[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Proposed Rules]
[Pages 33474-33476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16395]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 96-120, FCC 96-236]


Grandfathered Short-Spaced FM Stations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This Notice of Proposed Rule Making (NPRM) in MM Docket No. 
96-120 seeks comment regarding various proposals to modify a current 
rule to permit certain short-spaced stations to make changes based on a 
showing that no interference is caused or received, or

[[Page 33475]]

if interference already exists, based on the total of such interference 
not being increased. The NPRM also proposes to permit certain stations 
short-spaced to a second-adjacent-channel or a third-adjacent-channel 
station to change transmitter location or other station facilities 
without regard to such short-spacing, and to eliminate the need to 
obtain agreements by grandfathered stations proposing increased 
facilities. The types of modifications that are proposed for this 
revised rule are expected to have no potential to increase interference 
to other stations.

DATES: Initial comments are due July 22, 1996; reply comments are due 
August 5, 1996. Written comments by the public on the proposed and/or 
modified information collections are due July 22, 1996. Written 
comments must be submitted by the Office of Management and Budget (OMB) 
on the proposed and/or modified information collections on or before 
August 26, 1996.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
Washington, D.C. 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Dorothy Conway, Federal 
Communications Commission, Room 234, 1919 M Street, N.W., Washington, 
DC 20554, or via the Internet to <a href="/cdn-cgi/l/email-protection#ddb9beb2b3aabca49dbbbebef3bab2ab"><span class="__cf_email__" data-cfemail="d8bcbbb7b6afb9a198bebbbbf6bfb7ae">[email protected]</span></a>, and to Timothy Fain, 
OMB Desk Officer, 10234 NEOB, 725--17th Street, N.W., Washington, DC 
20503 or via the Internet to <a href="/cdn-cgi/l/email-protection#0660676f6859597246676a2863697628616970"><span class="__cf_email__" data-cfemail="84e2e5edeadbdbf0c4e5e8aae1ebf4aae3ebf2">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: James Bradshaw, Mass Media Bureau, 
Audio Services Division, (202) 418-2720, or via the Internet at 
<a href="/cdn-cgi/l/email-protection#b8d2dacad9dccbd0d9f8dedbdb96dfd7ce"><span class="__cf_email__" data-cfemail="8ae0e8f8ebeef9e2ebcaece9e9a4ede5fc">[email protected]</span></a>. For additional information concerning the information 
collections contained in the NPRM, contact Dorothy Conway at (202) 418-
0217, or via the Internet at <a href="/cdn-cgi/l/email-protection#167275797861776f5670757538717960"><span class="__cf_email__" data-cfemail="e581868a8b92849ca5838686cb828a93">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is the synopsis of the Commission's 
Notice of Proposed Rule Making in MM Docket No. 96-120, adopted May 23, 
1996, and released June 14, 1996.
    The complete text of this NPRM, which was adopted in MM Docket No. 
96-120, is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W., 
Washington, DC, and may also be purchased from the Commission's copy 
contractor, International Transcription Services, Inc., at (202) 857-
3800, 2100 M Street, N.W., Suite 140, Washington, DC 20037.

Synopsis of Order and Notice of Proposed Rule Making

    1. In the NPRM, the Commission seeks comment regarding various 
proposals to streamline the Commission's rules specifically dealing 
with modifications of commercial FM stations that became short-spaced 
in 1964, and have remained short-spaced since that time. The NPRM 
proposes to modify portions of Section 73 of the rules to lift 
restrictions which unnecessarily impede flexibility as to site 
selection for grandfathered stations and substitute the currently 
required interference showings in applications, which have proven 
ineffective, with showings that directly relate to the impact such 
modification proposals have on other stations and the public.
    2. In the NPRM, the Commission proposes to change three aspects of 
the rule section dealing with grandfathered short-spaced stations. 
First, the Commission proposes use of predicted interference area 
analysis based on field strength protection ratios, instead of the 
current limitation based on the relative locations of the 1 mV/m (60 
dBu) service contour of the short-spaced stations. Second, the 
Commission proposes to eliminate the second-adjacent-channel and third-
adjacent-channel protection criteria for grandfathered short-spaced 
stations. Finally, the Commission proposes to eliminate the provision 
for agreements between grandfathered short-spaced stations. In this 
Notice, the Commission invites comments relating to possible 
modification of these rule sections.
    3. In addition, in the NPRM, the Commission invites engineering 
firms and other parties with knowledge about grandfathered stations to 
assist in identifying grandfathered short-spaced stations so that these 
can be classified in the Commission's engineering database.
    4. The proposed rules set forth in the NPRM would put the focus on 
more accurately evaluating and controlling interference. The proposed 
rules would also return some flexibility when stations with second-
adjacent-channel or third-adjacent-channel grandfathered short-spacings 
proposed modifications. And for stations with co-channel or first-
adjacent-channel grandfathered short-spacings, the proposed rules would 
allow a more accurate determination of predicted interference. In 
addition, the proposed rules would eliminate the Commission's policy 
regarding agreements between grandfathered stations.

Initial Paperwork Reduction Act of 1995 Analysis

    The Federal Communications, as part of its continuing effort to 
reduce paperwork burdens invites the general public and other Federal 
agencies to take this opportunity to comment on the following proposed 
and/or continuing information collections, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Comments are requested 
concerning (a) whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commissions burden estimates; (c) ways 
to enhance the quality, utility, and clarity of the information 
collected and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Control Number: None.
    Title: NPRM: Grandfathered Short-Spaced FM Stations.
    Form Number: 301/340.
    Type of Review: New collection.
    Affected Public: Business or other for-profit, not-for-profit 
institutions.
    Number of Respondents: 15 FM broadcast licensees.
    Estimated time per response: 5 hours per showing (0.5 hours 
consultation time/4.5 hours contracting time).
    Annual Burden: 7 hours.
    Needs and Uses: This NPRM proposes to eliminate unnecessary 
regulations and streamline the current method of modifying pre-1964 
grandfathered short-spaced FM stations. This NPRM is seeking comment on 
a proposal to lift restrictions which unnecessarily impede flexibility 
as to site selection for grandfathered stations and substitute the 
currently required interference showings in applications with showings 
that directly relate to the impact such modification proposals have on 
other stations and the public. The data are used by Commission staff to 
determine if the public interest will be served and that existing 
levels of interference will not be increased to other stations.

Initial Regulatory Flexibility Analysis

    As required by section 603 of the Regulatory Flexibility Act, the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in the NPRM. Written public comments are requested on the 
IRFA. These comments must be filed in accordance with the same filing 
deadlines as comments on the rest of the

[[Page 33476]]

NPRM, but they must have a separate and distinct heading designating 
them as responses to the Initial Regulatory Flexibility Analysis. The 
Secretary shall send a copy of the NPRM, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration in accordance with paragraph 603 (a) 
of the Regulatory Flexibility Act, Public Law No. 96-354, 94 Stat. 
1164, 5 U.S.C. 601, et seq. (1980).
    I. Reason for Action: This proposed action is necessary to provide 
more flexibility for grandfathered short-spaced FM broadcast stations 
to effectuate minor modifications of their facilities. In addition, 
this proposed action would allow such minor modifications to be made 
more quickly than under the current procedures.
    II. Objectives: The objective of this proceeding is to provide 
grandfathered short-spaced FM station licensees better defined 
standards for modifying their current facilities and to bring improved 
service to the public more efficiently and expeditiously while 
controlling interference to other stations.
    III. Legal Basis: The action taken in this NPRM is authorized by 
sections 4(i), 5(c)(1), 302, and 303 of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i), 155(c)(1), 302, and 303.
    IV. Description, Potential Impact and Number of Small Entities 
Affected: The entities affected by this proposal are pre-1964 
grandfathered short-spaced FM radio station licensees seeking to effect 
minor modifications of facilities that have previously been authorized 
by the Commission. The total number of such licensees is approximately 
400. Because the NPRM proposes provisions which allow for greater 
flexibility in operation, the option of whether or not to take 
advantage of the new rules rests with each licensee. There is no 
requirement that any licensee make any change as a result of these rule 
amendments. The number of licensees who might decide to modify their 
stations pursuant to these rule amendments is unknown, but under the 
present rules, approximately 15 stations each year file applications 
that propose the types of facilities modifications that are the subject 
of these rule amendments.
    V. Recording, Record Keeping and Other Compliance Requirements: 
None.
    VI. Federal Rules which Overlap, Duplicate or Conflict with these 
Rules: None.
    VII. Any Significant Alternative Minimizing Impact on Small 
Entities and Consistent with the Stated Objectives: None.

List of Subjects in 47 CFR Part 73

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-16395 Filed 6-26-96; 8:45 am]
BILLING CODE 6712-01-P


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