[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Rules and Regulations]
[Pages 55476-55484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26699]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 94-130; FCC 95-412]


Broadcast Station Operator Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission amends its broadcast station rules to waive the 
requirement that broadcast stations be supervised only by FCC-licensed 
duty 

[[Page 55477]]
operators. Also, a number of changes are made in the rules relating to 
station control to permit licensees to operate their stations in a 
completely automated, unattended mode, 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.

EFFECTIVE DATE: December 1, 1995.

FOR FURTHER INFORMATION CONTACT:
James E. McNally, Jr., Mass Media Bureau, Engineering Policy Branch, 
(202) 776-1671.

SUPPLEMENTARY INFORMATION:

OMB Information Collection Notification

    At the time the Notice of Proposed Rule Making (``Notice'') in the 
above-entitled matter was released (59 FR 64378, December 4, 1994), 
authority was sought from the Office of Management and Budget (``OMB'') 
pursuant to Section 3504(h) of the Paperwork Reduction Act, for the 
collection of information requested by the following existing or 
proposed rule sections: 73.62, 73.691, 73.1230, 73.1300, 73.1350, 
73.1570, 74.165, 74.432, 74.564, 74.664, 74.765, 74.832, 74.965 and 
74.1265. OMB approval for the collection of the indicated information 
has been obtained. It should be noted that most of this information has 
been requested as a matter of longstanding policy. Thus, much of the 
Commission's solicitation to OMB was retroactive in nature. However, in 
the case of proposed Section 73.1300, the Commission elects not to 
request information pertaining to contact persons responsible for 
broadcast stations operating in the unattended mode. Therefore, the OMB 
approval in connection with that section is moot.
    This is a synopsis of the Commission's Report and Order in MM 
Docket No. 94-130 adopted October 2, 1995, and released on October 23, 
1995. The complete text of this Report and Order 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, 211 M St., N.W., Suite 
140, Washington, D.C. 20037.

Synopsis of Report and Order

    1. This proceeding was initiated to determine, in light of the 
advances in automated transmission system 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 was taken in response to the Telecommunications Authorization 
Act of 1992, Pub. L. No. 102-538, 106 Stat. 3533 (``Law''), which among 
other things amended 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 * * *.''
    3. Thus, on the basis of the revised text of Section 318 and on the 
basis of the comments filed in this proceeding, the Commission waives 
the requirement that broadcast stations be operated by licensed duty 
operators, thereby permitting the unattended operation of broadcast 
stations. Additionally, where duty operators continue to be employed on 
an option basis, the requirement that they possess a radiotelephone 
license (usually the Restricted Radio Telephone Operator Permit or 
``RP'') also is waived. Secondarily, the Commission updates various 
transmitter control requirements to make them more relevant to 
unattended operation and to be responsive to commonly asked questions 
concerning their interpretation. The principal matters at issue in this 
proceeding are summarized below under the appropriate topical headings.

Requirements Pertaining to Unattended Operation

    4. The Notice requested comments on potential impediments to the 
unattended operation of broadcast stations. Specifically, it asked 
whether certain types of stations should be excluded (such as 
International Broadcast Stations, certain types of Broadcast Auxiliary 
Stations and AM stations without approved antenna sampling systems) 
from consideration fro unattended operation, and whether automated 
station monitoring and control (``AMC'') or Automatic Transmission 
System (``ATS'') equipment should be required for unattended operation. 
On the basis of the comments, the Commission determined that all types 
of broadcast stations may operate unattended and that the decision to 
employ the use of AMC equipment should be left to the discretion of 
licensees.

Unattended Operation and the Emergency Alert System

    5. The Commission has had under development of several years a new 
Emergency Alert System (``EAS'') which is intended to replace the 
current Emergency Broadcast System (``EBS''). The EAS is specifically 
designed to be automated whereas the EBS is not. The Notice asked 
whether unattended operation of broadcast stations should be deferred 
pending implementation of the EAS. The comments reflected some 
differences of opinion on this issue. However, because various 
difficulties in implementing the EAS have arisen, the Commission 
determined that it would permit unattended operation in advance of 
implementation of the EAS, provided licensees implement some effective 
method of meeting their current EBS responsibilities.

Maximum Time Period for Non-Compliance Correction

    6. The Notice discussed various types of broadcast out-of-tolerance 
operation, their probable interference impact, and the response time in 
which malfunctions should be corrected. The proposal that drew the most 
attention was to replace the imprecise word ``immediate'' with the 
specific time of three minutes currently used in connection with ATS-
operated stations. Generally, the proposed three-minute response time 
was viewed as inappropriate, especially in the case of unattended 
stations. However, a number of the comments supported retention of the 
three-minute response time in the case of malfunctions with severe 
interference potential, but with several hours permitted in the case of 
lesser malfunctions.
    7. The Commission noted that historically, it has required 
licensees to react more or less immediately to transmission system 
malfunctions capable of causing interference; but that this requirement 
was based largely on the fact that such a response time was practical 
(rather than necessary), as transmitter duty operators were always in 
attendance. It further noted that while technical malfunctions do 
adversely affect telecommunications and must be corrected, 
comparatively few are so disruptive as to require immediate correction 
or immediate 

[[Page 55478]]
termination of broadcasting. Thus, the Commission agreed that the 
three-minute response time was unrealistic for a general standard. 
Instead, it adopted a three hour response time as the general rule, 
with a further requirement that a licensee be able to terminate station 
operation within three minutes if specifically requested to do so by 
the Commission, to react to serious malfunctions causing harmful or 
catastrophic loss of telecommunications service.

Monitoring, Measurement and Calibration Requirements

    8. The Notice further explored what broadcast station technical 
parameters were in need of monitoring. It suggested, as a minimum, that 
transmitter power, modulation level and tower lighting status should be 
monitored, as well as daytime/nighttime mode changes and antenna 
relative phases and amplitudes at directional AM stations. Transmitter 
operating frequency was also mentioned for consideration. The Notice 
further proposed that action taken to remedy technical malfunctions be 
logged, and attempted to clarify how various station operating 
parameters should be measured.
    9. The commenters responding to these questions unanimously 
expressed the belief that monitoring transmitter frequency was 
unnecessary. The proposed logging requirements were rejected as being 
unnecessary and unduly regulatory. Concern was also expressed about the 
measurement procedures described in the Notice. The claim was made that 
they constituted a de facto tightening of current operating tolerances.
    10. On the basis of the comments, the Commission concluded that the 
measurement of transmitter frequency and the proposed logging 
requirements were unnecessary. The Commission clarified how the 
proposed rule on measurement tolerances was to be interpreted so as not 
to imply any tightening of operating tolerances.

Antenna Tower Light Monitoring

    11. The Notice suggested that antenna tower light monitoring could 
be automated (as part of configuring a station for unattended 
operation) and that such ongoing monitoring might provide for better 
aviation safety than the once-a-day check currently required by the 
rules as a minimal monitoring activity. The comments generally 
supported this conclusion but raised some question as to who should be 
notified in the event of a lighting failure--the licensee, the Federal 
Aviation Administration (``FAA''), or both. The Commission concluded 
that its current rules adequately regulate automated tower light 
monitoring and indicated that the automated equipment should notify the 
licensee about any malfunction in order to ensure prompt remedial 
action. However, it said that equipment that notifies the licensee and 
the FAA simultaneously of tower lighting failure could be employed 
optionally.

Contact Person

    12. The Notice solicited comment on the idea that the Commission 
should develop a contact person database in the case of unattended 
stations, so that it could contact some responsible person in the event 
of a serious technical malfunction. Alternatively, it proposed that 
contact information be posted at a station's transmitter site.
    13. Comments on the proposed contact person database were 
ambivalent about its probable efficacy and they raised a number of 
collateral concerns such as privacy and reliability of maintenance. 
Similar reservations were expressed about any expansion in transmitter 
site posting requirements.
    14. The Commission concluded that informal procedures long-used by 
its enforcement personnel were sufficient in view of the additional 
burdens that would be imposed by constructing and maintaining a more 
formal contact person database. The Commission also decided that no 
changes in current transmitter site posting requirements (which apply 
only to LPTV, TV translator and TV booster stations) were required.

Transmitter and Antenna System Adjustment

    15. The Notice proposed that broadcast transmission system 
adjustments should only be done by the chief operator or by some other 
technically competent person designated by the licensee. This proposal 
received some support, but one commenter also questioned the value of 
the chief operator. The commenter noted that the chief operator (like 
the duty operator) only need hold the RP and is not required to have 
any special training or skill, thus rendering the position meaningless. 
The need for a competent on-call operator in the event of a station 
malfunction was stressed.
    16. The Commission determined that while chief operators will no 
longer be required to hold any type of license or permit issued by the 
Commission, such personnel are responsible for the proper operation of 
broadcast stations and are expected to be technically competent for the 
task. Eliminating such a position would appear to go outside the scope 
of this proceeding, which has been oriented largely toward the roles of 
license duty operators. After reviewing the current and proposed 
regulations regarding technical personnel, the Commission concluded 
that no new rule is needed.

Permissible Methods for Remote Transmitter Control

    17. Also emphasized in the Notice was the need for licensees to 
have prompt access to metering and control of their transmitters, 
particularly the ability to turn the transmitter off in the event of a 
malfunction (see para.6, supra). The Commission proposed to permit a 
three minute delay in achieving such control, regardless of the kind of 
control circuit utilized. This question was raised largely due to 
uncertainty in the past over the reliability of non-dedicated, switched 
telephone circuits (such as those used for ordinary voice 
communication).
    18. The Commission agreed with those in favor of relying on the 
PSTN for transmitter control. There is no doubt that the reliability of 
the PSTN is very high, and evidence that dedicated leased lines 
received higher priority from the local telephone companies has not 
been provided. Moreover, the Commission was not persuaded by arguments 
that dedicated switched lines should be used for purposes other than 
transmitter control, even if such use is expected to be small. 
Therefore, the rules are being amended to permit the use of a 
dedicated, switched telephone line (or number) for transmitter control 
purposes, in lieu of a dedicated, continual use leased line.

Radiotelephone Operator Permit (``RP'')

    19. The Notice questioned whether in cases where licensees elect to 
continue attended station operation, duty operators should continue to 
be required to hold the RP. The comments were nearly unanimous in 
expressing the opinion that the RP serves no useful purpose and 
represents an unnecessary expense. Several commenters noted that the 
station licensee is the one responsible for a station's proper 
operation, not the holder of an RP. However, one commenter expressed 
the belief that requiring an operator license, even if only with the 
minimal requirements necessary to obtain the RP, would encourage a 
greater sense of responsibility, remove doubts that training for such 
duties is necessary and provide a means to prevent recurrent violators 
from operating broadcast stations. Another commenter reiterated 

[[Page 55479]]
the last-mentioned point, indicating that while the RP is a card that 
requires no knowledge to obtain, it does at least hold people 
accountable to the FCC for their actions. They can be fined for their 
infractions and in cases of gross neglect, lose the permit.
    20. The Commission was unpersuaded that the $35 cost of an RP and 
its potential for revocation constitute much of an incentive to operate 
a station responsibly. The vast majority of the commenters expressed 
the opinion that the RP is completely useless. As an incentive for 
responsible operation, possession of the RP would appear to be less 
effective than the damage to or severance of an employment relationship 
that should be expected in cases of negligent operation.
    21. But the fact that broadcast licensees are held primarily 
responsible for the operation of their stations is the best argument 
for the elimination of the RP. The Commission believes that most 
licensees do attempt to procure competent technical personnel and that 
having the RP is viewed as irrelevant to that process. Therefore, the 
rules are being amended to delete the requirement that a station 
operator possess the RP.

Other Rule Changes Recommended in the Comments

    22. Several commenters recommended changes to rules either not 
discussed in the Notice or not included in its Appendix. In some cases, 
the rules were not included in the Appendix due to oversight, but are 
logical outgrowths of this proceeding or are clerical in nature. Thus, 
the Commission eliminates Section 73.757(b), which requires that a 
licensed operator be in control whenever auxiliary transmitters are 
placed in operation, and Section 73.1230(c), which concerns the posting 
of operator licenses. Still other rule changes were suggested that go 
beyond the scope of this proceeding. These included revision of Section 
73.45 to eliminate the requirement of notifying the Commission about 
changes in antenna resistance, common point impedance and the use of 
direct reading power meters, revision of Section 73.1560 (a)(1) and (b) 
to increase the upper power limit of AM and FM stations from 5% to 10% 
of the value authorized and deletion of Section 73.1570(a) which 
relates to minimum modulation.
    23. Amendment of Sections 73.757 (which requires that a licensed 
operator be present when an auxiliary transmitter is placed in 
operation) and 73.1230 (which concerns the posting of operator 
licenses) will be made as requested, as they were omitted in the Notice 
due to oversight, are editorial in nature and are clearly within the 
scope of this proceeding. Further, the Commission agreed that omission 
of the substance of current Section 73.62(b) in the proposed revision 
constitutes an omission that unnecessarily reduces current operational 
flexibility. Therefore, Section 73.62 as adopted will retain the former 
flexibility concerning operation during inclement weather.
    24. The suggested amendment of Section 73.45 may be worthwhile, but 
as no other parties commented on the proposal in reply comments, the 
Commission concluded that the amendment should be deferred for the 
present. Furthermore, the subject is expected to be discussed in 
another rulemaking preceding (Notice of Proposed Rule Making in MM 
Docket No. 93-177, An Inquiry into Commission Policies and Rules 
Regarding AM Radio Service Directional Antenna Performance 
Verification, 8 FCC Rcd 4345, (1993), 58 Fed. Reg 36184, July 6, 
1993.). The recommended increase in power tolerance for AM and FM 
stations appears to be unnecessary, as the Commission has no complaints 
on record that the current tolerance is too stringent. Moreover, no 
reply comments supported the suggestion. The comment regarding main 
studio location is outside the scope of this proceeding, as more than 
simply technical factors would be at issue, and they would require 
further analysis in a more appropriate forum. Therefore, the Commission 
concluded that no revision to Sections 73.45, 73.1125, 73.1560 and 
73.1570(a) should be made at this time.

25. Final 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 Report and Order specifies the conditions relating 
to such operation.

II. Objectives

    The action taken herein 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 is authorized by Sections 4 (i) and (j), 302, 303 
and 403 of the Communications Act of 1934, as amended.

IV. Description, Potential Impact and Number of Small Entities Affected

    The action taken 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 a significant operational cost 
savings. However, taking advantage of the flexibility provided by the 
proposed new rules is entirely optional. Licensees may continue to 
operate as they currently do if they so desire.

V. Recording, Record Keeping and Other Compliance Requirements

    Comments directed toward the Initial Regulatory Flexibility 
Analysis contained in the Notice of Proposed Rule Making (``Notice'') 
were filed by Ted Miller, who complained about new recordkeeping and 
other requirements proposed the Notice when the Initial Regulatory 
Flexibility Analysis indicated that there were none. Strictly speaking, 
Mr. Miller's assertions are correct. However, the Commission concludes 
that the new recordkeeping requirements proposed in the Notice were 
insignificant compared to the many other deregulatory aspects of this 
proceeding. However, all of Mr. Miller's complaints and recommendations 
have been accommodated and are addressed either in the text of the 
attached Report and Order or in the rule appendix, so that there is in 
fact no adverse regulatory impact whatsoever on smaller broadcast 
licensees.

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.

List of Subjects in 47 CFR Part 73

    Radio broadcasting, Reporting and recordkeeping requirements, 
Television broadcasting.

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

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

[[Page 55480]]


PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for Part 73 is revised to read as 
follows:

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

    2. Section 73.53 is amended by revising paragraph (b)(9) to read as 
follows:


Sec. 73.53  Requirements for authorization of antenna monitors.

* * * * *
    (b) * * *
    (9) The monitor, if intended for use by stations operating 
directional antenna systems by remote control, shall be designed so 
that the switching functions required by paragraph (b)(7) of this 
section may be performed from a point external to the monitor, and 
phase and amplitude indications be provided by external meters. The 
indications of external meters furnished by the manufacturer shall meet 
the specifications for accuracy and repeatability of the monitor 
itself, and the connection of these meters to the monitor, or of other 
indicating instruments with electrical characteristics meeting the 
specifications of the monitor manufacturer shall not affect adversely 
the performance of the monitor in any respect.
* * * * *
    3. Section 73.57 is amended by revising paragraph (d) to read as 
follows:


Sec. 73.57  Remote reading antenna and common point ammeters.

* * * * *
    (d) Each remote reading ammeter shall be accurate to within 2 
percent of the value read on its corresponding regular ammeter.
* * * * *
    4. Section 73.62 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 73.62  Directional antenna system tolerances.

* * * * *
    (b) Whenever the operating parameters of a directional antenna 
cannot be maintained within the tolerances specified in paragraph (a) 
of this section, the following procedures will apply:
    (1) The licensee shall measure and log every monitoring point at 
least once for each mode of directional operation. Subsequent 
variations in operating parameters will require the remeasuring and 
logging of every monitoring point to assure that the authorized 
monitoring point limits are not being exceeded.
    (2) Provided each monitoring point is within its specified limit, 
operation may continue for a period up to 30 days before a request for 
Special Temporary Authority (STA) must be filed, pursuant to paragraph 
(b)(4) of this section, to operate with parameters at variance from the 
provisions of paragraph (a) of this section.
    (3) If any monitoring point exceeds its specified limit, the 
licensee must either terminate operation within 3 hours or reduce power 
in accordance with the applicable provisions of Sec. 73.1350(d), in 
order to eliminate any possibility of interference or excessive 
radiation in any direction.
    (4) If operation pursuant to paragraph (b)(3) of this section is 
necessary, or before the 30 day period specified in paragraph (b)(2) of 
this section expires, the licensee must request a Special Temporary 
Authority (STA) in accordance with Sec. 73.1635 to continue operation 
with parameters at variance and/or with reduced power along with a 
statement certifying that all monitoring points will be continuously 
maintained within their specified limits.
    (5) The licensee will be permitted 24 hours to accomplish the 
actions specified in paragraph (b)(1) of this section; provided that, 
the date and time of the failure to maintain proper operating 
parameters has been recorded in the station log.
    (c) In any other situation in which it might reasonably be 
anticipated that the operating parameters might vary out of tolerance 
(such as planned array repairs or adjustment and proofing procedures), 
the licensee shall, before such activity is undertaken, obtain an STA 
in accordance with Sec. 73.1635 in order to operate with parameters at 
variance and/or with reduced power as required to maintain all 
monitoring points within their specified limits.
    5. Section 73.69 is amended by revising paragraphs (a)(1) and 
(a)(2) to read as follows:


Sec. 73.69  Antenna monitors.

    (a) * * *
    (1) Normally, the antenna monitor is to be installed immediately 
adjacent to the transmitter and antenna phasing equipment. However, the 
monitor may be located elsewhere provided that its environment is 
maintained at all times within those limits under which the monitor was 
type-approved.
    (2) The antenna monitor installed at a station operating a 
directional antenna by remote control or when the monitor is installed 
in the antenna field at a distance from the transmitter, must be 
designed and authorized for such use in accordance with the provisions 
of Sec. 73.53(b)(9).
* * * * *
    6. Section 73.691 is revised to read as follows:


Sec. 73.691  Visual modulation monitoring.

    (a) Each TV station must have measuring equipment for determining 
that the transmitted visual signal conforms to the provisions of this 
subpart. The licensee shall decide the monitoring and measurement 
methods or procedures for indicating and controlling the visual signal.
    (b) In the event technical problems make it impossible to operate 
in accordance with the timing and carrier level tolerance requirements 
of Sec. 73.682 (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and (a)(17), a 
TV broadcast station may operate at variance for a period of not more 
than 30 days without specific authority from the FCC: provided that, 
the date and time of the initial out-of-tolerance condition has been 
entered in the station log. If the operation at variance will exceed 10 
consecutive days, a notification must be sent to the FCC in Washington, 
D.C., not later than the 10th day of such operation. In the event 
normal operation is resumed prior to the end of the 30 day period, the 
licensee must notify the FCC upon restoration of normal operation. If 
causes beyond the control of the licensee prevent restoration of normal 
operation within 30 days, a written request must be made to the FCC in 
Washington, D.C., no later than the 30th day for such additional time 
as may be necessary.


Sec. 73.75  [Amended]

    7. Section 73.757 is amended by removing and reserving paragraph 
(b).


Sec. 73.764  [Removed]

    8. Section 73.764 is removed.


Sec. 73.1010  [Amended]

    9. Section 73.1010 is amended by removing and reserving paragraph 
(c).
    10. Section 73.1230 is revised to read as follows:


Sec. 73.1230  Posting of station license.

    (a) The station license and any other instrument of station 
authorization shall be posted in a conspicuous place and in such a 
manner that all terms are visible at the place the licensee considers 
to be the principal control point of the transmitter.
    (b) Posting of the station license and any other instruments of 
authorization shall be done by affixing them to the wall at thee 
posting location, or by enclosing them in a binder or folder 

[[Page 55481]]
which is retained at the posting location so that the documents will be 
readily available and easily accessible.
    11. A new Sec. 73.1300 is added to read as follows:


Sec. 73.1300  Unattended station operation.

    Broadcast stations may be operated as either attended (where a 
designated person is responsible for the proper operation of the 
transmitting apparatus either at the transmitter site, a remote control 
point or an ATS control point) or unattended (where highly stable 
equipment or automated monitoring of station operating parameters is 
employed). No prior FCC approval is required to operate a station in 
the unattended mode. Regardless of which method of station operation is 
employed, licensees must employ procedures which will ensure compliance 
with Part 11 of this chapter, the rules governing the Emergency Alert 
System (EAS).
    12. A new Sec. 73.1350 is added to read as follows:


Sec. 73.1350  Transmission system operation.

    (a) Each licensee is responsible for maintaining and operating its 
broadcast station in a manner which complies with the technical rules 
set forth elsewhere in this part and in accordance with the terms of 
the station authorization.
    (b) The licensee must designate a chief operator in accordance with 
Sec. 73.1870. The licensee may designate one or more technically 
competent persons to adjust the transmitter operating parameters for 
compliance with the technical rules and the station authorization.
    (1) Persons so authorized by the licensee may make such adjustments 
directly at the transmitter site or by using control equipment at an 
off-site location.
    (2) The transmitter control personnel must have the capability to 
turn the transmitter off at all times. If the personnel are at a remote 
location, the control system must provide this capability continuously 
or must include an alternate method of acquiring control that can 
satisfy the requirement of paragraph (d) of this section that operation 
be terminated within 3 minutes.
    (c) The licensee must establish monitoring procedures and schedules 
for the station and the indicating instruments employed must comply 
with Sec. 73.1215.
    (1) Monitoring procedures and schedules must enable the licensee to 
determine compliance with Sec. 73.1560 regarding operating power and AM 
station mode of operation, Sec. 73.1570 regarding modulation levels, 
and, where applicable, Sec. 73.1213 regarding antenna tower lighting, 
and Sec. 73.69 regarding the parameters of an AM directional antenna 
system.
    (2) Monitoring equipment must be periodically calibrated so as to 
provide reliable indications of transmitter operating parameters with a 
known degree of accuracy. Errors inherent in monitoring equipment and 
the calibration procedure must be taken into account when adjusting 
operating parameters to ensure that the limits imposed by the technical 
rules and the station authorization are not exceeded.
    (d) In the event that a broadcast station is operating in a manner 
that is not in compliance with the technical rules set forth elsewhere 
in this part or the terms of the station authorization, and the 
condition is not listed in paragraph (e) of this section, broadcast 
operation must be terminated within three hours.
    (1) Examples of conditions that require termination of operation 
include excessive power or excessive modulation.
    (2) Additional examples for AM stations are any mode of operation 
not specified by the station license for the pertinent time of day or 
hours of operation and any condition of antenna parameters or 
monitoring points out of the tolerances specified elsewhere in this 
part or by the station's instrument of authorization. For these 
conditions, operation must be terminated within three minutes unless 
antenna input power is reduced sufficiently to eliminate any excess 
radiation.
    (3) For AM stations using directional arrays, additional procedures 
apply when array operating parameters are at variance, monitoring 
points exceed specified limits, or authorized directional mode 
capability is lost. See Sec. 73.62, Directional antenna system 
tolerances; Sec. 73.158, Directional antenna monitoring points; and 
Sec. 73.1680(b), Emergency antennas.
    (e) If a broadcast station is operating in a manner that is not in 
compliance with one of the following technical rules, operation may 
continue if the station complies with relevant alternative provisions 
in the specified rule section.
    (1) AM directional antenna system tolerances, see Sec. 73.62;
    (2) AM directional antenna monitoring points, see Sec. 73.158;
    (3) TV visual waveform, see Sec. 73.691(b);
    (4) Reduced power operation, see Sec. 73.1560(d);
    (5) Reduced modulation level, see Sec. 73.1570(a);
    (6) Emergency antennas, see Sec. 73.1680.
    (f) The transmission system must be maintained and inspected in 
accordance with Sec. 73.1580.
    (g) Whenever a transmission system control point is established at 
a location other than at the main studio or transmitter, notification 
of that location must be sent to the FCC in Washington, D.C. within 3 
days of the initial use of that point. This notification is not 
required if responsible station personnel can be contacted at the 
transmitter or studio site during hours of operation.
    (h) The licensee must ensure that the station is operated in 
compliance with Part 11 of this chapter, the rules governing the 
Emergency Alert System (EAS).
    13. Section 73.1400 is revised to read as follows:


Sec. 73.1400  Transmission system monitoring and control.

    The licensee of an AM, FM or TV station is responsible for assuring 
that at all times the station operates within tolerances specified by 
applicable technical rules contained in this part and in accordance 
with the terms of the station authorization. Any method of complying 
with applicable tolerances is permissible. The following are typical 
methods of transmission system operation:
    (a) Attended operation. (1) Attended operation consists of ongoing 
supervision of the transmission facilities by a station employee or 
other person designated by the licensee. Such supervision may be 
accomplished by either:
    (i) Direct supervision and control of transmission system 
parameters by a person at the transmitter site; or
    (ii) Remote control of the transmission system by a person at the 
main studio or other location. The remote control system must provide 
sufficient transmission system monitoring and control capability so as 
to ensure compliance with Sec. 73.1350.
    (2) A station may also be monitored and controlled by an automatic 
transmission system (ATS) that is configured to contact a person 
designated by the licensee in the event of a technical malfunction. An 
automatic transmission system consists of monitoring devices, control 
and alarm circuitry, arranged so that they interact automatically to 
operate the station's transmitter and maintain technical parameters 
within licensed values.

[[Page 55482]]

    (3) A hybrid system containing some remote control and some ATS 
features is also permissible.
    (4) In the case of remote control or ATS operation, not every 
station parameter need be monitored or controlled if the licensee has 
good reason to believe that its stability is so great that its 
monitoring and control are unnecessary.
    (b) Unattended operation. Unattended operation is either the 
absence of human supervision or the substitution of automated 
supervision of a station's transmission system for human supervision. 
In the former case, equipment is employed which is expected to operate 
within assigned tolerances for extended periods of time. The latter 
consists of the use of a self-monitoring or ATS-monitored and 
controlled transmission system that, in lieu of contacting a person 
designated by the licensee, automatically takes the station off the air 
within three hours of any technical malfunction which is capable of 
causing interference.


Sec. Sec. 73.1410, 73.1500, 73.1550  [Removed]

    14. Sections 73.1410, 73.1500 and 73.1550 are removed.
    15. Section 73.1580 is revised to read as follows:


Sec. 73.1580  Transmission system inspections.

    Each AM, FM, and TV station licensee or permittee must conduct 
periodic complete inspections of the transmitting system and all 
required monitors to ensure proper station operation.
    16. Section 73.1635 is amended by revising paragraph (a)(5) to read 
as follows:


Sec. 73.1635  Special temporary authorizations (STA).

    (a) * * *
    (5) Certain rules specify special considerations and procedures in 
situations requiring an STA or permit temporary operation at variance 
without prior authorization from the FCC when notification is filed as 
prescribed in the particular rules. See Sec. 73.62, Directional antenna 
system tolerances; Sec. 73.157, Antenna testing during daytime; 
Sec. 73.158, Directional antenna monitoring points; Sec. 73.691, Visual 
modulation monitoring; Sec. 73.1250, Broadcasting emergency 
information; Sec. 73.1350, Transmission system operation; Sec. 73.1560, 
Operating power and mode tolerances; Sec. 73.1570, Modulation levels: 
AM, FM, and TV aural; Sec. 73.1615, Operation during modification of 
facilities; Sec. 73.1680, Emergency antennas; and Sec. 73.1740, Minimum 
operating schedule.
* * * * *
    17. Section 73.1820 is amended by revising paragraphs (a) 
introductory text, (a)(2)(iii), by removing paragraphs (b)(4), (b)(5) 
and (b)(6), redesignating paragraphs (b)(7) and (b)(8) as paragraphs 
(b)(4) and (b)(5), respectively and revising newly redesignated 
paragraph (b)(4) to read as follows:


Sec. 73.1820  Station log.

    (a) Entries must be made in the station log either manually by a 
person designated by the licensee who is in actual charge of the 
transmitting apparatus, or by automatic devices meeting the 
requirements of paragraph (b) of this section. Indications of operating 
parameters that are required to be logged must be logged prior to any 
adjustment of the equipment. Where adjustments are made to restore 
parameters to their proper operating values, the corrected indications 
must be logged and accompanied, if any parameter deviation was beyond a 
prescribed tolerance, by a notation describing the nature of the 
corrective action. Indications of all parameters whose values are 
affected by the modulation of the carrier must be read without 
modulation. The actual time of observation must be included in each log 
entry. The following information must be entered:
* * * * *
    (2) * * *
    (iii) Entries of the results of calibration of automatic logging 
devices (see paragraph (b) of this section) or indicating instruments 
(see Sec. 73.67), whenever performed.
    (b) * * *
    (4) In the event of failure or malfunctioning of the automatic 
equipment, the person designated by the licensee as being responsible 
for the log small make the required entries in the log manually at that 
time;
* * * * *


Sec. 73.1860  [Removed]

    18.Section 73.1860 is removed.
    19. Section 73.1870 is amended by revising paragraphs (a) and 
(b)(3) to read as follows:


Sec. 73.1870  Chief operators.

    (a) The licensee of each AM, FM, or TV broadcast station must 
designate a person to serve as the station's chief operator. At times 
when the chief operator is unavailable or unable to act (e.g., 
vacations, sickness), the licensee shall designate another person as 
the acting chief operator on a temporary basis.
    (b) * * *
    (3) The designation of the chief operator must be in writing with a 
copy of the designation posted with the station license. Agreements 
with chief operators serving on a contract basis must be in writing 
with a copy kept in the station files.
* * * * *

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

    20. 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.


Sec. 74.5  [Amended]

    21. Section 74.5 is amended by removing and reserving paragraph 
(c).
    22. Section 74.18 is revised to read as follows:


Sec. 74.18  Transmitter control and operation.

    Except where unattended operation is specifically permitted, the 
licensee of each station authorized under the provisions of this part 
shall designate a person or persons to activate and control its 
transmitter. At the discretion of the station licensee, persons so 
designated may be employed for other duties and for operation of other 
transmitting stations if such other duties will not interfere with the 
proper operation of the station transmission systems.
    23. Section 74.165 is revised to read as follows:


Sec. 74.165  Posting of station license.

    The instrument of authorization or a clearly legible photocopy 
thereof shall be available at the transmitter site.
    24. Section 74.432 is amended by revising paragraph (e)(1) to read 
as follows:


Sec. 74.432  Licensing requirements and procedures.

* * * * *
    (e) * * *
    (1) The station must be designed, installed, and protected so that 
the transmitter can only be activated or controlled by persons 
authorized by the licensee.
* * * * *
    25. Section 74.434 is amended by revising paragraph (b) to read as 
follows:


Sec. 74.434  Remote control operation.

* * * * *
    (b) A remote control system must be designed, installed, and 
protected so that the transmitter can only be activated or controlled 
by persons authorized by the licensee.
* * * * *

[[Page 55483]]

    26. Section 74.436 is amended by revising paragraph (a) to read as 
follows:


Sec. 74.436  Special requirements for automatic relay stations.

    (a) An automatic relay station must be designed, installed, and 
protected so that the transmitter can only be activated or controlled 
by persons authorized by the licensee.
* * * * *
    27. Section 74.533 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 74.533  Remote control and unattended operation.

    (a) * * *
    (2) The remote control system must be designed, installed, and 
protected so that the transmitter can only be activated or controlled 
by persons authorized by the licensee.
* * * * *
    28. Section 74.564 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec. 74.564  Posting of station license.

    (a) The station license and any other instrument of authorization 
or individual order concerning the construction of the equipment or 
manner of operation of the station shall be posted in the room in which 
the transmitter is located, provided that if the station is operated by 
remote control pursuant to Sec. 74.533, the station license shall be 
posted at the operating position.
* * * * *
    29. Section 74.634 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 74.634  Remote control operation.

    (a) * * *
    (1) The remote control system must be designed, installed, and 
protected so that the transmitter can only be activated or controlled 
by persons authorized by the licensee.
* * * * *
    30. Section 74.703 is amended by revising paragraph (c) to read as 
follows:


Sec. 74.703  Interference.

* * * * *
    (c) It shall be the responsibility of the licensee of a low power 
TV, TV translator, or TV booster station to correct any condition of 
interference which results from the radiation of radio frequency energy 
outside its assigned channel. Upon notice by the Commission to the 
station licensee that such interference is caused by spurious emissions 
of the station, operation of the station shall be suspended within 
three minutes and not resumed until the interference has been 
eliminated. However, short test transmissions may be made during the 
period of suspended operation to check the efficacy of remedial 
measures.
* * * * *
    31. Section 74.734 is amended by revising paragraph (a) 
introductory text and removing paragraph (a)(6) to read as follows:


Sec. 74.734  Attended and unattended operation.

    (a) Low power TV, TV translator, and TV booster stations may be 
operated without a designated person in attendance if the following 
requirements are met:
* * * * *
    32. Section 74.750 is amended by revising paragraph (g) to read as 
follows:


Sec. 74.750  Transmission system facilities.

* * * * *
    (g) Low power TV, TV translator, or TV booster stations installing 
new type accepted transmitting apparatus incorporating modulating 
equipment need not make equipment performance measurements and shall so 
indicate on the station license application. Stations adding new or 
replacing modulating equipment in existing low power TV, TV translator, 
or TV booster station transmitting apparatus must have a qualified 
person examine the transmitting system after installation. This person 
must certify in the application for the station license that the 
transmitting equipment meets the requirements of paragraph (d)(1) of 
this section. A report of the methods, measurements, and results must 
be kept in the station records. However, stations installing modulating 
equipment solely for the limited local origination of signals permitted 
by Sec. 74.731 need not comply with the requirements of this paragraph.


Sec. 74.765  [Amended]

    33. Section 74.765 is amended by removing paragraph (b) and 
redesignating paragraph (c) as paragraph (b).
    34. Section 74.769 is revised to read as follows:


Sec. 74.769  Copies of rules.

    The licensee or permittee of a station authorized under this 
subpart shall have a current copy of Volume I and Volume III of the 
Commission's Rules. Each such licensee or permittee shall be familiar 
with those rules relating to stations authorized under this subpart. 
Copies of the Commission's rules may be obtained from the 
Superintendent of Documents, Government Printing Office, Washington, DC 
20402.
    35. Section 74.901 is amended by revising the definitions for 
``Attended operation'', ``Remote control'' and ``Unattended operation'' 
to read as follows:


Sec. 74.901  Definitions.

    Attended operation. Operation of a station by a designated person 
on duty at the place where the transmitting apparatus is located with 
the transmitter in the person's plain view.
* * * * *
    Remote control. Operation of a station by a designated person at a 
control position from which the transmitter is not visible but where 
suitable control and telemetering circuits are provided which allow the 
performance of the essential functions that could be performed at the 
transmitter.
* * * * *
    Unattended operation. Operation of a station by automatic means 
whereby the transmitter is turned on and off and performs its functions 
without attention by a designated person.
    36. Section 74.939 is amended by revising paragraph (i) to read as 
follows:


Sec. 74.939  Special rules governing ITFS response stations.

* * * * *
    (i) The transmitter of an ITFS response station may be operated 
unattended. The overall performance of the ITFS response station 
transmitter shall be checked as often as necessary to ensure that it is 
functioning in accordance with the requirements of the Commission's 
rules. The licensee of an ITFS response station is responsible for the 
proper operation of the transmitter at all times. The transmitter shall 
be installed and protected in such manner as to prevent tampering or 
operation by unauthorized persons.
* * * * *
    37. Section 74.969 is revised to read as follows:


Sec. 74.969  Copies of rules.

    The licensee of an instructional television fixed station shall 
have a current copy of Parts 73 and 74 of this chapter. In cases where 
aeronautical hazard marking of antennas is required, such licensee 
shall also have a current copy of Part 17 of this chapter. Each 
licensee is expected to be familiar with the pertinent rules governing 
instructional television fixed stations.
    38. Section 74.1203 is amended by revising paragraph (e) to read as 
follows:


Sec. 74.1203  Interference.

* * * * *

[[Page 55484]]

    (e) It shall be the responsibility of the licensee of an FM 
translator or FM booster station to correct any condition of 
interference which results from the radiation of radio frequency energy 
by its equipment on any frequency outside the assigned channel. Upon 
notice by the Commission to the station licensee that such interference 
is being caused, the operation of the FM translator or FM booster 
station shall be suspended within three minutes and shall not be 
resumed until the interference has been eliminated or it can be 
demonstrated that the interference is not due to spurious emissions by 
the FM translator or FM booster station; provided, however, that short 
test transmissions may be made during the period of suspended operation 
to check the efficacy of remedial measures.
    39. Section 74.1234 is amended by revising paragraph (a) 
introductory text and removing paragraph (c) to read as follows:


Sec. 74.1234  Unattended operation.

    (a) A station authorized under this subpart may be operated without 
a designated person in attendance if the following requirements are 
met:
* * * * *
[FR Doc. 95-26699 Filed 10-3-95; 8:45 am]
BILLING CODE 6712-01-M