[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15488]


[[Page Unknown]]

[Federal Register: June 27, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[GC Docket No. 92-52; FCC 94-167]

 

Reexamination of the Policy Statement on Comparative Broadcast 
Hearings

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; solicitation of additional comments.

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SUMMARY: The Commission seeks further comments on its proposal to 
reexamine the criteria used to select among mutually exclusive 
applicants for broadcast facilities in light of Bechtel v. FCC, 10 F. 
3d 875 (D.C. Cir. 1993). The intended effect of this proposal is to 
remedy any perceived defects in the existing system, to produce swifter 
more certain choices among applicants for new broadcast facilities, and 
to preserve the public interest benefits of making such choices.

DATES: Comments must be filed on or before July 22, 1994; reply 
comments must be filed on or before August 8, 1994.

ADDRESSES: Federal Communications Commission, 1919 M Street NW., 
Washington, DC 20054.

FOR FURTHER INFORMATION CONTACT:
David S. Senzel, Office of General Counsel (202) 632-7220.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's second 
further notice of proposed rulemaking, GC Docket No. 92-52, adopted on 
June 13, 1994, and released June 22, 1994. The full text of the further 
notice of proposed rulemaking is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room 239), 
1919 M Street NW., Washington DC. The complete text may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., Suite 140, 2100 M Street NW., Washington, 
DC 20037.

Summary of Second Further Notice of Proposed Rule Making

    1. In this notice, the Commission invites further comments on its 
proposal to reexamine and revise the criteria used to select among 
applicants for new broadcast facilities, set forth in Reexamination of 
the Policy Statement on Comparative Broadcast Hearings 57 FR 14683 
(Apr. 22, 1992).
    2. Numerous commenters, who responded to the Commission's notice of 
proposed rulemaking, stated their views as to (1) Whether the existing 
comparative criteria should be modified or eliminated; (2) whether the 
new criteria should be adopted; and (3) whether the Commission should 
adopt a point system with a tie-breaker to decide comparative cases. 
These comments are currently under consideration.
    3. During this consideration, on December 17, 1993, the United 
States Court of Appeals for the District of Columbia Circuit issued a 
ruling that the integration criterion was arbitrary and capricious and 
therefore invalid. Bechtel v. FCC, 10 F. 3d 875 (D.C. Cir. 1993). In 
light of the court's decision, the Commission must eliminate 
integration as a criterion in the comparative evaluation.
    4. The Commission believes that this proceeding provides an 
appropriate means of reassessing the comparative standards in light of 
Bechgtel. The Commission finds it desirable, in resolving this 
proceeding, to have comments specifically addressing the impact of 
Bechtel on the relevant issues for pending and future cases.
    5. In particular, the Commission seeks comments on: (1) The nature 
of the criteria that should be employed in light of Bechtel, and the 
weight different factors should be given; (2) the procedural 
ramifications of applying a revised comparative analysis to pending 
cases; and (3) how any proposed revision of the comparative criteria 
could be structured to satisfy the kind of concerns expressed in 
Bechtel.

Initial Regulatory Flexibility Analysis

    An initial regulatory flexibility analysis is set forth at 57 FR 
14683, 14684, (Apr. 22, 1992).

List of Subjects for 47 CFR Part 73

    Administrative practice and procedure, Radio broadcasting, 
Telecommunications, Television broadcasting.

Federal Communications Commission.
William F. Caton,
 Acting Secretary.
[FR Doc. 94-15488 Filed 6-24-94; 8:45 am]
BILLING CODE 6712-01-M