[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25396]


[[Page Unknown]]

[Federal Register: October 14, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 94-1088]

 

Broadcast Services

agency: Federal Communications Commission.

action: Final rule.

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summary: The Commission updates the sections of Part 73 of the CFR 
containing information on Agency statements of policy. The action is 
intended to ensure that this information is as accurate and current as 
possible.

effective date: October 14, 1994.

for further information contact: Rita McDonald, Mass Media Bureau (202) 
632-7792.

SUPPLEMENTARY INFORMATION:

Order

    In the Matter of: Review of Part 73 of the Commission's Rules.

    Adopted: September 30, 1994.

    By the Acting Chief, Mass Media Bureau:
    1. The Commission has reviewed 47 CFR Sections 73.4000 through the 
end of Part 73 which contains instructions on where to find information 
regarding Commission statements of policy. In order to make this 
information as accurate and current as possible, the Commission revises 
and updates these rule sections. This Order makes no substantive 
changes that impose additional burdens or remove provisions relied upon 
by licensees or the public as the CFR sections affected merely contain 
information on where Commission statements of policy on various topics 
can be found. Additionally, we believe that these revisions will serve 
the public interest by ensuring that the information contained in these 
CFR sections is current and accurate. This information is amended as 
part of the Agency's oversight function.
    2. These amendments are implemented by authority delegated by the 
Commission to the Chief, Mass Media Bureau. Because these amendments 
only update and clarify the existing language of Part 73, prior notice 
of rule making is not required. 47 CFR 1.412(c). For this same reason, 
these amendments may become effective upon publication in the Federal 
Register. 47 CFR 1.427(b). Because a general notice of proposed rule 
making is not required, the Regulatory Flexibility Act does not apply.
    3. Therefore, it is ordered, That pursuant to Sections 4, 5, and 
303, of the Communications Act of 1934, as amended, and Secs. 0.61 and 
0.283 of the Commission's Rules, Part 73 of the FCC Rules and 
Regulations is amended as set forth below, effective upon publication 
in the Federal Register.
    4. For further information on this Order, call Rita S. McDonald, 
Policy and Rules Division at (202) 632-5414.

List of Subjects in 47 CFR Part 73

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
Roderick K. Porter,
Acting Chief, Mass Media Bureau.

Rule Changes

    47 CFR Part 73 is amended as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

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

    2. Section 73.4017 is revised to read as follows:


Sec. 73.4017  Application processing: Commercial FM stations.

    See Report and Order, MM Docket 84-750, FCC 85-125, adopted March 
4, 1985. 50 FR 19936, May 13, 1985.
    3. Section 73.4050 is amended by revising the last sentence in 
paragraph (b) and by adding new paragraph (c) to read as follows:


Sec. 73.4050  Children's TV programs.

* * * * *
    (b) * * * 96 FCC 2d 634; 49 FR 1704, January 13, 1984.
    (c) See Report and Order, MM Dockets 90-570 and 83-670, FCC 91-113, 
adopted April 9, 1991. 6 FCC Rcd 2111; 56 FR 19611, April 19, 1991; 
Memorandum Opinion and Order, MM Dockets 90-570 and 83-670, FCC 91-248, 
adopted August 1, 1991. 6 FCC Rcd 5093; 56 FR 42707, August 29, 1991.
    4. Section 73.4107 is amended by revising the last sentence of 
paragraph (a) and the last sentence of paragraph (b) to read as 
follows:


Sec. 73.4107  FM broadcast assignments, increasing availability of.

    (a) * * * 100 FCC 2d 1332; 50 FR 3514, January 25, 1994.
    (b) * * * 101 FCC 2d 630; 50 FR 15558, April 19, 1985.
* * * * *
    5. Section 73.4163 is amended by adding a sentence to the end of 
paragraph (d) and by adding paragraph (e) to read as follows:


Sec. 73.4163  Noncommercial nature of educational broadcast stations.

* * * * *
    (d) * * * Excerpt reprinted at 7 FCC Rcd 827.
    (e) See Memorandum Opinion and Order, FCC 90-111, adopted March 28, 
1990. 5 FCC Rcd 4920.
    6. Section 73.4165 is revised to read as follows:


Sec. 73.4165  Indecent broadcasts.

    (a) See FCC v. Pacifica Foundation, 438 U.S. 726, 57 L.Ed 2d 1073, 
46 U.S.L.W. 5018 (1978). See also Action for Children's Television v. 
FCC, 852 F.2d 1332 (D.C. Cir. 1988).
    (b) See Action for Children's Television v. FCC, [ACT III] 11 F.3d 
170 (D.C. Cir. 1993). See also, Action for Children's Television v. 
FCC, [ACT IV] 15 F.3d 186 (D.C. Cir. 1994), rehearing granted, en banc.
    (c) See Report and Order, GC Docket 92-223, FCC 93-42, adopted 
January 19, 1993. 8 FCC Rcd 704; 58 FR 5937, January 25, 1993.
    (d) See Memorandum Opinion and Order, FCC 93-246, adopted May 11, 
1993, 8 FCC Rcd 3600.
    (e) See Letter to Rusk Corporation, dated May 6, 1993, FCC 93-229, 
8 FCC Rcd 3228.
    (f) See Memorandum Opinion and Order, FCC 93-4, adopted January 5, 
1993. 8 FCC Rcd 498
    (g) See Branton v. FCC, 993 F.2d 906 (D.C. Cir. 1993).
    (h) See Memorandum Opinion and Order, DA 91-557, adopted April 30, 
1991. 6 FCC Rcd 2560.
    7. Section 73.4170 is revised to read as follows:


Sec. 73.4170  Obscene broadcasts.

    (a) See Miller v. California, 413 U.S.C. 15 (1973). See also Pope 
v. Illinois, 107 S.Ct. 1918 (1987). 18 U.S.C. 1464.
    (b) See Memorandum Opinion and Order, MM Docket 83-575, FCC 88-4, 
adopted January 12, 1988. 3 FCC Rcd 757. See also Memorandum Opinion 
and Order, MM Docket 83-575, FCC 93-180, adopted April 2, 1993. 8 FCC 
Rcd 2753.
    (c) See Memorandum Opinion and Order, FCC 87-365, adopted November 
24, 1987. 3 FCC Rcd 930.
    (d) See ``Memorandum of Understanding between the Federal 
Communications Commission and the Department of Justice concerning 
Complaints and Cases Involving Obscenity and Indecency,'' released 
April 9, 1991. See also News Release dated April 19, 1991.
    8. Section 73.4180 is amended by adding paragraph (c) to read as 
follows:


Sec. 73.4180  Payment disclosure: Payola, plugola, kickbacks.

* * * * *
    (c) See Public Notice, FCC 88-175, dated May 18, 1988.
    9. Section 73.4185 is revised to read as follows:


Sec. 73.4185  Political broadcasting and telecasting, the law of.

    (a) See ``The Law of Political Broadcasting and Cablecasting: 
Political Primer 1984,'' 100 FCC 2d 1476 (1984).
    (b) See Report and Order, MM Docket 91-168, FCC 91-403, adopted 
December 12, 1991. 7 FCC Rcd 678; 57 FR 189, January 3, 1992; 
Memorandum Opinion and Order, MM Docket 91-168, FCC 92-210, adopted May 
14, 1992. 7 FCC Rcd 4611; 57 FR 27705, June 22, 1992.
    10. Section 73.4190 is amended by designating the existing 
paragraph as paragraph (a) and by adding paragraph (b) to read as 
follows:


Sec. 73.4190  Political candidate authorization notice and sponsorship 
identification.

* * * * *
    (b) See Memorandum Opinion and Order, FCC 92-55, adopted February 
12, 1992. 7 FCC Rcd 1616.
    11. Section 73.4255 is amended by adding a sentence to the end of 
paragraph (b) to read as follows:


Sec. 73.4255  Tax certificates: Issuance of.

* * * * *
    (b) * * * 6 FCC Rcd 6273; 56 FR 64842, December 12, 1991.
    12. Section 73.4267 is amended by designating the existing 
paragraph as paragraph (a), and by adding paragraphs (b) and (c) to 
read as follows:


Sec. 73.4267  Time brokerage.

* * * * *
    (b) See Report and Order, MM Docket 91-140, FCC 92-97, adopted 
March 12, 1992. 7 FCC Rcd 2755; 57 FR 18089, April 29, 1992.
    (c) See Memorandum Opinion and Order and Further Notice of Proposed 
Rule Making, MM Docket 91-140, FCC 92-361, adopted August 5, 1992. 7 
FCC Rcd 6387; 57 FR 42701, September 16, 1992.
    13. Section 73.4280 is revised to read as follows:


Sec. 73.4280  Character evaluation of broadcast applicants.

    (a) See Report and Order and Policy Statement, Gen. Docket 81-500, 
BC Docket 78-108, FCC 85-648, adopted December 10, 1985. 102 FCC 2d 
1179; 51 FR 3049, January 23, 1986.
    (b) See Policy Statement and Order, FCC 90-195, adopted May 10, 
1990. 5 FCC Rcd 3252, 55 FR 23082, June 6, 1990.
    (c) See Memorandum Opinion and Order, FCC 91-146, adopted May 1, 
1991. 6 FCC Rcd 3448, 56 FR 25633, June 5, 1991.
    (d) See Memorandum Opinion and Order, FCC 92-448, adopted September 
18, 1992. 7 FCC Rcd 6564, 57 FR 47410, October 16, 1992.

[FR Doc. 94-25396 Filed 10-13-94; 8:45 am]
BILLING CODE 6712-01-M