989;

March 2, 1990; and February 11, 1991.

The increased ERP must comply with

the multiple ownership requirements of

§ 73.3555. Program test operations may

commence at full power pursuant to

§ 73.1620(a)(1).

(6) FM contour protection stations

authorized pursuant to § 73.215 which

have become fully spaced under

§ 73.207 may file a modification of

license application to delete the

§ 73.215 contour protection designation

with an exhibit to demonstrate that the

station is fully spaced in accordance

with § 73.207. The contour protection

designation will be removed upon grant

of the license application. Applications

filed under this rule section will be

processed on a first come / first served

basis with respect to conflicting FM

commercial minor change applications

and modification of license applications

(including those filed pursuant to

§ 73.1690 (b) and (c)(6) and (c)(7)).

(7) FM omnidirectional commercial

stations, and omnidirectional

noncommercial educational FM stations

operating on Channels 221 through 300

(except Class D), which are not

designated as contour protection

stations pursuant to § 73.215 and which

meet the spacing requirements of

§ 73.207, may file a license modification

application to increase ERP to the

maximum permitted for the station
51062 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

class, provided that any change in the

height of the antenna radiation center

remains in accordance with

§ 73.1690(c)(1). Program test operations

may commence at full power pursuant

to § 73.1620(a)(1). All of the following

conditions also must be met before a

station may apply pursuant to this

section:

(i) The station may not be a

‘‘grandfathered’’ short-spaced station

authorized pursuant to § 73.213 or

short-spaced by a granted waiver of

§ 73.207;

(ii) If the station is located in or near

a radio quiet zone, radio coordination

zone, or a Commission monitoring

station (see § 73.1030 and § 0.121(c)),

the licensee or permittee must have

secured written concurrence from the

affected radio quiet zone, radio

coordination zone, or the Commission’s

Compliance and Information Bureau in

the case of a monitoring station, to

increase effective radiated power PRIOR

to implementation. A copy of that

concurrence must be submitted with the

license application to document that

concurrence has been received;

(iii) The station does not require

international coordination as the station

does not lie within the border zones, or

clearance has been obtained from

Canada or Mexico for the higher power

operation within the station’s specified

domestic class and the station complies

with § 73.207(b)(2) and (3) with respect

to foreign allotments and allocations;

(iv) The increased ERP will not cause

the station to violate the multiple

ownership requirements of § 73.3555.

(8) FM commercial stations and FM

noncommercial educational stations

may decrease ERP on a modification of

license application provided that

exhibits are included to demonstrate

that all six of the following

requirements are met:

(i) Commercial FM stations must

continue to provide a 70 dBu principal

community contour over the community

of license, as required by § 73.315(a).

Noncommercial educational FM stations

must continue to provide a 60 dBu

contour over at least a portion of the

community of license. The 60 and 70

dBu contours must be predicted by use

of the standard contour prediction

method in § 73.313(b), (c), and (d).

(ii) For both commercial FM and

noncommercial educational FM

stations, the location of the main studio

remains within the 70 dBu principal

community contour, as required by

§ 73.1125, or otherwise complies with

that rule. The 70 dBu contour must be

predicted by use of the standard contour

prediction method in § 73.313(b), (c),

and (d).

(iii) For commercial FM stations only,

there is no change in the authorized

station class as defined in § 73.211.

(iv) For commercial FM stations only,

the power decrease is not necessary to

achieve compliance with the multiple

ownership rule, § 73.3555.

(v) Commercial FM stations,

noncommercial educational FM stations

on Channels 221 through 300, and

noncommercial educational FM stations

on Channels 200 through 220 which are

located in excess of the distances in

Table A of § 73.525 with respect to a

Channel 6 TV station, may not use this

rule to decrease the horizontally

polarized ERP below the value of the

vertically polarized ERP.

(vi) Noncommercial educational FM

stations on Channels 201 through 220

which are within the Table A distance

separations of § 73.525, or Class D

stations on Channel 200, may not use

the license modification process to

eliminate an authorized horizontally

polarized component in favor of

vertically polarized-only operation. In

addition, noncommercial educational

stations operating on Channels 201

through 220, or Class D stations on

Channel 200, which employ separate

horizontally and vertically polarized

antennas mounted at different heights,

may not use the license modification

process to increase or decrease either

the horizontal ERP or vertical ERP

without a construction permit.

(9) The licensee of an AM, FM, or TV

commercial station may propose to

change from commercial to

noncommercial educational on a

modification of license application,

provided that the application contains

completed Sections II and IV of FCC

Form 340. In addition, a noncommercial

educational AM licensee, a TV licensee

on a channel not reserved for

noncommercial educational use, or an

FM licensee on Channels 221 to 300

(except Class D FM) on a channel not

reserved for noncommercial educational

use, may apply to change from

educational to commercial via a

modification of license application, and

no exhibits are required with the

application. The change will become

effective upon grant of the license

application.

(10) Replacement of a transmission

line with one of a different type or

length which changes the transmitter

operating power (TPO) from the

authorized value, but not the ERP, must

be reported in a license modification

application to the Commission.

* * * * *

14. New § 73.1692 is added to read as

follows:

§ 73.1692 Broadcast station construction

near or installation on an AM broadcast

tower.

Where a broadcast licensee or

permittee proposes to mount a broadcast

antenna on an AM station tower, or

where construction is proposed within

0.8 km of an AM nondirectional tower

or within 3.2 km of an AM directional

station, the broadcast licensee or

permittee is responsible for ensuring

that the construction does not adversely

affect the AM station, as follows:

(a) Installations on an AM

nondirectional tower. During

installation of the broadcast antenna

and related equipment, the AM station

shall determine operating power by the

indirect method (see § 73.51). Upon the

completion of the installation, antenna

impedance measurements on the AM

antenna shall be made, and, prior to or

simultaneously with the filing of the

license application covering the

broadcast station installation, an

application on FCC Form 302–AM

(including a tower sketch of the

installation) shall be filed with the

Commission for the AM station to return

to direct power measurement.

(b) Installations on an AM directional

array. Prior to commencing

construction, the broadcast permittee or

licensee shall notify the AM station so

that, if necessary, the AM station may

determine operating power by the

indirect method (see § 73.51) and

request special temporary authority

pursuant to § 73.1635 to operate with

parameters at variance in order to

maintain monitoring point field

strengths within authorized limits. Both

prior to the commencement of

construction and upon completion of

construction, a partial proof of

performance (as defined by § 73.154)

shall be conducted to establish that the

AM array has not been adversely

affected. Prior to or simultaneously with

filing of the license application to cover

the broadcast station construction, the

results of the partial proof of

performance shall be filed with the

Commission on Form 302–AM.

(c) Tower erections or modifications

within 0.8 km of an AM nondirectional

tower. Prior to commencing the

construction of tower modifications, or

the erection of a new tower, within 0.8

km of an AM nondirectional tower, the

broadcast permittee or licensee is

required to notify the AM station so that

the AM station may commence

determining operating power by the

indirect method (see § 73.51). The

broadcast licensee or permittee shall be

responsible for the installation and

continued maintenance of detuning

apparatus necessary to prevent adverse
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51063

effects on the radiation pattern of the

AM station. Both prior to construction

of the tower modifications and upon

completion of construction, antenna

impedance measurements of the AM

station shall be made. In addition,

sufficient field strength measurements

taken at a minimum of 10 locations

along each of 8 equally spaced radials,

shall be made to establish that the AM

radiation pattern is essentially

omnidirectional. Prior or

simultaneously with the filing of the

application for license to cover this

permit, the results of the impedance

measurements and the field strength

measurements shall be filed with the

Commission on FCC Form 302–AM for

the AM station to return to the direct

method of power determination.

(d) Tower erections or modifications

within 3.2 km of an AM directional

station. Prior to commencing

construction of tower modifications, or

the erection of a new tower structure,

within 3.2 km of an AM directional

array, the broadcast permittee or

licensee shall notify the AM station so

that, if necessary, the AM station may

determine operating power by the

indirect method (see § 73.51) and

request special temporary authority

pursuant to § 73.1635 to operate with

parameters at variance in order to

maintain monitoring point field

strengths within authorized limits. The

broadcast licensee or permittee shall be

responsible for the installation and

continued maintenance of detuning

apparatus necessary to prevent adverse

effects upon the radiation pattern of the

AM station. Both prior to the

commencement of construction and

upon completion of construction, a

partial proof of performance (as defined

by § 73.154) shall be conducted to

establish that the AM array has not been

adversely affected. Prior to or

simultaneously with filing of the license

application to cover the broadcast

station construction, the results of the

partial proof of performance shall be

filed with the Commission on Form

302–AM.

15. Section 73.3500 is amended by

removing the entry for ‘‘Form 302’’ and

adding the following entries in the order

of the form number to read as follows:

§ 73.3500 Application and report forms.

* * * * *

Form 302–AM—Application for AM

Broadcast Station License

Form 302–TV—Application for

Television Broadcast Station License

* * * * *

16. Section 73.3536 is amended by

revising paragraph (b)(1) to read as

follows:

§ 73.3536 Application for license to cover

construction permit.

* * * * *

(b) * * *

(1)(i) Form 302–AM for AM stations,

‘‘Application for New AM Station

Broadcast License.’’

(ii) Form 302–FM for FM stations,

‘‘Application for FM Station License.’’

(iii) Form 302–TV for television

stations, ‘‘Application for TV Station

Broadcast License.’’

* * * * *

17. Section 73.3537 is amended to

read as follows:

§ 73.3537 Application for license to use

former main antenna as an auxiliary.

See § 73.1675, Auxiliary facility.

18. Section 73.3538 is amended by

revising the introductory text, the

introductory text of paragraph (a),

paragraphs (a)(1), (a)(2), and (a)(3), and

by removing paragraphs (a)(5), (a)(6) and

(a)(7) and adding paragraph (b)(3) to

read as follows:

§ 73.3538 Application to make changes in

an existing station.

Where prior authority is required

from the FCC to make changes in an

existing station, the following

procedures shall be used to request that

authority:

(a) An application for construction

permit using the forms listed in

§ 73.3533 must be filed for authority to:

(1) Make any of the changes listed in

§ 73.1690(b).

(2) Change the hours of operation of

an AM station, where the hours of

operation are specified on the license or

permit.

(3) Install a transmitter which has not

been approved (type accepted) by the

FCC for use by licensed broadcast

stations.

* * * * *

(b) * * *

(3) Relocation of a main studio

outside the principal community

contour may require the filing and

approval of a letter request for authority

to make this change prior to

implementation. See § 73.1125.

19. Section 73.3544 is amended by

revising paragraph (a) to read as follows:

§ 73.3544 Application to obtain a modified

station license.

* * * * *

(a) The changes specified in

§ 73.1690(c) may be made by the filing

of a license application using the forms

listed in § 73.3536(b)(1).

* * * * *

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER DISTRIBUTIONAL

SERVICES

20. The authority citation for part 74

continues to read as follows:

Authority: 47 U.S.C. 154, 307, 554.

21. Section 74.780 is amended by

adding the following entry in numerical

order to read as follows:

§ 74.780 Broadcast regulations applicable

to translators, low power, and booster

stations.

* * * * *

Section 73.1692—Construction near

or installation on an AM broadcast

tower.

* * * * *

22. Section 74.1235 is amended by

revising paragraph (h) to read as

follows:

§ 74.1235 Power limitations and antenna

systems.

* * * * *

(h) All applications must comply with

§ 73.316, paragraphs (d) and (e) of this

chapter.

* * * * *

23. Section 74.1237 is amended by

adding paragraph (e) to read as follows:

§ 74.1237 Antenna location.

* * * * *

(e) A translator or booster station to be

located on an AM antenna tower or

located within 3.2 km of an AM antenna

tower must comply with § 73.1692 of

this chapter.

[FR Doc. 97–25788 Filed 9–29–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 32, 43, and 64

[CC Docket No. 96–193; FCC 97–145]

Reform of Filing Requirements and

Carrier Classifications; Anchorage

Telephone Utility, Petition for

Withdrawal of Cost Allocation Manual;

Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule, Correction.

SUMMARY: This document contains a

correction to the final rule which was

published Thursday, July 24, 1997, (62

FR 39776). This rule defined the

‘‘Indexed revenue threshold for a given

year’’ in § 32.9000.

EFFECTIVE DATE: August 25, 1997.