Broadcast Station Rule Updates, 13432-13447 [2025-03115]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 90, Number 55 (Monday, March 24, 2025)]
[Proposed Rules]
[Pages 13432-13447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03115]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73, 74, and 76

[MB Docket No. 24-626; FCC 24-126; FR ID 280968]


Broadcast Station Rule Updates

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) seeks comment on several proposed updates to 
broadcast radio and TV rules to better reflect current application 
processing requirements, clarify ambiguity, and remove references to 
outdated procedures and legacy filing systems. Such action ensures that 
the Commission's rules are accurate, reducing potential confusion among 
the public, applicants, licensees, and practitioners, and alleviating 
unnecessary burdens.

DATES: Comments due on or before April 23, 2025; reply comments due on 
or before May 8, 2025.

ADDRESSES: Pursuant to Sec. Sec.  1.415 and 1.419, interested parties 
may file comments and reply comments on or before the dates indicated 
on the first page of this document. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). You 
may submit comments, identified by MB Docket No. 24-626, by any of the 
following methods:
     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.
     Filings can be sent by hand or messenger delivery, by 
commercial courier, or by the U.S. Postal Service. All filings must be 
addressed to the Secretary, Federal Communications Commission.
     Hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m. 
by the FCC's mailing contractor at 9050 Junction Drive, Annapolis 
Junction, MD 20701. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
     Commercial courier deliveries (any deliveries not by the 
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis 
Junction, MD 20701. Filings sent by U.S. Postal Service First-Class 
Mail, Priority Mail, and Priority Mail Express must be sent to 45 L 
Street NE, Washington, DC 20554.
     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 & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Ariane Rangel, Audio Division, Media Bureau at 
[email protected] or (202) 418-4036, or Lisa Scanlan, Audio 
Division, Media Bureau at [email protected] or (202) 418-2704.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), in MB Docket No. 24-626; FCC 24-126, 
adopted December 11, 2024, and released December 13, 2024. The full 
text of this document is available by downloading the text from the 
Commission's website at: https://docs.fcc.gov/public/attachments/FCC-24-126A1.pdf.
    Paperwork Reduction Act of 1995 Analysis: This document contains 
possible new or modified information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and the Office of Management and 
Budget (OMB) to comment on the information collection requirements 
contained in this document, as required by the Paperwork Reduction Act 
of 1995, Public Law 104-13. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), we seek specific comment on how we might further reduce the

[[Page 13433]]

information collection burden for small business concerns with fewer 
than 25 employees.
    Providing Accountability Through Transparency Act: Consistent with 
the Providing Accountability Through Transparency Act, Public Law 118-
9, see 5 U.S.C. 553(b)(4), a summary of this document will be available 
at https://www.fcc.gov/proposed-rulemakings.

Synopsis

I. Introduction

    1. In the Notice of Proposed Rulemaking (NPRM) adopted on December 
11, 2024, and released on December 13, 2024, the Commission seeks 
comment on proposed revisions to various broadcast radio and television 
regulations in parts 1, 73, 74 and 76 of the CFR. The NPRM proposes to 
update rules to better reflect current application processing 
requirements, clarify and harmonize provisions, and remove references 
to outdated procedures and legacy filing systems. The NPRM also 
proposes to clarify certain terms and procedures used in the 
comparative processes for mutually exclusive (MX) noncommercial 
educational (NCE) stations and low power FM (LPFM) stations.

II. Background

    2. This NPRM continues our efforts to update broadcast radio and 
television rules. In the past three decades, the Media Bureau (Bureau) 
has transitioned from paper-filing to electronic filing, and 
subsequently transitioned from its initial filing database to a new 
one. Various rules still reference outdated terms from the Commission's 
paper-filing processing procedures and discontinued database, and are 
therefore incompatible with current electronic filing procedures. 
Additionally, other outdated rules are no longer necessary to ensure 
administrative efficiency and can result in application processing 
delays and confusion. This NPRM seeks to update and clarify these rules 
to better reflect current processing procedures, and improve how the 
public, applicants, and licensees engage with the Commission.

III. Discussion

A. Replace References to CDBS With References to LMS

    3. We propose to amend Sec. Sec.  1.5000(b), 1.5004(d)(2), 
1.30001(d), 1.30004(a), 73.202(a), 73.3700(b)(5)(iv), and 
76.66(d)(2)(ii) to replace references to the Bureau's Consolidated 
Database System (CDBS) electronic filing system with references to the 
Bureau's new Licensing and Management System (LMS) electronic filing 
system. The Bureau is in the final stage of transitioning from CDBS to 
LMS. We propose to amend rule sections that mention CDBS to instead 
refer to LMS. We seek comment on this proposal.

B. Update Form Names

    4. We propose to update Sec. Sec.  73.30(c), 73.45(d)(1), 73.51(c), 
73.311(a), 73.512(a), 73.625(c)(4)(i), 73.872(b)(1), 73.875, 
73.1670(b), 73.1690(c)(9), 73.3580(d)(2), and 73.5002(b) to update 
application references. The rules we propose to amend reference 
outdated form designations used in CDBS, such as ``FCC Form 301,'' and 
we propose to update the references to conform to current conventions 
used in LMS such as ``FCC Form 2100, Schedule 301.'' For example, FCC 
Form 301 would become FCC Form 2100, Schedule 301. We seek comment on 
this proposal and whether other Rules need to be updated to conform to 
LMS naming conventions.

C. Change Table of Assignments/Allotments References To Conform to 
Existing Language

    5. We propose to update inconsistent terminology concerning 
references to the tables governing FM and TV allotments. Sections 
1.401, 1.403, 1.420 and 73.3573 currently use inconsistent terminology 
to refer to the ``Table of FM Allotments'' and the ``Table of TV 
Allotments.'' Accordingly, we propose to change references in these 
sections from ``FM Table of Allotments'' to ``Table of FM Allotments'' 
and from ``TV Table of Allotments'' to ``Table of TV Allotments.'' In 
addition, we propose to change references from ``FM Table of 
Assignments'' to ``Table of FM Allotments'' and from ``TV Table of 
Assignments'' to ``Table of TV Allotments.'' These proposed changes are 
editorial in nature and correspond with the standard language used in 
Sec. Sec.  73.202, 73.606 and 73.622. We seek comment on this proposal 
and whether other Rules should be similarly revised.

D. Eliminate Sec.  73.503(g), the 2021 NCE FM Window Application Cap

    6. We propose to eliminate language concerning a cap on the number 
of applications each applicant could submit in the 2021 NCE FM filing 
window. Section 73.503(g) (Application Limit) mandates that an NCE FM 
applicant may file no more than a total of 10 applications in the 2021 
NCE FM filing window. This Application Limit was intended for the 
limited purpose of the 2021 NCE FM filing window, which has passed. 
Upon resolution and finality of the remaining NCE FM applications, we 
propose to delegate authority to the Bureau to effectuate this change 
and remove Sec.  73.503(g). We seek comment on this proposal.

E. Eliminate AM Station Power Increase Restrictions

    7. We propose to eliminate the requirement that AM stations seeking 
power increases must request at least a 20% increase in nominal power. 
We tentatively conclude that this change will provide AM broadcasters 
greater flexibility and will afford new opportunities for stations to 
optimize their operations, thus providing continued AM service to the 
public. Due to increased efficiency in administrative processing, we do 
not expect this change will adversely affect the processing time for 
other pending applications. We also propose an update to our AM rules 
to conform to international agreements and several minor administrative 
changes.
    8. Section 73.3571(e)(1) and (2) sets forth requirements for AM 
stations proposing a power increase. The rule was adopted in 1985 when 
the Commission revised the AM technical rules to reflect then-newly 
enacted international agreements. To address concerns about the 
potential administrative impact from the large number of AM 
applications that the rule changes were expected to engender, and to 
reduce the number of modification applications, the Commission 
established a minimum threshold for power increases. Specifically, the 
Commission determined that any application which does not involve a 
change in site must propose at least a 20% increase in the AM station's 
nominal power.
    9. We tentatively conclude that due to changed circumstances, this 
restriction is outdated, and propose to delete the requirement that an 
applicant proposing to increase the power for an AM station must 
propose either a site change or at least a 20% increase in the 
station's nominal power. Due to increased administrative efficiencies 
and the electronic application filing system currently in place, we 
tentatively find that applications proposing an increase of less than 
20% power do not present the same processing burdens and do not warrant 
this restrictive benchmark. Accordingly, we propose to delete Sec.  
73.3571(e)(1) and (2), and seek comment on this proposal. We also seek 
comment on whether there is a public benefit to allowing increases of 
less than 20%. We also propose to delete Sec.  73.3571(e)(3), which 
clarifies that Class D stations were not subject to the requirements of 
Sec.  73.3571(e)(1) and (e)(2).

[[Page 13434]]

    10. We also propose to update Sec.  73.3571(e)(4), which outlines 
procedures for authorizing certain Class D daytime-only stations to 
operate unlimited-time. Paragraph (e)(4) was not updated when the 
stations were reclassified in 1991, and the current rule still reflects 
the old classifications. Accordingly, we propose to revise the station 
classes in Sec.  73.3571(e)(4) to reflect current station 
classifications, including Class B and Class D designations mirroring 
the definitions in Sec.  73.21(a)(2) and (a)(3), and seek comment on 
this proposal.
    11. We propose to remove the Note to this rule section, and add it 
to paragraph (h)(1)(ii) of Sec.  73.3571.

F. Post-Incentive Auction Viewer and MVPD Notification Requirements

    12. We propose to update Incentive Auction rules to remove obsolete 
language. In 2014, the Commission adopted rules to implement the 
broadcast television spectrum incentive auction (Incentive Auction). 
The post-incentive auction transition period concluded on July 3, 2020. 
All full power and Class A TV stations that elected to relinquish their 
licenses have terminated operations and all repacked stations are now 
operating on their post-auction channel assignments. As such, we 
propose to delete Sec.  73.3700(c) and revise Sec. Sec.  
73.3801(h)(4)(i), 73.6029(h)(4)(i), and 74.782(i)(4)(i).
    13. Section 73.3700(c) requires repacked stations to provide notice 
to viewers before a station transitions to its post-auction channel and 
requires license relinquishment stations to provide notice to viewers 
before terminating operations. Because all repacked stations are now 
operating on their post-incentive auction channels and all license 
relinquishment stations have terminated operations, this notice 
provision is obsolete.
    14. Sections 73.3801(h)(4)(i), 73.6029(h)(4)(i), and 
74.782(i)(4)(i) require 120-days advance notification by Next Gen TV 
stations to MVPDs (Multichannel Video Programming Distributors) for 
ATSC 1.0 service relocations that occur during the post-incentive 
auction transition period and 90-days advance notice for relocations 
that occur after the post-incentive auction transition period. Since 
the post-incentive auction transition period concluded, we propose to 
revise these rules to remove references to the post-incentive auction 
transition period and the extended MVPD notice period that was only 
required during that time. We seek comment on each of these proposals. 
These proposed revisions do not alter the 90-day MVPD notice 
requirement that is currently in effect for Next Gen TV.

G. Update Sec.  73.870, Processing LPFM Minor Modification Applications

    15. We propose to codify in the rules the existing interpretation 
of Sec.  73.870(e) that LPFM minor modification applications received 
on the same day will be treated as simultaneously filed. Section 
73.3573 outlines the processing procedures for full service FM 
broadcast station applications. Generally, applications for minor 
modifications of FM broadcast and FM translator stations ``may be filed 
at any time, unless restricted by the FCC, and will be processed on a 
`first come/first served' basis.'' Section 73.3573(e)(1), which governs 
reserved channel FM broadcast stations, states that ``[c]onflicting 
minor change FM applications received on the same day are treated as 
simultaneously filed and mutually exclusive.'' With respect to non-
reserved FM broadcast stations, Sec.  73.3573(f)(1) states that ``[a]ll 
applications received on the same day will be treated as simultaneously 
tendered and, if they are found to be mutually exclusive, must be 
resolved through settlement or technical amendment.'' The same 
processing procedures apply to conflicting minor change FM translator 
applications received on the same day pursuant to Sec.  74.1233.
    16. There is no similar language in the rule for minor change LPFM 
applications indicating the processing standard for applications 
received on the same day. Section 73.870(e) simply states: ``Minor 
change LPFM applications may be filed at any time, unless restricted by 
the staff, and generally, will be processed in the order in which they 
are tendered. Such applications must meet all technical and legal 
requirements applicable to new LPFM station applications.''
    17. There is no indication in either the text of Sec.  73.870(e) or 
in the order adopting the rule that the Commission intended to 
implement a different procedure for processing minor change LPFM 
applications than for minor change full service FM and FM translator 
applications.
    18. Accordingly, we propose to codify in the rules the existing 
interpretation of Sec.  73.870(e) that LPFM minor modification 
applications received on the same day will be treated as simultaneously 
filed. This will harmonize Sec.  73.870(e) with the processing 
procedures for minor change full service FM and FM translator 
applications under Sec. Sec.  73.3573(e)(1) and (f)(1), and 
74.1233(b)(1) and (d)(1). We also propose to revise Sec.  73.870(e) to 
codify the existing practice that first-come, first-served processing 
for LPFM minor modification applications will follow the well-
established general procedures, under which applicants filing on the 
same day are considered simultaneously filed and, if mutually 
exclusive, directed to use engineering solutions and good faith 
negotiation to resolve their mutual exclusivity. We seek comment on our 
proposals.

H. Revisions to Sec.  73.807, Minimum Distance Separation Between 
Stations

1. Codification of Definition of the Term ``Authorized'' Station
    19. We propose to codify the existing interpretation of the term 
``authorized'' station in Sec.  73.807 as including construction 
permittees in addition to licensees. Under Sec.  73.807(a)(1), to be 
authorized, LPFM applicants must satisfy the minimum distance 
separation requirements specified in the Table to paragraph (a)(1) with 
respect to ``authorized FM stations'' and ``authorized LPFM stations'' 
among other separation requirements, and must also meet the minimum 
separation requirements in the Table to paragraph (c) with respect to 
``authorized FM translator stations.''
    20. Although the term ``authorized'' in the context of Sec.  
73.807(a)(1) and (c) is not defined in the rule or LPFM Report and 
Order, the Commission's long-standing interpretation of this term is 
that it encompasses stations having a granted license and/or a granted 
construction permit. We tentatively conclude to codify in Sec.  
73.807(a) and (c) the existing interpretation of the term 
``authorized'' stations as including both licensed stations and/or 
granted construction permits for FM, LPFM, and FM translator stations. 
We seek comment on our tentative conclusion that this will provide 
clarity to LPFM applicants regarding minimum distance separation 
requirements.
2. Prior-Filed Application Protections
    21. We propose to modify Sec. Sec.  73.807(a)(1) and 73.807(c) to 
state that LPFM applicants must protect FM, LPFM, and FM translator 
applications submitted prior to a public notice announcing the 
procedures for an LPFM filing window.
    22. Under Sec.  73.807(a)(1), LPFM applicants must satisfy the 
minimum distance separation requirements in the Table to paragraph 
(a)(1) with respect to ``applications for new and existing FM stations 
filed prior to the release of the public notice announcing an LPFM 
window period.'' Under Sec.  73.807(c), LPFM applicants must also 
satisfy the

[[Page 13435]]

minimum distance separation requirements in the Table to paragraph (c) 
with respect to ``cutoff FM translator applications, and FM translator 
applications filed prior to the release of the Public Notice announcing 
the LPFM window period.''
    23. We propose to modify Sec. Sec.  73.807(a)(1) and 73.807(c) to 
state that FM, LPFM and FM translator applications filed prior to the 
release of the Public Notice announcing the filing procedures that will 
apply to any upcoming LPFM application filing window must be protected 
under these rule sections. In recent application filing windows, the 
Bureau has released multiple Public Notices announcing the window 
including providing early announcements of upcoming window dates, in 
order to afford potential applicants adequate time to prepare their 
applications. This proposed rule change will provide that: a public 
notice that just announces the filing window dates will not serve to 
terminate protection requirements for prior-filed applications under 
Sec. Sec.  73.807(a)(1) and 73.807(c); and only a detailed public 
notice setting out the procedures for the window terminates the need to 
protect prior-filed applications.
    24. Section 73.807(c) requires that LPFM applications must meet the 
minimum separation requirements ``. . . with respect to . . . cutoff FM 
translator applications . . . .'' We propose to remove the reference to 
``cutoff FM translator applications,'' because our proposed rule 
amendment will make clear that any FM translator application that is 
filed prior to the issuance of the LPFM filing window procedures public 
notice is entitled to protection. We seek comment on these proposals.

I. Revise the Signature Rule

    25. We propose to codify the existing interpretation of the 
Signature Rule (Sec.  73.3513), applicable to all broadcast services, 
that ``directors'' of corporations may sign applications. We also 
propose to modify the Signature Rule to expand the definition of who 
may sign an application on behalf of a corporation, a partnership, and 
an unincorporated association, to include a ``duly authorized 
employee.'' Section 73.3513 of the Rules specifies who must sign 
``[a]pplications, amendments thereto, or related statements of fact 
required by the FCC'' on behalf of various broadcast entities. 
According to the Signature Rule, an officer of a corporation may sign 
applications or amendments on a broadcast entity's behalf. For a 
partnership, a partner may sign applications on behalf of a 
partnership. For an unincorporated association, a member who is an 
officer may sign applications on behalf of an unincorporated 
association. We adhere to the Signature Rule requirements and 
violations of the Signature Rule are not curable. The Bureau has 
interpreted the Signature Rule to permit applications signed by 
corporate directors, rather than officers, finding that the director at 
issue was as capable as a subordinate corporate officer to ensure 
accuracy and accountability of the broadcast application. We seek 
comment on the Bureau's rationale regarding corporate directors and now 
propose to codify in the rules the existing interpretation of Sec.  
73.3513 that ``directors'' of corporations may sign applications.
    26. Under the existing rule, a corporation cannot allow an 
employee, such as a general manager, to sign applications or amendments 
on its behalf. The existing rule, which does not permit a corporation 
to designate an authorized employee to sign applications or amendments, 
leads to numerous application dismissals of otherwise qualified 
applicants.
    27. We propose to permit a corporation, partnership, or 
unincorporated association to designate a ``duly authorized employee,'' 
to sign applications or amendments on its behalf. This would harmonize 
the Signature Rule with similar rules used by other bureaus and offices 
that permit both directors and authorized employees to sign 
applications or amendments on behalf of the corporation. We seek 
comment on this proposed modification to the Signature Rule and on how 
to define the term ``duly authorized employee.'' Should we limit the 
types of employees that may sign, or require written delegation of 
authority that predates the filing of applications or amendments on 
behalf of the corporation, partnership, or unincorporated association? 
How significant is the potential for misrepresentation or abuse if duly 
authorized employees sign broadcast applications? Does allowing an 
authorized employee to sign applications provide adequate assurance 
that the applicant has personally reviewed the application? How would 
the proposed rule change benefit small corporations, partnerships, or 
unincorporated associations that may be unrepresented by counsel? We 
also seek comment on whether we should amend our rules to specify which 
individuals associated with a limited liability company (LLC) can sign 
an application. Should only ``members'' of an LLC be authorized to 
sign?
    28. We also propose to revise the Signature Rule to clarify that 
the term ``signed,'' for applications submitted in LMS, includes an 
electronic signature that consists of the individual's typed name. We 
seek comment on these modifications.

J. Local Public Notice Requirement After Acceptance for Filing

    29. We propose to codify the long time practice concerning when 
applicants for new NCE FM, NCE TV, or LPFM construction permits must 
give local public notice of their applications. Section 73.3580 sets 
out what types of applicants and licensees are required to provide 
local public notice, what applications trigger the requirement, the 
timing of the notice and the content of the notice. The rule currently 
provides that the Commission's release of an ``acceptance public 
notice'' of a newly filed application triggers the applicant's local 
public notice obligation. Section 73.3580(a)(1) defines an acceptance 
public notice as: ``A Commission public notice announcing that an 
application has been accepted for filing.'' Section 73.3580(c)(1) 
specifies that an applicant filing an application for a construction 
permit for a new ``noncommercial educational full power television 
[station]; . . . noncommercial educational full-service . . . FM radio 
station; . . . [or] low-power FM'' radio station must provide local 
public notice through an online notice. However, the current definition 
of an acceptance public notice does not take into account all of the 
ways that the Commission announces tentative selectees for new NCE FM, 
NCE TV, and LPFM construction permits. Therefore, we propose to add 
language to Sec. Sec.  73.3580, 73.7002, 73.7003, and 73.872, to state 
that for NCE FM, NCE TV, and LPFM applications, a public notice, a 
Threshold Fair Distribution of Service Order, an NCE Comparative Points 
Order, an LPFM Tentative Selectee Order or Public Notice, or the 
equivalent can all serve as an acceptance public notice under Sec.  
73.3580, and each will trigger that applicant's local public notice 
obligation.
    30. The Bureau routinely releases in its ``Applications'' public 
notice that singleton NCE and LPFM new station construction permit 
applications have been accepted for filing. However, in the context of 
MX NCE and LPFM new station construction permit applications, the 
``acceptance for filing'' notice, which triggers the Sec.  73.3580 
local notice obligation, occurs via other procedural means. In an MX 
situation, the NCE or LPFM tentative selectee is

[[Page 13436]]

identified and concurrently accepted for filing, the combination of 
which triggers the applicant's local public notice obligation. However, 
these MX NCE or LPFM tentative selectees do not appear in the 
Applications public notice but are ``accepted for filing'' in an 
omnibus, multi-application Order such as the following:
     A Threshold Fair Distribution of Service Order, issued 
under delegated authority, designating a tentative selectee for a full 
service NCE FM construction permit pursuant to section 307(b) of the 
Act (Section 307(b) Order).
     An NCE Comparative Points Order designating a tentative 
selectee pursuant to Sec.  73.7003.
     An LPFM MX Tentative Selectee Order or Public Notice 
identifying tentative selectees pursuant to Sec.  73.872.
     A Bureau decision issued under delegated authority 
announcing a new tentative selectee following dismissal of prior 
tentative selectee.

These four NCE and LPFM MX application contexts, which accept a 
tentative selectee for filing and thus trigger an applicant's local 
notice obligation, are not currently addressed by Sec.  73.3580.
    31. Accordingly, we propose to amend: Sec.  73.7002(b) to indicate 
that the ``acceptance for filing'' of the various tentative selectee(s) 
in a Section 307(b) Order triggers the applicant's local public notice 
obligation; Sec.  73.7003(a) to indicate that the ``acceptance for 
filing'' of the various tentative selectee(s) in an NCE Comparative 
Points Order triggers the applicant's local public notice obligation; 
and Sec.  73.872(a) to indicate that the ``acceptance for filing'' of 
the various tentative selectee(s) in an LPFM MX Tentative Selectee 
Order or Public Notice, triggers the applicant's local public notice 
obligation. We also propose to revise Sec.  73.3580(a)(1) to define 
``an acceptance public notice'' as a Commission or Bureau public notice 
announcing that an application has been accepted for filing, or an 
equivalent Order accepting for filing applications from a filing window 
under Sec. Sec.  73.7002, 73.7003 or 73.872. We seek comment on this 
proposal, and on any other changes to the local notice obligations.

K. Remove 90-Day STA Restriction Necessitated by Technical or Equipment 
Problems

    32. We propose to amend Sec.  73.1635(a)(4) to remove language 
providing that an initial special temporary authorization (STA) 
necessitated by technical or equipment problems may only be granted for 
90 days with a limited number of 90-day extensions, rather than the 
full 180-day period permitted for STAs for other reasons. Based on 
previous STA submissions, the Bureau engineering staff has observed 
that technical or equipment malfunctions frequently take more than 90 
days to resolve. Requiring an update every 90 days typically results in 
the licensee raising the same issues and repeating the identical 
request from the original STA filing, and places an extra burden on 
licensees and Bureau processing staff. Therefore, we propose to delete 
this 90-day restriction language and apply the 180-day period to STAs 
necessitated by technical or equipment problems, consistent with the 
time period we apply to other types of STAs. We also propose to correct 
a typo in the fourth sentence of paragraph (a)(4) by replacing 
``expeditions'' with ``expeditious.'' We seek comment on this proposal.

L. Remove Obsolete Application Processing Language

    33. We propose to modify our application processing rules to remove 
and revise references to various application processing procedures that 
are no longer used. The removal and revision of obsolete language will 
streamline our rules and eliminate the potential for confusion among 
the public, licensees, and practitioners, such as attorneys or 
engineers, that submit filings to the Commission. Prior to the adoption 
of electronic filing, applications were paper-filed under a two-step 
submission process. First, applicants ``tendered for filing'' 
applications. Second, after a preliminary review for completeness, the 
Bureau would then review the application for core technical and legal 
requirements. If the application was ``accepted for filing,'' the 
Bureau would assign the application a file number, and place the 
application on an ``accepted for filing'' public notice.
    34. Under the current electronic filing system, applications are no 
longer physically ``tendered for filing'' but are now filed 
electronically in the Bureau's filing database, LMS. Upon filing, 
applications appear in the Bureau's daily ``Applications'' public 
notice. Applications that require a fee do not appear on the Bureau's 
daily ``Applications'' public notice until the fee is paid. Numerous 
rule sections still reference outdated terms from the Commission's 
legacy paper-filing processing procedures and are therefore 
inconsistent with current electronic filing procedures. For example, 
the continued use of the term ``tendered'' is potentially confusing to 
applicants, practitioners, and the public because it reflects a 
processing procedure that no longer exists.
    35. We first propose to remove references to applications and 
pleadings as being ``tendered'' with the Commission and instead refer 
to applications as being ``filed'' with the Commission in the following 
rules: 73.37(c), which addresses application requirements for new AM 
stations; 73.3516(e), which sets forth the process for filing a 
petition to deny during a license renewal proceeding; 73.3526 and 
73.3527, which describe required online public inspection file 
documents; 73.3573(f)(1), which outlines the processing of FM 
applications; 73.3578(a), which concerns amendments to applications; 
73.3591(b), which explains the processing of applications without a 
hearing; and 73.3597(b)(2), which addresses the processing of transfer 
and assignment applications.
    36. Second, we propose to amend Sec.  73.3564, which addresses the 
acceptance of applications and in certain places still reflects 
obsolete paper-filing procedures. We propose to delete all obsolete 
paper-filing procedures from Sec.  73.3564(a) and replace the term 
``tendered for filing'' with ``filed'' throughout Sec.  73.3564. We 
also propose to delete Sec.  73.3564(c) references to cut-off 
procedures for reserved band FM NCE applications that have since been 
eliminated by the Commission in favor of a filing window approach.
    37. Finally, we propose to remove Note 1 to Sec.  73.3522, which 
addresses amendments to applications, because the Note also reflects 
processing procedures that have been eliminated with the implementation 
of electronic filing. We seek comment on these proposed revisions and 
additional references to outdated processing that should be updated.

M. Redesignate Renewal Application Petition To Deny Rule

    38. We propose to consolidate our rules for petitions to deny under 
a single rule section. While Sec.  73.3516 generally deals with 
applications for new broadcast facilities, paragraph (e) of Sec.  
73.3516 addresses deadlines for filing petitions to deny license 
renewal applications. Our general rule related to the filing of 
petitions to deny under Part 73 is Sec.  73.3584. We propose to 
redesignate the revised Sec.  73.3516(e) as a new paragraph to Sec.  
73.3584, which specifically addresses the procedures for filing 
petitions to deny against license renewal applications. We also propose 
to replace cross-references to current

[[Page 13437]]

Sec.  73.3516(e) with references to redesignated Sec.  73.3584(f).

N. Revise the Informal Objection Rule

    39. We propose to revise the informal objection rule to require 
that informal objections and responsive pleadings be served upon the 
relevant applicant or objector. We also propose to limit the type of 
responsive pleadings that may be filed, and impose filing deadlines for 
responsive pleadings that align with the limitations set for responsive 
pleadings to petitions to deny.
    40. In processing broadcast applications, we encounter two types of 
pleadings that we process and treat as an informal objection: (1) a 
pleading intentionally filed directly as an informal objection under 
Sec.  73.3587, and (2) a pleading initially submitted as a petition to 
deny, but is treated as an informal objection because it falls short of 
the procedural requirements of a petition to deny. The goal of the 
informal objection rule is to afford the public opportunity to submit 
information that the Commission should consider when evaluating whether 
grant of an application would serve the public interest, with fewer 
procedural requirements than the statutory and rule provisions covering 
petitions to deny. Under our current rule, informal objections are not 
required to be served upon the applicant. We have found that the 
existing rule, which does not require service of informal objections, 
often leads to considerable inefficiencies in the resolution of 
contested proceedings because of the lack of procedures. For example, 
because informal objections do not need to be served, Bureau staff must 
often forward an informal objection to an applicant and afford the 
applicant an opportunity to respond to the informal objection. 
Additionally, our current rules contain no restriction on the number or 
type of pleadings that can be filed in response to an informal 
objection, and provide no pleading deadlines, which similarly delays 
the resolution of contested proceedings.
    41. We first propose to require that the first above-mentioned 
category of informal objections, those intentionally filed directly as 
an informal objection under Sec.  73.3587, must be served upon the 
applicant. We propose that service may be by mail or email to the 
address listed in the ``Applicant'' or ``Contact Representatives'' 
sections of the contested application. Both the street address and 
email address are mandatory fields within the ``Applicant'' and 
``Contact Representatives'' sections. Therefore, the service 
information is readily available to the objector. We believe that 
requiring service of informal objections will ensure that parties are 
timely informed of these filings, thereby promoting a more efficient 
resolution of contested proceedings. The Bureau successfully 
implemented a requirement for applications in the 2023 LPFM filing 
window that filers of both petitions to deny and informal objections 
were required to serve a copy of their filings on applicants. This 
approach expedited review without hindering public participation in the 
regulatory process. We seek comment on whether, in the renewal 
context--where listeners and viewers most frequently file informal 
objections--it would be beneficial to include similar language in pre-
renewal public notices to inform the public about the service 
requirements. Should service be to the Applicant instead of a choice 
between the Applicant and Contact Representative? Additionally, we note 
that our proposal to permit electronic service aligns with the Wireless 
Telecommunications Bureau's electronic service requirements. We seek 
comment on this proposal. Specifically, what should be the consequence 
of not serving a filing? Should the filing be subject to dismissal? Do 
these proposals create any barriers for certain parties?
    42. Second, we propose to limit the types of responsive pleadings 
that may be filed and establish pleading deadlines on responsive 
pleadings to ensure a prompt resolution of the contested matter. 
Specifically, we propose that responsive pleadings shall be limited to 
one opposition and one reply. In the case of an informal objection 
against an application for renewal of license, an opposition thereto 
may be filed within 30 days after the informal objection is filed. The 
party that filed the informal objection against the renewal application 
may reply to the opposition within 20 days after the opposition is due 
or within 20 days after the opposition is filed, whichever occurs 
later. For all other pleadings, we propose that an opposition is 
required to be filed by the applicant within 10 days after the informal 
objection is filed and a reply filed by the objector within five days 
after the opposition is due or within five days after the opposition is 
filed, whichever occurs later. These pleading limitations and filing 
deadlines align with the pleading limitations and deadlines provided 
for petitions to deny, and we tentatively conclude they are appropriate 
for informal objections in order to balance the need of administrative 
efficiency with the filer's need to submit information that it believes 
the Commission should consider when evaluating whether grant of an 
application would serve the public interest. Our proposal to implement 
pleading limitations and deadlines on responses to informal objections 
has been successfully used by other Bureaus, and we believe these 
reforms will provide greater transparency and clarity for all 
interested parties.
    43. We seek comment on this proposal. Alternatively, we seek 
comment on whether we should adopt longer time frames for responsive 
pleadings, or whether shorter time periods are sufficient, given the 
additional time provided under Sec.  1.4 of our Rules. We also propose 
that such responsive pleadings must be served by mail or to the email 
address provided in the informal objection or application, as 
applicable. Our proposal for service of objections and responsive 
pleadings aligns with the electronic service requirements of other 
Bureaus and offices within the Commission, including, for example, the 
Wireless Telecommunications Bureau which requires service of all 
pleadings. We seek comment on these proposals.

IV. Initial Regulatory Flexibility Act Analysis

    44. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies and rules 
proposed in the Notice of Proposed Rulemaking (NPRM). Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
in the NPRM. The Commission will send a copy of the NPRM, including 
this IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). In addition, the NPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.

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

    45. In the NPRM, the Commission initiates this rulemaking 
proceeding to obtain comments from small and other entities regarding 
its proposal to update several of its rules to better reflect current 
application processing requirements, clarify and harmonize provisions, 
and remove references to outdated procedures and legacy filing systems. 
In the past three decades, the Bureau has transitioned from paper-
filing to electronic filing, and has

[[Page 13438]]

subsequently transitioned from its initial filing database to a new 
one. As a result, numerous rule sections still reference outdated terms 
from the Commission's legacy paper-filing processing procedures and 
discontinued databases, and are therefore incompatible with current 
electronic filing procedures.
    46. Specifically, the Commission seeks comment on the following 
proposed rule changes: (1) replacing references to the Bureau's legacy 
Consolidated Database System (CDBS) electronic filing system with 
references to the new Licensing and Management System (LMS) electronic 
filing system and conforming the rules to the current LMS designation 
for applications; (2) changing the table of assignments/allotments 
references to conform to existing language; (3) delegating authority to 
the Bureau to remove a ten application cap rule adopted for the 2021 
noncommercial educational (NCE) FM new station filing window, upon 
finality of the remaining NCE FM applications; (4) updating the AM 
station power increase rules to eliminate the requirement that stations 
request at least a 20% increase in nominal power and to reflect current 
station classifications and other administrative updates; (5) updating 
Incentive Auction rules to remove the obsolete post-incentive auction 
transition period language; (6) codifying and harmonizing the 
processing procedures for minor change low power FM (LPFM) applications 
with the current processing procedures for minor change full-service FM 
and FM translator applications; (7) defining the term ``authorized 
stations'' and codifying which applications an LPFM applicant must 
protect for purposes of the minimum distance separation requirements; 
(8) modifying the signature rule to expand the definition of who may 
sign a certification to include a ``duly authorized employee''; (9) 
codifying the current practice when applicants for new NCE FM, NCE TV, 
or LPFM construction permits must give local public notice of their 
applications; (10) removing language providing that an initial special 
temporary authorization (STA) necessitated by technical or equipment 
problems may only be granted for 90 days with a limited number of 90-
day extensions, rather than the full 180-day period permitted for other 
reasons; (11) modifying the application processing rules to remove and 
revise references to various application processing procedures that are 
now obsolete; (12) consolidating the rules for petitions to deny under 
a single rule section; and (13) revising the informal objection rule to 
require service upon the relevant applicant and objector, limit the 
number of responsive pleadings, and impose filing deadlines.

B. Legal Basis

    47. The proposed action is authorized pursuant to Sec. Sec.  1, 4, 
7, 301, 302, 303, 307, 308, 309, 310, 316, 319, 324, and 336 of the 
Communications Act, 47 U.S.C. 151, 154, 157, 301, 302, 303, 307, 308, 
309, 310, 316, 319, 324, and 336.

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

    48. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (1) is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the SBA. The rules 
proposed herein will directly affect small television and radio 
broadcast stations. Below, we provide a description of these small 
entities, as well as an estimate of the number of such small entities, 
where feasible.
    49. Radio Stations. This industry is comprised of ``establishments 
primarily engaged in broadcasting aural programs by radio to the 
public.'' Programming may originate in their own studio, from an 
affiliated network, or from external sources. The SBA small business 
size standard for this industry classifies firms having $47 million or 
less in annual receipts as small. U.S. Census Bureau data for 2017 show 
that 2,963 firms operated in this industry during that year. Of this 
number, 1,879 firms operated with revenue of less than $25 million per 
year. Based on this data and the SBA's small business size standard, we 
estimate a majority of such entities are small entities.
    50. The Commission estimates that as of September 30, 2024, there 
were 4,400 licensed commercial AM radio stations and 6,618 licensed 
commercial FM radio stations, for a combined total of 11,018 commercial 
radio stations. Of this total, 11,017 stations (or 99.99%) had revenues 
of $47 million or less in 2023, according to Commission staff review of 
the BIA Kelsey Inc. Media Access Pro Database (BIA) on October 15, 
2024, and therefore these licensees qualify as small entities under the 
SBA definition. In addition, the Commission estimates that as of 
September 30, 2024, there were 4,377 licensed noncommercial (NCE) FM 
radio stations, 1,967 low power FM (LPFM) stations, and 8,894 FM 
translators and boosters. The Commission however does not compile, and 
otherwise does not have access to financial information for these radio 
stations that would permit it to determine how many of these stations 
qualify as small entities under the SBA small business size standard. 
Nevertheless, given the SBA's large annual receipts threshold for this 
industry and the nature of radio station licensees, we presume that all 
of these entities qualify as small entities under the above SBA small 
business size standard.
    51. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. We are unable at 
this time to define or quantify the criteria that would establish 
whether a specific radio or television broadcast station is dominant in 
its field of operation. Accordingly, the estimate of small businesses 
to which the rules may apply does not exclude any radio or television 
station from the definition of a small business on this basis and is 
therefore possibly over-inclusive. An additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. Because it is difficult to assess 
these criteria in the context of media entities, the estimate of small 
businesses to which the rules may apply does not exclude any radio or 
television station from the definition of a small business on this 
basis and similarly may be over-inclusive.
    52. Television Broadcasting. This industry is comprised of 
``establishments primarily engaged in broadcasting images together with 
sound.'' These establishments operate television broadcast studios and 
facilities for the programming and transmission of programs to the 
public. These establishments also produce or transmit visual 
programming to affiliated broadcast television stations,

[[Page 13439]]

which in turn broadcast the programs to the public on a predetermined 
schedule. Programming may originate in their own studio, from an 
affiliated network, or from external sources. The SBA small business 
size standard for this industry classifies businesses having $47 
million or less in annual receipts as small. 2017 U.S. Census Bureau 
data indicate that 744 firms in this industry operated for the entire 
year. Of that number, 657 firms had revenue of less than $25 million 
per year. Based on this data we estimate that the majority of 
television broadcasters are small entities under the SBA small business 
size standard.
    53. As of September 30, 2024, there were 1,384 licensed commercial 
television stations. Of this total, 1,307 stations (or 94.4%) had 
revenues of $47 million or less in 2023, according to Commission staff 
review of the BIA Kelsey Inc. Media Access Pro Television Database 
(BIA) on October 15, 2024, and therefore these licensees qualify as 
small entities under the SBA definition. In addition, the Commission 
estimates as of September 30, 2024, there were 382 licensed 
noncommercial educational (NCE) television stations, 379 Class A TV 
stations, 1,812 LPTV stations and 3,092 TV translator stations. The 
Commission, however, does not compile and otherwise does not have 
access to financial information for these television broadcast stations 
that would permit it to determine how many of these stations qualify as 
small entities under the SBA small business size standard. 
Nevertheless, given the SBA's large annual receipts threshold for this 
industry and the nature of these television station licensees, we 
presume that all of these entities qualify as small entities under the 
above SBA small business size standard.

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

    54. The NPRM proposes to amend existing rules to better reflect 
current application processing requirements, clarify and harmonize 
provisions, and remove references to outdated procedures and legacy 
filing systems. Some of these rule changes may require new or modified 
reporting, recordkeeping, or compliance obligations for small and other 
broadcasters, as detailed below.
    55. The proposed rules will eliminate the requirement that an AM 
station requesting to increase power must propose at least a 20% 
increase in the station's nominal power. This change will provide 
small, AM broadcasters greater flexibility and allow for new 
opportunities for stations to optimize their operations. The NPRM also 
proposes to codify the processing procedures for LPFM minor 
modification applications, thereby creating consistency in the language 
in the rules on how these modifications are processed across different 
FM classes. The proposed rules also revise the minimum distance 
separation requirements for new and modified LPFM applications to 
explain which applications must be protected, define ``authorized 
station,'' and clarify that a public notice that just announces the 
filing window dates will not serve to terminate protection requirements 
for prior-filed applications. The NPRM further defines the acceptance 
public notice, which triggers the local public notice obligations for 
applicants for new NCE FM, NCE TV, or LPFM construction permits, many 
of whom are small entities. The proposed rules also removes language 
providing that an initial STA required by technical or equipment 
problems may only be granted for 90 days with a limited number of 90-
day extensions, rather than the full 180-day period, which would ease 
the regulatory burden on small entities.
    56. In addition, the NPRM proposes to expand the definition of who 
may sign a certification beyond an officer of the corporation, a 
partner in the partnership, or a member who is an officer of the 
unincorporated association, to include a ``duly authorized employee,'' 
similar to rules used by other bureaus and offices that allow for 
directors and authorized employees to sign applications and amendments 
for the organization. The rules also propose to revise the informal 
objection rule, requiring that informal objections be served upon the 
applicant as well as limiting the number of pleadings that may be filed 
in response to an informal objection to one objection and one reply. 
The proposed service requirement would result in a small paperwork 
obligation for small and other entities. The minimal burden would be 
offset by the benefit of promoting a more efficient resolution of 
contested proceedings. In the case of an informal objection against an 
application for renewal of license, an opposition must be filed within 
30 days after the informal objection is filed, and replies would be due 
within 20 days after the opposition is due or within 20 days after the 
opposition is filed, whichever occurs later. For all other pleadings, 
the NPRM proposes that an opposition must be filed by the applicant 
within 10 days after the informal objection is filed and a reply filed 
by the objector within five days after the opposition is due or within 
five days after the opposition is filed, whichever occurs later.
    57. We believe these revisions will make the rules more transparent 
and accessible to small entities and thus reduce the need for 
professional services such as expert engineering or legal assistance 
with compliance and reporting requirements. We anticipate the 
information we receive in comments, including where requested, cost and 
benefit analyses, will help the Commission identify and evaluate 
relevant compliance issues impacting small entities, including costs to 
hire professionals to comply with these rules, and other burdens that 
may result from the proposed revisions in the NPRM.

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

    58. The RFA requires an agency to describe any alternatives that 
could minimize impacts to small entities that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rule for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.''
    59. In the NPRM, the Commission considered alternatives such as 
retaining the existing rules, while amending other related rules to 
further improve the accuracy of the Code of Federal Regulations, many 
of which may minimize the impact of the regulations on small 
broadcasters. For example, in proposing to revise the signature rule, 
we considered whether to permit a ``duly authorized employee'' to sign 
for the corporation, partnership or unincorporated association, or, in 
the alternative, to maintain our current rules requiring officers, 
partners, or members who are officers to sign, which often results in 
application dismissals. We also considered whether we should limit this 
to specific employees, and how this decision, if adopted, might impact 
small broadcasters that may not be represented by counsel. In 
considering the proposed revisions to the informal objection rule, we 
seek comment on whether we should adopt

[[Page 13440]]

longer times to respond to pleadings than proposed, which may provide 
flexibility for small entities.
    60. The Commission seeks comment on whether any of the burdens 
associated the filing, recordkeeping and reporting requirements 
described in the NPRM can be minimized for small entities. The 
Commission is open to considering alternatives to the rules proposed in 
the NPRM, including but not limited to alternatives that will minimize 
significant economic burdens on small and other broadcasters.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    61. None.

V. Ordering Clauses

    62. Accordingly, it is ordered that, pursuant to the authority 
found in sections 1, 4, 7, 301, 302, 303, 307, 308, 309, 310, 316, 319, 
324, and 336 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154, 157, 301, 302, 303, 307, 308, 309, 310, 316, 319, 324, and 
336 this Notice of Proposed Rulemaking is adopted.
    63. It is further ordered that the Commission's Office of the 
Secretary shall send a copy of this Notice of Proposed Rulemaking, 
including the Initial Regulatory Flexibility Act Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Administrative Practice and Procedure, Radio, Reporting and 
recordkeeping requirements, Television.

47 CFR Parts 73 and 74

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Television.

47 CFR Part 76

    Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 73, 74, and 
76 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 
U.S.C. 1754, unless otherwise noted.
0
2. Amend Sec.  1.401 by revising paragraph (d) to read as follows:


Sec.  1.401  Petitions for rulemaking.

* * * * *
    (d) Petitions for amendment of the Table of FM Allotments (Sec.  
73.202 of this chapter) or the Table of TV Allotments (Sec.  73.606) 
shall be served by petitioner on any Commission licensee or permittee 
whose channel assignment would be changed by grant of the petition. The 
petition shall be accompanied by a certificate of service on such 
licensees or permittees. Petitions to amend the Table of FM Allotments 
must be accompanied by the appropriate construction permit application 
and payment of the appropriate application filing fee.
* * * * *
0
3. Revise Sec.  1.403 to read as follows:


Sec.  1.403  Notice and availability.

    All petitions for rulemaking (other than petitions to amend the 
Table of FM Allotments, Table of TV Allotments, and Air-Ground Table of 
Assignments) meeting the requirements of Sec.  1.401 will be given a 
file number and, promptly thereafter, a ``Public Notice'' will be 
issued (by means of a Commission release entitled ``Petitions for Rule 
Making Filed'') as to the petition, file number, nature of the 
proposal, and date of filing. Petitions for rulemaking are available 
through the Commission's Reference Information Center at the FCC's main 
office, and electronically at https://www.fcc.gov.
0
4. Amend Sec.  1.420 by:
0
a. Revising the section heading, and paragraphs (a), and (b);
0
b. Redesignating the Note to paragraph (g) as Note 1 to paragraph (g);
0
c. Redesignating Note 1 to paragraph (h) as Note 2 to paragraph (h);
0
d. Revising paragraph (j) introductory text, and the note at the end of 
the section.
    The revisions read as follows:


Sec.  1.420  Additional procedures in proceedings for amendment of the 
Table of FM Allotments, the Table of TV Allotments, or for amendment of 
certain FM assignments.

    (a) Comments filed in proceedings for amendment of the Table of FM 
Allotments (Sec.  73.202 of this chapter) or the Table of TV Allotments 
(Sec.  73.622(j) of this chapter) which are initiated on a petition for 
rule making shall be served on petitioner by the person who files the 
comments.
    (b) Reply comments filed in proceedings for amendment of the Table 
of FM Allotments or the Table of TV Allotments shall be served on the 
person(s) who filed the comments to which the reply is directed.
* * * * *
    (j) Whenever an expression of interest in applying for, 
constructing, and operating a station has been filed in a proceeding to 
amend the Table of FM Allotments or the Table of TV Allotments, and the 
filing party seeks to dismiss or withdraw the expression of interest, 
either unilaterally or in exchange for financial consideration, that 
party must file with the Commission a request for approval of the 
dismissal or withdrawal, a copy of any written agreement related to the 
dismissal or withdrawal, and an affidavit setting forth:
* * * * *
    Note 3 to Sec.  1.420: The reclassification of a Class C station in 
accordance with the procedure set forth in Note 4 to Sec.  73.3573 may 
be initiated through the filing of an original petition for amendment 
of the Table of FM Allotments. The Commission will notify the affected 
Class C station licensee of the proposed reclassification by issuing a 
notice of proposed rulemaking, except that where a triggering petition 
proposes an amendment or amendments to the Table of FM Allotments in 
addition to the proposed reclassification, the Commission will issue an 
order to show cause as set forth in Note 4 to Sec.  73.3573, and a 
notice of proposed rule making will be issued only after the 
reclassification issue is resolved. Triggering petitions will be 
dismissed upon the filing, rather than the grant, of an acceptable 
construction permit application to increase antenna height to at least 
451 meters HAAT by a subject Class C station.
0
5. Amend Sec.  1.5000 by revising the third sentence of paragraph (b) 
to read as follows:


Sec.  1.5000  Citizenship and filing requirements under section 310(b) 
of the Communications Act of 1934, as amended.

* * * * *
    (b) * * * Petitions for declaratory ruling required by paragraph 
(a) of this section involving broadcast stations only shall be filed 
electronically on the internet through the Media Bureau's Licensing and 
Management System (LMS) or any successor system thereto when submitted 
to the Commission as part of an application for a construction permit, 
assignment, or transfer of control of a broadcast license; if there is 
no associated construction permit, assignment or transfer of control 
application, petitions for declaratory ruling should be filed with the 
Office of

[[Page 13441]]

the Secretary via the Commission's Electronic Comment Filing System 
(ECFS).
* * * * *
0
6. Amend Sec.  1.5004 by revising the third sentence of paragraph 
(d)(2) to read as follows:


Sec.  1.5004  Routine terms and conditions.

* * * * *
    (d) * * *
    (2) * * * The letter must also reference the licensee's foreign 
ownership ruling(s) by ICFS File No. and FCC Record citation, if 
available; or, if a broadcast licensee, the letter must reference the 
licensee's foreign ownership ruling(s) by LMS File No., Docket No., 
call sign(s), facility identification number(s), and FCC Record 
citation, if available. * * *
* * * * *
0
7. Amend Sec.  1.30001 by revising paragraph (d) to read as follows:


Sec.  1.30001  Definitions.

* * * * *
    (d) Distance from the AM station. The distance shall be calculated 
from the tower coordinates in the case of a nondirectional AM station, 
or from the array center coordinates given in LMS or any successor 
database for a directional AM station.
0
8. Amend Sec.  1.30004 by revising the second sentence of paragraph (a) 
to read as follows:


Sec.  1.30004  Notice of tower construction or modification near AM 
stations.

    (a) * * * Notice shall be provided to any AM station that is 
licensed or operating under Program Test Authority using the official 
licensee information and address listed in LMS or any successor 
database. * * *
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
9. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.
0
10. Amend Sec.  73.30 by revising paragraph (c) and redesignating notes 
1 through 5 as notes 1 through 5 to Sec.  73.30.
    The revision reads as follows:


Sec.  73.30  Petition for authorization of an allotment in the 1605-
1705 kHz band.

* * * * *
    (c) If awarded an allotment, a petitioner will have sixty (60) days 
from the date of public notice of selection to file an application for 
construction permit on FCC Form 2100, Schedule 301. (See Sec. Sec.  
73.24 and 73.37(e) for filing requirements). Unless instructed by the 
Commission to do otherwise, the application shall specify Model I 
facilities. (See Sec.  73.14). Upon grant of the application and 
subsequent construction of the authorized facility, the applicant must 
file a license application on FCC Form 2100, Schedule 302.
* * * * *
0
11. Amend Sec.  73.37 by revising paragraph (c) to read as follows:


Sec.  73.37  Applications for broadcast facilities, showing required.

* * * * *
    (c) If otherwise consistent with the public interest, an 
application requesting an increase in the daytime power of an existing 
Class C station on a local channel from 250 watts to a maximum of 1kW, 
or from 100 watts to a maximum of 500 watts, may be granted 
notwithstanding overlap prohibited by paragraph (a) of this section. In 
the case of a 100 watt Class C station increasing daytime power, the 
provisions of this paragraph shall not be construed to permit an 
increase in power to more than 500 watts, if prohibited overlap would 
be involved, even if successive applications should be filed.
* * * * *
0
12. Amend Sec.  73.45 by revising paragraph (d)(1) to read as follows:


Sec.  73.45  AM antenna systems.

* * * * *
    (d) * * *
    (1) Whenever the measurements show that the antenna or common point 
resistance differs from that shown on the station authorization by more 
than 2%, FCC Form 2100, Schedule 302 must be filed with the information 
and measurement data specified in Sec.  73.54(d).
* * * * *
0
13. Amend Sec.  73.51 by revising paragraph (c) introductory text to 
read as follows:


Sec.  73.51  Determining operating power.

* * * * *
    (c) Applications for authority to operate with antenna input power 
which is less than nominal power and/or to employ a dissipative network 
in the antenna system shall be made on FCC Form 2100, Schedule 302. The 
technical information supplied on section II-A of this form shall be 
that applying to the proposed conditions of operation. In addition, the 
following information shall be furnished, as pertinent:
* * * * *
0
14. Amend Sec.  73.202 by revising the third sentence of paragraph (a) 
introductory text to read as follows:


Sec.  73.202  Table of Allotments.

    (a) * * * Channels to which licensed, permitted, and ``reserved'' 
facilities have been assigned are reflected in the Media Bureau's 
publicly available Licensing and Management System.
* * * * *
0
15. Amend Sec.  73.311 by revising paragraph (a) to read as follows:


Sec.  73.311  Field strength contours.

    (a) Applications for FM broadcast authorizations must show the 
field strength contours required by FCC Form 2100, Schedule 301 or 340, 
as appropriate.
* * * * *
0
16. Amend Sec.  73.512 by revising paragraph (a) introductory text to 
read as follows:


Sec.  73.512  Special procedures applicable to Class D noncommercial 
educational stations.

    (a) All Class D stations seeking renewal of license for any term 
expiring June 1, 1980, or thereafter shall comply with the requirements 
set forth below and shall simultaneously file an application on FCC 
Form 2100, Schedule 340, containing full information regarding such 
compliance with the provisions set forth in paragraphs (a)(1) through 
(3) of this section.
* * * * *
0
17. Amend Sec.  73.625 by revising the second sentence of paragraph 
(c)(4)(i) to read as follows:


Sec.  73.625  TV antenna system.

* * * * *
    (c) * * *
    (4) * * *
    (i) * * * A formal application (FCC Form 2100, Schedule 301, or FCC 
Form 2100, Schedule 340 for a noncommercial educational station) will 
be required if the proposal involves substantial change in the physical 
height or radiation characteristics of the AM broadcast antennas; 
otherwise an informal application will be acceptable.
* * * * *
0
18. Amend Sec.  73.807 by:
0
a. Revising paragraph (a)(1) introductory text and designating the 
table as Table 1 to paragraph (a)(1);
0
b. Designating the table in paragraph (b) as Table 2 to paragraph (b);
0
c. Revising (c) introductory text and designating the table as Table 3 
to paragraph (c); and
0
d. Designating the table in paragraph (g)(1) as Table 4 to paragraph 
(g)(1) and

[[Page 13442]]

the table in paragraph (g)(2) as Table 5 to paragraph (g)(2).
    The revisions read as follows:


Sec.  73.807  Minimum distance separation between stations.

* * * * *
    (a) * * *
    (1) An LPFM station will not be authorized initially unless the 
minimum distance separations in the following table are met with 
respect to authorized FM stations, applications for new and existing FM 
stations filed prior to the release of the public notice announcing the 
filing procedures for the LPFM window period, authorized LPFM stations, 
LPFM station applications that were timely-filed within a previous 
window, and vacant FM allotments. The term authorized [FM or LPFM] 
station means the FM or LPFM station currently holds a granted 
construction permit and/or a granted license. LPFM modification 
applications must either meet the distance separations in the following 
table or, if short-spaced, not lessen the spacing to subsequently 
authorized stations.
* * * * *
    (c) In addition to meeting the separations specified in paragraphs 
(a) and (b) of this section, LPFM applications must meet the minimum 
separation requirements in the following table with respect to 
authorized FM translator stations, and FM translator applications filed 
prior to the release of the Public Notice announcing the filing 
procedures for the LPFM window period. The term authorized FM 
translator station means the FM translator station currently holds a 
granted construction permit and/or a granted license.
* * * * *
0
19. Amend Sec.  73.870 by revising paragraph (e) to read as follows:


Sec.  73.870  Processing of LPFM broadcast station applications.

* * * * *
    (e) Minor change LPFM applications must meet all technical and 
legal requirements applicable to new LPFM station applications. Such 
applications may be filed at any time, unless restricted by the staff, 
and generally, will be processed on a ``first come/first served'' 
basis, with the first acceptable application cutting off the filing 
rights of subsequent, competing applicants. The FCC will periodically 
release a Public Notice listing those applications accepted for filing. 
Applications received on the same day will be treated as simultaneously 
filed and, if they are found to be mutually exclusive, must be resolved 
through settlement or technical amendment. Conflicting applications 
received after the filing of the first acceptable application will be 
grouped, according to filing date, behind the lead application in the 
queue. The priority rights of the lead applicant, against all other 
applicants, are determined by the date of filing, but the filing date 
for subsequent conflicting applicants only reserves a place in the 
queue. The right of an applicant in a queue ripens only upon a final 
determination that the lead applicant is unacceptable and that the 
queue member is reached and found acceptable. The queue will remain 
behind the lead applicant until the construction permit is finally 
granted, at which time the queue dissolves.
* * * * *
0
20. Amend Sec.  73.872 by revising paragraphs (a) and (b)(1) to read as 
follows:


Sec.  73.872  Selection procedure for mutually exclusive LPFM 
applications.

    (a) Following the close of each window for new LPFM stations and 
for modifications in the facilities of authorized LPFM stations, the 
Commission will issue a public notice identifying all groups of 
mutually exclusive applications. Such applications will be awarded 
points to determine the tentative selectee. Unless resolved by 
settlement pursuant to paragraph (e) of this section, the tentative 
selectee will be the applicant within each group with the highest point 
total under the procedure set forth in this section, except as provided 
in paragraphs (c) and (d) of this section. Acceptance for filing of a 
tentative selectee's application in the LPFM Mutually Exclusive 
Tentative Selectee Order or Public Notice, or an equivalent Order, 
triggers the applicant's local public notice obligation under Sec.  
73.3580.
* * * * *
    (b) * * *
    (1) Established community presence. An applicant must, for a period 
of at least two years prior to application and at all times thereafter, 
have qualified as local pursuant to Sec.  73.853(b). Applicants 
claiming a point for this criterion must submit any documentation 
specified in FCC Form 2100, Schedule 318 at the time of filing their 
applications.
* * * * *
0
21. Amend Sec.  73.875 by revising paragraph (b) introductory text and 
the second sentence of paragraph (c) introductory text to read as 
follows:


Sec.  73.875  Modification of transmission systems.

* * * * *
    (b) The following changes may be made only after the grant of a 
construction permit application on FCC Form 2100, Schedule 318.
* * * * *
    (c) * * * A modification of license application (FCC Form 2100, 
Schedule 319) must be submitted to the Commission within 10 days of 
commencing program test operations pursuant to Sec.  73.1620. * * *
* * * * *
0
22. Amend Sec.  73.1020 by revising paragraph (b) to read as follows:


Sec.  73.1020  Station license period.

* * * * *
    (b) For the deadline for filing petitions to deny renewal 
applications, see Sec.  73.3584(f).
* * * * *
0
23. Amend Sec.  73.1635 by revising paragraph (a)(4) to read as 
follows:


Sec.  73.1635  Special temporary authorizations (STA).

    (a) * * *
    (4) An STA may be granted for an initial period not to exceed 180 
days. A limited number of extensions of such authorizations may be 
granted for additional periods not exceeding 180 days per extension. 
The permittee or licensee must demonstrate that any further extensions 
requested are necessary and that all steps to resume normal operation 
are being undertaken in an expeditious and timely fashion. The license 
of a broadcasting station that fails to transmit broadcast signals for 
any consecutive 12-month period expires as a matter of law at the end 
of that period, notwithstanding any STA or provision, term, or 
condition of the license to the contrary.
* * * * *
0
24. Amend Sec.  73.1670 by revising paragraph (b) to read as follows:


Sec.  73.1670  Auxiliary transmitters.

* * * * *
    (b) Authorization to install an auxiliary transmitter for use with 
other than the main antenna or authorized auxiliary antenna must be 
obtained by filing an application for a construction permit on FCC Form 
2100, Schedule 301 (FCC Form 2100, Schedule 340 for noncommercial 
educational stations).
* * * * *
0
25. Amend Sec.  73.1690 by revising the first sentence of paragraph 
(c)(9) to read as follows:


Sec.  73.1690  Modification of transmission systems.

* * * * *
    (c) * * *

[[Page 13443]]

    (9) The licensee of an AM, FM, or TV commercial station may propose 
to change from commercial to noncommercial educational on a 
modification of license application, provided that the application 
contains the completed Eligibility Certifications and Financial 
sections from FCC Form 2100, Schedule 340. * * *
* * * * *
0
26. Amend Sec.  73.3513 by revising paragraph (a)(3) and adding 
paragraph (e) to read as follows:


Sec.  73.3513  Signing of applications.

    (a) * * *
    (3) Corporation. An officer, director, or duly authorized employee, 
if the applicant is a corporation.
* * * * *
    (e) The Commission only accepts electronic applications. An 
electronic application is ``signed'' when there is an electronic 
signature. An electronic signature is the typed name of the person 
``signing'' the application, which is then electronically transmitted 
via LMS.


Sec.  73.3516  [Amended]

0
27. Amend Sec.  73.3516 by removing paragraph (e).


Sec.  73.3522  [Amended]

0
28. Amend Sec.  73.3522 by removing the note 1:
0
29. Amend Sec.  73.3526 by revising paragraphs (e)(2) and (4), 
redesignating paragraphs (e)(18)(1) and (2) as paragraphs (e)(18)(i) 
and (ii), and revising paragraphs (f)(1) and (2).
    The revisions read as follows:


Sec.  73.3526  Online public inspection file of commercial stations.

* * * * *
    (e) * * *
    (2) Applications and related materials. A copy of any application 
filed with the FCC, together with all related material, and copies of 
Initial Decisions and Final Decisions in hearing cases pertaining 
thereto. If petitions to deny are filed against the application and 
have been served on the applicant, a statement that such a petition has 
been filed shall be maintained in the file together with the name and 
address of the party filing the petition. Applications shall be 
retained in the public inspection file until final action has been 
taken on the application, except that applications for a new 
construction permit granted pursuant to a waiver showing and 
applications for assignment or transfer of license granted pursuant to 
a waiver showing shall be retained for as long as the waiver is in 
effect. In addition, license renewal applications granted on a short-
term basis shall be retained until final action has been taken on the 
license renewal application filed immediately following the shortened 
license term.
* * * * *
    (4) Contour maps. A copy of any service contour maps, submitted 
with any application filed with the FCC, together with any other 
information in the application showing service contours and/or 
transmitter location (State, county, city, street address, or other 
identifying information). These documents shall be retained for as long 
as they reflect current, accurate information regarding the station.
* * * * *
    (f) * * *
    (1) For purposes of this section, action taken on an application 
filed with the FCC becomes final when that action is no longer subject 
to reconsideration, review, or appeal either at the FCC or in the 
courts.
    (2) For purposes of this section, the term ``all related material'' 
includes all exhibits, letters, and other documents filed with the FCC 
as part of an application, report, or other document, all amendments to 
the application, report, or other document, copies of all documents 
incorporated therein by reference and not already maintained in the 
public inspection file, and all correspondence between the FCC and the 
applicant pertaining to the application, report, or other document, 
which according to the provisions of Sec. Sec.  0.451 through 0.461 of 
this chapter are open for public inspection at the offices of the FCC.
0
30. Amend Sec.  73.3527 by revising paragraphs (e)(2) and (3) and 
(f)(1) and (2) to read as follows:


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

* * * * *
    (e) * * *
    (2) Applications and related materials. A copy of any application 
filed with the FCC, together with all related material, including 
supporting documentation of any points claimed in the application 
pursuant to Sec.  73.7003, and copies of FCC decisions pertaining 
thereto. If petitions to deny are filed against the application and 
have been served on the applicant, a statement that such a petition has 
been filed shall be maintained in the file together with the name and 
address of the party filing the petition. Applications shall be 
retained in the public inspection file until final action has been 
taken on the application, except that applications for a new 
construction permit granted pursuant to a waiver showing and 
applications for assignment or transfer of license granted pursuant to 
a waiver showing shall be retained for as long as the waiver is in 
effect. In addition, license renewal applications granted on a short-
term basis shall be retained until final action has been taken on the 
license renewal application filed immediately following the shortened 
license term.
    (3) Contour maps. A copy of any service contour maps, submitted 
with any application filed with the FCC, together with any other 
information in the application showing service contours and/or 
transmitter location (State, county, city, street address, or other 
identifying information). These documents shall be retained for as long 
as they reflect current, accurate information regarding the station.
* * * * *
    (f) * * *
    (1) For purposes of this section, a decision made with respect to 
an application filed with the FCC becomes final when that decision is 
no longer subject to reconsideration, review, or appeal either at the 
FCC or in the courts.
    (2) For purposes of this section, the term ``all related material'' 
includes all exhibits, letters, and other documents filed with the FCC 
as part of an application, report, or other document, all amendments to 
the application, report, or other document, copies of all documents 
incorporated therein by reference and not already maintained in the 
public inspection file, and all correspondence between the FCC and the 
applicant pertaining to the application, report, or other document, 
which according to the provisions of Sec. Sec.  0.451 through 0.461 of 
this chapter are open for public inspection at the offices of the FCC.
0
31. Amend Sec.  73.3564 by revising paragraphs (a)(1) and (3), (c), and 
(e) to read as follows:


Sec.  73.3564  Acceptance of applications.

    (a)(1) Applications are dated upon filing in LMS. Except for 
applications for minor modifications of facilities in the non-reserved 
FM band, as defined in Sec.  73.3573(a)(2), long form applications 
subject to the provisions of Sec.  73.5005 found to be complete or 
substantially complete are accepted for filing and are given file 
numbers. In the case of minor defects as to completeness, a deficiency 
letter will be issued and the applicant will be required to supply the 
missing or corrective information. Applications that are not 
substantially complete will not be considered and will be returned to 
the applicant.
* * * * *

[[Page 13444]]

    (3) Applications found not to meet minimum filing requirements will 
be returned to the applicant. Applications found to meet minimum filing 
requirements, but that contain deficiencies, shall be given an 
opportunity for corrective amendment pursuant to 73.3522. Applications 
found to be substantially complete and in accordance with the 
Commission's core legal and technical requirements will be accepted for 
filing. Applications with uncorrected defects remaining after the 
opportunity for corrective amendment will be dismissed with no further 
opportunity for amendment.
* * * * *
    (c) At regular intervals, the FCC will issue a Public Notice 
listing all long form applications which have been accepted for filing. 
Pursuant to Sec. Sec.  73.3571(h), 73.3572, and 73.3573(f), such notice 
shall establish a cut-off date for the filing of petitions to deny. 
However, no application will be accepted for filing unless 
certification of compliance with the local notice requirements of Sec.  
73.3580(h) has been made in the tendered application.
* * * * *
    (e) Applications for minor modification of facilities may be filed 
at any time, unless restricted by the FCC. These applications will be 
processed on a ``first come/first served'' basis and will be treated as 
simultaneously filed if filed on the same day. Any applications 
received after the filing of a lead application will be grouped 
according to filing date, and placed in a queue behind the lead 
applicant. The FCC will periodically release a Public Notice listing 
those minor modification of facilities applications accepted for 
filing.
* * * * *
0
32. Amend Sec.  73.3571 by:
0
a. Revising paragraph (e);
0
b. Adding paragraph (h)(1)(ii)(D); and
0
c. Removing the note to Sec.  73.3571.
    The revision and addition read as follows:


Sec.  73.3571  Processing of AM broadcast station applications.

* * * * *
    (e) The following special procedures will be followed in 
authorizing Class D daytime-only stations on 940 and 1550 kHz, and 
Class D daytime-only stations on the 41 regional channels listed in 
Sec.  73.26(a), to operate unlimited-time.
    (1) Each eligible daytime-only station in the foregoing categories 
will receive an Order to Show Cause why its license should not be 
modified to specify operation during nighttime hours with the 
facilities it is licensed to start using at local sunrise, using the 
power stated in the Order to Show Cause, that the Commission finds is 
the highest nighttime level--not exceeding 0.5 kW--at which the station 
could operate without causing prohibited interference to other domestic 
or foreign stations, or to co-channel or adjacent channel stations for 
which pending applications were filed before December 1, 1987.
    (2) Stations accepting such modification shall be reclassified. 
Those authorized in such Show Cause Orders to operate during nighttime 
hours with a power of 0.25 kW or more, or with a power that, although 
less than 0.25 kW, is sufficient to enable them to attain an equivalent 
RMS field strength of at least 107.5 mV/m at 1 kilometer, shall be 
redesignated as Class B stations if they are assigned to 940 or 1550 
kHz, and as unlimited-time Class B stations if they are assigned to 
regional channels.
    (3) Stations accepting such modification that are authorized to 
operate during nighttime hours at powers less than 0.25 kW, and that 
cannot with such powers attain an equivalent RMS field strength of less 
than 107.5 mV/m at 1 kilometer, shall be redesignated as Class D 
stations if they are assigned to 940 or 1550 kHz, and as Class D 
stations if they are assigned to regional channels.
    (4) Applications for new stations may be filed at any time on 940 
and 1550 kHz and on the regional channels. Also, stations assigned to 
940 or 1550 kHz, or to the regional channels, may at any time, 
regardless of their classifications, apply for power increases up to 
the maximum generally permitted. Such applications for new or changed 
facilities will be granted without taking into account interference 
caused to Class D stations, but will be required to show interference 
protection to other classes of stations, including stations that were 
previously classified as Class D, but were later reclassified as Class 
B unlimited-time stations.
* * * * *
    (h) * * *
    (1) * * *
    (ii) * * *
    (D) For purposes of this paragraph (h)(1)(ii), Sec.  73.182(k) 
interference standards apply when determining nighttime mutual 
exclusivity between applications to provide AM service that are filed 
in the same window. Two applications would be deemed to be mutually 
exclusive if either application would be subject to dismissal because 
it would enter into, i.e., raise, the twenty-five percent exclusion RSS 
nighttime limit of the other.
* * * * *
0
33. Amend Sec.  73.3573 by revising paragraph (f)(1) and note 4 to read 
as follows:


Sec.  73.3573  Processing FM broadcast station applications.

* * * * *
    (f) * * *
    (1) Applications for minor modifications for non-reserved FM 
broadcast stations, as defined in paragraph (a)(2) of this section, may 
be filed at any time, unless restricted by the FCC, and, generally, 
will be processed in the order in which they are tendered. The FCC will 
periodically release a Public Notice listing those applications 
accepted for filing. Processing of these applications will be on a 
``first come/first serve'' basis with the first acceptable application 
cutting off the filing rights of subsequent applicants. All 
applications received on the same day will be treated as simultaneously 
filed and, if they are found to be mutually exclusive, must be resolved 
through settlement or technical amendment. Applications received after 
the filing of a lead application will be grouped, according to filing 
date, behind the lead application in a queue. The priority rights of 
the lead applicant, as against all other applicants, are determined by 
the date of filing, but the filing date for subsequent applicants for 
that channel and community only reserves a place in the queue. The 
rights of an applicant in a queue ripen only upon a final determination 
that the lead applicant is unacceptable and if the queue member is 
reached and found acceptable. The queue will remain behind the lead 
applicant until a construction permit is finally granted, at which time 
the queue dissolves.
* * * * *
    Note 4 to Sec.  73.3573: A Class C station operating with antenna 
height above average terrain (``HAAT'') of less than 451 meters is 
subject to reclassification as a Class C0 station upon the filing of a 
triggering application for construction permit that is short-spaced to 
such a Class C station under Sec.  73.207 but would be fully spaced to 
such a station considered as a Class C0 assignment. Triggering 
applications may utilize Sec.  73.215. Triggering applications must 
certify that no alternative channel is available for the proposed 
service. Available alternative frequencies are limited to frequencies 
that the proposed service could use at the specified antenna location 
in full compliance with the distance separation requirements of Sec.  
73.207, without any other changes to the Table of FM Allotments. Copies 
of a triggering application and related pleadings must

[[Page 13445]]

be served on the licensee of the affected Class C station. If the staff 
concludes that a triggering application is acceptable for filing, it 
will issue an order to show cause why the affected station should not 
be reclassified as a Class C0 station The order to show cause will 
provide the licensee 30 days to express in writing an intention to seek 
authority to modify the subject station's technical facilities to 
minimum Class C HAAT or to otherwise challenge the triggering 
application. If no such intention is expressed and the triggering 
application is not challenged, the subject station will be reclassified 
as a Class C0 station, and processing of the triggering application 
will be completed. If an intention to modify is expressed, an 
additional 180-day period will be provided during which the Class C 
station licensee must file an acceptable construction permit 
application to increase antenna height to at least 451 meters HAAT. 
Upon grant of such a construction permit application, the triggering 
application will be dismissed. Class C station licensees must serve on 
triggering applicants copies of any FAA submissions related to the 
application grant process. If the construction is not completed as 
authorized, the subject Class C station will be reclassified 
automatically as a Class C0 station. The reclassification procedure 
also may be initiated through the filing of an original petition for 
rulemaking to amend the Table of FM Allotments as set forth in the Note 
to Sec.  1.420(g).
* * * * *
0
34. Amend Sec.  73.3578 by revising paragraph (a) to read as follows:


Sec.  73.3578  Amendments to applications for renewal, assignment or 
transfer of control.

    (a) Any amendments to an application for renewal of any instrument 
of authorization shall be considered to be a minor amendment. However, 
the FCC may, within 15 days after filing of any amendment, advise the 
applicant that the amendment is considered to be a major amendment and 
therefore is subject to the provisions of Sec.  73.3580.
* * * * *
0
35. Amend Sec.  73.3580 by revising paragraphs (a)(1) and (d)(2) to 
read as follows:


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

    (a) * * *
    (1) Acceptance public notice. A Commission or Bureau public notice 
announcing that an application has been accepted for filing, or an 
equivalent Order accepting for filing applications from a filing window 
under Sec.  73.7002, Sec.  73.7003 or Sec.  73.872.
* * * * *
    (d) * * *
    (2) Consent to an involuntary assignment or transfer or to a 
voluntary assignment or transfer which does not result in a change of 
control and which may be applied for on FCC Form 2100, Schedule 316, or 
any successor form released in the future, pursuant to the provisions 
of Sec.  73.3540(b).
* * * * *
0
36. Amend Sec.  73.3584 by revising paragraphs (a) and (c) and adding 
paragraph (f) to read as follows:


Sec.  73.3584  Procedure for filing petitions to deny.

    (a) For mutually exclusive applications subject to selection by 
competitive bidding (non-reserved channels) or fair distribution/point 
system (reserved channels), petitions to deny may be filed only against 
the winning bidders or tentative selectee(s), and such petitions will 
be governed by Sec. Sec.  73.5006 and 73.7004, respectively. For all 
other applications the following rules will govern. Except in the case 
of applications for new low power TV and TV translator stations, for 
major changes in the existing facilities of such stations, or for 
applications for a change in output channel tendered by displaced low 
power TV and TV translator stations pursuant to Sec.  73.3572(a)(1), 
any party in interest may file with the Commission a Petition to Deny 
any application (whether as originally filed or if amended so as to 
require a new file number pursuant to Sec.  73.3571(j), Sec.  
73.3572(b), Sec.  73.3573(b), Sec.  73.3574(b) or Sec.  73.3578) for 
which local notice pursuant to Sec.  73.3580 is required, provided such 
petitions are filed prior to the day such applications are granted or 
designated for hearing; but where the FCC issues a public notice 
pursuant to the provisions of Sec.  73.3571(c), Sec.  73.3572(c) or 
Sec.  73.3573(d), establishing a ``cut-off'' date, such petitions must 
be filed by the date specified. In the case of applications for 
transfers and assignments of construction permits or station licenses, 
Petitions to Deny must be filed not later than 30 days after issuance 
of a public notice of the acceptance for filing of the applications. In 
the case of applications for renewal of license, Petitions to Deny may 
be filed at any time up to the deadline established in paragraph (f) of 
this section. Requests for extension of time to file Petitions to Deny 
applications for new broadcast stations or major changes in the 
facilities of existing stations or applications for renewal of license 
will not be granted unless all parties concerned, including the 
applicant, consent to such requests, or unless a compelling showing can 
be made that unusual circumstances make the filing of a timely petition 
impossible and the granting of an extension warranted.
* * * * *
    (c) In the case of applications for new low power TV and TV 
translator stations, for major changes in the existing facilities of 
such stations, or for applications for a change in output channel 
tendered by displaced low power TV and TV translator stations pursuant 
to Sec.  73.3572(a)(1), any party in interest may file with the FCC a 
Petition to Deny any application (whether as originally filed or if 
amended so as to require a new file number pursuant to Sec.  
73.3572(b)) for which local notice pursuant to Sec.  73.3580 is 
required, provided such petitions are filed within 30 days of the FCC 
Public Notice proposing the application for grant (applicants may file 
oppositions within 15 days after the Petition to Deny is filed); but 
where the FCC selects a tentative permittee pursuant to Section 1.1601 
et seq. of this chapter, Petitions to Deny shall be accepted only if 
directed against the tentative selectee and filed after issuance of and 
within 15 days of FCC Public Notice announcing the tentative selectee. 
The applicant may file an opposition within 15 days after the Petition 
to Deny is filed. In cases in which the minimum diversity preference 
provided for in Sec.  1.1623(f)(1) of this chapter has been applied, an 
``objection to diversity claim'' and opposition thereto, may be filed 
against any applicant receiving a diversity preference, within the same 
time period provided herein for Petitions and Oppositions. In all 
pleadings, allegations of fact or denials thereof shall be supported by 
appropriate certification. However, the FCC may announce, by the Public 
Notice announcing the acceptance of the last-filed mutually exclusive 
application, that a notice of Petition to Deny will be required to be 
filed no later than 30 days after issuance of the Public Notice.
* * * * *
    (f) A petition to deny an application for renewal of license of an 
existing broadcast station will be considered as timely filed if it is 
filed by the end of the first day of the last full calendar month of 
the expiring license term.
    (1) If the license renewal application is not timely filed as 
prescribed in Sec.  73.3539, the deadline for filing petitions to deny 
thereto is the 90th day after the FCC gives public notice that it has 
accepted the late-filed renewal application for filing.

[[Page 13446]]

    (2) If any deadline falls on a nonbusiness day, the cutoff shall be 
the close of business of the first full business day thereafter.
    (3) The dates when the licenses of all broadcast and broadcast 
auxiliary services regularly expire are listed in Sec. Sec.  73.733, 
73.1020 and 74.15.
0
37. Revise Sec.  73.3587 to read as follows:


Sec.  73.3587  Procedures for filing informal objections.

    Before FCC action on any application for an instrument of 
authorization, any person may file informal objections to the grant in 
LMS. Such objections may be submitted in letter form (without extra 
copies), shall include an email address for receiving electronic 
service, and shall be signed. The objector must serve a copy of the 
objection upon the applicant by mail to the mailing address or 
electronically to the email address provided in either the Applicant or 
Contact Representatives sections of the application. The limitation on 
pleadings in response to the informal objection and time for filing 
such responsive pleadings provided for in Sec.  1.45 of this chapter 
shall be applicable to any objections duly filed under this section, 
except that as to an informal objection against an application for 
renewal of license, an opposition thereto may be filed within 30 days 
after the informal objection is filed, and the party that filed the 
informal objection may reply to the opposition within 20 days after the 
opposition is due or within 20 days after the opposition is filed, 
whichever is longer. Responsive pleadings must be served by mail to the 
mailing address or electronically to the email address provided in the 
informal objection or application, as applicable.
0
38. Amend Sec.  73.3591 by revising paragraphs (b) introductory text 
and (b)(2) to read as follows:


Sec.  73.3591  Grants without hearing.

* * * * *
    (b) In making its determinations pursuant to the provisions of 
paragraph (a) of this section, the FCC will not consider any other 
application, or any application if amended so as to require a new file 
number, as being mutually exclusive or in conflict with the application 
under consideration unless such other application was substantially 
complete, and filed by:
* * * * *
    (2) The date prescribed in Sec.  73.3584(f) in the case of 
applications which are mutually exclusive with applications for renewal 
of license of broadcast stations; or
* * * * *
0
39. Amend Sec.  73.3597 by revising paragraph (b)(2) to read as 
follows:


Sec.  73.3597  Procedures on transfer and assignment applications.

* * * * *
    (b) * * *
    (2) In determining whether the station has been operating on-air 
for one year, the FCC will calculate the period between the date of 
initiation of program tests (as specified in paragraph (b)(1) of this 
section) and the date the application for transfer or assignment is 
filed with the FCC.
* * * * *
0
40. Amend Sec.  73.3700 by revising paragraph (b)(5)(iv) and removing 
and reserving paragraph (c).
    The revision reads as follows:


Sec.  73.3700  Post-incentive auction licensing and operation.

* * * * *
    (b) * * *
    (5) * * *
    (iv) Applications for additional time to complete construction must 
be filed electronically in LMS using FCC Form 337 no less than 90 days 
before the expiration of the construction permit.
* * * * *
0
41. Amend Sec.  73.3801 by revising paragraph (h)(4)(i) to read as 
follows:


Sec.  73.3801  Full power television simulcasting during the ATSC 3.0 
(Next Gen TV) transition.

* * * * *
    (h) * * *
    (4) * * *
    (i) Next Gen TV stations must provide notice at least 90 days in 
advance of relocating their ATSC 1.0 signals.
* * * * *
0
42. Amend Sec.  73.5002 by revising the second sentence of paragraph 
(b) to read as follows:


Sec.  73.5002  Application and certification procedures; return of 
mutually exclusive applications not subject to competitive bidding 
procedures; prohibition of collusion.

* * * * *
    (b) * * * So determinations of mutual exclusivity for auction 
purposes can be made, applicants for non-table broadcast services must 
also submit the engineering data contained in the appropriate FCC 
application FCC Form 2100, Schedule 301, 346, or 349).
* * * * *
0
43. Amend Sec.  73.6029 by revising paragraph (h)(4)(i) to read as 
follows:


Sec.  73.6029  Class A television simulcasting during the ATSC 3.0 
(Next Gen TV) transition.

* * * * *
    (h) * * *
    (4) * * *
    (i) Next Gen TV stations must provide notice at least 90 days in 
advance of relocating their ATSC 1.0 signals.
* * * * *
0
44. Amend Sec.  73.7002 by revising paragraph (b) to read as follows:


Sec.  73.7002  Fair distribution of service on reserved band FM 
channels.

* * * * *
    (b) In an analysis performed pursuant to paragraph (a) of this 
section, a full-service FM applicant that identifies itself as a Tribal 
Applicant, that proposes Tribal Coverage, and that proposes the first 
reserved channel NCE service owned by any Tribal Applicant at a 
community of license located on Tribal Lands, will be awarded a 
construction permit. If two or more full-service FM applicants identify 
themselves as Tribal Applicants and meet the above criteria, the 
applicant providing the most people with reserved channel NCE service 
to Tribal Lands will be awarded a construction permit, regardless of 
the magnitude of the superior service or the populations of the 
communities of license proposed, if different. If two or more full-
service FM applicants identifying themselves as Tribal Applicants each 
meet the above criteria and propose identical levels of NCE aural 
service to Tribal Lands, only those applicants shall proceed to be 
considered together in a point system analysis. In an analysis 
performed pursuant to paragraph (a) of this section that does not 
include a Tribal Applicant, a full service FM applicant that will 
provide the first or second reserved channel noncommercial educational 
(NCE) aural signal received by at least 10% of the population within 
the station's 60dBu (1mV/m) service contours will be considered to 
substantially further fair distribution of service goals and to be 
superior to mutually exclusive applicants not proposing that level of 
service, provided that such service to fewer than 2,000 people will be 
considered insignificant. First service to 2,000 or more people will be 
considered superior to second service to a population of any size. If 
only one applicant will provide such first or second service, that 
applicant will be selected as a threshold matter. If more than one 
applicant will provide an equivalent level (first or second) of NCE 
aural service, the size of the population to receive such service from 
the mutually exclusive applicants will be compared. The applicant 
providing the most people with the highest level of service will be 
awarded a construction permit, if it will provide such service to

[[Page 13447]]

5,000 or more people than the next best applicant. If none of the 
applicants in a mutually exclusive group would substantially further 
fair distribution goals, all applicants will proceed to examination 
under a point system. If two or more applicants will provide the same 
level of service to an equivalent number of people (differing by less 
than 5,000), only those equivalent applicants will be considered 
together in a point system. Acceptance for filing of a tentative 
selectee's application in a Threshold Fair Distribution of Service 
Order, or an equivalent Order, triggers the applicant's local public 
notice obligation under Sec.  73.3580.
* * * * *
0
45. Amend Sec.  73.7003 by revising paragraph (a) to read as follows:


Sec.  73.7003  Point system selection procedures.

    (a) If timely filed applications for reserved FM channels or 
reserved TV channels are determined to be mutually exclusive, 
applications will be processed and assessed points to determine the 
tentative selectee for the particular channels. The tentative selectee 
will be the applicant with the highest point total under the procedure 
set forth in this section and will be awarded the requested permit if 
the Commission determines that an award will serve the public interest, 
convenience, and necessity. Acceptance for filing of a tentative 
selectee's application in an NCE Comparative Points Order, or an 
equivalent Order, determined under this section triggers the 
applicant's local public notice obligation under Sec.  73.3580.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
46. The authority citation for part 74 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 
and 554.

0
47. Amend Sec.  74.782 by revising paragraph (i)(4)(i) to read as 
follows:


Sec.  74.782  Low power television and TV translator simulcasting 
during the ATSC 3.0 (Next Gen TV) transition.

* * * * *
    (i) * * *
    (4) * * *
    (i) Next Gen TV stations must provide notice at least 90 days in 
advance of relocating their ATSC 1.0 signals.
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
48. The authority citation for part 76 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 335, 338, 339, 340, 341, 
503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 
548, 549, 552, 554, 556, 558, 560, 561, 562, 571, 572, 573.

0
49. Amend Sec.  76.66 by revising paragraph (d)(2)(ii) to read as 
follows:


Sec.  76.66  Satellite broadcast signal carriage.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Except as provided in this paragraph (d)(2)(ii), satellite 
carriers shall transmit the notices required by paragraph (d)(2)(i) of 
this section via certified mail to the address for such television 
station licensee listed in the Licensing and Management System 
maintained by the Commission. After July 31, 2020, the written notices 
required by paragraphs (d)(1)(vi), (d)(2)(i), (v), and (vi), 
(d)(3)(iv), (d)(5)(i), (f)(3) and (4), and (h)(5) of this section shall 
be delivered electronically via email to the email address for 
carriage-related questions that the station lists in its public file in 
accordance with Sec. Sec.  73.3526 and 73.3527 of this subchapter.
* * * * *
[FR Doc. 2025-03115 Filed 3-21-25; 8:45 am]
BILLING CODE 6712-01-P