[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Proposed Rules]
[Pages 15439-15441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8595]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73, and 74

[MM Docket No. 96-58, FCC 96-118]


Minor Changes in Broadcast Facilities Without a Construction 
Permit

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This Notice of Proposed Rule Making (NPRM) in MM Docket No. 
96-58 seeks comment regarding various proposals to streamline the 
Commission's rules and processes applicable to broadcast stations 
seeking to make minor modifications in their transmission facilities. 
The proposals set forth in this NPRM would allow broadcast stations to 
effectuate certain types of minor modifications without first obtaining 
a construction permit from the Commission authorizing the change. The 
types of minor modifications that are proposed for this streamlined 
procedure are those which would be expected to have no potential to 
cause interference to other stations. The Commission also seeks 
comments on other types of minor modifications that would be 
appropriate for this streamlined one-step licensing procedure. The NPRM 
also proposes some additional changes to relevant rule sections to make 
clarifications and to conform the rules to existing policy.

DATES: Initial comments are due May 16, 1996; reply comments are due 
June 17, 1996. Written comments by the public on the proposed and/or 
modified information collections are due May 16, 1996. Written comments 
must be submitted by the Office of Management and Budget (OMB) on the 
proposed and/or modified information collections on or before June 7, 
1996.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
Washington, D.C. 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Dorothy Conway, Federal 
Communications Commission, Room 234, 1919 M Street, N.W., Washington, 
DC 20554, or via the Internet to [email protected], and to Timothy Fain, 
OMB Desk Officer, 10234 NEOB, 725--17th Street, N.W., Washington, DC 
20503 or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Dale Bickel, Mass Media Bureau, Audio 
Services Division, (202) 418-2720, or Richard Waysdorf, Mass Media 
Bureau, Audio Services Division, (202) 418-2679. For additional 
information concerning the information collections contained in the 
NPRM, contact Dorothy Conway at (202) 418-0217, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is the synopsis of the Commission's 
Notice of Proposed Rule Making in MM Docket No. 96-58, adopted March 
19, 1996, and released March 22, 1996.
    The complete text of this NPRM, which was adopted in MM Docket No, 
96-58, is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W., 
Washington, DC, and may also be purchased from the Commission's copy 
contractor, International Transcription Services, Inc., at (202) 857-
3800, 2100 M Street, N.W., Suite 140, Washington, DC 20037.

Synopsis of Order and Notice of Proposed Rule Making

    1. In the NPRM, the Commission seeks comment regarding various 
proposals to streamline the Commission's rules and procedures relating 
to modifications of broadcast station transmission facilities. The NPRM 
proposes to modify portions of Section 73 and 74 of the rules to permit 
broadcast stations to implement certain types of minor modifications of 
their facilities without first obtaining a construction permit 
authorizing the modifications. The Commission's Rules generally require 
that modifications of broadcast licenses and permits may be 
accomplished only through a two-step process: first, the station files 
an application for a construction permit, and second, after the 
facilities are modified, the station files an application for a license 
for the modified facilities. However, because certain types of minor 
modifications are unlikely to have any impact on other stations, the 
requirement of prior review and authorization of the change by the 
Commission staff often involves redundant analysis and unnecessarily 
delays the implementation of such changes.
    2. Pursuant to a request from the Commission, Congress included in 
the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 
(1996), a specific provision (Section 403(m)) that authorized the 
Commission to allow certain types of minor modifications without the 
need for a construction permit. With this new authority, the 
Commission, in the NPRM, has proposed that the types of minor license 
modifications discussed below be permitted without first obtaining a 
construction permit. In addition, in the NPRM, the Commission 
explicitly seek suggestions from the public and the broadcast industry 
as to additional types of minor modifications that could be effectuated 
through a one-step licensing process without prior approval of the 
Commission. The NPRM also proposes some additional changes to relevant 
rule sections to make clarifications and to conform the rules to 
existing policy.
    3. The NPRM proposes that the following types of minor license and 
permit modifications would be permitted to be implemented without the 
prior authorization of the Commission, provided that the licensee or 
permittee file a modification of license application, using FCC Form 
302, within 10 days of effectuating the change: 1) commercial FM 
stations would be permitted to increase effective radiated power up to 
the maximum level for the class of station; 2) FM and television 
stations would be permitted to replace one directional antenna with 
another; 3) FM stations would be permitted to delete contour protection 
status under Section 73.215 of the rules where the stations they are 
providing contour protection move to fully spaced

[[Page 15440]]
locations; 4) FM stations would be permitted to use formerly licensed 
main transmission facilities as auxiliary broadcast facilities; 5) FM 
and television stations would be permitted to change vertically 
polarized effective radiated power (ERP); and 6) FM and television 
stations would be permitted to make slight changes in antenna radiation 
center height.
    4. In addition, the NPRM proposes that requests for waiver of the 
main studio location rule be made by letter with supporting 
documentation rather than by filing a construction permit application; 
and that commercial stations seeking to change to noncommercial status 
file a one-step modification of license application rather than a 
construction permit application followed by a license application. In 
both of these cases, prior Commission approval would still be required 
before the proposed change could be implemented. In addition, the NPRM 
proposes that directional FM stations would be allowed to commence 
automatic program tests at reduced power upon completion of 
construction without the prior approval of the Commission.
    5. The proposed rules set forth in the NPRM would allow broadcast 
stations to make the types of specified modifications to their 
facilities more quickly and at a lower cost. Additionally, the NPRM 
seeks additional suggestions from the public as to other types of minor 
modifications that could also be streamlined through use of the one-
step licensing process.

Initial Paperwork Reduction Act of 1995 Analysis

    The Federal Communications Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and 
other Federal agencies to take this opportunity to comment on the 
following proposed and/or continuing information collections, as 
required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. The NPRM has been submitted to the Office of Management and Budget 
(OMB) for review under Section 3507(d) of the PRA. Comments are 
requested concerning (a) whether the proposed collection of information 
is necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    This NPRM, MM Docket No. 96-58, ``Amendment of Parts 73 and 74 of 
the Commission's Rules to Permit Certain Minor Changes in Broadcast 
Facilities Without A Construction Permit'' which does not have an OMB 
control number, proposes rules changes that will affect six existing 
collections. The revisions are proposed to affect the following:
    Title: Section 73.1125 Station Main Studio Location.
    Form Numbers: FCC 301, FCC 302-AM, FCC 302-FM, FCC 302-TV, FCC 340.
    Type of Review: Revision to Existing Collections.
    Respondents: Broadcast Permittees/Licensees.

    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    Number of Respondents for FCC 301: 1825.
    Estimated time per response: The burden ranges from 37 hours to 159 
hours. These hours include the hours included in the cost for 
contracting out with attorneys and consulting engineers.
    Annual Burden: 7,247.

    OMB Control Number: 3060-0034.
    Title: Application for Construction Permit for Noncommercial 
Educational Broadcast Station.
    Number of Respondents for FCC 340: 244.
    Estimated time per response: The burden ranges from 50 hours to 
302.33 hours. These hours include the hours included in the cost for 
contracting out with attorneys and consulting engineers.
    Annual Burden: 1,243.

    OMB Control Number: 3060-0627.
    Title: Application for AM Broadcast Station License.
    Number of Respondents for FCC 302-AM: 449.
    Estimated time per response: The burden ranges from 2 hours to 
1039.75 hours. These hours include the hours included in the cost for 
contracting out with attorneys and consulting engineers.
    Annual Burden: 1,758.

    OMB Control Number: 3060-0506.
    Title: Application for FM Broadcast Station License.
    Number of Respondents for FCC 302-FM: 757.
    Estimated time per response: The burden ranges from 3 to 25 hours. 
These hours include the hours included in the cost for contracting out 
with attorneys and consulting engineers.
    Annual Burden: 1,675.

    OMB Control Number: 3060-0029.
    Title: Application for TV Broadcast Station License.
    Number of Respondents for FCC 302-TV: 83.
    Estimated time per response: The burden ranges from 18 to 25 hours. 
These hours include the hours included in the cost for contracting out 
with attorneys and consulting engineers.
    Annual Burden: 306.

    OMB Control Number: 3060-0171.
    Title: Section 73.1125 Station main studio location.
    Number of Respondents for Section 73.1125: 155.
    Estimated time per response: 0.5 hours (this hour is split between 
cost and burden, 15 minutes burden for the licensee and 30 minutes cost 
for a communications attorney).
    Annual Burden: 39.
    Needs and Uses: On February 8, 1996, President Clinton signed into 
law the Telecommunications Act of 1996 which revised Section 319(d) of 
the Communications Act to remove the prohibition against changing the 
permit requirement for minor broadcast station facilities changes. To 
implement this change in the law, on March 19, 1996, the Commission 
adopted a Notice of Proposed Rule Making in MM Docket No. 96-58 seeking 
comment on revising our regulations to eliminate the two-step 
application process where appropriate and replace it with a single step 
licensing procedure. These proposals would cause revisions to the 
following information collections: FCC 301 (3060-0027), FCC 340 (3060-
0034), FCC 302-AM (3060-0627), FCC 302-FM (3060-0506), FCC 302-TV 
(3060-0029), Section 73.1125 (3060-0171). Among other things, this NPRM 
proposes to eliminate the present requirement for a construction permit 
(FCC Forms 301/340) for a broadcast station in certain instances where 
the changed facilities will not have an adverse impact on other 
broadcast facilities. In these instances, we will permit the broadcast 
licensee or permittee to make changes without prior authority from the 
Commission and file a license application (FCC Forms 302-AM/302-FM/302-
TV) with specified exhibits to reflect the change afterwards. 
Additionally, we propose to eliminate the need to file an application 
for construction permit on FCC 301/340 to request a main studio move. 
We propose that these requests be made in a letter form with 
appropriate justification. These proposed changes would eliminate the 
delay and expense of completing the construction permit application and 
will enable licensees/permittees to make changes with

[[Page 15441]]
minimal delay. In addition to these specific proposals, the Commission 
is also seeking suggestions from the public and the broadcast industry 
as to additional types of minor modifications that could be effectuated 
through a one-step licensing process without prior approval of the 
Commission.

Initial Regulatory Flexibility Analysis

    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 the NPRM. Written public comments are requested on the 
IFRA. These comments must be filed in accordance with the same filing 
deadlines as comments on the rest of the NPRM, 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 the NPRM, 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 No. 96-354, 94 Stat. 1164, 5 U.S.C. Section 
601, et seq. (1980).
    I. Reason for Action: This proposed action is necessary to provide 
more flexibility for AM, FM and television stations to effectuate minor 
modifications of their facilities in instances where there would not 
likely be any significant impact on other stations. In addition, this 
proposed action would allow such minor modifications to be made more 
quickly than under the current procedures.
    II. Objectives: The objective of this proceeding is to allow AM, 
FM, and television station licensees and permittees to bring improved 
service to the public more efficiently and expeditiously while 
controlling interference to other stations.
    III. Legal Basis: The action taken in this NPRM is authorized by 
Sections 4(i), 5(c)(1), 302, and 303 of the Communications Act of 1934, 
as amended, 47 U.S.C. Secs. 154(i), 155(c)(1), 302, and 303.
    IV. Description, Potential Impact and Number of Small Entities 
Affected: The entities affected by this proposal are AM and FM radio 
and television station licensees and permittees seeking to effect minor 
modifications of facilities that have previously been authorized by the 
Commission. The total number of such licensees and permittees is nearly 
15,000. Because the Notice proposes provisions which allow for greater 
flexibility in operation, the option of whether or not to take 
advantage of the new rules rests with each licensee or permittee. There 
is no requirement that any licensee or permittee make any change as a 
result of these rule amendments. The number of licensees or permittees 
who might decide to modify their stations pursuant to these rule 
amendments is unknown, but under the present rules, approximately 150 
stations each year file applications that propose the types of 
facilities modifications that are the subject of these rule amendments.
    V. Recording, Record Keeping and Other Compliance Requirements: 
None.
    VI. Federal Rules which Overlap, Duplicate or Conflict with these 
Rules: None.
    VII. Any Significant Alternative Minimizing Impact on Small 
Entities and Consistent with the Stated Objectives: None.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Radio, Television.

47 CFR Part 73

    Radio broadcasting, Television broadcasting.

47 CFR Part 74

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-8595 Filed 4-5-96; 8:45 am]
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