[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28766-28768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14239]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[FCC 96-218]


Implementation of Section 403(l) of the Telecommunications Act of 
1996 (Silent Station Authorizations)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission is implementing Section 403(l) of the 
Telecommunications Act of 1996, which provides for the accelerated 
expiration of broadcast station licenses upon a broadcast station's 
failure to broadcast for 12 consecutive months. The action is necessary 
in order to conform the Commission's rules to section 403(l) of the 
Telecommunications Act, and the intended effect of the action is to 
conform the rules to those statutory provisions.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Mass Media Bureau, 
Audio Services Division (202) 418-2780.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order 
(In the Matter of Implementation of section 403(l) of the 
Telecommunications Act of 1996 (Silent Station Authorizations)), 
adopted May 14, 1996, and released May 17, 1996. The complete text of 
this Order is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room 239), 1919 M Street, 
NW, Washington, DC, and also may be purchased from the Commission's 
copy contractor, International Transcription Service, (202) 857-3800, 
2100 M Street, NW, Suite 140, Washington, DC 20037.

Synopsis of Order

    1. This Order implements section 403(l) of the Telecommunications 
Act of 1996 (``Telecom Act'') [Pub. L. No. 104-104, 110 Stat. 56 
(1996)], which adopts a new section 312(g) of the Communications Act 
providing for accelerated expiration of broadcast station licenses upon 
failure to broadcast for 12 consectuive months.
    2. New Section 312(g) states:

    If a broadcasting station fails to transmit broadcast signals 
for any consecutive 12-month period, then the station license 
granted for the operation of that broadcast station expires at the 
end of that period, notwithstanding any provision, term, or 
condition of the license to the contrary.
47 U.S.C. 312(g).

    3. The Order provides that the first date of such license 
expiration will be February 9, 1997. The following broadcast stations 
will be affected: Commercial and noncommercial AM, FM, and TV stations, 
International Broadcast Stations, Low Power Television Stations, FM and 
TV Translator and Booster stations, broadcast experimental stations, 
and other classes of broadcast stations that may be established in the 
future. With the expiration of any AM, FM, or TV broadcasting station 
license, the licensee's associated remote pickup and auxiliary stations 
authorized in connection with the operation of the broadcast station 
would also necessarily expire. A station's other FCC applications and 
authorizations will not toll or extend the 12-month period, 
notwithstanding any provision in any authorization to the contrary.
    4. Administrative Matters. We are revising the rules as detailed 
below without providing prior notice and an opportunity for comment. We 
find that notice and comment procedures are unnecessary, and that this 
action therefore falls within the ``good cause'' exception of the 
Administrative Procedure Act (``APA''). See 5 U.S.C. 553(b)(B) (notice 
requirements inapplicable ``when the agency for good cause * * * finds 
that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest''). We further find for 
the same reasons that good cause exists to make the rule changes 
adopted herein effective upon publication of this Order in the Federal 
Register. See id. at section 553(d)(3). The rule changes adopted in 
this Order do not involve discretionary action by the Commission. 
Rather, they simply codify provisions of the Telecom Act.
    5. Effective Dates. The rules adopted in the Order will become 
effective upon publication in the Federal Register. The ``clock'' for 
periods of continued silence triggering automatic expiration began to 
run on the date of enactment of the Telecom Act (February 8, 1996). The 
first date of accelerated license

[[Page 28767]]

expiration will be 12 months later, on February 9, 1997.
    6. Ordering Clause. Accordingly, it is ordered that, pursuant to 
section 403(l) of the Telecommunications Act of 1996, codified as 
section 312(g) of the Communications Act of 1934, as amended, 47 U.S.C. 
section 312(g), parts 73 and 74 of the Commission's rules, 47 CFR part 
73 and part 74 are amended as set forth below. We find good cause to 
make these rule changes effective less than 30 days after publication 
in the Federal Register. These changes merely modify the Commission's 
rules to conform with provisions of the 1996 Act that have already 
taken effect.

List of Subjects

47 CFR Part 73

    Radio broadcasting, Television broadcasting.

47 CFR Part 74

    Radio broadcasting, Television broadcasting.

Federal Communications Commission

LaVera F. Marshall,
Acting Secretary.

Rule Changes

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

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

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

    2. Section 73.561 is amended by adding a last sentence to paragraph 
(d) to read as follows:


Sec. 73.561  Operating schedule; time sharing.

* * * * *
    (d) * * * The license of a broadcasting station that fails to 
transmit broadcast signals for any consecutive 12-month period expires 
as a matter of law at the end of that period, notwithstanding any 
provision, term, or condition of the license to the contrary.
* * * * *
    3. Section 73.733 is revised to read as follows:


Sec. 73.733  Normal license period.

    All international broadcasting station licenses will be issued so 
as to expire at the hour of 3 a.m. local time and will be issued for a 
normal license period of 7 years expiring November 1. However, the 
license of a broadcasting station that fails to transmit broadcast 
signals for any consecutive 12-month period expires as a matter of law 
at the end of that period, notwithstanding any provision, term, or 
condition of the license to the contrary.
    4. Section 73.761 is amended by adding a last sentence to paragraph 
(c) to read as follows:


Sec. 73.761  Time of operation.

* * * * *
    (c) * * * The license of a broadcasting station that fails to 
transmit broadcast signals for any consecutive 12-month period expires 
as a matter of law at the end of that period, notwithstanding any 
provision, term, or condition of the license to the contrary.
    5. Section 73.1020 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 73.1020  Station license period.

* * * * *
    (c) The license of a broadcasting station that fails to transmit 
broadcast signals for any consecutive 12-month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license to the contrary.
    6. Section 73.1615 is amended by adding a new paragraph (c)(2) to 
read as follows:


Sec. 73.1615  Operation during modification of facilities.

* * * * *
    (c) * * *
    (2) The license of a broadcasting station that fails to transmit 
broadcast signals for any consecutive 12-month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license or construction permit to the 
contrary.
* * * * *
    7. Section 73.1635 is amended by adding a last sentence to 
paragraph (a)(4) to read as follows:


Sec. 73.1635   Special temporary authorizations (STA).

    (a) * * *
    (4) * * * The license of a broadcasting station that fails to 
transmit broadcast signals for any consecutive 12-month period expires 
as a matter of law at the end of that period, notwithstanding any STA 
or provision, term, or condition of the license to the contrary.
* * * * *
    8. Section 73.1740 is amended by adding a new paragraph (c) to read 
as follows:


Sec. 73.1740  Minimum operating schedule.

* * * * *
    (c) The license of any broadcasting station that fails to transmit 
broadcast signals for any consecutive 12-month period expires as a 
matter of law at the end of that period, notwithstanding any provision, 
term, or condition of the license to the contrary.
    9. Section 73.1750 is amended by adding a last sentence to read as 
follows:


Sec. 73.1750  Discontinuance of operation.

    * * * The license of any broadcasting station that fails to 
transmit broadcast signals for any consecutive 12-month period expires 
as a matter of law at the end of that period, notwithstanding any 
provision, term, or condition of the license to the contrary.

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

    10. The authority citation for Part 74 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 554.

    11. Section 74.15 is amended by adding a new paragraph (g) to read 
as follows:


Sec. 74.15  Station license period.

* * * * *
    (g) The license of an experimental broadcast station, FM translator 
or FM broadcast booster, TV translator or TV broadcast booster, or low 
power TV station will expire as a matter of law upon failure to 
transmit broadcast signals for any consecutive 12-month period 
notwithstanding any provision, term, or condition of the license to the 
contrary. Further, if the license of any AM, FM, or TV broadcasting 
station licensed under part 73 of this chapter expires for failure to 
transmit signals for any consecutive 12-month period, the licensee's 
authorizations under part 74, subparts D, E, F, and H in connection 
with the operation of that AM, FM, or TV broadcasting station will also 
expire notwithstanding any provision, term, or condition to the 
contrary.
* * * * *
    12. Section 74.112 is amended by revising paragraph (e) to read as 
follows:


Sec. 74.112  Supplementary statement with application for construction 
permit.

* * * * *
    (e) That any authorization issued pursuant to the application may 
be cancelled at any time without notice or hearing, and will expire as 
a matter of law if the station fails to transmit broadcast signals for 
any consecutive 12-month period, notwithstanding any provision, term, 
or condition of the license to the contrary.
* * * * *

[[Page 28768]]

    13. Section 74.763 is amended by revising paragraph (c) to read as 
follows:


Sec. 74.763  Time of operation.

* * * * *
    (c) Failure of a low power TV, TV translator, or TV booster station 
to operate for a period of 30 days or more, except for causes beyond 
the control of the licensee, shall be deemed evidence of 
discontinuation of operation and the license of the station may be 
cancelled at the discretion of the FCC. Furthermore, the station's 
license will expire as a matter of law, without regard to any causes 
beyond control of the licensee, if the station fails to transmit 
broadcast signals for any consecutive 12-month period, notwithstanding 
any provision, term, or condition of the license to the contrary.
* * * * *
    14. Section 74.1263 is amended by revising paragraph (e) to read as 
follows:


Sec. 74.1263  Time of operation.

* * * * *
    (e) Failure of an FM translator or booster station to operate for a 
period of 30 or more consecutive days, except for causes beyond the 
control of the licensee or authorized pursuant to paragraph (c) of this 
section, shall be deemed evidence of discontinuation of operation and 
the license of the station may be cancelled at the discretion of the 
Commission. Furthermore, the station's license will expire as a matter 
of law, without regard to any causes beyond control of the licensee or 
to any authorization pursuant to paragraph (c) of this section, if the 
station fails to transmit broadcast signals for any consecutive 12-
month period, notwithstanding any provision, term, or condition of the 
license to the contrary.

[FR Doc. 96-14239 Filed 6-05-96; 8:45 am]
BILLING CODE 6712-01-P