[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Notices]
[Pages 11840-11842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6880]



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FEDERAL COMMUNICATIONS COMMISSION

Low Power Television and Television Translator Filing Window From 
April 22, Through April 26, 1996

AGENCY: Federal Communications Commission.

ACTION: Notice of Filing Window.

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SUMMARY: This action gives notice of an application filing window for 
the tendering of applications for major changes in existing facilities 
for low power television and television translator stations. This 
notice sets forth the filing procedures, including when and where to 
file and the applicable application form to be used, and information 
concerning application filing fees.

DATES: April 22, 1996 through April 26, 1996.

FOR FURTHER INFORMATION CONTACT: Hossein Hashemzadeh, Low Power 
Television Branch, Mass Media Bureau, (202) 418-1650.

SUPPLEMENTARY INFORMATION:

Notice of Low Power Television/Television Translator ``Major Change 
Only'' Filing Window From April 22, 1996 Through April 26, 1996

    Released: March 18, 1996.

    Commencing April 22, 1996, and continuing to and including April 
26, 1996, the Commission will permit the filing of applications for 
MAJOR CHANGES ONLY in existing facilities for low power television and 
television translator stations (LPTV).

Major Change Limitation

    As set forth in Section 73.3572 of the Commission's Rules, a major 
change in facilities for a LPTV station includes any change in 
frequency (output channel) assignment, transmitting antenna system, 
antenna height or authorized operating power. Any change in antenna 
location exceeding 200 meters also constitutes a major change. Section 
73.3572 does not explicitly limit the distance by which a major change 
applicant may propose to move its station's antenna location. In 
previous LPTV filing windows, which were open generally to applicants 
for new station construction permits, as well as major change 
applicants, we have seen major change applicants that proposed to 
change antenna locations well beyond 200 meters, resulting in cessation 
of service in the current viewing area and movement to an entirely new 
community. In all significant respects, those applications were the 
equivalent of applications for new station construction permits. In 
view of our decision to proscribe the filing of new LPTV construction 
permit applications at this time, some geographic limitation on antenna 
relocations must be imposed. Accordingly, applications to change 
antenna locations will not be accepted in this filing window if they 
propose to move the location of the antenna more

[[Page 11841]]
than 64.4 kilometers (40 miles) from the presently authorized location. 
This limitation should afford applicants ample flexibility to relocate 
transmitting facilities and improve their existing operations.

New Station Prohibition

    The filing of applications for new construction permits for LPTV 
stations will not be permitted at this time. In previous filing 
windows, the Commission has allowed the filing of applications for new 
LPTV stations that specify transmitter site coordinates (geographic 
latitude and longitude) located more than 161 kilometers (100 miles) 
from reference coordinates of 36 urban areas. These geographic 
restrictions were necessitated by the Commission's proceeding on 
Advanced Television Systems (ATV) and the large number of low power 
television and television translator stations already authorized in and 
around these metropolitan areas. Because it is possible that some of 
these stations would be displaced in channel, if and when the spectrum 
is needed by full-service stations for ATV use, the geographic 
restriction against additional new stations in and around these urban 
areas was intended to minimize the extent to which LPTV service to the 
public could be disrupted. Limiting this window to the filing of 
certain major change applications, pending further action in the ATV 
proceeding, will further minimize possible disruption of low power 
television and television translator service to the public.

Filing Locations

    All LPTV applications that are subject to the payment of a fee must 
be filed at the Pittsburgh, Pennsylvania locations specified herein. 
Those LPTV applicants that are fee exempt, as explained later in this 
Public Notice, must file their applications directly with the Federal 
Communications Commission at the location specified herein.

Applications Requiring a Fee

    Generally, applicants seeking to make a major change in the 
facilities of an existing low power television or television translator 
station are required to pay and submit a fee with the filing of the 
application. The March 1996 edition of FCC Form 346, which is to be 
used during this window period, contains instructions for providing the 
fee information called for in Section I, Questions 1 and 2 of the 
application. Applicants should complete those questions, specifying 
``MOL'' as the Fee Type Code and attaching (but not stapling) their 
$490.00 remittance for the requisite fee.
    Payment of the required fee can be made by check, bank draft, money 
order or credit card. If paying by check, bank draft or money order, 
your remittance must be denominated in U. S. dollars, drawn upon a U.S. 
financial institution and made payable to the Federal Communications 
Commission. No postdated, altered or third-party check will be 
accepted. DO NOT SEND CASH. Checks dated six months or older will not 
be accepted for filing.
    Applicants who wish to pay their filing fee by money order or 
credit card must submit FCC Form 159 (Remittance Advice), together with 
their application. Applicants who wish to pay for more than one major 
change application with a single payment must also submit FCC Form 159, 
listing each application as a separate item on FCC Form 159. If 
additional entries are necessary, FCC Form 159C (Continuation Sheet) is 
to be used. Those applicants electing to pay in a manner that requires 
the submission of FCC Form 159 must still complete Section I, Question 
1 of FCC Form 346 (March 1996 edition). Question 2 of Section I need 
not be completed, but FCC Form 159 must be submitted instead. If other 
than the March 1996 edition of FCC Form 346 is utilized, FCC Form 159 
MUST be used regardless of the manner of payment.
    The March 1996 edition of FCC Form 346, as well as FCC Forms 159 
and 159C, can be obtained by calling the FCC's Forms Distribution 
Center at Telephone Number (202) 418-3676 or 1-800-418-3676 and leaving 
your request on the answering machine provided for this purpose. These 
forms are also available by using the FCC's Fax-On-Demand system. 
Copies may be ordered via fax 24-hours a day by calling Telephone 
Number (202) 418-0177 from the handset of any fax machine. For the 
March 1996 edition of FCC Form 346, the document retrieval number is 
000346, whereas the document retrieval number for FCC Form 159 and 159C 
is 000159. Callers should follow the system voice prompts and enter the 
document retrieval numbers when requested. Due to the limited number of 
telephone lines into the FCC's Fax-On-Demand system, callers may wish 
to call during non-business hours. If callers have any difficulty with 
transmission of their fax, they should contact Dorothy Conway at 
Telephone Number (202) 418-0217.
    For applications requiring a fee, the Commission will utilize the 
facilities of a Treasury Department lockbox bank. These filings can be 
made, either by mail or by person, at the following locations ONLY:

If mailed--Federal Communications Commission, Low Power Television 
Window Filing, P.O. Box 358992, Pittsburgh, PA 15251-5992
If hand-delivered--Federal Communications Commission, Low Power 
Television Window Filing, Three Mellon Bank Center, 525 William Penn 
Way, Pittsburgh, PA 15259, Attn: Wholesale Lockbox Shift Supervisor.

    Mailed applications must be actually received no later than Friday, 
April 26, 1996. Hand-carried or couriered applications can be delivered 
at the Three Mellon Bank Center location at any time during the window 
period up through 11:59 p.m. on Friday, April 26, 1996. Submissions 
tendered after 11:59 p.m. on Friday, April 26, 1996, will not be 
accepted. Detailed instructions to get to this location are included in 
this Public Notice as Attachment I.
    An original and two copies of the application and all required 
exhibits must be filed. To facilitate the initial processing of these 
applications, all applicants are requested to enclose in a single 
envelope the original and duplicate copies of the application, with 
each duplicate copy clearly denoted by the applicant. Where more than 
one major change application is being filed, separate envelopes 
enclosing the individual application (i.e., an original and two copies) 
can be mailed in a single package. Receipts will not be provided by the 
lockbox bank facility. However, a ``stamp receipted copy'' will be 
furnished by the lockbox bank facility provided the applicant clearly 
identifies the copy to be stamped, and the filing is submitted with the 
``stamp receipted copy'' on top of the original application package. 
Requests for ``stamp receipted copies'' must include a stamped, self-
addressed envelope of sufficient size to accommodate the stamp 
receipted copy to be returned. If the ``stamp receipted copy'' is 
submitted in any other format or the envelope is not of sufficient 
size, it will not be stamped and returned. For hand-carried or 
couriered applications delivered to the Three Mellon Bank Center 
location, bank personnel, if requested in person, will date stamp as 
received a proffered copy of the application and return it to the 
requester. Only one piece of paper per individual application will be 
stamped for receipt purposes.
    Applications submitted without a FCC Form 159, if required, with 
insufficient or inappropriate payments, or without any payments will be 
dismissed and returned to the applicant

[[Page 11842]]
without processing. See Section 1.1107 of the Commission's Rules. 
Following the fee review process, applications that are found to be 
patently defective or not ``substantially complete,'' will be rejected 
and returned to the applicant. See Section 73.3564 of the Commission's 
Rules.

Applications Not Requiring a Fee

    Governmental entities are exempt from the $490.00 fee. As defined 
by the Commission's rules, governmental entities include ``any 
possession, state, city, county, town, village, municipal corporation 
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.'' Also exempted from this fee are noncommercial educational 
FM and full-service television broadcast station licensees seeking to 
make major changes in the facilities of their existing low power 
television or television translator stations, provided those stations 
operate or will be operated on a noncommercial educational basis. A 
licensee or permittee of a low power television or television 
translator station, which is filing a major change application and 
which earlier obtained either a fee refund because of a NTIA facilities 
grant for that station or a fee waiver because of demonstrated 
compliance with the eligibility and service requirements of Section 
73.621 of the Commission's Rules, is similarly exempt from payment of 
the $490.00 fee. See Section 1.1112 of the Commission's Rules. To avail 
itself of any fee exemption an applicant must indicate its eligibility 
by checking the most appropriate box in Question 2, Section I of FCC 
Form 346 (March 1996 edition). Again, the March 1996 edition of FCC 
Form 346 can be obtained by calling the FCC Forms Distribution Center 
or the FCC's Fax-On-Demand system.
    Filing of LPTV window applications not requiring the payment of a 
fee can be made either by mail or by person, at the following locations 
ONLY:

If mailed--Federal Communications Commission, Low Power Television 
Window Filing, Room 222, 1919 M Street NW., Washington, D.C. 20554
If hand-delivered--Federal Communications Commission, Secretary's 
Office, Room 222, 1919 M Street NW., Washington, D.C. 20554.

    Mailed applications must be actually received no later than April 
26, 1996. Hand-carried or couriered applications can be delivered daily 
during the filing window at the Secretary's Office from 8:00 a.m. to 
5:30 p.m. Applications tendered after 5:30 p.m. on Friday, April 26, 
1996, will not be accepted.
    For further information concerning the filing window, contact 
Hossein Hashemzadeh, Low Power Television Branch, Mass Media Bureau at 
Telephone Number (202) 418-1650.

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

Attachment--Directions to Three Mellon Bank Center

From Greater Pittsburgh International Airport and Interstate 79

    Proceed east on Parkway (Interstate 279) towards downtown 
Pittsburgh. Go through the Fort Pitt tunnels and across the Fort Pitt 
Bridge. Follow signs to Parkway East (Monroeville). Travel 
approximately 1/4 of a mile to the Grant Street Exit (Exit 3). Proceed 
on Grant Street to 6th Street. Make a left on 6th Street, go one block, 
make another left onto William Penn Way. The street address is 525 
William Penn Way. Enter building at designated entrance and follow 
signs.

From Pennsylvania Turnpike

    Take Exit 6 (Monroeville) to Parkway (Interstate 376). Go west on 
Parkway to the Grant Street Exit (Exit 3). Proceed on Grant Street to 
6th Street. Make a left on 6th Street, go one block, make another left 
onto William Penn Way. The street address is 525 William Penn Way. 
Enter building at designated entrance and follow signs.

Parking

    Parking is available in several parking garages which are within 
two blocks of Three Mellon Bank Center. Kaufman Department Store garage 
is located on Smithfield Street; and Mellon Square Garage is on 6th 
Avenue (across from the Alcoa Building). There is also a loading area 
located behind One Mellon Bank Center on Ross Street.

[FR Doc. 96-6880 Filed 3-21-96; 8:45 am]
BILLING CODE 6712-01-P