NPRM, as required by the Paperwork Reduction Act of 1995. Pub. L. No. 104-13. Public and agency comments are due at the same time as other comments in this NPRM; OMB comments are due 60 days from the date of publication of the NPRM in the Federal Register. Comments should address: (a) whether the proposed collection of data is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automatic collection techniques or other forms of information technology.

32. Comment Dates. Under procedures set forth in Section 1.415 and 1.419 of the Commission's Rules, 47 C.F.R. §§ 1.415 and 1.419, interested persons may file comments on or before May 16, 1996 and reply comments on or before June 17, 1996. To file formally in this proceeding, you must file an original plus seven copies of all comments, reply comments, and supporting comments. If you want each Commissioner to have a personal copy of your comments, you must file an original plus eleven copies. You should send comments and reply comments to the Office of the Secretary, Federal Communications Commission, Washington, D.C. 20554. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center, Room 239, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C.

33. Written comments on the proposed or modified information collections are due May 16, 1996. Written comments must be submitted by the Office of Management and Budget (OMB) on the proposed and/or modified information collections on or before 60 days after the date of publication in the Federal Register. In addition to filing comments with the Secretary, a copy of any comments on the information collections contained herein should be submitted to Dorothy Conway, Room 234 /Mail Stop 0600, 1919 M Street NW, Washington, DC 20554, or via Internet to dconway@fcc.gov and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street NW, Washington, DC 20503 or via Internet to fain_t@al.eop.gov.

34. Ex Parte Rules -- Non-Restricted Proceeding. This is a non-restricted notice and comment rule making proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in Commission Rules. See generally 47 C.F.R. §§ 1.202, 1.203, and 1.1206(a).

35. Regulatory Flexibility Act. As required by Section 603 of the Regulatory Flexibility Act, the Commission has prepared an Initial Regulatory Flexibility Analysis ("IRFA") of the expected impact on small entities of the proposals advanced herein, attached as Appendix B. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines as comments on the rest of the Notice, but they must have a separate and distinct heading designating them as responses to the regulatory flexibility analysis. The Secretary shall send a copy of this Notice, including the

Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration, in accordance with Section 603(a) of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, (codified at 5 U.S.C. Section 601 et seq.) (1981).

36. Further information may be obtained from Dale Bickel, Audio Services Division, Mass Media Bureau, (202) 418-2720.

FEDERAL COMMUNICATIONS COMMISSION

William F. Caton

Acting Secretary

Proposed Rule Changes

It is proposed to amend Part 1 of Title 47 of the U.S. Code of Federal Regulations to read as follows:

Main Studio Request (does not comply with § 73.1125) ......N/A........[Fee type code to be determined later]..........$650.00........Federal Communications Commission, Mass Media Services, P.O. Box 358165, Pittsburgh, PA 15251-5165

Main Studio Request (does not comply with § 73.1125).......N/A........[Fee type code to be determined later].........$650.00.........Federal Communications Commission, Mass Media Services, P.O. Box [to be determined later], Pittsburgh, PA 15251-[ ]

It is proposed to amend Part 73 of Title 47 of the U.S. Code of Federal Regulations to read as follows:

Section 73.310(a) is proposed to be modified by the insertion of the following definition inserted immediately after the definition of Antenna Power Gain:

§ 73.310 (a) Auxiliary Broadcast Facility. An auxiliary broadcast facility is a separate antenna from the main facility's antenna, from which a station may broadcast for short periods without prior Commission authorization while the main facility is not in operation (e.g., where tower work necessitates turning of the main antenna or where there has been lightning damage to the main antenna and transmission system) (See § 73.1675).

Also, Section 73.310(a) is proposed to be modified by the insertion of the following definition inserted immediately after the definition of Composite Base Band Signal: § 73.310

(a)

Composite pattern. The composite pattern of an FM directional antenna is defined as the relative field pattern, normalized to a maximum of 1.0, which completely encompasses (for 360 degrees of azimuth) the horizontally polarized and vertically polarized radiation components in 360 degrees of azimuth.

§ 73.316 (c) (9) In the case of applications for license upon completion of antenna construction, a showing that the area within the composite directional pattern of the measured horizontally and vertically polarized radiation components is at least 85% of the area within the authorized composite directional antenna pattern, and that the measured pattern complies with the principal community coverage requirements of § 73.315(a).

Section 73.316(e) as written is proposed to be deleted and replaced with the following:

§ 73.316

(e) Where an FM licensee or permittee proposes to mount its antenna on an AM station, or locate within 3.2 km of an AM station, the FM licensee or permittee must comply with § 73.1692.

Sections 73.316 (f), (g), (h), and (i) are proposed to be deleted.

Section 73.525(e)(1)(vii) is proposed to be added, as follows:

§ 73.525

(e)

(1) (vii) For those locations within the predicted interference area to Channel 6 television from a noncommercial educational FM station which fall on or within the 90 dBu F(50,50) contour of the television Channel 6 station, the location of the interfering contour shall be predicted assuming that the Channel 6 field strength remains constant at 90 dbu everywhere within that TV contour. The FM to Channel 6 (U/D) ratio used shall be the ratio from § 73.599 for 90 dBu.

Section 73.685 (h) as written is proposed to be deleted and replaced as follows:

§ 73.685

(h)

Where a TV licensee or permittee proposes to mount an antenna on an AM station, or locate within 3.2 km of an AM station. the TV licensee or permittee must comply with § 73.1692.

Section 73.1125 (b)(2) as presently written is proposed to be deleted and replaced with the following:

§ 73.1125 (b) (2) Written authority to locate a main studio outside a station's principal community contour for the first time must be obtained from the Audio Services Division, Mass Media Bureau for AM and FM stations, or the Television Branch, Video Services Division, Mass Media Bureau for television stations, prior to locating the main studio at the specified site. Where the main studio is already authorized at a location outside the station's principal community, and the licensee or permittee desires to specify a new location also located outside the station's principal community contour, written authority must also be

permittees should be aware that the filing of a request for written authority to locate the main studio outside the principal community contour does not imply approval of the relocation request, because each request is addressed on a case-by-case basis.

Section § 73.1620 (a) (2) as presently written is proposed to be deleted and replaced with the following:

§ 73.1620 (a) (2) The permittee of an AM or FM station with a directional antenna system must file an application for license requesting authority to operate on program test authority at full power with the FCC in Washington, D.C., at least 10 days prior to the date on which full power operations are desired to commence. The request must be filed on FCC Form 302-AM for AM stations or Form 302-FM for FM stations, and must contain any exhibits called for by conditions on the construction permit. The staff will review the license application and the request for program test authority and issue a letter indicating whether full power operation has been approved. Upon filing of the license application and related exhibits, and while awaiting approval of full power operation, the AM or FM permittee may operate the directional antenna at either half power or the effective radiated power corresponding to the ERP in the deepest null, whichever is the greater.

A new Section § 73.1620(a)(3) is proposed to be added as follows:

§ 73.1620 (a) (3) FM licensees replacing a directional antenna pursuant to § 73.1690 (c)(2) or (c)(3) without other changes may commence program test operations with the new antenna at either half power or the ERP corresponding to the authorized ERP in the deepest null, whichever is greater. After staff review of the modification-of-license application to cover the antenna change, the staff will issue a letter indicating whether full power program test operation has been approved for the replacement directional antenna.

Section 73.1620(c) is proposed to be revised as follows:

§ 73.1620 (c) The FCC reserves the right to revoke, suspend, or modify program tests by any station without right of hearing for failure to comply adequately with all terms of the construction permit or the provisions of § 73.1690(c) for a modification of license application, or in order to resolve instances of interference.