Broadcast Station Operator Requirements

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 94-130; FCC 95-412]

Broadcast Station Operator Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission amends its broadcast station rules to waive the

requirement that broadcast stations be supervised only by FCC-licensed

duty

[[Page 55477]]

operators. Also, a number of changes are made in the rules relating to

station control to permit licensees to operate their stations in a

completely automated, unattended mode, 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.

EFFECTIVE DATE: December 1, 1995.

FOR FURTHER INFORMATION CONTACT:

James E. McNally, Jr., Mass Media Bureau, Engineering Policy Branch,

(202) 776-1671.

SUPPLEMENTARY INFORMATION:

OMB Information Collection Notification

At the time the Notice of Proposed Rule Making (``Notice'') in the

above-entitled matter was released (59 FR 64378, December 4, 1994),

authority was sought from the Office of Management and Budget (``OMB'')

pursuant to Section 3504(h) of the Paperwork Reduction Act, for the

collection of information requested by the following existing or

proposed rule sections: 73.62, 73.691, 73.1230, 73.1300, 73.1350,

73.1570, 74.165, 74.432, 74.564, 74.664, 74.765, 74.832, 74.965 and

74.1265. OMB approval for the collection of the indicated information

has been obtained. It should be noted that most of this information has

been requested as a matter of longstanding policy. Thus, much of the

Commission's solicitation to OMB was retroactive in nature. However, in

the case of proposed Section 73.1300, the Commission elects not to

request information pertaining to contact persons responsible for

broadcast stations operating in the unattended mode. Therefore, the OMB

approval in connection with that section is moot.

This is a synopsis of the Commission's Report and Order in MM

Docket No. 94-130 adopted October 2, 1995, and released on October 23,

1995. The complete text of this Report and Order 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, 211 M St., N.W., Suite

140, Washington, D.C. 20037.

Synopsis of Report and Order

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

advances in automated transmission system 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 was taken in response to the Telecommunications Authorization

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

other things amended 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 * * *.''

3. Thus, on the basis of the revised text of Section 318 and on the

basis of the comments filed in this proceeding, the Commission waives

the requirement that broadcast stations be operated by licensed duty

operators, thereby permitting the unattended operation of broadcast

stations. Additionally, where duty operators continue to be employed on

an option basis, the requirement that they possess a radiotelephone

license (usually the Restricted Radio Telephone Operator Permit or

``RP'') also is waived. Secondarily, the Commission updates various

transmitter control requirements to make them more relevant to

unattended operation and to be responsive to commonly asked questions

concerning their interpretation. The principal matters at issue in this

proceeding are summarized below under the appropriate topical headings.

Requirements Pertaining to Unattended Operation

4. The Notice requested comments on potential impediments to the

unattended operation of broadcast stations. Specifically, it asked

whether certain types of stations should be excluded (such as

International Broadcast Stations, certain types of Broadcast Auxiliary

Stations and AM stations without approved antenna sampling systems)

from consideration fro unattended operation, and whether automated

station monitoring and control (``AMC'') or Automatic Transmission

System (``ATS'') equipment should be required for unattended operation.

On the basis of the comments, the Commission determined that all types

of broadcast stations may operate unattended and that the decision to

employ the use of AMC equipment should be left to the discretion of

licensees.

Unattended Operation and the Emergency Alert System

5. The Commission has had under development of several years a new

Emergency Alert System (``EAS'') which is intended to replace the

current Emergency Broadcast System (``EBS''). The EAS is specifically

designed to be automated whereas the EBS is not. The Notice asked

whether unattended operation of broadcast stations should be deferred

pending implementation of the EAS. The comments reflected some

differences of opinion on this issue. However, because various

difficulties in implementing the EAS have arisen, the Commission

determined that it would permit unattended operation in advance of

implementation of the EAS, provided licensees implement some effective

method of meeting their current EBS responsibilities.

Maximum Time Period for Non-Compliance Correction

6. The Notice discussed various types of broadcast out-of-tolerance

operation, their probable interference impact, and the response time in

which malfunctions should be corrected. The proposal that drew the most

attention was to replace the imprecise word ``immediate'' with the

specific time of three minutes currently used in connection with ATS-

operated stations. Generally, the proposed three-minute response time

was viewed as inappropriate, especially in the case of unattended

stations. However, a number of the comments supported retention of the

three-minute response time in the case of malfunctions with severe

interference potential, but with several hours permitted in the case of

lesser malfunctions.

7. The Commission noted that historically, it has required

licensees to react more or less immediately to transmission system

malfunctions capable of causing interference; but that this requirement

was based largely on the fact that such a response time was practical

(rather than necessary), as transmitter duty operators were always in

attendance. It further noted that while technical malfunctions do

adversely affect telecommunications and must be corrected,

comparatively few are so disruptive as to require immediate correction

or immediate

[[Page 55478]]

termination of broadcasting. Thus, the Commission agreed that the

three-minute response time was unrealistic for a general standard.

Instead, it adopted a three hour response time as the general rule,

with a further requirement that a licensee be able to terminate station

operation within three minutes if specifically requested to do so by

the Commission, to react to serious malfunctions causing harmful or

catastrophic loss of telecommunications service.

Monitoring, Measurement and Calibration Requirements

8. The Notice further explored what broadcast station technical

parameters were in need of monitoring. It suggested, as a minimum, that

transmitter power, modulation level and tower lighting status should be

monitored, as well as daytime/nighttime mode changes and antenna

relative phases and amplitudes at directional AM stations. Transmitter

operating frequency was also mentioned for consideration. The Notice

further proposed that action taken to remedy technical malfunctions be

logged, and attempted to clarify how various station operating

parameters should be measured.

9. The commenters responding to these questions unanimously

expressed the belief that monitoring transmitter frequency was

unnecessary. The proposed logging requirements were rejected as being

unnecessary and unduly regulatory. Concern was also expressed about the

measurement procedures described in the Notice. The claim was made that

they constituted a de facto tightening of current operating tolerances.

10. On the basis of the comments, the Commission concluded that the

measurement of transmitter frequency and the proposed logging

requirements were unnecessary. The Commission clarified how the

proposed rule on measurement tolerances was to be interpreted so as not

to imply any tightening of operating tolerances.

Antenna Tower Light Monitoring

11. The Notice suggested that antenna tower light monitoring could

be automated (as part of configuring a station for unattended

operation) and that such ongoing monitoring might provide for better

aviation safety than the once-a-day check currently required by the

rules as a minimal monitoring activity. The comments generally

supported this conclusion but raised some question as to who should be

notified in the event of a lighting failure--the licensee, the Federal

Aviation Administration (``FAA''), or both. The Commission concluded

that its current rules adequately regulate automated tower light

monitoring and indicated that the automated equipment should notify the

licensee about any malfunction in order to ensure prompt remedial

action. However, it said that equipment that notifies the licensee and

the FAA simultaneously of tower lighting failure could be employed

optionally.

Contact Person

12. The Notice solicited comment on the idea that the Commission

should develop a contact person database in the case of unattended

stations, so that it could contact some responsible person in the event

of a serious technical malfunction. Alternatively, it proposed that

contact information be posted at a station's transmitter site.

13. Comments on the proposed contact person database were

ambivalent about its probable efficacy and they raised a number of

collateral concerns such as privacy and reliability of maintenance.

Similar reservations were expressed about any expansion in transmitter

site posting requirements.

14. The Commission concluded that informal procedures long-used by

its enforcement personnel were sufficient in view of the additional

burdens that would be imposed by constructing and maintaining a more

formal contact person database. The Commission also decided that no

changes in current transmitter site posting requirements (which apply

only to LPTV, TV translator and TV booster stations) were required.

Transmitter and Antenna System Adjustment

15. The Notice proposed that broadcast transmission system

adjustments should only be done by the chief operator or by some other

technically competent person designated by the licensee. This proposal

received some support, but one commenter also questioned the value of

the chief operator. The commenter noted that the chief operator (like

the duty operator) only need hold the RP and is not required to have

any special training or skill, thus rendering the position meaningless.

The need for a competent on-call operator in the event of a station

malfunction was stressed.

16. The Commission determined that while chief operators will no

longer be required to hold any type of license or permit issued by the

Commission, such personnel are responsible for the proper operation of

broadcast stations and are expected to be technically competent for the

task. Eliminating such a position would appear to go outside the scope

of this proceeding, which has been oriented largely toward the roles of

license duty operators. After reviewing the current and proposed

regulations regarding technical personnel, the Commission concluded

that no new rule is needed.

Permissible Methods for Remote Transmitter Control

17. Also emphasized in the Notice was the need for licensees to

have prompt access to metering and control of their transmitters,

particularly the ability to turn the transmitter off in the event of a

malfunction (see para.6, supra). The Commission proposed to permit a

three minute delay in achieving such control, regardless of the kind of

control circuit utilized. This question was raised largely due to

uncertainty in the past over the reliability of non-dedicated, switched

telephone circuits (such as those used for ordinary voice

communication).

18. The Commission agreed with those in favor of relying on the

PSTN for transmitter control. There is no doubt that the reliability of

the PSTN is very high, and evidence that dedicated leased lines

received higher priority from the local telephone companies has not

been provided. Moreover, the Commission was not persuaded by arguments

that dedicated switched lines should be used for purposes other than

transmitter control, even if such use is expected to be small.

Therefore, the rules are being amended to permit the use of a

dedicated, switched telephone line (or number) for transmitter control

purposes, in lieu of a dedicated, continual use leased line.

Radiotelephone Operator Permit (``RP'')

19. The Notice questioned whether in cases where licensees elect to

continue attended station operation, duty operators should continue to

be required to hold the RP. The comments were nearly unanimous in

expressing the opinion that the RP serves no useful purpose and

represents an unnecessary expense. Several commenters noted that the

station licensee is the one responsible for a station's proper

operation, not the holder of an RP. However, one commenter expressed

the belief that requiring an operator license, even if only with the

minimal requirements necessary to obtain the RP, would encourage a

greater sense of responsibility, remove doubts that training for such

duties is necessary and provide a means to prevent recurrent violators

from operating broadcast stations. Another commenter reiterated

[[Page 55479]]

the last-mentioned point, indicating that while the RP is a card that

requires no knowledge to obtain, it does at least hold people

accountable to the FCC for their actions. They can be fined for their

infractions and in cases of gross neglect, lose the permit.

20. The Commission was unpersuaded that the $35 cost of an RP and

its potential for revocation constitute much of an incentive to operate

a station responsibly. The vast majority of the commenters expressed

the opinion that the RP is completely useless. As an incentive for

responsible operation, possession of the RP would appear to be less

effective than the damage to or severance of an employment relationship

that should be expected in cases of negligent operation.

21. But the fact that broadcast licensees are held primarily

responsible for the operation of their stations is the best argument

for the elimination of the RP. The Commission believes that most

licensees do attempt to procure competent technical personnel and that

having the RP is viewed as irrelevant to that process. Therefore, the

rules are being amended to delete the requirement that a station

operator possess the RP.

Other Rule Changes Recommended in the Comments

22. Several commenters recommended changes to rules either not

discussed in the Notice or not included in its Appendix. In some cases,

the rules were not included in the Appendix due to oversight, but are

logical outgrowths of this proceeding or are clerical in nature. Thus,

the Commission eliminates Section 73.757(b), which requires that a

licensed operator be in control whenever auxiliary transmitters are

placed in operation, and Section 73.1230(c), which concerns the posting

of operator licenses. Still other rule changes were suggested that go

beyond the scope of this proceeding. These included revision of Section

73.45 to eliminate the requirement of notifying the Commission about

changes in antenna resistance, common point impedance and the use of

direct reading power meters, revision of Section 73.1560 (a)(1) and (b)

to increase the upper power limit of AM and FM stations from 5% to 10%

of the value authorized and deletion of Section 73.1570(a) which

relates to minimum modulation.

23. Amendment of Sections 73.757 (which requires that a licensed

operator be present when an auxiliary transmitter is placed in

operation) and 73.1230 (which concerns the posting of operator

licenses) will be made as requested, as they were omitted in the Notice

due to oversight, are editorial in nature and are clearly within the

scope of this proceeding. Further, the Commission agreed that omission

of the substance of current Section 73.62(b) in the proposed revision

constitutes an omission that unnecessarily reduces current operational

flexibility. Therefore, Section 73.62 as adopted will retain the former

flexibility concerning operation during inclement weather.

24. The suggested amendment of Section 73.45 may be worthwhile, but

as no other parties commented on the proposal in reply comments, the

Commission concluded that the amendment should be deferred for the

present. Furthermore, the subject is expected to be discussed in

another rulemaking preceding (Notice of Proposed Rule Making in MM

Docket No. 93-177, An Inquiry into Commission Policies and Rules

Regarding AM Radio Service Directional Antenna Performance

Verification, 8 FCC Rcd 4345, (1993), 58 Fed. Reg 36184, July 6,

1993.). The recommended increase in power tolerance for AM and FM

stations appears to be unnecessary, as the Commission has no complaints

on record that the current tolerance is too stringent. Moreover, no

reply comments supported the suggestion. The comment regarding main

studio location is outside the scope of this proceeding, as more than

simply technical factors would be at issue, and they would require

further analysis in a more appropriate forum. Therefore, the Commission

concluded that no revision to Sections 73.45, 73.1125, 73.1560 and

73.1570(a) should be made at this time.

25. Final 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 Report and Order specifies the conditions relating

to such operation.

II. Objectives

The action taken herein 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 is authorized by Sections 4 (i) and (j), 302, 303

and 403 of the Communications Act of 1934, as amended.

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

The action taken 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 a significant operational cost

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

proposed new rules is entirely optional. Licensees may continue to

operate as they currently do if they so desire.

V. Recording, Record Keeping and Other Compliance Requirements

Comments directed toward the Initial Regulatory Flexibility

Analysis contained in the Notice of Proposed Rule Making (``Notice'')

were filed by Ted Miller, who complained about new recordkeeping and

other requirements proposed the Notice when the Initial Regulatory

Flexibility Analysis indicated that there were none. Strictly speaking,

Mr. Miller's assertions are correct. However, the Commission concludes

that the new recordkeeping requirements proposed in the Notice were

insignificant compared to the many other deregulatory aspects of this

proceeding. However, all of Mr. Miller's complaints and recommendations

have been accommodated and are addressed either in the text of the

attached Report and Order or in the rule appendix, so that there is in

fact no adverse regulatory impact whatsoever on smaller broadcast

licensees.

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.

List of Subjects in 47 CFR Part 73

Radio broadcasting, Reporting and recordkeeping requirements,

Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Parts 73 and 74 of Title 47 of the Code of Federal Regulations are

amended as follows:

[[Page 55480]]

PART 73--RADIO BROADCAST SERVICES

1. The authority citation for Part 73 is revised to read as

follows:

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

2. Section 73.53 is amended by revising paragraph (b)(9) to read as

follows:

Sec. 73.53 Requirements for authorization of antenna monitors.

* * * * *

(b) * * *

(9) The monitor, if intended for use by stations operating

directional antenna systems by remote control, shall be designed so

that the switching functions required by paragraph (b)(7) of this

section may be performed from a point external to the monitor, and

phase and amplitude indications be provided by external meters. The

indications of external meters furnished by the manufacturer shall meet

the specifications for accuracy and repeatability of the monitor

itself, and the connection of these meters to the monitor, or of other

indicating instruments with electrical characteristics meeting the

specifications of the monitor manufacturer shall not affect adversely

the performance of the monitor in any respect.

* * * * *

3. Section 73.57 is amended by revising paragraph (d) to read as

follows:

Sec. 73.57 Remote reading antenna and common point ammeters.

* * * * *

(d) Each remote reading ammeter shall be accurate to within 2

percent of the value read on its corresponding regular ammeter.

* * * * *

4. Section 73.62 is amended by revising paragraphs (b) and (c) to

read as follows:

Sec. 73.62 Directional antenna system tolerances.

* * * * *

(b) Whenever the operating parameters of a directional antenna

cannot be maintained within the tolerances specified in paragraph (a)

of this section, the following procedures will apply:

(1) The licensee shall measure and log every monitoring point at

least once for each mode of directional operation. Subsequent

variations in operating parameters will require the remeasuring and

logging of every monitoring point to assure that the authorized

monitoring point limits are not being exceeded.

(2) Provided each monitoring point is within its specified limit,

operation may continue for a period up to 30 days before a request for

Special Temporary Authority (STA) must be filed, pursuant to paragraph

(b)(4) of this section, to operate with parameters at variance from the

provisions of paragraph (a) of this section.

(3) If any monitoring point exceeds its specified limit, the

licensee must either terminate operation within 3 hours or reduce power

in accordance with the applicable provisions of Sec. 73.1350(d), in

order to eliminate any possibility of interference or excessive

radiation in any direction.

(4) If operation pursuant to paragraph (b)(3) of this section is

necessary, or before the 30 day period specified in paragraph (b)(2) of

this section expires, the licensee must request a Special Temporary

Authority (STA) in accordance with Sec. 73.1635 to continue operation

with parameters at variance and/or with reduced power along with a

statement certifying that all monitoring points will be continuously

maintained within their specified limits.

(5) The licensee will be permitted 24 hours to accomplish the

actions specified in paragraph (b)(1) of this section; provided that,

the date and time of the failure to maintain proper operating

parameters has been recorded in the station log.

(c) In any other situation in which it might reasonably be

anticipated that the operating parameters might vary out of tolerance

(such as planned array repairs or adjustment and proofing procedures),

the licensee shall, before such activity is undertaken, obtain an STA

in accordance with Sec. 73.1635 in order to operate with parameters at

variance and/or with reduced power as required to maintain all

monitoring points within their specified limits.

5. Section 73.69 is amended by revising paragraphs (a)(1) and

(a)(2) to read as follows:

Sec. 73.69 Antenna monitors.

(a) * * *

(1) Normally, the antenna monitor is to be installed immediately

adjacent to the transmitter and antenna phasing equipment. However, the

monitor may be located elsewhere provided that its environment is

maintained at all times within those limits under which the monitor was

type-approved.

(2) The antenna monitor installed at a station operating a

directional antenna by remote control or when the monitor is installed

in the antenna field at a distance from the transmitter, must be

designed and authorized for such use in accordance with the provisions

of Sec. 73.53(b)(9).

* * * * *

6. Section 73.691 is revised to read as follows:

Sec. 73.691 Visual modulation monitoring.

(a) Each TV station must have measuring equipment for determining

that the transmitted visual signal conforms to the provisions of this

subpart. The licensee shall decide the monitoring and measurement

methods or procedures for indicating and controlling the visual signal.

(b) In the event technical problems make it impossible to operate

in accordance with the timing and carrier level tolerance requirements

of Sec. 73.682 (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and (a)(17), a

TV broadcast station may operate at variance for a period of not more

than 30 days without specific authority from the FCC: provided that,

the date and time of the initial out-of-tolerance condition has been

entered in the station log. If the operation at variance will exceed 10

consecutive days, a notification must be sent to the FCC in Washington,

D.C., not later than the 10th day of such operation. In the event

normal operation is resumed prior to the end of the 30 day period, the

licensee must notify the FCC upon restoration of normal operation. If

causes beyond the control of the licensee prevent restoration of normal

operation within 30 days, a written request must be made to the FCC in

Washington, D.C., no later than the 30th day for such additional time

as may be necessary.

Sec. 73.75 [Amended]

7. Section 73.757 is amended by removing and reserving paragraph

(b).

Sec. 73.764 [Removed]

8. Section 73.764 is removed.

Sec. 73.1010 [Amended]

9. Section 73.1010 is amended by removing and reserving paragraph

(c).

10. Section 73.1230 is revised to read as follows:

Sec. 73.1230 Posting of station license.

(a) The station license and any other instrument of station

authorization shall be posted in a conspicuous place and in such a

manner that all terms are visible at the place the licensee considers

to be the principal control point of the transmitter.

(b) Posting of the station license and any other instruments of

authorization shall be done by affixing them to the wall at thee

posting location, or by enclosing them in a binder or folder

[[Page 55481]]

which is retained at the posting location so that the documents will be

readily available and easily accessible.

11. A new Sec. 73.1300 is added to read as follows:

Sec. 73.1300 Unattended station operation.

Broadcast stations may be operated as either attended (where a

designated person is responsible for the proper operation of the

transmitting apparatus either at the transmitter site, a remote control

point or an ATS control point) or unattended (where highly stable

equipment or automated monitoring of station operating parameters is

employed). No prior FCC approval is required to operate a station in

the unattended mode. Regardless of which method of station operation is

employed, licensees must employ procedures which will ensure compliance

with Part 11 of this chapter, the rules governing the Emergency Alert

System (EAS).

12. A new Sec. 73.1350 is added to read as follows:

Sec. 73.1350 Transmission system operation.

(a) Each licensee is responsible for maintaining and operating its

broadcast station in a manner which complies with the technical rules

set forth elsewhere in this part and in accordance with the terms of

the station authorization.

(b) The licensee must designate a chief operator in accordance with

Sec. 73.1870. The licensee may designate one or more technically

competent persons to adjust the transmitter operating parameters for

compliance with the technical rules and the station authorization.

(1) Persons so authorized by the licensee may make such adjustments

directly at the transmitter site or by using control equipment at an

off-site location.

(2) The transmitter control personnel must have the capability to

turn the transmitter off at all times. If the personnel are at a remote

location, the control system must provide this capability continuously

or must include an alternate method of acquiring control that can

satisfy the requirement of paragraph (d) of this section that operation

be terminated within 3 minutes.

(c) The licensee must establish monitoring procedures and schedules

for the station and the indicating instruments employed must comply

with Sec. 73.1215.

(1) Monitoring procedures and schedules must enable the licensee to

determine compliance with Sec. 73.1560 regarding operating power and AM

station mode of operation, Sec. 73.1570 regarding modulation levels,

and, where applicable, Sec. 73.1213 regarding antenna tower lighting,

and Sec. 73.69 regarding the parameters of an AM directional antenna

system.

(2) Monitoring equipment must be periodically calibrated so as to

provide reliable indications of transmitter operating parameters with a

known degree of accuracy. Errors inherent in monitoring equipment and

the calibration procedure must be taken into account when adjusting

operating parameters to ensure that the limits imposed by the technical

rules and the station authorization are not exceeded.

(d) In the event that a broadcast station is operating in a manner

that is not in compliance with the technical rules set forth elsewhere

in this part or the terms of the station authorization, and the

condition is not listed in paragraph (e) of this section, broadcast

operation must be terminated within three hours.

(1) Examples of conditions that require termination of operation

include excessive power or excessive modulation.

(2) Additional examples for AM stations are any mode of operation

not specified by the station license for the pertinent time of day or

hours of operation and any condition of antenna parameters or

monitoring points out of the tolerances specified elsewhere in this

part or by the station's instrument of authorization. For these

conditions, operation must be terminated within three minutes unless

antenna input power is reduced sufficiently to eliminate any excess

radiation.

(3) For AM stations using directional arrays, additional procedures

apply when array operating parameters are at variance, monitoring

points exceed specified limits, or authorized directional mode

capability is lost. See Sec. 73.62, Directional antenna system

tolerances; Sec. 73.158, Directional antenna monitoring points; and

Sec. 73.1680(b), Emergency antennas.

(e) If a broadcast station is operating in a manner that is not in

compliance with one of the following technical rules, operation may

continue if the station complies with relevant alternative provisions

in the specified rule section.

(1) AM directional antenna system tolerances, see Sec. 73.62;

(2) AM directional antenna monitoring points, see Sec. 73.158;

(3) TV visual waveform, see Sec. 73.691(b);

(4) Reduced power operation, see Sec. 73.1560(d);

(5) Reduced modulation level, see Sec. 73.1570(a);

(6) Emergency antennas, see Sec. 73.1680.

(f) The transmission system must be maintained and inspected in

accordance with Sec. 73.1580.

(g) Whenever a transmission system control point is established at

a location other than at the main studio or transmitter, notification

of that location must be sent to the FCC in Washington, D.C. within 3

days of the initial use of that point. This notification is not

required if responsible station personnel can be contacted at the

transmitter or studio site during hours of operation.

(h) The licensee must ensure that the station is operated in

compliance with Part 11 of this chapter, the rules governing the

Emergency Alert System (EAS).

13. Section 73.1400 is revised to read as follows:

Sec. 73.1400 Transmission system monitoring and control.

The licensee of an AM, FM or TV station is responsible for assuring

that at all times the station operates within tolerances specified by

applicable technical rules contained in this part and in accordance

with the terms of the station authorization. Any method of complying

with applicable tolerances is permissible. The following are typical

methods of transmission system operation:

(a) Attended operation. (1) Attended operation consists of ongoing

supervision of the transmission facilities by a station employee or

other person designated by the licensee. Such supervision may be

accomplished by either:

(i) Direct supervision and control of transmission system

parameters by a person at the transmitter site; or

(ii) Remote control of the transmission system by a person at the

main studio or other location. The remote control system must provide

sufficient transmission system monitoring and control capability so as

to ensure compliance with Sec. 73.1350.

(2) A station may also be monitored and controlled by an automatic

transmission system (ATS) that is configured to contact a person

designated by the licensee in the event of a technical malfunction. An

automatic transmission system consists of monitoring devices, control

and alarm circuitry, arranged so that they interact automatically to

operate the station's transmitter and maintain technical parameters

within licensed values.

[[Page 55482]]

(3) A hybrid system containing some remote control and some ATS

features is also permissible.

(4) In the case of remote control or ATS operation, not every

station parameter need be monitored or controlled if the licensee has

good reason to believe that its stability is so great that its

monitoring and control are unnecessary.

(b) Unattended operation. Unattended operation is either the

absence of human supervision or the substitution of automated

supervision of a station's transmission system for human supervision.

In the former case, equipment is employed which is expected to operate

within assigned tolerances for extended periods of time. The latter

consists of the use of a self-monitoring or ATS-monitored and

controlled transmission system that, in lieu of contacting a person

designated by the licensee, automatically takes the station off the air

within three hours of any technical malfunction which is capable of

causing interference.

Sec. Sec. 73.1410, 73.1500, 73.1550 [Removed]

14. Sections 73.1410, 73.1500 and 73.1550 are removed.

15. Section 73.1580 is revised to read as follows:

Sec. 73.1580 Transmission system inspections.

Each AM, FM, and TV station licensee or permittee must conduct

periodic complete inspections of the transmitting system and all

required monitors to ensure proper station operation.

16. Section 73.1635 is amended by revising paragraph (a)(5) to read

as follows:

Sec. 73.1635 Special temporary authorizations (STA).

(a) * * *

(5) Certain rules specify special considerations and procedures in

situations requiring an STA or permit temporary operation at variance

without prior authorization from the FCC when notification is filed as

prescribed in the particular rules. See Sec. 73.62, Directional antenna

system tolerances; Sec. 73.157, Antenna testing during daytime;

Sec. 73.158, Directional antenna monitoring points; Sec. 73.691, Visual

modulation monitoring; Sec. 73.1250, Broadcasting emergency

information; Sec. 73.1350, Transmission system operation; Sec. 73.1560,

Operating power and mode tolerances; Sec. 73.1570, Modulation levels:

AM, FM, and TV aural; Sec. 73.1615, Operation during modification of

facilities; Sec. 73.1680, Emergency antennas; and Sec. 73.1740, Minimum

operating schedule.

* * * * *

17. Section 73.1820 is amended by revising paragraphs (a)

introductory text, (a)(2)(iii), by removing paragraphs (b)(4), (b)(5)

and (b)(6), redesignating paragraphs (b)(7) and (b)(8) as paragraphs

(b)(4) and (b)(5), respectively and revising newly redesignated

paragraph (b)(4) to read as follows:

Sec. 73.1820 Station log.

(a) Entries must be made in the station log either manually by a

person designated by the licensee who is in actual charge of the

transmitting apparatus, or by automatic devices meeting the

requirements of paragraph (b) of this section. Indications of operating

parameters that are required to be logged must be logged prior to any

adjustment of the equipment. Where adjustments are made to restore

parameters to their proper operating values, the corrected indications

must be logged and accompanied, if any parameter deviation was beyond a

prescribed tolerance, by a notation describing the nature of the

corrective action. Indications of all parameters whose values are

affected by the modulation of the carrier must be read without

modulation. The actual time of observation must be included in each log

entry. The following information must be entered:

* * * * *

(2) * * *

(iii) Entries of the results of calibration of automatic logging

devices (see paragraph (b) of this section) or indicating instruments

(see Sec. 73.67), whenever performed.

(b) * * *

(4) In the event of failure or malfunctioning of the automatic

equipment, the person designated by the licensee as being responsible

for the log small make the required entries in the log manually at that

time;

* * * * *

Sec. 73.1860 [Removed]

18.Section 73.1860 is removed.

19. Section 73.1870 is amended by revising paragraphs (a) and

(b)(3) to read as follows:

Sec. 73.1870 Chief operators.

(a) The licensee of each AM, FM, or TV broadcast station must

designate a person to serve as the station's chief operator. At times

when the chief operator is unavailable or unable to act (e.g.,

vacations, sickness), the licensee shall designate another person as

the acting chief operator on a temporary basis.

(b) * * *

(3) The designation of the chief operator must be in writing with a

copy of the designation posted with the station license. Agreements

with chief operators serving on a contract basis must be in writing

with a copy kept in the station files.

* * * * *

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

PROGRAM DISTRIBUTIONAL SERVICES

20. 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.

Sec. 74.5 [Amended]

21. Section 74.5 is amended by removing and reserving paragraph

(c).

22. Section 74.18 is revised to read as follows:

Sec. 74.18 Transmitter control and operation.

Except where unattended operation is specifically permitted, the

licensee of each station authorized under the provisions of this part

shall designate a person or persons to activate and control its

transmitter. At the discretion of the station licensee, persons so

designated may be employed for other duties and for operation of other

transmitting stations if such other duties will not interfere with the

proper operation of the station transmission systems.

23. Section 74.165 is revised to read as follows:

Sec. 74.165 Posting of station license.

The instrument of authorization or a clearly legible photocopy

thereof shall be available at the transmitter site.

24. Section 74.432 is amended by revising paragraph (e)(1) to read

as follows:

Sec. 74.432 Licensing requirements and procedures.

* * * * *

(e) * * *

(1) The station must be designed, installed, and protected so that

the transmitter can only be activated or controlled by persons

authorized by the licensee.

* * * * *

25. Section 74.434 is amended by revising paragraph (b) to read as

follows:

Sec. 74.434 Remote control operation.

* * * * *

(b) A remote control system must be designed, installed, and

protected so that the transmitter can only be activated or controlled

by persons authorized by the licensee.

* * * * *

[[Page 55483]]

26. Section 74.436 is amended by revising paragraph (a) to read as

follows:

Sec. 74.436 Special requirements for automatic relay stations.

(a) An automatic relay station must be designed, installed, and

protected so that the transmitter can only be activated or controlled

by persons authorized by the licensee.

* * * * *

27. Section 74.533 is amended by revising paragraph (a)(2) to read

as follows:

Sec. 74.533 Remote control and unattended operation.

(a) * * *

(2) The remote control system must be designed, installed, and

protected so that the transmitter can only be activated or controlled

by persons authorized by the licensee.

* * * * *

28. Section 74.564 is amended by revising the section heading and

paragraph (a) to read as follows:

Sec. 74.564 Posting of station license.

(a) The station license and any other instrument of authorization

or individual order concerning the construction of the equipment or

manner of operation of the station shall be posted in the room in which

the transmitter is located, provided that if the station is operated by

remote control pursuant to Sec. 74.533, the station license shall be

posted at the operating position.

* * * * *

29. Section 74.634 is amended by revising paragraph (a)(1) to read

as follows:

Sec. 74.634 Remote control operation.

(a) * * *

(1) The remote control system must be designed, installed, and

protected so that the transmitter can only be activated or controlled

by persons authorized by the licensee.

* * * * *

30. Section 74.703 is amended by revising paragraph (c) to read as

follows:

Sec. 74.703 Interference.

* * * * *

(c) It shall be the responsibility of the licensee of a low power

TV, TV translator, or TV booster station to correct any condition of

interference which results from the radiation of radio frequency energy

outside its assigned channel. Upon notice by the Commission to the

station licensee that such interference is caused by spurious emissions

of the station, operation of the station shall be suspended within

three minutes and not resumed until the interference has been

eliminated. However, short test transmissions may be made during the

period of suspended operation to check the efficacy of remedial

measures.

* * * * *

31. Section 74.734 is amended by revising paragraph (a)

introductory text and removing paragraph (a)(6) to read as follows:

Sec. 74.734 Attended and unattended operation.

(a) Low power TV, TV translator, and TV booster stations may be

operated without a designated person in attendance if the following

requirements are met:

* * * * *

32. Section 74.750 is amended by revising paragraph (g) to read as

follows:

Sec. 74.750 Transmission system facilities.

* * * * *

(g) Low power TV, TV translator, or TV booster stations installing

new type accepted transmitting apparatus incorporating modulating

equipment need not make equipment performance measurements and shall so

indicate on the station license application. Stations adding new or

replacing modulating equipment in existing low power TV, TV translator,

or TV booster station transmitting apparatus must have a qualified

person examine the transmitting system after installation. This person

must certify in the application for the station license that the

transmitting equipment meets the requirements of paragraph (d)(1) of

this section. A report of the methods, measurements, and results must

be kept in the station records. However, stations installing modulating

equipment solely for the limited local origination of signals permitted

by Sec. 74.731 need not comply with the requirements of this paragraph.

Sec. 74.765 [Amended]

33. Section 74.765 is amended by removing paragraph (b) and

redesignating paragraph (c) as paragraph (b).

34. Section 74.769 is revised to read as follows:

Sec. 74.769 Copies of rules.

The licensee or permittee of a station authorized under this

subpart shall have a current copy of Volume I and Volume III of the

Commission's Rules. Each such licensee or permittee shall be familiar

with those rules relating to stations authorized under this subpart.

Copies of the Commission's rules may be obtained from the

Superintendent of Documents, Government Printing Office, Washington, DC

20402.

35. Section 74.901 is amended by revising the definitions for

``Attended operation'', ``Remote control'' and ``Unattended operation''

to read as follows:

Sec. 74.901 Definitions.

Attended operation. Operation of a station by a designated person

on duty at the place where the transmitting apparatus is located with

the transmitter in the person's plain view.

* * * * *

Remote control. Operation of a station by a designated person at a

control position from which the transmitter is not visible but where

suitable control and telemetering circuits are provided which allow the

performance of the essential functions that could be performed at the

transmitter.

* * * * *

Unattended operation. Operation of a station by automatic means

whereby the transmitter is turned on and off and performs its functions

without attention by a designated person.

36. Section 74.939 is amended by revising paragraph (i) to read as

follows:

Sec. 74.939 Special rules governing ITFS response stations.

* * * * *

(i) The transmitter of an ITFS response station may be operated

unattended. The overall performance of the ITFS response station

transmitter shall be checked as often as necessary to ensure that it is

functioning in accordance with the requirements of the Commission's

rules. The licensee of an ITFS response station is responsible for the

proper operation of the transmitter at all times. The transmitter shall

be installed and protected in such manner as to prevent tampering or

operation by unauthorized persons.

* * * * *

37. Section 74.969 is revised to read as follows:

Sec. 74.969 Copies of rules.

The licensee of an instructional television fixed station shall

have a current copy of Parts 73 and 74 of this chapter. In cases where

aeronautical hazard marking of antennas is required, such licensee

shall also have a current copy of Part 17 of this chapter. Each

licensee is expected to be familiar with the pertinent rules governing

instructional television fixed stations.

38. Section 74.1203 is amended by revising paragraph (e) to read as

follows:

Sec. 74.1203 Interference.

* * * * *

[[Page 55484]]

(e) It shall be the responsibility of the licensee of an FM

translator or FM booster station to correct any condition of

interference which results from the radiation of radio frequency energy

by its equipment on any frequency outside the assigned channel. Upon

notice by the Commission to the station licensee that such interference

is being caused, the operation of the FM translator or FM booster

station shall be suspended within three minutes and shall not be

resumed until the interference has been eliminated or it can be

demonstrated that the interference is not due to spurious emissions by

the FM translator or FM booster station; provided, however, that short

test transmissions may be made during the period of suspended operation

to check the efficacy of remedial measures.

39. Section 74.1234 is amended by revising paragraph (a)

introductory text and removing paragraph (c) to read as follows:

Sec. 74.1234 Unattended operation.

(a) A station authorized under this subpart may be operated without

a designated person in attendance if the following requirements are

met:

* * * * *

[FR Doc. 95-26699 Filed 10-3-95; 8:45 am]

BILLING CODE 6712-01-M