Broadcast Station Operator Requirements

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 94-130; FCC 94-289]

Broadcast Station Operator Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission proposes to amend its broadcast station rules

primarily to waive the requirement that broadcast stations be

supervised only by FCC-licensed duty operators. Also, a number of

changes are proposed in the rules relating to station control to permit

licensees to operate their stations in a completely automated,

unattended mode if appropriate transmission equipment is used, thus

allowing licensees significant operational cost savings. This action is

necessary to update broadcast operational rules to more accurately

reflect the capabilities of current transmitter monitoring and control

technology.

DATES: Comments must be filed by January 20, 1995. Reply comments must

be filed by February 6, 1995.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

James E. McNally, Jr. or Gordon W. Godfrey, Mass Media Bureau,

Engineering Policy Branch, (202) 632-9660.

SUPPLEMENTARY INFORMATION:

OMB Information Collection Notification

The following collections of information contained in these

proposed rules have been submitted to the Office of Management and

Budget for review under Section 3504(h) of the Paperwork Reduction Act.

Copies of these submissions may be purchased from the Commission's copy

contractor, as indicated above. Persons wishing to comment on these

information collections should direct their comments to Timothy Fain,

(202) 395-3561, Office of Management and Budget, Room 10102 NEOB,

Washington, DC 20503. A copy of any comments should also be sent to the

Federal Communications Commission, Office of Managing Director, Records

Management Branch, Washington, DC 20554. For further information

contact Judy Boley, Federal Communications Commission, (202) 418-0214.

OMB Number: None.

Title: Section 73.691 Visual Modulation Monitoring.

Form: None.

Action: Proposed New Collection.

Respondents: Businesses or other for-profit, not-for-profit

institutions.

Frequency of Response: On occasion.

Estimated Annual Response: 70 respondents, 1.0 hours per response.

Needs and Uses: Section 73.691 will require TV stations to send a

notification to the Commission in the event that technical problems

make it impossible to operate a TV station in accordance with the

timing and carrier level tolerance requirements and the operation at

variance will exceed 10 consecutive days. The data is used by FCC staff

to maintain accurate and complete technical information about a

station's operation. In the event that a complaint is received from the

public regarding a station's operations, this information is necessary

to provide an accurate response.

OMB Number: None.

Title: Section 73.1300 Unattended station operation.

Form: None.

Action: Proposed New Collection.

Respondents: Businesses or other for-profit, not-for-profit

institutions.

Frequency of Response: On occasion.

Estimated Annual Response: 1,500 respondents, 0.5 hours per

response.

Needs and Uses: Section 73.1300 will require licensees of broadcast

stations to send a notification to the Commission of its intention to

operate unattended. The data is used by FCC staff to maintain accurate

and complete technical information about a station's operation.

OMB Number: 3060-0320.

Title: Section 73.1350 Transmission System Operation.

Form: None.

Action: Revision to Existing Collection.

Respondents: Businesses or other for-profit, not-for-profit

institutions.

Frequency of Response: On occasion.

Estimated Annual Response: 300 respondents, 0.5 hours per response.

Needs and Uses: Section 73.1350 will require licensees of broadcast

stations to send a notification to the Commission whenever a

transmission system control point is established at a location other

than at the main studio or transmitter. The data is used by FCC staff

to maintain complete operating information regarding licensees to be

used in the event that FCC field staff needs to contact the station

about interference.

OMB Number. None.

Title: Section 73.1570 Modulation levels: AM, FM and TV Aural.

Form: None.

Action: Proposed New Collection.

Respondents: Businesses or other for-profit, not-for-profit

institutions.

Frequency of Response: On occasion.

Estimated Annual Response: 70 respondents, 1 hours per response.

Needs and Uses: Section 73.1570 will require licensees of broadcast

stations to send a notification to the Commission whenever technical

problems make it impossible to maintain the minimum modulation level

for more than 10 days and upon restoration of normal operations. The

data is used by FCC staff to maintain accurate and complete technical

information about a station's operation. In the event that a complaint

is received from the public regarding a station's operations, this

information is necessary to provide an accurate response.

OMB Number: None.

Title: Section 73.62 Directional Antenna System Tolerances.

Form: None.

Action: Proposed New Collection.

Respondents: Businesses or other for-profit, not-for-profit

institutions.

Frequency of Response: On occasion.

Estimated Annual Response: 750 respondents, 4.5 hours per response.

Needs and Uses: Section 73.62 will require an AM station with a

directional antenna system to measure and log every monitoring point at

least once for each mode of directional operation within 24 hours of

detection of various operating parameters from allowed tolerances. This

data is used by station engineers to correct the operating parameters

of the directional antenna and by FCC staff in field investigations to

ensure that stations are in compliance with the technical requirements

of the Commission's Rules.

OMB Number: None.

Title: Station License.

Form: None.

Action: Existing collection in use without an OMB control number.

Respondents: Businesses or other for-profit, not-for-profit

institutions.

Frequency of Response: On occasion.

Estimated Annual Response: 5,830 respondents, 0.083 hours per

response.

Needs and Uses: Sections 73.1230, 74.165, 74.432, 74.564, 74.664,

74.765, 74.832, 74.965 and 74.1265 require licensees of broadcast

stations to post, file or have available a copy of the instrument of

authorization at the station and/or at the transmitter. The data is

used by FCC staff in field investigations to ensure that a station is

licensed and operating in the manner specified in the license. The

information posted at the transmitter site would be used by the public

and FCC staff to know by whom the transmitter is licensed.

This is a synopsis of the Commission's Notice of Proposed Rule

Making in MM Docket No. 94-130 adopted November 10, 1994, and released

on December 7, 1994. The complete text of this Notice of Proposed Rule

Making is available for inspection and copying during normal business

hours in the FCC Dockets Branch (Room 230), 1919 M St., N.W.,

Washington, D.C., and may be purchased from the Commission's copy

contractor, International Transcription Service, Inc., (202) 857-3800,

2100 M St., N.W., Suite 140, Washington, D.C. 20037.

Synopsis of Notice of Proposed Rule Making

1. This proceeding is initiated to determine, in light of the

advancement of automated transmission equipment, whether and under what

circumstances the Commission should waive the requirement that a

broadcast station must have a licensed radio operator on duty in charge

of the transmitter during all periods of broadcast operation. This

action is taken in response to the Telecommunications Authorization Act

of 1992, Pub. L. No. 102-538, 106 Stat. 3533 (``Law''), which among

other things amends the Communications Act of 1934 (``Act'') to permit

the Commission to consider this option.

2. Specifically, Section 205(1) of the Law amended Section 318 of

the Act, which requires that each AM, FM or TV station must be operated

by a licensed transmitter duty operator (``duty operator'') holding a

commercial radio operator license or permit of any class. Pursuant to

Section 318, the Commission may waive or modify the operator

requirement for all but specifically enumerated types of stations. The

Law removed from the waiver/modification prohibition. ``(3) stations

engaged in broadcasting * * *.'' Thus, the Commission's proposes

waiving its current requirement that broadcast station duty operators

possess a license or restricted permit. It also proposes to permit

unattended operation if appropriate equipment is used to operate the

station. Secondarily, the Commission proposes to update various

transmitter control requirements to make them more relevant to

unattended operation and to be responsive to commonly asked questions

concerning their interpretation.

3. Section 73.1860(c) of the Commission's Rules specifically

requires a broadcast station licensee ``to ensure that each transmitter

operator is fully instructed and capable to perform all necessary

observations and adjustments of the transmitting system and other

associated operating duties to ensure compliance with the rules and

station authorization.'' The Commission holds the broadcast station

licensee responsible for rule violations or operation that is not in

accord with the station authorization.

4. Because permitting unattended operation represents a significant

change in the policies relating to transmitter control, the potential

ramifications should be explored thoroughly. Thus the Commission

solicits comment on whether waiving this requirement might encourage

negligence or irresponsibility on the part of certain broadcast

licensees, with the result that interference levels in the various

broadcast services might be exacerbated.

5. As an alternative to the above, the Commission seeks comment on

whether it should permit unattended operation of broadcast stations

only if they are ATS-equipped, inasmuch as such stations are required

to go off the air if operating parameters conducive to interference go

out of tolerance. Comment also is requested on whether some types of

stations (particularly directional AM stations without approved antenna

sampling systems, which are believed to be potentially the most

technically unstable type of broadcast station) should be excluded from

unattended operation under the proposed rules. The Commission suggests

that such licensees might be able to operate their stations properly in

the unattended mode with monitoring equipment which would measure and

record their directional antenna performance every three hours.

However, comment is requested on the degree to which such a requirement

is actually necessary; and if it is, to what degree these licensees can

afford to install the appropriate equipment. The Commission also asks

for comment on any other circumstances that may not lend themselves to

effective unattended station operation.

6. The Commission emphasizes that in proposing to permit unattended

operation at all or at some stations, licensees would not be precluded

from operating their stations in the attended mode, which requires that

some responsible person be in charge of the station. However, even if a

person performing the function of a duty operator is employed

optionally, the need to specify their duties in detail in our rules is

questioned, as they could vary widely from station to station. Parties

are asked to comment on the various proposals above and their

underlying assumptions, and to bring to the Commission's attention any

aspect of the proposal that may have been overlooked. Information is

also sought on benefits potentially derived by licensees from any

waiver or diminution of the operator requirements.

7. While the foregoing discussion has focused on AM, FM and TV

stations licensed under part 73 of the rules, similar flexibility is

proposed in the case of low power TV stations, which are authorized

under part 74. Additionally, comment is sought on whether it is

appropriate to consider changes to the operator requirements for

international broadcast stations authorized pursuant to subpart F of

part 73 or experimental broadcast stations authorized pursuant to

subpart A of part 74. Various rule sections concerning broadcast

auxiliary, ITFS and FM translator services refer to operators and would

need to be modified. Thus, comment is requested on whether

circumstances exist that warrant different treatment for low power TV,

international broadcasting or experimental broadcast station licensees.

In this inquiry, the Commission is cognizant that Section 318 of the

Act continues to prohibit waiver of the operator requirement where

required by international agreement or where licensed operators are

required for safety purposes. 47 U.S.C. Sec. 318. Commenters are

requested to address the implications of these statutory provisions.

8. The Commission also requests comment on the effect of its

proposal on two important responsibilities imposed on broadcast

licensees that may or may not be assigned to duty operators. Comment is

first requested on the degree to which the task of verifying that the

antenna tower lighting system is functioning properly has already been

automated and to what degree such automation is possible in view of the

goals of this proceeding. Second, comment is sought on responsibility

for monitoring for Emergency Broadcast System (EBS) alerts, logging

their receipt, and determining the appropriate response to be taken.

The current EBS system is under review in FO Docket Nos. 91-301 and 91-

171. Briefly, in a Report and Order and Further Notice of Proposed Rule

Making adopted concurrently with this Notice, the current EBS alerting

procedures will be phased out and replaced with a new Emergency Alert

System (EAS) which may be completely automated at the discretion of

each licensee. (See Report and Order and Further Notice of Proposed

Rule Making in FO Docket Nos. 91-171 and 91-301, FCC 94-288, adopted

November 10, 1994.) As new EAS equipment should be available by the

time this proceeding is completed, comment is sought on whether the

Commission needs to consider how licensees might automate the current

EBS system.

9. If a commenting party supports retention of the operator

requirement for certain functions or certain classes of stations, the

Commission requests that it be provided with information which

demonstrates that tangible benefits would derive from the retention.

10. Comment also is sought on the question of whether, for those

stations that choose to retain duty operators, the duty operator should

be required to hold an Restricted permit (R.P.) Also, several

incidental benefits, such as potentially reducing the cost of complying

with metering requirements, would result from the regulatory changes

proposed above. This proposed change would make it appropriate to

delete Sec. 73.1550, which specifies the requirements for extension

meters. This would eliminate any need for licensees to install cameras

so as to be able to view transmitter meters at a remote location--an

alternative currently permitted in lieu of using extension meters. In

addition, references to extension meters would be eliminated from

Secs. 73.53, 73.57, 73.69, 73.1230, 73.1820, and 73.1860. The

Commission additionally proposed several rule amendments aimed at

improving the rules' clarity. In eliminating these ``how to'' kinds of

requirements, licensees would still be free to employ the former

traditional transmitter monitoring techniques; but again, such a

decision should be consistent with the broader objective of monitoring

and adjusting technical parameters to ensure that stations comply with

the rules and conform to their authorizations.

11. Finally, the Commission proposes minor changes to a number of

technical or operational requirements. For example, it asks whether the

licensee should be required to provide the Commission with a name and

telephone number in case the Commission or another government agency

needs to contact the licensee promptly. The Commission also seeks

comment on the maximum time period for allowing a licensee to correct

certain out-of-tolerance conditions. Regarding, for instance, out-of-

tolerance conditions that are capable of causing interference, the

Commission proposes to apply the three-minute limit currently

applicable to ATS stations to remote and directly controlled stations.

12. The Commission often receives inquiries asking which particular

technical parameters should be monitored (and how often) in order for

the licensee to comply with the rules. To help licensees meet their

responsibility the Commission proposes that each licensee be able to

monitor and adjust its station's transmitter power and modulation

level. In addition, licensees responsible for broadcast towers that

require lighting would need to monitor such lighting. Finally, each

licensee of an AM station that changes its mode of operation during the

broadcast day would need to monitor and control such changes. Licensees

of AM stations employing directional arrays would need to be able to

monitor and control the array parameters. In the context of unattended

operation, the monitoring and control of these parameters must be

performed by equipment that would take the station off the air (if a

parameter variance capable of causing interference occurred) or else

contact some person designated by the licensee (this would appear

particularly appropriate in the case of a tower lighting failure).

13. The Commission also solicits information on carrier frequency

measurement. Specifically, on whether frequency is a parameter that ATS

systems typically control and monitor and on whether frequency

measurement should be included in the list of parameters that are

proposed to be monitored and controlled at an attended operation. The

Commission further proposes to amend its rules concerning measurement

and calibration requirements, adjustment of the transmitter, and

permissible connection methods for remote control.

Administrative Matters

14. Pursuant to applicable procedures set forth in Secs. 1.415 and

1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested

parties may file comments on or before January 20, 1995, and reply

comments on or before February 6, 1995. To file formally in this

proceeding, you must file an original plus four copies of all comments,

reply comments, and supporting comments. If you want each Commissioner

to receive a personal copy of your comments, you must file an original

plus nine copies. You should send comments and reply comments to 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), 1919 M Street NW., Washington, DC 20554.

Ex Parte

15. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in

Commission rules. See generally 47 CFR Secs. 1.1202, 1.1203 and

1.1206(a).

Comment Information

16. Pursuant to applicable procedures set forth in Secs. 1.415 and

1.419 of the Commission's Rules, interested parties may file comments

on or before January 20, 1995 and reply comments on or before February

6, 1995. To file formally in this proceeding, participants must file an

original and four copies of all comments, reply comments, and

supporting comments. If participants want each Commissioner to receive

a personal copy of their comments, an original plus nine copies must be

filed. Comments and reply comments should be sent 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) of

the Federal Communications Commission, 1919 M Street, N.W., Washington,

D.C. 20554.

17. Initial Regulatory Flexibility Act Analysis

I. Reason for Action

A revision in the Communications Act of 1934 has given the

Commission authority to waive the requirement that broadcast stations

be operated by licensed transmitter duty operators. A waiver of this

requirement would permit such stations to be operated unattended for

the first time. This proceeding explores the feasibility of such

operation. In connection with the proposed changes in transmitter

monitoring and control policy and in response to numerous inquiries

that topic, a number of other rules need updating.

II. Objectives

The proposed action is intended to update the rules to provide for

unattended broadcast station operation and to clarify the technical

responsibilities of broadcast licensees, particularly those operating

unattended stations.

III. Legal Basis

The action taken by this Notice is authorized by Sections 4(i) and

(j), 302, 202 and 403 of the Communications Act of 1924, as amended.

IV. Description, Potential Impact, and Number of Small Entities

Affected

The action proposed in this proceeding is expected to benefit

smaller broadcast licensees by eliminating the need for a transmitter

duty operator. This is expected to result in an operational cost

savings. However, taking advantage of the flexibility provided by the

proposed new rules would be entirely operational. Licensees may

continue to operate as they currently do if they so desire.

V. Recording, Record Keeping, and Other Compliance Requirements

None.

VI. Federal Rules Which Overlap, Duplicate or Conflict With This Rule

None.

VII. Any Significant Alternative Minimizing Impact on Small Entities

and Consistent With the Stated Objectives

None.

18. 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

suggested in this document. The IRFA is set forth the Appendix. 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 Initial Regulatory Flexibility

Analysis. The Secretary shall send a copy of this Notice of Proposed

Rule Making, including the Initial Regulatory Flexibility Analysis, to

the Chief Counsel for Advocacy of the Small Business Administration in

accordance with paragraph 603(a) of the Regulatory Flexibility Act

Public Law 96-354, 94 Stat. 1164, 5 U.S.C. Section 601 et seq. (1981).

List of Subjects in 47 CFR Part 73

Radio broadcasting, Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 94-30701 Filed 12-13-94; 8:45 am]

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