Posting of Station Licenses and Related Information, 2753-2759 [2019-01491]
Download as PDF
<![CDATA[
2753
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
TABLE 1 TO SUBPART QQQQQ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART QQQQQ—
Continued
*
*
Citation
*
Subject
*
Recordkeeping
and Reporting
Requirements.
*
§ 63.10(b)(2)(i),
(ii), (iv), (v).
*
Recordkeeping
for Startup,
Shutdown and
Malfunction.
Owner/Operator
Recordkeeping
Requirements.
*
§ 63.10(d)(5) ......
*
SSM reports ......
*
*
*
*
*
*
*
See § 63.9545 for recordkeeping
requirements.
Yes.
*
*
*
No, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected
sources before August 7, 2019, and No thereafter.
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 1, 5, 73, and 74
[MB Docket No. 18–121; FCC 18–174]
Posting of Station Licenses and
Related Information
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) eliminates provisions of
our rules that require broadcasters to
post and maintain copies of their
licenses and related information in
specific locations. These rules have
become redundant and obsolete now
that licensing information is readily
accessible online through the
Commission’s databases, including
CDBS, LMS, and ULS. It therefore finds
that eliminating these rules, which
apply in some form to all broadcast
licensees, will serve the public interest.
DATES: Effective February 8, 2019.
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Jonathan
Mark, Jonathan.Mark@fcc.gov, of the
Media Bureau, Policy Division, (202)
418–3634. Direct press inquiries to
Janice Wise at (202) 418–8165.
SUMMARY:
Jkt 247001
*
This is a
summary of the Commission’s Report
and Order (Order), FCC 18–174, adopted
December 10, 2018 and released on
December 11, 2018. The full text of this
document is available electronically via
the FCC’s Electronic Document
Management System (EDOCS) website
at https://fjallfoss.fcc.gov/edocs_public/
or via the FCC’s Electronic Comment
Filing System (ECFS) website at https://
fjallfoss.fcc.gov/ecfs2/. (Documents will
be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.)
This document is also available for
public inspection and copying during
regular business hours in the FCC
Reference Information Center, which is
located in Room CY–A257 at FCC
Headquarters, 445 12th Street SW,
Washington, DC 20554. The Reference
Information Center is open to the public
Monday through Thursday from 8:00
a.m. to 4:30 p.m. and Friday from 8:00
a.m. to 11:30 a.m. The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW, Room CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
PO 00000
Frm 00049
Fmt 4700
*
*
See § 63.9540 for malfunction reporting requirements.
*
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
Pmangrum on DSK3GMQ082PROD with RULES
*
*
Explanation
*
*
*
No, for new or reconstructed sources which commenced construction or reconstruction after May 3, 2018. Yes, for all other affected
sources before August 7, 2019, and No thereafter.
*
15:11 Feb 07, 2019
*
Yes.
[FR Doc. 2019–00786 Filed 2–7–19; 8:45 am]
VerDate Sep<11>2014
*
Applies to subpart QQQQQ?
*
§ 63.10(a),
(b)(1), (d)(1),
(d)(4), (e)(3),
(f).
§ 63.10(b)(2)(iii),
(vi)–(xiv).
*
Sfmt 4700
*
*
Synopsis
I. Report and Order
1. In this Report and Order (Order),
we eliminate the provisions in parts 1,
5, 73 and 74 of our rules that require the
posting and maintenance of broadcast
licenses and related information in
specific locations.1 In May 2018, the
Federal Communications Commission
(Commission) issued a Notice of
Proposed Rulemaking (NPRM) (83 FR
30901) seeking comment on whether to
eliminate license posting rules that
appeared to be redundant and obsolete
now that licensing information is
readily accessible online through the
Commission’s databases. Commenters in
this proceeding unanimously support
the elimination of these rules. As
detailed below, we find that eliminating
these requirements, which apply in
some form to all broadcast licensees,
will serve the public interest. In doing
so, we advance the Commission’s goal
of modernizing our media rules and
remove unnecessary regulatory burdens
that impede competition and innovation
in the media marketplace.
2. Broadcast license posting rules
predate the establishment of the
Commission. As explained in the
NPRM, the Federal Radio Commission
promulgated the earliest iteration of
broadcast license posting requirements
on record in 1930. Subsequent
Commission decisions revised and
1 By this Order, we also eliminate provisions in
our rules which reference or cross-reference
broadcast license posting rules.
E:\FR\FM\08FER1.SGM
08FER1
2754
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
Pmangrum on DSK3GMQ082PROD with RULES
expanded to new broadcast services
license posting obligations and
requirements to maintain records at
specific locations, but provided no
explicit rationale for such rules. Based
on the text and history of these rules,
the NPRM noted that the intended
purpose of the rules may have been to
ensure that information regarding
station authorizations, ownership, and
contact information was readily
available and easily accessible to the
Commission and public. Commenters in
this proceeding do not identify any
alternative purpose or use for these
rules and maintain that, with the advent
of online sources for licensee
information, the burdens that
compliance with these rules imposes on
licensees clearly outweigh any original
benefits they may have provided.
3. Consistent with our proposals in
the NPRM, we eliminate the license
posting rules applicable to broadcasters
and the related rules that require
records to be maintained at specific
locations.2 We agree with commenters
that ‘‘while the posting rule[s] may have
made sense almost 90 years ago’’ they
no longer serve the public interest given
that all Commission licenses and related
authorizations required to be displayed
or maintained are now available ‘‘24/7’’
through publicly accessible online
databases. Specifically, broadcast
station licenses and other authorizations
are currently accessible online through
several Commission databases,
including the Commission’s
Consolidated Database System (CDBS),
Licensing Management System (LMS),
and Universal Licensing Service (ULS).3
2 Specifically, we eliminate the following rules,
each of which applies specifically to broadcast
licensees: 47 CFR 73.1230 (all broadcast licensees),
74.564 (aural broadcast auxiliary stations), 74.664
(television broadcast auxiliary stations), 74.765
(LPTV and TV translator stations), and 74.1265 (FM
translator and booster stations). In addition, we
amend the following rules to eliminate license
posting obligations: 47 CFR 1.62(a)(2) (which
currently requires all Commission licensees to post
information pertaining to license renewal
applications as well as the license itself, so that it
applies only to non-broadcast licensees), 5.203(b)
(removing the requirement to post experimental
licenses), 74.432(j) (removing the requirement that
remote pickup station licenses be ‘‘posted at the
transmitter, or posted at the control point of the
station’’), 74.832(j) (removing the requirement that
low power auxiliary station licenses be ‘‘posted at
the transmitter, or posted at the control point of the
station’’). The NPRM incorrectly proposed to amend
paragraph (a)(3)(viii) of 47 CFR 74.787, instead of
paragraph (a)(5)(viii). This has been corrected in the
Final Rules. We also note that one additional
change not captured in the NPRM is in the Final
Rules below.
3 Specifically, this information is readily available
through CDBS, https://licensing.fcc.gov/prod/cdbs/
pubacc/prod/app_sear.htm. Similarly, the public
may access copies of a station’s license, which
includes the station call sign and name, address,
and telephone number of the station licensee and
VerDate Sep<11>2014
15:11 Feb 07, 2019
Jkt 247001
For full power and Class A television
stations and AM and FM radio stations,
licenses and related authorizations are
also accessible through the
Commission’s Online Public Inspection
File.4 In addition, the public may access
orders and dispositions regarding
station construction or facilities
operation, which are required to be
physically posted pursuant to two of our
existing rules, through the
Commission’s online licensing
databases.
4. We also find the additional posting
requirements in §§ 74.765(b) and
74.1265(b) of our rules to be
unnecessary for similar reasons. These
provisions require that LPTV, translator,
and booster stations post at the
transmitter site the station’s call sign;
the name, address, and telephone
number of the licensee or local
representative of the licensee; and ‘‘the
name and address of a person and place
where the station records are
maintained.’’ As Nexstar notes in its
comments, much of the information
required to be posted under these rules
is available on the station licenses or
authorizations themselves, which as
noted above, the public may easily
access online via CDBS, LMS, or ULS.
This information includes the station’s
call sign and the name and address of
the station’s licensee. Although LPTV,
translator, and booster stations are not
required to maintain public inspection
files, they must include the contact
information, including a telephone
number, of personnel that may serve as
a general point of contact on various
Commission forms, which are publicly
available via our online licensing
databases. We therefore find no
continued need for broadcasters to
separately identify a local representative
or a custodian of station records and
point of contact, through LMS, https://
enterpriseefiling.fcc.gov/dataentry/login.html and/
or ULS, https://wireless.fcc.gov/uls/
index.htm?job=home. While most broadcast
licenses are accessible through CDBS and LMS,
licenses for aural and television broadcast auxiliary
services are accessible through ULS. In addition,
information regarding broadcast license renewal
applications, which must be posted pursuant to
§ 1.62(a) of the rules, is available online via CDBS
and LMS. 47 CFR 1.62(a) (requiring posting of, ‘‘in
addition to the original license, any
acknowledgment received from the Commission
that the renewal application has been accepted for
filing or a signed copy of the application for
renewal of license which has been submitted by the
licensee’’).
4 Online Public Inspection File, available at
https://publicfiles.fcc.gov/. See 47 CFR 73.3526
(governing public file obligations of commercial full
power AM, FM, and TV stations and Class A
television stations); 47 CFR 73.3527 (governing
public file obligations of noncommercial
educational broadcast stations).
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
display such information.5 Moreover, no
commenter has provided any
justification for continuing to require
broadcasters to post or maintain at
specific locations a physical copy of
their licenses, authorizations, or general
or local contact information.
5. We further find that requirements
to physically display licensing
documents at the site of broadcast
facilities are often ineffective. As NAB
illustrates, requirements that mandate
posting at the transmission site can be
of little benefit to the public because
certain transmission sites, including
those of booster and translator stations,
‘‘are often in areas surrounded by
security fencing, thereby limiting the
public access to these facilities and any
posted information.’’ Further,
provisions mandating that broadcasters
post licenses and other authorizations at
the ‘‘principal [control] point of the
transmitter’’ have been rendered
obsolete by the internet, which has
enabled broadcasters to transition to
dial-up or IP systems that manage their
transmitter stations remotely through a
smartphone or personal computer. This
trend, in conjunction with the
elimination of the broadcast main studio
rule, has rendered the physical posting
of licenses out of step with technology
and our other rules. We agree with NAB
that ‘‘posting physical documents at
transmission facilities is redundant and
provides no meaningful value to the
public,’’ and we eliminate these
requirements.
6. There is no evidence in the record
suggesting that eliminating license
posting and related requirements would
undermine any public safety objectives.
HC2 explains that posted information
‘‘is often barely visible because the
posting is well above eye level, or
obscured by other equipment, or
damaged and faded as a result of
weather’’ and is therefore not useful
during emergencies.6 In these
circumstances, the contact information
first responders need is readily available
through the Commission databases.7
5 Since we do not find that the public interest
necessitates separately compiling custodian of
records’ contact information online, we decline to
adopt HC2’s proposal to modify existing
Commission forms to solicit this information.
6 HC2 further notes that posted information often
is of limited utility because it is in a different
location from the site of an emergency. For
example, ‘‘posted contact information at the
transmitter, even if perfectly visible and accessible,
is not helpful when the emergency is at the antenna
site,’’ which may be ‘‘some distance away,’’ or vice
versa. HC2 Comments at 5 (‘‘For example, a
firefighter battling a fire at an antenna site would
not have any use for contact information posted at
the transmitter quite some distance away.’’).
7 We acknowledge that natural disasters may in
some instances limit the ability of first responders
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
Commenters also explain that because
licensees typically do not own the
towers on which their antennas are
placed, eliminating requirements to
have licensees’ information physically
displayed would not likely impede a
first responder’s ability to contact the
appropriate person during an
emergency. In many cases, antenna
structure registration numbers allow
first responders and others to rapidly
identify the owner of a tower structure
in the event of a tower lighting outage,
collision or other problem, removing the
need for licensee contact information.
7. For the foregoing reasons, we find
that the provisions in parts 1, 5, 73 and
74 of our rules requiring the physical
posting and maintenance of broadcast
licenses and related information at
specific locations are redundant,
obsolete, and unduly burdensome.
Accordingly, we find that eliminating
these requirements, as well as
associated cross-references to them and
similar requirements, is in the public
interest and that the benefits of
eliminating these requirements
outweigh any costs of doing so.
II. Procedural Matters
Pmangrum on DSK3GMQ082PROD with RULES
A. Final Regulatory Flexibility Act
Analysis
8. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA),8 an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Notice of Proposed Rulemaking (NPRM)
in MB Docket 18–121.9 The Commission
sought written public comments on
proposals in the NPRM, including
comment on the IRFA. The Commission
received no direct comments on the
IRFA. The present Final Regulatory
Flexibility Analysis (FRFA) conforms to
the RFA.
9. Need for, and Objectives of, the
Report and Order. The Report and
Order (Order) arises from a Public
Notice issued by the Commission in
May 2017, launching an initiative to
modernize the Commission’s media
to access these databases. For instance, immediately
after Hurricane Maria, over 95 percent of Puerto
Rico’s wireless cell sites were out of service. On a
going forward basis, we commit to monitoring the
impact of this rule change on first responders’
ability to access the contact information they need
in the event of an emergency.
8 See 5 U.S.C. 603. The RFA, see U.S.C. 601–612,
has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
857 (1996). The SBREFA was enacted as Title II of
the Contract with America Advancement Act of
1996 (CWAAA).
9 Amendment of Parts 0, 1, 5, 73, and 74 of the
Commission’s Rules Regarding Posting of Station
Licenses and Related Information, Notice of
Proposed Rulemaking, 33 FCC Rcd 4757 (May 10,
2018) (NPRM) (83 FR 30901).
VerDate Sep<11>2014
15:11 Feb 07, 2019
Jkt 247001
regulations, and the subsequent
NPRM.10 It eliminates provisions of the
Commission’s rules which require the
posting and maintenance of broadcast
licenses and related information in
specific locations. Numerous parties in
those proceedings argued for the
elimination of these rules on the basis
that they are redundant and obsolete.
10. Specifically, the Order eliminates:
Section 73.1230, which requires
broadcast stations to post their station
license and other authorizations at ‘‘the
principal control point of the
transmitter’’ and prescribes the manner
of such posting; 11 § 73.801, which
applies § 73.1230 to low power
stations; 12 § 74.1265, which requires
FM booster and translator stations to
physically display their call sign and
other information at the antenna site; 13
§§ 74.564 and 74.664, applicable to
aural and television broadcast auxiliary
stations,14 respectively, which require
stations to post licenses and any other
authorizations ‘‘in the room in which
the transmitter is located’’ and
prescribes the manner of such
posting; 15 §§ 74.432(j) and 74.832(j),
which require remote pickup station
and low power auxiliary station
licensees to post licenses either at the
transmitter or station control point; 16
§ 5.203(b),17 which requires broadcast
licensees to post experimental
authorizations along with their station
license; § 1.62(a)(2),18 which requires all
Commission licensees, including
broadcast entities, to post information
pertaining to license renewal
applications as well as the license itself;
and § 74.765, which requires LPTV and
TV translator to physically display their
call sign together with the name,
address, and telephone number of the
licensee or local representative of the
licensee and the name and address of a
person and place where station records
are maintained at the antenna site.
Sections 74.765(a) and 74.1265(a) also
contain record maintenance obligations
that this Order eliminates because they
are duplicative of §§ 74.781 and
74.1281, respectively.
11. The Order also removes similar
requirements and cross-references to
10 See id.; Commission Launches Modernization
of Media Regulation Initiative, Public Notice, 32
FCC Rcd 4406 (2017) (initiating a review of rules
applicable to media entities to eliminate or modify
regulations that are outdated, unnecessary or
unduly burdensome).
11 47 CFR 73.1230.
12 47 CFR 73.801.
13 47 CFR 74.1265.
14 47 CFR 74.564, 74.664.
15 47 CFR 74.565; 47 CFR 74.664.
16 47 CFR 74.432(j), 74.832(j).
17 47 CFR 5.203(b).
18 47 CFR 1.62(a)(2).
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
2755
licenses posting rules as follows:
Section 0.408 (cross-referencing the
license posting rules); § 73.158(b),
which requires any updated
descriptions of directional antenna
monitoring points to be ‘‘posted with
the existing station license’’; § 73.801,
which applies § 73.1230 to LPFM
stations; § 73.1715(a), which requires
broadcast licensees authorized to share
time to file written agreements with the
Commission and post with the station
license; § 73.1725(c), requiring ‘‘the
licensee of a secondary station which is
authorized to operate limited time’’ to
post approval of its limited time
operating schedule with the station
license); § 73.1870(b)(3), which states
that ‘‘the designation of the chief
operator [for full power and Class A
stations] must be in writing with a copy
of the designation posted with the
station license.’’; § 74.733(i), which
states that ‘‘[t]he provisions of § 74.765
concerning posting of station license
shall apply to a UHF translator signal
booster . . .’’; § 74.781(c), which states
that ‘‘[t]he name of the person keeping
[LPTV and TV translator] station
records, together with the address of the
place where the records are kept, shall
be posted in accordance with § 74.765(c)
of the rules.’’; § 74.787(a)(5)(viii), which
applies § 74.765 to digital low power
television and television translator
stations; § 74.789; and § 74.1281, which
references § 74.1265(b). These rule
changes are intended to reduce outdated
regulations and unnecessary regulatory
burdens that can impede competition
and innovation in media markets.
12. Summary of Significant Issues
Raised by Public Comments in Response
to the IRFA. No comments were filed in
response to the IRFA.
13. Response to Comments by the
Chief Counsel for Advocacy of the Small
Business Administration. 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 Advocacy of the SBA and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments.19 The Chief
Counsel did not file any comments in
response to this proceeding.
14. Description and Estimate of the
Number of Small Entities to Which
Rules Will Apply. The RFA directs
agencies to provide a description of and,
where feasible, an estimate of the
number of small entities that will be
affected by the rules adopted.20 The
19 5
U.S.C. 604(a)(3).
20 Id.
E:\FR\FM\08FER1.SGM
08FER1
2756
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
RFA generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction’’ 21 In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.22 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.23 The final rules adopted herein
affect small television and radio
broadcast stations. A description of
these small entities, as well as an
estimate of the number of such small
entities, is provided below.
15. Television Broadcasting. This
Economic Census category ‘‘comprises
establishments primarily engaged in
broadcasting images together with
sound.’’ 24 These establishments operate
television broadcast studios and
facilities for the programming and
transmission of programs to the
public.25 These establishments also
produce or transmit visual programming
to affiliated broadcast television
stations, which in turn broadcast the
programs to the public on a
predetermined schedule. Programming
may originate in their own studio, from
an affiliated network, or from external
sources. The SBA has created the
following small business size standard
for such businesses: Those having $38.5
million or less in annual receipts.26 The
2012 Economic Census reports that 751
firms in this category operated in that
year. Of that number, 656 had annual
receipts of less than $25,000,000, and 95
had annual receipts of $25,000,000 or
more.27 Based on this data, we estimate
that the majority of commercial
21 5
U.S.C. 601(6).
U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small-business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definition(s) in the
Federal Register.’’
23 15 U.S.C. 632.
24 U.S. Census Bureau, 2012 North American
Industry Classification System (NAICS) Definitions,
‘‘515120 Television Broadcasting,’’ https://
www.census.gov./cgi-bin/sssd/naics/naicsrch.
25 Id.
26 13 CFR 121.201; 2012 NAICS Code 515120.
27 U.S. Census Bureau, Table No. EC1251SSSZ4,
Information: Subject Series—Establishment and
Firm Size: Receipts Size of Firms for the United
States: 2012 (515120 Television Broadcasting),
https://factfinder.census.gov/faces/tableservices/jsf/
pages/productview.xhtml?pid=ECN_2012_US_
51SSSZ4&prodType=table.
Pmangrum on DSK3GMQ082PROD with RULES
22 5
VerDate Sep<11>2014
15:11 Feb 07, 2019
Jkt 247001
television broadcasters are small entities
under the applicable SBA size standard.
16. In addition, the Commission has
estimated the number of licensed
commercial television stations to be
1,349.28 Of this total, 1,277 stations had
revenues of $38.5 million or less,
according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on October 1,
2018. Such entities, therefore, qualify as
small entities under the SBA definition.
The Commission has estimated the
number of licensed noncommercial
educational (NCE) television stations to
be 412.29 The Commission, however,
does not compile and does not have
access to information on the revenue of
NCE stations that would permit it to
determine how many such stations
would qualify as small entities.
17. We note, however, that in
assessing whether a business concern
qualifies as ‘‘small’’ under the above
definition, business (control)
affiliations 30 must be included. Our
estimate, therefore likely overstates the
number of small entities that might be
affected by our action, because the
revenue figure on which it is based does
not include or aggregate revenues from
affiliated companies. In addition,
another element of the definition of
‘‘small business’’ requires that an entity
not be dominant in its field of operation.
We are unable at this time to define or
quantify the criteria that would
establish whether a specific television
broadcast station is dominant in its field
of operation. Accordingly, the estimate
of small businesses to which the
proposed rules would apply does not
exclude any television station from the
definition of a small business on this
basis and therefore could be overinclusive.
18. There are also 1,911 LPTV stations
and 389 Class A stations.31 Given the
nature of these services, we will
presume that all of these entities qualify
as small entities under the above SBA
small business size standard.
19. Radio Stations. This economic
Census category ‘‘comprises
establishments primarily engaged in
broadcasting aural programs by radio to
the public.’’ 32 The SBA has created the
28 FCC News Release, Broadcast Station Totals as
of September 30, 2018 (rel. Oct. 3, 2018) (Broadcast
Station Totals), https://www.fcc.gov/document/
broadcast-station-totals-september-30-2018.
29 Id.
30 ‘‘[Business concerns] are affiliates of each other
when one concern controls or has the power to
control the other or a third party or parties controls
or has the power to control both.’’ 13 CFR
21.103(a)(1).
31 Broadcast Station Totals supra note 28.
32 U.S. Census Bureau, 2012 NAICS Definitions,
‘‘515112 Radio Stations,’’ at https://www.census.gov/
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
following small business size standard
for this category: Those having $38.5
million or less in annual receipts.33
Census data for 2012 shows that 2,849
firms in this category operated in that
year.34 Of this number, 2,806 firms had
annual receipts of less than $25,000,000,
and 43 firms had annual receipts of
$25,000,000 or more.35 Therefore, based
on the SBA’s size standard, the majority
of such entities are small entities.
20. Apart from the U.S. Census, the
Commission has estimated the number
of licensed commercial AM radio
stations to be 4,626 stations 36 and the
number of commercial FM radio
stations to be 6,737, for a total number
of 11,363.37 Of this total, 11,362 stations
had revenues of $38.5 million or less,
according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on October 1,
2018. In addition, the Commission has
estimated the number of noncommercial
educational FM radio stations to be
4,130.38 NCE stations are non-profit, and
therefore considered to be small
entities.39 Therefore, we estimate that
the majority of radio broadcast stations
are small entities.
21. Low Power FM Stations. The same
SBA definition that applies to radio
stations would apply to low power FM
stations. As noted above, the SBA has
created the following small business
size standard for this category: Those
having $38.5 million or less in annual
receipts.40 The Commission has
estimated the number of licensed low
power FM stations to be 1,966.41 In
addition, as of June 30, 2017, there were
a total of 7,453 FM translator and FM
booster stations.42 Given the nature of
these services, we will presume that
these licensees qualify as small entities
under the SBA definition.
22. We note again, however, that in
assessing whether a business concern
cgi-bin/sssd/naics/naicsrch. This category
description continues, ‘‘Programming may originate
in their own studio, from an affiliated network, or
from external sources.’’
33 13 CFR 121.201; NAICS code 515112.
34 U.S. Census Bureau, Table No. EC0751SSSZ4,
Information: Subject Series—Establishment and
Firm Size: Receipts Size of Firms for the United
States: 2012 (515112), https://factfinder2.census.gov/
faces/tableservices/jsf/pages/
productview.xhtml?pid=ECN_2007_US_
51SSSZ4&prodType=table.
35 Id.
36 Broadcast Station Totals supra note 28.
37 Id.
38 Id.
39 5 U.S.C. 601(4), (6).
40 13 CFR 121.201, NAICS Code 515112.
41 News Release, ‘‘Broadcast Station Totals as of
June 30, 2017’’ (rel. July 11, 2017) (https://
fjallfoss.fcc.gov/edocs_public/attachmatch/DOC304594A1315231A1.pdf).
42 News Release, ‘‘Broadcast Station Totals as of
June 30, 2017’’ (rel. July. 11, 2017).
E:\FR\FM\08FER1.SGM
08FER1
Pmangrum on DSK3GMQ082PROD with RULES
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
qualifies as ‘‘small’’ under the above
definition, business (control)
affiliations 43 must be included. Because
we do not include or aggregate revenues
from affiliated companies in
determining whether an entity meets the
applicable revenue threshold, our
estimate of the number of small radio
broadcast stations affected is likely
overstated. In addition, as noted above,
one element of the definition of ‘‘small
business’’ is that an entity not be
dominant in its field of operation. We
are unable at this time to define or
quantify the criteria that would
establish whether a specific radio
broadcast station is dominant in its field
of operation. Accordingly, our estimate
of small radio stations potentially
affected by the proposed rules includes
those that could be dominant in their
field of operation. For this reason, such
estimate likely is over-inclusive.
23. Description of Reporting, Record
Keeping, and Other Compliance
Requirements for Small Entities. In this
section, we identify the reporting,
recordkeeping, and other compliance
requirements in the Order and consider
whether small entities are affected
disproportionately by any such
requirements.
24. Reporting Requirements. The
Order does not adopt new reporting
requirements.
25. Recordkeeping Requirements. The
Order does not adopt new
recordkeeping requirements.
26. Other Compliance Requirements.
The Order does not adopt new
compliance requirements. Because no
commenter provided information
specifically quantifying the costs and
administrative burdens of complying
with the existing recordkeeping
requirements, we cannot precisely
estimate the impact on small entities of
eliminating them. The adopted rule
revisions remove certain record keeping
requirements for all affected broadcast
licensees, including small entities.
Numerous parties in the Modernization
of Media Regulation Initiative,
including all parties which commented
on the NPRM have requested that the
Commission remove broadcast license
posting requirements and related record
keeping requirements and no parties in
this proceeding opposed such
proposals.
27. Steps Taken to Minimize
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered. The RFA requires an
43 ‘‘[Business concerns] are affiliates of each other
when one concern controls or has the power to
control the other or a third party or parties controls
or has the power to control both.’’ 13 CFR
21.103(a)(1).
VerDate Sep<11>2014
15:11 Feb 07, 2019
Jkt 247001
2757
agency to describe any significant
alternatives that it has considered in
reaching its 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.44
28. The Order eliminates
recordkeeping obligations requiring the
posting of broadcast stations’ license
and other authorizations.45 These
actions are intended to modernize the
Commission’s regulations and reduce
costs and recordkeeping burdens for
affected entities, including small
entities. Under the revised rules,
affected entities no longer will need to
expend time and resources posting
licenses and related information already
available to the Commission, and most
of which is publicly accessible by
electronic means.
154(j), 303, 309, 310, and 336, this
Report and Order is adopted.
33. It is further ordered that the
Commission’s rules are hereby amended
as set forth in the Final Rules below,
effective as of the date of publication of
a summary in the Federal Register.46
34. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
35. It is further ordered that the
Commission shall send a copy of the
Report and Order in a report to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act (CRA).
B. Paperwork Reduction Analysis
29. This document eliminates, and
thus does not contain new or revised,
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13, 44
U.S.C. 3501–3520. In addition,
therefore, it does not contain any new
or modified ‘‘information burden for
small business concerns with fewer than
25 employees’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, 44 U.S.C.
3506(c)(4).
47 CFR Part 5
Radio, Reporting and recordkeeping
requirements.
C. Congressional Review Act
30. The Commission will send a copy
of this Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
31. Additional Information.—For
additional information on this
proceeding, contact Jonathan Mark,
Jonathan.Mark@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
3634.
III. Ordering Clauses
32. Accordingly, it is ordered that,
pursuant to the authority found in
sections 1, 4(i), 4(j), 303, 309, 310, and
336 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i),
44 5
U.S.C. 603(c)(1)–(4).
supra Section A.
Frm 00053
Fmt 4700
47 CFR Part 0
Reporting and Recordkeeping
Requirements.
47 CFR Part 1
Communications common carriers,
Radio, Reporting and recordkeeping
requirements, Television.
47 CFR Parts 73 and 74
Radio, Reporting and recordkeeping
requirements, Television.
Federal Communications Commission.
Katura Jackson,
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 0, 1,
5, 73, and 74 as follows:
PART 0—COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
■
Authority: Sec. 5, 48 Stat. 1068, as
amended; 47 U.S.C. 155, 225, unless
otherwise noted.
2. Amend § 0.408 in the table in
paragraph (b) by revising the entry
‘‘3060–0633’’ to read as follows:
■
§ 0.408 OMB control numbers and
expiration dates assigned pursuant to the
Paperwork Reduction Act of 1995.
*
*
*
*
*
46 These rules serve to ‘‘reliev[e] a restriction.’’ 5
U.S.C. 553(d)(1).
45 See
PO 00000
List of Subjects
Sfmt 4700
E:\FR\FM\08FER1.SGM
08FER1
2758
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
(b) * * *
OMB control
No.
FCC form no. or 47 CFR section or part, docket no., or title identifying the collection
*
3060–0633 ..
*
*
*
*
*
Secs. 74.165, 74.432, and 74.832 ............................................................................................................................
*
*
*
*
PART 1—PRACTICE AND
PROCEDURE
PART 73—RADIO BROADCAST
SERVICES
■
3. The authority citation for part 1
continues to read as follows:
■
Authority: 47 U.S.C. chs. 2, 5, 9, 13; Sec.
102(c), Div. P, Public Law 115–141, 132 Stat.
1084; 28 U.S.C. 2461, unless otherwise noted.
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
7. The authority citation for part 73
continues to read as follows:
4. Amend § 1.62 by revising paragraph
(a)(2) to read as follows:
■
§ 1.62 Operation pending action on
renewal application.
§ 73.1230
[Removed]
Share time.
*
6. Amend § 5.203 by revising
paragraph (b) to read as follows:
■
§ 5.203 Experimental authorizations for
licensed broadcast stations.
*
*
*
*
(b) Experimental authorizations for
licensed broadcast stations may be
requested by filing an informal
application with the FCC in
Washington, DC, describing the nature
and purpose of the experimentation to
be conducted, the nature of the
experimental signal to be transmitted,
and the proposed schedule of hours and
duration of the experimentation.
*
*
*
*
*
Jkt 247001
[Amended]
9. Amend § 73.801 by removing
‘‘Section 73.1230 Posting of station
license’’.
■
§ 73.1715
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 336.
15:11 Feb 07, 2019
§ 73.801
10. Remove § 73.1230.
11. Amend § 73.1715 by revising
paragraph (a) to read as follows:
5. The authority citation for part 5
continues to read as follows:
VerDate Sep<11>2014
§ 73.1725
*
*
*
*
(b) When the description of the
monitoring point as shown on the
station license is no longer correct due
to road or building construction or other
changes, the licensee must prepare and
file with the FCC, in Washington, DC, a
request for a corrected station license
showing the new monitoring point
description. The request shall include
the information specified in paragraphs
(a)(3) and (4) of this section, and a copy
of the station’s current license.
■
■
*
§ 73.158
points.
Directional antenna monitoring
*
*
*
*
(a) If the licenses of stations
authorized to share time do not specify
hours of operation, the licensees shall
endeavor to reach an agreement for a
definite schedule of periods of time to
be used by each. Such agreement shall
be in writing and each licensee shall file
it in duplicate original with each
application to the FCC in Washington,
DC for renewal of license. If and when
such written agreements are properly
filed in conformity with this section, the
file mark of the FCC will be affixed
thereto, one copy will be retained by the
FCC, and one copy returned to the
licensee and will be considered as part
of the station’s license. If the license
specifies a proportionate time division,
the agreement shall maintain this
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
*
04/30/18
*
proportion. If no proportionate time
division is specified in the license, the
licensees shall agree upon a division of
time. Such division of time shall not
include simultaneous operation of the
stations unless specifically authorized
by the terms of the license
*
*
*
*
*
■
■
PART 5—EXPERIMENTAL RADIO
SERVICE
*
8. Amend § 73.158 by revising
paragraph (b) to read as follows:
■
*
(a) * * *
(2) A non-broadcast licensee operating
by virtue of this paragraph (a) shall,
after the date of expiration specified in
the license, post, in addition to the
original license, any acknowledgment
received from the Commission that the
renewal application has been accepted
for filing or a signed copy of the
application for renewal of license which
has been submitted by the licensee, or
in services other than common carrier,
a statement certifying that the licensee
has mailed or filed a renewal
application, specifying the date of
mailing or filing.
*
*
*
*
*
Pmangrum on DSK3GMQ082PROD with RULES
*
OMB expiration date
12. Amend § 73.1725 by revising
paragraph (c) to read as follows:
Limited time.
*
*
*
*
*
(c) The licensee of a secondary station
which is authorized to operate limited
time and which may resume operation
at the time the Class A station (or
stations) on the same channel ceases
operation shall, with each application
for renewal of license, file in triplicate
a copy of its regular operating schedule.
It shall bear a signed notation by the
licensee of the Class A station of its
objection or lack of objection thereto.
Upon approval of such operating
schedule, the FCC will affix its file mark
and return one copy to the licensee
authorized to operate limited time. Such
approved operating schedule shall be
considered part of the station’s license.
Departure from said operating schedule
will be permitted only pursuant to
§ 73.1715 (Share time).
13. Amend § 73.1870 by revising
paragraph (b)(3) to read as follows:
■
§ 73.1870
Chief operators.
*
*
*
*
*
(b) * * *
(3) The designation of the chief
operator must be in writing. Agreements
with chief operators serving on a
contract basis must be in writing with
a copy kept in the station files.
*
*
*
*
*
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
14. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 310, 336 and 554.
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 / Rules and Regulations
15. Amend § 74.432 by revising
paragraph (j) and removing the note at
the end of the section to read as follows:
■
§ 74.432 Licensing requirements and
procedures.
*
■
*
*
*
*
*
(j) The license shall be retained in the
licensee’s files at the address shown on
the authorization.
*
*
*
*
*
§ 74.564
■
16. Remove § 74.564.
§ 74.664
■
[Removed]
[Removed]
17. Remove § 74.664.
§ 74.733
[Amended]
18. Amend § 74.733 by removing
paragraph (i), redesignating paragraph
(j) as paragraph (i), and removing the
note at the end of the section.
■
§ 74.765
25. Amend § 74.1281 by revising
paragraph (c) to read as follows:
§ 74.1281
Station records.
*
*
*
*
(c) The station records shall be
maintained for inspection at a
residence, office, or public building,
place of business, or other suitable
place, in one of the communities of
license of the translator or booster,
except that the station records of a
booster or translator licensed to the
licensee of the primary station may be
kept at the same place where the
primary station records are kept. The
station records shall be made available
upon request to any authorized
representative of the Commission.
*
*
*
*
*
[FR Doc. 2019–01491 Filed 2–7–19; 8:45 am]
BILLING CODE 6712–01–P
[Removed]
DEPARTMENT OF COMMERCE
19. Remove § 74.765.
■ 20. Amend § 74.781 by revising
paragraph (c) to read as follows:
National Oceanic and Atmospheric
Administration
§ 74.781
50 CFR Part 622
■
Station records.
*
*
*
*
*
(c) The station records shall be
maintained for inspection at a
residence, office, or public building,
place of business, or other suitable
place, in one of the communities of
license of the translator or booster,
except that the station records of a
booster or translator licensed to the
licensee of the primary station may be
kept at the same place where the
primary station records are kept. The
station records shall be made available
upon request to any authorized
representative of the Commission.
*
*
*
*
*
§ 74.787
[Amended]
21. Amend § 74.787(a)(5)(viii) by
removing ‘‘§ 74.765 Posting of station
and operator licenses’’.
■
§ 74.789
[Amended]
22. Amend § 74.789 by removing
‘‘§ 74.765 Posting of station and operator
licenses’’.
■ 23. Amend § 74.832 by revising
paragraph (j) to read as follows:
Pmangrum on DSK3GMQ082PROD with RULES
■
§ 74.832 Licensing requirements and
procedures.
*
*
*
*
*
(j) The license shall be retained in the
licensee’s files at the address shown on
the authorization.
§ 74.1265
■
[Removed]
24. Remove § 74.1265.
VerDate Sep<11>2014
15:11 Feb 07, 2019
Jkt 247001
[Docket No. 160426363–7275–02]
RIN 0648–XG762
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; Commercial Trip Limit
Increase for King Mackerel in the
Atlantic Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
increase.
AGENCY:
NMFS increases the
commercial trip limit for king mackerel
in or from Federal waters in an area off
the Florida east coast between the
border of Flagler and Volusia Counties
and the border of Miami-Dade and
Monroe Counties in the Atlantic
southern zone to 75 fish per day. This
commercial trip limit increase is
necessary to maximize the
socioeconomic benefits associated with
harvesting the commercial quota of
Atlantic migratory group king mackerel.
DATES: This temporary rule is effective
from 12:01 a.m., local time, on February
7, 2019, through February 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
karla.gore@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
SUMMARY:
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
2759
includes king mackerel, Spanish
mackerel, and cobia, and is managed
under the Fishery Management Plan for
the Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region (FMP). The FMP was prepared
by the Gulf of Mexico and South
Atlantic Fishery Management Councils
and is implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
weights for Atlantic migratory group
king mackerel (Atlantic king mackerel)
below apply as either round or gutted
weight.
On April 11, 2017, NMFS published
a final rule to implement Amendment
26 to the FMP in the Federal Register
(82 FR 17387). That final rule adjusted
the management boundaries, zones, and
annual catch limits for Atlantic king
mackerel. The commercial quota for
Atlantic king mackerel in the southern
zone is 4,001,920 lb (1,815,240 kg) for
the current fishing year, March 1, 2018,
through February 28, 2019 (50 CFR
622.384(b)(2)(ii)). The seasonal quotas
are 2,401,152 lb (1,089,144 kg) for the
period March 1 through September 30
(50 CFR 622.384(b)(2)(ii)(A)), and
1,600,768 lb (726,096 kg) for October 1
through the end of February (50 CFR
622.384(b)(2)(ii)(B)).
The Atlantic king mackerel southern
zone encompasses an area of Federal
waters south of a line extending from
the state border of North Carolina and
South Carolina, as specified in 50 CFR
622.2, and north of a line extending due
east from the border of Miami-Dade and
Monroe Counties, Florida (50 CFR
622.369(a)(2)(ii)). From October 1
through January 31, the commercial trip
limit for king mackerel in or from the
southern zone that may be possessed on
board or landed from a federally
permitted vessel is 50 fish per day (50
CFR 622.385(a)(1)(ii)(C)).
However, if NMFS determines that
less than 70 percent of the Atlantic
southern zone commercial quota
specified in 50 CFR 622.384(b)(2)(ii)(B)
has been harvested by February 1, then
during the month of February, the
commercial trip limit for king mackerel
in or from a specified area of the
southern zone that may be possessed on
board or landed from a federally
permitted vessel is increased to 75 fish
per day (50 CFR 622.385(a)(1)(ii)(D)).
The area of the southern zone in which
the commercial trip limit increase
applies is in Federal waters south of
29°25′ N lat., which is a line that
extends due east from the border of
Flagler and Volusia Counties, Florida,
and north of 25°20′24″ N lat., which is
E:\FR\FM\08FER1.SGM
08FER1
]]>Agencies
[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2753-2759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01491]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 5, 73, and 74
[MB Docket No. 18-121; FCC 18-174]
Posting of Station Licenses and Related Information
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) eliminates provisions of our rules that require
broadcasters to post and maintain copies of their licenses and related
information in specific locations. These rules have become redundant
and obsolete now that licensing information is readily accessible
online through the Commission's databases, including CDBS, LMS, and
ULS. It therefore finds that eliminating these rules, which apply in
some form to all broadcast licensees, will serve the public interest.
DATES: Effective February 8, 2019.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Jonathan Mark, Jonathan.Mark@fcc.gov, of the Media Bureau, Policy
Division, (202) 418-3634. Direct press inquiries to Janice Wise at
(202) 418-8165.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order), FCC 18-174, adopted December 10, 2018 and released
on December 11, 2018. The full text of this document is available
electronically via the FCC's Electronic Document Management System
(EDOCS) website at https://fjallfoss.fcc.gov/edocs_public/ or via the
FCC's Electronic Comment Filing System (ECFS) website at https://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically
in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also
available for public inspection and copying during regular business
hours in the FCC Reference Information Center, which is located in Room
CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554.
The Reference Information Center is open to the public Monday through
Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30
a.m. The complete text may be purchased from the Commission's copy
contractor, 445 12th Street, SW, Room CY-B402, Washington, DC 20554.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
email to fcc504@fcc.gov or calling the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Synopsis
I. Report and Order
1. In this Report and Order (Order), we eliminate the provisions in
parts 1, 5, 73 and 74 of our rules that require the posting and
maintenance of broadcast licenses and related information in specific
locations.\1\ In May 2018, the Federal Communications Commission
(Commission) issued a Notice of Proposed Rulemaking (NPRM) (83 FR
30901) seeking comment on whether to eliminate license posting rules
that appeared to be redundant and obsolete now that licensing
information is readily accessible online through the Commission's
databases. Commenters in this proceeding unanimously support the
elimination of these rules. As detailed below, we find that eliminating
these requirements, which apply in some form to all broadcast
licensees, will serve the public interest. In doing so, we advance the
Commission's goal of modernizing our media rules and remove unnecessary
regulatory burdens that impede competition and innovation in the media
marketplace.
---------------------------------------------------------------------------
\1\ By this Order, we also eliminate provisions in our rules
which reference or cross-reference broadcast license posting rules.
---------------------------------------------------------------------------
2. Broadcast license posting rules predate the establishment of the
Commission. As explained in the NPRM, the Federal Radio Commission
promulgated the earliest iteration of broadcast license posting
requirements on record in 1930. Subsequent Commission decisions revised
and
[[Page 2754]]
expanded to new broadcast services license posting obligations and
requirements to maintain records at specific locations, but provided no
explicit rationale for such rules. Based on the text and history of
these rules, the NPRM noted that the intended purpose of the rules may
have been to ensure that information regarding station authorizations,
ownership, and contact information was readily available and easily
accessible to the Commission and public. Commenters in this proceeding
do not identify any alternative purpose or use for these rules and
maintain that, with the advent of online sources for licensee
information, the burdens that compliance with these rules imposes on
licensees clearly outweigh any original benefits they may have
provided.
3. Consistent with our proposals in the NPRM, we eliminate the
license posting rules applicable to broadcasters and the related rules
that require records to be maintained at specific locations.\2\ We
agree with commenters that ``while the posting rule[s] may have made
sense almost 90 years ago'' they no longer serve the public interest
given that all Commission licenses and related authorizations required
to be displayed or maintained are now available ``24/7'' through
publicly accessible online databases. Specifically, broadcast station
licenses and other authorizations are currently accessible online
through several Commission databases, including the Commission's
Consolidated Database System (CDBS), Licensing Management System (LMS),
and Universal Licensing Service (ULS).\3\ For full power and Class A
television stations and AM and FM radio stations, licenses and related
authorizations are also accessible through the Commission's Online
Public Inspection File.\4\ In addition, the public may access orders
and dispositions regarding station construction or facilities
operation, which are required to be physically posted pursuant to two
of our existing rules, through the Commission's online licensing
databases.
---------------------------------------------------------------------------
\2\ Specifically, we eliminate the following rules, each of
which applies specifically to broadcast licensees: 47 CFR 73.1230
(all broadcast licensees), 74.564 (aural broadcast auxiliary
stations), 74.664 (television broadcast auxiliary stations), 74.765
(LPTV and TV translator stations), and 74.1265 (FM translator and
booster stations). In addition, we amend the following rules to
eliminate license posting obligations: 47 CFR 1.62(a)(2) (which
currently requires all Commission licensees to post information
pertaining to license renewal applications as well as the license
itself, so that it applies only to non-broadcast licensees),
5.203(b) (removing the requirement to post experimental licenses),
74.432(j) (removing the requirement that remote pickup station
licenses be ``posted at the transmitter, or posted at the control
point of the station''), 74.832(j) (removing the requirement that
low power auxiliary station licenses be ``posted at the transmitter,
or posted at the control point of the station''). The NPRM
incorrectly proposed to amend paragraph (a)(3)(viii) of 47 CFR
74.787, instead of paragraph (a)(5)(viii). This has been corrected
in the Final Rules. We also note that one additional change not
captured in the NPRM is in the Final Rules below.
\3\ Specifically, this information is readily available through
CDBS, https://licensing.fcc.gov/prod/cdbs/pubacc/prod/app_sear.htm.
Similarly, the public may access copies of a station's license,
which includes the station call sign and name, address, and
telephone number of the station licensee and point of contact,
through LMS, https://enterpriseefiling.fcc.gov/dataentry/login.html
and/or ULS, https://wireless.fcc.gov/uls/index.htm?job=home. While
most broadcast licenses are accessible through CDBS and LMS,
licenses for aural and television broadcast auxiliary services are
accessible through ULS. In addition, information regarding broadcast
license renewal applications, which must be posted pursuant to Sec.
1.62(a) of the rules, is available online via CDBS and LMS. 47 CFR
1.62(a) (requiring posting of, ``in addition to the original
license, any acknowledgment received from the Commission that the
renewal application has been accepted for filing or a signed copy of
the application for renewal of license which has been submitted by
the licensee'').
\4\ Online Public Inspection File, available at https://publicfiles.fcc.gov/. See 47 CFR 73.3526 (governing public file
obligations of commercial full power AM, FM, and TV stations and
Class A television stations); 47 CFR 73.3527 (governing public file
obligations of noncommercial educational broadcast stations).
---------------------------------------------------------------------------
4. We also find the additional posting requirements in Sec. Sec.
74.765(b) and 74.1265(b) of our rules to be unnecessary for similar
reasons. These provisions require that LPTV, translator, and booster
stations post at the transmitter site the station's call sign; the
name, address, and telephone number of the licensee or local
representative of the licensee; and ``the name and address of a person
and place where the station records are maintained.'' As Nexstar notes
in its comments, much of the information required to be posted under
these rules is available on the station licenses or authorizations
themselves, which as noted above, the public may easily access online
via CDBS, LMS, or ULS. This information includes the station's call
sign and the name and address of the station's licensee. Although LPTV,
translator, and booster stations are not required to maintain public
inspection files, they must include the contact information, including
a telephone number, of personnel that may serve as a general point of
contact on various Commission forms, which are publicly available via
our online licensing databases. We therefore find no continued need for
broadcasters to separately identify a local representative or a
custodian of station records and display such information.\5\ Moreover,
no commenter has provided any justification for continuing to require
broadcasters to post or maintain at specific locations a physical copy
of their licenses, authorizations, or general or local contact
information.
---------------------------------------------------------------------------
\5\ Since we do not find that the public interest necessitates
separately compiling custodian of records' contact information
online, we decline to adopt HC2's proposal to modify existing
Commission forms to solicit this information.
---------------------------------------------------------------------------
5. We further find that requirements to physically display
licensing documents at the site of broadcast facilities are often
ineffective. As NAB illustrates, requirements that mandate posting at
the transmission site can be of little benefit to the public because
certain transmission sites, including those of booster and translator
stations, ``are often in areas surrounded by security fencing, thereby
limiting the public access to these facilities and any posted
information.'' Further, provisions mandating that broadcasters post
licenses and other authorizations at the ``principal [control] point of
the transmitter'' have been rendered obsolete by the internet, which
has enabled broadcasters to transition to dial-up or IP systems that
manage their transmitter stations remotely through a smartphone or
personal computer. This trend, in conjunction with the elimination of
the broadcast main studio rule, has rendered the physical posting of
licenses out of step with technology and our other rules. We agree with
NAB that ``posting physical documents at transmission facilities is
redundant and provides no meaningful value to the public,'' and we
eliminate these requirements.
6. There is no evidence in the record suggesting that eliminating
license posting and related requirements would undermine any public
safety objectives. HC2 explains that posted information ``is often
barely visible because the posting is well above eye level, or obscured
by other equipment, or damaged and faded as a result of weather'' and
is therefore not useful during emergencies.\6\ In these circumstances,
the contact information first responders need is readily available
through the Commission databases.\7\
[[Page 2755]]
Commenters also explain that because licensees typically do not own the
towers on which their antennas are placed, eliminating requirements to
have licensees' information physically displayed would not likely
impede a first responder's ability to contact the appropriate person
during an emergency. In many cases, antenna structure registration
numbers allow first responders and others to rapidly identify the owner
of a tower structure in the event of a tower lighting outage, collision
or other problem, removing the need for licensee contact information.
---------------------------------------------------------------------------
\6\ HC2 further notes that posted information often is of
limited utility because it is in a different location from the site
of an emergency. For example, ``posted contact information at the
transmitter, even if perfectly visible and accessible, is not
helpful when the emergency is at the antenna site,'' which may be
``some distance away,'' or vice versa. HC2 Comments at 5 (``For
example, a firefighter battling a fire at an antenna site would not
have any use for contact information posted at the transmitter quite
some distance away.'').
\7\ We acknowledge that natural disasters may in some instances
limit the ability of first responders to access these databases. For
instance, immediately after Hurricane Maria, over 95 percent of
Puerto Rico's wireless cell sites were out of service. On a going
forward basis, we commit to monitoring the impact of this rule
change on first responders' ability to access the contact
information they need in the event of an emergency.
---------------------------------------------------------------------------
7. For the foregoing reasons, we find that the provisions in parts
1, 5, 73 and 74 of our rules requiring the physical posting and
maintenance of broadcast licenses and related information at specific
locations are redundant, obsolete, and unduly burdensome. Accordingly,
we find that eliminating these requirements, as well as associated
cross-references to them and similar requirements, is in the public
interest and that the benefits of eliminating these requirements
outweigh any costs of doing so.
II. Procedural Matters
A. Final Regulatory Flexibility Act Analysis
8. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\8\ an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (NPRM) in MB Docket
18-121.\9\ The Commission sought written public comments on proposals
in the NPRM, including comment on the IRFA. The Commission received no
direct comments on the IRFA. The present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
---------------------------------------------------------------------------
\8\ See 5 U.S.C. 603. The RFA, see U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
The SBREFA was enacted as Title II of the Contract with America
Advancement Act of 1996 (CWAAA).
\9\ Amendment of Parts 0, 1, 5, 73, and 74 of the Commission's
Rules Regarding Posting of Station Licenses and Related Information,
Notice of Proposed Rulemaking, 33 FCC Rcd 4757 (May 10, 2018) (NPRM)
(83 FR 30901).
---------------------------------------------------------------------------
9. Need for, and Objectives of, the Report and Order. The Report
and Order (Order) arises from a Public Notice issued by the Commission
in May 2017, launching an initiative to modernize the Commission's
media regulations, and the subsequent NPRM.\10\ It eliminates
provisions of the Commission's rules which require the posting and
maintenance of broadcast licenses and related information in specific
locations. Numerous parties in those proceedings argued for the
elimination of these rules on the basis that they are redundant and
obsolete.
---------------------------------------------------------------------------
\10\ See id.; Commission Launches Modernization of Media
Regulation Initiative, Public Notice, 32 FCC Rcd 4406 (2017)
(initiating a review of rules applicable to media entities to
eliminate or modify regulations that are outdated, unnecessary or
unduly burdensome).
---------------------------------------------------------------------------
10. Specifically, the Order eliminates: Section 73.1230, which
requires broadcast stations to post their station license and other
authorizations at ``the principal control point of the transmitter''
and prescribes the manner of such posting; \11\ Sec. 73.801, which
applies Sec. 73.1230 to low power stations; \12\ Sec. 74.1265, which
requires FM booster and translator stations to physically display their
call sign and other information at the antenna site; \13\ Sec. Sec.
74.564 and 74.664, applicable to aural and television broadcast
auxiliary stations,\14\ respectively, which require stations to post
licenses and any other authorizations ``in the room in which the
transmitter is located'' and prescribes the manner of such posting;
\15\ Sec. Sec. 74.432(j) and 74.832(j), which require remote pickup
station and low power auxiliary station licensees to post licenses
either at the transmitter or station control point; \16\ Sec.
5.203(b),\17\ which requires broadcast licensees to post experimental
authorizations along with their station license; Sec. 1.62(a)(2),\18\
which requires all Commission licensees, including broadcast entities,
to post information pertaining to license renewal applications as well
as the license itself; and Sec. 74.765, which requires LPTV and TV
translator to physically display their call sign together with the
name, address, and telephone number of the licensee or local
representative of the licensee and the name and address of a person and
place where station records are maintained at the antenna site.
Sections 74.765(a) and 74.1265(a) also contain record maintenance
obligations that this Order eliminates because they are duplicative of
Sec. Sec. 74.781 and 74.1281, respectively.
---------------------------------------------------------------------------
\11\ 47 CFR 73.1230.
\12\ 47 CFR 73.801.
\13\ 47 CFR 74.1265.
\14\ 47 CFR 74.564, 74.664.
\15\ 47 CFR 74.565; 47 CFR 74.664.
\16\ 47 CFR 74.432(j), 74.832(j).
\17\ 47 CFR 5.203(b).
\18\ 47 CFR 1.62(a)(2).
---------------------------------------------------------------------------
11. The Order also removes similar requirements and cross-
references to licenses posting rules as follows: Section 0.408 (cross-
referencing the license posting rules); Sec. 73.158(b), which requires
any updated descriptions of directional antenna monitoring points to be
``posted with the existing station license''; Sec. 73.801, which
applies Sec. 73.1230 to LPFM stations; Sec. 73.1715(a), which
requires broadcast licensees authorized to share time to file written
agreements with the Commission and post with the station license; Sec.
73.1725(c), requiring ``the licensee of a secondary station which is
authorized to operate limited time'' to post approval of its limited
time operating schedule with the station license); Sec. 73.1870(b)(3),
which states that ``the designation of the chief operator [for full
power and Class A stations] must be in writing with a copy of the
designation posted with the station license.''; Sec. 74.733(i), which
states that ``[t]he provisions of Sec. 74.765 concerning posting of
station license shall apply to a UHF translator signal booster . . .'';
Sec. 74.781(c), which states that ``[t]he name of the person keeping
[LPTV and TV translator] station records, together with the address of
the place where the records are kept, shall be posted in accordance
with Sec. 74.765(c) of the rules.''; Sec. 74.787(a)(5)(viii), which
applies Sec. 74.765 to digital low power television and television
translator stations; Sec. 74.789; and Sec. 74.1281, which references
Sec. 74.1265(b). These rule changes are intended to reduce outdated
regulations and unnecessary regulatory burdens that can impede
competition and innovation in media markets.
12. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. No comments were filed in response to the IRFA.
13. Response to Comments by the Chief Counsel for Advocacy of the
Small Business Administration. 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 Advocacy of the SBA and
to provide a detailed statement of any change made to the proposed
rules as a result of those comments.\19\ The Chief Counsel did not file
any comments in response to this proceeding.
---------------------------------------------------------------------------
\19\ 5 U.S.C. 604(a)(3).
---------------------------------------------------------------------------
14. Description and Estimate of the Number of Small Entities to
Which Rules Will Apply. The RFA directs agencies to provide a
description of and, where feasible, an estimate of the number of small
entities that will be affected by the rules adopted.\20\ The
[[Page 2756]]
RFA generally defines the term ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction'' \21\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\22\ 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.\23\ The final rules adopted herein affect small
television and radio broadcast stations. A description of these small
entities, as well as an estimate of the number of such small entities,
is provided below.
---------------------------------------------------------------------------
\20\ Id.
\21\ 5 U.S.C. 601(6).
\22\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\23\ 15 U.S.C. 632.
---------------------------------------------------------------------------
15. Television Broadcasting. This Economic Census category
``comprises establishments primarily engaged in broadcasting images
together with sound.'' \24\ These establishments operate television
broadcast studios and facilities for the programming and transmission
of programs to the public.\25\ These establishments also produce or
transmit visual programming to affiliated broadcast television
stations, which in turn broadcast the programs to the public on a
predetermined schedule. Programming may originate in their own studio,
from an affiliated network, or from external sources. The SBA has
created the following small business size standard for such businesses:
Those having $38.5 million or less in annual receipts.\26\ The 2012
Economic Census reports that 751 firms in this category operated in
that year. Of that number, 656 had annual receipts of less than
$25,000,000, and 95 had annual receipts of $25,000,000 or more.\27\
Based on this data, we estimate that the majority of commercial
television broadcasters are small entities under the applicable SBA
size standard.
---------------------------------------------------------------------------
\24\ U.S. Census Bureau, 2012 North American Industry
Classification System (NAICS) Definitions, ``515120 Television
Broadcasting,'' https://www.census.gov./cgi-bin/sssd/naics/naicsrch.
\25\ Id.
\26\ 13 CFR 121.201; 2012 NAICS Code 515120.
\27\ U.S. Census Bureau, Table No. EC1251SSSZ4, Information:
Subject Series--Establishment and Firm Size: Receipts Size of Firms
for the United States: 2012 (515120 Television Broadcasting),
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51SSSZ4&prodType=table.
---------------------------------------------------------------------------
16. In addition, the Commission has estimated the number of
licensed commercial television stations to be 1,349.\28\ Of this total,
1,277 stations had revenues of $38.5 million or less, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on October 1, 2018. Such entities, therefore,
qualify as small entities under the SBA definition. The Commission has
estimated the number of licensed noncommercial educational (NCE)
television stations to be 412.\29\ The Commission, however, does not
compile and does not have access to information on the revenue of NCE
stations that would permit it to determine how many such stations would
qualify as small entities.
---------------------------------------------------------------------------
\28\ FCC News Release, Broadcast Station Totals as of September
30, 2018 (rel. Oct. 3, 2018) (Broadcast Station Totals), https://www.fcc.gov/document/broadcast-station-totals-september-30-2018.
\29\ Id.
---------------------------------------------------------------------------
17. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations \30\ must be included. Our estimate, therefore likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific television broadcast station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which the proposed rules would apply does not exclude any television
station from the definition of a small business on this basis and
therefore could be over-inclusive.
---------------------------------------------------------------------------
\30\ ``[Business concerns] are affiliates of each other when one
concern controls or has the power to control the other or a third
party or parties controls or has the power to control both.'' 13 CFR
21.103(a)(1).
---------------------------------------------------------------------------
18. There are also 1,911 LPTV stations and 389 Class A
stations.\31\ Given the nature of these services, we will presume that
all of these entities qualify as small entities under the above SBA
small business size standard.
---------------------------------------------------------------------------
\31\ Broadcast Station Totals supra note 28.
---------------------------------------------------------------------------
19. Radio Stations. This economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public.'' \32\ The SBA has created the following small
business size standard for this category: Those having $38.5 million or
less in annual receipts.\33\ Census data for 2012 shows that 2,849
firms in this category operated in that year.\34\ Of this number, 2,806
firms had annual receipts of less than $25,000,000, and 43 firms had
annual receipts of $25,000,000 or more.\35\ Therefore, based on the
SBA's size standard, the majority of such entities are small entities.
---------------------------------------------------------------------------
\32\ U.S. Census Bureau, 2012 NAICS Definitions, ``515112 Radio
Stations,'' at https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
This category description continues, ``Programming may originate in
their own studio, from an affiliated network, or from external
sources.''
\33\ 13 CFR 121.201; NAICS code 515112.
\34\ U.S. Census Bureau, Table No. EC0751SSSZ4, Information:
Subject Series--Establishment and Firm Size: Receipts Size of Firms
for the United States: 2012 (515112), https://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ4&prodType=table.
\35\ Id.
---------------------------------------------------------------------------
20. Apart from the U.S. Census, the Commission has estimated the
number of licensed commercial AM radio stations to be 4,626 stations
\36\ and the number of commercial FM radio stations to be 6,737, for a
total number of 11,363.\37\ Of this total, 11,362 stations had revenues
of $38.5 million or less, according to Commission staff review of the
BIA Kelsey Inc. Media Access Pro Television Database (BIA) on October
1, 2018. In addition, the Commission has estimated the number of
noncommercial educational FM radio stations to be 4,130.\38\ NCE
stations are non-profit, and therefore considered to be small
entities.\39\ Therefore, we estimate that the majority of radio
broadcast stations are small entities.
---------------------------------------------------------------------------
\36\ Broadcast Station Totals supra note 28.
\37\ Id.
\38\ Id.
\39\ 5 U.S.C. 601(4), (6).
---------------------------------------------------------------------------
21. Low Power FM Stations. The same SBA definition that applies to
radio stations would apply to low power FM stations. As noted above,
the SBA has created the following small business size standard for this
category: Those having $38.5 million or less in annual receipts.\40\
The Commission has estimated the number of licensed low power FM
stations to be 1,966.\41\ In addition, as of June 30, 2017, there were
a total of 7,453 FM translator and FM booster stations.\42\ Given the
nature of these services, we will presume that these licensees qualify
as small entities under the SBA definition.
---------------------------------------------------------------------------
\40\ 13 CFR 121.201, NAICS Code 515112.
\41\ News Release, ``Broadcast Station Totals as of June 30,
2017'' (rel. July 11, 2017) (https://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-304594A1315231A1.pdf).
\42\ News Release, ``Broadcast Station Totals as of June 30,
2017'' (rel. July. 11, 2017).
---------------------------------------------------------------------------
22. We note again, however, that in assessing whether a business
concern
[[Page 2757]]
qualifies as ``small'' under the above definition, business (control)
affiliations \43\ must be included. Because we do not include or
aggregate revenues from affiliated companies in determining whether an
entity meets the applicable revenue threshold, our estimate of the
number of small radio broadcast stations affected is likely overstated.
In addition, as noted above, one element of the definition of ``small
business'' is that an entity not be dominant in its field of operation.
We are unable at this time to define or quantify the criteria that
would establish whether a specific radio broadcast station is dominant
in its field of operation. Accordingly, our estimate of small radio
stations potentially affected by the proposed rules includes those that
could be dominant in their field of operation. For this reason, such
estimate likely is over-inclusive.
---------------------------------------------------------------------------
\43\ ``[Business concerns] are affiliates of each other when one
concern controls or has the power to control the other or a third
party or parties controls or has the power to control both.'' 13 CFR
21.103(a)(1).
---------------------------------------------------------------------------
23. Description of Reporting, Record Keeping, and Other Compliance
Requirements for Small Entities. In this section, we identify the
reporting, recordkeeping, and other compliance requirements in the
Order and consider whether small entities are affected
disproportionately by any such requirements.
24. Reporting Requirements. The Order does not adopt new reporting
requirements.
25. Recordkeeping Requirements. The Order does not adopt new
recordkeeping requirements.
26. Other Compliance Requirements. The Order does not adopt new
compliance requirements. Because no commenter provided information
specifically quantifying the costs and administrative burdens of
complying with the existing recordkeeping requirements, we cannot
precisely estimate the impact on small entities of eliminating them.
The adopted rule revisions remove certain record keeping requirements
for all affected broadcast licensees, including small entities.
Numerous parties in the Modernization of Media Regulation Initiative,
including all parties which commented on the NPRM have requested that
the Commission remove broadcast license posting requirements and
related record keeping requirements and no parties in this proceeding
opposed such proposals.
27. Steps Taken to Minimize Significant Economic 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 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.\44\
---------------------------------------------------------------------------
\44\ 5 U.S.C. 603(c)(1)-(4).
---------------------------------------------------------------------------
28. The Order eliminates recordkeeping obligations requiring the
posting of broadcast stations' license and other authorizations.\45\
These actions are intended to modernize the Commission's regulations
and reduce costs and recordkeeping burdens for affected entities,
including small entities. Under the revised rules, affected entities no
longer will need to expend time and resources posting licenses and
related information already available to the Commission, and most of
which is publicly accessible by electronic means.
---------------------------------------------------------------------------
\45\ See supra Section A.
---------------------------------------------------------------------------
B. Paperwork Reduction Analysis
29. This document eliminates, and thus does not contain new or
revised, information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13, 44 U.S.C. 3501-3520. In
addition, therefore, it does not contain any new or modified
``information burden for small business concerns with fewer than 25
employees'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, 44 U.S.C. 3506(c)(4).
C. Congressional Review Act
30. The Commission will send a copy of this Order to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
31. Additional Information.--For additional information on this
proceeding, contact Jonathan Mark, Jonathan.Mark@fcc.gov, of the Media
Bureau, Policy Division, (202) 418-3634.
III. Ordering Clauses
32. Accordingly, it is ordered that, pursuant to the authority
found in sections 1, 4(i), 4(j), 303, 309, 310, and 336 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j),
303, 309, 310, and 336, this Report and Order is adopted.
33. It is further ordered that the Commission's rules are hereby
amended as set forth in the Final Rules below, effective as of the date
of publication of a summary in the Federal Register.\46\
---------------------------------------------------------------------------
\46\ These rules serve to ``reliev[e] a restriction.'' 5 U.S.C.
553(d)(1).
---------------------------------------------------------------------------
34. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
35. It is further ordered that the Commission shall send a copy of
the Report and Order in a report to Congress and the Government
Accountability Office pursuant to the Congressional Review Act (CRA).
List of Subjects
47 CFR Part 0
Reporting and Recordkeeping Requirements.
47 CFR Part 1
Communications common carriers, Radio, Reporting and recordkeeping
requirements, Television.
47 CFR Part 5
Radio, Reporting and recordkeeping requirements.
47 CFR Parts 73 and 74
Radio, Reporting and recordkeeping requirements, Television.
Federal Communications Commission.
Katura Jackson,
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 0, 1, 5, 73, and 74 as
follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
0
2. Amend Sec. 0.408 in the table in paragraph (b) by revising the
entry ``3060-0633'' to read as follows:
Sec. 0.408 OMB control numbers and expiration dates assigned pursuant
to the Paperwork Reduction Act of 1995.
* * * * *
[[Page 2758]]
(b) * * *
------------------------------------------------------------------------
FCC form no. or 47 CFR
section or part, docket no., OMB expiration
OMB control No. or title identifying the date
collection
------------------------------------------------------------------------
* * * * * * *
3060-0633................ Secs. 74.165, 74.432, and 04/30/18
74.832.
* * * * * * *
------------------------------------------------------------------------
PART 1--PRACTICE AND PROCEDURE
0
3. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; Sec. 102(c), Div. P,
Public Law 115-141, 132 Stat. 1084; 28 U.S.C. 2461, unless otherwise
noted.
0
4. Amend Sec. 1.62 by revising paragraph (a)(2) to read as follows:
Sec. 1.62 Operation pending action on renewal application.
(a) * * *
(2) A non-broadcast licensee operating by virtue of this paragraph
(a) shall, after the date of expiration specified in the license, post,
in addition to the original license, any acknowledgment received from
the Commission that the renewal application has been accepted for
filing or a signed copy of the application for renewal of license which
has been submitted by the licensee, or in services other than common
carrier, a statement certifying that the licensee has mailed or filed a
renewal application, specifying the date of mailing or filing.
* * * * *
PART 5--EXPERIMENTAL RADIO SERVICE
0
5. The authority citation for part 5 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 336.
0
6. Amend Sec. 5.203 by revising paragraph (b) to read as follows:
Sec. 5.203 Experimental authorizations for licensed broadcast
stations.
* * * * *
(b) Experimental authorizations for licensed broadcast stations may
be requested by filing an informal application with the FCC in
Washington, DC, describing the nature and purpose of the
experimentation to be conducted, the nature of the experimental signal
to be transmitted, and the proposed schedule of hours and duration of
the experimentation.
* * * * *
PART 73--RADIO BROADCAST SERVICES
0
7. 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
8. Amend Sec. 73.158 by revising paragraph (b) to read as follows:
Sec. 73.158 Directional antenna monitoring points.
* * * * *
(b) When the description of the monitoring point as shown on the
station license is no longer correct due to road or building
construction or other changes, the licensee must prepare and file with
the FCC, in Washington, DC, a request for a corrected station license
showing the new monitoring point description. The request shall include
the information specified in paragraphs (a)(3) and (4) of this section,
and a copy of the station's current license.
Sec. 73.801 [Amended]
0
9. Amend Sec. 73.801 by removing ``Section 73.1230 Posting of station
license''.
Sec. 73.1230 [Removed]
0
10. Remove Sec. 73.1230.
0
11. Amend Sec. 73.1715 by revising paragraph (a) to read as follows:
Sec. 73.1715 Share time.
* * * * *
(a) If the licenses of stations authorized to share time do not
specify hours of operation, the licensees shall endeavor to reach an
agreement for a definite schedule of periods of time to be used by
each. Such agreement shall be in writing and each licensee shall file
it in duplicate original with each application to the FCC in
Washington, DC for renewal of license. If and when such written
agreements are properly filed in conformity with this section, the file
mark of the FCC will be affixed thereto, one copy will be retained by
the FCC, and one copy returned to the licensee and will be considered
as part of the station's license. If the license specifies a
proportionate time division, the agreement shall maintain this
proportion. If no proportionate time division is specified in the
license, the licensees shall agree upon a division of time. Such
division of time shall not include simultaneous operation of the
stations unless specifically authorized by the terms of the license
* * * * *
0
12. Amend Sec. 73.1725 by revising paragraph (c) to read as follows:
Sec. 73.1725 Limited time.
* * * * *
(c) The licensee of a secondary station which is authorized to
operate limited time and which may resume operation at the time the
Class A station (or stations) on the same channel ceases operation
shall, with each application for renewal of license, file in triplicate
a copy of its regular operating schedule. It shall bear a signed
notation by the licensee of the Class A station of its objection or
lack of objection thereto. Upon approval of such operating schedule,
the FCC will affix its file mark and return one copy to the licensee
authorized to operate limited time. Such approved operating schedule
shall be considered part of the station's license. Departure from said
operating schedule will be permitted only pursuant to Sec. 73.1715
(Share time).
0
13. Amend Sec. 73.1870 by revising paragraph (b)(3) to read as
follows:
Sec. 73.1870 Chief operators.
* * * * *
(b) * * *
(3) The designation of the chief operator must be in writing.
Agreements with chief operators serving on a contract basis must be in
writing with a copy kept in the station files.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
14. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.
[[Page 2759]]
0
15. Amend Sec. 74.432 by revising paragraph (j) and removing the note
at the end of the section to read as follows:
Sec. 74.432 Licensing requirements and procedures.
* * * * *
(j) The license shall be retained in the licensee's files at the
address shown on the authorization.
* * * * *
Sec. 74.564 [Removed]
0
16. Remove Sec. 74.564.
Sec. 74.664 [Removed]
0
17. Remove Sec. 74.664.
Sec. 74.733 [Amended]
0
18. Amend Sec. 74.733 by removing paragraph (i), redesignating
paragraph (j) as paragraph (i), and removing the note at the end of the
section.
Sec. 74.765 [Removed]
0
19. Remove Sec. 74.765.
0
20. Amend Sec. 74.781 by revising paragraph (c) to read as follows:
Sec. 74.781 Station records.
* * * * *
(c) The station records shall be maintained for inspection at a
residence, office, or public building, place of business, or other
suitable place, in one of the communities of license of the translator
or booster, except that the station records of a booster or translator
licensed to the licensee of the primary station may be kept at the same
place where the primary station records are kept. The station records
shall be made available upon request to any authorized representative
of the Commission.
* * * * *
Sec. 74.787 [Amended]
0
21. Amend Sec. 74.787(a)(5)(viii) by removing ``Sec. 74.765 Posting
of station and operator licenses''.
Sec. 74.789 [Amended]
0
22. Amend Sec. 74.789 by removing ``Sec. 74.765 Posting of station
and operator licenses''.
0
23. Amend Sec. 74.832 by revising paragraph (j) to read as follows:
Sec. 74.832 Licensing requirements and procedures.
* * * * *
(j) The license shall be retained in the licensee's files at the
address shown on the authorization.
Sec. 74.1265 [Removed]
0
24. Remove Sec. 74.1265.
0
25. Amend Sec. 74.1281 by revising paragraph (c) to read as follows:
Sec. 74.1281 Station records.
* * * * *
(c) The station records shall be maintained for inspection at a
residence, office, or public building, place of business, or other
suitable place, in one of the communities of license of the translator
or booster, except that the station records of a booster or translator
licensed to the licensee of the primary station may be kept at the same
place where the primary station records are kept. The station records
shall be made available upon request to any authorized representative
of the Commission.
* * * * *
[FR Doc. 2019-01491 Filed 2-7-19; 8:45 am]
BILLING CODE 6712-01-P
