[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58299-58300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20300]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[FCC 07-179; MM Docket No. 95-31]


FCC Adopts Application Limit for NCE FM New Station Applications 
in October 12-October 19, 2007 Window

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission adopts an application limit 
in the noncommercial educational FM broadcast application filing window 
scheduled for October 12-October 19, 2007. The purpose of the limit is 
to permit the expeditious processing of applications filed in the 
window and deter speculative filings. The Commission 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: October 12-October 19, 2007 Filing Window for Noncommercial 
Educational New Station Applications.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street, SW., Washington, DC 20554. Internet address: http://www.fcc.gov.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, 202-418-2785, Audio 
Division, Media Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice adopted 
on October 10, 2007, and released on October 10, 2007. The complete 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC. It is also available for inspection 
and copying during regular business hours in the FCC Reference Center 
(Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The full 
text of this document also may be purchased from the Commission's 
duplication contractor, Best Copy and Printing Inc., Portals II, 445 
12th St., SW., Room CY-B402, Washington, DC 20554; telephone (202) 488-
5300; fax (202) 488-5563; e-mail [email protected]. It is also available 
on the Commission's Web site at http://www.fcc.gov.
    Summary of Public Notice: In this document, released on October 10, 
2007, the Commission adopts a ten-application limit on noncommercial 
educational (``NCE'') FM new station and major change applications 
filed by any party during the filing window opening on Friday, October 
12, 2007 and closing on Friday, October 19, 2007 for FM reserved band 
(channels 201-220).
    On August 9, 2007, the Commission issued a Public Notice (the 
``Notice'') seeking comment on this proposed ten-application limit 
(published at 72 FR 47039 on August 22, 2007). More than 10,000 
comments were filed in response to the Notice. The overwhelming 
majority of the commenters supported the proposed limit of ten new 
station applications filed by any party during the window. Accordingly, 
the Commission concludes in this Public Notice that an application 
limit is a lawful and appropriate procedural safeguard to permit the 
expeditious processing of the window-filed applications with limited 
Bureau resources and to deter speculation. Our examination of the 
record confirms our concern that failure to establish a limit on the 
number of NCE FM applications that a party may file in the window

[[Page 58300]]

would lead to a large number of speculative filings, creating the 
potential for extraordinary procedural delays. The Commission finds 
that a ten-application limit is consistent with the localism and 
diversity goals reflected in the NCE FM point system and appropriately 
balances our goals of deterring speculative filings, facilitating the 
expeditious processing of window-filed applications with limited 
Commission resources, and providing interested parties with a 
meaningful opportunity to file for NCE FM new station licenses.
    We acknowledge the concern expressed by some commenters about the 
potential for attempts to circumvent the application limit. We note 
that the Bureau retains the discretion to conduct investigations and, 
where there is a substantial and material question of fact regarding 
real parties in interest, the Commission will designate applications 
for hearing to determine whether the applications comply with the 
Commission's rules and policies.
    Effective Date of Public Notice. The Commission finds that there is 
good cause to make this Public Notice effective immediately. See 5 
U.S.C. 553(d)(3). The Commission's experience with the 2003 FM 
translator window demonstrates that there is a strong and unmet demand 
for scarce FM spectrum and that applicants will aggressively pursue all 
new radio station licensing opportunities. The Commission is concerned 
that postponing the window will provide an opportunity for parties to 
develop and implement filing strategies to circumvent the limit on 
applications and to thwart the public interest benefits that the ten-
application cap is intended to achieve. Moreover, the Commission 
announced this filing window more than six months ago. Applicants have 
relied on this window closing on October 19, 2007, a date that will be 
used to establish certain comparative qualifications among competing 
applicants. Accordingly, the Commission is reluctant to modify this 
well-publicized filing deadline. Finally, postponing the window would 
require the Commission to extend the freeze on reserved band and 
certain non-reserved band minor change application filings. The 
Commission concludes that such an extension would impose unreasonable 
burdens on many radio licensees.
    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (``RFA''), requires that a regulatory flexibility analysis 
be prepared for notice-and-comment rulemaking proceedings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' The RFA generally defines the term ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. 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 Section 605(b) of the RFA, we certify that the 
application limit adopted in this document imposes no significant 
economic impact on a substantial number of small entities. The 
application limit will benefit small entities seeking to establish a 
new NCE FM service on a local or regional basis by expediting the 
review and processing of applications filed during the filing window 
opening on Friday, October 12, 2007. In the Commission's rulemaking 
proceeding on comparative standards for NCE applicants, the Commission 
reserved the right to establish by Public Notice a limit on the number 
of NCE applications by a party in a filing window. In the Notice, the 
Commission explained that numerous entities involved in NCE FM 
operations urged the agency to establish an application limit for the 
filing window to prevent mass filings of speculative applications. The 
vast majority of comments filed in response to the Notice agreed with 
the Commission's tentative conclusion that ten applications is an 
appropriate limit to deter speculative applications and facilitate the 
prompt processing of applications. Based on the record in this 
proceeding, we have concluded that a lower limit would not effectively 
meet the demand for new NCE FM channels, whereas a higher limit would 
impose unacceptable processing delays on all applicants, overriding any 
potential benefits to a few applicants interested in filing more than 
ten applications in this window. The 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 limit involves no detriment to those 
applicants. This document and final RFA certification will be sent to 
the Chief Counsel for Advocacy of the SBA.
    The Commission has authority to collect these applications under 
OMB Control  3060-0034.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.
[FR Doc. E7-20300 Filed 10-12-07; 8:45 am]
BILLING CODE 6712-01-P