Broadcast Auxiliary Services; Low Power Television and Television and FM Radio Translator License Renewal

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73, and 74

[MM Docket No. 92-168, FCC 94-259]

Broadcast Auxiliary Services; Low Power Television and Television

and FM Radio Translator License Renewal

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission adjusts the renewal schedule of FM radio and

television (LPTV) stations to correspond with the renewal schedule of

full service radio or television stations operating in the same state.

The Commission also eliminates FCC Form 348 and revises FCC Form 303-S

to include information requrest formerly included in Form 348. These

actions are intended to decrease the administrative and paperwork

burden on those licensees who own full service stations and LPTV or

translator stations in the same but who must, under the current rules,

file separate renewal application on different dates for each station.

EFFECTIVE DATE: These amendments to parts 1, 73, and 74 contain

information collection requirements. They are not effective until

approval of the Form 303-S revisions by the Office of Management and

Budget. The Commission will publish notice of the effective date of

these amendments when the required approval is received.

FOR FURTHER INFORMATION CONTACT:

Roger Holberg or Rita McDonald, 202/632-7792.

SUPPLEMENTARY INFORMATION: Public reporting burden for this collection

of information is estimated to vary from 1 hour to 4 hours 30 minutes

per response with an average of 1 hour 2 minutes per response,

including the time for reviewing instructions, searching existing data

sources, gathering and maintaining the data needed, and completing and

reviewing the collection of information. Send comments regarding this

burden estimate or any other aspect of this collection of information,

including suggestions for reducing the burden, to the Federal

Communications Commission, Records Management Division, Washington, DC

20554, and to the Office of Management and Budget, Paperwork Reduction

Project (3060-0110), Washington, DC 20503.

This is a synopsis of the Report and Order in MM Docket No. 92-168,

FCC 94-259, adopted October 12, 1994, and released November 4, 1994.

The complete text of this Report and Order is available for inspection

and copying during normal business hours in the FCC Reference Center

(room 239), 1919 M Street, NW., Washington, DC, and also may be

purchased from the Commission's copy contractor, International

Transcription Service, at (202) 857-3800, 2100 M Street, NW., suite

140, Washington, DC 20037.

Synopsis of the Report and Order

1. The Commission changes the license renewal dates of FM radio and

television translator stations and low power television (LPTV) stations

licensed under Part 74 of the Commission's Rules, to coincide with

those of full service radio or television stations operating in the

same state. The Commission also eliminates FCC Form 348, Application

for Renewal of a Low Power TV, TV Translator, or FM Translator Station

License, and revises FCC Form 303-S, Application for Renewal of License

for Commercial and Noncommercial Educational AM, FM and TV Broadcast

Stations, to include information requests formerly included in Form

348. These form revisions will permit translator stations co-owned with

primary stations in the same state which rebroadcast the signal of the

primary station to file for license renewal on a single application

form with their primary station.

2. The majority of parties commenting in response to the Notice of

Proposed Rule Making (MPRM)\1\ agreed with the Commission's initial

view that conforming the renewal dates for full service and for FM and

TV translators and LPTV stations in the same state would streamline the

license renewal process, eliminate paperwork burdens on licensees and

on the Commission, and simplify the renewal process for interested

members of the public. By coordinating the renewal cycles and merging

the application forms, the Commission anticipates saving licensees who

own both full service stations and LPTV or translator stations in the

same state, time spent in providing duplicate renewal information, and

avoiding confusion as to the correct renewal dates. These revisions

should also save Commission staff resources by reducing the likelihood

of a licensee filing an application at the wrong time, which must then

be returned by the Commission.

---------------------------------------------------------------------------

\1\57 FR 36378 (August 13, 1992).

---------------------------------------------------------------------------

3. The NPRM noted that the transition to a revised renewal schedule

would entail a one-time additional burden on cerain LPTV and translator

stations whose license come up for renewal before those of the full

service stations in their state. More particularly, it would result in

some LPTV and translator stations receiving short term renewals in

order to synchronize their renewal cycles with those of full service

stations in their states. In order to allow such stations to file for

renewal coincident with the renewal dates of full service stations in

the same states, the NPRM discussed alternatives that would would avoid

this situation. The Commission rejected one option, to allow such

licensees to file for translator or LPTV renewal at their normal

scheduled date, but with their next succeeding renewal date set to

correspond with those of full service stations in their state. This

option was dismissed because some licenses granted in this manner would

run for a term beyond the maximum five or seven years (for TV and radio

station licenses, respectively) prescribed in Section 307(c) of the

Communications Act.

4. The NPRM suggested that, instead, such LPTV and translator

stations could file for renewal twice during the transition period to

the new schedule, once at their normal renewal time (for a short term

license) and again when the full service stations in their states

became due for renewal. This alternative would avoid conflict with

Section 307(c), but concerned some of the commenters because it would

force some licensees to file for renewal in as short a period as eight

months, entailing additional administrative and cost burdens and

providing additional opportunity for renewal challenges. Such parties

believe that the additional risks and burdens outweigh the benefits to

be gained from allowing full service station licensees to file full

service, low power, and translator renewal applications at the same

time.

5 The Commission believes that substantial savings to the

Commission, broadcasters, and the public can be realized by conforming

the renewal dates for translator and low power television stations to

those for full service stations of the appropriate service (i.e., radio

or television) in the same state. We expect these savings to include a

streamlined renewal process, the elimination of needless paperwork

burdens and a reduction in the incidence of filing errors. Accordingly,

we will grant translator and LPTV applicants filing for license renewal

a short term renewal with the license period extending only until the

end of the license period for full service stations of the relevant

type located in the same state; at that time they will have to file

again for a full term license renewal. The Commission recognizes that

this action will require two renewal applications to be filed by some

translator and low power licensees within a brief period of time.

However, this is a modest, one-time cost that is more than

counterbalanced by the long term savings that will accrue from the

synchronization of renewal schedules and consolidation of forms that

this action will achieve. Additionally, the Commission believes that

the fear expressed by some commenters that accelerated renewal filings

will be subject to increased renewal challenges appears to be one more

of perception than substance. Only 3 challenges to LPTV station

renewals were filed during the last renewal cycle (1991-1994); two of

those were subsequently withdrawn. In the 1988-1991 renewal cycle fewer

than six challenges were filed against translator applications.

6. Although, as discussed in detail in the full text of this

decision, there does not appear to be any way to avoid the above-

described one-time additional short term renewal for translators and

LPTV stations located in some states without violating either Section

307(c) or 309 of the Communications Act of 1934 as amended (the Act),

to alleviate the extra burden on some licensees, pursuant to Section

8(d)(2) of the Act, the Commission will waive the application fees for

any translator or LPTV license renewal application that is required by

this action to be filed within 26 months of the station's most recent

prior renewal filing. In situations where full service stations must

file for renewal prior to translator and LPTV stations in their state,

the Commission will permit but not require the translator and LPTV

stations to file an early renewal to place them on the same renewal

schedule as full service stations in their state. The Commission

strongly encourages translators and LPTV stations to file coincident

with the corresponding full service stations for that state. By doing

so, translator stations commonly-owned with primary stations in the

same state which rebroadcast the signals of the primary station can

realize the benefit of filing for renewal on a single application form

in the upcoming renewal cycle as opposed to waiting until the following

cycle. Licensees of translator and LPTV stations that do not elect to

take advantage of this option will be required to file for license

renewal at the time presently required by their license authorization.

In this latter case, shorter term renewals will be issued for periods

to expire coincident with the expiration date for full service station

licenses in that state.

7. In a related matter, one commenter, the National Association of

Broadcasters (NAB) requests that the Commission, in modifying FCC Form

303-S, include a certification that the applicant has complied with all

relevant FM translator rules, particularly those relating to funding

and support. In amending the Form 303-S as a result of the instant

proceeding, the Commission will add to the form a certification

related, but not identical, to that requested by NAB.

Administrative Matters

Final Regulatory Flexibility Analysis

8. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.

605, it is certified that this decision will have an one time negative

impact on some small television and FM radio translators and low power

television stations. As detailed in the full text of the Report and

Order, low power television and FM radio and television translator

licensees whose licenses expire before the renewal date of their full

service counterparts in the same state will have to file for renewal

twice, once at their normal time and once when the full service

stations in their states are due for renewal. To alleviate this burden,

the Commission will waive the application fees for any translator or

low power television license renewal application that is required by

this action to be filed within 26 months of the station's most recent

prior renewal filing. The Commission believes that the advantages of

allowing FM and television translators and low power television

licensees to file at the same time as their full service counterparts

in the same states outweigh the one time administrative burden

necessary to bring such stations into their full service counterparts'

renewal cycle. The full text of the Commission's final regulatory

flexibility analysis may be found in paragraphs 11-13 of the text of

the Commission's decision.

Ordering Clauses

9. Accordingly, it is ordered, Pursuant to Sections 4(i) and 303 of

the Communications Act of 1934, as amended, that Parts 1, 73 and 74 of

the Commission's Rules are amended as indicated below, effective upon

approval of the form revisions by the Office of Management and Budget.

10. It is further ordered, That FCC Form 348 is eliminated and FCC

Form 303-S is amended as indicated below. These form amendments are

contingent on approval of the Office of Management and Budget, and

therefore will become effective upon such approval.

List of Subjects

47 CFR Part 1

Reporting and recordkeeping requirements.

47 CFR Part 73

Radio broadcasting. Television broadcasting.

47 CFR Part 74

Radio broadcasting, Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Title 47, Parts 1, 73, and 74 of the Code of Federal Regulations

are amended as follows:

PART 1--COMMISSION ORGANIZATION

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

Authority: 47 USC 151. 154.303. amd 309(j), unless otherwise

noted.

Sec. 1.1104 [Amended]

2. Section 1.1104 is amended by removing all references to FCC Form

No. 348 throughout the section and adding in its place FCC Form No.

303-S.

3. Section 1.2003 is amended by revising the reference to FCC 303-S

and by removing the reference to FCC 348 to read as follows:

Sec. 1.2003 Applications affected.

* * * * *

FCC 303-S Application for Renewal of License for AM, FM, TV,

Translator, or LPTV Station;

* * * * *

PART 73--RADIO BROADCAST SERVICES

4. The authority citation for Part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334.

5. Section 73.1020 is amended by revising paragraphs (a)(1) through

(a)(18) to read as follows:

Sec. 73.1020 Station license period.

(a) * * *

(1) Maryland, District of Columbia, Virginia and West Virginia:

(i) Radio stations, October 1, 1995.

(ii) Television stations, October 1, 1996.

(2) North Carolina and South Carolina:

(i) Radio stations, December 1, 1995.

(ii) Television stations, December 1, 1996.

(3) Florida, Puerto Rico and the Virgin Islands:

(i) Radio stations, February 1, 1996.

(ii) Television stations, February 1, 1997.

(4) Alabama and Georgia:

(i) Radio stations, April 1, 1996.

(ii) Television stations, April 1, 1997.

(5) Arkansas, Louisiana and Mississippi:

(i) Radio stations, June 1, 1996.

(ii) Television stations, June 1, 1997.

(6) Tennessee, Kentucky and Indiana:

(i) Radio stations, August 1, 1996.

(ii) Television stations, August 1, 1997.

(7) Ohio and Michigan:

(i) Radio stations, October 1, 1996.

(ii) Television stations, October 1, 1997.

(8) Illinois and Wisconsin:

(i) Radio stations, December 1, 1996.

(ii) Television stations, December 1, 1997.

(9) Iowa and Missouri:

(i) Radio stations, February 1, 1997.

(ii) Television stations, February 1, 1998.

(10) Minnesota, North Dakota, South Dakota, Montana and Colorado:

(i) Radio stations, April 1, 1997.

(ii) Television stations, April 1, 1998.

(11) Kansas, Oklahoma and Nebraska:

(i) Radio stations, June 1, 1997.

(ii) Television stations, June 1, 1998.

(12) Texas:

(i) Radio stations, August 1, 1997.

(ii) Television stations, August 1, 1998.

(13) Wyoming, Nevada, Arizona, Utah, New Mexico and Idaho:

(i) Radio stations, October 1, 1997.

(ii) Television stations, October 1, 1998.

(14) California:

(i) Radio stations, December 1, 1997.

(ii) Television stations, December 1, 1998.

(15) Alaska, American Samoa, Guam, Hawaii, Mariana Islands, Oregon

and Washington:

(i) Radio stations, February 1, 1998.

(ii) Television stations, February 1, 1999.

(16) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island

and Vermont:

(i) Radio stations, April 1, 1998.

(ii) Television stations, April 1, 1999.

(17) New Jersey and New York:

(i) Radio stations, June 1, 1998.

(ii) Television stations, June 1, 1999.

(18) Delaware and Pennsylvania:

(i) Radio stations, August 1, 1998.

(ii) Television stations, August 1, 1999.

* * * * *

6. Section 73.3500 is amended by revising the reference to Form

303-S and removing the reference to Form 348 to read as follows:

Sec. 73.3500 Application and report forms.

* * * * *

303-S Application for Renewal of License for AM, FM, TV,

Translator, or LPTV Station.

* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, AND SPECIAL BROADCAST AND

OTHER PROGRAM DISTRIBUTIONAL SERVICES

7. The authority citation for Part 74 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as

amended; 47 U.S.C. 154, 303, 554.

8. The heading for Part 74 is revised to read as follows:

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER

PROGRAM DISTRIBUTIONAL SERVICES

9. Section 74.15 is amended by revising paragraph (d) to read as

follows:

Sec. 74.15 Station license period.

* * * * *

(d) Initial licenses for low power TV, TV translator FM translator

stations will ordinarily be issued for a period running until the date

specified in Section 73.1020 of this chapter for full service stations

operating in their State or Territory, or if issued after such date, to

the next renewal date determined in accordance with Section 73.1020 of

this Chapter. Lower power TV and TV translator station licenses will

ordinarily be renewed for 5 years and FM translator station license

will be renewed for 7 years. However if the FCC finds that the public

interest or necessity will be served, it may issue either an initial

license or a renewal thereof for a lesser term. The FCC may also issue

a license renewal for a shorter term if requested by the applicant. The

time of expiration of all licenses will be 3 a.m. local time, on the

following dates, and thereafter to the schedule for full service

stations in their states as reflected in Section 73.1020 of this

Chapter:

(1) Nevada:

(i) FM translators, February 1, 1997.

(ii) LPTV and TV translator, February 1, 1998.

(2) California:

(i) FM translators, April 1, 1997.

(ii) LPTV and TV translators, April 1, 1998

(3) Maine, Vermont, New Hampshire, Massachusetts, Connecticut,

Rhodes Island, New York, New Jersey, Pennsylvania, Maryland, Delaware,

West Virginia, Ohio and the District of Colbumia:

(i) FM translators, June 1, 1997

(ii) LPTV and TV translators, June 1, 1998

(4) Virginia, North Carolina, South Carolina, Georgia, Florida,

Alabama, Mississippi, Louisiana, Arkansas, Missouri, Kentucky,

Tennessee, Indiana, Illinois, Michigan, Wisconsin, Pureto Rico and the

Virgin Islands:

(i) FM translators, August 1, 1997

(ii) LPTV and TV translators, August 1, 1998

(5) Oklahoma and Texas:

(i) FM translators, October 1, 1997

(ii) LPTV and TV translators, October 1, 1998

(6) Kansas and Nebraska:

(i) FM translators, December 1, 1997

(ii) LPTV and TV translators, December 1, 1998

(7) Iowa and South Dakota:

(i) FM translators, February 1, 1998

(ii) LPTV and TV translators, February 1, 1999

(8) Minnesota and North Dakota:

(i) FM translators, April 1, 1998

(ii) LPTV and TV translators, April 1, 1999

(9) Wyoming:

(i) FM translators, June 1, 1998

(ii) LPTV and TV translators, June 1, 1999

(10) Montana:

(i) FM translators, August 1, 1998

(ii) LPTV and TV translators, August 1, 1999

(11) Idaho:

(i) FM translators, October 1, 1995

(ii) LPTV and TV translators, October 1, 1996

(12) Washington:

(i) FM translators, December 1, 1995

(ii) LPTV and TV translators, December 1, 1996

(13) Oregon:

(i) FM translators, February 1, 1996

(ii) LPTV and TV translators, February 1, 1997

(14) Alaska, American Samoa, Guam, Mariana Islands and Hawaii:

(i) FM translators, April 1, 1996

(ii) LPTV and TV translators, April 1, 1997

(15) Colorado:

(i) FM translators, June 1, 1996

(ii) LPTV and TV translators, June 1, 1997

(16) New Mexico:

(i) FM translators, August 1, 1996

(ii) LPTV and TV translators, August 1, 1997

(17) Utah:

(i) FM translators, October 1, 1996

(ii) LPTV and TV translators, October 1, 1997

(18) Arizona:

(i) FM translators, December 1, 1996

(ii) LPTV and TV translators, December 1, 1997

* * * * *

10. The Note following Section 74.733 is amended by removing the

reference to 348 and adding in its place 303-S.

Note.--The following form will not appear in the Code of Federal

Regulations.

Instructions for FCC 303-S--Application for Renewal of License for AM,

FM, TV, translators, or LPTV Station

(FCC FORM 303-S Attached)

A. This form is to be used in applying for renewal of license

for a commercial or noncommercial AM, FM or TV broadcast station and

FM translator, TV translator or Low Power TV broadcast station. It

is also to be used in seeking the joint renewal of licenses for an

FM or TV translator station and its co-owned primary FM, TV or LPTV

station.

B. FCC Form 303-S consists of Sections I, II, III, IV, and V.

Those Sections which do not apply to the station license being

renewed should not be submitted as part of your application. Submit

relevant sections only.

All applicants must complete and submit Sections I, II

and V of this form.

Applicants seeking to renew only an AM, FM or TV

station license must ALSO complete and submit Section III.

Applicants seeking to renew only an FM translator, TV

translator or Low Power TV station license must ALSO complete and

submit Section IV.

Applicants seeking to renew the licenses of both a

translator (FM and TV) and coowned primary FM, TV or LPTV station on

the same form should complete and submit ALL sections of this

application.

C. References to FCC Rules are made in this application form.

Before filling it out, the applicant should have on hand and be

familiar with the current broadcast, translator and LPTV rules,

which are contained in 47 Code of Federal Regulations. (CFR):

(1) Part 0 ``Commission Organization''

(2) Part 1 ``Practice and Procedure''

(3) Part 17 ``Construction, Marking, and Lighting of Antenna

Structures''

(4) Part 73 ``Radio Broadcast Services''

(5) Part 74 ``Experimental, Auxiliary, and Special Broadcast and

Other Program Distributional Services''

FCC Rules may be purchased from the Government Printing Office,

Washington, DC 20402. You may telephone the GPO Order desk at (202)

783-3238 for current prices.

D. An original and one complete copy of the 303-S renewal

application, including all exhibits, must be prepared for each

station license to be renewed, except that an original and one

complete copy, including all exhibits, can be filed for the joint

renewal of licenses for a translator and the translator's commonly

owned primary station. The application with all required exhibits

should be filed with the Federal Communications Commission in the

manner and at the location specified in 47 CFR 0.401.

E. Replies to questions in this form and the applicant's

statements constitute representations on which the FCC will rely in

considering the application. Thus, time and care should be devoted

to all replies, which should reflect accurately the applicant's

responsible consideration of the questions asked. Include all

information called for by this application. If any portions of the

application are not applicable, so state. Defective or incomplete

applications will be returned without consideration. Furthermore,

inadvertently accepted applications are subject to dismissal.

F. In accordance with 47 CFR 1.65, the applicant has a

continuing obligation to advise the Commission, through amendments,

of any substantial and significant changes in the information

furnished.

Section I--Fee Information

By law, the Commission is required to collect charges for

certain of the regulatory services it provides to the public.

Generally, applicants seeking to renew the license for a commercial

AM, FM, TV, FM translator, TV translator or Low Power TV station are

required to pay and submit a fee with the filing of FCC Form 303-S.

However, governmental entities, which include any possession, state,

city, county, town, village, municipal organization or similar

political organization or subpart thereof controlled by publicly

elected and/or duly appointed public officials exercising sovereign

direction and control over their respective communities or programs,

are exempt from the payment of this fee. Also exempted from this fee

are licensees of noncommercial educational radio or television

broadcast stations. (This includes licensees of noncommercial

educational FM and full service TV broadcast stations seeking

renewal of the licenses for their translator or low power TV

stations provided those stations operate on a noncommercial

educational basis. Low Power TV or TV translator stations that

rebroadcast the programming of a primary noncommercial educational

station, but are not co-owned by the licensee of such a station, are

required to file fees. In addition, noncommercial FM translators

operating on a non-reserved channel (CH 221-300), and that are not

co-owned by the licensee of the primary noncommercial educational

station, are also required to file fees.) Renewal applicants that

earlier obtained either a fee refund because of an NTIA facilities

grant for the stations or a fee waiver because of demonstrated

compliance with the eligibility and service requirements of 47 CFR

73.503 or 73.621, and that continue to operate those stations on a

noncommercial basis, are similarly exempted from this fee. See 47

CFR 1.1112. To avail itself of any fee exemption, the renewal

applicant must indicate its eligibility by checking the appropriate

box in Question 2(B), Section I. FCC Form 303-S applications NOT

involving the payment of a fee can be hand-delivered or mailed to

the FCC's Washington, D.C. offices. See 47 CFR 0.401(a).

The Commission's fee collection program utilizes a U.S. Treasury

lockbox bank for maximum efficiency of collection and processing.

All FCC Form 303-S applications, which require the remittance of a

fee, must be submitted to the appropriate post office box address.

See 47 CFR 0.401(b). A listing of the required fee and the address

to which FCC Form 303-S should be mailed or otherwise delivered is

also set forth in the ``Mass Media Services Fee Filing Guide'' which

is obtained either by writing to the Commission's Form Distribution

Center, 2803 52nd Avenue, Hyattsville, Maryland 20871, or by calling

Telephone No. (202) 418-FORM and leaving your request on the

answering machine provided for this purpose. See also 47 CFR 1.1104.

Payment of any required fee must be made by check, bank draft or

money order payable to the Federal Communications Commission,

denominated in U.S. dollars, and drawn upon a U.S. financial

institution. No postdated, altered or third-party checks will be

accepted. DO NOT SEND CASH. Checks dated six months or older will

not be acceptable for filing.

Parties hand-delivering FCC Forms 303-S may receive dated

receipt copies by presenting copies of the applications to the

acceptance clerk at the time of delivery. For mailed-in

applications, a ``return copy'' of the application can be furnished

provided the applicant clearly identifies the ``return copy'' and

attaches it to a stamped, self-addressed envelope. Only one piece of

paper per application will be stamped for receipt purposes.

For further information regarding the applicability of a fee,

the amount of the fee or the payment of the fee, refer to the ``Mass

Media Services Fee Filing Guide.''

Section II--Question-By-Question Guidelines

This section must be completed and submitted by all applicants

regardless of the service of the station for which renewal is being

sought.

Question 1. The name of the licensee applicant should be stated

exactly as it appears on the station's existing license. The current

street address or post office box used by the applicant for receipt

of Commission correspondence should be set forth. If this

information has been set forth in Question 1, Section I, it need not

be repeated here.

Any change in the licensee's name, which does not involve a

change in ownership requiring prior Commission approval, can be

communicated to the Commission by letter. To report any change in

the mailing address previously used by the licensee FCC Form 5072,

entitled ``Change in Official Mailing Address for Broadcast

Station,'' should be promptly transmitted to the Commission. See 47

CFR 1.5.

Question 2. Applicants for AM, FM or TV stations should identify

whether it has been licensed by the Commission as a commercial or

noncommercial educational licensee. A licensee that merely elects to

operate its station on a noncommercial basis is not considered to be

a noncommercial educational licensee. The facility should be

described by its service, call letters, and specific community of

license or area as listed on the station's existing license. See 47

CFR 74.1201(a), 74.701(a) and 74.701(f) for definition of an FM

translator, TV translator and low power TV broadcast stations

respectively. For AM, FM or TV stations the location of the facility

should be described in terms of the specific city or community to

which the station is licensed. Translator and Low Power TV stations

should specify the area the stations are licensed to serve.

Question 3. This question must be completed by a radio or

television renewal applicant seeking to continue its authority to

operate an FM Booster or TV booster station in conjunction with the

primary station. The FM or TV booster station should be described in

terms of its call letters and the name of the specific community

which it serves.

Question 4. Aliens, foreign governments and corporations, and

corporations of which less than 80% of the capital stock is owned or

voted by U.S. citizens are prohibited from holding a broadcast

station license. Where a corporate licensee is directly or

indirectly controlled by another corporation, of which any officer

or more than 25% of the directors are aliens or of which less than

75% of that corporation's stock is owned or voted by U.S. citizens,

the Commission must consider whether denial of renewal would serve

the public interest. Licensees are expected to employ reasonable,

good faith methods to ensure the accuracy and completeness of their

citizenship representations.

Question 5. Commission policies and litigation reporting

requirements for broadcast, translator and LPTV station applicants

are directed to focusing on misconduct which violates the

Communications Act or a Commission rule or policy and on certain

specified non-FCC misconduct. In responding to Question 6,

applicants are advised that the parameters of the Commission's

policies and requirements regarding character qualifications are

fully set forth in Character Qualifications, 102 FCC 2d 1179 (1985),

reconsideration denied, 1 FCC Rcd 421 (1986), as modified, 5 FCC Rcd

3252 (1990) and 7 FCC Rcd 6564 (1992).

For the purpose of this question, the term ``parties to the

application'' includes any individual or entity whose ownership or

positional interest in the applicant is cognizable under the

Commission's multiple ownership rules. See in this regard Report and

Order in MM Docket No. 83-46, 97 FCC 2d 997 (1984), reconsideration

granted in part, 58 RR 2d 604 (1985), further modified on

reconsideration, 61 RR 2d 739 (1986).

Question 6. Each applicant should check the appropriate box to

indicate whether a Commission grant of the proposed communications

facility(ies) may or may not have a significant environmental impact

as defined by 47 CFR 1.1307. Briefly, Commission grant of an

application may have a significant environmental impact if any of

the following are proposed:

(a) A facility is to be located in sensitive areas (e.g., an

officially designated wilderness area, a wildlife preserve area, a

flood plain) or will physically or visually affect sites significant

in American history.

(b) A facility whose construction will involve significant

changes in surface features.

(c) The antenna tower and/or supporting structure(s) will be

equipped with high intensity white lights and are to be located in

residential neighborhoods.

(d) The facilities or the operation of which will cause exposure

of workers or the general public to levels of radio frequency

radiation in excess of the ``Radio Frequency Protection Guides''

recommended in ``American National Standard Safety Levels with

respect to Human Exposure to Radio Frequency Electromagnetic Fields,

300 kHz to 100 GHz,'' (ANSI C95.1-1982), by the Institute of

Electrical and Electronics Engineers, Inc., 345 East 47th Street,

New York, New York 10017.

Note: In answering this question, applicants for renewal of FM

translator stations which transmit with an effective radiated power

of 100 watts or less are excluded from the standards set forth in

subparagraph (d) above. However, in determining the appropriate

response to this question, such applicants must still perform an

analysis of the subject facilities in the context of the matters set

forth in subparagraphs (a)-(c) above.

If you answered No, a brief statement explaining the reasons why

there will not be a significant environmental impact must be

submitted. With respect to RF radiation exposure, the required

statement must include a description of the steps that have been

taken to protect the general public, station employees, and other

persons authorized access to the tower from exposure to RF radiation

levels in excess of the specified safety standards and that these

steps comply with those required by OST Bulletin No. 65, October,

1985, entitled ``Evaluating Compliance with FCC-Specified Guidelines

for Human Exposure to Radiofrequency Radiation.'' The applicant must

take into account, ALL non-excluded transmitters at and around the

station's transmitter site; that is, contributions to environmental

RF levels from all nearby radio and television stations, not just

the applicant's station, must be considered.

If you answered Yes, submit the required Environmental

Assessment (EA). The EA includes for antenna towers and satellite

earth stations:

(a) A description of the facilities, as well as supporting

structures and appurtenances, and a description of the site, as well

as the surrounding area and uses. If high intensity white lighting

is proposed or utilized within a residential area, the EA must also

address the impact of this lighting upon the residents.

(b) A statement as to the zoning classification of the site, and

communications with, or proceedings before and determinations (if

any) made by, zoning, planning, environmental or other local, state

or federal authorities on matters relating to environmental effect.

(c) A statement as to whether construction of the facilities has

been a source of controversy on environmental grounds in the local

community.

(d) A discussion of environmental and other considerations which

led to the selection of the particular site and, if relevant, the

particular facility; the nature and extent of any unavoidable

adverse environmental effects; and any alternative sites of

facilities which have been or might reasonably by considered.

The information submitted in the EA shall be factual (not

argumentative or conclusory) and concise with sufficient detail to

explain the environmental consequences and to enable the Commission,

after an independent review of the EA, to reach a determination

concerning the proposal's environmental impact, if any. The EA shall

deal specifically with any feature of the site which has special

environmental significant (e.g., wilderness area, wildlife preserve,

natural migratory paths for birds and other wildlife, and sites of

historic, architectural or archaeological value). In the case of

historically, significant sites, it shall specify the effect of the

facilities on any district, site, building, structure or object

listed in the National Register of Historic Places, 39 Fed. Reg.

6402 (February 19, 1974). It shall also detail any substantial

change in the character of the land utilized (e.g., deforestation,

water diversion, wetland fill, or other extensive change of surface

features). In the case of wilderness areas, wildlife preserves, or

other like areas, the statement shall discuss the effect of any

continuing pattern of human intrusion into the area (e.g.,

necessitated by the operation and maintenance of the facilities).

The EA shall also be accompanied with evidence of site approval

which has been obtained from local or federal land use authorities.

To the extent that such information is submitted in another part

of the application, it need not be duplicated in the EA, but

adequate cross-reference to such information shall be supplied.

An EA need not be submitted to the Commission if another agency

of the Federal Government has assumed responsibility: (a) for

determining whether their facilities in question will have a

significant effect on the quality of the human environment and, (b)

if it will affect the environment, for invoking the environmental

impact statement process.

Section III--Question-By-Question Guidelines

The section must be completed and submitted only by applicants

for AM, FM, or TV broadcast stations.

Question 1(a). Licensees of noncommercial educational and

commercial radio and television broadcast stations are required by

Commission regulation (47 C.F.R. Section 73.2080) to afford equal

employment opportunity to all qualified persons and to refrain from

discriminating in employment and related benefits on the basis of

race, color, religion, national origin or sex. In conjunction

therewith, every station with five or more full-time employees must

file an employment report on or before May 31 of each year,

identifying the station's staff by gender, race, or color and/or

national origin in each of nine major job categories. See 47 C.F.R.

Section 73.3612.

In addition, all AM, FM, and TV stations must file an original

and one copy of an Equal Employment Opportunity Report (FCC From

396) with their renewal application. The EEO form is required of all

such licensees even where they do not employ five or more full-time

employees or where there are less than 5% minorities in the labor

force (however, in such cases you need only complete the first 2

pages of the EEO form).

Question 1(b). Each noncommercial educational broadcast station

licensee is required to submit a current and complete ownership

report (FCC Form 323-E) with its station's renewal application. See

47 C.F.R. Section 73.361(d). In such cases, the question should be

answered affirmately. However, if the Form 323-E submitted with the

station's last renewal application is ``up-to-date'' and has been

amended, a new ownership report need not be filed with the current

renewal application. The applicant should then answer the question

negatively and supply the filing date of that report and the call

letters of the station for which it was submitted. An ``up-to-date''

Form 323-E ownership report is one that is current for each question

on that report.

A commercial broadcast station licensee is required to submit a

current and complete ownership report (FCC Form 323) once each year

on the anniversary of the date that its license renewal application

is required to be filed. See 47 C.F.R. Section 73.3615(a). Licensees

of multiple commercial broadcast stations with different renewal

anniversary filing dates may elect a single date to submit

information, but the ownership reports may not be submitted more

than one year apart. If no charges have occurred, the licensee may

submit a written certification to that fact, instead of filing a new

Form 323 each year. In addition, where the licensee is a partnership

composed entirely of natural persons, the annual reporting

requirements does not apply. Similarly, sole proprietorships are

exempt from the requirement to file annually.

All commercial broadcast station licensee that are not exempt

from the annual reporting program are required to file Form 323

SEPARATELY from their renewal applications. The annual ownership

report (Form 323 or written certification), accompanied by its

requisite fee payment for each station covered by that report,

should be sent to the U.S. Treasury lockbox bank at the appropriate

address and in the manner specified in the ``Mass Media Services Fee

Filing Guide.'' Additional information regarding the submission of

this report us set fort in the Commission's Public Notice of June 6,

1990, entitled ``Broadcast Annual Ownership Report.''

Question 2. A licensee must maintain certain documents

pertaining to its station in a file which is usually kept at the

station's main studio or other accessible place in the community of

licensee. The file must be available for inspection by anyone during

regular business hours. The documents to be maintained generally

include applications for a construction permit and for licensee

renewal, assignment or transfer of control; ownership and employment

reports; and quarterly lists of the community issues most

significantly addressed by the station's programming during the

preceding three months. In addition, commercial television licensees

only are required to maintain a make available to the public certain

records regarding children's programming and the amount of

commercial matter aired during the station's broadcast of children's

programming. A complete listing of the required documents and their

mandatory retention periods is set forth in 47 C.F.R. Section

734.3526 and 73.3527.

Question 3. This question should be completed only by a

commercial radio or television renewal applicant. Licensees for

these stations should not that anytime it finds it necessary to

cease broadcasting it must notify the Commission's Washington, D.C.

office, by letter, not later than the 120th day of discontinued

operation. Further, if a licensee finds it necessary to cease

broadcasting in excess of 30 days, it must, no later than the 30th

day of the station being silent, submit a letter request (no filing

fee is required) to the Commission's Washington, D.C. office for

temporary authority to remain silent. The request must include the

date the station ceased broadcasting; a detailed explanation of the

reason why it was necessary to take the station off the air; efforts

being made to restore service; and the date by which resumption of

operation is anticipated. The request must also include a

certification relating to Section 5301 of the Anti-Drug Abuse Act of

1988 (See, as an example, Section V, Certification (1), of the

Form). Extensions of temporary authority to remain silent and must

be timely requested if station operations do not resume within the

time given. Licensees must notify the Commission's Washington, D.C.

office, by letter, once operations have resumed, giving the date

that operations resumed. See 47 C.F.R. Sections 73.1740 and 73.1750.

Question 4. This question should be completed by commercial TV

applicants only. Programming directed to the educational and

information needs of children is an identifiable unit of program

material that is not a comical or promotional announcement, that is

originally produced and broadcast for an audience of children 16

years of age and under, and that furthers, the positive development

of the child in any respect, including, but not limited to, the

child's cognitive/intellectual or emotional/social needs.

Questions 4(b) and (c). Commercial television licensees must

limit the amount of commercial matter in ``children's programming'',

which is defined for this purpose as programming originally produced

and broadcast primarily for an audience of children 12 years of age

and under. The children's programming commercial limitations are not

more than 12 minutes of commercial mater per hour on weekdays and no

more than 10.5 minutes of commercials on weekends. The commercial

limits also apply pro rata to children's programs which are 5

minutes or more and which are not part of a longer block of

children's programming. There are no restrictions on how commercial

within the limits are configured within an hour's block of

children's programming. i.e., it is not necessary to prorate the

commercial limits for separate children's programs within the hour.

Section IV--Question-by-Question Guidelines

This section must be completed and submitted only by applicants

for FM or TV translator or LPTV broadcast station.

Question 1. An FM or TV translator or LPTV station is expected

to provide continuous service except where cases beyond its control

warrant interruption. Where causes beyond the control of the

licensee make it impossible to continue operation, the station may

discontinue operation for a period of 30 days without further

authority from the FCC. However, notification if the discontinuance

must be sent to the FCC in Washington, D.C. no later than 10 days

after the discontinued operation. (See Section III, Question 3 of

these Instructions for procedures for requesting temporary authority

to remain silent if the licensee finds it necessary to cease

training for more than 30 days.) Failure to operate for a period of

30 days of more, except for causes beyond the control of the

licensee, shall be deemed evidence of discontinuation of operation

and the license of the translator or LPTV station may be canceled at

the discretion of the FCC. See 47 C.F.R. Sections 74.763 and

74.1263.

Questions 2 and 3. Section 325(a) of the Communications Act of

1934, as amended, prohibits the rebroadcast of the programs of a

broadcast station without the express authority of the originating

station. Where the renewal applicant is not the licensee of the

originating station, written authority must be obtained prior to any

rebroadcasting. Also, where the licensee has changed the station

being rebroadcast, written notification must be made to the

Commission in accordance with 47 C.F.R. Section 74.784 or 74.1251.

Question 4. This question should be answered by licensees of Low

Power TV broadcast stations only. Licensees of Low Power TV

broadcast stations are required by 47 C.F.R. Section 73.2080 to

afford equal employment opportunity to all qualified persons and to

refrain from discriminating in employment and related benefits on

the basis of race, color, religion, national origin or sex. In

conjunction with these provisions, every station with five or or

more full-time employees must file an employment report on or before

May 31 of each year, identifying the station's staff by gender,

race, color, and/or national origin in each of nine major job

categories. See 47 C.F.R. Section 73.3612.

In addition, LPTV stations must file an original and one copy of

an Equal Employment Opportunity Report (FCC Form 396) with their

renewal application. This EEO form is required of all such licensees

even where they do not employ five or more full-time employees or

where there are less than 5% minorities in the labor force (however,

in such cases you need only complete the first 2 pages of the EEO

form).

Question 5(a). The provisions of 47 C.F.R. Section 74.1232(d)

provide that an authorization for an FM translator station whose

coverage contour extends beyond the protected contour of the

commercial primary station (i.e., other area FM translator) will not

be granted to the licensee of a commercial FM radio broadcast

station, or to any person or entity having any interest or

connection with a primary FM station. For the purposes of this rule,

interested and connected parties extend to group owners, corporate

parents, shareholders, officers, directors, employees, general and

limited partners, family members and business associates.

Question 5(b). The provisions of 47 C.F.R. Section 74.1232(e)

provide that an authorization for an FM translator station whose

coverage contour extends beyond the protected contour of the

commercial primary station (i.e., other area FM translator) shall

not receive any support, before, during or after construction,

either directly or indirectly, from the commercial primary FM radio

broadcast station, or from any person or entity having any interest

or connection with the primary FM station. For the purposes of this

rule, interested and connected parties extend to group owners,

corporate parents, shareholders, officers, directors, employees,

general and limited partners, family members and business

associates.

Section V--Question-by-Question Guidelines

This section must be completed and submitted by all applicants

regardless of the service of the station for which renewal is being

sought.

The first three questions of this Section are intended to assure

that the applicant has attached and included with its application

all Sections of this form that pertain to the particular station for

which a license renewal is sought.

Certification. As indicated above, responses to the questions

set forth in FCC Form 303-S constitute representations upon which

the Commission relies in considering whether renewal of the subject

license would be in the public interest. Upon completion of the

application form and the attached exhibits, the certification must

be dated and signed.

The original copy of FCC Form 303-S must be personally signed by

the applicant, if the applicant is an individual; by one of the

partners, if the applicant is a partnership; by an officer, if the

applicant is a corporation; by a member who is an officer, if the

applicant is an unincorporated association; by such duly elected or

appointed officials as may be competent to do so under the laws of

the applicable jurisdiction, if the applicant is an eligible

government entity; or by the applicant's attorney in case of the

applicant's physical disability or absence from the United States.

The attorney shall, in the event he/she signs for the applicant,

separately set forth the reason why the application is not signed by

the applicant. See 47 C.F.R. Section 73.3513. Original copies of

applications bearing signatures of unauthorized persons or photo or

other reproduced copies of signatures are not acceptable.

FCC Notice to Individuals Required by the Privacy Act and the Paperwork

Reduction Act

The solicitation of personal information requested in this

application is authorized by the Communications Act of 1934, as

amended. The Commission will use the information provided in the

application to determine if the benefit requested is consistent with

the public interest. In reaching that determination, or for law

enforcement purposes, it may become necessary to refer personal

information contained in this form to another government agency. In

addition, all information provided in this form will be available

for public inspection. If information requested on the form is not

provided, the application may be returned without action having been

taken upon it or its processing may be delayed while a request is

made to provide the missing information. Your response is required

to obtain the requested authorization.

Public reporting burden for this collection of information is

estimated to vary from 1 hour to 4 hours and 30 minutes per

response, with an average of 1 hour and 2 minutes per response,

including the time for reviewing instructions, searching existing

data sources, gathering and maintaining the data needed, and

completing and reviewing the collection of information. Send

comments regarding this burden estimate or any other aspect of this

collection of information, including suggestions for reducing the

burden to the Federal Communications Commission, Records Management

Division, Washington, DC 20554, and to the Office of Management and

Budget, Office of Information and Regulatory Affairs, Paperwork

Reduction Project (3060-0110), Washington, DC 20503.

The foregoing notice is required by the Privacy Act of 1974,

P.L. 93-579, December 31, 1974, 5 U.S.C. 552a(e)(3), and the

Paperwork Reduction Act of 1980, P.L. 96-511, December 11, 1980, 44

U.S.C. 3507.

BILLING CODE 6712-01-M

TR07DE94.116

TR07DE94.117

TR07DE94.118

TR07DE94.119

TR07DE94.120

[FR Doc. 94-28768 Filed 12-6-94; 8:45 am]

BILLING CODE 6712-01-C