Proposed Rule2025-03115
Broadcast Station Rule Updates
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 24, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or FCC) seeks comment on several proposed updates to broadcast radio and TV rules to better reflect current application processing requirements, clarify ambiguity, and remove references to outdated procedures and legacy filing systems. Such action ensures that the Commission's rules are accurate, reducing potential confusion among the public, applicants, licensees, and practitioners, and alleviating unnecessary burdens.
Full Text
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<title>Federal Register, Volume 90 Issue 55 (Monday, March 24, 2025)</title>
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[Federal Register Volume 90, Number 55 (Monday, March 24, 2025)]
[Proposed Rules]
[Pages 13432-13447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03115]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 73, 74, and 76
[MB Docket No. 24-626; FCC 24-126; FR ID 280968]
Broadcast Station Rule Updates
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) seeks comment on several proposed updates to
broadcast radio and TV rules to better reflect current application
processing requirements, clarify ambiguity, and remove references to
outdated procedures and legacy filing systems. Such action ensures that
the Commission's rules are accurate, reducing potential confusion among
the public, applicants, licensees, and practitioners, and alleviating
unnecessary burdens.
DATES: Comments due on or before April 23, 2025; reply comments due on
or before May 8, 2025.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419, interested parties
may file comments and reply comments on or before the dates indicated
on the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). You
may submit comments, identified by MB Docket No. 24-626, by any of the
following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
<bullet> Hand-delivered or messenger-delivered paper filings for
the Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m.
by the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
<bullet> Commercial courier deliveries (any deliveries not by the
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701. Filings sent by U.S. Postal Service First-Class
Mail, Priority Mail, and Priority Mail Express must be sent to 45 L
Street NE, Washington, DC 20554.
<bullet> People With Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#7c1a1f1f494c483c1a1f1f521b130a"><span class="__cf_email__" data-cfemail="e1878282d4d1d5a1878282cf868e97">[email protected]</span></a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Ariane Rangel, Audio Division, Media Bureau at
<a href="/cdn-cgi/l/email-protection#3b7a49525a555e15695a555c5e577b5d5858155c544d"><span class="__cf_email__" data-cfemail="30714259515e551e62515e57555c705653531e575f46">[email protected]</span></a> or (202) 418-4036, or Lisa Scanlan, Audio
Division, Media Bureau at <a href="/cdn-cgi/l/email-protection#eaa683998bc4b9898b84868b84aa8c8989c48d859c"><span class="__cf_email__" data-cfemail="d19db8a2b0ff82b2b0bfbdb0bf91b7b2b2ffb6bea7">[email protected]</span></a> or (202) 418-2704.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), in MB Docket No. 24-626; FCC 24-126,
adopted December 11, 2024, and released December 13, 2024. The full
text of this document is available by downloading the text from the
Commission's website at: <a href="https://docs.fcc.gov/public/attachments/FCC-24-126A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-126A1.pdf</a>.
Paperwork Reduction Act of 1995 Analysis: This document contains
possible new or modified information collection requirements. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and the Office of Management and
Budget (OMB) to comment on the information collection requirements
contained in this document, as required by the Paperwork Reduction Act
of 1995, Public Law 104-13. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), we seek specific comment on how we might further reduce the
[[Page 13433]]
information collection burden for small business concerns with fewer
than 25 employees.
Providing Accountability Through Transparency Act: Consistent with
the Providing Accountability Through Transparency Act, Public Law 118-
9, see 5 U.S.C. 553(b)(4), a summary of this document will be available
at <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Synopsis
I. Introduction
1. In the Notice of Proposed Rulemaking (NPRM) adopted on December
11, 2024, and released on December 13, 2024, the Commission seeks
comment on proposed revisions to various broadcast radio and television
regulations in parts 1, 73, 74 and 76 of the CFR. The NPRM proposes to
update rules to better reflect current application processing
requirements, clarify and harmonize provisions, and remove references
to outdated procedures and legacy filing systems. The NPRM also
proposes to clarify certain terms and procedures used in the
comparative processes for mutually exclusive (MX) noncommercial
educational (NCE) stations and low power FM (LPFM) stations.
II. Background
2. This NPRM continues our efforts to update broadcast radio and
television rules. In the past three decades, the Media Bureau (Bureau)
has transitioned from paper-filing to electronic filing, and
subsequently transitioned from its initial filing database to a new
one. Various rules still reference outdated terms from the Commission's
paper-filing processing procedures and discontinued database, and are
therefore incompatible with current electronic filing procedures.
Additionally, other outdated rules are no longer necessary to ensure
administrative efficiency and can result in application processing
delays and confusion. This NPRM seeks to update and clarify these rules
to better reflect current processing procedures, and improve how the
public, applicants, and licensees engage with the Commission.
III. Discussion
A. Replace References to CDBS With References to LMS
3. We propose to amend Sec. Sec. 1.5000(b), 1.5004(d)(2),
1.30001(d), 1.30004(a), 73.202(a), 73.3700(b)(5)(iv), and
76.66(d)(2)(ii) to replace references to the Bureau's Consolidated
Database System (CDBS) electronic filing system with references to the
Bureau's new Licensing and Management System (LMS) electronic filing
system. The Bureau is in the final stage of transitioning from CDBS to
LMS. We propose to amend rule sections that mention CDBS to instead
refer to LMS. We seek comment on this proposal.
B. Update Form Names
4. We propose to update Sec. Sec. 73.30(c), 73.45(d)(1), 73.51(c),
73.311(a), 73.512(a), 73.625(c)(4)(i), 73.872(b)(1), 73.875,
73.1670(b), 73.1690(c)(9), 73.3580(d)(2), and 73.5002(b) to update
application references. The rules we propose to amend reference
outdated form designations used in CDBS, such as ``FCC Form 301,'' and
we propose to update the references to conform to current conventions
used in LMS such as ``FCC Form 2100, Schedule 301.'' For example, FCC
Form 301 would become FCC Form 2100, Schedule 301. We seek comment on
this proposal and whether other Rules need to be updated to conform to
LMS naming conventions.
C. Change Table of Assignments/Allotments References To Conform to
Existing Language
5. We propose to update inconsistent terminology concerning
references to the tables governing FM and TV allotments. Sections
1.401, 1.403, 1.420 and 73.3573 currently use inconsistent terminology
to refer to the ``Table of FM Allotments'' and the ``Table of TV
Allotments.'' Accordingly, we propose to change references in these
sections from ``FM Table of Allotments'' to ``Table of FM Allotments''
and from ``TV Table of Allotments'' to ``Table of TV Allotments.'' In
addition, we propose to change references from ``FM Table of
Assignments'' to ``Table of FM Allotments'' and from ``TV Table of
Assignments'' to ``Table of TV Allotments.'' These proposed changes are
editorial in nature and correspond with the standard language used in
Sec. Sec. 73.202, 73.606 and 73.622. We seek comment on this proposal
and whether other Rules should be similarly revised.
D. Eliminate Sec. 73.503(g), the 2021 NCE FM Window Application Cap
6. We propose to eliminate language concerning a cap on the number
of applications each applicant could submit in the 2021 NCE FM filing
window. Section 73.503(g) (Application Limit) mandates that an NCE FM
applicant may file no more than a total of 10 applications in the 2021
NCE FM filing window. This Application Limit was intended for the
limited purpose of the 2021 NCE FM filing window, which has passed.
Upon resolution and finality of the remaining NCE FM applications, we
propose to delegate authority to the Bureau to effectuate this change
and remove Sec. 73.503(g). We seek comment on this proposal.
E. Eliminate AM Station Power Increase Restrictions
7. We propose to eliminate the requirement that AM stations seeking
power increases must request at least a 20% increase in nominal power.
We tentatively conclude that this change will provide AM broadcasters
greater flexibility and will afford new opportunities for stations to
optimize their operations, thus providing continued AM service to the
public. Due to increased efficiency in administrative processing, we do
not expect this change will adversely affect the processing time for
other pending applications. We also propose an update to our AM rules
to conform to international agreements and several minor administrative
changes.
8. Section 73.3571(e)(1) and (2) sets forth requirements for AM
stations proposing a power increase. The rule was adopted in 1985 when
the Commission revised the AM technical rules to reflect then-newly
enacted international agreements. To address concerns about the
potential administrative impact from the large number of AM
applications that the rule changes were expected to engender, and to
reduce the number of modification applications, the Commission
established a minimum threshold for power increases. Specifically, the
Commission determined that any application which does not involve a
change in site must propose at least a 20% increase in the AM station's
nominal power.
9. We tentatively conclude that due to changed circumstances, this
restriction is outdated, and propose to delete the requirement that an
applicant proposing to increase the power for an AM station must
propose either a site change or at least a 20% increase in the
station's nominal power. Due to increased administrative efficiencies
and the electronic application filing system currently in place, we
tentatively find that applications proposing an increase of less than
20% power do not present the same processing burdens and do not warrant
this restrictive benchmark. Accordingly, we propose to delete Sec.
73.3571(e)(1) and (2), and seek comment on this proposal. We also seek
comment on whether there is a public benefit to allowing increases of
less than 20%. We also propose to delete Sec. 73.3571(e)(3), which
clarifies that Class D stations were not subject to the requirements of
Sec. 73.3571(e)(1) and (e)(2).
[[Page 13434]]
10. We also propose to update Sec. 73.3571(e)(4), which outlines
procedures for authorizing certain Class D daytime-only stations to
operate unlimited-time. Paragraph (e)(4) was not updated when the
stations were reclassified in 1991, and the current rule still reflects
the old classifications. Accordingly, we propose to revise the station
classes in Sec. 73.3571(e)(4) to reflect current station
classifications, including Class B and Class D designations mirroring
the definitions in Sec. 73.21(a)(2) and (a)(3), and seek comment on
this proposal.
11. We propose to remove the Note to this rule section, and add it
to paragraph (h)(1)(ii) of Sec. 73.3571.
F. Post-Incentive Auction Viewer and MVPD Notification Requirements
12. We propose to update Incentive Auction rules to remove obsolete
language. In 2014, the Commission adopted rules to implement the
broadcast television spectrum incentive auction (Incentive Auction).
The post-incentive auction transition period concluded on July 3, 2020.
All full power and Class A TV stations that elected to relinquish their
licenses have terminated operations and all repacked stations are now
operating on their post-auction channel assignments. As such, we
propose to delete Sec. 73.3700(c) and revise Sec. Sec.
73.3801(h)(4)(i), 73.6029(h)(4)(i), and 74.782(i)(4)(i).
13. Section 73.3700(c) requires repacked stations to provide notice
to viewers before a station transitions to its post-auction channel and
requires license relinquishment stations to provide notice to viewers
before terminating operations. Because all repacked stations are now
operating on their post-incentive auction channels and all license
relinquishment stations have terminated operations, this notice
provision is obsolete.
14. Sections 73.3801(h)(4)(i), 73.6029(h)(4)(i), and
74.782(i)(4)(i) require 120-days advance notification by Next Gen TV
stations to MVPDs (Multichannel Video Programming Distributors) for
ATSC 1.0 service relocations that occur during the post-incentive
auction transition period and 90-days advance notice for relocations
that occur after the post-incentive auction transition period. Since
the post-incentive auction transition period concluded, we propose to
revise these rules to remove references to the post-incentive auction
transition period and the extended MVPD notice period that was only
required during that time. We seek comment on each of these proposals.
These proposed revisions do not alter the 90-day MVPD notice
requirement that is currently in effect for Next Gen TV.
G. Update Sec. 73.870, Processing LPFM Minor Modification Applications
15. We propose to codify in the rules the existing interpretation
of Sec. 73.870(e) that LPFM minor modification applications received
on the same day will be treated as simultaneously filed. Section
73.3573 outlines the processing procedures for full service FM
broadcast station applications. Generally, applications for minor
modifications of FM broadcast and FM translator stations ``may be filed
at any time, unless restricted by the FCC, and will be processed on a
`first come/first served' basis.'' Section 73.3573(e)(1), which governs
reserved channel FM broadcast stations, states that ``[c]onflicting
minor change FM applications received on the same day are treated as
simultaneously filed and mutually exclusive.'' With respect to non-
reserved FM broadcast stations, Sec. 73.3573(f)(1) states that ``[a]ll
applications received on the same day will be treated as simultaneously
tendered and, if they are found to be mutually exclusive, must be
resolved through settlement or technical amendment.'' The same
processing procedures apply to conflicting minor change FM translator
applications received on the same day pursuant to Sec. 74.1233.
16. There is no similar language in the rule for minor change LPFM
applications indicating the processing standard for applications
received on the same day. Section 73.870(e) simply states: ``Minor
change LPFM applications may be filed at any time, unless restricted by
the staff, and generally, will be processed in the order in which they
are tendered. Such applications must meet all technical and legal
requirements applicable to new LPFM station applications.''
17. There is no indication in either the text of Sec. 73.870(e) or
in the order adopting the rule that the Commission intended to
implement a different procedure for processing minor change LPFM
applications than for minor change full service FM and FM translator
applications.
18. Accordingly, we propose to codify in the rules the existing
interpretation of Sec. 73.870(e) that LPFM minor modification
applications received on the same day will be treated as simultaneously
filed. This will harmonize Sec. 73.870(e) with the processing
procedures for minor change full service FM and FM translator
applications under Sec. Sec. 73.3573(e)(1) and (f)(1), and
74.1233(b)(1) and (d)(1). We also propose to revise Sec. 73.870(e) to
codify the existing practice that first-come, first-served processing
for LPFM minor modification applications will follow the well-
established general procedures, under which applicants filing on the
same day are considered simultaneously filed and, if mutually
exclusive, directed to use engineering solutions and good faith
negotiation to resolve their mutual exclusivity. We seek comment on our
proposals.
H. Revisions to Sec. 73.807, Minimum Distance Separation Between
Stations
1. Codification of Definition of the Term ``Authorized'' Station
19. We propose to codify the existing interpretation of the term
``authorized'' station in Sec. 73.807 as including construction
permittees in addition to licensees. Under Sec. 73.807(a)(1), to be
authorized, LPFM applicants must satisfy the minimum distance
separation requirements specified in the Table to paragraph (a)(1) with
respect to ``authorized FM stations'' and ``authorized LPFM stations''
among other separation requirements, and must also meet the minimum
separation requirements in the Table to paragraph (c) with respect to
``authorized FM translator stations.''
20. Although the term ``authorized'' in the context of Sec.
73.807(a)(1) and (c) is not defined in the rule or LPFM Report and
Order, the Commission's long-standing interpretation of this term is
that it encompasses stations having a granted license and/or a granted
construction permit. We tentatively conclude to codify in Sec.
73.807(a) and (c) the existing interpretation of the term
``authorized'' stations as including both licensed stations and/or
granted construction permits for FM, LPFM, and FM translator stations.
We seek comment on our tentative conclusion that this will provide
clarity to LPFM applicants regarding minimum distance separation
requirements.
2. Prior-Filed Application Protections
21. We propose to modify Sec. Sec. 73.807(a)(1) and 73.807(c) to
state that LPFM applicants must protect FM, LPFM, and FM translator
applications submitted prior to a public notice announcing the
procedures for an LPFM filing window.
22. Under Sec. 73.807(a)(1), LPFM applicants must satisfy the
minimum distance separation requirements in the Table to paragraph
(a)(1) with respect to ``applications for new and existing FM stations
filed prior to the release of the public notice announcing an LPFM
window period.'' Under Sec. 73.807(c), LPFM applicants must also
satisfy the
[[Page 13435]]
minimum distance separation requirements in the Table to paragraph (c)
with respect to ``cutoff FM translator applications, and FM translator
applications filed prior to the release of the Public Notice announcing
the LPFM window period.''
23. We propose to modify Sec. Sec. 73.807(a)(1) and 73.807(c) to
state that FM, LPFM and FM translator applications filed prior to the
release of the Public Notice announcing the filing procedures that will
apply to any upcoming LPFM application filing window must be protected
under these rule sections. In recent application filing windows, the
Bureau has released multiple Public Notices announcing the window
including providing early announcements of upcoming window dates, in
order to afford potential applicants adequate time to prepare their
applications. This proposed rule change will provide that: a public
notice that just announces the filing window dates will not serve to
terminate protection requirements for prior-filed applications under
Sec. Sec. 73.807(a)(1) and 73.807(c); and only a detailed public
notice setting out the procedures for the window terminates the need to
protect prior-filed applications.
24. Section 73.807(c) requires that LPFM applications must meet the
minimum separation requirements ``. . . with respect to . . . cutoff FM
translator applications . . . .'' We propose to remove the reference to
``cutoff FM translator applications,'' because our proposed rule
amendment will make clear that any FM translator application that is
filed prior to the issuance of the LPFM filing window procedures public
notice is entitled to protection. We seek comment on these proposals.
I. Revise the Signature Rule
25. We propose to codify the existing interpretation of the
Signature Rule (Sec. 73.3513), applicable to all broadcast services,
that ``directors'' of corporations may sign applications. We also
propose to modify the Signature Rule to expand the definition of who
may sign an application on behalf of a corporation, a partnership, and
an unincorporated association, to include a ``duly authorized
employee.'' Section 73.3513 of the Rules specifies who must sign
``[a]pplications, amendments thereto, or related statements of fact
required by the FCC'' on behalf of various broadcast entities.
According to the Signature Rule, an officer of a corporation may sign
applications or amendments on a broadcast entity's behalf. For a
partnership, a partner may sign applications on behalf of a
partnership. For an unincorporated association, a member who is an
officer may sign applications on behalf of an unincorporated
association. We adhere to the Signature Rule requirements and
violations of the Signature Rule are not curable. The Bureau has
interpreted the Signature Rule to permit applications signed by
corporate directors, rather than officers, finding that the director at
issue was as capable as a subordinate corporate officer to ensure
accuracy and accountability of the broadcast application. We seek
comment on the Bureau's rationale regarding corporate directors and now
propose to codify in the rules the existing interpretation of Sec.
73.3513 that ``directors'' of corporations may sign applications.
26. Under the existing rule, a corporation cannot allow an
employee, such as a general manager, to sign applications or amendments
on its behalf. The existing rule, which does not permit a corporation
to designate an authorized employee to sign applications or amendments,
leads to numerous application dismissals of otherwise qualified
applicants.
27. We propose to permit a corporation, partnership, or
unincorporated association to designate a ``duly authorized employee,''
to sign applications or amendments on its behalf. This would harmonize
the Signature Rule with similar rules used by other bureaus and offices
that permit both directors and authorized employees to sign
applications or amendments on behalf of the corporation. We seek
comment on this proposed modification to the Signature Rule and on how
to define the term ``duly authorized employee.'' Should we limit the
types of employees that may sign, or require written delegation of
authority that predates the filing of applications or amendments on
behalf of the corporation, partnership, or unincorporated association?
How significant is the potential for misrepresentation or abuse if duly
authorized employees sign broadcast applications? Does allowing an
authorized employee to sign applications provide adequate assurance
that the applicant has personally reviewed the application? How would
the proposed rule change benefit small corporations, partnerships, or
unincorporated associations that may be unrepresented by counsel? We
also seek comment on whether we should amend our rules to specify which
individuals associated with a limited liability company (LLC) can sign
an application. Should only ``members'' of an LLC be authorized to
sign?
28. We also propose to revise the Signature Rule to clarify that
the term ``signed,'' for applications submitted in LMS, includes an
electronic signature that consists of the individual's typed name. We
seek comment on these modifications.
J. Local Public Notice Requirement After Acceptance for Filing
29. We propose to codify the long time practice concerning when
applicants for new NCE FM, NCE TV, or LPFM construction permits must
give local public notice of their applications. Section 73.3580 sets
out what types of applicants and licensees are required to provide
local public notice, what applications trigger the requirement, the
timing of the notice and the content of the notice. The rule currently
provides that the Commission's release of an ``acceptance public
notice'' of a newly filed application triggers the applicant's local
public notice obligation. Section 73.3580(a)(1) defines an acceptance
public notice as: ``A Commission public notice announcing that an
application has been accepted for filing.'' Section 73.3580(c)(1)
specifies that an applicant filing an application for a construction
permit for a new ``noncommercial educational full power television
[station]; . . . noncommercial educational full-service . . . FM radio
station; . . . [or] low-power FM'' radio station must provide local
public notice through an online notice. However, the current definition
of an acceptance public notice does not take into account all of the
ways that the Commission announces tentative selectees for new NCE FM,
NCE TV, and LPFM construction permits. Therefore, we propose to add
language to Sec. Sec. 73.3580, 73.7002, 73.7003, and 73.872, to state
that for NCE FM, NCE TV, and LPFM applications, a public notice, a
Threshold Fair Distribution of Service Order, an NCE Comparative Points
Order, an LPFM Tentative Selectee Order or Public Notice, or the
equivalent can all serve as an acceptance public notice under Sec.
73.3580, and each will trigger that applicant's local public notice
obligation.
30. The Bureau routinely releases in its ``Applications'' public
notice that singleton NCE and LPFM new station construction permit
applications have been accepted for filing. However, in the context of
MX NCE and LPFM new station construction permit applications, the
``acceptance for filing'' notice, which triggers the Sec. 73.3580
local notice obligation, occurs via other procedural means. In an MX
situation, the NCE or LPFM tentative selectee is
[[Page 13436]]
identified and concurrently accepted for filing, the combination of
which triggers the applicant's local public notice obligation. However,
these MX NCE or LPFM tentative selectees do not appear in the
Applications public notice but are ``accepted for filing'' in an
omnibus, multi-application Order such as the following:
<bullet> A Threshold Fair Distribution of Service Order, issued
under delegated authority, designating a tentative selectee for a full
service NCE FM construction permit pursuant to section 307(b) of the
Act (Section 307(b) Order).
<bullet> An NCE Comparative Points Order designating a tentative
selectee pursuant to Sec. 73.7003.
<bullet> An LPFM MX Tentative Selectee Order or Public Notice
identifying tentative selectees pursuant to Sec. 73.872.
<bullet> A Bureau decision issued under delegated authority
announcing a new tentative selectee following dismissal of prior
tentative selectee.
These four NCE and LPFM MX application contexts, which accept a
tentative selectee for filing and thus trigger an applicant's local
notice obligation, are not currently addressed by Sec. 73.3580.
31. Accordingly, we propose to amend: Sec. 73.7002(b) to indicate
that the ``acceptance for filing'' of the various tentative selectee(s)
in a Section 307(b) Order triggers the applicant's local public notice
obligation; Sec. 73.7003(a) to indicate that the ``acceptance for
filing'' of the various tentative selectee(s) in an NCE Comparative
Points Order triggers the applicant's local public notice obligation;
and Sec. 73.872(a) to indicate that the ``acceptance for filing'' of
the various tentative selectee(s) in an LPFM MX Tentative Selectee
Order or Public Notice, triggers the applicant's local public notice
obligation. We also propose to revise Sec. 73.3580(a)(1) to define
``an acceptance public notice'' as a Commission or Bureau public notice
announcing that an application has been accepted for filing, or an
equivalent Order accepting for filing applications from a filing window
under Sec. Sec. 73.7002, 73.7003 or 73.872. We seek comment on this
proposal, and on any other changes to the local notice obligations.
K. Remove 90-Day STA Restriction Necessitated by Technical or Equipment
Problems
32. We propose to amend Sec. 73.1635(a)(4) to remove language
providing that an initial special temporary authorization (STA)
necessitated by technical or equipment problems may only be granted for
90 days with a limited number of 90-day extensions, rather than the
full 180-day period permitted for STAs for other reasons. Based on
previous STA submissions, the Bureau engineering staff has observed
that technical or equipment malfunctions frequently take more than 90
days to resolve. Requiring an update every 90 days typically results in
the licensee raising the same issues and repeating the identical
request from the original STA filing, and places an extra burden on
licensees and Bureau processing staff. Therefore, we propose to delete
this 90-day restriction language and apply the 180-day period to STAs
necessitated by technical or equipment problems, consistent with the
time period we apply to other types of STAs. We also propose to correct
a typo in the fourth sentence of paragraph (a)(4) by replacing
``expeditions'' with ``expeditious.'' We seek comment on this proposal.
L. Remove Obsolete Application Processing Language
33. We propose to modify our application processing rules to remove
and revise references to various application processing procedures that
are no longer used. The removal and revision of obsolete language will
streamline our rules and eliminate the potential for confusion among
the public, licensees, and practitioners, such as attorneys or
engineers, that submit filings to the Commission. Prior to the adoption
of electronic filing, applications were paper-filed under a two-step
submission process. First, applicants ``tendered for filing''
applications. Second, after a preliminary review for completeness, the
Bureau would then review the application for core technical and legal
requirements. If the application was ``accepted for filing,'' the
Bureau would assign the application a file number, and place the
application on an ``accepted for filing'' public notice.
34. Under the current electronic filing system, applications are no
longer physically ``tendered for filing'' but are now filed
electronically in the Bureau's filing database, LMS. Upon filing,
applications appear in the Bureau's daily ``Applications'' public
notice. Applications that require a fee do not appear on the Bureau's
daily ``Applications'' public notice until the fee is paid. Numerous
rule sections still reference outdated terms from the Commission's
legacy paper-filing processing procedures and are therefore
inconsistent with current electronic filing procedures. For example,
the continued use of the term ``tendered'' is potentially confusing to
applicants, practitioners, and the public because it reflects a
processing procedure that no longer exists.
35. We first propose to remove references to applications and
pleadings as being ``tendered'' with the Commission and instead refer
to applications as being ``filed'' with the Commission in the following
rules: 73.37(c), which addresses application requirements for new AM
stations; 73.3516(e), which sets forth the process for filing a
petition to deny during a license renewal proceeding; 73.3526 and
73.3527, which describe required online public inspection file
documents; 73.3573(f)(1), which outlines the processing of FM
applications; 73.3578(a), which concerns amendments to applications;
73.3591(b), which explains the processing of applications without a
hearing; and 73.3597(b)(2), which addresses the processing of transfer
and assignment applications.
36. Second, we propose to amend Sec. 73.3564, which addresses the
acceptance of applications and in certain places still reflects
obsolete paper-filing procedures. We propose to delete all obsolete
paper-filing procedures from Sec. 73.3564(a) and replace the term
``tendered for filing'' with ``filed'' throughout Sec. 73.3564. We
also propose to delete Sec. 73.3564(c) references to cut-off
procedures for reserved band FM NCE applications that have since been
eliminated by the Commission in favor of a filing window approach.
37. Finally, we propose to remove Note 1 to Sec. 73.3522, which
addresses amendments to applications, because the Note also reflects
processing procedures that have been eliminated with the implementation
of electronic filing. We seek comment on these proposed revisions and
additional references to outdated processing that should be updated.
M. Redesignate Renewal Application Petition To Deny Rule
38. We propose to consolidate our rules for petitions to deny under
a single rule section. While Sec. 73.3516 generally deals with
applications for new broadcast facilities, paragraph (e) of Sec.
73.3516 addresses deadlines for filing petitions to deny license
renewal applications. Our general rule related to the filing of
petitions to deny under Part 73 is Sec. 73.3584. We propose to
redesignate the revised Sec. 73.3516(e) as a new paragraph to Sec.
73.3584, which specifically addresses the procedures for filing
petitions to deny against license renewal applications. We also propose
to replace cross-references to current
[[Page 13437]]
Sec. 73.3516(e) with references to redesignated Sec. 73.3584(f).
N. Revise the Informal Objection Rule
39. We propose to revise the informal objection rule to require
that informal objections and responsive pleadings be served upon the
relevant applicant or objector. We also propose to limit the type of
responsive pleadings that may be filed, and impose filing deadlines for
responsive pleadings that align with the limitations set for responsive
pleadings to petitions to deny.
40. In processing broadcast applications, we encounter two types of
pleadings that we process and treat as an informal objection: (1) a
pleading intentionally filed directly as an informal objection under
Sec. 73.3587, and (2) a pleading initially submitted as a petition to
deny, but is treated as an informal objection because it falls short of
the procedural requirements of a petition to deny. The goal of the
informal objection rule is to afford the public opportunity to submit
information that the Commission should consider when evaluating whether
grant of an application would serve the public interest, with fewer
procedural requirements than the statutory and rule provisions covering
petitions to deny. Under our current rule, informal objections are not
required to be served upon the applicant. We have found that the
existing rule, which does not require service of informal objections,
often leads to considerable inefficiencies in the resolution of
contested proceedings because of the lack of procedures. For example,
because informal objections do not need to be served, Bureau staff must
often forward an informal objection to an applicant and afford the
applicant an opportunity to respond to the informal objection.
Additionally, our current rules contain no restriction on the number or
type of pleadings that can be filed in response to an informal
objection, and provide no pleading deadlines, which similarly delays
the resolution of contested proceedings.
41. We first propose to require that the first above-mentioned
category of informal objections, those intentionally filed directly as
an informal objection under Sec. 73.3587, must be served upon the
applicant. We propose that service may be by mail or email to the
address listed in the ``Applicant'' or ``Contact Representatives''
sections of the contested application. Both the street address and
email address are mandatory fields within the ``Applicant'' and
``Contact Representatives'' sections. Therefore, the service
information is readily available to the objector. We believe that
requiring service of informal objections will ensure that parties are
timely informed of these filings, thereby promoting a more efficient
resolution of contested proceedings. The Bureau successfully
implemented a requirement for applications in the 2023 LPFM filing
window that filers of both petitions to deny and informal objections
were required to serve a copy of their filings on applicants. This
approach expedited review without hindering public participation in the
regulatory process. We seek comment on whether, in the renewal
context--where listeners and viewers most frequently file informal
objections--it would be beneficial to include similar language in pre-
renewal public notices to inform the public about the service
requirements. Should service be to the Applicant instead of a choice
between the Applicant and Contact Representative? Additionally, we note
that our proposal to permit electronic service aligns with the Wireless
Telecommunications Bureau's electronic service requirements. We seek
comment on this proposal. Specifically, what should be the consequence
of not serving a filing? Should the filing be subject to dismissal? Do
these proposals create any barriers for certain parties?
42. Second, we propose to limit the types of responsive pleadings
that may be filed and establish pleading deadlines on responsive
pleadings to ensure a prompt resolution of the contested matter.
Specifically, we propose that responsive pleadings shall be limited to
one opposition and one reply. In the case of an informal objection
against an application for renewal of license, an opposition thereto
may be filed within 30 days after the informal objection is filed. The
party that filed the informal objection against the renewal application
may reply to the opposition within 20 days after the opposition is due
or within 20 days after the opposition is filed, whichever occurs
later. For all other pleadings, we propose that an opposition is
required to be filed by the applicant within 10 days after the informal
objection is filed and a reply filed by the objector within five days
after the opposition is due or within five days after the opposition is
filed, whichever occurs later. These pleading limitations and filing
deadlines align with the pleading limitations and deadlines provided
for petitions to deny, and we tentatively conclude they are appropriate
for informal objections in order to balance the need of administrative
efficiency with the filer's need to submit information that it believes
the Commission should consider when evaluating whether grant of an
application would serve the public interest. Our proposal to implement
pleading limitations and deadlines on responses to informal objections
has been successfully used by other Bureaus, and we believe these
reforms will provide greater transparency and clarity for all
interested parties.
43. We seek comment on this proposal. Alternatively, we seek
comment on whether we should adopt longer time frames for responsive
pleadings, or whether shorter time periods are sufficient, given the
additional time provided under Sec. 1.4 of our Rules. We also propose
that such responsive pleadings must be served by mail or to the email
address provided in the informal objection or application, as
applicable. Our proposal for service of objections and responsive
pleadings aligns with the electronic service requirements of other
Bureaus and offices within the Commission, including, for example, the
Wireless Telecommunications Bureau which requires service of all
pleadings. We seek comment on these proposals.
IV. Initial Regulatory Flexibility Act Analysis
44. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in the Notice of Proposed Rulemaking (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
in the NPRM. The Commission will send a copy of the NPRM, including
this IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). In addition, the NPRM and IRFA (or summaries
thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
45. In the NPRM, the Commission initiates this rulemaking
proceeding to obtain comments from small and other entities regarding
its proposal to update several of its rules to better reflect current
application processing requirements, clarify and harmonize provisions,
and remove references to outdated procedures and legacy filing systems.
In the past three decades, the Bureau has transitioned from paper-
filing to electronic filing, and has
[[Page 13438]]
subsequently transitioned from its initial filing database to a new
one. As a result, numerous rule sections still reference outdated terms
from the Commission's legacy paper-filing processing procedures and
discontinued databases, and are therefore incompatible with current
electronic filing procedures.
46. Specifically, the Commission seeks comment on the following
proposed rule changes: (1) replacing references to the Bureau's legacy
Consolidated Database System (CDBS) electronic filing system with
references to the new Licensing and Management System (LMS) electronic
filing system and conforming the rules to the current LMS designation
for applications; (2) changing the table of assignments/allotments
references to conform to existing language; (3) delegating authority to
the Bureau to remove a ten application cap rule adopted for the 2021
noncommercial educational (NCE) FM new station filing window, upon
finality of the remaining NCE FM applications; (4) updating the AM
station power increase rules to eliminate the requirement that stations
request at least a 20% increase in nominal power and to reflect current
station classifications and other administrative updates; (5) updating
Incentive Auction rules to remove the obsolete post-incentive auction
transition period language; (6) codifying and harmonizing the
processing procedures for minor change low power FM (LPFM) applications
with the current processing procedures for minor change full-service FM
and FM translator applications; (7) defining the term ``authorized
stations'' and codifying which applications an LPFM applicant must
protect for purposes of the minimum distance separation requirements;
(8) modifying the signature rule to expand the definition of who may
sign a certification to include a ``duly authorized employee''; (9)
codifying the current practice when applicants for new NCE FM, NCE TV,
or LPFM construction permits must give local public notice of their
applications; (10) removing language providing that an initial special
temporary authorization (STA) necessitated by technical or equipment
problems may only be granted for 90 days with a limited number of 90-
day extensions, rather than the full 180-day period permitted for other
reasons; (11) modifying the application processing rules to remove and
revise references to various application processing procedures that are
now obsolete; (12) consolidating the rules for petitions to deny under
a single rule section; and (13) revising the informal objection rule to
require service upon the relevant applicant and objector, limit the
number of responsive pleadings, and impose filing deadlines.
B. Legal Basis
47. The proposed action is authorized pursuant to Sec. Sec. 1, 4,
7, 301, 302, 303, 307, 308, 309, 310, 316, 319, 324, and 336 of the
Communications Act, 47 U.S.C. 151, 154, 157, 301, 302, 303, 307, 308,
309, 310, 316, 319, 324, and 336.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
48. 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. 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 SBA. The rules
proposed herein will directly affect small television and radio
broadcast stations. Below, we provide a description of these small
entities, as well as an estimate of the number of such small entities,
where feasible.
49. Radio Stations. This industry is comprised of ``establishments
primarily engaged in broadcasting aural programs by radio to the
public.'' Programming may originate in their own studio, from an
affiliated network, or from external sources. The SBA small business
size standard for this industry classifies firms having $47 million or
less in annual receipts as small. U.S. Census Bureau data for 2017 show
that 2,963 firms operated in this industry during that year. Of this
number, 1,879 firms operated with revenue of less than $25 million per
year. Based on this data and the SBA's small business size standard, we
estimate a majority of such entities are small entities.
50. The Commission estimates that as of September 30, 2024, there
were 4,400 licensed commercial AM radio stations and 6,618 licensed
commercial FM radio stations, for a combined total of 11,018 commercial
radio stations. Of this total, 11,017 stations (or 99.99%) had revenues
of $47 million or less in 2023, according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro Database (BIA) on October 15,
2024, and therefore these licensees qualify as small entities under the
SBA definition. In addition, the Commission estimates that as of
September 30, 2024, there were 4,377 licensed noncommercial (NCE) FM
radio stations, 1,967 low power FM (LPFM) stations, and 8,894 FM
translators and boosters. The Commission however does not compile, and
otherwise does not have access to financial information for these radio
stations that would permit it to determine how many of these stations
qualify as small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of radio station licensees, we presume that all
of these entities qualify as small entities under the above SBA small
business size standard.
51. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific radio or television broadcast station is dominant in
its field of operation. Accordingly, the estimate of small businesses
to which the rules may apply does not exclude any radio or television
station from the definition of a small business on this basis and is
therefore possibly over-inclusive. An additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
52. Television Broadcasting. This industry is comprised of
``establishments primarily engaged in broadcasting images together with
sound.'' These establishments operate television broadcast studios and
facilities for the programming and transmission of programs to the
public. These establishments also produce or transmit visual
programming to affiliated broadcast television stations,
[[Page 13439]]
which in turn broadcast the programs to the public on a predetermined
schedule. Programming may originate in their own studio, from an
affiliated network, or from external sources. The SBA small business
size standard for this industry classifies businesses having $47
million or less in annual receipts as small. 2017 U.S. Census Bureau
data indicate that 744 firms in this industry operated for the entire
year. Of that number, 657 firms had revenue of less than $25 million
per year. Based on this data we estimate that the majority of
television broadcasters are small entities under the SBA small business
size standard.
53. As of September 30, 2024, there were 1,384 licensed commercial
television stations. Of this total, 1,307 stations (or 94.4%) had
revenues of $47 million or less in 2023, according to Commission staff
review of the BIA Kelsey Inc. Media Access Pro Television Database
(BIA) on October 15, 2024, and therefore these licensees qualify as
small entities under the SBA definition. In addition, the Commission
estimates as of September 30, 2024, there were 382 licensed
noncommercial educational (NCE) television stations, 379 Class A TV
stations, 1,812 LPTV stations and 3,092 TV translator stations. The
Commission, however, does not compile and otherwise does not have
access to financial information for these television broadcast stations
that would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of these television station licensees, we
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
54. The NPRM proposes to amend existing rules to better reflect
current application processing requirements, clarify and harmonize
provisions, and remove references to outdated procedures and legacy
filing systems. Some of these rule changes may require new or modified
reporting, recordkeeping, or compliance obligations for small and other
broadcasters, as detailed below.
55. The proposed rules will eliminate the requirement that an AM
station requesting to increase power must propose at least a 20%
increase in the station's nominal power. This change will provide
small, AM broadcasters greater flexibility and allow for new
opportunities for stations to optimize their operations. The NPRM also
proposes to codify the processing procedures for LPFM minor
modification applications, thereby creating consistency in the language
in the rules on how these modifications are processed across different
FM classes. The proposed rules also revise the minimum distance
separation requirements for new and modified LPFM applications to
explain which applications must be protected, define ``authorized
station,'' and clarify that a public notice that just announces the
filing window dates will not serve to terminate protection requirements
for prior-filed applications. The NPRM further defines the acceptance
public notice, which triggers the local public notice obligations for
applicants for new NCE FM, NCE TV, or LPFM construction permits, many
of whom are small entities. The proposed rules also removes language
providing that an initial STA required by technical or equipment
problems may only be granted for 90 days with a limited number of 90-
day extensions, rather than the full 180-day period, which would ease
the regulatory burden on small entities.
56. In addition, the NPRM proposes to expand the definition of who
may sign a certification beyond an officer of the corporation, a
partner in the partnership, or a member who is an officer of the
unincorporated association, to include a ``duly authorized employee,''
similar to rules used by other bureaus and offices that allow for
directors and authorized employees to sign applications and amendments
for the organization. The rules also propose to revise the informal
objection rule, requiring that informal objections be served upon the
applicant as well as limiting the number of pleadings that may be filed
in response to an informal objection to one objection and one reply.
The proposed service requirement would result in a small paperwork
obligation for small and other entities. The minimal burden would be
offset by the benefit of promoting a more efficient resolution of
contested proceedings. In the case of an informal objection against an
application for renewal of license, an opposition must be filed within
30 days after the informal objection is filed, and replies would be due
within 20 days after the opposition is due or within 20 days after the
opposition is filed, whichever occurs later. For all other pleadings,
the NPRM proposes that an opposition must be filed by the applicant
within 10 days after the informal objection is filed and a reply filed
by the objector within five days after the opposition is due or within
five days after the opposition is filed, whichever occurs later.
57. We believe these revisions will make the rules more transparent
and accessible to small entities and thus reduce the need for
professional services such as expert engineering or legal assistance
with compliance and reporting requirements. We anticipate the
information we receive in comments, including where requested, cost and
benefit analyses, will help the Commission identify and evaluate
relevant compliance issues impacting small entities, including costs to
hire professionals to comply with these rules, and other burdens that
may result from the proposed revisions in the NPRM.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
58. The RFA requires an agency to describe any alternatives that
could minimize impacts to small entities that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
59. In the NPRM, the Commission considered alternatives such as
retaining the existing rules, while amending other related rules to
further improve the accuracy of the Code of Federal Regulations, many
of which may minimize the impact of the regulations on small
broadcasters. For example, in proposing to revise the signature rule,
we considered whether to permit a ``duly authorized employee'' to sign
for the corporation, partnership or unincorporated association, or, in
the alternative, to maintain our current rules requiring officers,
partners, or members who are officers to sign, which often results in
application dismissals. We also considered whether we should limit this
to specific employees, and how this decision, if adopted, might impact
small broadcasters that may not be represented by counsel. In
considering the proposed revisions to the informal objection rule, we
seek comment on whether we should adopt
[[Page 13440]]
longer times to respond to pleadings than proposed, which may provide
flexibility for small entities.
60. The Commission seeks comment on whether any of the burdens
associated the filing, recordkeeping and reporting requirements
described in the NPRM can be minimized for small entities. The
Commission is open to considering alternatives to the rules proposed in
the NPRM, including but not limited to alternatives that will minimize
significant economic burdens on small and other broadcasters.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
61. None.
V. Ordering Clauses
62. Accordingly, it is ordered that, pursuant to the authority
found in sections 1, 4, 7, 301, 302, 303, 307, 308, 309, 310, 316, 319,
324, and 336 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154, 157, 301, 302, 303, 307, 308, 309, 310, 316, 319, 324, and
336 this Notice of Proposed Rulemaking is adopted.
63. It is further ordered that the Commission's Office of the
Secretary shall send a copy of this Notice of Proposed Rulemaking,
including the Initial Regulatory Flexibility Act Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 1
Administrative Practice and Procedure, Radio, Reporting and
recordkeeping requirements, Television.
47 CFR Parts 73 and 74
Communications equipment, Radio, Reporting and recordkeeping
requirements, Television.
47 CFR Part 76
Television.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 1, 73, 74, and
76 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.
0
2. Amend Sec. 1.401 by revising paragraph (d) to read as follows:
Sec. 1.401 Petitions for rulemaking.
* * * * *
(d) Petitions for amendment of the Table of FM Allotments (Sec.
73.202 of this chapter) or the Table of TV Allotments (Sec. 73.606)
shall be served by petitioner on any Commission licensee or permittee
whose channel assignment would be changed by grant of the petition. The
petition shall be accompanied by a certificate of service on such
licensees or permittees. Petitions to amend the Table of FM Allotments
must be accompanied by the appropriate construction permit application
and payment of the appropriate application filing fee.
* * * * *
0
3. Revise Sec. 1.403 to read as follows:
Sec. 1.403 Notice and availability.
All petitions for rulemaking (other than petitions to amend the
Table of FM Allotments, Table of TV Allotments, and Air-Ground Table of
Assignments) meeting the requirements of Sec. 1.401 will be given a
file number and, promptly thereafter, a ``Public Notice'' will be
issued (by means of a Commission release entitled ``Petitions for Rule
Making Filed'') as to the petition, file number, nature of the
proposal, and date of filing. Petitions for rulemaking are available
through the Commission's Reference Information Center at the FCC's main
office, and electronically at <a href="https://www.fcc.gov">https://www.fcc.gov</a>.
0
4. Amend Sec. 1.420 by:
0
a. Revising the section heading, and paragraphs (a), and (b);
0
b. Redesignating the Note to paragraph (g) as Note 1 to paragraph (g);
0
c. Redesignating Note 1 to paragraph (h) as Note 2 to paragraph (h);
0
d. Revising paragraph (j) introductory text, and the note at the end of
the section.
The revisions read as follows:
Sec. 1.420 Additional procedures in proceedings for amendment of the
Table of FM Allotments, the Table of TV Allotments, or for amendment of
certain FM assignments.
(a) Comments filed in proceedings for amendment of the Table of FM
Allotments (Sec. 73.202 of this chapter) or the Table of TV Allotments
(Sec. 73.622(j) of this chapter) which are initiated on a petition for
rule making shall be served on petitioner by the person who files the
comments.
(b) Reply comments filed in proceedings for amendment of the Table
of FM Allotments or the Table of TV Allotments shall be served on the
person(s) who filed the comments to which the reply is directed.
* * * * *
(j) Whenever an expression of interest in applying for,
constructing, and operating a station has been filed in a proceeding to
amend the Table of FM Allotments or the Table of TV Allotments, and the
filing party seeks to dismiss or withdraw the expression of interest,
either unilaterally or in exchange for financial consideration, that
party must file with the Commission a request for approval of the
dismissal or withdrawal, a copy of any written agreement related to the
dismissal or withdrawal, and an affidavit setting forth:
* * * * *
Note 3 to Sec. 1.420: The reclassification of a Class C station in
accordance with the procedure set forth in Note 4 to Sec. 73.3573 may
be initiated through the filing of an original petition for amendment
of the Table of FM Allotments. The Commission will notify the affected
Class C station licensee of the proposed reclassification by issuing a
notice of proposed rulemaking, except that where a triggering petition
proposes an amendment or amendments to the Table of FM Allotments in
addition to the proposed reclassification, the Commission will issue an
order to show cause as set forth in Note 4 to Sec. 73.3573, and a
notice of proposed rule making will be issued only after the
reclassification issue is resolved. Triggering petitions will be
dismissed upon the filing, rather than the grant, of an acceptable
construction permit application to increase antenna height to at least
451 meters HAAT by a subject Class C station.
0
5. Amend Sec. 1.5000 by revising the third sentence of paragraph (b)
to read as follows:
Sec. 1.5000 Citizenship and filing requirements under section 310(b)
of the Communications Act of 1934, as amended.
* * * * *
(b) * * * Petitions for declaratory ruling required by paragraph
(a) of this section involving broadcast stations only shall be filed
electronically on the internet through the Media Bureau's Licensing and
Management System (LMS) or any successor system thereto when submitted
to the Commission as part of an application for a construction permit,
assignment, or transfer of control of a broadcast license; if there is
no associated construction permit, assignment or transfer of control
application, petitions for declaratory ruling should be filed with the
Office of
[[Page 13441]]
the Secretary via the Commission's Electronic Comment Filing System
(ECFS).
* * * * *
0
6. Amend Sec. 1.5004 by revising the third sentence of paragraph
(d)(2) to read as follows:
Sec. 1.5004 Routine terms and conditions.
* * * * *
(d) * * *
(2) * * * The letter must also reference the licensee's foreign
ownership ruling(s) by ICFS File No. and FCC Record citation, if
available; or, if a broadcast licensee, the letter must reference the
licensee's foreign ownership ruling(s) by LMS File No., Docket No.,
call sign(s), facility identification number(s), and FCC Record
citation, if available. * * *
* * * * *
0
7. Amend Sec. 1.30001 by revising paragraph (d) to read as follows:
Sec. 1.30001 Definitions.
* * * * *
(d) Distance from the AM station. The distance shall be calculated
from the tower coordinates in the case of a nondirectional AM station,
or from the array center coordinates given in LMS or any successor
database for a directional AM station.
0
8. Amend Sec. 1.30004 by revising the second sentence of paragraph (a)
to read as follows:
Sec. 1.30004 Notice of tower construction or modification near AM
stations.
(a) * * * Notice shall be provided to any AM station that is
licensed or operating under Program Test Authority using the official
licensee information and address listed in LMS or any successor
database. * * *
* * * * *
PART 73--RADIO BROADCAST SERVICES
0
9. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
10. Amend Sec. 73.30 by revising paragraph (c) and redesignating notes
1 through 5 as notes 1 through 5 to Sec. 73.30.
The revision reads as follows:
Sec. 73.30 Petition for authorization of an allotment in the 1605-
1705 kHz band.
* * * * *
(c) If awarded an allotment, a petitioner will have sixty (60) days
from the date of public notice of selection to file an application for
construction permit on FCC Form 2100, Schedule 301. (See Sec. Sec.
73.24 and 73.37(e) for filing requirements). Unless instructed by the
Commission to do otherwise, the application shall specify Model I
facilities. (See Sec. 73.14). Upon grant of the application and
subsequent construction of the authorized facility, the applicant must
file a license application on FCC Form 2100, Schedule 302.
* * * * *
0
11. Amend Sec. 73.37 by revising paragraph (c) to read as follows:
Sec. 73.37 Applications for broadcast facilities, showing required.
* * * * *
(c) If otherwise consistent with the public interest, an
application requesting an increase in the daytime power of an existing
Class C station on a local channel from 250 watts to a maximum of 1kW,
or from 100 watts to a maximum of 500 watts, may be granted
notwithstanding overlap prohibited by paragraph (a) of this section. In
the case of a 100 watt Class C station increasing daytime power, the
provisions of this paragraph shall not be construed to permit an
increase in power to more than 500 watts, if prohibited overlap would
be involved, even if successive applications should be filed.
* * * * *
0
12. Amend Sec. 73.45 by revising paragraph (d)(1) to read as follows:
Sec. 73.45 AM antenna systems.
* * * * *
(d) * * *
(1) Whenever the measurements show that the antenna or common point
resistance differs from that shown on the station authorization by more
than 2%, FCC Form 2100, Schedule 302 must be filed with the information
and measurement data specified in Sec. 73.54(d).
* * * * *
0
13. Amend Sec. 73.51 by revising paragraph (c) introductory text to
read as follows:
Sec. 73.51 Determining operating power.
* * * * *
(c) Applications for authority to operate with antenna input power
which is less than nominal power and/or to employ a dissipative network
in the antenna system shall be made on FCC Form 2100, Schedule 302. The
technical information supplied on section II-A of this form shall be
that applying to the proposed conditions of operation. In addition, the
following information shall be furnished, as pertinent:
* * * * *
0
14. Amend Sec. 73.202 by revising the third sentence of paragraph (a)
introductory text to read as follows:
Sec. 73.202 Table of Allotments.
(a) * * * Channels to which licensed, permitted, and ``reserved''
facilities have been assigned are reflected in the Media Bureau's
publicly available Licensing and Management System.
* * * * *
0
15. Amend Sec. 73.311 by revising paragraph (a) to read as follows:
Sec. 73.311 Field strength contours.
(a) Applications for FM broadcast authorizations must show the
field strength contours required by FCC Form 2100, Schedule 301 or 340,
as appropriate.
* * * * *
0
16. Amend Sec. 73.512 by revising paragraph (a) introductory text to
read as follows:
Sec. 73.512 Special procedures applicable to Class D noncommercial
educational stations.
(a) All Class D stations seeking renewal of license for any term
expiring June 1, 1980, or thereafter shall comply with the requirements
set forth below and shall simultaneously file an application on FCC
Form 2100, Schedule 340, containing full information regarding such
compliance with the provisions set forth in paragraphs (a)(1) through
(3) of this section.
* * * * *
0
17. Amend Sec. 73.625 by revising the second sentence of paragraph
(c)(4)(i) to read as follows:
Sec. 73.625 TV antenna system.
* * * * *
(c) * * *
(4) * * *
(i) * * * A formal application (FCC Form 2100, Schedule 301, or FCC
Form 2100, Schedule 340 for a noncommercial educational station) will
be required if the proposal involves substantial change in the physical
height or radiation characteristics of the AM broadcast antennas;
otherwise an informal application will be acceptable.
* * * * *
0
18. Amend Sec. 73.807 by:
0
a. Revising paragraph (a)(1) introductory text and designating the
table as Table 1 to paragraph (a)(1);
0
b. Designating the table in paragraph (b) as Table 2 to paragraph (b);
0
c. Revising (c) introductory text and designating the table as Table 3
to paragraph (c); and
0
d. Designating the table in paragraph (g)(1) as Table 4 to paragraph
(g)(1) and
[[Page 13442]]
the table in paragraph (g)(2) as Table 5 to paragraph (g)(2).
The revisions read as follows:
Sec. 73.807 Minimum distance separation between stations.
* * * * *
(a) * * *
(1) An LPFM station will not be authorized initially unless the
minimum distance separations in the following table are met with
respect to authorized FM stations, applications for new and existing FM
stations filed prior to the release of the public notice announcing the
filing procedures for the LPFM window period, authorized LPFM stations,
LPFM station applications that were timely-filed within a previous
window, and vacant FM allotments. The term authorized [FM or LPFM]
station means the FM or LPFM station currently holds a granted
construction permit and/or a granted license. LPFM modification
applications must either meet the distance separations in the following
table or, if short-spaced, not lessen the spacing to subsequently
authorized stations.
* * * * *
(c) In addition to meeting the separations specified in paragraphs
(a) and (b) of this section, LPFM applications must meet the minimum
separation requirements in the following table with respect to
authorized FM translator stations, and FM translator applications filed
prior to the release of the Public Notice announcing the filing
procedures for the LPFM window period. The term authorized FM
translator station means the FM translator station currently holds a
granted construction permit and/or a granted license.
* * * * *
0
19. Amend Sec. 73.870 by revising paragraph (e) to read as follows:
Sec. 73.870 Processing of LPFM broadcast station applications.
* * * * *
(e) Minor change LPFM applications must meet all technical and
legal requirements applicable to new LPFM station applications. Such
applications may be filed at any time, unless restricted by the staff,
and generally, will be processed on a ``first come/first served''
basis, with the first acceptable application cutting off the filing
rights of subsequent, competing applicants. The FCC will periodically
release a Public Notice listing those applications accepted for filing.
Applications received on the same day will be treated as simultaneously
filed and, if they are found to be mutually exclusive, must be resolved
through settlement or technical amendment. Conflicting applications
received after the filing of the first acceptable application will be
grouped, according to filing date, behind the lead application in the
queue. The priority rights of the lead applicant, against all other
applicants, are determined by the date of filing, but the filing date
for subsequent conflicting applicants only reserves a place in the
queue. The right of an applicant in a queue ripens only upon a final
determination that the lead applicant is unacceptable and that the
queue member is reached and found acceptable. The queue will remain
behind the lead applicant until the construction permit is finally
granted, at which time the queue dissolves.
* * * * *
0
20. Amend Sec. 73.872 by revising paragraphs (a) and (b)(1) to read as
follows:
Sec. 73.872 Selection procedure for mutually exclusive LPFM
applications.
(a) Following the close of each window for new LPFM stations and
for modifications in the facilities of authorized LPFM stations, the
Commission will issue a public notice identifying all groups of
mutually exclusive applications. Such applications will be awarded
points to determine the tentative selectee. Unless resolved by
settlement pursuant to paragraph (e) of this section, the tentative
selectee will be the applicant within each group with the highest point
total under the procedure set forth in this section, except as provided
in paragraphs (c) and (d) of this section. Acceptance for filing of a
tentative selectee's application in the LPFM Mutually Exclusive
Tentative Selectee Order or Public Notice, or an equivalent Order,
triggers the applicant's local public notice obligation under Sec.
73.3580.
* * * * *
(b) * * *
(1) Established community presence. An applicant must, for a period
of at least two years prior to application and at all times thereafter,
have qualified as local pursuant to Sec. 73.853(b). Applicants
claiming a point for this criterion must submit any documentation
specified in FCC Form 2100, Schedule 318 at the time of filing their
applications.
* * * * *
0
21. Amend Sec. 73.875 by revising paragraph (b) introductory text and
the second sentence of paragraph (c) introductory text to read as
follows:
Sec. 73.875 Modification of transmission systems.
* * * * *
(b) The following changes may be made only after the grant of a
construction permit application on FCC Form 2100, Schedule 318.
* * * * *
(c) * * * A modification of license application (FCC Form 2100,
Schedule 319) must be submitted to the Commission within 10 days of
commencing program test operations pursuant to Sec. 73.1620. * * *
* * * * *
0
22. Amend Sec. 73.1020 by revising paragraph (b) to read as follows:
Sec. 73.1020 Station license period.
* * * * *
(b) For the deadline for filing petitions to deny renewal
applications, see Sec. 73.3584(f).
* * * * *
0
23. Amend Sec. 73.1635 by revising paragraph (a)(4) to read as
follows:
Sec. 73.1635 Special temporary authorizations (STA).
(a) * * *
(4) An STA may be granted for an initial period not to exceed 180
days. A limited number of extensions of such authorizations may be
granted for additional periods not exceeding 180 days per extension.
The permittee or licensee must demonstrate that any further extensions
requested are necessary and that all steps to resume normal operation
are being undertaken in an expeditious and timely fashion. The license
of a broadcasting station that fails to transmit broadcast signals for
any consecutive 12-month period expires as a matter of law at the end
of that period, notwithstanding any STA or provision, term, or
condition of the license to the contrary.
* * * * *
0
24. Amend Sec. 73.1670 by revising paragraph (b) to read as follows:
Sec. 73.1670 Auxiliary transmitters.
* * * * *
(b) Authorization to install an auxiliary transmitter for use with
other than the main antenna or authorized auxiliary antenna must be
obtained by filing an application for a construction permit on FCC Form
2100, Schedule 301 (FCC Form 2100, Schedule 340 for noncommercial
educational stations).
* * * * *
0
25. Amend Sec. 73.1690 by revising the first sentence of paragraph
(c)(9) to read as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(c) * * *
[[Page 13443]]
(9) The licensee of an AM, FM, or TV commercial station may propose
to change from commercial to noncommercial educational on a
modification of license application, provided that the application
contains the completed Eligibility Certifications and Financial
sections from FCC Form 2100, Schedule 340. * * *
* * * * *
0
26. Amend Sec. 73.3513 by revising paragraph (a)(3) and adding
paragraph (e) to read as follows:
Sec. 73.3513 Signing of applications.
(a) * * *
(3) Corporation. An officer, director, or duly authorized employee,
if the applicant is a corporation.
* * * * *
(e) The Commission only accepts electronic applications. An
electronic application is ``signed'' when there is an electronic
signature. An electronic signature is the typed name of the person
``signing'' the application, which is then electronically transmitted
via LMS.
Sec. 73.3516 [Amended]
0
27. Amend Sec. 73.3516 by removing paragraph (e).
Sec. 73.3522 [Amended]
0
28. Amend Sec. 73.3522 by removing the note 1:
0
29. Amend Sec. 73.3526 by revising paragraphs (e)(2) and (4),
redesignating paragraphs (e)(18)(1) and (2) as paragraphs (e)(18)(i)
and (ii), and revising paragraphs (f)(1) and (2).
The revisions read as follows:
Sec. 73.3526 Online public inspection file of commercial stations.
* * * * *
(e) * * *
(2) Applications and related materials. A copy of any application
filed with the FCC, together with all related material, and copies of
Initial Decisions and Final Decisions in hearing cases pertaining
thereto. If petitions to deny are filed against the application and
have been served on the applicant, a statement that such a petition has
been filed shall be maintained in the file together with the name and
address of the party filing the petition. Applications shall be
retained in the public inspection file until final action has been
taken on the application, except that applications for a new
construction permit granted pursuant to a waiver showing and
applications for assignment or transfer of license granted pursuant to
a waiver showing shall be retained for as long as the waiver is in
effect. In addition, license renewal applications granted on a short-
term basis shall be retained until final action has been taken on the
license renewal application filed immediately following the shortened
license term.
* * * * *
(4) Contour maps. A copy of any service contour maps, submitted
with any application filed with the FCC, together with any other
information in the application showing service contours and/or
transmitter location (State, county, city, street address, or other
identifying information). These documents shall be retained for as long
as they reflect current, accurate information regarding the station.
* * * * *
(f) * * *
(1) For purposes of this section, action taken on an application
filed with the FCC becomes final when that action is no longer subject
to reconsideration, review, or appeal either at the FCC or in the
courts.
(2) For purposes of this section, the term ``all related material''
includes all exhibits, letters, and other documents filed with the FCC
as part of an application, report, or other document, all amendments to
the application, report, or other document, copies of all documents
incorporated therein by reference and not already maintained in the
public inspection file, and all correspondence between the FCC and the
applicant pertaining to the application, report, or other document,
which according to the provisions of Sec. Sec. 0.451 through 0.461 of
this chapter are open for public inspection at the offices of the FCC.
0
30. Amend Sec. 73.3527 by revising paragraphs (e)(2) and (3) and
(f)(1) and (2) to read as follows:
Sec. 73.3527 Online public inspection file of noncommercial
educational stations.
* * * * *
(e) * * *
(2) Applications and related materials. A copy of any application
filed with the FCC, together with all related material, including
supporting documentation of any points claimed in the application
pursuant to Sec. 73.7003, and copies of FCC decisions pertaining
thereto. If petitions to deny are filed against the application and
have been served on the applicant, a statement that such a petition has
been filed shall be maintained in the file together with the name and
address of the party filing the petition. Applications shall be
retained in the public inspection file until final action has been
taken on the application, except that applications for a new
construction permit granted pursuant to a waiver showing and
applications for assignment or transfer of license granted pursuant to
a waiver showing shall be retained for as long as the waiver is in
effect. In addition, license renewal applications granted on a short-
term basis shall be retained until final action has been taken on the
license renewal application filed immediately following the shortened
license term.
(3) Contour maps. A copy of any service contour maps, submitted
with any application filed with the FCC, together with any other
information in the application showing service contours and/or
transmitter location (State, county, city, street address, or other
identifying information). These documents shall be retained for as long
as they reflect current, accurate information regarding the station.
* * * * *
(f) * * *
(1) For purposes of this section, a decision made with respect to
an application filed with the FCC becomes final when that decision is
no longer subject to reconsideration, review, or appeal either at the
FCC or in the courts.
(2) For purposes of this section, the term ``all related material''
includes all exhibits, letters, and other documents filed with the FCC
as part of an application, report, or other document, all amendments to
the application, report, or other document, copies of all documents
incorporated therein by reference and not already maintained in the
public inspection file, and all correspondence between the FCC and the
applicant pertaining to the application, report, or other document,
which according to the provisions of Sec. Sec. 0.451 through 0.461 of
this chapter are open for public inspection at the offices of the FCC.
0
31. Amend Sec. 73.3564 by revising paragraphs (a)(1) and (3), (c), and
(e) to read as follows:
Sec. 73.3564 Acceptance of applications.
(a)(1) Applications are dated upon filing in LMS. Except for
applications for minor modifications of facilities in the non-reserved
FM band, as defined in Sec. 73.3573(a)(2), long form applications
subject to the provisions of Sec. 73.5005 found to be complete or
substantially complete are accepted for filing and are given file
numbers. In the case of minor defects as to completeness, a deficiency
letter will be issued and the applicant will be required to supply the
missing or corrective information. Applications that are not
substantially complete will not be considered and will be returned to
the applicant.
* * * * *
[[Page 13444]]
(3) Applications found not to meet minimum filing requirements will
be returned to the applicant. Applications found to meet minimum filing
requirements, but that contain deficiencies, shall be given an
opportunity for corrective amendment pursuant to 73.3522. Applications
found to be substantially complete and in accordance with the
Commission's core legal and technical requirements will be accepted for
filing. Applications with uncorrected defects remaining after the
opportunity for corrective amendment will be dismissed with no further
opportunity for amendment.
* * * * *
(c) At regular intervals, the FCC will issue a Public Notice
listing all long form applications which have been accepted for filing.
Pursuant to Sec. Sec. 73.3571(h), 73.3572, and 73.3573(f), such notice
shall establish a cut-off date for the filing of petitions to deny.
However, no application will be accepted for filing unless
certification of compliance with the local notice requirements of Sec.
73.3580(h) has been made in the tendered application.
* * * * *
(e) Applications for minor modification of facilities may be filed
at any time, unless restricted by the FCC. These applications will be
processed on a ``first come/first served'' basis and will be treated as
simultaneously filed if filed on the same day. Any applications
received after the filing of a lead application will be grouped
according to filing date, and placed in a queue behind the lead
applicant. The FCC will periodically release a Public Notice listing
those minor modification of facilities applications accepted for
filing.
* * * * *
0
32. Amend Sec. 73.3571 by:
0
a. Revising paragraph (e);
0
b. Adding paragraph (h)(1)(ii)(D); and
0
c. Removing the note to Sec. 73.3571.
The revision and addition read as follows:
Sec. 73.3571 Processing of AM broadcast station applications.
* * * * *
(e) The following special procedures will be followed in
authorizing Class D daytime-only stations on 940 and 1550 kHz, and
Class D daytime-only stations on the 41 regional channels listed in
Sec. 73.26(a), to operate unlimited-time.
(1) Each eligible daytime-only station in the foregoing categories
will receive an Order to Show Cause why its license should not be
modified to specify operation during nighttime hours with the
facilities it is licensed to start using at local sunrise, using the
power stated in the Order to Show Cause, that the Commission finds is
the highest nighttime level--not exceeding 0.5 kW--at which the station
could operate without causing prohibited interference to other domestic
or foreign stations, or to co-channel or adjacent channel stations for
which pending applications were filed before December 1, 1987.
(2) Stations accepting such modification shall be reclassified.
Those authorized in such Show Cause Orders to operate during nighttime
hours with a power of 0.25 kW or more, or with a power that, although
less than 0.25 kW, is sufficient to enable them to attain an equivalent
RMS field strength of at least 107.5 mV/m at 1 kilometer, shall be
redesignated as Class B stations if they are assigned to 940 or 1550
kHz, and as unlimited-time Class B stations if they are assigned to
regional channels.
(3) Stations accepting such modification that are authorized to
operate during nighttime hours at powers less than 0.25 kW, and that
cannot with such powers attain an equivalent RMS field strength of less
than 107.5 mV/m at 1 kilometer, shall be redesignated as Class D
stations if they are assigned to 940 or 1550 kHz, and as Class D
stations if they are assigned to regional channels.
(4) Applications for new stations may be filed at any time on 940
and 1550 kHz and on the regional channels. Also, stations assigned to
940 or 1550 kHz, or to the regional channels, may at any time,
regardless of their classifications, apply for power increases up to
the maximum generally permitted. Such applications for new or changed
facilities will be granted without taking into account interference
caused to Class D stations, but will be required to show interference
protection to other classes of stations, including stations that were
previously classified as Class D, but were later reclassified as Class
B unlimited-time stations.
* * * * *
(h) * * *
(1) * * *
(ii) * * *
(D) For purposes of this paragraph (h)(1)(ii), Sec. 73.182(k)
interference standards apply when determining nighttime mutual
exclusivity between applications to provide AM service that are filed
in the same window. Two applications would be deemed to be mutually
exclusive if either application would be subject to dismissal because
it would enter into, i.e., raise, the twenty-five percent exclusion RSS
nighttime limit of the other.
* * * * *
0
33. Amend Sec. 73.3573 by revising paragraph (f)(1) and note 4 to read
as follows:
Sec. 73.3573 Processing FM broadcast station applications.
* * * * *
(f) * * *
(1) Applications for minor modifications for non-reserved FM
broadcast stations, as defined in paragraph (a)(2) of this section, may
be filed at any time, unless restricted by the FCC, and, generally,
will be processed in the order in which they are tendered. The FCC will
periodically release a Public Notice listing those applications
accepted for filing. Processing of these applications will be on a
``first come/first serve'' basis with the first acceptable application
cutting off the filing rights of subsequent applicants. All
applications received on the same day will be treated as simultaneously
filed and, if they are found to be mutually exclusive, must be resolved
through settlement or technical amendment. Applications received after
the filing of a lead application will be grouped, according to filing
date, behind the lead application in a queue. The priority rights of
the lead applicant, as against all other applicants, are determined by
the date of filing, but the filing date for subsequent applicants for
that channel and community only reserves a place in the queue. The
rights of an applicant in a queue ripen only upon a final determination
that the lead applicant is unacceptable and if the queue member is
reached and found acceptable. The queue will remain behind the lead
applicant until a construction permit is finally granted, at which time
the queue dissolves.
* * * * *
Note 4 to Sec. 73.3573: A Class C station operating with antenna
height above average terrain (``HAAT'') of less than 451 meters is
subject to reclassification as a Class C0 station upon the filing of a
triggering application for construction permit that is short-spaced to
such a Class C station under Sec. 73.207 but would be fully spaced to
such a station considered as a Class C0 assignment. Triggering
applications may utilize Sec. 73.215. Triggering applications must
certify that no alternative channel is available for the proposed
service. Available alternative frequencies are limited to frequencies
that the proposed service could use at the specified antenna location
in full compliance with the distance separation requirements of Sec.
73.207, without any other changes to the Table of FM Allotments. Copies
of a triggering application and related pleadings must
[[Page 13445]]
be served on the licensee of the affected Class C station. If the staff
concludes that a triggering application is acceptable for filing, it
will issue an order to show cause why the affected station should not
be reclassified as a Class C0 station The order to show cause will
provide the licensee 30 days to express in writing an intention to seek
authority to modify the subject station's technical facilities to
minimum Class C HAAT or to otherwise challenge the triggering
application. If no such intention is expressed and the triggering
application is not challenged, the subject station will be reclassified
as a Class C0 station, and processing of the triggering application
will be completed. If an intention to modify is expressed, an
additional 180-day period will be provided during which the Class C
station licensee must file an acceptable construction permit
application to increase antenna height to at least 451 meters HAAT.
Upon grant of such a construction permit application, the triggering
application will be dismissed. Class C station licensees must serve on
triggering applicants copies of any FAA submissions related to the
application grant process. If the construction is not completed as
authorized, the subject Class C station will be reclassified
automatically as a Class C0 station. The reclassification procedure
also may be initiated through the filing of an original petition for
rulemaking to amend the Table of FM Allotments as set forth in the Note
to Sec. 1.420(g).
* * * * *
0
34. Amend Sec. 73.3578 by revising paragraph (a) to read as follows:
Sec. 73.3578 Amendments to applications for renewal, assignment or
transfer of control.
(a) Any amendments to an application for renewal of any instrument
of authorization shall be considered to be a minor amendment. However,
the FCC may, within 15 days after filing of any amendment, advise the
applicant that the amendment is considered to be a major amendment and
therefore is subject to the provisions of Sec. 73.3580.
* * * * *
0
35. Amend Sec. 73.3580 by revising paragraphs (a)(1) and (d)(2) to
read as follows:
Sec. 73.3580 Local public notice of filing of broadcast applications.
(a) * * *
(1) Acceptance public notice. A Commission or Bureau public notice
announcing that an application has been accepted for filing, or an
equivalent Order accepting for filing applications from a filing window
under Sec. 73.7002, Sec. 73.7003 or Sec. 73.872.
* * * * *
(d) * * *
(2) Consent to an involuntary assignment or transfer or to a
voluntary assignment or transfer which does not result in a change of
control and which may be applied for on FCC Form 2100, Schedule 316, or
any successor form released in the future, pursuant to the provisions
of Sec. 73.3540(b).
* * * * *
0
36. Amend Sec. 73.3584 by revising paragraphs (a) and (c) and adding
paragraph (f) to read as follows:
Sec. 73.3584 Procedure for filing petitions to deny.
(a) For mutually exclusive applications subject to selection by
competitive bidding (non-reserved channels) or fair distribution/point
system (reserved channels), petitions to deny may be filed only against
the winning bidders or tentative selectee(s), and such petitions will
be governed by Sec. Sec. 73.5006 and 73.7004, respectively. For all
other applications the following rules will govern. Except in the case
of applications for new low power TV and TV translator stations, for
major changes in the existing facilities of such stations, or for
applications for a change in output channel tendered by displaced low
power TV and TV translator stations pursuant to Sec. 73.3572(a)(1),
any party in interest may file with the Commission a Petition to Deny
any application (whether as originally filed or if amended so as to
require a new file number pursuant to Sec. 73.3571(j), Sec.
73.3572(b), Sec. 73.3573(b), Sec. 73.3574(b) or Sec. 73.3578) for
which local notice pursuant to Sec. 73.3580 is required, provided such
petitions are filed prior to the day such applications are granted or
designated for hearing; but where the FCC issues a public notice
pursuant to the provisions of Sec. 73.3571(c), Sec. 73.3572(c) or
Sec. 73.3573(d), establishing a ``cut-off'' date, such petitions must
be filed by the date specified. In the case of applications for
transfers and assignments of construction permits or station licenses,
Petitions to Deny must be filed not later than 30 days after issuance
of a public notice of the acceptance for filing of the applications. In
the case of applications for renewal of license, Petitions to Deny may
be filed at any time up to the deadline established in paragraph (f) of
this section. Requests for extension of time to file Petitions to Deny
applications for new broadcast stations or major changes in the
facilities of existing stations or applications for renewal of license
will not be granted unless all parties concerned, including the
applicant, consent to such requests, or unless a compelling showing can
be made that unusual circumstances make the filing of a timely petition
impossible and the granting of an extension warranted.
* * * * *
(c) In the case of applications for new low power TV and TV
translator stations, for major changes in the existing facilities of
such stations, or for applications for a change in output channel
tendered by displaced low power TV and TV translator stations pursuant
to Sec. 73.3572(a)(1), any party in interest may file with the FCC a
Petition to Deny any application (whether as originally filed or if
amended so as to require a new file number pursuant to Sec.
73.3572(b)) for which local notice pursuant to Sec. 73.3580 is
required, provided such petitions are filed within 30 days of the FCC
Public Notice proposing the application for grant (applicants may file
oppositions within 15 days after the Petition to Deny is filed); but
where the FCC selects a tentative permittee pursuant to Section 1.1601
et seq. of this chapter, Petitions to Deny shall be accepted only if
directed against the tentative selectee and filed after issuance of and
within 15 days of FCC Public Notice announcing the tentative selectee.
The applicant may file an opposition within 15 days after the Petition
to Deny is filed. In cases in which the minimum diversity preference
provided for in Sec. 1.1623(f)(1) of this chapter has been applied, an
``objection to diversity claim'' and opposition thereto, may be filed
against any applicant receiving a diversity preference, within the same
time period provided herein for Petitions and Oppositions. In all
pleadings, allegations of fact or denials thereof shall be supported by
appropriate certification. However, the FCC may announce, by the Public
Notice announcing the acceptance of the last-filed mutually exclusive
application, that a notice of Petition to Deny will be required to be
filed no later than 30 days after issuance of the Public Notice.
* * * * *
(f) A petition to deny an application for renewal of license of an
existing broadcast station will be considered as timely filed if it is
filed by the end of the first day of the last full calendar month of
the expiring license term.
(1) If the license renewal application is not timely filed as
prescribed in Sec. 73.3539, the deadline for filing petitions to deny
thereto is the 90th day after the FCC gives public notice that it has
accepted the late-filed renewal application for filing.
[[Page 13446]]
(2) If any deadline falls on a nonbusiness day, the cutoff shall be
the close of business of the first full business day thereafter.
(3) The dates when the licenses of all broadcast and broadcast
auxiliary services regularly expire are listed in Sec. Sec. 73.733,
73.1020 and 74.15.
0
37. Revise Sec. 73.3587 to read as follows:
Sec. 73.3587 Procedures for filing informal objections.
Before FCC action on any application for an instrument of
authorization, any person may file informal objections to the grant in
LMS. Such objections may be submitted in letter form (without extra
copies), shall include an email address for receiving electronic
service, and shall be signed. The objector must serve a copy of the
objection upon the applicant by mail to the mailing address or
electronically to the email address provided in either the Applicant or
Contact Representatives sections of the application. The limitation on
pleadings in response to the informal objection and time for filing
such responsive pleadings provided for in Sec. 1.45 of this chapter
shall be applicable to any objections duly filed under this section,
except that as to an informal objection against an application for
renewal of license, an opposition thereto may be filed within 30 days
after the informal objection is filed, and the party that filed the
informal objection may reply to the opposition within 20 days after the
opposition is due or within 20 days after the opposition is filed,
whichever is longer. Responsive pleadings must be served by mail to the
mailing address or electronically to the email address provided in the
informal objection or application, as applicable.
0
38. Amend Sec. 73.3591 by revising paragraphs (b) introductory text
and (b)(2) to read as follows:
Sec. 73.3591 Grants without hearing.
* * * * *
(b) In making its determinations pursuant to the provisions of
paragraph (a) of this section, the FCC will not consider any other
application, or any application if amended so as to require a new file
number, as being mutually exclusive or in conflict with the application
under consideration unless such other application was substantially
complete, and filed by:
* * * * *
(2) The date prescribed in Sec. 73.3584(f) in the case of
applications which are mutually exclusive with applications for renewal
of license of broadcast stations; or
* * * * *
0
39. Amend Sec. 73.3597 by revising paragraph (b)(2) to read as
follows:
Sec. 73.3597 Procedures on transfer and assignment applications.
* * * * *
(b) * * *
(2) In determining whether the station has been operating on-air
for one year, the FCC will calculate the period between the date of
initiation of program tests (as specified in paragraph (b)(1) of this
section) and the date the application for transfer or assignment is
filed with the FCC.
* * * * *
0
40. Amend Sec. 73.3700 by revising paragraph (b)(5)(iv) and removing
and reserving paragraph (c).
The revision reads as follows:
Sec. 73.3700 Post-incentive auction licensing and operation.
* * * * *
(b) * * *
(5) * * *
(iv) Applications for additional time to complete construction must
be filed electronically in LMS using FCC Form 337 no less than 90 days
before the expiration of the construction permit.
* * * * *
0
41. Amend Sec. 73.3801 by revising paragraph (h)(4)(i) to read as
follows:
Sec. 73.3801 Full power television simulcasting during the ATSC 3.0
(Next Gen TV) transition.
* * * * *
(h) * * *
(4) * * *
(i) Next Gen TV stations must provide notice at least 90 days in
advance of relocating their ATSC 1.0 signals.
* * * * *
0
42. Amend Sec. 73.5002 by revising the second sentence of paragraph
(b) to read as follows:
Sec. 73.5002 Application and certification procedures; return of
mutually exclusive applications not subject to competitive bidding
procedures; prohibition of collusion.
* * * * *
(b) * * * So determinations of mutual exclusivity for auction
purposes can be made, applicants for non-table broadcast services must
also submit the engineering data contained in the appropriate FCC
application FCC Form 2100, Schedule 301, 346, or 349).
* * * * *
0
43. Amend Sec. 73.6029 by revising paragraph (h)(4)(i) to read as
follows:
Sec. 73.6029 Class A television simulcasting during the ATSC 3.0
(Next Gen TV) transition.
* * * * *
(h) * * *
(4) * * *
(i) Next Gen TV stations must provide notice at least 90 days in
advance of relocating their ATSC 1.0 signals.
* * * * *
0
44. Amend Sec. 73.7002 by revising paragraph (b) to read as follows:
Sec. 73.7002 Fair distribution of service on reserved band FM
channels.
* * * * *
(b) In an analysis performed pursuant to paragraph (a) of this
section, a full-service FM applicant that identifies itself as a Tribal
Applicant, that proposes Tribal Coverage, and that proposes the first
reserved channel NCE service owned by any Tribal Applicant at a
community of license located on Tribal Lands, will be awarded a
construction permit. If two or more full-service FM applicants identify
themselves as Tribal Applicants and meet the above criteria, the
applicant providing the most people with reserved channel NCE service
to Tribal Lands will be awarded a construction permit, regardless of
the magnitude of the superior service or the populations of the
communities of license proposed, if different. If two or more full-
service FM applicants identifying themselves as Tribal Applicants each
meet the above criteria and propose identical levels of NCE aural
service to Tribal Lands, only those applicants shall proceed to be
considered together in a point system analysis. In an analysis
performed pursuant to paragraph (a) of this section that does not
include a Tribal Applicant, a full service FM applicant that will
provide the first or second reserved channel noncommercial educational
(NCE) aural signal received by at least 10% of the population within
the station's 60dBu (1mV/m) service contours will be considered to
substantially further fair distribution of service goals and to be
superior to mutually exclusive applicants not proposing that level of
service, provided that such service to fewer than 2,000 people will be
considered insignificant. First service to 2,000 or more people will be
considered superior to second service to a population of any size. If
only one applicant will provide such first or second service, that
applicant will be selected as a threshold matter. If more than one
applicant will provide an equivalent level (first or second) of NCE
aural service, the size of the population to receive such service from
the mutually exclusive applicants will be compared. The applicant
providing the most people with the highest level of service will be
awarded a construction permit, if it will provide such service to
[[Page 13447]]
5,000 or more people than the next best applicant. If none of the
applicants in a mutually exclusive group would substantially further
fair distribution goals, all applicants will proceed to examination
under a point system. If two or more applicants will provide the same
level of service to an equivalent number of people (differing by less
than 5,000), only those equivalent applicants will be considered
together in a point system. Acceptance for filing of a tentative
selectee's application in a Threshold Fair Distribution of Service
Order, or an equivalent Order, triggers the applicant's local public
notice obligation under Sec. 73.3580.
* * * * *
0
45. Amend Sec. 73.7003 by revising paragraph (a) to read as follows:
Sec. 73.7003 Point system selection procedures.
(a) If timely filed applications for reserved FM channels or
reserved TV channels are determined to be mutually exclusive,
applications will be processed and assessed points to determine the
tentative selectee for the particular channels. The tentative selectee
will be the applicant with the highest point total under the procedure
set forth in this section and will be awarded the requested permit if
the Commission determines that an award will serve the public interest,
convenience, and necessity. Acceptance for filing of a tentative
selectee's application in an NCE Comparative Points Order, or an
equivalent Order, determined under this section triggers the
applicant's local public notice obligation under Sec. 73.3580.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
46. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336
and 554.
0
47. Amend Sec. 74.782 by revising paragraph (i)(4)(i) to read as
follows:
Sec. 74.782 Low power television and TV translator simulcasting
during the ATSC 3.0 (Next Gen TV) transition.
* * * * *
(i) * * *
(4) * * *
(i) Next Gen TV stations must provide notice at least 90 days in
advance of relocating their ATSC 1.0 signals.
* * * * *
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
48. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 335, 338, 339, 340, 341,
503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545,
548, 549, 552, 554, 556, 558, 560, 561, 562, 571, 572, 573.
0
49. Amend Sec. 76.66 by revising paragraph (d)(2)(ii) to read as
follows:
Sec. 76.66 Satellite broadcast signal carriage.
* * * * *
(d) * * *
(2) * * *
(ii) Except as provided in this paragraph (d)(2)(ii), satellite
carriers shall transmit the notices required by paragraph (d)(2)(i) of
this section via certified mail to the address for such television
station licensee listed in the Licensing and Management System
maintained by the Commission. After July 31, 2020, the written notices
required by paragraphs (d)(1)(vi), (d)(2)(i), (v), and (vi),
(d)(3)(iv), (d)(5)(i), (f)(3) and (4), and (h)(5) of this section shall
be delivered electronically via email to the email address for
carriage-related questions that the station lists in its public file in
accordance with Sec. Sec. 73.3526 and 73.3527 of this subchapter.
* * * * *
[FR Doc. 2025-03115 Filed 3-21-25; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on March 24, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.