[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Proposed Rules]
[Pages 30901-30908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13282]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 5, 73, and 74

[MB Docket No. 18-121; FCC 18-61]


Amendment of Parts 0, 1, 5, 73, and 74 of the Commission's Rules 
Regarding Posting of Station Licenses and Related Information

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) seeks comment on whether to streamline or eliminate 
provisions of our regulation which require the posting and maintenance 
of broadcast licenses and related information in specific locations. 
The Commission tentatively concludes that these licenses posting rules 
should be eliminated because they are redundant and obsolete now that 
licensing

[[Page 30902]]

information is readily accessible online through the Commission's 
databases. Through this action we advance our efforts to modernize our 
media regulations and remove unnecessary requirements that can impede 
competition and innovation in the media marketplace

DATES: Comments are due on or before August 1, 2018; reply comments are 
due on or before August 16, 2018.

ADDRESSES: You may submit comments, identified by MB Docket No. 18-121, 
by any of the following methods:
    <bullet> Federal Communications Commission's Website: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). All filings must be 
addressed to the Commission's <bullet> Secretary, Office of the 
Secretary, Federal Communications Commission.
    <bullet> People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#84c2c7c7b1b4b0c4e2e7e7aae3ebf2"><span class="__cf_email__" data-cfemail="5e181d1d6b6e6a1e383d3d70393128">[email protected]</span></a> or phone: (202) 418-
0530 or TTY: (202) 418-0432. For detailed instructions for submitting 
comments and additional information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Jonathan Mark, <a href="/cdn-cgi/l/email-protection#23694c4d42574b424d0d6e425148634540400d444c55"><span class="__cf_email__" data-cfemail="d49ebbbab5a0bcb5bafa99b5a6bf94b2b7b7fab3bba2">[email protected]</span></a>, of the Media Bureau, Policy 
Division, (202) 418-3634. Direct press inquiries to Janice Wise at 
(202) 418-8165.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 18-121, adopted and released on May 
10, 2018. The full text of this document is available electronically 
via the FCC's Electronic Document Management System (EDOCS) website at 
http://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic 
Comment Filing System (ECFS) website at http://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically in ASCII, Microsoft 
Word, and/or Adobe Acrobat.) This document is also available for public 
inspection and copying during regular business hours in the FCC 
Reference Information Center, which is located in Room CY-A257 at FCC 
Headquarters, 445 12th Street SW, Washington, DC 20554. The Reference 
Information Center is open to the public Monday through Thursday from 
8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m. The 
complete text may be purchased from the Commission's copy contractor, 
445 12th Street SW, Room CY-B402, Washington, DC 20554. Alternative 
formats are available for people with disabilities (Braille, large 
print, electronic files, audio format), by sending an email to 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1e787d7d2b2e2a5e787d7d30797168">[email protected]</a> or calling the Commission's Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

I. Notice of Proposed Rulemaking

    1. In this Notice of Proposed Rulemaking (NPRM), we seek comment on 
whether to streamline or eliminate provisions in Parts 0, 1, 5, 73 and 
74 of our rules which require the posting and maintenance of broadcast 
licenses and related information in specific locations. In conjunction 
with the Commission's Modernization of Media Regulation Initiative, 
several parties have urged us to eliminate license posting rules 
because they are redundant and obsolete now that licensing information 
is readily accessible online through the Commission's databases. 
Through this NPRM, we advance our efforts to modernize our media 
regulations and remove unnecessary requirements that can impede 
competition and innovation in the media marketplace.
    2. Several Commission rules impose certain posting and record 
maintenance obligations on broadcast stations. For example, Section 
73.1230, which applies to all broadcast stations, provides:
    (a) The station license and any other instrument of station 
authorization shall be posted in a conspicuous place and in such a 
manner that all terms are visible at the place the licensee considers 
to be the principal control point of the transmitter.
    (b) Posting of the station license and any other instruments of 
authorization shall be done by affixing them to the wall at the posting 
location, or by enclosing them in a binder or folder which is retained 
at the posting location so that the documents will be readily available 
and easily accessible.
    Likewise, Section 73.801 applies Section 73.1230 to low power FM 
stations. Sections 74.564 and 74.664, applicable to aural and 
television broadcast auxiliary stations,\1\ respectively, require 
stations to post licenses and any other authorizations ``in the room in 
which the transmitter is located'' and prescribes the manner of such 
posting. Similarly, under Sections 74.432(j) and 74.832(j), remote 
pickup station and low power auxiliary station licensees are required 
to post licenses either at the transmitter or station control point. 
Further, under Section 5.203(b), broadcast licensees must post 
experimental authorizations along with their station license, and 
Section 1.62(a)(2) requires all Commission licensees, including 
broadcast entities, to post information pertaining to license renewal 
applications as well as the license itself.
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    \1\ Broadcast auxiliary stations are radio frequency systems 
used by broadcast stations and broadcast or cable network entities 
to relay broadcast aural or television signals from the studio to 
the transmitter, or between two points, such as a main studio and an 
auxiliary studio.
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    3. In addition, several Commission rules require the maintenance of 
licensing documentation and the display of specified station contact 
information. For example, Section 74.1265, which applies to FM 
translator and FM booster stations, provides:
    (a) The station license and any other instrument of authorization 
or individual order concerning the construction of the station or the 
manner of operation shall be kept in the station record file maintained 
by the licensee so as to be available for inspection upon request to 
any authorized representative of the Commission.
    (b) The call sign of the translator or booster together with the 
name, address, and telephone number of the licensee or local 
representative of the licensee if the licensee does not reside in the 
community served by the translator or booster, and the name and address 
of a person and place where station records are maintained, shall be 
displayed at the translator or booster site on the structure supporting 
the transmitting antenna, so as to be visible to a person standing on 
the ground at the transmitter site. The display shall be prepared so as 
to withstand normal weathering for a reasonable period of time and 
shall be maintained in a legible condition by the licensee.
    Similarly, Section 74.765 requires LPTV, TV translator, and TV 
booster stations to maintain their station license and other 
authorizations in their station record file and to physically display 
their call sign together with the name, address, and telephone number 
of the licensee or local representative of the licensee and the name 
and address of a person and place where station records are maintained 
at the antenna site.\2\
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    \2\ We note that Section 78.59 also contains license posting 
requirements for cable television relay stations (CARS) licensees. 
Given that not all CARS authorizations are housed online and no 
commenter in the media modernization docket has asked the Commission 
to eliminate these requirements, we decline to seek comment on 
eliminating the posting requirements in Section 78.59 in this 
proceeding. In addition, we note that the Commission applies similar 
requirements to other, non-broadcast licensees, e.g., 47 CFR 13.19 
(commercial radio operators), 25.115(c)(2)(vi)(E) (satellite 
communications); 80.405(c), 80.407, 80.411(b) (maritime services); 
87.103 (aviation services); 90.437 (private land mobile radio 
services); 97.213 (amateur radio service); 101.215 (fixed microwave 
services). We decline to address such rules in this proceeding, as 
they are beyond the scope of the Modernization of Media Regulation 
Initiative.

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[[Page 30903]]

    4. The Commission originally adopted broadcast license posting 
rules in 1930 and over the years it expanded these rules to apply to 
new services that were deployed by broadcasters. In adopting its first 
broadcast license posting rule, the Commission's predecessor, the 
Federal Radio Commission, provided no explicit rationale for the 
posting requirements. Subsequent Commission decisions adopting or 
revising license posting or record maintenance requirements similarly 
provided no detailed explanation for such rules. Based on the text of 
the current rules, these requirements appear intended to ensure that 
information regarding station authorizations, ownership, and contact 
information is readily available and easily accessible to the 
Commission and public.
    5. We seek comment on whether to eliminate or modify the license 
posting and record maintenance rules applicable to broadcasters. In 
particular, we seek comment on whether these rules continue to serve 
the public interest given that most of the information required to be 
displayed or maintained under these rules is now available through 
electronic means. We note that all of the information regarding 
broadcast station licenses and other broadcast authorizations that is 
required to be physically posted pursuant to Sections 1.62(a)(2),\3\ 
5.203(b), 73.1230, 73.801, 74.432(j), 74.564, 74.664, 74.733, 74.787, 
and 74.832(j) is readily available online through Commission databases 
\4\ and, for full power and Class A stations, the Online Public 
Inspection File.\5\ Several commenters contend that the availability of 
broadcast licensing information through other sources renders such 
posting requirements unnecessary.\6\
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    \3\ With respect to Section 1.62(a)(2), which applies to all 
Commission licensees, we limit our inquiry to whether broadcast 
stations should be excluded from obligations to post information 
pertaining to license renewal applications along with the station 
license. See infra Appendix A.
    \4\ This information about all broadcasters is publicly 
available through the Commission's Consolidated Database System 
(CDBS), http://licensing.fcc.gov/prod/cdbs/pubacc/prod/app_sear.htm. 
Similarly, the public may access copies of a station's license, 
which includes the station call sign and the name, address, and 
telephone number of the station licensee and point of contact, 
through the Commission's Licensing Management System (LMS), https://enterpriseefiling.fcc.gov/dataentry/login.html and/or Universal 
Licensing System (ULS), http://wireless.fcc.gov/uls/index.htm?job=home. However, information regarding the custodian of 
station records is not available online. See infra para. 10.
    \5\ Online Public Inspection File, available at https://publicfiles.fcc.gov/. See 47 CFR 73.3526 (governing public file 
obligations of full power commercial broadcast stations); Sec.  
73.3527 (governing public file obligations of noncommercial 
educational broadcast stations.)
    \6\ The Commission's broadcast licensing databases can be 
searched in multiple ways, including by call sign, licensee name, 
facility identification number, channel number/frequency, community 
of license, and in the case of the online public inspection file, by 
city or municipality.
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    6. Commenters similarly note that information required to be 
displayed or otherwise maintained under Sections 74.1265 and 74.765 
regarding LPTV, TV and FM translator stations, and TV and FM booster 
stations is available to the public electronically through the 
Commission's CDBS, LMS and/or ULS databases.\7\ The information 
specified in Sections 74.1265 and 74.765 that also is available through 
these databases includes station licenses and authorizations, orders 
and dispositions regarding station construction or facilities 
operation, the station call sign, and the name, address, and telephone 
number of the station's licensee and contact representative.
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    \7\ We note that LPTV and LPFM stations, TV and FM translator 
stations, and TV and FM booster stations are not subject to the 
Online Public Inspection File rules and, with the exception of LPTV 
and LPFM stations, these categories of stations historically have 
not been required to make records available for public inspection.
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    7. Considering the ready availability of pertinent station 
information through the changes in technology noted in the record, we 
seek comment on whether the public interest would be served by 
eliminating or modifying our broadcast license posting and record 
maintenance provisions. Given that the Commission first adopted 
broadcast license posting requirements nearly 90 years ago and that 
most of the information required to be displayed or maintained under 
these rules is available through other means, we seek comment on 
whether these rules remain necessary or relevant today. Is there any 
valid justification for continuing to require broadcasters to post or 
maintain a physical copy of their licenses and other authorizations? If 
so, do such justifications outweigh the costs to broadcast stations of 
complying with these requirements?
    8. In addition, we seek comment on the continuing practicality of 
requirements to physically display licensing documents at the site of 
broadcast facilities. With respect to Sections 73.1230, 73.801, 74.564, 
and 74.664, commenters assert that the obligation to post licenses and 
other authorizations at the ``principal control point of the 
transmitter'' is outdated. These parties argue that, because most 
stations have transitioned to dial-up or IP systems that enable them to 
manage transmitters remotely from a smartphone or personal computer, 
the ``principal control point'' has been rendered obsolete. Have these 
technological changes made such requirements impractical? Similarly, 
does it remain necessary, as currently required under Sections 
74.1265(b) and 74.765(b) only for booster, translator, and LPTV 
stations, to require that certain information be displayed at the 
transmitter site ``on the structure supporting the transmitting 
antenna, so as to be visible to a person standing on the ground''? To 
what extent are the transmitter sites of LPTV, booster, and translator 
stations in locations that cannot be viewed or accessed by members of 
the public, and are these requirements useful even if the sites are not 
accessible to the public? \8\
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    \8\ In 1995, the Commission considered whether to extend these 
requirements to additional services beyond LPTV, translator, and 
booster stations or otherwise modify the existing requirements. The 
Commission suggested that transmitter site posting requirements may 
not be practicable at transmitter sites bounded by protective 
fencing, but ``where transmitters are located in places somewhat 
separated from stations of other radio services [such requirements] 
may assist in the identification of a transmission facility.'' 
Ultimately, the Commission declined to modify the rules, citing 
``the absence of definitive information'' on the need for such 
modifications.
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    9. We seek comment on whether these provisions serve any public 
safety objectives that would be undermined by eliminating them. For 
example, if broadcast stations no longer were required to physically 
maintain licenses or related information at the transmitter or antenna 
site, would sufficient information be readily available to facilitate 
on-scene assessment during a disaster in cases where communications 
systems were affected and online systems could not be accessed? \9\ In 
such instances, can we presume that, if necessary, Commission staff and 
station employees would be able to access the

[[Page 30904]]

authorized technical parameters of operation available in Commission 
databases through other means? In addition, we seek comment on whether 
our rules requiring the posting of information ``on the structure 
supporting the transmitting antenna'' serve any purpose with respect to 
antenna structure lighting, such as allowing first responders or others 
to determine quickly whom to contact about a lighting problem. In such 
situations, can information be readily accessed through other means?
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    \9\ Under the current rules, only LPTV, booster, and translator 
stations must display information on the transmitter structure (47 
CFR 74.765(b), 74.1265(b)), whereas aural and TV auxiliary broadcast 
stations must post the required information ``in the room in which 
the transmitter is located'' (Id. Sec. Sec.  74.564(a), 74.664(a)), 
and other licensees (i.e., full power and Class A TV, AM, FM, and 
LPFM licensees) must post information at the ``principal control 
point of the transmitter'' (Id. Sec. Sec.  73.801, 73.1230(a)), 
which may be several miles away from the transmitter.
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    10. In addition, we seek comment on the continued need under 
Sections 74.1265(b) and 74.765(b) for licensees of LPTV, translator, 
and booster stations to display ``the name and address of a person and 
place where . . . station records are maintained.'' This ``custodian of 
records'' information is the only information broadcasters must display 
that is not currently available online through a Commission-hosted 
database. We note that the name, address, and telephone number of the 
station's licensee and contact representative is readily available 
online through our databases.\10\ Given the accessibility of a station 
contact representative, is there any need to separately require such 
stations to provide and make publicly available contact information for 
a custodian of records? If it continues to be necessary for Commission 
staff to be apprised of the location of station records and their 
custodian, how should this information be provided if we eliminate 
Sections 74.1265 and 74.765? For example, should we consider revising 
one of the forms that these stations currently must file with the 
Commission, such as the license renewal application form (Form 303-S), 
to solicit this information? Alternatively, should we retain the 
portion of Sections 74.1265 and 74.765 requiring this information to be 
maintained at the antenna site? Or, are these sites now in locations 
that cannot be viewed or accessed by members of the public such that 
this requirement is no longer justified?
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    \10\ The public may view a station's license, which includes 
contact information for the station licensee and point of contact, 
by entering search criteria for the station of interest (e.g., 
station call sign, facility identifier, community of license, state) 
into CDBS, LMS, and/or ULS. This contact information also is 
provided on other broadcast applications that are filed in, and 
publicly available through, the Commission's online databases.
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    11. Finally, for reasons similar to those noted above, we seek 
comment on whether to eliminate provisions in our rules that cross-
reference the above referenced requirements, and whether to modify 
Section 1.62(a)(2) to exclude broadcast stations from the license 
posting requirements. In addition, we seek input on whether there are 
any additional broadcast license posting or record maintenance 
requirements that should be modified or deleted. Parties urging the 
retention of any aspect of the posting or record maintenance 
requirements identified in this NPRM should explain how the benefits of 
such requirements exceed their costs. Likewise, parties advocating 
elimination of any requirements should discuss the costs of compliance 
as compared to any associated benefits of retaining them. To the extent 
possible, commenters should quantify any claimed costs or benefits and 
provide supporting information.

II. Procedural Matters

A. Initial Paperwork Reduction Act Analysis

    12. This document contains proposed new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13 (44 U.S.C. 3501-3520). It seeks comment on how the 
Commission could update its current forms to solicit the name and 
address of LPTV, translator and booster station records and their 
custodian in the absence of posting requirements. The Commission, as 
part of its continuing efforts to reduce paperwork burdens, invites the 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995. In addition, pursuant 
to the Small Business Paperwork Relief Act of 2002, we seek specific 
comment on how we might ``further reduce the information collection 
burden for small business concerns with fewer than 25 employees.''

B. Initial Regulatory Flexibility Analysis

    13. As required by the Regulatory Flexibility Act of 1980, as 
amended, (RFA) the Commission has prepared this Initial Regulatory 
Flexibility Act Analysis (IRFA) concerning the possible significant 
economic impact on small entities by the rules proposed in this Notice 
of Proposed Rulemaking (NPRM). Written public comments are requested on 
this IRFA. Comments must be identified as responses to the IRFA and 
must be filed by the deadlines for comments provided on the first page 
of the NPRM. Pursuant to the requirements established in 5 U.S.C. 
603(a), The Commission will send a copy of the NPRM, including this 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). In addition, the NPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.
    14. Need for, and Objectives of, the Report and Order. The proposed 
rule changes stem from a Public Notice issued by the Commission in May 
2017 launching an initiative to modernize the Commission's media 
regulations. Numerous parties in that proceeding argued for the 
elimination of these rules on the basis that they are redundant and 
obsolete. The NPRM proposes to eliminate various provisions in Parts 0, 
1, 5, 73, and 74 of the Commission's rules that require broadcasters to 
post and otherwise make available station licenses and related 
information.
    15. Specifically, the NPRM proposes to eliminate: Section 73.1230, 
which requires broadcast stations to post their station license and 
other authorizations at ``the principal control point of the 
transmitter'' and prescribes the manner of such posting; Section 
73.801, which applies Section 73.1230 to low power stations; Section 
74.1265, which requires FM booster and translator stations to maintain 
their station license and other documents in their station record file 
and to physically display their call sign and other information at the 
antenna site; Sections 74.564 and 74.664, applicable to aural and 
television broadcast auxiliary stations, respectively, which require 
stations to post licenses and any other authorizations ``in the room in 
which the transmitter is located'' and prescribes the manner of such 
posting; Sections 74.432(j) and 74.832(j), which require remote pickup 
station and low power auxiliary station licensees to post licenses 
either at the transmitter or station control point; Section 5.203(b), 
which requires broadcast licensees to post experimental authorizations 
along with their station license; Section 1.62(a)(2), which requires 
all Commission licensees, including broadcast entities, to post 
information pertaining to license renewal applications as well as the 
license itself; and Section 74.765, which requires LPTV, TV translator, 
and TV booster stations to maintain their station license and other 
authorizations in their station record file and to physically display 
their call sign together with the name, address, and telephone number 
of the licensee or local representative of the licensee and the name 
and address of a person and place where station records are maintained 
at the antenna site. These proposals are intended to reduce outdated 
regulations and unnecessary regulatory burdens that can impede 
competition and innovation in media markets.

[[Page 30905]]

    16. Legal Basis. The proposed action is authorized pursuant to 
Sections 1, 4(i), 4(j), 303, 309, 310, and 336 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303, 309, 310, 
and 336.
    17. Description and Estimates of the Number of Small Entities To 
Which the Proposed Rules Will Apply. The RFA directs agencies to 
provide a description of and, where feasible, an estimate of the number 
of small entities that may be affected by the proposed rules, if 
adopted. The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act.\11\ 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 SBA.\12\ The rules proposed 
herein will directly affect certain small television and radio 
broadcast stations, and cable entities. Below is a description of these 
small entities, as well as an estimate of the number of such small 
entities, where feasible.
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    \11\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5 
U.S.C. 601(3), the statutory definition of a small business applies 
``unless an agency, after consultation with the Office of Advocacy 
of the 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.'' 5 U.S.C. 601(3).
    \12\ 15 U.S.C. 632. Application of the statutory criteria of 
dominance in its field of operation and independence are sometimes 
difficult to apply in the context of broadcast television. 
Accordingly, the Commission's statistical account of television 
stations may be over-inclusive.
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    18. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound.'' These establishments operate television 
broadcast studios and facilities for the programming and transmission 
of programs to the public. These establishments also produce or 
transmit visual programming to affiliated broadcast television 
stations, which in turn broadcast the programs to the public on a 
predetermined schedule. Programming may originate in their own studio, 
from an affiliated network, or from external sources. The SBA has 
created the following small business size standard for such businesses: 
Those having $38.5 million or less in annual receipts. The 2012 
Economic Census reports that 751 firms in this category operated in 
that year. Of that number, 656 had annual receipts of $25,000,000 or 
less. Based on this data, we estimate that the majority of commercial 
television broadcasters are small entities under the applicable SBA 
size standard.
    19. In addition, the Commission has estimated the number of 
licensed commercial television stations to be 1,384. Of this total, 
1,264 stations had revenues of $38.5 million or less, according to 
Commission staff review of the BIA Kelsey Inc. Media Access Pro 
Television Database (BIA) on February 24, 2017. Such entities, 
therefore, qualify as small entities under the SBA definition. The 
Commission has estimated the number of licensed noncommercial 
educational (NCE) television stations to be 394. The Commission, 
however, does not compile and does not have access to information on 
the revenue of NCE stations that would permit it to determine how many 
such stations would qualify as small entities.
    20. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations \13\ must be included. Our estimate, therefore likely 
overstates the number of small entities that might be affected by our 
action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. We are unable at 
this time to define or quantify the criteria that would establish 
whether a specific television broadcast station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which the proposed rules would apply does not exclude any television 
station from the definition of a small business on this basis and 
therefore could be over-inclusive.
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    \13\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other or a third 
party or parties controls or has the power to control both.'' 13 CFR 
21.103(a)(1).
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    21. There are also 417 Class A stations. Given the nature of this 
service, we will presume that all 417 of these stations qualify as 
small entities under the above SBA small business size standard.
    22. Radio Stations. This economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' The SBA has created the following small business 
size standard for this category: Those having $38.5 million or less in 
annual receipts. Census data for 2012 shows that 2,849 firms in this 
category operated in that year. Of this number, 2,806 firms had annual 
receipts of less than $25,000,000. Because the Census has no additional 
classifications that could serve as a basis for determining the number 
of stations whose receipts exceeded $38.5 million in that year, we 
conclude that the majority of television broadcast stations were small 
under the applicable SBA size standard.
    23. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM radio stations to be 4,486 stations 
and the number of commercial FM radio stations to be 6,755, for a total 
number of 11,241. Of this total, 9,898 stations had revenues of $38.5 
million or less, according to Commission staff review of the BIA Kelsey 
Inc. Media Access Pro Television Database (BIA) in October 2014. In 
addition, the Commission has estimated the number of noncommercial 
educational FM radio stations to be 4,111. NCE stations are non-profit, 
and therefore considered to be small entities.\14\ Therefore, we 
estimate that the majority of radio broadcast stations are small 
entities.
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    \14\ 5 U.S.C. 601(4), (6).
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    24. Low Power FM Stations. The same SBA definition that applies to 
radio stations would apply to low power FM stations. As noted above, 
the SBA has created the following small business size standard for this 
category: Those having $38.5 million or less in annual receipts.\15\ 
The Commission has estimated the number of licensed low power FM 
stations to be 1,966.\16\ In addition, as of June 30, 2017, there were 
a total of 7,453 FM translator and FM booster stations.\17\ Given the 
nature of these services, we will presume that these licensees qualify 
as small entities under the SBA definition.
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    \15\ 13 CFR 121.201, NAICS Code 515112.
    \16\ News Release, ``Broadcast Station Totals as of June 30, 
2017'' (rel. July 11, 2017) (http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-304594A1315231A1.pdf).
    \17\ News Release, ``Broadcast Station Totals as of June 30, 
2017'' (rel. July. 11, 2017).
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    25. We note again, however, that in assessing whether a business 
concern qualifies as ``small'' under the above definition, business 
(control) affiliations \18\ must be included. Because we do not include 
or aggregate revenues from affiliated companies in determining whether 
an entity meets the applicable revenue threshold, our estimate of the 
number of small radio

[[Page 30906]]

broadcast stations affected is likely overstated. In addition, as noted 
above, one element of the definition of ``small business'' is that an 
entity not be dominant in its field of operation. We are unable at this 
time to define or quantify the criteria that would establish whether a 
specific radio broadcast station is dominant in its field of operation. 
Accordingly, our estimate of small radio stations potentially affected 
by the proposed rules includes those that could be dominant in their 
field of operation. For this reason, such estimate likely is over-
inclusive.
---------------------------------------------------------------------------

    \18\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other or a third 
party or parties controls or has the power to control both.''
---------------------------------------------------------------------------

    26. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. In this section, we identify the reporting, 
recordkeeping, and other compliance requirements proposed in the NPRM 
and consider whether small entities are affected disproportionately by 
any such requirements.
    27. Reporting Requirements. The NPRM proposes to modify existing 
reporting requirements. Specifically, the NPRM seeks comment on how the 
Commission could update its current forms, such as revising the license 
renewal application form (Form 303-S), to solicit the name and address 
of LPTV, translator, and booster station records and their custodian in 
the absence of posting requirements. This modification would benefit 
small entities by removing burdensome posting obligation and allowing 
licensees to add required custodian on records information to an 
existing form which licensees routinely file with the Commission.
    28. Recordkeeping Requirements. The NPRM does not propose to adopt 
recordkeeping requirements.
    29. Other Compliance Requirements. The NPRM does not propose to 
adopt other compliance requirements.
    30. Because no commenter provided information specifically 
quantifying the costs and administrative burdens of complying with the 
existing recordkeeping requirements, we cannot precisely estimate the 
impact on small entities of eliminating them. The proposed rule 
revisions, if adopted, will remove record keeping for all affected 
broadcast licensees, including small entities. Numerous parties in the 
Modernization of Media Regulation Initiative have requested the 
proposals set forth in the NPRM and no parties in that proceeding have 
opposed such proposals.
    31. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered. The RFA requires an 
agency to describe any significant, specifically small business, 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) the use of performance, rather than design, standards; 
and (4) an exemption from coverage of the rule, or any part thereof, 
for small entities.\19\
---------------------------------------------------------------------------

    \19\ 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    32. The NPRM proposes to eliminate recordkeeping obligations 
requiring the posting of stations' license and other authorizations. 
Eliminating these requirements is intended to modernize the 
Commission's regulations, remove duplicative and obsolete recordkeeping 
requirements and reduce costs and recordkeeping burdens for affected 
entities, including small entities. Under the current rules, affected 
entities must expend time and resources posting and maintaining 
licenses and related information already available to the Commission, 
and most of which is publicly accessible by electronic means. The 
proposed elimination would relieve such entities from these obsolete 
recordkeeping requirements. Thus, we anticipate that affected small 
entities only stand to benefit from such revisions, if adopted.
    33. Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rule. None.

C. Ex Parte Rules

    34. Permit-But-Disclose. This proceeding shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

D. Filing Requirements

    35. Comments and Replies. Pursuant to Sections 1.415 and 1.419 of 
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    <bullet> Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    <bullet> All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand

[[Page 30907]]

deliveries must be held together with rubber bands or fasteners. Any 
envelopes and boxes must be disposed of before entering the building.
    <bullet> Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    36. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 
20554. These documents will also be available via ECFS. Documents will 
be available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat.
    37. People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="52343131676266123431317c353d24">[email protected]</a> or call the FCC's 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).
    38. It is ordered that, pursuant to the authority found in sections 
1, 4(i), 4(j), 303, 309, 310, and 336 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303, 309, 310, and 
336, this Notice of Proposed Rulemaking is adopted.
    39. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Act Analysis, to the Chief Counsel for Advocacy 
of the Small Business Administration.

List of Subjects

47 CFR Part 0

    Reporting and Recordkeeping Requirements.

47 CFR Part 1

    Communications Common Carriers, Radio, Reporting and Recordkeeping 
Requirements, Television.

47 CFR Part 5

    Radio, Reporting and Recordkeeping Requirements, Television.

47 CFR Part 73

    Radio, Reporting and Recordkeeping Requirements, Television.

47 CFR Part 74

    Radio, Reporting and Recordkeeping Requirements, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rule Changes

    The Federal Communications Commission proposes to amend Part 0, 1, 
5, 73, and 74 of Title 47 of the Code of Federal Regulations (CFR) as 
set forth below:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for Part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

0
2. Amend Sec.  0.408 paragraph (b) by revising the entry for 3060-0633 
to read as follows:


Sec.  0.408  OMB control numbers and expiration dates assigned pursuant 
to the Paperwork Reduction Act of 1995.

* * * * *
    (b) Display. * * *

------------------------------------------------------------------------
 
------------------------------------------------------------------------
3060-0633...........................  Secs. 74.165, 74.432,     04/30/18
                                       and 74.832.
------------------------------------------------------------------------

* * * * *

PART 1--PRACTICE AND PROCEDURE

0
3. The authority citation for Part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 155, 157, 160, 201, 225, 227, 
303, 309, 332, 1403, 1404, 1451, 1452, and 1455, unless otherwise 
noted.

0
4. Amend Sec.  1.62 by revising paragraph (a)(2) to read as follows:


Sec.  1.62  Operation pending action on renewal application.

    (a) * * *
    (2) A non-broadcast licensee operating by virtue of this paragraph 
shall, after the date of expiration specified in the license, post, in 
addition to the original license, any acknowledgment received from the 
Commission that the renewal application has been accepted for filing or 
a signed copy of the application for renewal of license which has been 
submitted by the licensee, or in services other than common carrier, a 
statement certifying that the licensee has mailed or filed a renewal 
application, specifying the date of mailing or filing.
* * * * *

PART 5--EXPERIMENTAL RADIO SERVICE

0
5. The authority citation for Part 5 continues to read as follows:

    Authority: Secs. 4, 302, 303, 307, 336 48 Stat. 1066, 1082, as 
amended; 47 U.S.C. 154, 302, 303, 307, 336. Interpret or apply sec. 
301, 48 Stat. 1081, as amended; 47 U.S.C. 301.

0
6. Amend Sec.  5.203 by revising paragraph (b) to read as follows:


Sec.  5.203   Experimental authorizations for licensed broadcast 
stations.

* * * * *
    (b) Experimental authorizations for licensed broadcast stations may 
be requested by filing an informal application with the FCC in 
Washington, DC, describing the nature and purpose of the 
experimentation to be conducted, the nature of the experimental signal 
to be transmitted, and the proposed schedule of hours and duration of 
the experimentation.

PART 73--RADIO BROADCAST SERVICES

0
7. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.

0
8. Amend Sec.  73.158 by revising paragraph (b) to read as follows:


Sec.  73.158  Directional antenna monitoring points.

* * * * *
    (b) When the description of the monitoring point as shown on the 
station license is no longer correct due to road or building 
construction or other changes, the licensee must prepare and file with 
the FCC, in Washington, DC, a request for a corrected station license 
showing the new monitoring point description. The request shall include 
the information specified in paragraphs (a)(3) and (a)(4) of this 
section, and a copy of the station's current license.


Sec.  73.801  [Amended]

0
9. Amend Sec.  73.801 by removing the reference for Section 73.1230.


Sec.  73.1230  [Removed]

0
10. Remove Sec.  73.1230.
0
11. Amend Sec.  73.1715 by revising paragraph (a) to read as follows:


Sec.  73.1715  Share Time.

* * * * *
    (a) If the licenses of stations authorized to share time do not 
specify hours of operation, the licensees shall endeavor to reach an 
agreement for a definite schedule of periods of time to be used by 
each. Such agreement shall

[[Page 30908]]

be in writing and each licensee shall file it in duplicate original 
with each application to the FCC in Washington, DC for renewal of 
license. If and when such written agreements are properly filed in 
conformity with this Section, the file mark of the FCC will be affixed 
thereto, one copy will be retained by the FCC, and one copy returned to 
the licensee. If the license specifies a proportionate time division, 
the agreement shall maintain this proportion. If no proportionate time 
division is specified in the license, the licensees shall agree upon a 
division of time. Such division of time shall not include simultaneous 
operation of the stations unless specifically authorized by the terms 
of the license
* * * * *
0
12. Amend Sec.  73.1725 by revising paragraph (c) to read as follows:


Sec.  73.1725  Limited time.

* * * * *
    (c) The licensee of a secondary station which is authorized to 
operate limited time and which may resume operation at the time the 
Class A station (or stations) on the same channel ceases operation 
shall, with each application for renewal of license, file in triplicate 
a copy of its regular operating schedule. It shall bear a signed 
notation by the licensee of the Class A station of its objection or 
lack of objection thereto. Upon approval of such operating schedule, 
the FCC will affix its file mark and return one copy to the licensee 
authorized to operate limited time. Departure from said operating 
schedule will be permitted only pursuant to Sec.  73.1715 (Share time).
0
13. Amend Sec.  73.1870 by revising paragraph (b)(3) to read as 
follows:


Sec.  73.1870  Chief operators.

* * * * *
    (b) * * *
    (3) The designation of the chief operator must be in writing. 
Agreements with chief operators serving on a contract basis must be in 
writing with a copy kept in the station files.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
14. The authority citation for Part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and 
554.

0
15. Amend Sec.  74.432 by revising paragraph (j) to read as follows:


Sec.  74.432  Licensing requirements and procedures.

* * * * *
    (j) The license shall be retained in the licensee's files at the 
address shown on the authorization.
* * * * *


Sec.  74.564  [Removed]

0
16. Remove Sec.  74.564.


Sec.  74.664  [Removed]

0
17. Remove Sec.  74.664.


Sec.  74.765  [Removed]

0
18. Remove Sec.  74.765.


Sec.  74.733  [Amended]

0
19. Amend Sec.  74.733 by removing paragraph (i) and redesignating 
paragraph (j) as new paragraph (i).
0
20. Amend Sec.  74.781 by revising paragraph (c) to read as follows:


Sec.  74.781  Station Records.

* * * * *
    (c) The station records shall be maintained for inspection at a 
residence, office, or public building, place of business, or other 
suitable place, in one of the communities of license of the translator 
or booster, except that the station records of a booster or translator 
licensed to the licensee of the primary station may be kept at the same 
place where the primary station records are kept. The station records 
shall be made available upon request to any authorized representative 
of the Commission.
* * * * *
0
21. Amend Sec.  74.787 by removing paragraph (a)(3)(viii) to read as 
follows:


Sec.  74.787  Digital licensing.

    (a) * * *
    (3) * * *
    (viii) The following sections are applicable to analog-to-digital 
and digital-to-digital replacement television translator stations:
* * * * *
0
22. Amend Sec.  74.832 by revising paragraph (j) to read as follows:


Sec.  74.832  Licensing requirements and procedures.

* * * * *
    (j) The license shall be retained in the licensee's files at the 
address shown on the authorization.


Sec.  74.1265  [Removed]

0
23. Remove Sec.  74.1265.
0
24. Amend Sec.  74.1281 by revising paragraph (c) to read as follows:


Sec.  74.1281  Station Records.

* * * * *
    (c) The station records shall be maintained for inspection at a 
residence, office, or public building, place of business, or other 
suitable place, in one of the communities of license of the translator 
or booster, except that the station records of a booster or translator 
licensed to the licensee of the primary station may be kept at the same 
place where the primary station records are kept. The station records 
shall be made available upon request to any authorized representative 
of the Commission.
* * * * *

[FR Doc. 2018-13282 Filed 6-29-18; 8:45 am]
 BILLING CODE 6712-01-P


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