[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28768]


[[Page Unknown]]

[Federal Register: December 7, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73, and 74

[MM Docket No. 92-168, FCC 94-259]

 

Broadcast Auxiliary Services; Low Power Television and Television 
and FM Radio Translator License Renewal

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission adjusts the renewal schedule of FM radio and 
television (LPTV) stations to correspond with the renewal schedule of 
full service radio or television stations operating in the same state. 
The Commission also eliminates FCC Form 348 and revises FCC Form 303-S 
to include information requrest formerly included in Form 348. These 
actions are intended to decrease the administrative and paperwork 
burden on those licensees who own full service stations and LPTV or 
translator stations in the same but who must, under the current rules, 
file separate renewal application on different dates for each station.

EFFECTIVE DATE: These amendments to parts 1, 73, and 74 contain 
information collection requirements. They are not effective until 
approval of the Form 303-S revisions by the Office of Management and 
Budget. The Commission will publish notice of the effective date of 
these amendments when the required approval is received.

FOR FURTHER INFORMATION CONTACT:
Roger Holberg or Rita McDonald, 202/632-7792.

SUPPLEMENTARY INFORMATION: Public reporting burden for this collection 
of information is estimated to vary from 1 hour to 4 hours 30 minutes 
per response with an average of 1 hour 2 minutes per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Send comments regarding this 
burden estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Federal 
Communications Commission, Records Management Division, Washington, DC 
20554, and to the Office of Management and Budget, Paperwork Reduction 
Project (3060-0110), Washington, DC 20503.
    This is a synopsis of the Report and Order in MM Docket No. 92-168, 
FCC 94-259, adopted October 12, 1994, and released November 4, 1994. 
The complete text of this Report and 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, at (202) 857-3800, 2100 M Street, NW., suite 
140, Washington, DC 20037.

Synopsis of the Report and Order

    1. The Commission changes the license renewal dates of FM radio and 
television translator stations and low power television (LPTV) stations 
licensed under Part 74 of the Commission's Rules, to coincide with 
those of full service radio or television stations operating in the 
same state. The Commission also eliminates FCC Form 348, Application 
for Renewal of a Low Power TV, TV Translator, or FM Translator Station 
License, and revises FCC Form 303-S, Application for Renewal of License 
for Commercial and Noncommercial Educational AM, FM and TV Broadcast 
Stations, to include information requests formerly included in Form 
348. These form revisions will permit translator stations co-owned with 
primary stations in the same state which rebroadcast the signal of the 
primary station to file for license renewal on a single application 
form with their primary station.
    2. The majority of parties commenting in response to the Notice of 
Proposed Rule Making (MPRM)\1\ agreed with the Commission's initial 
view that conforming the renewal dates for full service and for FM and 
TV translators and LPTV stations in the same state would streamline the 
license renewal process, eliminate paperwork burdens on licensees and 
on the Commission, and simplify the renewal process for interested 
members of the public. By coordinating the renewal cycles and merging 
the application forms, the Commission anticipates saving licensees who 
own both full service stations and LPTV or translator stations in the 
same state, time spent in providing duplicate renewal information, and 
avoiding confusion as to the correct renewal dates. These revisions 
should also save Commission staff resources by reducing the likelihood 
of a licensee filing an application at the wrong time, which must then 
be returned by the Commission.
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    \1\57 FR 36378 (August 13, 1992).
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    3. The NPRM noted that the transition to a revised renewal schedule 
would entail a one-time additional burden on cerain LPTV and translator 
stations whose license come up for renewal before those of the full 
service stations in their state. More particularly, it would result in 
some LPTV and translator stations receiving short term renewals in 
order to synchronize their renewal cycles with those of full service 
stations in their states. In order to allow such stations to file for 
renewal coincident with the renewal dates of full service stations in 
the same states, the NPRM discussed alternatives that would would avoid 
this situation. The Commission rejected one option, to allow such 
licensees to file for translator or LPTV renewal at their normal 
scheduled date, but with their next succeeding renewal date set to 
correspond with those of full service stations in their state. This 
option was dismissed because some licenses granted in this manner would 
run for a term beyond the maximum five or seven years (for TV and radio 
station licenses, respectively) prescribed in Section 307(c) of the 
Communications Act.
    4. The NPRM suggested that, instead, such LPTV and translator 
stations could file for renewal twice during the transition period to 
the new schedule, once at their normal renewal time (for a short term 
license) and again when the full service stations in their states 
became due for renewal. This alternative would avoid conflict with 
Section 307(c), but concerned some of the commenters because it would 
force some licensees to file for renewal in as short a period as eight 
months, entailing additional administrative and cost burdens and 
providing additional opportunity for renewal challenges. Such parties 
believe that the additional risks and burdens outweigh the benefits to 
be gained from allowing full service station licensees to file full 
service, low power, and translator renewal applications at the same 
time.
    5 The Commission believes that substantial savings to the 
Commission, broadcasters, and the public can be realized by conforming 
the renewal dates for translator and low power television stations to 
those for full service stations of the appropriate service (i.e., radio 
or television) in the same state. We expect these savings to include a 
streamlined renewal process, the elimination of needless paperwork 
burdens and a reduction in the incidence of filing errors. Accordingly, 
we will grant translator and LPTV applicants filing for license renewal 
a short term renewal with the license period extending only until the 
end of the license period for full service stations of the relevant 
type located in the same state; at that time they will have to file 
again for a full term license renewal. The Commission recognizes that 
this action will require two renewal applications to be filed by some 
translator and low power licensees within a brief period of time. 
However, this is a modest, one-time cost that is more than 
counterbalanced by the long term savings that will accrue from the 
synchronization of renewal schedules and consolidation of forms that 
this action will achieve. Additionally, the Commission believes that 
the fear expressed by some commenters that accelerated renewal filings 
will be subject to increased renewal challenges appears to be one more 
of perception than substance. Only 3 challenges to LPTV station 
renewals were filed during the last renewal cycle (1991-1994); two of 
those were subsequently withdrawn. In the 1988-1991 renewal cycle fewer 
than six challenges were filed against translator applications.
    6. Although, as discussed in detail in the full text of this 
decision, there does not appear to be any way to avoid the above-
described one-time additional short term renewal for translators and 
LPTV stations located in some states without violating either Section 
307(c) or 309 of the Communications Act of 1934 as amended (the Act), 
to alleviate the extra burden on some licensees, pursuant to Section 
8(d)(2) of the Act, the Commission will waive the application fees for 
any translator or LPTV license renewal application that is required by 
this action to be filed within 26 months of the station's most recent 
prior renewal filing. In situations where full service stations must 
file for renewal prior to translator and LPTV stations in their state, 
the Commission will permit but not require the translator and LPTV 
stations to file an early renewal to place them on the same renewal 
schedule as full service stations in their state. The Commission 
strongly encourages translators and LPTV stations to file coincident 
with the corresponding full service stations for that state. By doing 
so, translator stations commonly-owned with primary stations in the 
same state which rebroadcast the signals of the primary station can 
realize the benefit of filing for renewal on a single application form 
in the upcoming renewal cycle as opposed to waiting until the following 
cycle. Licensees of translator and LPTV stations that do not elect to 
take advantage of this option will be required to file for license 
renewal at the time presently required by their license authorization. 
In this latter case, shorter term renewals will be issued for periods 
to expire coincident with the expiration date for full service station 
licenses in that state.
    7. In a related matter, one commenter, the National Association of 
Broadcasters (NAB) requests that the Commission, in modifying FCC Form 
303-S, include a certification that the applicant has complied with all 
relevant FM translator rules, particularly those relating to funding 
and support. In amending the Form 303-S as a result of the instant 
proceeding, the Commission will add to the form a certification 
related, but not identical, to that requested by NAB.

Administrative Matters

Final Regulatory Flexibility Analysis

    8. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605, it is certified that this decision will have an one time negative 
impact on some small television and FM radio translators and low power 
television stations. As detailed in the full text of the Report and 
Order, low power television and FM radio and television translator 
licensees whose licenses expire before the renewal date of their full 
service counterparts in the same state will have to file for renewal 
twice, once at their normal time and once when the full service 
stations in their states are due for renewal. To alleviate this burden, 
the Commission will waive the application fees for any translator or 
low power television license renewal application that is required by 
this action to be filed within 26 months of the station's most recent 
prior renewal filing. The Commission believes that the advantages of 
allowing FM and television translators and low power television 
licensees to file at the same time as their full service counterparts 
in the same states outweigh the one time administrative burden 
necessary to bring such stations into their full service counterparts' 
renewal cycle. The full text of the Commission's final regulatory 
flexibility analysis may be found in paragraphs 11-13 of the text of 
the Commission's decision.

Ordering Clauses

    9. Accordingly, it is ordered, Pursuant to Sections 4(i) and 303 of 
the Communications Act of 1934, as amended, that Parts 1, 73 and 74 of 
the Commission's Rules are amended as indicated below, effective upon 
approval of the form revisions by the Office of Management and Budget.
    10. It is further ordered, That FCC Form 348 is eliminated and FCC 
Form 303-S is amended as indicated below. These form amendments are 
contingent on approval of the Office of Management and Budget, and 
therefore will become effective upon such approval.

List of Subjects

47 CFR Part 1

    Reporting and recordkeeping requirements.

47 CFR Part 73

    Radio broadcasting. Television broadcasting.

47 CFR Part 74

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Amendatory Text

    Title 47, Parts 1, 73, and 74 of the Code of Federal Regulations 
are amended as follows:

PART 1--COMMISSION ORGANIZATION

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

    Authority: 47 USC 151. 154.303. amd 309(j), unless otherwise 
noted.


Sec. 1.1104  [Amended]

    2. Section 1.1104 is amended by removing all references to FCC Form 
No. 348 throughout the section and adding in its place FCC Form No. 
303-S.
    3. Section 1.2003 is amended by revising the reference to FCC 303-S 
and by removing the reference to FCC 348 to read as follows:


Sec. 1.2003  Applications affected.

* * * * *
    FCC 303-S Application for Renewal of License for AM, FM, TV, 
Translator, or LPTV Station;
* * * * *

PART 73--RADIO BROADCAST SERVICES

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

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

    5. Section 73.1020 is amended by revising paragraphs (a)(1) through 
(a)(18) to read as follows:


Sec. 73.1020  Station license period.

    (a) * * *
    (1) Maryland, District of Columbia, Virginia and West Virginia:
    (i) Radio stations, October 1, 1995.
    (ii) Television stations, October 1, 1996.
    (2) North Carolina and South Carolina:
    (i) Radio stations, December 1, 1995.
    (ii) Television stations, December 1, 1996.
    (3) Florida, Puerto Rico and the Virgin Islands:
    (i) Radio stations, February 1, 1996.
    (ii) Television stations, February 1, 1997.
    (4) Alabama and Georgia:
    (i) Radio stations, April 1, 1996.
    (ii) Television stations, April 1, 1997.
    (5) Arkansas, Louisiana and Mississippi:
    (i) Radio stations, June 1, 1996.
    (ii) Television stations, June 1, 1997.
    (6) Tennessee, Kentucky and Indiana:
    (i) Radio stations, August 1, 1996.
    (ii) Television stations, August 1, 1997.
    (7) Ohio and Michigan:
    (i) Radio stations, October 1, 1996.
    (ii) Television stations, October 1, 1997.
    (8) Illinois and Wisconsin:
    (i) Radio stations, December 1, 1996.
    (ii) Television stations, December 1, 1997.
    (9) Iowa and Missouri:
    (i) Radio stations, February 1, 1997.
    (ii) Television stations, February 1, 1998.
    (10) Minnesota, North Dakota, South Dakota, Montana and Colorado:
    (i) Radio stations, April 1, 1997.
    (ii) Television stations, April 1, 1998.
    (11) Kansas, Oklahoma and Nebraska:
    (i) Radio stations, June 1, 1997.
    (ii) Television stations, June 1, 1998.
    (12) Texas:
    (i) Radio stations, August 1, 1997.
    (ii) Television stations, August 1, 1998.
    (13) Wyoming, Nevada, Arizona, Utah, New Mexico and Idaho:
    (i) Radio stations, October 1, 1997.
    (ii) Television stations, October 1, 1998.
    (14) California:
    (i) Radio stations, December 1, 1997.
    (ii) Television stations, December 1, 1998.
    (15) Alaska, American Samoa, Guam, Hawaii, Mariana Islands, Oregon 
and Washington:
    (i) Radio stations, February 1, 1998.
    (ii) Television stations, February 1, 1999.
    (16) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island 
and Vermont:
    (i) Radio stations, April 1, 1998.
    (ii) Television stations, April 1, 1999.
    (17) New Jersey and New York:
    (i) Radio stations, June 1, 1998.
    (ii) Television stations, June 1, 1999.
    (18) Delaware and Pennsylvania:
    (i) Radio stations, August 1, 1998.
    (ii) Television stations, August 1, 1999.
* * * * *
    6. Section 73.3500 is amended by revising the reference to Form 
303-S and removing the reference to Form 348 to read as follows:


Sec. 73.3500  Application and report forms.

* * * * *
    303-S Application for Renewal of License for AM, FM, TV, 
Translator, or LPTV Station.
* * * * *

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

    7. The authority citation for Part 74 continues to read as follows:
    Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as 
amended; 47 U.S.C. 154, 303, 554.
    8. The heading for Part 74 is revised to read as follows:

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

    9. Section 74.15 is amended by revising paragraph (d) to read as 
follows:


Sec. 74.15  Station license period.

* * * * *
    (d) Initial licenses for low power TV, TV translator FM translator 
stations will ordinarily be issued for a period running until the date 
specified in Section 73.1020 of this chapter for full service stations 
operating in their State or Territory, or if issued after such date, to 
the next renewal date determined in accordance with Section 73.1020 of 
this Chapter. Lower power TV and TV translator station licenses will 
ordinarily be renewed for 5 years and FM translator station license 
will be renewed for 7 years. However if the FCC finds that the public 
interest or necessity will be served, it may issue either an initial 
license or a renewal thereof for a lesser term. The FCC may also issue 
a license renewal for a shorter term if requested by the applicant. The 
time of expiration of all licenses will be 3 a.m. local time, on the 
following dates, and thereafter to the schedule for full service 
stations in their states as reflected in Section 73.1020 of this 
Chapter:
    (1) Nevada:
    (i) FM translators, February 1, 1997.
    (ii) LPTV and TV translator, February 1, 1998.
    (2) California:
    (i) FM translators, April 1, 1997.
    (ii) LPTV and TV translators, April 1, 1998
    (3) Maine, Vermont, New Hampshire, Massachusetts, Connecticut, 
Rhodes Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, 
West Virginia, Ohio and the District of Colbumia:
    (i) FM translators, June 1, 1997
    (ii) LPTV and TV translators, June 1, 1998
    (4) Virginia, North Carolina, South Carolina, Georgia, Florida, 
Alabama, Mississippi, Louisiana, Arkansas, Missouri, Kentucky, 
Tennessee, Indiana, Illinois, Michigan, Wisconsin, Pureto Rico and the 
Virgin Islands:
    (i) FM translators, August 1, 1997
    (ii) LPTV and TV translators, August 1, 1998
    (5) Oklahoma and Texas:
    (i) FM translators, October 1, 1997
    (ii) LPTV and TV translators, October 1, 1998
    (6) Kansas and Nebraska:
    (i) FM translators, December 1, 1997
    (ii) LPTV and TV translators, December 1, 1998
    (7) Iowa and South Dakota:
    (i) FM translators, February 1, 1998
    (ii) LPTV and TV translators, February 1, 1999
    (8) Minnesota and North Dakota:
    (i) FM translators, April 1, 1998
    (ii) LPTV and TV translators, April 1, 1999
    (9) Wyoming:
    (i) FM translators, June 1, 1998
    (ii) LPTV and TV translators, June 1, 1999
    (10) Montana:
    (i) FM translators, August 1, 1998
    (ii) LPTV and TV translators, August 1, 1999
    (11) Idaho:
    (i) FM translators, October 1, 1995
    (ii) LPTV and TV translators, October 1, 1996
    (12) Washington:
    (i) FM translators, December 1, 1995
    (ii) LPTV and TV translators, December 1, 1996
    (13) Oregon:
    (i) FM translators, February 1, 1996
    (ii) LPTV and TV translators, February 1, 1997
    (14) Alaska, American Samoa, Guam, Mariana Islands and Hawaii:
    (i) FM translators, April 1, 1996
    (ii) LPTV and TV translators, April 1, 1997
    (15) Colorado:
    (i) FM translators, June 1, 1996
    (ii) LPTV and TV translators, June 1, 1997
    (16) New Mexico:
    (i) FM translators, August 1, 1996
    (ii) LPTV and TV translators, August 1, 1997
    (17) Utah:
    (i) FM translators, October 1, 1996
    (ii) LPTV and TV translators, October 1, 1997
    (18) Arizona:
    (i) FM translators, December 1, 1996
    (ii) LPTV and TV translators, December 1, 1997
* * * * *
    10. The Note following Section 74.733 is amended by removing the 
reference to 348 and adding in its place 303-S.

    Note.--The following form will not appear in the Code of Federal 
Regulations.

Instructions for FCC 303-S--Application for Renewal of License for AM, 
FM, TV, translators, or LPTV Station

(FCC FORM 303-S Attached)

    A. This form is to be used in applying for renewal of license 
for a commercial or noncommercial AM, FM or TV broadcast station and 
FM translator, TV translator or Low Power TV broadcast station. It 
is also to be used in seeking the joint renewal of licenses for an 
FM or TV translator station and its co-owned primary FM, TV or LPTV 
station.
    B. FCC Form 303-S consists of Sections I, II, III, IV, and V. 
Those Sections which do not apply to the station license being 
renewed should not be submitted as part of your application. Submit 
relevant sections only.
     All applicants must complete and submit Sections I, II 
and V of this form.
     Applicants seeking to renew only an AM, FM or TV 
station license must ALSO complete and submit Section III.
     Applicants seeking to renew only an FM translator, TV 
translator or Low Power TV station license must ALSO complete and 
submit Section IV.
     Applicants seeking to renew the licenses of both a 
translator (FM and TV) and coowned primary FM, TV or LPTV station on 
the same form should complete and submit ALL sections of this 
application.
    C. References to FCC Rules are made in this application form. 
Before filling it out, the applicant should have on hand and be 
familiar with the current broadcast, translator and LPTV rules, 
which are contained in 47 Code of Federal Regulations. (CFR):
    (1) Part 0 ``Commission Organization''
    (2) Part 1 ``Practice and Procedure''
    (3) Part 17 ``Construction, Marking, and Lighting of Antenna 
Structures''
    (4) Part 73 ``Radio Broadcast Services''
    (5) Part 74 ``Experimental, Auxiliary, and Special Broadcast and 
Other Program Distributional Services''
    FCC Rules may be purchased from the Government Printing Office, 
Washington, DC 20402. You may telephone the GPO Order desk at (202) 
783-3238 for current prices.
    D. An original and one complete copy of the 303-S renewal 
application, including all exhibits, must be prepared for each 
station license to be renewed, except that an original and one 
complete copy, including all exhibits, can be filed for the joint 
renewal of licenses for a translator and the translator's commonly 
owned primary station. The application with all required exhibits 
should be filed with the Federal Communications Commission in the 
manner and at the location specified in 47 CFR 0.401.
    E. Replies to questions in this form and the applicant's 
statements constitute representations on which the FCC will rely in 
considering the application. Thus, time and care should be devoted 
to all replies, which should reflect accurately the applicant's 
responsible consideration of the questions asked. Include all 
information called for by this application. If any portions of the 
application are not applicable, so state. Defective or incomplete 
applications will be returned without consideration. Furthermore, 
inadvertently accepted applications are subject to dismissal.
    F. In accordance with 47 CFR 1.65, the applicant has a 
continuing obligation to advise the Commission, through amendments, 
of any substantial and significant changes in the information 
furnished.

Section I--Fee Information

    By law, the Commission is required to collect charges for 
certain of the regulatory services it provides to the public. 
Generally, applicants seeking to renew the license for a commercial 
AM, FM, TV, FM translator, TV translator or Low Power TV station are 
required to pay and submit a fee with the filing of FCC Form 303-S. 
However, governmental entities, which include any possession, state, 
city, county, town, village, municipal organization or similar 
political organization or subpart thereof controlled by publicly 
elected and/or duly appointed public officials exercising sovereign 
direction and control over their respective communities or programs, 
are exempt from the payment of this fee. Also exempted from this fee 
are licensees of noncommercial educational radio or television 
broadcast stations. (This includes licensees of noncommercial 
educational FM and full service TV broadcast stations seeking 
renewal of the licenses for their translator or low power TV 
stations provided those stations operate on a noncommercial 
educational basis. Low Power TV or TV translator stations that 
rebroadcast the programming of a primary noncommercial educational 
station, but are not co-owned by the licensee of such a station, are 
required to file fees. In addition, noncommercial FM translators 
operating on a non-reserved channel (CH 221-300), and that are not 
co-owned by the licensee of the primary noncommercial educational 
station, are also required to file fees.) Renewal applicants that 
earlier obtained either a fee refund because of an NTIA facilities 
grant for the stations or a fee waiver because of demonstrated 
compliance with the eligibility and service requirements of 47 CFR 
73.503 or 73.621, and that continue to operate those stations on a 
noncommercial basis, are similarly exempted from this fee. See 47 
CFR 1.1112. To avail itself of any fee exemption, the renewal 
applicant must indicate its eligibility by checking the appropriate 
box in Question 2(B), Section I. FCC Form 303-S applications NOT 
involving the payment of a fee can be hand-delivered or mailed to 
the FCC's Washington, D.C. offices. See 47 CFR 0.401(a).
    The Commission's fee collection program utilizes a U.S. Treasury 
lockbox bank for maximum efficiency of collection and processing. 
All FCC Form 303-S applications, which require the remittance of a 
fee, must be submitted to the appropriate post office box address. 
See 47 CFR 0.401(b). A listing of the required fee and the address 
to which FCC Form 303-S should be mailed or otherwise delivered is 
also set forth in the ``Mass Media Services Fee Filing Guide'' which 
is obtained either by writing to the Commission's Form Distribution 
Center, 2803 52nd Avenue, Hyattsville, Maryland 20871, or by calling 
Telephone No. (202) 418-FORM and leaving your request on the 
answering machine provided for this purpose. See also 47 CFR 1.1104.
    Payment of any required fee must be made by check, bank draft or 
money order payable to the Federal Communications Commission, 
denominated in U.S. dollars, and drawn upon a U.S. financial 
institution. No postdated, altered or third-party checks will be 
accepted. DO NOT SEND CASH. Checks dated six months or older will 
not be acceptable for filing.
    Parties hand-delivering FCC Forms 303-S may receive dated 
receipt copies by presenting copies of the applications to the 
acceptance clerk at the time of delivery. For mailed-in 
applications, a ``return copy'' of the application can be furnished 
provided the applicant clearly identifies the ``return copy'' and 
attaches it to a stamped, self-addressed envelope. Only one piece of 
paper per application will be stamped for receipt purposes.
    For further information regarding the applicability of a fee, 
the amount of the fee or the payment of the fee, refer to the ``Mass 
Media Services Fee Filing Guide.''

Section II--Question-By-Question Guidelines

    This section must be completed and submitted by all applicants 
regardless of the service of the station for which renewal is being 
sought.
    Question 1. The name of the licensee applicant should be stated 
exactly as it appears on the station's existing license. The current 
street address or post office box used by the applicant for receipt 
of Commission correspondence should be set forth. If this 
information has been set forth in Question 1, Section I, it need not 
be repeated here.
    Any change in the licensee's name, which does not involve a 
change in ownership requiring prior Commission approval, can be 
communicated to the Commission by letter. To report any change in 
the mailing address previously used by the licensee FCC Form 5072, 
entitled ``Change in Official Mailing Address for Broadcast 
Station,'' should be promptly transmitted to the Commission. See 47 
CFR 1.5.
    Question 2. Applicants for AM, FM or TV stations should identify 
whether it has been licensed by the Commission as a commercial or 
noncommercial educational licensee. A licensee that merely elects to 
operate its station on a noncommercial basis is not considered to be 
a noncommercial educational licensee. The facility should be 
described by its service, call letters, and specific community of 
license or area as listed on the station's existing license. See 47 
CFR 74.1201(a), 74.701(a) and 74.701(f) for definition of an FM 
translator, TV translator and low power TV broadcast stations 
respectively. For AM, FM or TV stations the location of the facility 
should be described in terms of the specific city or community to 
which the station is licensed. Translator and Low Power TV stations 
should specify the area the stations are licensed to serve.
    Question 3. This question must be completed by a radio or 
television renewal applicant seeking to continue its authority to 
operate an FM Booster or TV booster station in conjunction with the 
primary station. The FM or TV booster station should be described in 
terms of its call letters and the name of the specific community 
which it serves.
    Question 4. Aliens, foreign governments and corporations, and 
corporations of which less than 80% of the capital stock is owned or 
voted by U.S. citizens are prohibited from holding a broadcast 
station license. Where a corporate licensee is directly or 
indirectly controlled by another corporation, of which any officer 
or more than 25% of the directors are aliens or of which less than 
75% of that corporation's stock is owned or voted by U.S. citizens, 
the Commission must consider whether denial of renewal would serve 
the public interest. Licensees are expected to employ reasonable, 
good faith methods to ensure the accuracy and completeness of their 
citizenship representations.
    Question 5. Commission policies and litigation reporting 
requirements for broadcast, translator and LPTV station applicants 
are directed to focusing on misconduct which violates the 
Communications Act or a Commission rule or policy and on certain 
specified non-FCC misconduct. In responding to Question 6, 
applicants are advised that the parameters of the Commission's 
policies and requirements regarding character qualifications are 
fully set forth in Character Qualifications, 102 FCC 2d 1179 (1985), 
reconsideration denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd 
3252 (1990) and 7 FCC Rcd 6564 (1992).
    For the purpose of this question, the term ``parties to the 
application'' includes any individual or entity whose ownership or 
positional interest in the applicant is cognizable under the 
Commission's multiple ownership rules. See in this regard Report and 
Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration 
granted in part, 58 RR 2d 604 (1985), further modified on 
reconsideration, 61 RR 2d 739 (1986).
    Question 6. Each applicant should check the appropriate box to 
indicate whether a Commission grant of the proposed communications 
facility(ies) may or may not have a significant environmental impact 
as defined by 47 CFR 1.1307. Briefly, Commission grant of an 
application may have a significant environmental impact if any of 
the following are proposed:
    (a) A facility is to be located in sensitive areas (e.g., an 
officially designated wilderness area, a wildlife preserve area, a 
flood plain) or will physically or visually affect sites significant 
in American history.
    (b) A facility whose construction will involve significant 
changes in surface features.
    (c) The antenna tower and/or supporting structure(s) will be 
equipped with high intensity white lights and are to be located in 
residential neighborhoods.
    (d) The facilities or the operation of which will cause exposure 
of workers or the general public to levels of radio frequency 
radiation in excess of the ``Radio Frequency Protection Guides'' 
recommended in ``American National Standard Safety Levels with 
respect to Human Exposure to Radio Frequency Electromagnetic Fields, 
300 kHz to 100 GHz,'' (ANSI C95.1-1982), by the Institute of 
Electrical and Electronics Engineers, Inc., 345 East 47th Street, 
New York, New York 10017.

    Note: In answering this question, applicants for renewal of FM 
translator stations which transmit with an effective radiated power 
of 100 watts or less are excluded from the standards set forth in 
subparagraph (d) above. However, in determining the appropriate 
response to this question, such applicants must still perform an 
analysis of the subject facilities in the context of the matters set 
forth in subparagraphs (a)-(c) above.

    If you answered No, a brief statement explaining the reasons why 
there will not be a significant environmental impact must be 
submitted. With respect to RF radiation exposure, the required 
statement must include a description of the steps that have been 
taken to protect the general public, station employees, and other 
persons authorized access to the tower from exposure to RF radiation 
levels in excess of the specified safety standards and that these 
steps comply with those required by OST Bulletin No. 65, October, 
1985, entitled ``Evaluating Compliance with FCC-Specified Guidelines 
for Human Exposure to Radiofrequency Radiation.'' The applicant must 
take into account, ALL non-excluded transmitters at and around the 
station's transmitter site; that is, contributions to environmental 
RF levels from all nearby radio and television stations, not just 
the applicant's station, must be considered.
    If you answered Yes, submit the required Environmental 
Assessment (EA). The EA includes for antenna towers and satellite 
earth stations:
    (a) A description of the facilities, as well as supporting 
structures and appurtenances, and a description of the site, as well 
as the surrounding area and uses. If high intensity white lighting 
is proposed or utilized within a residential area, the EA must also 
address the impact of this lighting upon the residents.
    (b) A statement as to the zoning classification of the site, and 
communications with, or proceedings before and determinations (if 
any) made by, zoning, planning, environmental or other local, state 
or federal authorities on matters relating to environmental effect.
    (c) A statement as to whether construction of the facilities has 
been a source of controversy on environmental grounds in the local 
community.
    (d) A discussion of environmental and other considerations which 
led to the selection of the particular site and, if relevant, the 
particular facility; the nature and extent of any unavoidable 
adverse environmental effects; and any alternative sites of 
facilities which have been or might reasonably by considered.
    The information submitted in the EA shall be factual (not 
argumentative or conclusory) and concise with sufficient detail to 
explain the environmental consequences and to enable the Commission, 
after an independent review of the EA, to reach a determination 
concerning the proposal's environmental impact, if any. The EA shall 
deal specifically with any feature of the site which has special 
environmental significant (e.g., wilderness area, wildlife preserve, 
natural migratory paths for birds and other wildlife, and sites of 
historic, architectural or archaeological value). In the case of 
historically, significant sites, it shall specify the effect of the 
facilities on any district, site, building, structure or object 
listed in the National Register of Historic Places, 39 Fed. Reg. 
6402 (February 19, 1974). It shall also detail any substantial 
change in the character of the land utilized (e.g., deforestation, 
water diversion, wetland fill, or other extensive change of surface 
features). In the case of wilderness areas, wildlife preserves, or 
other like areas, the statement shall discuss the effect of any 
continuing pattern of human intrusion into the area (e.g., 
necessitated by the operation and maintenance of the facilities).
    The EA shall also be accompanied with evidence of site approval 
which has been obtained from local or federal land use authorities.
    To the extent that such information is submitted in another part 
of the application, it need not be duplicated in the EA, but 
adequate cross-reference to such information shall be supplied.
    An EA need not be submitted to the Commission if another agency 
of the Federal Government has assumed responsibility: (a) for 
determining whether their facilities in question will have a 
significant effect on the quality of the human environment and, (b) 
if it will affect the environment, for invoking the environmental 
impact statement process.

Section III--Question-By-Question Guidelines

    The section must be completed and submitted only by applicants 
for AM, FM, or TV broadcast stations.
    Question 1(a). Licensees of noncommercial educational and 
commercial radio and television broadcast stations are required by 
Commission regulation (47 C.F.R. Section 73.2080) to afford equal 
employment opportunity to all qualified persons and to refrain from 
discriminating in employment and related benefits on the basis of 
race, color, religion, national origin or sex. In conjunction 
therewith, every station with five or more full-time employees must 
file an employment report on or before May 31 of each year, 
identifying the station's staff by gender, race, or color and/or 
national origin in each of nine major job categories. See 47 C.F.R. 
Section 73.3612.
    In addition, all AM, FM, and TV stations must file an original 
and one copy of an Equal Employment Opportunity Report (FCC From 
396) with their renewal application. The EEO form is required of all 
such licensees even where they do not employ five or more full-time 
employees or where there are less than 5% minorities in the labor 
force (however, in such cases you need only complete the first 2 
pages of the EEO form).
    Question 1(b). Each noncommercial educational broadcast station 
licensee is required to submit a current and complete ownership 
report (FCC Form 323-E) with its station's renewal application. See 
47 C.F.R. Section 73.361(d). In such cases, the question should be 
answered affirmately. However, if the Form 323-E submitted with the 
station's last renewal application is ``up-to-date'' and has been 
amended, a new ownership report need not be filed with the current 
renewal application. The applicant should then answer the question 
negatively and supply the filing date of that report and the call 
letters of the station for which it was submitted. An ``up-to-date'' 
Form 323-E ownership report is one that is current for each question 
on that report.
    A commercial broadcast station licensee is required to submit a 
current and complete ownership report (FCC Form 323) once each year 
on the anniversary of the date that its license renewal application 
is required to be filed. See 47 C.F.R. Section 73.3615(a). Licensees 
of multiple commercial broadcast stations with different renewal 
anniversary filing dates may elect a single date to submit 
information, but the ownership reports may not be submitted more 
than one year apart. If no charges have occurred, the licensee may 
submit a written certification to that fact, instead of filing a new 
Form 323 each year. In addition, where the licensee is a partnership 
composed entirely of natural persons, the annual reporting 
requirements does not apply. Similarly, sole proprietorships are 
exempt from the requirement to file annually.
    All commercial broadcast station licensee that are not exempt 
from the annual reporting program are required to file Form 323 
SEPARATELY from their renewal applications. The annual ownership 
report (Form 323 or written certification), accompanied by its 
requisite fee payment for each station covered by that report, 
should be sent to the U.S. Treasury lockbox bank at the appropriate 
address and in the manner specified in the ``Mass Media Services Fee 
Filing Guide.'' Additional information regarding the submission of 
this report us set fort in the Commission's Public Notice of June 6, 
1990, entitled ``Broadcast Annual Ownership Report.''
    Question 2. A licensee must maintain certain documents 
pertaining to its station in a file which is usually kept at the 
station's main studio or other accessible place in the community of 
licensee. The file must be available for inspection by anyone during 
regular business hours. The documents to be maintained generally 
include applications for a construction permit and for licensee 
renewal, assignment or transfer of control; ownership and employment 
reports; and quarterly lists of the community issues most 
significantly addressed by the station's programming during the 
preceding three months. In addition, commercial television licensees 
only are required to maintain a make available to the public certain 
records regarding children's programming and the amount of 
commercial matter aired during the station's broadcast of children's 
programming. A complete listing of the required documents and their 
mandatory retention periods is set forth in 47 C.F.R. Section 
734.3526 and 73.3527.
    Question 3. This question should be completed only by a 
commercial radio or television renewal applicant. Licensees for 
these stations should not that anytime it finds it necessary to 
cease broadcasting it must notify the Commission's Washington, D.C. 
office, by letter, not later than the 120th day of discontinued 
operation. Further, if a licensee finds it necessary to cease 
broadcasting in excess of 30 days, it must, no later than the 30th 
day of the station being silent, submit a letter request (no filing 
fee is required) to the Commission's Washington, D.C. office for 
temporary authority to remain silent. The request must include the 
date the station ceased broadcasting; a detailed explanation of the 
reason why it was necessary to take the station off the air; efforts 
being made to restore service; and the date by which resumption of 
operation is anticipated. The request must also include a 
certification relating to Section 5301 of the Anti-Drug Abuse Act of 
1988 (See, as an example, Section V, Certification (1), of the 
Form). Extensions of temporary authority to remain silent and must 
be timely requested if station operations do not resume within the 
time given. Licensees must notify the Commission's Washington, D.C. 
office, by letter, once operations have resumed, giving the date 
that operations resumed. See 47 C.F.R. Sections 73.1740 and 73.1750.
    Question 4. This question should be completed by commercial TV 
applicants only. Programming directed to the educational and 
information needs of children is an identifiable unit of program 
material that is not a comical or promotional announcement, that is 
originally produced and broadcast for an audience of children 16 
years of age and under, and that furthers, the positive development 
of the child in any respect, including, but not limited to, the 
child's cognitive/intellectual or emotional/social needs.
    Questions 4(b) and (c). Commercial television licensees must 
limit the amount of commercial matter in ``children's programming'', 
which is defined for this purpose as programming originally produced 
and broadcast primarily for an audience of children 12 years of age 
and under. The children's programming commercial limitations are not 
more than 12 minutes of commercial mater per hour on weekdays and no 
more than 10.5 minutes of commercials on weekends. The commercial 
limits also apply pro rata to children's programs which are 5 
minutes or more and which are not part of a longer block of 
children's programming. There are no restrictions on how commercial 
within the limits are configured within an hour's block of 
children's programming. i.e., it is not necessary to prorate the 
commercial limits for separate children's programs within the hour.

Section IV--Question-by-Question Guidelines

    This section must be completed and submitted only by applicants 
for FM or TV translator or LPTV broadcast station.
    Question 1. An FM or TV translator or LPTV station is expected 
to provide continuous service except where cases beyond its control 
warrant interruption. Where causes beyond the control of the 
licensee make it impossible to continue operation, the station may 
discontinue operation for a period of 30 days without further 
authority from the FCC. However, notification if the discontinuance 
must be sent to the FCC in Washington, D.C. no later than 10 days 
after the discontinued operation. (See Section III, Question 3 of 
these Instructions for procedures for requesting temporary authority 
to remain silent if the licensee finds it necessary to cease 
training for more than 30 days.) Failure to operate for a period of 
30 days of more, except for causes beyond the control of the 
licensee, shall be deemed evidence of discontinuation of operation 
and the license of the translator or LPTV station may be canceled at 
the discretion of the FCC. See 47 C.F.R. Sections 74.763 and 
74.1263.
    Questions 2 and 3. Section 325(a) of the Communications Act of 
1934, as amended, prohibits the rebroadcast of the programs of a 
broadcast station without the express authority of the originating 
station. Where the renewal applicant is not the licensee of the 
originating station, written authority must be obtained prior to any 
rebroadcasting. Also, where the licensee has changed the station 
being rebroadcast, written notification must be made to the 
Commission in accordance with 47 C.F.R. Section 74.784 or 74.1251.
    Question 4. This question should be answered by licensees of Low 
Power TV broadcast stations only. Licensees of Low Power TV 
broadcast stations are required by 47 C.F.R. Section 73.2080 to 
afford equal employment opportunity to all qualified persons and to 
refrain from discriminating in employment and related benefits on 
the basis of race, color, religion, national origin or sex. In 
conjunction with these provisions, every station with five or or 
more full-time employees must file an employment report on or before 
May 31 of each year, identifying the station's staff by gender, 
race, color, and/or national origin in each of nine major job 
categories. See 47 C.F.R. Section 73.3612.
    In addition, LPTV stations must file an original and one copy of 
an Equal Employment Opportunity Report (FCC Form 396) with their 
renewal application. This EEO form is required of all such licensees 
even where they do not employ five or more full-time employees or 
where there are less than 5% minorities in the labor force (however, 
in such cases you need only complete the first 2 pages of the EEO 
form).
    Question 5(a). The provisions of 47 C.F.R. Section 74.1232(d) 
provide that an authorization for an FM translator station whose 
coverage contour extends beyond the protected contour of the 
commercial primary station (i.e., other area FM translator) will not 
be granted to the licensee of a commercial FM radio broadcast 
station, or to any person or entity having any interest or 
connection with a primary FM station. For the purposes of this rule, 
interested and connected parties extend to group owners, corporate 
parents, shareholders, officers, directors, employees, general and 
limited partners, family members and business associates.
    Question 5(b). The provisions of 47 C.F.R. Section 74.1232(e) 
provide that an authorization for an FM translator station whose 
coverage contour extends beyond the protected contour of the 
commercial primary station (i.e., other area FM translator) shall 
not receive any support, before, during or after construction, 
either directly or indirectly, from the commercial primary FM radio 
broadcast station, or from any person or entity having any interest 
or connection with the primary FM station. For the purposes of this 
rule, interested and connected parties extend to group owners, 
corporate parents, shareholders, officers, directors, employees, 
general and limited partners, family members and business 
associates.

Section V--Question-by-Question Guidelines

    This section must be completed and submitted by all applicants 
regardless of the service of the station for which renewal is being 
sought.
    The first three questions of this Section are intended to assure 
that the applicant has attached and included with its application 
all Sections of this form that pertain to the particular station for 
which a license renewal is sought.
    Certification. As indicated above, responses to the questions 
set forth in FCC Form 303-S constitute representations upon which 
the Commission relies in considering whether renewal of the subject 
license would be in the public interest. Upon completion of the 
application form and the attached exhibits, the certification must 
be dated and signed.
    The original copy of FCC Form 303-S must be personally signed by 
the applicant, if the applicant is an individual; by one of the 
partners, if the applicant is a partnership; by an officer, if the 
applicant is a corporation; by a member who is an officer, if the 
applicant is an unincorporated association; by such duly elected or 
appointed officials as may be competent to do so under the laws of 
the applicable jurisdiction, if the applicant is an eligible 
government entity; or by the applicant's attorney in case of the 
applicant's physical disability or absence from the United States. 
The attorney shall, in the event he/she signs for the applicant, 
separately set forth the reason why the application is not signed by 
the applicant. See 47 C.F.R. Section 73.3513. Original copies of 
applications bearing signatures of unauthorized persons or photo or 
other reproduced copies of signatures are not acceptable.

FCC Notice to Individuals Required by the Privacy Act and the Paperwork 
Reduction Act

    The solicitation of personal information requested in this 
application is authorized by the Communications Act of 1934, as 
amended. The Commission will use the information provided in the 
application to determine if the benefit requested is consistent with 
the public interest. In reaching that determination, or for law 
enforcement purposes, it may become necessary to refer personal 
information contained in this form to another government agency. In 
addition, all information provided in this form will be available 
for public inspection. If information requested on the form is not 
provided, the application may be returned without action having been 
taken upon it or its processing may be delayed while a request is 
made to provide the missing information. Your response is required 
to obtain the requested authorization.
    Public reporting burden for this collection of information is 
estimated to vary from 1 hour to 4 hours and 30 minutes per 
response, with an average of 1 hour and 2 minutes per response, 
including the time for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden to the Federal Communications Commission, Records Management 
Division, Washington, DC 20554, and to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Paperwork 
Reduction Project (3060-0110), Washington, DC 20503.
    The foregoing notice is required by the Privacy Act of 1974, 
P.L. 93-579, December 31, 1974, 5 U.S.C. 552a(e)(3), and the 
Paperwork Reduction Act of 1980, P.L. 96-511, December 11, 1980, 44 
U.S.C. 3507.

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[FR Doc. 94-28768 Filed 12-6-94; 8:45 am]
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