Filing of Applications; Modernization of Media Regulation Initiative; Revision of Requirements, 55881-55894 [2019-22052]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Proposed Rules]
[Pages 55881-55894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22052]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 05-6, 17-105, 17-264; FCC 19-97]


Filing of Applications; Modernization of Media Regulation 
Initiative; Revision of Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission adopted a Further Notice of 
Proposed Rulemaking, in which it sought comment on proposals to change 
the rules governing local public notice given by broadcast station 
applicants. These specific rule changes were proposed based on 
responses to the Notice of Proposed Rule Making in this proceeding.

DATES: Comments may be filed on or before November 18, 2019 and reply 
comments may be filed on or before December 2, 2019.

ADDRESSES: You may submit comments, identified by MB Docket No. 17-264, 
by any of the following methods:
     Federal Communications Commission's website: https://apps.fcc.gov/ecfs//. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). All filings must be 
addressed to the Commission's

[[Page 55882]]

Secretary, Office of the Secretary, Federal Communications Commission.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 888-835-5322.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau, 
Audio Division, (202) 418-2700; Thomas Nessinger, Senior Counsel, Media 
Bureau, Audio Division, (202) 418-2700. For additional information 
concerning the Paperwork Reduction Act (PRA) information collection 
requirements contained in this document, contact Cathy Williams at 202-
418-2918, or via the internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM), MB Docket Nos. 05-6, 17-
105, 17-264; FCC 19-97, adopted and released on September 26, 2019. The 
full text of this document will be available for public inspection and 
copying via ECFS, and during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street SW, Room CY-
A257, Washington, DC 20554. The full text of this document can also be 
downloaded in Word or Portable Document Format (PDF) at https://www.fcc.gov/ndbedp.

Initial Paperwork Reduction Act of 1995 Analysis

    The FNPRM in document FCC 19-97 seeks comment on proposed rule 
amendments that may result in modified information collection 
requirements. If the Commission adopts any modified information 
collection requirements, the Commission will publish another notice in 
the Federal Register inviting the public to comment on the 
requirements, as required by the Paperwork Reduction Act, Public Law 
104-13; 44 U.S.C. 3501-3520. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, the Commission seeks comment on 
how it might further reduce the information collection burden for small 
business concerns with fewer than 25 employees. Public Law 107-198; 44 
U.S.C. 3506(c)(4).

Synopsis

    1. Section 311(a) of the Communications Act of 1934, as amended 
(the Act), 47 U.S.C. 311(a), provides that when there is filed with the 
Commission any application to which section 309(b)(1) applies, for an 
instrument of authorization for a station in the broadcasting service, 
the applicant shall give notice of such filing in the principal area 
which is served or is to be served by the station. The Commission shall 
by rule prescribe the form and content of the notices to be given in 
compliance with this subsection, and the manner and frequency with 
which such notices shall be given. Section 73.3580 of the Commission's 
rules, 47 CFR 73.3580, through which this statute was implemented, 
requires applicants for broadcast authorizations to notify the public 
of the filing of applications, with certain exceptions. Section 73.3580 
applies to a broad range of applications, thus ensuring that the 
relevant communities to be served are made aware of applications and 
are given the opportunity to participate in the broadcast licensing 
process. As the rule has been revised, it has evolved into a number of 
different procedures depending on the type of station, applicant, or 
application. Generally, stations that are able to provide on-air public 
notice are required to do so. In many cases, but not all, these 
stations also must provide written public notice in a newspaper. In 
other cases where stations cannot provide on-air public notice, the 
station is required to provide only written public notice in a 
newspaper. The rule also prescribes the timing, frequency, duration, 
and content of both the on-air and written public notice and the type 
of newspaper in which the written notice must be published. 
Broadcasters have urged the Commission to update 47 CFR 73.3580 to 
allow applicants to notify the public of applications through the 
internet, in conjunction with broadcast announcements, and to consider 
simplifying the rule. The Commission released a 2017 Notice of Proposed 
Rule Making (NPRM), 32 FCC Rcd 8203 (2017), to seek comment generally 
on whether to update or even eliminate Sec.  73.3580.
    2. After considering the comments filed in response to the NPRM, 
the Commission proposes to eliminate the requirement to publish written 
public notice in newspapers, replacing newspaper publication with 
online written notice, and that online notice should link to the actual 
online application available in the Commission-hosted Online Public 
Inspection File (OPIF). It is believed that this rule change will 
reduce costs and burdens on applicants, while providing the public with 
superior information in the form of links to filed applications rather 
than summaries of those applications. The Commission further proposes 
that broadcasters currently required to give public notice by on-air 
announcements should make simpler and less frequent announcements that 
emphasize referring viewers and listeners to OPIF, and that the 
schedule of such announcements should be the same for all applicants, 
broadcast services, and application types. The Commission also proposes 
to streamline both on-air and online written public notices, and to 
replace detailed application descriptions with directions on how 
viewers and listeners can review applications in OPIF or Commission 
databases. Thus, the Commission's proposal would retain the basic 
structure of applicants' public notice obligations, but to modernize 
and streamline the process by substituting online notices for newspaper 
publication and by standardizing and simplifying those notices. The 
goal is to reduce burdens on broadcasters while providing the public 
with better and more accurate information. The Commission solicits 
comment as to these proposals, inviting commenters to opine as to 
whether some or all applicants should have different types of public 
notice obligations under new local public notice rules. The Commission 
also invites comment as to whether it should allow or require other 
means of public outreach, for example, social media accounts or mobile 
apps, as means of providing local public notice, and what the costs and 
benefits of such alternate means would be. Would use of these methods 
allow greater repetition of public outreach announcements without 
imposing significant additional burdens on broadcasters? Would it 
present challenges? Commenters should describe and, if possible, 
quantify the costs and benefits of the proposal(s) to broadcasters and 
the public. The Commission tentatively concludes that the proposed 
rules would be less costly to applicants and the public, would provide 
more effective public notice by improving the public's access to 
applications, and would satisfy the statutory notice requirement, and 
seeks comment on these tentative conclusions.
    3. Proposed elimination of public notice requirement. Despite the 
Commission's suggestion in the NPRM to repeal 47 CFR 73.3580 in its 
entirety, the Commission tentatively concludes that it is statutorily 
required to retain

[[Page 55883]]

some form of local public notice. 47 U.S.C. 311 imposes a local public 
notice obligation on an applicant's part. The Commission therefore 
proposes not to repeal the rule
    4. Substitution of online written public notice for newspaper 
publication. The Commission proposes to substitute online written 
public notice for the requirement that applicants publish notice of 
broadcast applications in a local newspaper. Under the proposed rule, 
members of the public would be directed to the application itself in 
the applicant's OPIF, providing more effective notice of filed 
applications, reducing costs for the applicants and the public, and 
providing the public with greater opportunities to discover 
applications that are relevant to the communities where they live. 
Under the proposal, those applicants currently required to give written 
public notice by newspaper publication would instead post notice of the 
filing of an application on an internet website and include a hyperlink 
to the actual application in OPIF.
    5. Broadcasters favor elimination of the newspaper publication 
requirements, contending that newspaper publication is expensive and 
increasingly ineffective for giving public notice. Newspapers and their 
trade organizations argue in favor of retaining the newspaper 
publication requirements, arguing that most Americans read a newspaper 
in some form at least once a month, and that newspaper publication 
continues to be superior to online notice. These commenters also note 
that a sizable percentage of Americans lack internet access, especially 
older people and those living in rural areas. The Commission 
tentatively concludes that adopting online written notice as a 
substitute for newspaper publication would provide more effective 
notice for the public. Newspaper public notice imposes costs on both 
the applicant, which must pay for the notice, and the public, which 
must pay for a newspaper. Online written notice has the advantage of 
eliminating costs for applicants and consumers, except in the limited 
number of cases when an applicant may have to pay to post written 
notice on a third-party site. The proposed rule for online written 
notice would result in written notice being available for continuously 
for 30 days, compared to the current rule, which requires newspaper 
publication for no more than four days. Online publication also allows 
the public to take advantage of online search tools to automate 
tracking and discovering new applications in a manner that is not 
possible with newspaper written notice. Thus, the Commission 
tentatively concludes that posting written public notice online, in the 
manner described in detail below, would be more effective in reaching 
viewers than publishing in a print newspaper, and invites comment on 
this tentative conclusion. Commenters should describe and, if possible, 
quantify the costs and benefits of this proposal to broadcasters and 
the public.
    6. Online notice requirements. Given our tentative conclusion that 
online public notice of application filing is more effective than and 
should replace newspaper publication, we propose that in the majority 
of cases such public notice should be posted on the applicant 
station's, licensee's, or affiliated website; should remain posted 
continuously (24 hours a day, seven days a week); and should link 
directly to the noticed application in OPIF or, if the station has no 
OPIF, in Commission licensing databases. We believe that this will 
effectively provide public notice that is available to viewers and 
listeners at any time, compared to printed summaries published 
occasionally in newspapers. Newspaper notice was designed to provide 
the public with sufficient information to decide whether to travel to a 
station's main studio to view a physical copy of an application. Using 
online databases, the public is able to access actual filed broadcast 
applications at any time, day or night, merely by entering station 
information and clicking on links to applications filed by broadcast 
stations. Thus, the Commission believes that the goal of the local 
public notice rules should be to enable viewer and listener access to 
filed applications, rather than the current practice of summarizing 
applications and facilitating physical inspection. The Commission 
proposes the following specific rules for online public notice.
    7. Sites for posting online notice. In order to make online public 
notice meaningful to the local communities served by broadcast 
stations, the Commission proposes that an applicant post online notice 
on its own website or one as closely affiliated with the station as 
possible, as that would be the first place listeners or viewers would 
be expected to turn for station information. The online public notice 
should be posted in a manner designed to promote discovery by the 
public in the principal area that is served or to be served by the 
station that is the subject of an application. Therefore, if the 
station to which the application pertains has a website, the notice 
should be conspicuously posted on that website's home page. In 
addition, the text of the notice should be apparent to the average 
internet user, with a reasonably large font in a contrasting color from 
the background. If the station does not have its own website but the 
station licensee has a website, the notice should be posted on the 
licensee's website's home page. If neither the station nor the station 
licensee maintains a website but the licensee's parent entity has a 
website, online notice must be posted on the home page of the parent 
entity website. In each case, the applicant-affiliated website must be 
publicly accessible, that is, able to be accessed without payment, 
registration, or any other requirement that the user provide 
information, or respond to a survey or questionnaire in exchange for 
being able to access the online notice. The Commission tentatively 
concludes that posting on such applicant-affiliated websites will be 
feasible in the vast majority of cases, and seeks comment on its 
conclusion, as well as on the details of its proposal. Do commenters 
believe that there are more effective sites on which to post online 
notice of application filings? Are there third-party local websites 
that would be just as effective as applicant-affiliated websites? What 
costs, if any, would the applicant incur by posting on such a website? 
In particular, how expensive would postings be for broadcasters on such 
sites compared to print newspapers required under the current rule? To 
the extent that commenters disagree with the proposal and maintain that 
newspaper publication is more effective than online notice, they should 
detail their claim with specificity and provide data regarding the 
costs and benefits of continuing such an approach. Whether they agree 
or disagree with the proposal, commenters should describe and, if 
possible, quantify the costs and benefits of this proposal to 
broadcasters and the public.
    8. If an applicant does not maintain a station or other applicant-
affiliated website, the Commission proposes that online notice should 
be posted on a locally targeted, publicly accessible website. The 
Commission further proposes to define that as an internet website (a) 
that members of the public can access without payment, registration, or 
any other requirement that the user provide information or respond to a 
survey or questionnaire in exchange for being able to access the online 
notice, and (b) that is locally targeted to the area served and/or to 
be served by the applicant station (e.g., local government website, 
local community bulletin board website, local

[[Page 55884]]

newspaper website, state broadcasters' association website). The 
Commission seeks comment on this proposal, as well as on other 
alternative non-applicant affiliated websites that commenters believe 
would provide adequate and accessible notice.
    9. Online notice texts. The Commission proposes that the content of 
the online notice be shorter than that required to be in newspaper 
publications under the current rule and that it contain a direct link 
to the application for which notice is being given. We believe that 
requiring less information is justified because a detailed summary or 
list of parties to the application is unnecessary when the actual 
application is a click away for the user. Thus, we propose the 
following text for the required online notice for authorized stations 
(with a granted construction permit or license):

    On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION 
CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], 
filed an application with the Federal Communications Commission for 
[TYPE OF APPLICATION]. Members of the public wishing to view this 
application can visit [INSERT HYPERLINK TO APPLICATION LINK IN 
APPLICANT'S ONLINE PUBLIC INSPECTION FILE (OPIF) OR, IF THE STATION 
HAS NO OPIF, TO APPLICATION LOCATION IN THE MEDIA BUREAU'S LICENSING 
AND MANAGEMENT SYSTEM].

    For proposed stations that have not been authorized, we propose the 
following text:

    On [DATE], [APPLICANT NAME], [APPLICANT FOR] [A NEW (STATION 
TYPE) STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF 
LICENSE], filed an application with the Federal Communications 
Commission for [TYPE OF APPLICATION]. Members of the public wishing 
to view this application can visit [INSERT HYPERLINK TO APPLICATION 
LOCATION IN THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM].

    The Commission seeks comment on this proposed text, and any 
suggested amendments along with reasons for such proposed changes. For 
example, in addition to the link to the application, should the notice 
include a link to the public notice publishing the pleading cycle for 
the application, or a statement of the purpose of the application 
together with pertinent details such as those specified in our existing 
rules, to facilitate viewer/listener comments or objections? Should the 
controlling shareholder of a licensee also be required in the notice? 
Should the online notice include specific language regarding whether 
the applicant is seeking a waiver of Commission rules and the nature of 
the waiver sought, e.g., a media ownership waiver?
    10. Duration of posting for online notice. The Commission proposes 
that the online notice, if posted on an applicant-affiliated site or 
other third-party site for which the applicant does not have to 
compensate the website owner for publication, be posted continuously 
(that is, available for viewing 24 hours a day, seven days a week) for 
a minimum of 30 days, starting no earlier than the release date of the 
Commission's public notice of acceptance of the application for filing, 
and no later than five days following release of that public notice. 
The Commission seeks comment on the length of continuous posting, in 
particular, whether the proposed switch from newspaper publication to 
online posting on an applicant-controlled or affiliated website should 
increase or decrease the frequency or duration of such notice, 
especially given that in most cases online notice would be posted 24/7 
as opposed to being published in a newspaper on discrete days over a 
certain time period. Where an applicant must post its online notice on 
a website that requires the applicant to pay for posting, it is further 
proposed that such notice be posted for a period of not less than 24 
consecutive hours, once a week for four consecutive weeks, starting no 
earlier than the release date of the Commission's public notice of 
acceptance of the application for filing, and no later than five days 
following release of that public notice. A four-week schedule of paid 
postings is consistent with both the current schedule of newspaper 
publication and the proposed schedule of on-air announcements, below. 
What would be the costs associated with a continuous 30-day posting on 
a website requiring payment, such as a local newspaper? Would such 
expense outweigh the benefits of extended notice? The Commission seeks 
comment on this proposal, and in particular whether commenters believe 
that a substantial number of applicants would need to avail themselves 
of the pay-to-post option. Commenters may also wish to address whether 
applicants needing to pay for online notice posting should be required 
to post more or less frequently, or for a greater or lesser number of 
consecutive weeks, and to what extent this option affects the costs and 
benefits of the proposal.
    11. Noncommercial online announcements. Under the current rule, 
noncommercial educational (NCE) stations may fulfill their local notice 
requirements solely through on-air announcements, where possible. 47 
CFR 73.3580(e), among other things, exempts NCE stations from the 
rule's newspaper publication requirements, unless they are not 
broadcasting during the part of the year when on-air announcements are 
required. The Commission has, in the past, questioned whether NCE 
applicants should be exempt from the newspaper publication requirement, 
at least in the assignment and transfer application context. Imposing 
greater burdens on NCE applicants than under the current rules may not 
comport with the goal of modernizing and streamlining local public 
notice obligations. At the same time, eliminating the newspaper 
publication requirement in favor of online notices would substantially 
reduce burdens on broadcast applicants. The Commission therefore seeks 
comment as to whether, consistent with the current rule, it should 
continue to exempt NCE stations generally from the proposed obligation 
to post online notice of applications. Additionally, in order to 
clarify the public notice obligations of entities applying for initial 
construction permits for new NCE stations, it is proposed that 
applicants for initial construction permits for new NCE broadcast 
stations comply with the online notice requirements only, as they are 
unable to broadcast on-air announcements. The Commission also proposes 
to eliminate the notification exemption in current 47 CFR 73.3580(e) 
for ``the only operating station in its broadcast service which is 
located in the community involved,'' as there are more media choices 
now than when this exemption was adopted, and the fact that a station 
is the sole AM, FM, or TV station licensed at a community may not 
guarantee listenership or viewership as may once have been the case. 
The Commission seeks comment on these proposals.
    12. Silent stations. The Commission also proposes that any station 
required to make on-air announcements that is not broadcasting or that 
is unable to broadcast during all or a portion of the period during 
which the on-air announcements are required to be broadcast, such as a 
silent station, must comply with the online notice requirements during 
the time period in which it is not broadcasting or is unable to 
broadcast. To the extent that a station must provide both online notice 
and on-air announcements, the applicant would be expected to provide 
online notice for the entire 30-day period notwithstanding whether it 
was currently broadcasting. However, if the station returns to the air 
during the period that on-air announcements are required, the station 
must resume on-air

[[Page 55885]]

announcements. Comment is requested on this proposal.
    13. Authorizations pursuant to section 325(c) of the Communications 
Act. The Commission proposes to require applicants for authorization 
under 47 U.S.C. 325(c)--applicants that propose to locate, use, or 
maintain a studio supplying programming to a foreign broadcast station 
whose signals are consistently received in the United States--to 
provide online notice only, rather than newspaper publication, with the 
online notice posted on a website locally targeted to the principal 
area to be served in the United States by the foreign broadcast 
station. What types of websites would meet this requirement? Would this 
comport with the statutory requirement to provide ``notice'' in the 
principal area the broadcaster serves or would serve? Current Sec.  
73.3580 requires applicants for authorization under section 325(c) to 
give public notice via newspaper publication, unless the programs to be 
transmitted are special events not of a continuing nature, in which 
case local public notice is not required. The following text for such 
applicants' online notice is proposed:

    On [DATE], [APPLICANT NAME] filed an application with the 
Federal Communications Commission for a permit to deliver programs 
to foreign station [FOREIGN STATION CALL SIGN], [FOREIGN STATION 
FREQUENCY], [FOREIGN STATION COMMUNITY OF LICENSE]. Members of the 
public wishing to view this application can visit [INSERT HYPERLINK 
TO APPLICATION LOCATION IN THE INTERNATIONAL BUREAU MYIBFS 
DATABASE].

    The Commission further proposes to retain the exemption from local 
public notice for stations applying for section 325(c) authorization 
for special event programming only. The Commission seeks comment on 
these proposals.
    14. Streamlining content of on-air announcements. The Commission 
proposes to continue requiring on-air announcements for those 
applicants currently required to make such announcements, but to 
standardize and simplify the requirements. It further proposes to make 
the schedule of on-air announcements, basic content of such 
announcements, and timing of broadcast uniform for all applicants, 
broadcast services, and application types, rather than the current 
system that has different broadcast schedules for different application 
types. Specifically, the Commission proposes that all on-air 
announcements commence with acceptance of an application for filing, 
which would eliminate pre-filing announcements currently broadcast by 
license renewal applicants. Also, the on-air announcements would direct 
viewers and listeners to either the applicant's OPIF or, if it does not 
have an OPIF, toward the application itself in the LMS database.
    15. Number of on-air announcements. The Commission proposes to 
require on-air announcements for all applicants, broadcast services, 
and application types mandated to make on-air announcements to be aired 
a total of four times, once per week, for four consecutive weeks, 
commencing no earlier than the release date of the Commission public 
notice announcing that the application has been accepted for filing, 
and not later than five days after release of the Commission public 
notice. Comment is sought on this proposal. Do commenters believe that 
the revised rule should require more or fewer on-air announcements than 
proposed? Should the on-air announcements commence with the applicant's 
submission of the application, rather than release of the Commission 
public notice of acceptance for filing? In this regard, the date of the 
Commission public notice triggers the time period in which petitions to 
deny may be filed, and for certain application types (e.g., 
applications for initial construction permits) there can be a 
substantial delay between application submission and its acceptance for 
filing, as Commission staff performs core technical review. With regard 
to license renewal applications specifically, the proposal for uniform 
on-air announcement schedules would eliminate the ``pre-filing'' 
announcements currently broadcast by television and radio stations 
filing such applications. Unlike when the pre-filing announcements 
adopted, public notices and applications themselves are available 
instantly online, and petitions to deny are prepared and filed 
electronically. Thus, the long lead times of the days when pleadings 
were typed and mailed or messengered are no longer necessary. Moreover, 
pre-filing announcements would not be able to direct viewers and 
listeners to an application that they could review. The Commission 
therefore tentatively concludes that pre-filing announcements are no 
longer necessary and seeks comment on this conclusion.
    16. Timing of on-air announcements. In the interest of further 
simplifying the public notice process, the Commission proposes that on-
air announcements may be aired at any time from 7:00 a.m. to 11:00 p.m. 
local time at the community of license, from Monday through Friday, and 
seeks comment on this proposal. The current rule's differing times of 
airing based on applicant and application type are overly complex, 
given trends in radio listenership and especially television 
viewership, such as time-shifting and streaming. Do commenters believe 
that there should be separate time windows based on differing usage 
patterns between radio and television, for example, between 7:00 a.m. 
and 7:00 p.m. for radio, but between 6:00 p.m. and 11:00 p.m. for 
television? Would other time periods better maximize the number of 
viewers/listeners exposed to on-air announcements, while reducing the 
complexity of the current rule? Should the rule specify, for example, 
that a certain number of announcements be made during local television 
news, or during radio morning or evening drive time? Commenters 
proposing different time windows for radio and television should 
support their proposals with specific listenership/viewer data.
    17. On-air announcement scripts. The Commission tentatively 
concludes that the content of notices should be updated and streamlined 
to direct listeners and viewers to online resources, where the details 
of the filed applications may easily be found. The current rule 
contains scripts that broadcasters must follow for on-air 
announcements. The Commission proposes to update these scripts to the 
following for both radio and television on-air announcements:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application 
or obtain information about how to file comments and petitions on 
the application can visit publicfiles.fcc.gov and search in [STATION 
CALL SIGN'S] public file.

    For stations without an OPIF, the following script is proposed:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application 
or obtain information about how to file comments and petitions can 
visit www.fcc.gov/searchlms, and search in the list of [STATION CALL 
SIGN'S] filed applications.

    The Commission seeks comment on these scripts, as well as to any 
additional information that commenters believe should be required. For 
example, should the on-air announcement include specific language 
regarding whether the applicant is seeking a waiver of

[[Page 55886]]

Commission rules and the nature of the waiver sought, e.g. a media 
ownership waiver?
    18. The Commission further proposes to require a television station 
to use visuals of the full text of the on-air announcement along with 
the spoken text of the on-air announcement. Because of the reduced 
length of the on-air announcement, it is believed to be in the public 
interest and minimally burdensome to require that the entire text be 
displayed visually. Would requiring additional text ``crawls'' over 
television programming containing the text of the announcement 
effectively convey notice to viewers, or would text crawls present 
unanticipated challenges in this context? Could text ``crawls'' be used 
to achieve additional repetition of the notice without burdening 
broadcasters? Are they necessary? It is also proposed to retain the 
rule recommending that foreign language stations broadcast on-air 
announcements in the primary language used for broadcast. Comment is 
sought on these scripts and proposals. For example, should the deadline 
for filing comments and petitions to deny be included in the on-air 
announcement? Do commenters believe it is necessary or desirable to 
include language in on-air announcements advising viewers and listeners 
of the applicant or licensee's duty to operate a broadcast station in 
the public interest? Such language is currently required only in the 
text for on-air announcements of renewal applications. See 47 CFR 
73.3580(d)(4)(ii). Should the announcement text highlight the 
licensee's public interest obligation, consistent with the existing 
text of on-air announcements of renewal applications? If so, should 
such language apply only to renewal applications or to on-air 
announcements of all application filings? The Commission also seeks 
comment as to whether uniform announcement language across all 
application types, as opposed to language applying only to specific 
applications such as those for renewals, would aid in overall 
compliance with the public notice requirements. Commenters are invited 
to discuss whether there may be better ways of verbally describing how 
to access applications from OPIF or LMS, without being overly or 
confusingly detailed.
    19. International Broadcast Station applications. The Commission's 
rules state that applications for international broadcast station 
facilities, also known as HF or shortwave stations, are subject to the 
local notice provisions. These stations are governed by Subpart F of 
Part 73 of the rules, 47 CFR 73.701-73.788, and thus would be 
considered a ``station in the broadcasting . . . services'' under the 
terms of 47 U.S.C. 311(a)(1). The Commission proposes to streamline the 
local public notice provisions and seek comment on whether it would 
serve the public interest to eliminate any on-air notice obligations 
for these broadcasters. Specifically, with respect to the requirement 
for local public notice through newspaper publication, the current 
rules state that this local public notice must be published in a 
community in which a station is located or proposed to be located. 
Consistent with the proposals above, the Commission proposes to allow 
applicants for international broadcast stations to publish the notice 
on a website that targets the local community in which the 
international broadcast station is proposed to be located (e.g., local 
government internet website, local community bulletin board internet 
website). It is noted that the current rules provide that applications 
for renewal of an international broadcast station license, and for 
modification, assignment, or transfer of such licenses, are exempt from 
the newspaper publication requirements. 47 CFR 73.3580(c), (d)(3). The 
proposal to substitute online public notice for newspaper publication, 
if adopted, would eliminate any need to continue this exemption. The 
Commission seeks comment on these proposals.
    20. With respect to on-air notice requirements, comment is sought 
on whether it would serve the public interest to replace any on-air 
announcement obligations for international broadcast stations with 
online notice requirements. Under the current rules, although 
international broadcast stations are located in the United States, they 
``are intended to be received directly by the general public in foreign 
countries.'' 47 CFR 73.701(a). Thus, unlike other broadcast stations 
with an on-air announcement obligation, on-air announcements of an 
international broadcast station primarily give notice to people in 
multiple foreign countries. Accordingly, the Commission seeks comment 
on whether to replace on-air announcement obligations for these 
international broadcast stations with notices on applicant-affiliated 
websites. An applicant-affiliated website would be accessible by all 
communities in which the station is either located or received. Any 
commenters favoring the complete elimination of on-air notices, without 
replacing them with any other form of notice, should discuss how such 
elimination would be consistent with 47 U.S.C. 311.
    21. Other provisions. The Commission proposes to retain the 
categories of applicants, broadcast services, and application types for 
which local public notice is not required, as currently listed in 47 
CFR 73.3580(a)(1)-(7). Such stations are exempt from the provisions of 
47 U.S.C. 309(b), and thus from the provisions of 47 U.S.C. 311(a).
    22. The Commission proposes to retain the requirement that 
applicants certify in any application for which public notice is 
required that it will comply with the applicable requirements of the 
local public notice rule, and to retain the requirement that applicants 
for license renewal, which are obliged to provide public notice only 
through on-air announcements, add to OPIF the list of dates and times 
the required on-air announcements were broadcast. (It is recommended 
that applicants for a new construction permit and permittees and 
licensees of low-power TV (LPTV), TV translator, TV booster, low-power 
FM (LPFM), FM translator and FM booster stations, which do not have 
Commission-hosted OPIFs, retain a record of the dates and times of 
public notice to demonstrate compliance with 47 CFR 73.3580.) However, 
based on the proposals in the FNPRM, the Commission proposes to 
eliminate the requirement that the script of the on-air announcements 
be added to the OPIF, as broadcasters would be expected to follow the 
mandatory language proposed above. The Commission seeks comment on this 
proposal. What costs are associated with posting this information? 
Commenters that urge retention of the requirement that renewal 
applicants list the dates and times of on-air announcements in their 
OPIF should specifically describe what benefits justify retention.
    23. Lastly, the Commission proposes to continue to apply the local 
public notice rules to LPFM stations. Although current 47 CFR 73.3580 
does not specifically reference LPFM stations' local public notice 
obligations, other NCE FM and TV stations have such obligations, and 
there is nothing in 47 U.S.C. 311 that could be read as exempting LPFM 
stations from its requirements. To eliminate any potential for 
confusion, it is proposed to make the local public notice requirements 
of LPFM stations explicit in 47 CFR 73.3580. Because all LPFM stations 
are licensed as NCE stations (47 CFR 73.853) and locally originate 
programming, the Commission proposes in the revised rule to apply the 
public notice requirements that are applied to

[[Page 55887]]

other NCE stations; specifically, comment is sought as to whether LPFM 
stations should be required to give public notice through on-air 
announcements only, except in the case of applications for new LPFM 
construction permits and during time periods when the LPFM station may 
be off the air. Also, because the Commission does not host OPIFs for 
LPFM stations, their on-air announcements should direct listeners to 
the application in LMS. The Commission seeks comment on this proposal.
    24. Other rules. The Commission proposes to update rules related to 
47 CFR 73.3580. Specifically, in the NPRM, the Commission noted that 
two other rules also provide for public notice by on-air announcements 
and/or newspaper publication. 47 CFR 73.3594 requires that when an 
application that is subject to Sec.  73.3580 is designated for hearing, 
the applicant must give separate public notice of the hearing 
designation. With the advent of competitive bidding and point system 
procedures for awarding initial construction permits, as well as 
renewal expectations for existing broadcast licensees, hearings are 
required far less frequently than used to be the case. The Commission 
thus proposes to amend 47 CFR 73.3594 by streamlining on-air 
announcements and requiring online notice with links to the hearing 
designation order or other Commission order (e.g., order to show cause) 
designating issues for evidentiary hearing. The Commission tentatively 
concludes that applicants so designated should provide notice by on-air 
announcements, if the station is on air, and by online notice in all 
cases. Proposed on-air announcements would follow the same rules 
regarding commencement, timing, and frequency as proposed for Sec.  
73.3580: They would be broadcast once a week for four consecutive 
weeks, between the hours of 7:00 a.m. and 11:00 p.m. Monday through 
Friday, commencing no earlier than the release date of the hearing 
designation order or other order setting forth issues for hearing, and 
no later than the fifth day following release of such order. The on-air 
announcement would consist of the following script:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application 
for an evidentiary hearing on certain issues. Members of the public 
wishing to view the Hearing Designation Order and list of issues can 
visit [URL OF INTERNET WEBSITE MAINTAINED BY THE STATION, THE 
LICENSEE/PERMITTEE, OR THE LICENSEE/PERMITTEE'S PARENT ENTITY, OR 
OTHER PUBLICLY ACCESSIBLE WEBSITE], and click the link in the 
``Hearing Designation Order'' notice.

    The Commission seeks comment on this proposal. Commenters should 
describe and, if possible, quantify the costs and benefits of this 
proposal to broadcasters and the public.
    25. The Commission further proposes that an applicant whose 
application is designated for hearing should also provide online notice 
generally following the proposal for Sec.  73.3580: notice would be 
posted continuously (24/7) for not less than 30 consecutive days, 
commencing no earlier than the release date of the hearing designation 
order or other order setting forth issues for hearing, and no later 
than the fifth day following release of such order. The online notice 
would consist of the following text:

Hearing Designation Order

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application 
for an evidentiary hearing on the following issues: [LIST OF ISSUES 
IN THE HEARING AS LISTED IN THE FCC's ORDER OR SUMMARY OF 
DESIGNATION FOR HEARING]. Members of the public wishing to view the 
Hearing Designation Order or to file comments can visit [INSERT 
HYPERLINK TO THE HEARING DESIGNATION ORDER, ORDER TO SHOW CAUSE, OR 
OTHER ORDER DESIGNATING THE APPLICATION FOR HEARING, ON THE FCC's 
INTERNET WEBSITE].

    The Commission seeks comment on this proposal, and on the costs and 
benefits of the proposal to broadcasters and the public. With regard to 
both the online notice and on-air announcement proposals, commenters 
are invited to address whether notice should be for a shorter or longer 
period of time (e.g., until the hearing has concluded), whether there 
should be more frequent on-air announcements, or whether the Commission 
should allow or require online notice to be posted on publicly 
accessible third-party websites. Additionally, do commenters believe 
that, given the rarity of hearings on broadcast licenses and the 
significant questions often raised in the context of a hearing 
designation order, any on-air announcements and/or online notices 
should include a brief description of the issues specified for hearing? 
If not, why not? It is further proposed to retain the provisions of 
current paragraphs (g) and (h) of 47 CFR 73.3594, which address, 
respectively, the applicant's obligation to file a certification that 
public notice was given as required, and the presiding officer's 
discretion to modify the manner in which public notice is given upon a 
showing of special circumstances. The Commission seeks comment on the 
retention of these provisions.
    26. Finally, current 47 CFR 73.3525(b) requires local public notice 
of the withdrawal of an application pursuant to an agreement with 
another applicant to resolve mutual exclusivity. This provision 
pertains to conflicting applications for initial construction permits 
that involve a determination of fair, efficient, and equitable 
distribution of service under 47 U.S.C. 307(b). As with 47 CFR 73.3594, 
these requirements were adopted at a time when procedures for awarding 
new construction permits were very different than they are today. Under 
current window filing procedures for broadcast auctions and point 
system evaluations of NCE station applications, the occasions for such 
inter-applicant agreements rarely if ever arise. The Commission 
therefore proposes to delete the publication requirement from Sec.  
73.3525 and seek comment on this proposal. Commenters arguing for 
retention of this requirement should address both the consumer benefit 
of publication and the annual number of applicants they believe would 
be affected by retention of this portion of the rule.

Comments and Reply Comments.

    27. Filing Requirements.--Comments and Replies. Pursuant to 47 CFR 
1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated in the DATES section of this 
notice. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All

[[Page 55888]]

filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20743.
     U.S. postal first class service, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Government Affairs Bureau at 202-418-0530 (voice), 202-418-
0432 (tty).
    28. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 
20554. These documents will also be available via ECFS. Documents will 
be available electronically in ASCII.

Procedural Matters

Ex Parte Rules

    29. In the NPRM in this proceeding, the Commission stated that the 
proceeding shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules, 47 CFR 1.1200 et seq. 
This proceeding shall continue to be so treated. Persons making ex 
parte presentations must file a copy of any written presentation or 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine Period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to the 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppl, searchable .ppl). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.

Initial Regulatory Flexibility Analysis

    30. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for notice 
and comment rule making proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    31. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies proposed in 
the Further Notice of Proposed Rulemaking (FNPRM). Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
on the FNPRM provided on the first page of the FNPRM. The Commission 
will send a copy of this entire FNPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
5 U.S.C. 603(a). In addition, the FNPRM and the IRFA (or summaries 
thereof) will be published in the Federal Register.

A. Need For, and Objectives of, the Proposed Rules

    32. The Commission initiates this rulemaking proceeding to obtain 
comments concerning proposals designed (a) to clarify and simplify the 
rules and procedures to be followed by certain applicants for broadcast 
authorizations in order to give local public notice of those 
applications; and (b) to give local public notice of the designation of 
certain applications for evidentiary hearing. The Commission proposes 
to replace the current rules (see generally 47 CFR 73.3580, 73.3594), 
which are difficult to follow and which contain varying local public 
notice requirements based on the type of application and the type of 
station to which the application pertains, with a more uniform, and 
thus more convenient, set of procedures for providing notice through 
on-air announcements and by online posting of links to applications, 
rather than publication in local newspapers. Additionally, by 
eliminating the need to publish some public notices in local newspapers 
and allowing a broadcaster instead to post notices on its website or an 
affiliated website, the proposal would eliminate an expense currently 
borne by broadcasters. The Commission also proposes to eliminate the 
current rule requiring public notice of the withdrawal of an 
application pursuant to an agreement with another applicant to resolve 
mutual exclusivity. 47 CFR 73.3525(b).

B. Legal Basis

    33. The proposed action is authorized pursuant to sections 1, 4(i), 
4(j), 303(r), 309, 311, and 336 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 303(r), 309, 311, and 336.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    34. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The RFA 
generally defines the

[[Page 55889]]

term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. A small business concern is one which: 
(1) Is independently owned and operated; (2) is not dominant in its 
field of operation; and (3) satisfies any additional criteria 
established by the SBA. The rules proposed herein will directly affect 
small television and radio broadcast stations. Below, we provide a 
description of these small entities, as well as an estimate of the 
number of such small entities, where feasible.
    35. Television Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting images together with 
sound.'' These establishments operate television broadcast studios and 
facilities for the programming and transmission of programs to the 
public. Id. 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 $41.5 
million or less in annual receipts. The 2012 Economic Census reports 
that 751 firms in this category operated in that year. Of this number, 
656 had annual receipts of $25 million or less, 25 had annual receipts 
between $25 million and $49,999,999, and 70 had annual receipts of $50 
million or more. Based on this data the Commission therefore estimates 
that the majority of commercial television broadcasters are small 
entities under the applicable SBA size standard.
    36. The Commission has estimated the number of licensed commercial 
television stations to be 1,371. See Broadcast Station Totals as of 
June 30, 2019, FCC News Release (rel. July 9, 2019) (Broadcast Station 
Totals). Of this total, 1,263 stations had revenues of $41.5 million or 
less, according to Commission staff review of the BIA Kelsey Inc. Media 
Access Pro Television Database (BIA) on June 5, 2019, and therefore 
these licensees qualify as small entities under the SBA definition. In 
addition, the Commission has estimated the number of licensed 
noncommercial educational (NCE) television stations to be 386. See 
Broadcast Station Totals. The Commission, however, does not compile and 
otherwise 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.
    37. In assessing whether a business concern qualifies as ``small'' 
under the above definition, however, business (control) affiliations 
must be included. This estimate, therefore, likely overstates the 
number of small entities that might be affected by the FNPRM, 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 rules may apply 
does not exclude any television station from the definition of a small 
business on this basis and is therefore possibly over-inclusive.
    38. There are also 387 Class A stations. See Broadcast Station 
Totals. Given the nature of these services, including their limited 
ability to cover the same size geographic areas as full power stations, 
thus restricting their ability to generate similar levels of revenue, 
it is presumed that these licensees qualify as small entities under the 
SBA definition. In addition, there are 1,897 LPTV stations and 3,648 TV 
translator stations. Given the nature of these services as secondary 
and in some cases purely a ``fill-in'' service, it is presumed that all 
of these entities qualify as small entities under the above SBA small 
business size standard.
    39. Radio Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' The SBA has created the following small business 
size standard for this category: Those having $41.5 million or less in 
annual receipts. Census data for 2012 show that 2,849 firms in this 
category operated in that year. Of this number, 2,806 firms had annual 
receipts of less than $25 million, and 43 firms had annual receipts of 
$25 million or more. Id. Because the Census has no additional 
classifications that could serve as a basis for determining the number 
of stations whose receipts exceeded $41.5 million in that year, we 
conclude that the majority of radio broadcast stations were small 
entities under the applicable SBA size standard.
    40. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM radio stations to be 4,406 and the 
number of commercial FM radio stations to be 6,726 for a total number 
of 11,132, along with 8,126 FM translator and booster stations. See 
Broadcast Station Totals. As of September 2019, 4,294 AM stations and 
6,739 FM stations had revenues of $41.5 million or less, according to 
Commission staff review of the BIA Kelsey Inc. Media Access Pro 
Television Database (BIA). In addition, the Commission has estimated 
the number of noncommercial educational FM radio stations to be 4,179. 
See Broadcast Station Totals. NCE stations are non-profit, and 
therefore considered to be small entities. 5 U.S.C. 601(4), (6). 
Therefore, it is estimated that the majority of radio broadcast 
stations are small entities.
    41. Low Power FM Stations. The same SBA definition that applies to 
radio stations applies to low power FM stations. As noted, the SBA has 
created the following small business size standard for this category: 
Those having $41.5 million or less in annual receipts. While the U.S. 
Census provides no specific data for these stations, the Commission has 
estimated the number of licensed low power FM stations to be 2,178. See 
Broadcast Station Totals. In addition, as of June 30, 2019, there were 
a total of 8,126 FM translator and FM booster stations. Id. Given the 
fact that low power FM stations may only be licensed to not-for-profit 
organizations or institutions that must be based in their community and 
are typically small, volunteer-run groups, it is presumed that these 
licensees qualify as small entities under the SBA definition.
    42. Again, however, in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. Because the Commission does not include 
or aggregate revenues from affiliated companies in determining whether 
an entity meets the applicable revenue threshold, the 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. 
The Commission is 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, the 
estimate of small radio stations potentially affected by the rule 
revisions discussed in the FNPRM includes those that could be dominant 
in their field of operation. For this reason, such estimate likely is 
over-inclusive.

[[Page 55890]]

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    43. In this section, the reporting, recordkeeping, and other 
compliance requirements proposed in the FNPRM are identified and any 
disproportionate effects on small entities are considered.
    44. Reporting Requirements. The FNPRM does not propose to adopt 
reporting requirements.
    45. Recordkeeping Requirements. The FNPRM proposes to adopt 
recordkeeping requirements insofar as it amends 47 CFR 73.3526(e) and 
73.3527(e) to reflect the nature of the proposed new on-air 
announcement requirements for which licensees must certify compliance 
and retain the certification in the online public inspection file 
(OPIF). The proposed new requirements are no more extensive than the 
current certification and retention requirements, and in fact are less 
onerous in that there are fewer announcements requiring certification, 
and the OPIF is online rather than a physical file. Thus, the impact on 
small entities will be no greater than it is currently and in most 
cases the new rules will be less burdensome.
    46. Other Compliance Requirements. The FNPRM proposes to adopt new 
rules amending, streamlining, and standardizing the local public notice 
requirements for television and radio stations, including small 
entities. These proposed new rules prescribe the content, number, 
frequency, and times of day that on-air announcements must be made, and 
the proposed rules require fewer and shorter announcements than the 
current rules, with greater flexibility as to time of broadcast. The 
proposed new rules would also replace newspaper publication of certain 
public notice with online notice, either on an applicant-affiliated 
website or another publicly accessible, locally targeted website. The 
new online notice rule also provides for shorter notices than the 
current newspaper publication requirement, and would result in 
substantial cost savings to applicants in most cases. Thus, the 
proposed rules would significantly reduce burdens on broadcast 
applicants, most of whom are small entities.

E. Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    47. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities. 5 
U.S.C. 603(c)(1)-(c)(4).
    48. The FNPRM proposes to amend 47 CFR 73.3580 to reorganize, 
simplify, and clarify broadcasters' public notice obligations when 
filing certain applications, such as license renewal applications and 
applications to assign or transfer broadcast authorizations. In 
addition to streamlining and making uniform the requirement of some 
stations to provide public notice through on-air announcements, the 
FNPRM proposes to require public notice of the filing of certain 
broadcast applications through online postings on the internet, instead 
of publishing such notice in a newspaper. These proposals, if adopted, 
would reduce burdens on all broadcast applicants, including small 
entities, when meeting their obligation to notify the public of pending 
or prospective applications, while improving the public's access to 
information enabling it to participate in the licensing process. Some 
commenters assert that permitting public notice through the internet 
would be less costly and administratively burdensome than the existing 
requirement of newspaper publication, and thus the proposal would 
provide a less burdensome compliance option for all applicants, 
including small entities. With regard to just one category of 
applicants, those applying for consent to assign a broadcast 
authorization or to transfer control of the entity holding a broadcast 
authorization, the Commission has estimated that there are 4,020 annual 
applicants, each of which must publish public notice in a local 
newspaper four times at a cost of $113.25 per publication, for a total 
annual burden of $1,820, 256, for applicants in this category alone. 
Thus, it can be seen that replacing newspaper publication with online 
notices can result in considerable cost savings to broadcasters and 
broadcast applicants.

F. Federal Rules Which Duplicate, Overlap, or Conflict With, the 
Commission's Proposals

    49. None.
    50. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Ordering Clauses

    51. Accordingly, It is ordered that, pursuant to sections 1, 4(i), 
4(j), 303(r), 309, 311, and 336 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 303(r), 309, 311, and 336, this 
Further Notice of Proposed Rule Making is adopted.
    52. It is further ordered that the Consumer and Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
Further Notice of Proposed Rulemaking, including the Initial Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration, and shall cause it to be published in the 
Federal Register.

List of Subjects in 47 CFR Part 73

    Radio, Reporting and recordkeeping requirements, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

0
1. 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.


Sec.  73.3525   [Amended]

0
2. In Sec.  73.3525, remove paragraph (b) and redesignate paragraphs 
(c) through (l) as paragraphs (b) through (k).
0
3. In Sec.  73.3526, revise paragraph (e)(13) to read as follows:


Sec.  73.3526   Local public inspection file of commercial stations.

* * * * *
    (e) * * *
    (13) Local public notice announcements. Each applicant for renewal 
of license shall, within 7 days of the last day of broadcast of the 
local public notice of filing announcements required pursuant to Sec.  
73.3580(c)(3), place in the station's online public inspection file a 
statement certifying compliance with this requirement. The dates and 
times that the on-air announcements were broadcast shall be made part 
of the certifying statement. The certifying statement shall be retained 
in the public file for the period

[[Page 55891]]

specified in Sec.  73.3580(e)(2) (for as long as the application to 
which it refers).
* * * * *
0
4. In Sec.  73.3527, revise paragraph (e)(10) to read as follows:


Sec.  73.3527   Local public inspection file of noncommercial 
educational stations.

* * * * *
    (e) * * *
    (10) Local public notice announcements. Each applicant for renewal 
of license shall, within 7 days of the last day of broadcast of the 
local public notice of filing announcements required pursuant to Sec.  
73.3580(c)(3), place in the station's online public inspection file a 
statement certifying compliance with this requirement. The dates and 
times that the on-air announcements were broadcast shall be made part 
of the certifying statement. The certifying statement shall be retained 
in the public file for the period specified in Sec.  73.3580(e)(2) (for 
as long as the application to which it refers).
* * * * *
0
5. Revise Sec.  73.3580 to read as follows:


Sec.  73.3580   Local public notice of filing of broadcast 
applications.

    (a) Definitions. The following definitions shall apply to this 
section:
    (1) Acceptance public notice: A Commission public notice announcing 
that an application has been accepted for filing.
    (2) Applicant-affiliated website: Any of the following internet 
websites, to the extent they are maintained, in order of priority:
    (i) The applicant station's internet website;
    (ii) The applicant's internet website; or
    (iii) The applicant's parent entity's internet website. An 
applicant maintaining or having access to more than one of the above-
listed internet websites shall post online notice on the website with 
the highest priority.
    (3) Locally originating programming: A low power television (LPTV) 
or television translator station broadcasting programming as defined in 
Sec.  74.701(h).
    (4) Major amendment: A major amendment to an application is that 
defined in Sec. Sec.  73.3571(b), 73.3572(c), 73.3573(b), 73.3578, and 
74.787(b).
    (5) Publicly accessible website: An internet website (a) that is 
accessible to members of the public without registration or payment 
requirements, or any other requirement that the user provide 
information, or response to a survey or questionnaire in exchange for 
being able to access information on the website, and (b) that is 
locally targeted to the area served and/or to be served by the 
applicant station (e.g., local government internet website, local 
community bulletin board internet website, state broadcasters' 
association internet website). For international broadcast stations 
application filed pursuant to Sec.  73.3574, the internet website must 
locally target the community in which the International broadcast 
station is proposed to be located (e.g., local government internet 
website, local community bulletin board internet website).
    (b) Types of Public Notice. Public notice is required of applicants 
for certain broadcast authorizations in the manner set forth below:
    (1) On-Air Announcement: An applicant shall broadcast on-air 
announcements of the filing of certain applications for authorization, 
if required as set forth in paragraph (c) of this section, over its 
station as follows:
    (i) Content: The on-air announcement shall be in the following 
form:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application 
or obtain information about how to file comments and petitions on 
the application can visit publicfiles.fcc.gov, and search in 
[STATION CALL SIGN'S] public file.

    An applicant station without an online public inspection file shall 
instead broadcast the following on-air announcement:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. Members of the public wishing to view this application 
or obtain information about how to file comments and petitions can 
visit www.fcc.gov/searchlms, and search in the list of [STATION CALL 
SIGN'S] filed applications.

    Television broadcast stations, in presenting on-air announcements, 
must use visuals with the full text of the on-air announcement when 
this information is being orally presented by the announcer.
    (ii) Frequency of broadcast: The applicant shall broadcast the on-
air announcements once per week (Monday through Friday) for four 
consecutive weeks, for a total of four (4) broadcasts.
    (iii) Commencement of broadcast: The applicant shall air the first 
broadcast of the on-air announcement no earlier than the date of 
release of the acceptance public notice for the application, and no 
later than the fifth day following release of the acceptance public 
notice for the application.
    (iv) Time of broadcast: The applicant shall broadcast all on-air 
announcements between the hours of 7:00 a.m. and 11:00 p.m. local time 
at the applicant station's community of license, Monday through Friday.
    (v) Language of broadcast: A station broadcasting primarily in a 
foreign language should broadcast the announcements in that language.
    (vi) Silent stations or stations not broadcasting: Any station 
required to broadcast on-air announcements that is not broadcasting 
during all or a portion of the period during which on-air announcements 
are required to be broadcast, including silent stations and 
noncommercial educational broadcast stations that are not scheduled to 
broadcast during the portion of the year during which on-air 
announcements are required to be broadcast, must comply with the 
provisions of paragraph (b)(2) of this section during the time period 
in which it is unable to broadcast required on-air announcements, and 
must broadcast required on-air announcements during the time period it 
is able to do so.
    (2) Online Notice: An applicant shall conspicuously post on an 
internet website notice of the filing of certain applications for 
authorization, if required as set forth in paragraph (c) of this 
section, as follows:
    (i) Content: The online notice shall be in the following form:

    On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION 
CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], 
filed an application with the Federal Communications Commission for 
[TYPE OF APPLICATION]. Members of the public wishing to view this 
application can visit [INSERT HYPERLINK TO APPLICATION LINK IN 
APPLICANT'S ONLINE PUBLIC INSPECTION FILE (OPIF) OR, IF THE STATION 
HAS NO OPIF, TO APPLICATION LOCATION IN THE MEDIA BUREAU'S LICENSING 
AND MANAGEMENT SYSTEM].

    An applicant for a proposed but not authorized station shall post 
the following online notice:

    On [DATE], [APPLICANT NAME], applicant for [A NEW (STATION TYPE) 
STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], 
filed an application with the Federal Communications Commission for 
[TYPE OF APPLICATION]. Members of the public wishing to view this 
application can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN 
THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM].

    An applicant for an authorization under section 325(c) of the 
Communications Act (Studio Delivering

[[Page 55892]]

Programs to a Foreign Station) shall post the following online notice:

    On [DATE], [APPLICANT NAME] filed an application with the 
Federal Communications Commission for a permit to deliver programs 
to foreign station [FOREIGN STATION CALL SIGN], [FOREIGN STATION 
FREQUENCY], [FOREIGN STATION COMMUNITY OF LICENSE]. Members of the 
public wishing to view this application can visit [INSERT HYPERLINK 
TO APPLICATION LOCATION IN THE INTERNATIONAL BUREAU'S MYIBFS 
DATABASE].

    (ii) Site: The applicant shall post online notice on an applicant-
affiliated website, as defined in paragraph (a)(2) of this section. If 
the applicant does not maintain or have access to an applicant-
affiliated website, the applicant may post the online notice on a 
publicly accessible website, as defined in paragraph (a)(5) of this 
section. An applicant for an authorization under section 325(c) of the 
Communications Act (Studio Delivering Programs to a Foreign Station) 
shall post online notice on a publicly accessible website that is 
locally targeted to the principal area to be served in the United 
States by the foreign broadcast station.
    (iii) Duration of posting: If the online notice is posted on an 
applicant-affiliated website or on a publicly accessible website for 
which the applicant is not required to compensate the website owner in 
exchange for posting the online notice, then the applicant must post 
the online notice for a minimum of 30 consecutive days. If the 
applicant does not maintain an applicant-affiliated website, and the 
applicant is required to compensate a website owner in exchange for 
posting on a publicly accessible website, the applicant must post the 
online notice for a period of not less than 24 consecutive hours, once 
per week (Monday through Friday), for four consecutive weeks.
    (iv) Commencement of posting: The applicant must post the online 
notice no earlier than the date of release of the acceptance public 
notice for the application, and not later than five days following 
release of the acceptance public notice for the application.
    (c) Applications Requiring Local Public Notice. The following 
applications filed by licensees or permittees of the following types of 
stations must provide public notice in the manner set forth below:
    (1) Applications for a new construction permit authorization or 
major amendments thereto:
    (i) For a commercial or noncommercial educational full power 
television; full-service AM or FM radio station; Class A television 
station; low power television (LPTV) or television translator station; 
low-power FM (LPFM) station; or commercial or noncommercial FM 
translator or FM booster station, the applicant shall give online 
notice only.
    (ii) For an international broadcast station, the applicant shall 
give online notice in a publicly accessible website, locally targeted 
to the community in which the station is to be located.
    (2) Applications for a major modification to a construction permit 
or license, or major amendments thereto:
    (i) For a noncommercial educational full power television; 
noncommercial full-service AM or FM radio station; or for an LPFM 
station, the applicant shall broadcast on-air announcements only.
    (ii) For a commercial full power television; commercial full-
service AM or FM radio station; or a Class A television station, the 
applicant shall both broadcast on-air announcements and give online 
notice.
    (iii) For an LPTV or television translator station; or an FM 
translator or FM booster station, the applicant shall give online 
notice only.
    (iv) For an international broadcast station, the applicant shall 
give online notice only.
    (3) Applications for renewal of license:
    (i) For a full power television; full-service AM or FM radio 
station; Class A television station; LPTV station locally originating 
programming; or LPFM station, the applicant shall broadcast on-air 
announcements only.
    (ii) For an LPTV station that does not locally originate 
programming; or for a TV or FM translator station, the applicant shall 
give online notice only.
    (iii) For an international broadcast station, the applicant shall 
give online notice only.
    (4) Applications for assignment or transfer of control of a 
construction permit or license, or major amendments thereto:
    (i) For a noncommercial educational full power television; 
noncommercial full-service AM or FM radio station; or an LPFM station, 
the applicant shall broadcast on-air announcements only.
    (ii) For a commercial full power television; commercial full-
service AM or FM radio station; Class A television station; or an LPTV 
station that locally originates programming, the applicant shall both 
broadcast on-air announcements and give online notice.
    (iii) For an LPTV station that does not locally originate 
programming or a TV translator station, the applicant shall give online 
notice only.
    (iv) For an international broadcast station, the applicant shall 
give online notice only.
    (5) Applications for a minor modification to change a station's 
community of license, or major amendments thereto:
    (i) For a noncommercial educational full-service AM or FM radio 
station, the applicant shall broadcast on-air announcements only.
    (ii) For a commercial full-service AM or FM radio station, the 
applicant shall both broadcast on-air announcements and give online 
notice. In addition to the online notice set forth in paragraph (b)(2) 
of this section locally targeted to the applicant station's current 
community of license, the applicant shall also give online notice on a 
publicly accessible website locally targeted to the community that the 
applicant proposes to designate as its new community of license, for 
the same time periods and in the same manner as set forth in paragraph 
(b)(2) of this section.
    (6) Applications for a permit pursuant to section 325(c) of the 
Communications Act (Studio Delivering Programming to a Foreign 
Station): The applicant shall give online notice only.
    (d) Applications For Which Local Public Notice Is Not Required. The 
following types of applications are not subject to the local public 
notice provisions of this section:
    (1) A minor change in the facilities of an authorized station, as 
indicated in Sec. Sec.  73.3571, 73.3572, 73.3573, 73.3574, and 
74.787(b), except a minor change to designate a different community of 
license for an AM or FM radio broadcast station, pursuant to the 
provisions of Sec. Sec.  73.3571(j) and 73.3573(g).
    (2) Consent to an involuntary assignment or transfer or to a 
voluntary assignment or transfer which does not result in a change of 
control and which may be applied for on FCC Form 316, or any successor 
form released in the future, pursuant to the provisions of Sec.  
73.3540(b).
    (3) A license under section 319(c) of the Communications Act or, 
pending application for or grant of such license, any special or 
temporary authorization to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as would be authorized by such license.
    (4) Extension of time to complete construction of authorized 
facilities.
    (5) An authorization of facilities for remote pickup or studio 
links for use in the operation of a broadcast station.
    (6) Authorization pursuant to section 325(c) of the Communications 
Act

[[Page 55893]]

(Studio Delivering Programs to a Foreign Station) where the programs to 
be transmitted are special events not of a continuing nature.
    (7) An authorization under any of the proviso clauses of section 
308(a) of the Communications Act concerning applications for and 
conditions in licenses.
    (e) Certification of Local Public Notice.
    (1) The applicant must certify in the appropriate application that 
it will comply with the public notice requirements set forth in 
paragraph (c) of this section.
    (2) An applicant for renewal of a license that is required to 
maintain an online public inspection file shall, within seven (7) days 
of the last day of broadcast of the required on-air announcements, 
place in its online public inspection file a statement certifying 
compliance with Sec.  73.3580, along with the dates and times that the 
on-air announcements were broadcast. An applicant for renewal of a 
license that is required to maintain an online public inspection file, 
and that is not broadcasting during all or a portion of the period 
during which on-air announcements are required to be broadcast, as set 
forth in paragraph (b)(1)(v) of this section, shall, within seven (7) 
days of the last on-air announcement or last day of posting online 
notice, whichever occurs last, place in its online public inspection 
file a statement certifying compliance with Sec.  73.3580, along with 
the dates and times that any on-air announcements were broadcast, along 
with the dates and times that online notice was posted and the 
Universal Resource Locator (URL) of the internet website on which 
online notice was posted. This certification need not be filed with the 
Commission but shall be retained in the online public inspection file 
for as long as the application to which it refers.
    (f) Time for Acting on Applications. Applications (as originally 
filed or amended) will be acted upon by the FCC no sooner than 30 days 
following release of the acceptance public notice, except as otherwise 
permitted in Sec.  73.3542, ``Application for emergency 
authorization,'' or in Sec.  73.1635, ``Special temporary 
authorizations (STA).''

0
6. Revise Sec.  73.3594 to read as follows:


Sec.  73.3594   Local public notice of designation for hearing.

    (a) When an application subject to the provisions of Sec.  73.3580 
is designated for hearing, the applicant shall give notice of such 
designation as follows:
    (1) On-Air Announcement: The applicant (except an applicant filing 
an application for an International broadcast, low power TV, TV 
translator, FM translator, and FM booster station) shall broadcast an 
on-air announcement of the designation of an application for hearing 
over its radio or television station as follows:
    (i) Content: The on-air announcement shall be in the following 
form:

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application 
for an evidentiary hearing on certain issues. Members of the public 
wishing to view the Hearing Designation Order and list of issues can 
visit [URL OF INTERNET WEBSITE MAINTAINED BY THE STATION, THE 
LICENSEE/PERMITTEE, OR THE LICENSEE/PERMITTEE'S PARENT ENTITY, OR 
OTHER PUBLICLY ACCESSIBLE WEBSITE], and click the link in the 
``Hearing Designation Order'' notice.

    Television broadcast stations (commercial and noncommercial 
educational), in presenting on-air announcements, must use visuals 
[with the full text of the on-air announcement] when this information 
is being orally presented by the announcer.
    (ii) Frequency of broadcast: The on-air announcements shall be 
broadcast a total of four (4) times, once per week for four consecutive 
weeks.
    (iii) Commencement of broadcast: The first broadcast of the on-air 
announcement shall occur no earlier than the date of release of the 
Hearing Designation Order, Order to Show Cause, or other order 
designating issues for hearing, and no later than the fifth day 
following release of said order.
    (iv) Time of broadcast: The on-air announcements shall be broadcast 
between the hours of 7:00 a.m. and 11:00 p.m. local time at the 
applicant station's community of license, Monday through Friday.
    (v) Language of broadcast: A station broadcasting primarily in a 
foreign language shall broadcast the announcements in that language.
    (2) Online Notice: The applicant shall also post an online notice 
of the designation of an application for hearing conspicuously on an 
internet website as follows:
    (i) Content: The online notice shall be in the following form:

Hearing Designation Order

    On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], 
[STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an 
application with the Federal Communications Commission for [TYPE OF 
APPLICATION]. On [DATE], the Commission designated the application 
for an evidentiary hearing on the following issues: [LIST OF ISSUES 
IN THE HEARING AS LISTED IN THE FCC's ORDER OR SUMMARY OF 
DESIGNATION FOR HEARING]. Members of the public wishing to view the 
Hearing Designation Order or to file comments can visit [INSERT 
HYPERLINK TO THE HEARING DESIGNATION ORDER, ORDER TO SHOW CAUSE, OR 
OTHER ORDER DESIGNATING THE APPLICATION FOR HEARING, ON THE FCC's 
INTERNET WEBSITE].

    (ii) Site: The applicant shall post online notice on one of the 
following internet websites, to the extent such websites are 
maintained, in order of priority:
    (A) the applicant station's internet website;
    (B) the applicant's internet website; or
    (C) the applicant's parent entity's internet website.
    If the applicant does not maintain an internet website for the 
station or itself, or if the applicant's parent entity does not 
maintain an internet website, the applicant shall post online notice on 
an internet website (a) that is accessible to members of the public 
without registration or payment requirements, or any other requirement 
that the user provide information, or response to a survey or 
questionnaire in exchange for being able to access information on the 
website, and (b) that is locally targeted to the area served and/or to 
be served by the applicant station (e.g., local government internet 
website, local community bulletin board internet website, state 
broadcasters' association internet website).
    (iii) Commencement of posting: The online notice shall be posted no 
earlier than the date of release of the Hearing Designation Order, 
Order to Show Cause, or other order designating issues for hearing, and 
no later than the fifth day following release of said order.
    (iv) Length of posting: The online notice must be posted for a 
minimum of 30 consecutive days.
    (b) Within seven (7) days of the last day of broadcast of the 
notice required by paragraph (a)(1) of this section, the applicant 
shall file a an original statement and one copy with the Secretary of 
the Commission setting forth the dates and times on which the on-air 
announcements were made, the date the online notice was first posted, 
and the Universal Resource Locator (URL) address of the internet 
website on which online notice is posted.
    (c) The failure to comply with the provisions of this section is 
cause for dismissal of an application with prejudice. However, upon a 
finding that applicant has complied (or proposes to comply) with the 
provisions of section

[[Page 55894]]

311(a)(2) of the Communications Act, and that the public interest, 
convenience, and necessity will be served thereby, the presiding 
officer may authorize an applicant, upon a showing of special 
circumstances, to give notice in a manner other than that prescribed by 
this section; may accept notice that is given in a manner which does 
not conform strictly in all respects with the provisions of this 
section; or may extend the time for giving notice.

[FR Doc. 2019-22052 Filed 10-17-19; 8:45 am]
 BILLING CODE 6712-01-P