Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, 44537-44542 [05-15427]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 70, Number 148 (Wednesday, August 3, 2005)]
[Proposed Rules]
[Pages 44537-44542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15427]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 73

[MB Docket No. 05-210; FCC 05-120]


Revision of Procedures Governing Amendments to FM Table of 
Allotments and Changes of Community of License in the Radio Broadcast 
Services

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: In this document, the Commission adopted a Notice of Proposed 
Rulemaking (NPRM), seeking comment on a number of procedures designed 
to streamline the process of allocating new FM channels and modifying 
the communities of license of existing radio stations, and to reduce 
current backlogs in proceedings to amend the FM Table of Allotments. In 
the NPRM, the Commission also announced a freeze on all new petitions 
to amend the FM Table of Allotments, and announced its intention to 
open a 90-day window during which parties to pending proceedings to 
amend the FM Table of Allotments, in which Notices of Proposed 
Rulemaking have been released and comment and reply comment deadlines 
have passed, may universally settle all conflicts between their 
proposals and/or counterproposals, without limitation as to 
reimbursement.

DATES: Comments may be filed no later than October 3, 2005, and reply 
comments may be filed no later than November 1, 2005. Written comments 
on the Paperwork Reduction Act proposed information collection 
requirements must be submitted by the public, Office of Management and 
Budget (OMB), and other interested parties on or before October 3, 
2005.

ADDRESSES: You may submit comments, identified by MB Docket No. 05-210, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: ecfs@fcc.gov. Include the docket number in the 
subject line of the message. See the SUPPLEMENTARY INFORMATION section 
of this document for detailed information on how to submit comments by 
e-mail.
     Mail: 445 12th Street, SW., Washington, DC 20554.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, 
Audio Division, (202) 418-2700; Thomas Nessinger, Attorney-Advisor, 
Media Bureau, Audio Division, (202) 418-2700.

[[Page 44538]]

    For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams at 202-418-2918, or via the Internet at 
Cathy.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 05-120, adopted June 9, 2005, and 
released June 14, 2005.

Initial Paperwork Reduction Act of 1995 Analysis

    This NPRM contains proposed information collection requirements. It 
will be submitted to the Office of Management and Budget (OMB) for 
review under section 3507(d) of the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13, 109 Stat 163 (1995). The Commission, as part 
of its continuing effort to reduce paperwork burdens, invites the 
general public and OMB to comment on the proposed information 
collection requirements contained in this NPRM, as required by the PRA. 
Public and agency comments on the PRA proposed information collection 
requirements are due October 3, 2005. Comments should address: (a) 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (b) the accuracy 
of the Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, 116 
Stat 729 (2002), see 44 U.S.C. 3506(c)(4), we seek specific comment on 
how we might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.'' The following 
existing information collection requirements would be modified if the 
proposed rules contained in the NPRM are adopted.
    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301.
    Form Number: FCC Form 301.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Estimated Number of Respondents: 3,318.
    Estimated Time Per Response: 2 hours to 4 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Estimated Total Annual Burden: 8,593 hours.
    Estimated Total Annual Costs: $45,465,547.00.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 301 and the applicable exhibits/
explanations are required to be filed when applying for consent for a 
new AM or non-reserved band FM broadcast station construction permit, 
or for a minor modification to an AM or non-reserved band FM broadcast 
station permit or license. Also, in the NPRM the Commission proposes to 
allow AM and non-reserved band FM permittees and licensees to request a 
change of a station's community of license by minor modification 
application on FCC Form 301, with the applicant being required to 
attach an exhibit demonstrating that the proposed community of license 
change comports with the fair, efficient, and equitable distribution of 
radio service pursuant to section 307(b) of the Communications Act of 
1934, as amended (47 U.S.C. 307(b)). Such community of license change 
applicants would also be required to provide local public notice. 
Additionally, the NPRM proposes to require parties filing a petition to 
amend the FM Table of Allotments (47 CFR 73.202) simultaneously to file 
FCC Form 301 for the proposed new facility, and proposes to add to FCC 
Form 301 a certification that the applicant intends to apply to 
participate in the auction for the new channel if allotted.
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to Cathy Williams, 
Federal Communications Commission, Room 1-C823, 445 12th Street, SW, 
Washington, DC 20554, or via the Internet to Cathy.Williams@fcc.gov, 
and to Kristy L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th 
Street, NW., Washington, DC 20503, or via the Internet to Kristy--
L.LaLonde@omb.eop.gov, or via fax at 202-395-5167. If you would like to 
obtain or view a copy of this revised information collection, you may 
do so by visiting the FCC PRA web page at: https://www.fcc.gov/omd/pra.

Summary of Notice of Proposed Rule Making

    1. In the 42 years since the FM Table of Allotments was established 
in 1963, the Commission's procedures for adding new allotments and 
modifying allotments listed in the Table have undergone few changes. It 
has become apparent that the current procedures can be inefficient and 
do not effectively limit participation to parties that are likely to 
seek new station construction permits through the FM auctions process. 
These difficulties were also noted by radio station licensee First 
Broadcasting Investment Partners, which filed a Petition for Rulemaking 
in March 2004. Based in large part on First Broadcasting's petition and 
comments filed in response to it, the Commission's Media Bureau 
presented a series of proposals to streamline and strengthen the 
Commission's procedures, consistent with the Commission's statutory 
obligation to promote the fair, efficient, and equitable distribution 
of radio services.
    2. In the NPRM, first, the Commission seeks comment on a proposal 
to allow AM and non-reserved band FM licensees to change their 
communities of license by first come-first served minor modification 
applications. Currently FM licensees must file a rulemaking petition 
proposing a community of license change and then, if successful, must 
file a long-form (FCC Form 301) application implementing the change. AM 
licensees may only propose community of license changes during auction 
filing windows, and may only file long-form applications if they 
prevail under the Commission's auction procedures. The NPRM tentatively 
concludes that the Commission can eliminate the first step in these AM 
and FM procedures, by employing certain procedural safeguards and 
licensing standards. The NPRM proposes to limit such minor modification 
applications to proposals that are mutually exclusive with the 
applicant's existing facilities and that comply with spacing and other 
technical rules. An applicant would also be required to file an exhibit 
demonstrating that the proposed community change furthers the goals 
underlying section 307(b) of the Communications Act. The Commission 
seeks comment on these tentative proposals, particularly with regard to 
the effect on the fair, efficient, and equitable distribution of radio 
service under section 307(b) of the Communications Act. The Commission 
also seeks comment on other ways to ensure compliance with the goals of 
section 307(b) of the Communications Act. Is it reasonable for the 
Commission to shift to first come-first served filing procedures now 
that licensees have had over forty years to propose new or

[[Page 44539]]

modified allotments under the current rulemaking procedures? Both the 
allotment priorities and numerous policies developed in allocations 
rulemaking proceedings are designed to limit the clustering of stations 
in urbanized areas and to ensure adequate levels of remaining aural 
service when stations seek to change their communities of license. 
Also, spectrum congestion limits or precludes move-in opportunities in 
many markets. The Commission seeks comment on whether these well-
developed policies are sufficient to limit the relocation of radio 
stations from rural areas to communities in or adjacent to Urbanized 
Areas. Should the Commission also limit community of license changes to 
situations in which the new community has fewer transmission services 
than the applicant's current community of license? Should additional 
conditions be placed on such applications to prevent such a shift in 
radio service, for example, should such changes be limited to 
communities with fewer transmission services than the applicant's 
current community of license? Should the proposed minor change filing 
procedure be limited to situations in which the applicant's current 
community of license satisfies a specific transmission or reception 
service floor? Should there be additional public notice requirements 
for such applicants, for example, should they be required to publish 
notice of the application in local newspapers and/or make on-air 
announcements disclosing the application and soliciting public comment? 
In the case of FM stations, should such applications be limited to 
those in which only the applicant's allotment would be changed, or 
should simultaneous applications to modify different stations pursuant 
to the contingent application rule (47 CFR 73.3517) be allowed? If the 
latter, should the contingent application rule be modified in order to 
allow more contingent applications to be filed simultaneously (47 CFR 
73.3517(c) and (e))? Are there other procedures that should be 
implemented to ensure that section 307(b) of the Communications Act or 
any other concerns pertaining to applications to change a station's 
community of license will receive full consideration? Additionally, to 
avoid any issues arising under the Administrative Procedures Act, and 
because it may be that rulemaking proceedings are no longer necessary 
to modify FM stations' licensed communities due to the maturity of the 
FM service, the Commission seeks comment on whether the FM Table of 
Allotments should be removed from the Commission's rules, and 
henceforth existing FM stations would be allocated among communities 
solely through adjudicatory proceedings. Under this approach, the Table 
would continue to function as the Commission's basic plan for allotting 
new FM channels, and would be revised to reflect changes to FM station 
authorizations under the Commission's one-step and proposed new 
community of license change procedures. It is anticipated that the 
Commission would publish the FM Table of allotments by some means, for 
example, as a continually updated list of FM allotments in the Media 
Bureau's publicly accessible Consolidated Data Base System. 
Furthermore, under this approach new allotments would be added to the 
FM Table of Allotments using procedures similar to those currently set 
forth in Sec.  1.420 of the Commission's rules (47 CFR 1.420), and the 
Commission would continue to apply the same substantive policies of 
section 307(b) of the Communications Act when comparing competing 
allotment proposals. Specifically, the Commission would adopt in part 
73 procedures analogous to those contained in Sec.  1.420 of the 
Commission's rules, to permit the filing of petitions to amend the FM 
Table of Allotments. In the case of new allotments, these procedures 
efficiently populate FM auction inventories, in turn enabling more 
frequent FM auctions (compared to auctions in the non-tabled AM 
service). Moreover, these procedures are needed to comply with the 
principles of section 307(b) of the Communications Act, which control 
notwithstanding that the Table may no longer be contained in the 
Commission's rules. The Commission seeks comment on this approach and 
the related rule changes it would require.
    3. The next proposal in the NPRM requires a petitioner for a new FM 
channel allotment simultaneously to file Form 301 for the proposed 
facility with its petition, and to pay the Form 301 filing fee at that 
time. Current procedures provide an effective means of adding new FM 
allotments, which are then offered in broadcast auctions. However, in 
recent years it has become apparent that a disproportionate number of 
new FM allotments are being added by a relative handful of petitioners. 
While these petitioners are currently required to, and do, express 
their interest in applying for the allotments they propose, we have 
found that such petitioners rarely participate in broadcast auctions. 
By requiring Form 301 filing earlier in the process, the Commission 
intends to provide an incentive for only bona fide auction applicants 
to seek to add new FM allotments. To further ensure the bona fides of 
proponents for new FM allotments, the Commission requests comment on a 
proposal to add to Form 301 a certification, applicable only to those 
applicants simultaneously filing a petition or counterproposal for a 
new FM allotment, that the applicant intends to apply to participate in 
the auction for the new channel if allotted. The Commission 
specifically seeks comment on whether this proposal would create undue 
burdens and delays in processing or awarding new construction permits, 
and in particular invite comment on the likely effect of the proposal 
on the conduct of broadcast auctions and processing of auction 
applications. Comment is also sought on whether this proposal would 
impact small businesses, which include some owned by minorities and 
women. The Commission invites commenters to submit other proposals 
designed to address the problem of non-bona fide allotment petitioners, 
and any other comments on the most effective means to ensure that those 
seeking to add those allotments are also those willing to bid for and 
construct facilities at those communities.
    4. The Commission also seeks comment on a proposal to limit to five 
the number of technically related modifications to the FM Table of 
Allotments proposed by any one party. Often, parties file proposals and 
counter-proposals that involve numerous changes to the FM Table of 
Allotments. Such complex proposals consume large amounts of staff 
resources. The Commission, in 1986, announced a policy whereby ``absent 
special factors involving significant public interest benefits, or an 
assurance of agreement among affected stations to the proposal in 
advance of filing the petition, the staff has been instructed not to 
entertain proposals for changes in the [Table] which involve more than 
two other substitutions of channels occupied by existing FM or TV 
stations.'' See Columbus, Nebraska, et al., 59 R.R.2d 1184 (1986). 
Implementation of this ``Columbus, Nebraska Policy'' has dramatically 
reduced burdens on the staff, yet as discussed above, significant staff 
resources are still consumed by large proposals and counterproposals 
even when all or most parties are in agreement as to the changes to the 
Table that are proposed. Limiting proposals to no more than five 
changes will expedite

[[Page 44540]]

staff processing of requested changes. Thus, in addition to the 
prohibition on proposals involving more than two involuntary channel 
substitutions, the Commission tentatively concludes that the total 
number of allotment proposals that may be set forth by a party in a 
given petition to amend the Table should be limited to five, unless the 
proponent(s) or counter-proponent(s) can demonstrate special factors 
involving significant public interest benefits. Failure to make such a 
showing would result in the proposal (or offending counterproposal) 
being returned with instructions to file separate proposals that 
conform to the numerical limit of five or fewer allotment proposals. 
While this might lead to greater numbers of petitions or other 
amendment proposals filed, those filed would be considerably less 
complex, enabling the staff more efficiently to process them. The 
Commission seeks comment on this proposal, including comments as to 
whether the maximum number of channel changes or additions should be 
greater or smaller than that proposed. Comment is also sought on ways 
in which to deter coordinated counterproposals designed to circumvent 
the limit on proposals by a party.
    5. The Commission further seeks comment on whether, and under what 
circumstances, it should allow relocation of a community's sole local 
transmission service to become another community's first local 
transmission service. Currently, the Commission strongly disfavors such 
moves, having found that the public has a legitimate expectation that 
existing radio service will continue. Accordingly, the Commission only 
rarely allows removal of a community's sole local transmission service. 
Some parties have suggested that such station relocations can, in some 
circumstances, better serve the public interest by, for example, 
serving larger communities and populations. The Commission seeks 
comment concerning whether its current policy strongly disfavoring such 
moves best comports with the requirements of section 307(b) of the 
Communications Act of 1934, as amended (47 U.S.C. 151, et seq.) and, if 
not, when and under what circumstances the Commission should allow such 
station relocations. For example, based on the current application of 
the first local service preference, should the Commission require that 
the new community have a greater population than the community from 
which the station is to be relocated before allowing such a station 
move? If so, should the new community's population exceed the current 
community's by a certain percentage or (as is now the policy when 
comparing competing proposals for new first local transmission service) 
should the move-in community simply have a larger population? Should 
the service floor at the community losing local service be two 
stations, or should it be higher? If so, what level of service should 
remain? Should the level of reception service at the new community of 
license be taken into account and, if so, how? For example, should such 
station moves be prohibited when the new community already receives 
abundant service? Is there a ratio of reception services between the 
new and old communities that should be employed in making this 
determination and, if so, what ratio of reception service would 
prohibit such a proposed move? By what percentage, if any, should the 
Commission require that the population receiving principal community 
service at the new community exceed that receiving such service at the 
station's current community? Alternately, is it sufficient that the 
station merely serve more people at its new location? Should there be 
increased local notice or publication requirements for such a proposal 
in addition to those that might be imposed with regard to all city of 
license modification proposals? Should the Commission impose a 
transitional requirement on any licensee seeking such a move to serve 
the needs of both the old and move-in communities for a certain period 
of time? What other factors, if any, should be taken into account in 
making such a determination?
    6. The Commission also proposes to eliminate a rule-based 
prohibition on electronic filing of documents in proceedings to amend 
the FM Table of Allotments (47 CFR 1.401(b)). Currently over 95 percent 
of broadcast applications are filed electronically, and these 
procedures have led to increased efficiency, transparency, and database 
integrity. As a first step toward extending those benefits to the FM 
allotment process, the Commission proposes removing the current 
prohibition against electronic filing of allocations documents. The 
Commission also seeks comment on whether and how best to enable 
electronic filing of proceedings to amend the FM Table of Allotments.
    7. The Commission also announces a freeze on filing new petitions 
to amend the FM Table of Allotments. This will preserve the status quo 
and avoid increasing backlogs while the Commission solicits comments 
and considers the procedural changes proposed in the NPRM. Finally, the 
Commission announces a one-time settlement window, to commence on a 
date to be announced in a subsequent Public Notice, in which parties to 
pending allocations proceedings may universally settle conflicting 
proposals without limitation as to reimbursement (47 CFR 
73.3525(a)(3)). This one-time settlement window is designed to 
eliminate much of the current allocations backlog.
    8. Comments and Reply Comments. Pursuant to Sec. Sec.  1.415 and 
1.419 of the Commission's rules (47 CFR 1.415, 1.419), interested 
parties must file comments on or before October 3, 2005, and must file 
reply comments on or before November 1, 2005. Comments may be filed 
using: (1) The Commission's Electronic Comment Filing System (ECFS); 
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper 
copies.
    9. Comments may be filed electronically using the Internet by 
accessing the ECFS: https://www.fcc.gov/cbg/ecfs, or the Federal 
eRulemaking Portal: https://www.regulations.gov. Filers should follow 
the instructions provided on the Web sites for submitting comments. For 
ECFS filers, if multiple docket or rulemaking numbers appear in the 
caption of this proceeding, filers must transmit one electronic copy of 
the comments for each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, filers should include 
their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and 
should include the following words in the body of the message, ``get 
form.'' A sample form and directions will be sent in response.
    10. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, filers must submit 
two additional copies for each additional docket or rulemaking number. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
(although we continue to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission. 
The Commission's

[[Page 44541]]

contractor will receive hand-delivered or messenger-delivered paper 
filings for the Commission's Secretary at 236 Massachusetts Avenue, 
NE., Suite 110, Washington, DC 20002. The filing hours at this location 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building. Commercial overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail) must be sent to 9300 
East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service 
first-class mail, Express Mail, and Priority Mail should be addressed 
to 445 12th Street, SW., Washington, DC 20554.
    11. Contact the FCC to request materials in accessible formats 
(braille, large print, electronic files, audio format, etc.) by e-mail 
at FCC504@fcc.gov, or call the Consumer & Governmental Affairs Bureau 
at 202-418-0531 (voice), 202-418-7365 (TTY).
    12. The full text of the Notice of Proposed Rulemaking is available 
for inspection and copying during normal business hours in the FCC 
Reference Information Center, Room CY-A257, 445 12th Street, SW, 
Washington, DC 20554. The complete text may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th 
Street, SW, Room CY-B402, Washington, DC 20554. The full text may also 
be downloaded at: https://hraunfoss.fcc.gov/edocs_public/attachmatch/
FCC-05-120.pdf. Alternative formats are available to persons with 
disabilities by contacting Martha Contee at (202) 418-0260 or TTY (202) 
418-2555.
    13. Ex Parte Rules. This proceeding will be treated as a ``permit-
but-disclose'' proceeding subject to the ``permit-but-disclose'' 
requirements under Sec.  1.1206(b) of the Commission's rules (47 CFR 
1.1206(b)). Ex parte presentations are permissible if disclosed in 
accordance with Commission rules, except during the Sunshine Agenda 
period when presentations, ex parte or otherwise, are generally 
prohibited. Persons making oral ex parte presentations are reminded 
that a memorandum summarizing a presentation must contain a summary of 
the substance of the presentation and not merely a listing of the 
subjects discussed. More than a one- or two-sentence description of the 
views and arguments presented is generally required. Additional rules 
pertaining to oral and written presentations are set forth in Sec.  
1.1206(b) of the Commission's rules.
    14. Initial Regulatory Flexibility Analysis. The Regulatory 
Flexibility Act of 1980, as amended (RFA), requires that a regulatory 
flexibility analysis be prepared for notice and comment rule-making 
proceedings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act. A ``small 
business concern'' is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    15. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA) (5 U.S.C. 603), the Commission has prepared this Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in the NPRM. Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on the NPRM 
provided herein. The Commission will send a copy of this entire NPRM, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA). In addition, the NPRM and the IRFA (or 
summaries thereof) will be published in the Federal Register.
    16. Need For, and Objectives of, the Proposed Rules. This 
rulemaking proceeding is initiated to obtain comments concerning the 
Commission's proposals to streamline the process of allotting and 
modifying FM broadcast channel allotments, and modifying AM broadcast 
station communities of license. The Commission believes these proposals 
will make the process of allotting and modifying such channel 
allotments and community of license assignments faster and more 
efficient. Additional proposals will discourage non-bona fide 
proponents of new FM channel allotments from filing petitions for 
rulemaking, thus providing more opportunity for bona fide proponents, 
including small businesses. Also, the Commission proposes eliminating a 
rule-based prohibition on filing allotment proposals electronically, 
the first step toward enabling electronic filing of such proposals, 
which will be less expensive and more convenient for applicants.
    17. Legal Basis. The authority for this proposed rulemaking is 
contained in sections 1, 2, 4(i), 303, and 307, of the Communications 
Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, and 307.
    18. Description and Estimate of the Number of Small Entities to 
Which the Proposed Rules Will Apply. The RFA directs the Commission to 
provide a description of and, where feasible, an estimate of the number 
of small entities that will be affected by the proposed rules. The RFA 
generally defines the term ``small entity'' as encompassing the terms 
``small business,'' ``small organization,'' and ``small governmental 
entity.'' In addition, the term ``small business'' has the same meaning 
as the term ``small business concern'' under the Small Business Act. A 
small business concern is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    19. Radio Stations. The proposed rules and policies potentially 
will apply to all AM and commercial FM radio broadcasting licensees and 
potential licensees. The SBA defines a radio broadcasting station that 
has $6 million or less in annual receipts as a small business. A radio 
broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. Included in this 
industry are commercial, religious, educational, and other radio 
stations. Radio broadcasting stations which primarily are engaged in 
radio broadcasting and which produce radio program materials are 
similarly included. However, radio stations that are separate 
establishments and are primarily engaged in producing radio program 
material are classified under another SIC number. According to 
Commission staff review of BIA Publications, Inc. Master Access Radio 
Analyzer Database on March 31, 2005, about 10,840 (95%) of 11,410 
commercial radio stations have revenue of $6 million or less. First 
Broadcasting, which filed the Petition for Rulemaking in this 
proceeding, is included in the definition of ``small business.'' We 
note, however, that many radio stations are affiliated with much larger 
corporations having much higher revenue. Our estimate, therefore, 
likely overstates the number of small entities that might be affected 
by any ultimate changes to the allocation rules.
    20. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements. The proposed rule and procedural changes may 
impose some additional reporting requirements on existing and potential

[[Page 44542]]

radio licensees and permittees, insofar as some of the proposed changes 
would require the filing of application forms rather than rulemaking 
petitions. However, the forms to be filed would be existing FCC 
application forms with which broadcasters are already familiar, so any 
additional burdens would be minimal. Additionally, we propose imposing 
an additional rulemaking fee upon parties seeking to add new allotments 
to the FM Table of Allotments. We seek comment on the possible cost 
burden these requirements would place on small entities. Also, we seek 
comment on whether a special approach toward any possible compliance 
burdens on small entities might be appropriate.
    21. Steps Taken to Minimize Significant Impact on Small Entities, 
and Significant Alternatives Considered. The RFA requires an agency to 
describe any significant alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities. The 
Commission seeks comment on procedures to accomplish AM and FM 
community of license changes that will, in most instances, reduce the 
burdens on all broadcasters, including small entities, compared to 
current procedures. The Commission also seeks comment on whether 
certain aspects of its proposals would change or undermine current 
policies to limit the relocation of radio stations from small and/or 
rural communities to communities in or adjacent to urbanized areas. 
Proposed changes to Commission procedures for adding FM channel 
allotments to the FM Table of Allotments are designed to make the 
process faster and more efficient, reducing delays to broadcasters in 
implementing new radio service. The Commission also proposes requiring 
that petitioners for new FM channel allotments simultaneously file Form 
301, and pay the prescribed filing fee for Form 301. While this 
requires payment of the filing fee earlier than is the case in current 
practice, to the extent that petitioners ultimately obtain construction 
permits for these allotments, it is a fee they would be required to pay 
in any event, therefore this requirement should impose a minimal burden 
on petitioners. To the extent that a rule change proposed herein 
enables electronic filing of petitions to amend the FM Table of 
Allotments and comments on such proposals, the Commission believes that 
such change will reduce burdens on all broadcasters, including small 
entities, by reducing the time and effort spent in preparing and 
submitting such documents in hard copy, as is the current practice. The 
Commission also seeks specific comments on the burden our proposals may 
have on small broadcasters. There may be unique circumstances these 
entities may face and we will consider appropriate action for small 
broadcasters at the time when a Report and Order is considered.
    22. Federal Rules Which Duplicate, Overlap, or Conflict With, the 
Commission's Proposals. None.
    23. This document is available in alternative formats (computer 
diskette, large print, audio record, and Braille). Persons with 
disabilities who need documents in these formats may contact Brian 
Millin at (202) 418-7426 (voice), (202) 418-7365 (TTY), or via e-mail 
at Brian.Millin@fcc.gov.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-15427 Filed 8-2-05; 8:45 am]
BILLING CODE 6712-01-P