[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14224-14225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6489]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MM Docket No. 93-154; FCC 95-69]


Aural Broadcast Station Auxiliary Facilities

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document adopts rules to permit certain unapproved 
transmitters to be retained and used for backup operations in the band 
944-952 MHz at aural broadcast stations' auxiliary facilities. The rule 
will permit broadcast licensees to temporarily use their outmoded 
equipment, which has been displaced from full time operation by 
approved equipment, for backup operations at auxiliary facilities.

EFFECTIVE DATE: April 17, 1995.

FOR FURTHER INFORMATION CONTACT:
Bernard Gorden, Mass Media Bureau, (202) 418-2190.

SUPPLEMENTARY INFORMATION:  Adopted: February 24, 1995; Released: March 
7, 1995 By the Commission:

Introduction

    1. We herein amend Sections 74.550 of our rules to permit certain 
unapproved transmitters in the band 944-952 MHz which have been 
displaced by approved equipment for primary use to be retained for 
backup purposes at Aural Broadcast Auxiliary Stations.

Background

    2. In 1985, the Commission adopted a Report and Order in MM Docket 
No. 85-36, 50 FR 48596, January 26, 1985, which required all new 
transmitters for aural studio transmitter-link/intercity relay (STL/
ICR) operation in the 944-952 MHz frequency band to be approved prior 
to marketing. Continued use of existing non-approved equipment was 
allowed for a period ending on July 1, 1990, which was later extended 
to July 1, 1993, 55 FR 3062, January 30, 1990.
    3. In June of 1993, the Notice of Proposed Rule Making in MM Docket 
No. 93-154, 58 FR 33923, June 22, 1993, (``NPRM'') in the above-
entitled matter was issued in response to informal suggestions from 
various parties that the Commission should permit the retention and use 
of existing unapproved aural broadcast auxiliary transmitters for 
backup purposes. This proposal would permit broadcasters to retain and 
use their existing unapproved primary equipment as backup equipment 
after it was displaced from primary service by approved equipment under 
the requirements of our rules. The proposal was intended to avoid 
burdening licensees with additional expenditures to replace 
infrequently used backup transmitters with approved equipment, and to 
permit the installation of backup facilities in situations which have 
not previously been practicable. Backup auxiliary service facilities 
are used by many broadcast station licensees to avoid undue disruption 
in programming should the regular auxiliary transmitter fail or require 
servicing. Thus, the Commission concluded that limited short-term 
backup use of unapproved equipment could be permitted. The Commission, 
therefore, proposed to allow all transmitters removed from primary 
service to be retained for backup purposes, provided no interference is 
caused and that such transmitters are not used for more than 720 
cumulative hours per year without explicit Commission authority.\1\ In 
addition, the NPRM stated that the Commission would allow licensees to 
retain unapproved equipment for backup purposes until final action is 
taken in this proceeding, and thereafter if the proposed rule is 
adopted.

    \1\Within the allowed 720 cumulative hours of operation, there 
are no limits on the amount of permitted consecutive hours or number 
of separate uses of unapproved equipment.
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Comments

    4. Comments supporting adoption of the proposed amendments of 
Section 74.550 were received from the National Association of 
Broadcasters (``NAB'') and National Public Radio (``NPR''). No opposing 
comments were received.
    5. NAB states that many stations have purchased new equipment to 
comply with the current requirements of Section 74.550 of the 
Commission's rules. NAB notes that given the current financial 
conditions prevailing in the broadcast industry, most licensees cannot 
justify purchasing additional equipment for backup facilities. However, 
while their old equipment does not meet the new more stringent 
standards, NAB and NPR suggest the old equipment is fully functional 
and is more than adequate for backup purposes.

Discussion

    6. We have reviewed the comments and conclude for the reasons 
advanced in the NPRM that adoption of the proposal would serve the 
public interest. We further agree with NPR that there should not be any 
significant adverse consequences from continued use of unapproved STL/
ICR equipment under the conditions proposed in the NPRM. These backup 
transmitters can maintain the broadcast station's ability to provide 
continued service in the event of primary equipment failure without 
undue risk of harmful interference. However, we caution licensees that 
the unapproved equipment has wider channel bandwidth, and thus, may be 
prone to cause interference, especially in congested spectrum-use 
areas. Licensees must not use the unapproved equipment on a regular or 
primary basis and stations using such equipment should be prepared to 
demonstrate that it normally uses approved equipment. A licensee is not 
permitted to obtain unapproved equipment from other licensees or other 
sources for backup use. Our action here is intended only to permit the 
retention and continued use, in a backup role of equipment that a 
licensee already possesses.

Procedural Matters

    7. Regulatory Flexibility Act. We certify that the regulatory 
Flexibility Act of 1980 does not apply to this rulemaking proceeding 
because there will to be a significant negative economic impact on a 
substantial number of small business entities, as defined by Section 
601(3) of the Regulatory Flexibility Act. Pub. L. No. 96-354.94 
Stat.1164.5 U.S.C. Section 601 et seq (1981).
    8. Therefore, it is ordered that pursuant to Sections 4(i) and 
303(r) of the Communications Act of 1934, as amended, that effective 
April 17, 1995. Part 74 of the Commission's Rules and Regulations is 
amended as set forth below. It is further ordered that this proceeding 
is terminated.
    9. Further information may be obtained from Bernard Gorden, Mass 
[[Page 14225]] Media Bureau, Engineering Policy Branch, (202) 418-2190.

List of Subjects in 40 CFR Part 74

    Auxiliary facilities, Radio broadcasting.

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

Rule Change

    Part 74 of Title 47 of the Code of Federal Regulations is amended 
as follows:

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

    1. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154 and 303.

    2. Section 74.550 is revised to read as follows:


Sec. 74.550  Equipment authorization.

    Each authorization for aural broadcast STL, ICR, and booster 
stations shall require the use of notified or type accepted equipment. 
Equipment which has not been type approved under the equipment 
authorization program and which was in service prior to July 1, 1993, 
may be retained solely for temporary uses necessary to restore or 
maintain regular service provided by approved equipment, because the 
main or primary unit has failed or requires servicing. Such temporary 
uses may not interfere with or impede the establishment of other aural 
broadcast auxiliary links and may not occur during more than 720 
cumulative hours per year. Should interference occur, the licensee must 
take all steps necessary to eliminate it, up to and including cessation 
of operation of the auxiliary transmitter. All unapproved equipment 
retained for temporary use must have been in the possession of the 
licensee prior to July 1, 1993, and may not be obtained from other 
sources. Requirements for obtaining a grant of equipment authorization 
are contained in subpart J of part 2 of the Rules. Equipment designed 
exclusively for fixed operation shall be authorized under notification 
procedures (see Sec. 2.904(d) of this chapter).

    Note: Consistent with the note to Sec. 74.502(a), grandfathered 
equipment in the 942-944 MHz band and STL/ICR users of these 
frequencies in Puerto Rico are also required to come into compliance 
by July 1, 1993. The backup provisions described above apply to 
these stations also.

[FR Doc. 95-6489 Filed 3-15-95; 8:45 am]
BILLING CODE 6712-01-M