Rule2026-10008
Broadcast Station Rule Updates
Primary source
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
May 19, 2026
Effective
June 18, 2026
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or FCC) adopts updates to several 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and TV rules to better reflect current application processing requirements, clarify ambiguity, and remove references to outdated procedures and legacy filing systems.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.
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[Federal Register Volume 91, Number 96 (Tuesday, May 19, 2026)]
[Rules and Regulations]
[Pages 29037-29051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10008]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 91, No. 96 / Tuesday, May 19, 2026 / Rules
and Regulations
[[Page 29037]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 73, 74, and 76
[MB Docket No. 24-626; GN Docket No. 25-133; FCC 26-14; FR ID 346480]
Broadcast Station Rule Updates
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) adopts updates to several 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clarify ambiguity, and remove references to outdated procedures and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: Effective June 18, 2026.
FOR FURTHER INFORMATION CONTACT: Ariane Rangel, Audio Division, Media
Bureau at <a href="/cdn-cgi/l/email-protection#d392a1bab2bdb6fd81b2bdb4b6bf93b5b0b0fdb4bca5"><span class="__cf_email__" data-cfemail="6524170c040b004b37040b020009250306064b020a13">[email protected]</span></a> or (202) 418-4036, or Lisa Scanlan,
Audio Division, Media Bureau at <a href="/cdn-cgi/l/email-protection#531f3a20327d0030323d3f323d133530307d343c25"><span class="__cf_email__" data-cfemail="4c00253f2d621f2f2d22202d220c2a2f2f622b233a">[email protected]</span></a> or (202) 418-2704.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), in MB Docket No. 24-626; GN Docket No. 25-133; FCC 26-
14, adopted and released on March 25, 2026. 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-26-14A1.pdf">https://docs.fcc.gov/public/attachments/FCC-26-14A1.pdf</a>.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format) by sending an
email to <a href="/cdn-cgi/l/email-protection#04626767313430446267672a636b72"><span class="__cf_email__" data-cfemail="e2848181d7d2d6a2848181cc858d94">[email protected]</span></a> or calling the Commission's Consumer and
Government Affairs Bureau at (202) 418-0503.
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980,
as amended (RFA) requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' Accordingly, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in the R&O on small entities. The FRFA is set forth
in Appendix B of the R&O.
Paperwork Reduction Act of 1995 Analysis. This document contains no
new or modified information collection requirements.
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of the R&O to Congress and the Government
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Synopsis
I. Introduction
1. In the Report and Order (R&O) adopted and released on March 25,
2026, the Commission revises various broadcast radio and television
regulations in parts 1, 73, 74 and 76 of title 47 of the CFR. The R&O
updates rules to best reflect current application processing
requirements, codify existing Media Bureau (Bureau) practices, and
remove references to outdated licensing procedures. These revisions
further the Commission's continued effort to remove rules and processes
that are no longer necessary, and ensure that our rules are clear and
functional for licensees and the public.
II. Background
2. This R&O continues our efforts to update broadcast radio and
television rules. In response to the Notice of Proposed Rulemaking
(NPRM), FCC 24-126, 90 FR 13432, we received comments and replies from
broadcast industry stakeholders who overwhelmingly support the majority
of the proposed changes. We received mixed comments in response to our
proposal to harmonize processing procedures for minor change LPFM
applications with the current processing procedures for minor change
full service FM and FM translator applications, and in response to our
proposal to revise the informal objection rule to require service of
pleadings upon the relevant applicant and objector, limit the number of
responsive pleadings, and impose filing deadlines. As detailed below,
we adopt 13 of the proposals set out in the NPRM and decline to adopt
the two remaining proposals.
III. Discussion
A. Replace References to CDBS With References to LMS
3. We 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.
B. Update Form Names
4. We 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 from outdated form designations used in CDBS, such as ``FCC
Form 301,'' to conform to current conventions used in LMS such as ``FCC
Form 2100, Schedule 301.''
C. Change Table of Assignments/Allotments References To Conform to
Existing Language
5. We update inconsistent terminology in Rule references to the
tables governing FM and TV allotments, by amending Sec. Sec. 1.401,
1.403, 1.420, and 73.3573 to correspond with the standard language used
in Sec. Sec. 73.202, 73.606, and 73.622; and change references in
these sections from ``FM Table of Allotments'' to ``Table of FM
Allotments;'' from ``TV Table of Allotments'' to ``Table of TV
Allotments;'' from ``FM Table of Assignments'' to ``Table of FM
Allotments;'' and from ``TV Table of Assignments'' to ``Table of TV
Allotments.''
D. Eliminate Sec. 73.503(g), the 2021 NCE FM Window Application Cap
6. In the NPRM, we proposed to eliminate the 10 application cap on
the number of applications each applicant
[[Page 29038]]
could submit in the 2021 NCE FM filing window, as mandated in Sec.
73.503(g) of the Commission's rules. While the filing window has
passed, several applications remain pending from the 2021 NCE FM
window. We therefore delegate authority to the Bureau to remove Sec.
73.503(g) from our rules once the applications are final and therefore
no longer subject to reconsideration or administrative or judicial
review.
E. Eliminate AM Station Power Increase Restrictions
7. We update our rules for AM station power increases to eliminate
the requirement that stations request at least a 20% increase in
nominal power; and update AM station classifications to conform to
current classifications used in the Class B and Class D definitions in
Sec. 73.21(a)(2) and (3) of our rules and international agreements. We
amend Sec. 73.3571(e)(1) through (4), to reflect these changes. We
also relocate the Note to the text of Sec. 73.3571, to conform with
publishing conventions of the National Archives and Records
Administration's Office of the Federal Register.
F. Post-Incentive Auction Viewer and MVPD Notification Requirements
8. We remove obsolete rule language and notice requirements that
had been adopted to implement the broadcast television spectrum
incentive auction. Because the post-incentive auction transition period
concluded on July 3, 2020, post-incentive auction notice provisions are
now outdated. We delete the post-incentive auction transition consumer
notification requirements in Sec. 73.3700(c) and revise the MVPD
notice provisions for ATSC 3.0 stations in Sec. Sec. 73.3801(h)(4)(i),
73.6029(h)(4)(i), and 74.782(i)(4)(i) by eliminating the extended
notice period for repacked stations and removing the reference to the
post-incentive auction transition period. In addition, we delete Sec.
73.3700(i), which relates to TV broadcast station operations above
channel 37 (614-698 MHz, the so-called ``600 MHz Band'').
G. Update Sec. 73.870, Processing LPFM Minor Modification Applications
9. We proposed in the NPRM to codify the existing interpretation of
Sec. 73.870(e) that LPFM minor modification applications received on
the same day will be treated as simultaneously filed and, if mutually
exclusive, directed to use engineering solutions and good-faith
negotiation to resolve the mutual exclusivity. We received conflicting
comments in response to the NPRM. While NAB agrees with the NPRM's
proposed approach, pointing out that it would make the processing rules
consistent with treatment of applications in other similar services,
three other commenters oppose the proposal. Several commenters suggest
that we should move to a true first-come, first-served approach based
on the exact time of day an application is received, since application
submission order can be determined using receipt time stamps, a
technical capability not previously available in CDBS but now available
in LMS.
10. REC also suggests that we broaden the scope of commenters'
alternative proposal to apply a receipt time stamp approach to all
other services, rather than just LPFM minor modification applications
received on the same day. While this alternative proposal goes beyond
the scope of the specific rule revisions posed here, we may consider
the proposal in a separate future proceeding in which we can fully
assess implementing time stamp receipt technology in the context of
first-come, first-served procedures for minor modification
applications, not just for the LPFM service, but for all services going
forward.
11. We decline to codify in the Commission's rules the Bureau's
existing interpretation of Sec. 73.870(e) at this time, and the Bureau
should continue to rely on existing precedent, as appropriate, whereby
LPFM minor modification applications received on the same day will be
treated as simultaneously filed and, if mutually exclusive, directed to
use engineering solutions and good-faith negotiation to resolve the
mutual exclusivity.
H. Revisions to Sec. 73.807, Minimum Distance Separation Between
Stations
1. Codification of Definition of the Term ``Authorized'' Station
12. We codify in Sec. 73.807(a) and (c) of the Commission's rules
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.
2. Prior-Filed Application Protections
13. In the NPRM we proposed 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. The NPRM also proposed to
remove the reference to ``cutoff FM translator applications'' as
redundant and potentially confusing.
14. In order to safeguard the integrity of the filing window and
the application filing process, the Bureau must retain flexibility and
discretion to issue multiple public notices, should circumstances
require. More than one public notice may be necessary given the
particularities of future application filing windows. Accordingly, we
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. We clarify that a public notice which simply announces an
upcoming filing window would not terminate protection requirements for
prior-filed applications under Sec. Sec. 73.807(a)(1) and 73.807(c).
We also remove the potentially confusing reference to ``cutoff FM
translator applications'' in Sec. 73.807(c).
I. Revise the Signature Rule
15. In the NPRM, the Commission proposed to: (1) codify the
existing interpretation of the Signature Rule (Sec. 73.3513),
applicable to all broadcast services, that ``directors'' of
corporations may sign applications; (2) 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;'' and (3) clarify that the term ``signed,'' for applications
submitted in LMS, includes an electronic signature.
16. We amend Sec. 73.3513 to codify the existing interpretation of
the Signature Rule that directors of corporations may sign
applications. Prometheus, REC, and Common Frequency all support this
addition, and no commenter opposes it. Accordingly, we adopt the change
as proposed in the NPRM. Next, we clarify that the term ``signed,'' for
applications submitted in LMS, includes an electronic signature. No
commenter opposed this proposal, and we therefore adopt this additional
modification to Sec. 73.3513.
17. The NPRM also proposed to expand the Signature Rule to permit a
corporation, partnership, or unincorporated association to designate a
``duly authorized employee,'' to sign applications or amendments on its
behalf rather than continuing to require a signature from an officer.
Prometheus, Public Broadcasters, and Common Frequency support the
proposal. Prometheus and Public Broadcasters also make additional
suggestions to expand flexibility. REC supports the change only in a
limited circumstance.
[[Page 29039]]
18. Prometheus agrees that the current rule leads to far too many
otherwise qualified organizations having applications dismissed without
an opportunity to amend. In conjunction with its endorsement of
expanding the Signature Rule and allowing ``duly authorized employees''
to sign applications, Prometheus encourages the Commission to define
the term broadly to ``include the part-time, contract, and volunteer
roles often held by nonprofit professionals in corporations,
associations, and other civic and religious organizations.'' Common
Frequency also agrees with the option to designate a ``duly authorized
employee'' to sign applications or amendments, and contends that any
employee of the organization, or in the case of volunteer nonprofits,
any person at the nonprofit with a position title, i.e. ``Executive
Director'' or ``Pastor,'' should have authority to sign and file an
application. Public Broadcasters likewise supports the proposal to
allow duly authorized employee signatures and certifications, but
requests extension of this flexibility to allow duly authorized
employees of governmental entities to sign Commission applications.
19. REC does not generally support expanding the definition of who
may sign an application. It states that the Commission must approach
this issue from a public interest standpoint that maintains the
integrity of the meaning of the signature on the application and the
accountability that goes with it, in order to prevent abuse of process.
REC counters that, for the integrity of the application, the
applicant's organization and the LPFM and NCE broadcast services in
general, in the case of corporations, the application signatory must be
a person with an attributable interest in the applicant entity, such as
an officer or director. However, REC does support allowing a ``duly
authorized employee'' to sign on behalf of a physically disabled board
member.
20. We adopt the proposal 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,''
and we adopt the proposed changes to Sec. 73.3513(a). We also revise
the Signature Rule to allow a ``duly authorized employee'' of a
governmental entity to sign an application. Additionally, in light of
commenters' requests, while we codify the term ``duly authorized
employee,'' we direct the Bureau to interpret the term ``employee''
broadly, as circumstances may require, to take account of all types of
employees (whether paid or unpaid) and the varied roles and positions
that each organization and entity may utilize.
21. To address REC's observation that the majority of the
applications with Signature Rule defects in the 2023 LPFM window were
signed by consultants and technicians that were not under the ``direct
employ of the organization,'' we clarify that the term ``duly
authorized employee'' will therefore not include independent
consultants or other third party professionals outside of the applicant
organization.
22. In response to the NPRM's proposal, commenters also seek an
opportunity to amend or correct Signature Rule violations. REC argues
that if an application is dismissed due to a Signature Rule violation,
that the application should be eligible for nunc pro tunc
reinstatement. We decline to adopt this proposal. We note that the
Commission has found that strict adherence to signature requirements is
critical in holding applicants accountable for the truthfulness and
accuracy of their applications. We anticipate that our broadening of
the definition of who can certify and sign an application to include a
``duly authorized employee'' will significantly decrease the number of
Signature Rule violations and application dismissals. Moreover, we are
directing the Bureau to interpret the term ``employee'' broadly. We
expect that this expanded processing policy will reduce prospective
Signature Rule violations and application signature defects, while at
the same time will safeguard the integrity of the Commission's
processes that the Signature Rule was designed to protect. We therefore
decline to modify the current curative amendment or nunc pro tunc
reinstatement procedures for application dismissals for Signature Rule
violations.
J. Local Public Notice Requirement After Acceptance for Filing
23. The NPRM proposed to codify the established 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 of
our rules 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 current rule provides that the Commission's release of an
``acceptance public notice'' of a newly filed application triggers the
applicant's local public notice obligation. However, the current rule
does not specify all of the ways that the Commission announces
tentative selectees for new NCE FM, NCE TV, and LPFM construction
permits, and accepts the tentative selectees' application for filing,
which can take various forms.
24. Therefore, the NPRM proposal sought to codify the various
scenarios under which certain applications are accepted for filing, for
purposes of triggering an applicant's local public notice obligation,
and proposed to amend Sec. Sec. 73.3580(a)(1), 73.7002(b), 73.7003(a),
and 73.872(a) to indicate that the ``acceptance for filing'' of
tentative selectee(s) in a 307(b) Order, NCE Comparative Points Order,
or LPFM MX Tentative Selectee Order, triggers the applicant's local
public notice obligation in Sec. 73.3580. The NPRM also proposed 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.
25. Accordingly, we: (1) amend Sec. 73.7002(b) to indicate that
the ``acceptance for filing'' of the various tentative selectee(s) in a
307(b) Order triggers the applicant's local public notice obligation;
(2) amend 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;
(3) amend 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; and (4) 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.
K. Remove 90-Day STA Restriction Necessitated by Technical or Equipment
Problems
26. We amend Sec. 73.1635(a)(4) to remove language providing that
an initial 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. We will also correct a typo in the fourth sentence of
paragraph (a)(4) by replacing
[[Page 29040]]
``expeditions'' with ``expeditious.'' No commenters objected to this
change.
L. Remove Obsolete Application Processing Language
27. The NPRM proposed to modify various application processing
rules to remove and/or revise references to application processing
procedures that are no longer used, including, for example, replacing
``tendered for filing'' terminology with ``filed,'' and removing
obsolete paper-filing references.
28. These include: Sec. 73.37(c), which addresses application
requirements for new AM stations; Sec. 73.3516(e), which sets forth
the process for filing a petition to deny during a license renewal
proceeding; Sec. Sec. 73.3526 and 73.3527, which describe required
online public inspection file documents; Sec. 73.3573(f)(1), which
outlines the processing of FM applications; Sec. 73.3578(a), which
concerns amendments to applications; Sec. 73.3591(b), which explains
the processing of applications without a hearing; and Sec.
73.3597(b)(2), which addresses the processing of transfer and
assignment applications. We also delete all obsolete paper-filing
procedure references from Sec. 73.3564(a), and replace the term
``tendered for filing'' with ``filed'' throughout Sec. 73.3564. We
further 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. Lastly, we remove
Note 1 to Sec. 73.3522, which reflects amendment processing procedures
that have been eliminated with the implementation of electronic filing.
We delegate authority to the Bureau to update LMS to display
application statuses based on our rules, including the changes adopted
herein. The Bureau is instructed to issue a Public Notice once the LMS
updates have been completed and explain the system revisions.
M. Redesignate Renewal Application Petition To Deny Rule
29. We consolidate our rules for petitions to deny under a single
rule; Sec. 73.3584. Accordingly, we redesignate the revised Sec.
73.3516(e) as a new paragraph (f) to rule Sec. 73.3584. We also
replace cross-references to current Sec. 73.3516(e) with references to
redesignated Sec. 73.3584(f).
N. Revise the Informal Objection Rule
30. In the NPRM, we proposed to: (1) require that informal
objections and responsive pleadings be served upon the relevant
applicant or objector; (2) limit the type of responsive pleadings that
may be filed; and (3) impose filing deadlines for responsive pleadings
that aligned with the limitations set for responsive pleadings to
petitions to deny.
31. Four commenters support requiring service on the applicant. NAB
argues that a service requirement for informal objections will afford
opportunity for the applicant to respond and will improve staff
processing efficiency without needing to act as an intermediary.
Prometheus agrees that informal objectors should notify the applicant
and every contact representative by email or surface mail. Public
Broadcasters observes that these common-sense updates will provide
clarity and improve organization regarding the procedures. Two
commenters also propose that service be implemented using LMS, via
automatic email notifications to the applicant of any pleadings filed.
32. REC opposes adding any restrictions to the informal objection
process, arguing that: (1) informal objections are a critical tool to
combat gamesmanship; (2) LPFM and NCE community ``watchdogs'' use the
mechanism to maintain application and service integrity; (3) informal
objections allow unsophisticated members of the public to participate
without an attorney; and (4) the service requirement is not in the
public interest because it would create a barrier to stations'
obligation to allow for participation from local listeners. REC also
expresses concern that applicants could exploit procedural requirements
to get informal objections dismissed.
33. We also received mixed comments regarding the proposal to limit
responsive pleading types to one opposition and one reply. REC opposes
limiting responsive pleadings to one opposition and one reply because
new information may occur outside of the proposed deadlines, and
objectors require flexibility with respect to supplemental pleadings.
NAB, Public Broadcasters, and Common Frequency agree with limiting the
type of responsive pleadings allowed to one opposition and one reply.
Similarly, we received mixed support regarding the proposal to
implement filing deadlines for responsive pleadings. REC supports use
of time limits for responsive pleadings, and NAB supports ``appropriate
response timelines,'' but proposes relaxation of the deadlines for
``bona fide'' objections filed by inexperienced parties. Common
Frequency maintains that pleading time restrictions should only apply
to renewal applications, and opposes deadlines for informal objections
filed against non-renewal applications.
34. We are persuaded by the concerns REC raises regarding imposing
new requirements and restrictions on the informal objection process,
and we conclude that the current rule strikes an appropriate balance to
promote critical participation from members of the public in our
application filing and licensing proceedings. We therefore decline to
adopt these specific changes at this time.
IV. Final Regulatory Flexibility Analysis
35. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission (Commission)
incorporated an Initial Regulatory Flexibility Analysis (IRFA) in the
Amendment of Parts 1, 73, 74 and 76 of the Commission's rules to Update
rules Applicable to Broadcast Stations, Notice of Proposed Rulemaking
(NPRM), released in December 2024. The Commission sought written public
comment on the proposals in the NPRM, including comment on the IRFA. No
comments were filed addressing the IRFA; however, we discuss relevant
comments and related proposals that may impact small entities below.
This Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA
and it (or summaries thereof) will be published in the Federal
Register.
A. Need for, and Objectives of, the Proposed Rules
36. The R&O updates the Commission's rules by revising various
broadcast radio and television regulations in parts 1, 73, 74, and 76
of title 47 of the Code of Federal Regulations (CFR). The proposals
adopted therein revise rules to best reflect current application
processing requirements, codify existing Media Bureau (Bureau)
practices, and remove references to outdated licensing procedures.
These revisions further the Commission's continued effort to remove
rules and processes that are no longer necessary, and ensure that our
rules are clear and functional for licensees and the public.
37. Specifically, the R&O: (1) replaces 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; (2) updates rules to correspond to the form
naming conventions used in LMS; (3) changes table of assignments/
allotments references to conform to current standard language; (4)
delegates
[[Page 29041]]
authority to the Bureau to remove a ten application cap adopted for the
2021 Noncommercial (NCE) FM new station application window, upon
finality of the remaining NCE FM applications; (5) updates the AM
station power increase rules to eliminate the requirement that stations
seeking facility modifications request at least a 20% increase in power
and to reflect current AM station classifications and other
administrative updates; (6) updates the TV rules to remove obsolete
language concerning the now-completed incentive auction; (7) codifies
in Sec. 73.807 of the Commission's rules the existing interpretation
of the term ``authorized'' stations to include both licensed stations
and/or granted construction permits; (8) modifies Sec. Sec.
73.807(a)(1) and 73.807(c) of the Commission's rules to clarify that a
low power FM (LPFM) applicant submitting an application in a filing
window for a new construction permit or modification of an existing
LPFM authorization must protect FM, LPFM, and FM translator
applications submitted prior to a public notice announcing the
procedures for an LPFM filing window; (9) modifies the Signature Rule,
which currently states that only officers can sign applications, to
allow a ``duly authorized employee'' to sign, and codifies the existing
rule interpretation that directors may sign applications; (10)
clarifies the rules concerning when an applicant for a new
Noncommercial Educational (NCE) FM, NCE TV, or LPFM construction permit
must give local public notice of its application; (11) removes language
limiting grant of certain Special Temporary Authority (STA) submissions
to 90 days, rather than the full 180-day period permitted for other
reasons; (12) modifies the application processing rules to remove and
revise references to various procedures that are now obsolete; and (13)
consolidates the rules for petitions to deny license renewal
applications under a single rule section.
38. In response to the NPRM, we received comments and replies from
broadcast industry stakeholders who overwhelmingly support the majority
of the proposed changes. We received mixed comments in response to our
proposal to harmonize processing procedures for minor change LPFM
applications with the current processing procedures for minor change
full service FM and FM translator applications, and in response to our
proposal to revise the informal objection rule to require service of
pleadings upon the relevant applicant and objector, limit the number of
responsive pleadings, and impose filing deadlines. While these two
proposals were significant, the record on these proposals is mixed and
lacks clear support from commenters. Therefore we decline to adopt
these two specific changes in the R&O.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
39. Though no comments were filed directly addressing the IRFA, a
number of comments were submitted regarding proposals that may impact
small entities. We received substantive comments for the following five
proposals: (1) updating the AM station power increase rules to
eliminate the requirement that stations seeking facility modifications
request at least a 20% increase in power, and to reflect current AM
station classifications; (2) modifying Sec. Sec. 73.807(a)(1) and
73.807(c) to clarify that an LPFM applicant submitting an application
in a filing window for a new construction permit or modification of an
existing LPFM authorization must protect FM, LPFM, and FM translator
applications submitted prior to a public notice announcing the
procedures for the LPFM filing window; (3) modifying the Signature Rule
to allow a ``duly authorized employee'' to sign, and codifying the
existing rule interpretation that directors may sign applications; (4)
clarifying the rules concerning when an applicant for a new NCE FM, NCE
TV, or LPFM construction permit must give local public notice of its
application; and (5) removing language limiting grant of certain
Special Temporary Authority (STA) submissions to 90 days, rather than
the full 180-day period permitted for other reasons.
40. We received a robust record on these five significant
proposals. For example, Prometheus, REC, and NAB support the AM power
increase rule revisions and agree that the changes would offer
increased flexibility to AM broadcasters. NAB also maintains that
eliminating the 20% minimum increase in power requirement will help AM
stations achieve required community of license coverage, and contribute
to the elimination of minimum efficiency requirements for AM stations.
Commenters largely support codifying the term ``authorized'' to include
both licensed stations and/or granted construction permits as proposed.
REC argued there should only be one public notice released prior to an
LPFM filing window, and that it should contain all of the relevant
window information and filing procedures. NAB argued that a public
notice that only announces future filing window dates should not
trigger the rule's protections. We also received varied responses
regarding our proposed changes to the Signature Rule. Prometheus and
Public Broadcasters support the changes, and feel the term ``duly
authorized employee'' should be interpreted broadly. Public
Broadcasters also requested that it be extended to government entities,
in order to alleviate the burdensome requirement that a high-level
government official must be the signatory. REC opposed our proposed
changes, arguing that the signatory must be a person with a presumed
attributable interest in the application, such as an officer or
director. Prometheus and REC both proposed allowing nunc pro tunc
reinstatement and curative amendments for signature rule violations.
Regarding when an NCE applicant must give local public notice of its
application, REC and Public Broadcasters supported the proposed rule
updates. In addition, Prometheus and REC requested that we update LMS
to display an ``accepted for filing'' application status. Lastly,
commenters support removing the 90-day grant restriction on technical
STAs; NAB agreed that this reduces burdens on both applicants and FCC
staff. Public Broadcasters also agreed it would greatly benefit from
this extension of the STA term, which is more realistic, given the time
it takes to procure and replace technical equipment. We discuss these
proposals and other alternatives that minimize the impact on small
broadcasters in section F.
C. Response to Comments by the Chief Counsel for the Small Business
Administration Office of Advocacy
41. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for the Small Business Administration (SBA) Office of
Advocacy, and also provide a detailed statement of any change made to
the proposed rules as a result of those comments. The Chief Counsel did
not file any comments in response to the proposed rules in this
proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
42. 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 adopted rules. 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''
[[Page 29042]]
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 SBA establishes small business size standards that agencies
are required to use when promulgating regulations relating to small
businesses; agencies may establish alternative size standards for use
in such programs, but must consult and obtain approval from SBA before
doing so.
43. Our actions, over time, may affect small entities that are not
easily categorized at present. We therefore describe three broad groups
of small entities that could be directly affected by our actions. In
general, a small business is an independent business having fewer than
500 employees. These types of small businesses represent 99.9% of all
businesses in the United States, which translates to 34.75 million
businesses. Next, ``small organizations'' are not-for-profit
enterprises that are independently owned and operated and are not
dominant in their field. While we do not have data regarding the number
of non-profits that meet that criteria, over 99 percent of nonprofits
have fewer than 500 employees. Finally, ``small governmental
jurisdictions'' are defined as cities, counties, towns, townships,
villages, school districts, or special districts with populations of
less than fifty thousand. Based on the 2022 U.S. Census of Governments
data, we estimate that at least 48,724 out of 90,835 local government
jurisdictions have a population of less than 50,000.
44. The rules adopted in the R&O will apply to small entities in
the industries identified in the chart below by their six-digit North
American Industry Classification System (NAICS) codes and corresponding
SBA size standard. Based on currently available U.S. Census data
regarding the estimated number of small firms in each identified
industry, we conclude that the adopted rules will impact a substantial
number of small entities. Where available, we also provide additional
information regarding the number of potentially affected entities in
the identified industries below.
Table 1--2022 U.S. Census Bureau Data by NAICS Code
----------------------------------------------------------------------------------------------------------------
Regulated Industry (footnotes
specify potentially affected SBA size Total small
entities within a regulated NAICS code standard Total firms firms % small firms
industry where applicable)
----------------------------------------------------------------------------------------------------------------
Radio Broadcasting Stations... 516110 $47 million..... 2,616 2,136 81.65%
Television Broadcasting 516120 $47 million..... 413 316 76.51%
Stations.
----------------------------------------------------------------------------------------------------------------
Table 2--Broadcast Entity Data
----------------------------------------------------------------------------------------------------------------
Broadcast station owners (as of August 8, 2025) SBA size standard ($47 Million)
----------------------------------------------------------------------------------------------------------------
# commercial % Small
Affected entity licensed Small firms entities
----------------------------------------------------------------------------------------------------------------
Radio Stations (AM & FM) Groups................................. 2,881 2,863 99.38
Television Stations............................................. 171 142 83.04
----------------------------------------------------------------------------------------------------------------
E. Description of Economic Impact and Projected Reporting,
Recordkeeping and Other Compliance Requirements for Small Entities
45. The RFA directs agencies to describe the economic impact of
adopted rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
46. As discussed above, the R&O updates various broadcast radio and
television regulations in Parts 1, 73, 74, and 76 of title 47 the CFR.
The proposals adopted in the R&O amend existing rules to better reflect
current application processing requirements, codify existing Media
Bureau practices, clarify and harmonize rule provisions, and remove
references to outdated procedures and legacy filing systems. These
included, for example, replacing references to the legacy database
system; changing table of allotment references to conform to current
language; updating rules to correspond to the application form naming
conventions used in the new LMS electronic filing system; updating the
TV rules to remove obsolete language concerning the no-completed
incentive auction; codifying the existing interpretation of the term
``authorized stations'' to include both licensed stations and granted
construction permits; and consolidating the rules for petitions to deny
license renewal applications under a single rule section. 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.
47. The other rule revisions do not impose additional reporting
requirements or compliance requirements for small entities, but rather,
reduce and/or clarify compliance burdens. For example, the R&O
eliminates the requirement that an AM station requesting to increase
power must propose at least a 20% increase in the station's nominal
power. Elimination of this requirement will provide AM broadcasters
with greater flexibility and thus allow for new opportunities for
stations to optimize their technical operations. The R&O also revises
the minimum distance separation rule for new and modified LPFM
applications to clarify which prior-filed applications must be
protected; defines an ``authorized station'' that must be protected;
and clarifies that a public notice that just announces the filing
window dates will not serve to terminate protection requirements for
prior-filed applications. These clarifications will help small entities
understand their compliance obligations, thus reducing the amount of
time and financial resources broadcast applicants incur.
[[Page 29043]]
48. The R&O further defines the term ``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 rule currently only addresses an application's
acceptance for filing vis-a-vis a routinely released LMS Public Notice,
but the rule revisions in the Report and Order clarify that certain
types of NCE construction permit applications are ``accepted for
filing'' by Orders and documents other than a standard LMS-issued
Acceptance public notice. While this change simply codifies an existing
interpretation, it will help applicants understand and thus better
comply with their local notice obligations.
49. The R&O 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 permitted for STAs for other reasons, which will ease
the regulatory burden on small entities. Applicants seeking a technical
STA currently have to file STA requests twice as often as applicants
for other STAs--90 days instead of 180 days. However, as commenters
note, station technical problems often require at least 180 days to
order equipment and complete the repairs. Therefore, this revision
allows stations to reduce their STA filing requirements in half.
50. In addition, the R&O expands the definition of who may sign a
certification beyond an officer of the corporation, a partner in the
partnership, a member who is an officer of the unincorporated
association, or a governmental entity 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. This revision will help small entities
avoid signature rule violations, reduce the number of application
dismissals, and avoid excessive costs associated with responding to
petitions to deny.
51. All of the above changes will promote application efficiency
and shorter application processing times. In determining the economic
impact and projected compliance requirements for small and other
entities, in the NPRM, the Commission sought comment on the costs and
benefits associated with the proposals made in the NPRM. However, no
commenters directly addressed this inquiry.
F. Discussion of Steps Taken To Minimize the Significant Economic
Impact on Small Entities, and Significant Alternatives Considered
52. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities. . .including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
53. In the NPRM, the Commission considered alternatives such as
retaining the existing rules, while taking steps to amend other related
rules to further improve the accuracy of the CFR, 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. Public Broadcasters noted that, for
governmental organizations, the current rule is burdensome and requires
signatures from high-level officials in large organizations, which are
often difficult to obtain. We therefore considered adding ``duly
authorized employee'' to the rule defining who may sign on behalf of a
governmental entity applicant. We also considered whether we should
limit ``duly authorized employee'' to specific employees, and how this
decision, if adopted, might impact small broadcasters that may not be
represented by counsel. In the R&O, to minimize the impact on small and
other entities, and to prevent dismissal of applications for signature
rule violations, the Commission now allows duly authorized employees to
sign applications on behalf of partnerships, corporations,
unincorporated associations, and governmental entities. We also
considered updating our processing procedures to allow for curative
amendments or nunc pro tunc reinstatement procedures to remedy
signature rule violations, but ultimately declined to do so because
strict adherence to signature requirements is critical in holding
applicants accountable for the truthfulness and accuracy of their
applications. We anticipate that the increased processing flexibility
for signature rule compliance will ease compliance burdens for small
entities and result in a significant reduction of rule violations.
54. We similarly considered leaving the technical STA filing
requirement at 90 days, but based on comments, decided that revising
the rule, to the allow for the full 180-day period permitted for STAs
for other reasons, would result in fewer burdens and application
processing obligations. NAB agreed with this approach, noting that it
reduces burdens on both applicants and staff. Public Broadcasters also
noted that applicants will greatly benefit from this revision because
the longer term more realistically reflects the time it takes to
procure and replace defective technical equipment. Commenters generally
agreed with our proposal to update the AM station power increase rules
to eliminate the requirement that stations seeking facility
modifications request at least a 20% increase in power, which will
reduce compliance burdens for these small entities.
55. As discussed in section B, REC and NAB proposed certain
modifications to the prior-filed application protections found in
Sec. Sec. 73.807(a)(1) and 73.807(c) of the Commission's rules. We did
not adopt those alternatives because the modifications in the Report
and Order clarify that a public notice, which simply announces an
upcoming filing window, would not terminate protection requirements for
prior-filed applications under the applicable rules.
56. Lastly, we declined to adopt the proposal in the NPRM to codify
the existing interpretation of Sec. 73.870(e) that LPFM minor
modification applications received on the same day will be treated as
simultaneously filed and, if mutually exclusive, directed to use
engineering solutions and good-faith negotiation to resolve the mutual
exclusivity. There was a general lack of support from commenters, with
some alternatively proposing that the Commission move to a true first-
come, first-served approach based on the exact time of day an
application is received. This alternative goes beyond the scope of the
rule revisions posed in this proceeding, and will not be adopted at
this time.
G. Report to Congress
57. The Commission will send a copy of the Report and Order,
including this Final Regulatory Flexibility Analysis, in a report to
Congress pursuant to the Congressional Review Act. In addition, the
Commission will send a copy of the Report and Order, including this
Final Regulatory Flexibility Analysis, to the Chief Counsel for the SBA
Office of Advocacy and will publish a copy of the
[[Page 29044]]
Report and Order, and this Final Regulatory Flexibility Analysis (or
summaries thereof) in the Federal Register.
V. Ordering Clauses
58. 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, 302a, 303, 307, 308, 309, 310, 316, 319, 324, and
336, this Report and Order is adopted and shall become effective 30
days after publication in the Federal Register.
59. 47. It is further 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, 302a, 303, 307, 308, 309, 310, 316, 319, 324, and 336,
the Commission's rules are amended as set forth in Appendix A and such
amendments shall be effective 30 days after publication in the Federal
Register.
60. It is further ordered that the Media Bureau is delegated
authority to remove Sec. 73.503(g) in accordance with the terms set
forth herein.
61. It is further ordered that the Commission's Office of the
Secretary, shall send a copy of this Report and Order, including the
Final Regulatory Flexibility Analysis, to the Chief Counsel for the
Small Business Administration (SBA) Office of Advocacy.
62. It is further ordered that the Office of the Managing Director,
Performance Program Management shall send a copy of this Report and
Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
63. It is further ordered that should no petitions for
reconsideration or petitions for judicial review be timely filed, MB
Docket No. 24-626 shall be terminated, and the docket closed.
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.
Aleta Bowers,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 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. 73.622 of
this chapter) 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 of
this chapter 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 of this chapter, and a notice of
proposed rulemaking 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)(1) to read as follows:
[[Page 29045]]
Sec. 1.5000 Citizenship and filing requirements under section 310(b)
of the Communications Act of 1934, as amended.
* * * * *
(b) * * *
(1) * * * 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 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:
0
a. Revising paragraph (c) and
0
b. Redesignating notes 1 through 5 as note 1 to Sec. 73.30 through
note 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 (c)(1) to read as follows:
Sec. 73.45 AM antenna systems.
* * * * *
(c) * * *
(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 the introductory text of paragraph
(c) 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 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 the introductory text of paragraph
(a) 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.
* * * * *
[[Page 29046]]
(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 the introductory text of paragraph (a)(1) 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 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. 73.872 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
20. 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
21. 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
22. 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
23. 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
24. 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) * * *
(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
25. Amend Sec. 73.3513 by revising paragraphs (a)(2) through (5), and
adding paragraph (e) to read as follows:
Sec. 73.3513 Signing of applications.
(a) * * *
[[Page 29047]]
(2) Partnership. One of the partners, or a duly authorized
employee, if the applicant is a partnership.
(3) Corporation. An officer, director, or duly authorized employee,
if the applicant is a corporation.
(4) Unincorporated Association. A member who is an officer, or a
duly authorized employee, if the applicant is an unincorporated
association.
(5) Governmental Entity. Such duly elected or appointed officials
as may be competent to do so under the law of the applicable
jurisdiction, or a duly authorized employee, if the applicant is an
eligible governmental entity, such as a State or Territory of the
United States and political subdivisions thereof, the District of
Columbia, and a unit of local government, including an unincorporated
municipality.
* * * * *
(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
26. Amend Sec. 73.3516 by removing paragraph (e).
Sec. 73.3522 [Amended]
0
27. Amend Sec. 73.3522 by removing note 1 to Sec. 73.3522.
0
28. 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 paragraph (f).
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) Definitions. (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
29. Amend Sec. 73.3527 by revising paragraphs (e)(2) and (3) and (f)
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) Definitions. (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
30. 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) * * *
[[Page 29048]]
(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.
* * * * *
(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 Sec. 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
31. 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
32. Amend Sec. 73.3573 by revising paragraph (f)(1) and note 4 to
Sec. 73.3573 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
[[Page 29049]]
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 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
33. 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
34. 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. Sec. 73.7002, 73.7003 or 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
35. 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. Sec. 73.3571(j),
73.3572(b), 73.3573(b), 73.3574(b) or 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. Sec. 73.3571(c), 73.3572(c) or 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 Sec. 1.1601 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
[[Page 29050]]
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.
(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
36. 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
37. 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
38. Amend Sec. 73.3700 by
0
a. Revising paragraph (b)(5)(iv);
0
b. Removing and reserving paragraph (c), and removing paragraph (i).
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
39. 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
40. 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
41. 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
42. 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 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
[[Page 29051]]
Threshold Fair Distribution of Service Order, or an equivalent Order,
triggers the applicant's local public notice obligation under Sec.
73.3580.
* * * * *
0
43. 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
44. 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
45. 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
46. 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
47. 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. 2026-10008 Filed 5-18-26; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on May 19, 2026.
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.