[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Proposed Rules]
[Pages 52756-52757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25450]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 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: Proposed rule.
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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 in the
local broadcast ownership proceeding. The intended effect is to
determine a sufficient and fair method in determining the order in
which applications filed on the same day will be processed.
DATES: 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 Vicki Phillips, Chief, Legal
Branch, Policy and Rules Division, Mass Media Bureau. 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: Vicki Phillips, (202) 418-2120, Policy
and Rules Division, Mass Media Bureau.
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 the Commission's Public Notice is available for
inspection and copying during normal business hours in the FCC Docket
Branch (Room TW-A306), 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 (202) 857-3800, 1231
20th St., N.W., Washington, D.C. 20036. It is also available on the
Commission's web page at www.fcc.gov/Bureaus/Mass__Media/
Public__Notices/fcc99240.txt. This Proposed Rule is being republished
because it was inadvertently published under the ``Notices'' rather
than the
[[Page 52757]]
``Proposed Rules'' section in the Federal Register, (64 FR 50668,
September 17, 1999). The dates for filing comments and replies have not
changed.
Synopsis of the Proposed 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
(64 FR 50651, September 17, 1999). In that Order, we stated that
``[a]applications 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. 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.'' This Notice seeks
comment on how to resolve such conflicts.
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
(see 5 U.S.C. 553(d)(3) (exception to 30-day effective date period for
good cause).
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 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 contact for this
proceeding is Vicki 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, N.W., Washington, D.C. 20554.
List of Subjects in 47 CFR Part 73
Television broadcasting.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-25450 Filed 9-29-99; 8:45 am]
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