[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 47039-47040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16457]


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FEDERAL COMMUNICATIONS COMMISSION

[FCC 07-145; MM Docket No. 95-31]


FCC Seeks Comment on Proposed Application Limit for NCE FM New 
Station Applications in October 12-October 19, 2007 Window

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Commission seeks comment on a proposed application limit 
in the noncommercial educational FM broadcast application filing window 
scheduled for October 12-October 19, 2007. The purpose of the proposed 
limit is to deter speculation and permit the expeditious processing of 
applications filed in the window. The Commission tentatively concludes 
that an appropriate limit for any party is an attributable interest in 
no more than ten applications for new noncommercial educational FM 
broadcast stations filed in the window, excluding major modification 
applications and pending applications.

DATES: Comments are due September 6, 2007. Reply comments are due 
September 17, 2007. 47 CFR 1.4(b)(1) governs the calculation of such 
filing dates.

ADDRESSES: Mail comments and reply comments to the Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554, 
with a copy to the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, 202-418-2785.

SUPPLEMENTARY INFORMATION:
    Electronic Access and Filing Addresses. Comments may be filed 
electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking

[[Page 47040]]

Portal: http://www.regulations.gov. For ECFS filers, in completing the 
transmittal screen, filers should include their full name, U.S. Postal 
service mailing address, and the applicable docket number: MM Docket 
No. 95-31. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions, filers should send an e-mail to 
[email protected], and include the following words in the body of the 
message: ``get form''. A sample form and instructions will be sent in 
response.
    Statement of Legal Authority. The Commission's legal authority for 
limiting the number of applications a party may file during a broadcast 
filing window is found in 47 U.S.C. 151, 152(a), 154(i) and (j), 301, 
303(g) and (r), 308(b), and 309(j).
    Ex Parte Restrictions. This proceeding has been designated ``permit 
but disclose'' for purposes of the Commission's ex parte rules, 47 CFR 
1.1200-1.1216. Ex parte presentations will be governed by the 
procedures set forth in 47 CFR 1.1206 applicable to non-restricted 
proceedings.
    Regulatory Flexibility Act. Although we are not proposing a rule 
change, we have prepared an Initial Regulatory Flexibility Analysis 
(``IRFA'') which is set forth in the Appendix to the Public Notice. 
Written public comments are requested on the IRFA. These comments must 
be filed in accordance with the same filing procedures and deadlines 
for comments on the proposed application limit, and should have a 
separate and distinct heading designating them as responses to the 
IRFA. The Commission will send a copy of the Public Notice, including 
this IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (``SBA''). See 5 U.S.C. 603(a). In addition, the Public 
Notice and the IRFA (or summaries thereof) [are here] published in the 
Federal Register. See id.

A. Need for, and Objectives of, the Proposed Limit

    The Commission has determined that, absent a limit on the number of 
applications that a party may file in the filing window described in 
the Public Notice, it is likely that some parties may file a large 
number of speculative applications. Accordingly, the Commission has 
tentatively determined that a limit of ten applications for new NCE FM 
construction permits in the filing window is an appropriate procedural 
safeguard to deter speculation and permit the expeditious processing of 
the NCE FM applications filed in the window. The Commission believes 
that the proposed limit will benefit small entities, as defined below.

B. Legal Basis

    The Public Notice is released pursuant to sections 1, 2(a), 4(i) 
and (j), 301, 303(g) and (r), 308(b), and 309(j) of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i) and (j), 301, 
303(g) and (r), 308(b), and 309(j).

C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3), The 
Small Business Administration defines a radio broadcasting entity that 
has $6.5 million or less in annual receipts as a small business. 13 
CFR121.201, NAICS Code 515112. Business concerns included in this 
industry are those ``primarily engaged in broadcasting aural programs 
by radio to the public.'' See NAICS Code 515112. We estimate that 95% 
or more of all NCE FM applicants will be small businesses according to 
this definition. According to Commission staff review of the BIA 
Financial Network, Inc., Media Access Radio Analyzer Database as of 
July 10, 2007, about 10,520 (95 percent) of 11,055 commercial radio 
stations have revenues of $6.5 million or less.
    We note, however, that in assessing whether a business entity 
qualifies as small under the above definition, business control 
affiliations must be included. Our estimate, therefore, may slightly 
overstate the number of small entities that might be affected by the 
proposed application limit, because the revenue figures on which this 
estimate is based do not include or aggregate revenues from affiliated 
companies. In this context, the application of the statutory definition 
to radio stations is of concern. An element of the definition of 
``small business'' is that the entity not be dominant in its field of 
operation. We are unable at this time and in this context to define or 
quantify the criteria that would establish whether a specific radio 
station is dominant in its field of operation. Accordingly, the 
foregoing estimate of small businesses to which the application limit 
may apply does not exclude any radio station from the definition of a 
small business on this basis and is therefore over-inclusive to that 
extent. An additional element of the definition of ``small business'' 
is that the entity must be independently owned and operated. We note 
that it is difficult at times to assess these criteria in the context 
of media entities, and our estimates of small businesses to which they 
apply may be over-inclusive to this extent.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    We anticipate that none of the changes adopted as a result of the 
Public Notice would result in an increase to the reporting and 
recordkeeping requirements of broadcast stations or applicants for NCE 
FM authorizations. As noted above, we invite small business entities to 
comment in response to the Public Notice.

E. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    The Public Notice describes and seeks comment on a proposed limit 
on the number of new NCE FM applications that may be filed during the 
filing window described in the Public Notice. The proposed limit is 
intended to benefit all small NCE entities seeking to establish a new 
NCE FM service on a local or regional basis by preventing mass filings 
of speculative applications. The proposed limit excludes both pending 
applications by NCE FM stations and applicants and new major change 
applications by existing NCE FM stations seeking to modify their 
existing authorizations, so the proposal involves no detriment to those 
applicants. At the same time, the proposed limit should benefit such 
applicants by expediting the review and processing of applications 
filed during the window. The proposed limit does not impose any 
significant compliance or reporting requirements because it would 
merely set a limit on the number of applications for new NCE FM 
authorizations that a party could file during the window. Accordingly, 
we are not aware of any alternatives that would benefit small entities. 
We encourage small entities to comment on the proposed limit described 
in the Public Notice.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Limit

    None.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E7-16457 Filed 8-21-07; 8:45 am]
BILLING CODE 6712-01-P