within authorized limits. The broadcast licensee or permittee shall be responsible for the installation and continued maintenance of detuning apparatus necessary to prevent adverse effects upon the radiation pattern of the AM station. Both prior to the commencement of construction and upon completion of construction, a partial proof of performance (as defined by § 73.154) shall be conducted to establish that the AM array has not been adversely affected. Prior to or simultaneously with filing of the license application to cover the broadcast station construction, the results of the partial proof of performance shall be filed with the Commission on Form 302-AM. Section 73.3500: The reference to Form 302, "Application for New Broadcast Station License" is proposed to be deleted, and new text inserted as follows: § 73.3500 Form 302-AM ..... ........ Application for AM Broadcast Station License Section 73.3536(b)(1) is proposed to be revised to read as follows: § 73.3536 (b) (1) Form 302-AM for AM stations, "Application for New AM Station Broadcast License"; Form 302-FM for FM stations, "Application for FM Station License"; and Form 302-TV for television stations, "Application for TV Station Broadcast License." Section 73.3537 is revised to read as follows: § 73.3537 See § 73.1675, "Auxiliary Broadcast Facility". Section 73.3538 is proposed to be revised as follows: § 73.3538 Where prior authority is required from the FCC to make changes in an existing station, the following procedures shall be used to request that authority: (a) An application for construction permit using the forms listed in § 73.3533 must be filed for authority to: (1) Make any of the changes listed in § 73.1690(b). Change the hours of operation of an AM station, where the hours of operation are specified on the license or permit. (3) Install a transmitter which has not been approved (type accepted) by the FCC for use by licensed broadcast stations. Sections 73.3538 (a) (5), (6) and (7) are proposed to be deleted in their entirety. A new Section 73.3538(b)(3) is proposed to be added as follows: § 73.3538 (b) (3) Relocation of a main studio outside the principal community contour may require the filing and approval of a request for authority to make this change prior to implementation. See § 73.1125. Section 73.3544(a) is proposed to be revised as follows: § 73.3544 (a) The changes specified in § 73.1690(c) may be made by the filing of a license application using the forms listed in § 73.3536(b)(1). It is proposed to amend Part 74 of Title 47 of the U.S. Code of Federal Regulations to read as follows: Section 74.780 is proposed to be modified under the reference to Part 73. to insert a reference to the proposed rule section 73.1692, as follows: § 74.780 Section 73.1692 --- Construction Near or Installation on an AM station A new Section 74.1237(e) is proposed to be added as follows: § 74.1237 (e) A translator or booster station to be located on an AM broadcast tower or located within 3.2 km of an AM broadcast tower will be required to comply with § 73.1692. I. Reason for Action. Initial Regulatory Flexibility Analysis This proposed action is necessary to provide more flexibility for AM, FM and television stations to effectuate minor modifications of their facilities in instances where there would not likely be any significant impact on other stations. In addition, this proposed action would allow such minor modifications to be made more quickly than under the current procedures. II. Objectives. The objective of this proceeding is to allow AM, FM, and television station licensees and permittees to bring improved service to the public more efficiently and expeditiously while controlling interference to other stations. III. Legal Basis. The action taken in this Notice is authorized by Sections 4(i), 5(c)(1), 302, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 155(c)(1), 302, and 303. IV. Description, Potential Impact and Number of Small Entities Affected. The entities affected by this proposal are AM and FM radio and television station licensees and permittees seeking to effect minor modifications of facilities that have previously been authorized by the Commission. The total number of such licensees and permittees is nearly 15,000. Because the Notice proposes provisions which allow for greater flexibility in operation, the option of whether or not to take advantage of the new rules rests with each licensee or permittee. There is no requirement that any licensee or permittee make any change as a result of these rule amendments. The number of licensees or permittees who might decide to modify their stations pursuant to these rule amendments is unknown, but under the present rules, approximately 150 stations each year file applications that propose the types of facilities modifications that are the subject of these rule amendments. V. Recording, Record Keeping and Other Compliance Requirements. None. VI. Federal Rules which Overlap, Duplicate or Conflict with these Rules. None. VII. Any Significant Alternative Minimizing Impact on Small Entities and Consistent with the Stated Objectives. None. FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 Amendment to the Commission's Rules ) WT Docket No. 95-157 Regarding a Plan for Sharing the Costs of Microwave Relocation RM-8643 FIRST REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULE MAKING FCC 96-196 Adopted: April 25, 1996 Released: April 30, 1996 By the Commission: Chairman Hundt and Commissioner Quello issuing separate statements. |