[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Notices]
[Pages 50668-50669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24117]



  Federal Register / Vol. 64, No. 180 / Friday, September 17, 1999 / 
Notices  

[[Page 50668]]



FEDERAL COMMUNICATIONS COMMISSION

[MM Docket Nos. 91-221 & 87-8; FCC 99-240]


Comment Sought on Processing Order for Applications Filed 
Pursuant to the Commission's New Local Broadcast Ownership Rules

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document seeks comment on how to resolve conflicts 
resulting from two or more applications being filed on the same day 
relating to stations in the same market pursuant to new rules adopted 
August 5, 1999, in the local broadcast ownership proceeding.\1\

    \1\ Report and Order in MM Docket Nos. 91-221 & 87-8, FCC 99-209 
(``Local Ownership Order''), published elsewhere in this separate 
part.
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COMMENTS: Comments must be filed on or before October 4, 1999. Reply 
comments must be filed on or before October 12, 1999.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW, Room 
TW-A306, 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 Vicky Phillips, Chief, Legal 
Branch, Policy and Rules Division, Mass Media Bureau, Federal 
Communications Commission, 445 12th Street, SW, Washington, DC 20554. 
Alternatively, comments may also be filed by using the Commission's 
Electronic Comment Filing System (ECFS), via the Internet to http://
www.fcc.gov.e-file/ecfs.html.

FOR FURTHER INFORMATION CONTACT: Vicky Phillips, Policy and Rules 
Division, Mass Media Bureau (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, FCC 99-240, adopted September 8, 1999 and released September 9, 
1999. The full text of this Commission Public Notice is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12 St. S.W., Washington, D.C. The 
complete text of this Notice may also be purchased from the 
Commission's copy contractor, International Transcription Services 2100 
M Street, N.W., Suite 140, Washington, D.C. 20037, (202) 857-3800. It 
is also available on the Commission's web page at www.fcc.gov/Bureaus/
Mass__Media/Public__Notices/fcc99240.txt.

Synopsis of the Public Notice

    1. By this Public Notice, the Commission requests supplemental 
comment in MM Docket Numbers 91-221 and 87-8 on procedures for 
processing applications filed pursuant to the Local Ownership Order 
adopted in the local broadcast ownership proceeding on August 5, 
1999.2 In that order, we stated that ``[a]pplications filed 
pursuant to this Report and Order will not be accepted by the 
Commission until the effective date'' of the order, which will be sixty 
days after publication in the Federal Register.3 We also 
said: ``We realize that the rules adopted in this Report and Order 
could result in two or more applications being filed on the same day 
relating to stations in the same market and that due to the voice count 
all applications might not be able to be granted. We will address how 
to resolve such conflicts in a subsequent action.'' 4 This 
Notice seeks comment on how to resolve such conflicts.
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    \2\ Id.
    \3\ Id. at Paras. 150, 155.
    \4\ Id. at ] 150.
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    2. Ordinarily, we would process these applications in the order in 
which they are filed. Generally, however, we treat broadcast 
applications filed on the same day as being filed simultaneously, 
regardless of the time of filing. Under the Commission's new local 
ownership rules, as we noted in the Local Ownership Order, we 
anticipate that applications for transfer or assignment might be filed 
on the same day relating to stations in the same market that will not 
all be able to be granted due to the voice counts that apply to the 
local ownership rules. The order in which the applications are 
processed would thus be determinative in these situations. Similar 
issues could arise in the radio-television cross ownership rule 
context, in situations in which grant of one application will bring the 
voice count down to ten or twenty, such that certain other applications 
relying on the minimum voice count for compliance with the rule could 
not be granted.
    3. We believe that the most prudent, easy to administer, and fair 
method for determining the order in which applications filed on the 
same day will be processed is by random selection. Under this 
procedure, each potentially conflicting applicant in a market would be 
assigned a random number which would be determined by use of one or 
more forced-air blowers each containing numbered ping-pong balls. The 
applications would then be processed in ascending order based upon 
their randomly assigned numbers.
    4. We thus seek comment on the use of random selection to determine 
processing order, as well as on any alternatives, such as auctions or 
first-come, first-served, that are both fair and easy to administer. We 
also seek comment on when the lotteries, if they are implemented, 
should be held relative to the filing of applications.
    5. Because of timing concerns, we also anticipate that the rules 
adopted will be made effective upon publication in the Federal 
Register.5 We seek comment on these issues.
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    \5\ See 5 U.S.C. 553(d)(3) (exception to 30-day effective date 
period for good cause).
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    6. Filing of Comments and Reply Comments. Pursuant to Secs. 1.415 
and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments on or before October 4, 1999. Reply comments 
must be filed on or before October 12, 1999. Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS) or by 
filing paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (May 1, 1998).
    7. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To get filing instructions for e-mail comments, 
commenters should send an e-mail to [email protected], and should include 
the following words in the body of the message, ``get form .'' A sample form and directions will be sent in reply.
    8. Parties who choose to file by paper must file an original and 
four copies of each filing. All filings must be sent to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
TW-A306, Federal Communications Commission, 445 12th Street, S.W., 
Washington, D.C. 20554. The Mass Media Bureau contacts for this 
proceeding is Vicky Phillips at (202) 418-2120.
    9. Comments and reply comments will be available for public 
inspection during regular business hours in the FCC Reference Center 
(Room CY-A257) 445 12th Street, S.W., Washington, D.C. 20554.


[[Page 50669]]


Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-24117 Filed 9-16-99; 8:45 am]
BILLING CODE 6712-01-P