[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30701]


[[Page Unknown]]

[Federal Register: December 14, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 94-130; FCC 94-289]

 

Broadcast Station Operator Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission proposes to amend its broadcast station rules 
primarily to waive the requirement that broadcast stations be 
supervised only by FCC-licensed duty operators. Also, a number of 
changes are proposed in the rules relating to station control to permit 
licensees to operate their stations in a completely automated, 
unattended mode if appropriate transmission equipment is used, thus 
allowing licensees significant operational cost savings. This action is 
necessary to update broadcast operational rules to more accurately 
reflect the capabilities of current transmitter monitoring and control 
technology.

DATES: Comments must be filed by January 20, 1995. Reply comments must 
be filed by February 6, 1995.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
James E. McNally, Jr. or Gordon W. Godfrey, Mass Media Bureau, 
Engineering Policy Branch, (202) 632-9660.

SUPPLEMENTARY INFORMATION: 

OMB Information Collection Notification

    The following collections of information contained in these 
proposed rules have been submitted to the Office of Management and 
Budget for review under Section 3504(h) of the Paperwork Reduction Act. 
Copies of these submissions may be purchased from the Commission's copy 
contractor, as indicated above. Persons wishing to comment on these 
information collections should direct their comments to Timothy Fain, 
(202) 395-3561, Office of Management and Budget, Room 10102 NEOB, 
Washington, DC 20503. A copy of any comments should also be sent to the 
Federal Communications Commission, Office of Managing Director, Records 
Management Branch, Washington, DC 20554. For further information 
contact Judy Boley, Federal Communications Commission, (202) 418-0214.

    OMB Number: None.
    Title: Section 73.691 Visual Modulation Monitoring.
    Form: None.
    Action: Proposed New Collection.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions.
    Frequency of Response: On occasion.
    Estimated Annual Response: 70 respondents, 1.0 hours per response.
    Needs and Uses: Section 73.691 will require TV stations to send a 
notification to the Commission in the event that technical problems 
make it impossible to operate a TV station in accordance with the 
timing and carrier level tolerance requirements and the operation at 
variance will exceed 10 consecutive days. The data is used by FCC staff 
to maintain accurate and complete technical information about a 
station's operation. In the event that a complaint is received from the 
public regarding a station's operations, this information is necessary 
to provide an accurate response.

    OMB Number: None.
    Title: Section 73.1300 Unattended station operation.
    Form: None.
    Action: Proposed New Collection.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions.
    Frequency of Response: On occasion.
    Estimated Annual Response: 1,500 respondents, 0.5 hours per 
response.
    Needs and Uses: Section 73.1300 will require licensees of broadcast 
stations to send a notification to the Commission of its intention to 
operate unattended. The data is used by FCC staff to maintain accurate 
and complete technical information about a station's operation.

    OMB Number: 3060-0320.
    Title: Section 73.1350 Transmission System Operation.
    Form: None.
    Action: Revision to Existing Collection.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions.
    Frequency of Response: On occasion.
    Estimated Annual Response: 300 respondents, 0.5 hours per response.
    Needs and Uses: Section 73.1350 will require licensees of broadcast 
stations to send a notification to the Commission whenever a 
transmission system control point is established at a location other 
than at the main studio or transmitter. The data is used by FCC staff 
to maintain complete operating information regarding licensees to be 
used in the event that FCC field staff needs to contact the station 
about interference.

    OMB Number. None.
    Title: Section 73.1570 Modulation levels: AM, FM and TV Aural.
    Form: None.
    Action: Proposed New Collection.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions.
    Frequency of Response: On occasion.
    Estimated Annual Response: 70 respondents, 1 hours per response.
    Needs and Uses: Section 73.1570 will require licensees of broadcast 
stations to send a notification to the Commission whenever technical 
problems make it impossible to maintain the minimum modulation level 
for more than 10 days and upon restoration of normal operations. The 
data is used by FCC staff to maintain accurate and complete technical 
information about a station's operation. In the event that a complaint 
is received from the public regarding a station's operations, this 
information is necessary to provide an accurate response.

    OMB Number: None.
    Title: Section 73.62 Directional Antenna System Tolerances.
    Form: None.
    Action: Proposed New Collection.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions.
    Frequency of Response: On occasion.
    Estimated Annual Response: 750 respondents, 4.5 hours per response.
    Needs and Uses: Section 73.62 will require an AM station with a 
directional antenna system to measure and log every monitoring point at 
least once for each mode of directional operation within 24 hours of 
detection of various operating parameters from allowed tolerances. This 
data is used by station engineers to correct the operating parameters 
of the directional antenna and by FCC staff in field investigations to 
ensure that stations are in compliance with the technical requirements 
of the Commission's Rules.

    OMB Number: None.
    Title: Station License.
    Form: None.
    Action: Existing collection in use without an OMB control number.
    Respondents: Businesses or other for-profit, not-for-profit 
institutions.
    Frequency of Response: On occasion.
    Estimated Annual Response: 5,830 respondents, 0.083 hours per 
response.
    Needs and Uses: Sections 73.1230, 74.165, 74.432, 74.564, 74.664, 
74.765, 74.832, 74.965 and 74.1265 require licensees of broadcast 
stations to post, file or have available a copy of the instrument of 
authorization at the station and/or at the transmitter. The data is 
used by FCC staff in field investigations to ensure that a station is 
licensed and operating in the manner specified in the license. The 
information posted at the transmitter site would be used by the public 
and FCC staff to know by whom the transmitter is licensed.

    This is a synopsis of the Commission's Notice of Proposed Rule 
Making in MM Docket No. 94-130 adopted November 10, 1994, and released 
on December 7, 1994. The complete text of this Notice of Proposed Rule 
Making is available for inspection and copying during normal business 
hours in the FCC Dockets Branch (Room 230), 1919 M St., N.W., 
Washington, D.C., and may be purchased from the Commission's copy 
contractor, International Transcription Service, Inc., (202) 857-3800, 
2100 M St., N.W., Suite 140, Washington, D.C. 20037.

Synopsis of Notice of Proposed Rule Making

    1. This proceeding is initiated to determine, in light of the 
advancement of automated transmission equipment, whether and under what 
circumstances the Commission should waive the requirement that a 
broadcast station must have a licensed radio operator on duty in charge 
of the transmitter during all periods of broadcast operation. This 
action is taken in response to the Telecommunications Authorization Act 
of 1992, Pub. L. No. 102-538, 106 Stat. 3533 (``Law''), which among 
other things amends the Communications Act of 1934 (``Act'') to permit 
the Commission to consider this option.
    2. Specifically, Section 205(1) of the Law amended Section 318 of 
the Act, which requires that each AM, FM or TV station must be operated 
by a licensed transmitter duty operator (``duty operator'') holding a 
commercial radio operator license or permit of any class. Pursuant to 
Section 318, the Commission may waive or modify the operator 
requirement for all but specifically enumerated types of stations. The 
Law removed from the waiver/modification prohibition. ``(3) stations 
engaged in broadcasting * * *.'' Thus, the Commission's proposes 
waiving its current requirement that broadcast station duty operators 
possess a license or restricted permit. It also proposes to permit 
unattended operation if appropriate equipment is used to operate the 
station. Secondarily, the Commission proposes to update various 
transmitter control requirements to make them more relevant to 
unattended operation and to be responsive to commonly asked questions 
concerning their interpretation.
    3. Section 73.1860(c) of the Commission's Rules specifically 
requires a broadcast station licensee ``to ensure that each transmitter 
operator is fully instructed and capable to perform all necessary 
observations and adjustments of the transmitting system and other 
associated operating duties to ensure compliance with the rules and 
station authorization.'' The Commission holds the broadcast station 
licensee responsible for rule violations or operation that is not in 
accord with the station authorization.
    4. Because permitting unattended operation represents a significant 
change in the policies relating to transmitter control, the potential 
ramifications should be explored thoroughly. Thus the Commission 
solicits comment on whether waiving this requirement might encourage 
negligence or irresponsibility on the part of certain broadcast 
licensees, with the result that interference levels in the various 
broadcast services might be exacerbated.
    5. As an alternative to the above, the Commission seeks comment on 
whether it should permit unattended operation of broadcast stations 
only if they are ATS-equipped, inasmuch as such stations are required 
to go off the air if operating parameters conducive to interference go 
out of tolerance. Comment also is requested on whether some types of 
stations (particularly directional AM stations without approved antenna 
sampling systems, which are believed to be potentially the most 
technically unstable type of broadcast station) should be excluded from 
unattended operation under the proposed rules. The Commission suggests 
that such licensees might be able to operate their stations properly in 
the unattended mode with monitoring equipment which would measure and 
record their directional antenna performance every three hours. 
However, comment is requested on the degree to which such a requirement 
is actually necessary; and if it is, to what degree these licensees can 
afford to install the appropriate equipment. The Commission also asks 
for comment on any other circumstances that may not lend themselves to 
effective unattended station operation.
    6. The Commission emphasizes that in proposing to permit unattended 
operation at all or at some stations, licensees would not be precluded 
from operating their stations in the attended mode, which requires that 
some responsible person be in charge of the station. However, even if a 
person performing the function of a duty operator is employed 
optionally, the need to specify their duties in detail in our rules is 
questioned, as they could vary widely from station to station. Parties 
are asked to comment on the various proposals above and their 
underlying assumptions, and to bring to the Commission's attention any 
aspect of the proposal that may have been overlooked. Information is 
also sought on benefits potentially derived by licensees from any 
waiver or diminution of the operator requirements.
    7. While the foregoing discussion has focused on AM, FM and TV 
stations licensed under part 73 of the rules, similar flexibility is 
proposed in the case of low power TV stations, which are authorized 
under part 74. Additionally, comment is sought on whether it is 
appropriate to consider changes to the operator requirements for 
international broadcast stations authorized pursuant to subpart F of 
part 73 or experimental broadcast stations authorized pursuant to 
subpart A of part 74. Various rule sections concerning broadcast 
auxiliary, ITFS and FM translator services refer to operators and would 
need to be modified. Thus, comment is requested on whether 
circumstances exist that warrant different treatment for low power TV, 
international broadcasting or experimental broadcast station licensees. 
In this inquiry, the Commission is cognizant that Section 318 of the 
Act continues to prohibit waiver of the operator requirement where 
required by international agreement or where licensed operators are 
required for safety purposes. 47 U.S.C. Sec. 318. Commenters are 
requested to address the implications of these statutory provisions.
    8. The Commission also requests comment on the effect of its 
proposal on two important responsibilities imposed on broadcast 
licensees that may or may not be assigned to duty operators. Comment is 
first requested on the degree to which the task of verifying that the 
antenna tower lighting system is functioning properly has already been 
automated and to what degree such automation is possible in view of the 
goals of this proceeding. Second, comment is sought on responsibility 
for monitoring for Emergency Broadcast System (EBS) alerts, logging 
their receipt, and determining the appropriate response to be taken. 
The current EBS system is under review in FO Docket Nos. 91-301 and 91-
171. Briefly, in a Report and Order and Further Notice of Proposed Rule 
Making adopted concurrently with this Notice, the current EBS alerting 
procedures will be phased out and replaced with a new Emergency Alert 
System (EAS) which may be completely automated at the discretion of 
each licensee. (See Report and Order and Further Notice of Proposed 
Rule Making in FO Docket Nos. 91-171 and 91-301, FCC 94-288, adopted 
November 10, 1994.) As new EAS equipment should be available by the 
time this proceeding is completed, comment is sought on whether the 
Commission needs to consider how licensees might automate the current 
EBS system.
    9. If a commenting party supports retention of the operator 
requirement for certain functions or certain classes of stations, the 
Commission requests that it be provided with information which 
demonstrates that tangible benefits would derive from the retention.
    10. Comment also is sought on the question of whether, for those 
stations that choose to retain duty operators, the duty operator should 
be required to hold an Restricted permit (R.P.) Also, several 
incidental benefits, such as potentially reducing the cost of complying 
with metering requirements, would result from the regulatory changes 
proposed above. This proposed change would make it appropriate to 
delete Sec. 73.1550, which specifies the requirements for extension 
meters. This would eliminate any need for licensees to install cameras 
so as to be able to view transmitter meters at a remote location--an 
alternative currently permitted in lieu of using extension meters. In 
addition, references to extension meters would be eliminated from 
Secs. 73.53, 73.57, 73.69, 73.1230, 73.1820, and 73.1860. The 
Commission additionally proposed several rule amendments aimed at 
improving the rules' clarity. In eliminating these ``how to'' kinds of 
requirements, licensees would still be free to employ the former 
traditional transmitter monitoring techniques; but again, such a 
decision should be consistent with the broader objective of monitoring 
and adjusting technical parameters to ensure that stations comply with 
the rules and conform to their authorizations.
    11. Finally, the Commission proposes minor changes to a number of 
technical or operational requirements. For example, it asks whether the 
licensee should be required to provide the Commission with a name and 
telephone number in case the Commission or another government agency 
needs to contact the licensee promptly. The Commission also seeks 
comment on the maximum time period for allowing a licensee to correct 
certain out-of-tolerance conditions. Regarding, for instance, out-of-
tolerance conditions that are capable of causing interference, the 
Commission proposes to apply the three-minute limit currently 
applicable to ATS stations to remote and directly controlled stations.
    12. The Commission often receives inquiries asking which particular 
technical parameters should be monitored (and how often) in order for 
the licensee to comply with the rules. To help licensees meet their 
responsibility the Commission proposes that each licensee be able to 
monitor and adjust its station's transmitter power and modulation 
level. In addition, licensees responsible for broadcast towers that 
require lighting would need to monitor such lighting. Finally, each 
licensee of an AM station that changes its mode of operation during the 
broadcast day would need to monitor and control such changes. Licensees 
of AM stations employing directional arrays would need to be able to 
monitor and control the array parameters. In the context of unattended 
operation, the monitoring and control of these parameters must be 
performed by equipment that would take the station off the air (if a 
parameter variance capable of causing interference occurred) or else 
contact some person designated by the licensee (this would appear 
particularly appropriate in the case of a tower lighting failure).
    13. The Commission also solicits information on carrier frequency 
measurement. Specifically, on whether frequency is a parameter that ATS 
systems typically control and monitor and on whether frequency 
measurement should be included in the list of parameters that are 
proposed to be monitored and controlled at an attended operation. The 
Commission further proposes to amend its rules concerning measurement 
and calibration requirements, adjustment of the transmitter, and 
permissible connection methods for remote control.

Administrative Matters

    14. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before January 20, 1995, and reply 
comments on or before February 6, 1995. To file formally in this 
proceeding, you must file an original plus four copies of all comments, 
reply comments, and supporting comments. If you want each Commissioner 
to receive a personal copy of your comments, you must file an original 
plus nine copies. You should send comments and reply comments to Office 
of the Secretary, Federal Communications Commission, Washington, D.C. 
20554. Comments and reply comments will be available for public 
inspection during regular business hours in the FCC Reference Center 
(Room 239), 1919 M Street NW., Washington, DC 20554.

Ex Parte

    15. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in 
Commission rules. See generally 47 CFR Secs. 1.1202, 1.1203 and 
1.1206(a).

Comment Information

    16. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's Rules, interested parties may file comments 
on or before January 20, 1995 and reply comments on or before February 
6, 1995. To file formally in this proceeding, participants must file an 
original and four copies of all comments, reply comments, and 
supporting comments. If participants want each Commissioner to receive 
a personal copy of their comments, an original plus nine copies must be 
filed. Comments and reply comments should be sent to the Office of the 
Secretary, Federal Communications Commission, Washington, D.C. 20554. 
Comments and reply comments will be available for public inspection 
during regular business hours in the FCC Reference Center (Room 239) of 
the Federal Communications Commission, 1919 M Street, N.W., Washington, 
D.C. 20554.

17. Initial Regulatory Flexibility Act Analysis

I. Reason for Action
    A revision in the Communications Act of 1934 has given the 
Commission authority to waive the requirement that broadcast stations 
be operated by licensed transmitter duty operators. A waiver of this 
requirement would permit such stations to be operated unattended for 
the first time. This proceeding explores the feasibility of such 
operation. In connection with the proposed changes in transmitter 
monitoring and control policy and in response to numerous inquiries 
that topic, a number of other rules need updating.
II. Objectives
    The proposed action is intended to update the rules to provide for 
unattended broadcast station operation and to clarify the technical 
responsibilities of broadcast licensees, particularly those operating 
unattended stations.
III. Legal Basis
    The action taken by this Notice is authorized by Sections 4(i) and 
(j), 302, 202 and 403 of the Communications Act of 1924, as amended.
IV. Description, Potential Impact, and Number of Small Entities 
Affected
    The action proposed in this proceeding is expected to benefit 
smaller broadcast licensees by eliminating the need for a transmitter 
duty operator. This is expected to result in an operational cost 
savings. However, taking advantage of the flexibility provided by the 
proposed new rules would be entirely operational. Licensees may 
continue to operate as they currently do if they so desire.
V. Recording, Record Keeping, and Other Compliance Requirements
    None.
VI. Federal Rules Which Overlap, Duplicate or Conflict With This Rule
    None.
VII. Any Significant Alternative Minimizing Impact on Small Entities 
and Consistent With the Stated Objectives
    None.
    18. 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 this document. The IRFA is set forth the Appendix. 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 Notice, 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 this Notice of Proposed 
Rule Making, 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 96-354, 94 Stat. 1164, 5 U.S.C. Section 601 et seq. (1981).

List of Subjects in 47 CFR Part 73

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-30701 Filed 12-13-94; 8:45 am]
BILLING CODE 6712-01-M