[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)] [Proposed Rules] [Pages 33474-33476] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16395] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MM Docket No. 96-120, FCC 96-236] Grandfathered Short-Spaced FM Stations AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This Notice of Proposed Rule Making (NPRM) in MM Docket No. 96-120 seeks comment regarding various proposals to modify a current rule to permit certain short-spaced stations to make changes based on a showing that no interference is caused or received, or [[Page 33475]] if interference already exists, based on the total of such interference not being increased. The NPRM also proposes to permit certain stations short-spaced to a second-adjacent-channel or a third-adjacent-channel station to change transmitter location or other station facilities without regard to such short-spacing, and to eliminate the need to obtain agreements by grandfathered stations proposing increased facilities. The types of modifications that are proposed for this revised rule are expected to have no potential to increase interference to other stations. DATES: Initial comments are due July 22, 1996; reply comments are due August 5, 1996. Written comments by the public on the proposed and/or modified information collections are due July 22, 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 August 26, 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: James Bradshaw, Mass Media Bureau, Audio Services Division, (202) 418-2720, or via the Internet at [email protected]. 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. 96-120, adopted May 23, 1996, and released June 14, 1996. The complete text of this NPRM, which was adopted in MM Docket No. 96-120, 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 specifically dealing with modifications of commercial FM stations that became short-spaced in 1964, and have remained short-spaced since that time. The NPRM proposes to modify portions of Section 73 of the rules to lift restrictions which unnecessarily impede flexibility as to site selection for grandfathered stations and substitute the currently required interference showings in applications, which have proven ineffective, with showings that directly relate to the impact such modification proposals have on other stations and the public. 2. In the NPRM, the Commission proposes to change three aspects of the rule section dealing with grandfathered short-spaced stations. First, the Commission proposes use of predicted interference area analysis based on field strength protection ratios, instead of the current limitation based on the relative locations of the 1 mV/m (60 dBu) service contour of the short-spaced stations. Second, the Commission proposes to eliminate the second-adjacent-channel and third- adjacent-channel protection criteria for grandfathered short-spaced stations. Finally, the Commission proposes to eliminate the provision for agreements between grandfathered short-spaced stations. In this Notice, the Commission invites comments relating to possible modification of these rule sections. 3. In addition, in the NPRM, the Commission invites engineering firms and other parties with knowledge about grandfathered stations to assist in identifying grandfathered short-spaced stations so that these can be classified in the Commission's engineering database. 4. The proposed rules set forth in the NPRM would put the focus on more accurately evaluating and controlling interference. The proposed rules would also return some flexibility when stations with second- adjacent-channel or third-adjacent-channel grandfathered short-spacings proposed modifications. And for stations with co-channel or first- adjacent-channel grandfathered short-spacings, the proposed rules would allow a more accurate determination of predicted interference. In addition, the proposed rules would eliminate the Commission's policy regarding agreements between grandfathered stations. Initial Paperwork Reduction Act of 1995 Analysis The Federal Communications, 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, Public Law 104-13. 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 Commissions 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. OMB Control Number: None. Title: NPRM: Grandfathered Short-Spaced FM Stations. Form Number: 301/340. Type of Review: New collection. Affected Public: Business or other for-profit, not-for-profit institutions. Number of Respondents: 15 FM broadcast licensees. Estimated time per response: 5 hours per showing (0.5 hours consultation time/4.5 hours contracting time). Annual Burden: 7 hours. Needs and Uses: This NPRM proposes to eliminate unnecessary regulations and streamline the current method of modifying pre-1964 grandfathered short-spaced FM stations. This NPRM is seeking comment on a proposal to lift restrictions which unnecessarily impede flexibility as to site selection for grandfathered stations and substitute the currently required interference showings in applications with showings that directly relate to the impact such modification proposals have on other stations and the public. The data are used by Commission staff to determine if the public interest will be served and that existing levels of interference will not be increased to other stations. 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 IRFA. These comments must be filed in accordance with the same filing deadlines as comments on the rest of the [[Page 33476]] 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. 601, et seq. (1980). I. Reason for Action: This proposed action is necessary to provide more flexibility for grandfathered short-spaced FM broadcast stations to effectuate minor modifications of their facilities. 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 provide grandfathered short-spaced FM station licensees better defined standards for modifying their current facilities and 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. 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 pre-1964 grandfathered short-spaced FM radio station licensees seeking to effect minor modifications of facilities that have previously been authorized by the Commission. The total number of such licensees is approximately 400. Because the NPRM 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. There is no requirement that any licensee make any change as a result of these rule amendments. The number of licensees who might decide to modify their stations pursuant to these rule amendments is unknown, but under the present rules, approximately 15 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 in 47 CFR Part 73 Radio broadcasting, Television broadcasting. Federal Communications Commission. William F. Caton, Acting Secretary. [FR Doc. 96-16395 Filed 6-26-96; 8:45 am] BILLING CODE 6712-01-P