[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Proposed Rules]
[Pages 38357-38360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18887]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR PARTS 73 and 74

[MM Docket No. 98-98; FCC 98-130]


Call Sign Assignments for Broadcast Stations

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this Notice of Proposed Rulemaking (NPRM), the Federal 
Communications Commission proposes to modify its practices and 
procedures regarding the assignment of call signs for radio and 
television broadcast stations. Pursuant to these proposals, the 
Commission's existing manual procedures will be replaced by an on-line 
system for the electronic preparation and submission of requests for 
the reservation and authorization of new and modified call signs.

DATES: Comments are due on or before August 17, 1998, and reply 
comments are due on or before August 31, 1998. Written comments by the 
public on the proposed information collections are due August 17, 1998.

ADDRESSES: Comments and reply comments should be sent to the Office of 
the Secretary, Federal Communications Commission, 1919 M Street, N.W., 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Judy Boley, 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, 10236 NEOB, 725-17th Street, N.W., Washington DC 
20503, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: James J. Brown or Jerianne Timmerman 
at (202) 418-1600. For additional information concerning the 
information collections contained in this NPRM contact Judy Boley at 
(202) 418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:

Synopsis of Notice of Proposed Rulemaking

    In this Notice of Proposed Rulemaking (NPRM), the Federal 
Communications Commission is proposing to modify its practices and 
procedures regarding the assignment of call signs to radio and 
television broadcast stations. Pursuant to this proposal, the 
Commission's existing manual procedures will be replaced by an on-line 
system for the electronic preparation and submission of requests for 
the reservation and authorization of new and modified call signs. 
Because the Commission believes that the new electronic call sign 
reservation and authorization system will significantly improve service 
to all radio and television broadcast station licensees and permittees, 
the NPRM requests

[[Page 38358]]

comment on whether licensees and permittees should be required to 
utilize the system to make call sign requests. However, as the 
Commission is sensitive to the possible inconveniences that mandatory 
use of the new electronic system could impose on certain licensees and 
permittees, the NPRM also seeks comment on whether use of the on-line 
system should be permissive, rather than mandatory, for certain 
licensees and permittees, or whether, if mandatory, the Commission 
should phase in such a requirement. The complete text of this NPRM is 
available for inspection and copying during normal business hours in 
the Federal Communications Commission Reference Center (Room 239), 1919 
M Street, N.W., Washington, D.C., and it may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800.

Paperwork Reduction Act

    This NPRM contains proposed information collections subject to the 
Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. It has 
been submitted to the Office of Management and Budget (OMB) for review 
under section 3507(d) of the PRA. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites OMB, the general 
public and other Federal agencies to comment on the proposed 
information collections contained in this NPRM, as required by the PRA. 
Public and agency comments are due at the same time as other comments 
on this NPRM; OMB comments are due 60 days from date of publication of 
this NPRM in the Federal Register. Comments should address: (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.
    OMB Approval Number: 3060-0188.
    Title: Call Sign Reservation and Authorization System.
    Form No.: FCC 380.
    Type of Review: Revision of a currently approved collection.
    Respondents: Businesses or other for-profit, Not-for-profit 
institutions, state, local or tribal government.
    Number of Respondents: 1,400.
    Estimated Time Per Response: 0.166 hours-0.25 hours.
    Frequency of Response: On occasion reporting requirement.
    Cost to Respondents: $108,500 (attorney fees).
    Total Annual Burden: 291.
    Needs and Uses: With the adoption of this NPRM, the Commission is 
proposing to modify its practices and procedures with regard to the 
assignment of call signs to radio and television broadcast stations by 
implementing an on-line call sign reservation and authorization system. 
The call sign reservation and authorization system would be used by 
permittees, licensees or persons acting on their behalf to determine 
the availability of a call sign and to request an initial call sign or 
change an existing call sign.

Initial Regulatory Flexibility Act Analysis

    1. As required by the Regulatory Flexibility Act (RFA) (see 5 
U.S.C. 603), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on small entities by the policies and rules proposed in 
this NPRM. Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments of the NPRM. The Office of Public Affairs, 
Reference Operations Division will send a copy of the NPRM, including 
this IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. See 5 U.S.C. 603(a).
    2. Need For and Objectives of the Proposed Rules. With this NPRM, 
the Commission commences a proceeding to modify its procedures 
regarding the assignment of call signs for radio and television 
broadcast stations. By replacing its existing manual procedures with a 
new on-line system for the electronic preparation and submission of 
requests for new and modified call signs, the Commission will enhance 
the speed and certitude of radio and television broadcast station call 
sign assignments, while at the same time conserving Commission 
resources. The proposed implementation of the on-line call sign system 
will serve the Commission's goals of improving service to all broadcast 
stations licensees and permittees and maximizing efficiency in the use 
of Commission resources. This review is taken in conjunction with the 
Commission's 1998 biennial regulatory review. Although Congress did not 
mandate this area of review, the Commission nonetheless undertakes it 
to assure that its rules and processes are no more regulatory than 
necessary to achieve Commission goals.
    3. Legal Basis. Authority for the actions proposed in this NPRM may 
be found in sections 4(i), 4(j) and 303 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 154(j) and 303.
    4. Description and Estimate of the Number of Small Entities to 
Which the Proposed Rules Will Apply. Under the RFA, small entities may 
include small organizations, small businesses, and small governmental 
jurisdictions. 5 U.S.C. 601(6). The RFA, 5 U.S.C. 601(3), generally 
defines the term ``small business'' as having the same meaning as the 
term ``small business concern'' under the Small Business Act, 15 U.S.C. 
632. A small business concern is one which: (1) is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). Pursuant to 5 U.S.C. 601(3), the statutory 
definition of a small business applies ``unless an agency after 
consultation with the Office of Advocacy of the SBA and after 
opportunity for public comment, establishes one or more definitions of 
such term which are appropriate to the activities of the agency and 
publishes such definition(s) in the Federal Register.'' 1
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    \1\  We tentatively believe that the SBA's definition of ``small 
business'' greatly overstates the number of radio and television 
broadcast stations that are small businesses and is not suitable for 
purposes of determining the impact of the proposals in this NPRM on 
small television and radio stations. For purposes of this NPRM, 
however, we will utilize the SBA's definition in determining the 
number of small businesses to which the proposed rules would apply. 
We reserve the right to adopt a more suitable definition of ``small 
business'' as applied to radio and television broadcast stations 
subject to the proposed rules in this NPRM, and to consider further 
in the future the issue of the number of radio and television 
broadcasters that are small entities.
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    5. The proposed rules and policies will apply to television 
broadcasting licensees and permittees and radio broadcasting licensees 
and permittees. The Small Business Administration defines a television 
broadcasting station that has no more than $10.5 million in annual 
receipts as a small business. Television broadcasting stations consist 
of establishments primarily engaged in broadcasting visual programs by 
television to the public, except cable and other pay television 
services.

[[Page 38359]]

Included in this industry are commercial, religious, educational, and 
other television stations. Also included are establishments primarily 
engaged in television broadcasting and which produce taped television 
program materials. Separate establishments primarily engaged in 
producing taped television program materials are classified under 
another SIC number. There were 1,509 television stations operating in 
the nation in 1992. That number has remained fairly steady as indicated 
by the approximately 1,569 operating television stations in the nation 
as of January 31, 1998. For 1992, the number of television stations 
that produced less than $10.0 million in revenue was 1,155 
establishments.
    6. Additionally, the Small Business Administration defines a radio 
broadcasting station that has no more than $5 million in annual 
receipts as a small business. A radio broadcasting station is an 
establishment primarily engaged in broadcasting aural programs by radio 
to the public. Included in this industry are commercial, religious, 
educational, and other radio stations. Radio broadcasting stations that 
primarily are engaged in radio broadcasting and that produce radio 
program materials are similarly included. However, radio stations that 
are separate establishments and are primarily engaged in producing 
radio program material are classified under another SIC number. The 
1992 Census indicates that 96% (5,861 of 6,127) radio station 
establishments produced less than $5 million in revenue in 1992. 
Official Commission records indicate that 11,334 individual radio 
stations were operating in 1992. As of January 31, 1998, official 
Commission records indicate that 12,241 radio stations were operating, 
of which 7,488 were FM stations.
    7. Thus, the proposed rules will affect many of the approximately 
1,569 television stations, approximately 1,208 of which are considered 
small businesses. Additionally, the proposed rules will affect some of 
the 12,241 radio stations, approximately 11,751 of which are small 
businesses. These estimates may overstate the number of small entities 
since the revenue figures on which they are based do not include or 
aggregate revenues from non-television or non-radio affiliated 
companies.
    8. Description of Projected Recording, Recordkeeping, and Other 
Compliance Requirements. The measures proposed in the NPRM would reduce 
the burdens on broadcast station licensees and permittees applying for 
or requesting a change in their station call signs. The proposal to 
replace the current manual call sign assignment process with an 
entirely electronic system would reduce the overall administrative 
burden upon both broadcast licensees and the Commission. Given the 
expected benefits of the new electronic system, we seek comment on 
whether to require all broadcast licensees and permittees to utilize 
the system to make call sign requests, and also seek comment as to 
whether to do so on a phased-in basis. We note that such a phased-in 
procedure has been used elsewhere with regard to electronic filing of 
applications so as to benefit small businesses. We believe that 
utilization of the new on-line system will, among other things, 
increase the speed and certitude of the call sign assignment process, 
conserve Commission resources, and aid licensees and permittees by 
informing them of errors in their call sign requests before they are 
actually sent. The measures proposed in the NPRM do not alter the 
Commission's current rules and policies regarding call signs (such as 
what constitutes a valid call sign), but modify the procedures by which 
call signs are assigned.
    9. Steps Taken to Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered. This NPRM solicits 
comments regarding the implementation of the Mass Media Bureau's new 
on-line call sign reservation system. Given the expected benefits of 
the new electronic system for both broadcast station licensees and the 
Commission, we seek comment on whether all broadcast licensees and 
permittees should be required to utilize the system for reserving call 
signs. We also ask for comment on other alternatives, including 
exempting certain licensees and permittees (such as small entities) 
from a requirement to use the electronic system or providing for a 
phase-in period before mandating use of the new system. Any significant 
alternatives presented in the comments will be considered.
    10. Federal Rules that Overlap, Duplicate, or Conflict with the 
Proposed Rules. The initiatives and proposed rules raised in this 
proceeding do not overlap, duplicate or conflict with any other rules.
    11. Comments and Reply Comments. Pursuant to applicable procedures 
set forth in sections 1.415 and 1.419 of the Commission's Rules, 47 CFR 
1.415 and 1.419, interested parties may file comments on or before 
August 17, 1998 and reply comments on or before August 31, 1998. To 
file formally in this proceeding, you must file an original plus six 
copies of all comments, reply comments, and supporting comments. If you 
want each Commissioner to receive a personal copy of your comments, you 
must file an original plus eleven copies. You should send comments and 
reply comments to the Office of the Secretary, Federal Communications 
Commission, 1919 M Street, N.W., Washington, DC 20554. Comments and 
reply comments will be available for public inspection during regular 
business hours in the FCC Reference Center (Room 239), 1919 M Street, 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Judy Boley, 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, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC 
20503 or via the Internet to [email protected].
    12. Ex parte Rules. This proceeding will be treated as a ``permit-
but-disclose'' proceeding subject to the ``permit-but-disclose'' 
requirements under section 1.1206(b) of the rules. See 47 CFR 
1.1206(b), as revised. Ex parte presentations are permissible if 
disclosed in accordance with the Commission's rules, except during the 
Sunshine Agenda period when presentations, ex parte or otherwise, are 
generally prohibited. Persons making oral ex parte presentations are 
reminded that a memorandum summarizing a presentation must contain a 
summary of the substance of the presentation and not merely a listing 
of the subjects discussed. More than a one or two-sentence description 
of the views and arguments presented is generally required. See 47 CFR 
1.1206(b)(2), as revised. Additional rules pertaining to oral and 
written presentations are set forth in section 1.1206(b).
    13. Authority for issuance of this NPRM contained in sections 4(i), 
4(j) and 303 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j) and 303.

List of Subjects in 47 CFR parts 73 and 74

    Radio broadcasting, Reporting and recordkeeping requirements, 
Television broadcasting.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, parts 73 and 74 of Title 
47 of

[[Page 38360]]

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, and 336.

    2. Section 73.3550 is revised to read as follows:


Sec. 73.3550  Requests for new or modified call sign assignments.

    (a) All requests for new or modified call sign assignments for 
radio and television broadcast stations shall be made via the FCC's on-
line call sign reservation and authorization system accessible through 
the Internet's World Wide Web by specifying http://www.fcc.gov. 
Licensees and permittees may utilize this on-line system to determine 
the availability and licensing status of any call sign; to select an 
initial call sign for a new station; to change a station's currently 
assigned call sign; to modify an existing call sign by adding or 
deleting an ``-FM'' or ``-TV'' suffix; to exchange call signs with 
another licensee or permittee in the same service; or to reserve a 
different call sign for a station being transferred or assigned.
    (b) No request for an initial call sign assignment will be accepted 
from a permittee for a new radio or full-service television station 
until the FCC has granted a construction permit. Each such permittee 
shall request the assignment of its station's initial call sign 
expeditiously following the grant of its construction permit. All 
initial construction permits for low power TV stations will be issued 
with a five-character low power TV call sign, in accordance with 
Sec. 74.783(d).
    (c) Following the filing of a transfer or assignment application, 
the proposed assignee/transferee may request a new call sign for the 
station whose license or construction permit is being transferred or 
assigned. No change in call sign assignment will be effective until 
such transfer or assignment application is granted by the FCC and 
notification of consummation of the transaction is received by the FCC.
    (d) Where an application is granted by the FCC for transfer or 
assignment of the construction permit or license of a station whose 
existing call sign conforms to that of a commonly-owned station not 
part of the transaction, the new licensee of the transferred or 
assigned station shall expeditiously request a different call sign, 
unless consent to retain the conforming call sign has been obtained 
from the primary holder and from the licensee of any other station that 
may be using such conforming call sign.
    (e) Call signs beginning with the letter ``K'' will not be assigned 
to stations located east of the Mississippi River, nor will call signs 
beginning with the letter ``W'' be assigned to stations located west of 
the Mississippi River.
    (f) Only four-letter call signs (plus an LP suffix or FM or TV 
suffixes, if used) will be assigned.
    However, subject to the other provisions of this section, a call 
sign of a station may be conformed to a commonly owned station holding 
a three-letter call sign assignment (plus FM, TV or LP suffixes, if 
used).
    (g) Subject to the foregoing limitations, applicants may request 
call signs of their choice if the combination is available. Objections 
to the assignment of requested call signs will not be entertained at 
the FCC. However, this does not hamper any party from asserting such 
rights as it may have under private law in some other forum. Should it 
be determined by an appropriate forum that a station should not utilize 
a particular call sign, the initial assignment of a call sign will not 
serve as a bar to the making of a different assignment.
    (h) Stations in different broadcast services (or operating jointly 
in the 535-1605 kHz band and in the 1605-1705 kHz band) which are under 
common control may request that their call signs be conformed by the 
assignment of the same basic call sign if that call sign is not being 
used by a non-commonly owned station. For the purposes of this 
paragraph, 50% or greater common ownership shall constitute a prima 
facie showing of common control.
    (i) The provisions of this section shall not apply to International 
broadcast stations or to stations authorized under Part 74 of the rules 
(except as provided in Sec. 74.783 of this chapter).
    (j) A change in call sign assignment will be made effective on the 
date specified in the postcard acknowledging the assignment of the 
requested new call sign and authorizing the change. Unless the 
requested change in call sign assignment is subject to a pending 
transfer or assignment application, the requester is required to 
include in its on-line call sign request a specific effective date to 
take place within 45 days of the submission of its electronic call sign 
request. Postponement of the effective date will be granted only in 
response to a timely request and for only the most compelling reasons.
    (k) Four-letter combinations commencing with ``W'' or ``K'' which 
are assigned as call signs to ships or to other radio services are not 
available for assignment to broadcast stations, with or without the ``-
FM'' or ``-TV'' suffix.
    (l) Users of nonlicensed, low-power devices operating under Part 15 
of the FCC rules may use whatever identification is currently desired, 
so long as propriety is observed and no confusion results with a 
station for which the FCC issues a license.
    (m) Where a requested call sign, without the ``-FM,'' ``-TV'' or 
``-LP'' suffix, would conform to the call sign of any other non-
commonly owned station(s) operating in a different service, an 
applicant utilizing the on-line reservation and authorization system 
will be required to certify that consent to use the secondary call sign 
has been obtained from the holder of the primary call sign.

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

    3. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, and 554.

    4. Section 74.783 is amended by revising paragraph (e) to read as 
follows:


Sec. 74.783  Station identification.

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    (e) Low power TV permittees or licensees may request that they be 
assigned four-letter call signs in lieu of the five-character alpha-
numeric call signs described in paragraph (d) of this section. Parties 
requesting four-letter call signs are to follow the procedures 
delineated in Sec. 73.3550. Such four-letter call signs shall begin 
with K or W; stations west of the Mississippi River will be assigned an 
initial letter K and stations east of the Mississippi River will be 
assigned an initial letter W. The four-letter call sign will be 
followed by the suffix ``-LP.''
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[FR Doc. 98-18887 Filed 7-15-98; 8:45 am]
BILLING CODE 6712-01-P