Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18289

State/location Community

No. Effective date of eligibility Current effectivemap date

West Virginia: Newburg, town of, Preston County ........ 540268 June 9, 1975, Emerg; Aug. 1, 1987, Reg; Aug. 1,

1987, Susp; Mar. 19, 1996, Rein.

Aug. 1, 1987.

New York: Leicester, village of, Livingston County ....... 361456 Sept. 15, 1980, Emerg; Aug. 27, 1982, Reg; June 15,

1988, Susp; Mar. 21, 1996 Rein.

Aug. 27, 1982.

West Virginia: Paw Paw, town of, Morgan County ....... 540252 Oct. 2, 1975, Emerg; Nov. 2, 1984, Reg; Mar. 5,

1996, Susp; Mar. 22, 1996, Rein.

Mar. 5, 1996.

Nebraska: Elgin, city of, Antelope County ..................... 310002 Apr. 18, 1975, Emerg; June 17, 1986, Reg; June 17,

1986, Susp; Mar. 29, 1996, Rein.

June 17, 1986.

Regular Program Conversions

Region VI

Texas: Terrell, city of, Kaufman County ........................ 480416 Mar. 4, 1996, Suspension Withdrawn .......................... Mar. 4, 1996.

Region II

New York: Clarence, town of, Erie County ................... 360232 Mar. 5, 1996,Suspension Withdrawn ........................... Mar. 5, 1996.

Region III

Pennsylvania: North Charleroi, borough of, Washington County.422137 ......do ............................................................................ Do.

West Virginia:

Bath, town of, Morgan County ............................... 540005 ......do ............................................................................ Do.

Morgan County, unincorporated areas ................... 540144 ......do ............................................................................ Do.

Region V

Indiana: Tipton, city of, Tipton County .......................... 180255 ......do ............................................................................ Do.

Michigan:

Plymouth, city of, Wayne County ........................... 260236 ......do ............................................................................ Jan. 5, 1996.

Plymouth, charter township of, Wayne County ...... 260237 ......do ............................................................................ Do.

Minnesota:

Aitkin County, unincorporated areas ...................... 270628 ......do ............................................................................ Feb. 2, 1996.

Hopkins, city of, Hennepin County ......................... 270166 ......do ............................................................................ Dec. 19, 1995.

Wisconsin:

Cadott, village of, Chippewa County ...................... 550043 ......do ............................................................................ Mar. 5, 1996.

Dane County, unincorporated areas ...................... 550077 ......do ............................................................................ Do.

Madison, city of, Dane County ............................... 550083 ......do ............................................................................ Do.

Middleton, city of, Dane County ............................. 550087 ......do ............................................................................ Do.

Region VI

Louisiana: Duson, town of, Lafayette County ............... 220104 ......do ............................................................................ Feb. 2, 1996.

Notice—New Eligible—Regular Program

The Township of Pembina, North Dakota is participating in the Regular Program under Pembina County’s application effective March 12,

1996. Pembina County’s Community Identification Number is 380079.

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Rein.—Reinstatement; Susp.—Suspension; With.—Withdrawn.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Issued: April 18, 1996.

Richard W. Krimm,

Acting Associate Director, Mitigation

Directorate.

[FR Doc. 96–10237 Filed 4–24–96; 8:45 am]

BILLING CODE 6718–05–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR PARTS 1 and 73

[FCC 96–172]

Implementation of Sections 204(a) and

204(c) of the Telecommunications Act

of 1996 (Broadcast License Renewal

Procedures)

AGENCY: Federal Communications

Commission.

ACTION: Final Rule,

SUMMARY: The Commission is

implementing Sections 204(a) and

204(c) of the Telecommunications Act

of 1996, which eliminate comparative

renewal hearings for broadcast

applications filed after May 1, 1995 and

direct the Commission to grant a

broadcaster’s renewal application if

statutory renewal standards are met.

The action is necessary in order to

conform the Commission’s rules to

Section 204(a) and (c) of the

Telecommunications Act, and the

intended effect of the action is to

conform the rules to those statutory

provisions.

EFFECTIVE DATE: April 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Mania K. Baghdadi, Mass Media Bureau,

Policy and Rules Division (202) 418–

2130.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Order (In

the Matter of Implementation of

Sections 204(a) and 204(c) of the

Telecommunications Act of 1996

(Broadcast Renewal Procedures)),

adopted April 12, 1996, and released

April 12, 1996. The complete text of this

Order is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW., Washington,

DC, and also may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, NW.,

Suite 140, Washington, DC 20037.

Synopsis of Order

1. This Order implements Sections

204(a) and 204(c) of the

Telecommunications Act of 1996

(‘‘Telecom Act’’) [Pub. L. No. 104–104,
18290 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

110 Stat. 56 (1996)], which adopts new

Section 309(k) of the Communications

Act applicable to broadcast renewal

applications filed after May 1, 1995,

eliminating comparative renewal

hearings, establishing instead a new

two-step renewal procedure, and

directing the Commission to grant a

broadcaster’s renewal application if

statutory renewal standards are met.

2. New Section 309(k) states:

(1) * * * If the licensee of a broadcast

station submits an application to the

Commission for renewal of such license,

the Commission shall grant the

application if it finds, with respect to

that station, during the preceding term

of its license—

(A) the station has served the public

interest, convenience, and necessity;

(B) there have been no serious

violations by the licensee of this Act or

the rules and regulations of the

Commission; and

(C) there have been no other

violations by the licensee of this Act or

the rules and regulations of the

Commission which, taken together,

would constitute a pattern of abuse.

(2) * * * If any licensee of a

broadcast station fails to meet the

requirements of this subsection, the

Commission may deny the application

for renewal in accordance with

paragraph (3), or grant such application

on terms and conditions as are

appropriate, including renewal for a

term less than the maximum otherwise

permitted.

(3) * * * If the Commission

determines, after notice and opportunity

for a hearing as provided in subsection

(e), that a licensee has failed to meet the

requirements specified in paragraph (1)

and that no mitigating factors justify the

imposition of lesser sanctions, the

Commission shall—

(A) issue an order denying the

renewal application filed by such

licensee under Section 308; and

(B) only thereafter accept and

consider such applications for a

construction permit as may be filed

under section 308 specifying the

channel or broadcasting facilities of the

former licensee.

(4) * * * In making the

determinations specified in paragraph

(1) or (2), the Commission shall not

consider whether the public interest,

convenience, and necessity might be

served by the grant of a license to a

person other than the renewal applicant.

47 U.S.C. § 309(k).

3. Additionally, Section 204(a)(2) of

the Telecom Act amends Section 309(d)

of the Communications Act, 47 U.S.C.

§ 309(d), to make the standard for filing

petitions to deny conform to the

statutory renewal standards. Thus, the

statutory renewal standards are made

applicable to the petitioner’s required

showing and the Commission’s

consequent findings in the case of a

petition to deny a renewal application

filed after the statutory effective date.

4. The Telecom Act does not define

the terms contained in the renewal

standards embodied in Section 309(k),

and we likewise do not define those

terms in the Order. It is our present

intent to continue to apply existing

policy statements and case law, refining

these as appropriate on a case-by-case

basis, in interpreting the statutory terms

that govern the new renewal process. If

we determine at some future time that

further clarification is appropriate, we

shall conduct such proceedings as may

be warranted.

5. Administrative Matters. We are

revising the rules as detailed below

without providing prior notice and an

opportunity for comment. For

applications filed after May 1, 1995, the

revisions simply reflect the changes

mandated by the applicable provisions

of the Telecom Act eliminating

comparative renewals and codifying

certain renewal standards. We find that

notice and comment procedures are

unnecessary, and that this action

therefore falls within the ‘‘good cause’’

exception of the Administrative

Procedure Act (‘‘APA’’). See 5 U.S.C.

553(b)(B) (notice requirements

inapplicable ‘‘when the agency for good

cause . . . finds that notice and public

procedure thereon are impracticable,

unnecessary, or contrary to the public

interest’’). We further find for the same

reasons that good cause exists to make

the rule changes adopted herein

effective upon publication of this Order

in the Federal Register. See id. at

553(d)(3). The rule changes adopted in

this Order do not involve discretionary

action by the Commission. Rather, they

simply reiterate in our rules specific

terms set forth in legislation.

Additionally, with respect to the

revisions that involve rules of agency

organization and procedure, the notice

and comment requirements of the APA

are inapplicable. See 5 U.S.C.

§ 553(b)(A).

6. Termination of Comparative

Renewal Rule Making. In light of the

elimination of the comparative renewal

procedure, we will terminate BC Docket

No. 81–742, in which the Commission

is considering reforming the

comparative renewal process. See Third

Further Notice of Inquiry and Notice of

Proposed Rule Making in BC Docket No.

81–742, 4 FCC Rcd 6363 (1989) [57 FR

35357 (August 25, 1989]) and preceding

Notices of Inquiry and Notice of

Proposed Rule Making cited therein. We

believe that it would not represent the

most productive use of our resources to

conclude Docket No. 81–742 since it

will apply only to a limited number of

comparative renewal proceedings.

7. Effective Dates. Pursuant to the

Telecom Act, Section 309(k) will be

applied to renewal applications filed

after May 1, 1995, and the rule changes

made to implement the new renewal

provisions of the Telecom Act reflect

the statutory effective date. Pending

comparative renewal proceedings and

mutual exclusivities involving

applications filed on or before May 1,

1995 will be concluded pursuant to the

current rules, and accordingly, we will

leave intact procedural provisions of the

current rules that refer to comparative

renewal proceedings until those

pending proceedings and exclusivities

are finally resolved. We wish to reiterate

that our failure to amend or eliminate a

rule that refers to or applies to

comparative renewal proceedings

results only from the need to conclude

those ongoing proceedings. We wish to

make clear that applications filed on or

before May 1, 1995 will be subject to our

current renewal standards and

procedures, while applications filed

after May 1, 1995 will be subject to the

new renewal provisions adopted in

Section 204 of the Telecom Act.

8. Ordering Clause. Accordingly, IT IS

ORDERED that, pursuant to Section 204

of the Telecommunications Act of 1996,

and to Sections 4(i) and 303(r) of the

Communications Act of 1934 as

amended, 47 U.S.C. §§ 154(i), 303(r),

Parts 1 and 73 of the Commission’s

Rules is amended as set forth below.

The rule changes are effective upon

publication of this Order in the Federal

Register. IT IS FURTHER ORDERED

that BC Docket No. 81–742 is hereby

terminated.

List of Subjects

47 CFR Part 1

Radio, Television.

47 CFR Part 73

Radio broadcasting, Television

broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 1 and 73 of Title 47 of the Code

of Federal Regulations are amended as

follows:
Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18291

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for Part 1

continues to read as follows:

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

309(j) unless otherwise noted.

2. Section 1.227 is amended by

revising paragraph (b)(6) to read as

follows:

§ 1.227 Consolidations.

* * * * *

(b) * * *

(6) An application which is mutually

exclusive with an application for

renewal of license of a broadcast station

filed on or before May 1, 1995 will be

designated for comparative hearing with

such license renewal application if it is

substantially complete and tendered for

filing no later than the date prescribed

in § 73.3516(e).

PART 73—RADIO BROADCAST

SERVICES

3. The authority citation for part 73

continues to read as follows:

Authority: 46 U.S.C. 154, 303, 304.

4. Section 73.561 is amended by

revising the last sentence of the

introductory text of paragraph (b) to

read as follows:

§ 73.561 Operating schedule; time sharing.

* * * * *

(b) * * * In order to be considered for

this purpose, such an application to

share time must be filed no later than

the deadline for filing petitions to deny

the renewal application of the existing

licensee, or, in the case of renewal

applications filed by the existing

licensee on or before May 1, 1995, no

later than the deadline for filing

applications in conflict with the such

renewal applications.

* * * * *

5. Section 73.1020 is amended by

revising paragraph (b) to read as follows:

§ 73.1020 Station license period.

* * * * *

(b) For the cutoff date for the filing of

applications mutually exclusive with

renewal applications that are filed on or

before May 1, 1995 and for the deadline

for filing petitions to deny renewal

applications, see § 73.3516(e).

6. Section 73.3516 is amended by

revising the introductory text of

paragraph (e) and paragraph (e)(1) to

read as follows:

§ 73.3516 Specification of facilities.

* * * * *

(e) An application for construction

permit for a new broadcast station or for

modification of construction permit or

license of a previously authorized

broadcast station will not be accepted

for filing if it is mutually exclusive with

an application for renewal of license of

an existing broadcast station unless the

application for renewal of license is

filed on or before May 1, 1995 and

unless the mutually exclusive

construction permit application is

tendered for filing by the end of the first

day of the last full calendar month of

the expiring license term. A petition to

deny an application for renewal of

license of an existing broadcast station

will be considered as timely filed if it

is tendered for filing by the end of the

first day of the last full calendar month

of the expiring license term.

(1) If the license renewal application

is not timely filed as prescribed in

§ 73.3539, the deadline for filing

petitions to deny thereto is the 90th day

after the FCC gives public notice that it

has accepted the late-filed renewal

application for filing. In the case of a

renewal application filed on or before

May 1, 1995, if the license renewal

application is not timely filed as

prescribed in § 73.3539, the deadline for

filing applications mutually exclusive

therewith is the 90th day after the FCC

gives public notice that it has accepted

the late-filed renewal application for

filing.

* * * * *

7. Section 73.3523 is amended by

revising paragraph (a) to read as follows:

§ 73.3523 Dismissal of applications in

renewal proceedings.

(a) An applicant for construction

permit, that has filed an application that

is mutually exclusive with an

application for renewal of a license of

an AM, FM or television station

(hereinafter competing applicant’’) filed

on or before May 1, 1995, and seeks to

dismiss or withdraw its application and

thereby remove a conflict between

applications pending before the

Commission, must obtain the approval

of the Commission.

* * * * *

8. Section 73.3584 is amended by

revising the third sentence of paragraph

(a) to read as follows:

§ 73.3584 Procedure for filing petitions to

deny.

(a) * * * In the case of applications

for renewal of license, Petitions to Deny

may be filed at any time up to the

deadline established in § 73.3516(e).

* * *

* * * * *

9. Section 73.3591 is amended by

revising the introductory text of

paragraph (a), paragraph (c), and adding

new paragraph (d) to read as follows.

§ 73.3591 Grants without hearing.

(a) Except for renewal applications

filed after May 1, 1995 which will be

subject to paragraph (d) of this section,

in the case of any application for an

instrument of authorization, other than

a license pursuant to a construction

permit, the FCC will make the grant if

it finds (on the basis of the application,

the pleadings filed or other matters

which it may officially notice) that the

application presents no substantial and

material question of fact and meets the

following requirements:

* * * * *

(c) If a petition to deny the

application has been filed in accordance

with § 73.3584 and the FCC makes the

grant in accordance with paragraph (a)

of this section, the FCC will deny the

petition and issue a concise statement

setting forth the reasons for denial and

disposing of all substantial issues raised

by the petition.

(d) Renewal applications filed after

May 1, 1995 will be governed by the

criteria established in 47 U.S.C. § 309(k).

[FR Doc. 96–10169 Filed 4–24–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 76

[CS Docket No. 95–139; DA 96–574]

Cable Television Service; List of Major

Television Markets

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, through this

action, amends its rules regarding the

listing of major television markets, to

change the designation of the RaleighDurham-Goldsboro television market to

include the community of Fayetteville,

North Carolina. This action, taken at the

request of Capital Cities/ABC, Inc.,

licensee of television station

WTVD(TV), channel 11, Durham, North

Carolina; Capitol Broadcasting

Company, Inc., licensee of television

station WRAL(TV), channel 5, Raleigh,

North Carolina; Delta Broadcasting, Inc.,

licensee of television station WKFT(TV),

channel 40, Fayetteville, North Carolina;

FSF TV, Inc., licensee of television

station WRDC(TV), channel 28, Durham,

North Carolina; and Paramount Stations

Group of Raleigh Durham Inc., licensee

of television station WLFL(TV), channel

22, Raleigh, North Carolina and after

evaluation of the comments filed in this

proceeding, amends the rules to