Implementation of Section 403(l) of the Telecommunications Act of 1996 (Silent Station Authorizations)

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[FCC 96-218]

Implementation of Section 403(l) of the Telecommunications Act of

1996 (Silent Station Authorizations)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission is implementing Section 403(l) of the

Telecommunications Act of 1996, which provides for the accelerated

expiration of broadcast station licenses upon a broadcast station's

failure to broadcast for 12 consecutive months. The action is necessary

in order to conform the Commission's rules to section 403(l) of the

Telecommunications Act, and the intended effect of the action is to

conform the rules to those statutory provisions.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Mass Media Bureau,

Audio Services Division (202) 418-2780.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order

(In the Matter of Implementation of section 403(l) of the

Telecommunications Act of 1996 (Silent Station Authorizations)),

adopted May 14, 1996, and released May 17, 1996. The complete text of

this 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, (202) 857-3800,

2100 M Street, NW, Suite 140, Washington, DC 20037.

Synopsis of Order

1. This Order implements section 403(l) of the Telecommunications

Act of 1996 (``Telecom Act'') [Pub. L. No. 104-104, 110 Stat. 56

(1996)], which adopts a new section 312(g) of the Communications Act

providing for accelerated expiration of broadcast station licenses upon

failure to broadcast for 12 consectuive months.

2. New Section 312(g) states:

If a broadcasting station fails to transmit broadcast signals

for any consecutive 12-month period, then the station license

granted for the operation of that broadcast station expires at the

end of that period, notwithstanding any provision, term, or

condition of the license to the contrary.

47 U.S.C. 312(g).

3. The Order provides that the first date of such license

expiration will be February 9, 1997. The following broadcast stations

will be affected: Commercial and noncommercial AM, FM, and TV stations,

International Broadcast Stations, Low Power Television Stations, FM and

TV Translator and Booster stations, broadcast experimental stations,

and other classes of broadcast stations that may be established in the

future. With the expiration of any AM, FM, or TV broadcasting station

license, the licensee's associated remote pickup and auxiliary stations

authorized in connection with the operation of the broadcast station

would also necessarily expire. A station's other FCC applications and

authorizations will not toll or extend the 12-month period,

notwithstanding any provision in any authorization to the contrary.

4. Administrative Matters. We are revising the rules as detailed

below without providing prior notice and an opportunity for comment. We

find that notice and comment procedures are unnecessary, and that this

action therefore falls within the ``good cause'' exception of the

Administrative Procedure Act (``APA''). See 5 U.S.C. 553(b)(B) (notice

requirements inapplicable ``when the agency for good cause * * * finds

that notice and public procedure thereon are impracticable,

unnecessary, or contrary to the public interest''). We further find for

the same reasons that good cause exists to make the rule changes

adopted herein effective upon publication of this Order in the Federal

Register. See id. at section 553(d)(3). The rule changes adopted in

this Order do not involve discretionary action by the Commission.

Rather, they simply codify provisions of the Telecom Act.

5. Effective Dates. The rules adopted in the Order will become

effective upon publication in the Federal Register. The ``clock'' for

periods of continued silence triggering automatic expiration began to

run on the date of enactment of the Telecom Act (February 8, 1996). The

first date of accelerated license

[[Page 28767]]

expiration will be 12 months later, on February 9, 1997.

6. Ordering Clause. Accordingly, it is ordered that, pursuant to

section 403(l) of the Telecommunications Act of 1996, codified as

section 312(g) of the Communications Act of 1934, as amended, 47 U.S.C.

section 312(g), parts 73 and 74 of the Commission's rules, 47 CFR part

73 and part 74 are amended as set forth below. We find good cause to

make these rule changes effective less than 30 days after publication

in the Federal Register. These changes merely modify the Commission's

rules to conform with provisions of the 1996 Act that have already

taken effect.

List of Subjects

47 CFR Part 73

Radio broadcasting, Television broadcasting.

47 CFR Part 74

Radio broadcasting, Television broadcasting.

Federal Communications Commission

LaVera F. Marshall,

Acting Secretary.

Rule Changes

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

amended as follows:

PART 73--RADIO BROADCAST SERVICES

1. The authority citation for part 73 continues to read as follows:

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

2. Section 73.561 is amended by adding a last sentence to paragraph

(d) to read as follows:

Sec. 73.561 Operating schedule; time sharing.

* * * * *

(d) * * * The license of a broadcasting station that fails to

transmit broadcast signals for any consecutive 12-month period expires

as a matter of law at the end of that period, notwithstanding any

provision, term, or condition of the license to the contrary.

* * * * *

3. Section 73.733 is revised to read as follows:

Sec. 73.733 Normal license period.

All international broadcasting station licenses will be issued so

as to expire at the hour of 3 a.m. local time and will be issued for a

normal license period of 7 years expiring November 1. However, the

license of a broadcasting station that fails to transmit broadcast

signals for any consecutive 12-month period expires as a matter of law

at the end of that period, notwithstanding any provision, term, or

condition of the license to the contrary.

4. Section 73.761 is amended by adding a last sentence to paragraph

(c) to read as follows:

Sec. 73.761 Time of operation.

* * * * *

(c) * * * The license of a broadcasting station that fails to

transmit broadcast signals for any consecutive 12-month period expires

as a matter of law at the end of that period, notwithstanding any

provision, term, or condition of the license to the contrary.

5. Section 73.1020 is amended by adding a new paragraph (c) to read

as follows:

Sec. 73.1020 Station license period.

* * * * *

(c) The license of a broadcasting station that fails to transmit

broadcast signals for any consecutive 12-month period expires as a

matter of law at the end of that period, notwithstanding any provision,

term, or condition of the license to the contrary.

6. Section 73.1615 is amended by adding a new paragraph (c)(2) to

read as follows:

Sec. 73.1615 Operation during modification of facilities.

* * * * *

(c) * * *

(2) The license of a broadcasting station that fails to transmit

broadcast signals for any consecutive 12-month period expires as a

matter of law at the end of that period, notwithstanding any provision,

term, or condition of the license or construction permit to the

contrary.

* * * * *

7. Section 73.1635 is amended by adding a last sentence to

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

Sec. 73.1635 Special temporary authorizations (STA).

(a) * * *

(4) * * * The license of a broadcasting station that fails to

transmit broadcast signals for any consecutive 12-month period expires

as a matter of law at the end of that period, notwithstanding any STA

or provision, term, or condition of the license to the contrary.

* * * * *

8. Section 73.1740 is amended by adding a new paragraph (c) to read

as follows:

Sec. 73.1740 Minimum operating schedule.

* * * * *

(c) The license of any broadcasting station that fails to transmit

broadcast signals for any consecutive 12-month period expires as a

matter of law at the end of that period, notwithstanding any provision,

term, or condition of the license to the contrary.

9. Section 73.1750 is amended by adding a last sentence to read as

follows:

Sec. 73.1750 Discontinuance of operation.

* * * The license of any broadcasting station that fails to

transmit broadcast signals for any consecutive 12-month period expires

as a matter of law at the end of that period, notwithstanding any

provision, term, or condition of the license to the contrary.

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

PROGRAM DISTRIBUTIONAL SERVICES

10. The authority citation for Part 74 continues to read as

follows:

Authority: 47 U.S.C. 154, 303, 554.

11. Section 74.15 is amended by adding a new paragraph (g) to read

as follows:

Sec. 74.15 Station license period.

* * * * *

(g) The license of an experimental broadcast station, FM translator

or FM broadcast booster, TV translator or TV broadcast booster, or low

power TV station will expire as a matter of law upon failure to

transmit broadcast signals for any consecutive 12-month period

notwithstanding any provision, term, or condition of the license to the

contrary. Further, if the license of any AM, FM, or TV broadcasting

station licensed under part 73 of this chapter expires for failure to

transmit signals for any consecutive 12-month period, the licensee's

authorizations under part 74, subparts D, E, F, and H in connection

with the operation of that AM, FM, or TV broadcasting station will also

expire notwithstanding any provision, term, or condition to the

contrary.

* * * * *

12. Section 74.112 is amended by revising paragraph (e) to read as

follows:

Sec. 74.112 Supplementary statement with application for construction

permit.

* * * * *

(e) That any authorization issued pursuant to the application may

be cancelled at any time without notice or hearing, and will expire as

a matter of law if the station fails to transmit broadcast signals for

any consecutive 12-month period, notwithstanding any provision, term,

or condition of the license to the contrary.

* * * * *

[[Page 28768]]

13. Section 74.763 is amended by revising paragraph (c) to read as

follows:

Sec. 74.763 Time of operation.

* * * * *

(c) Failure of a low power TV, TV translator, or TV booster station

to operate for a period of 30 days or more, except for causes beyond

the control of the licensee, shall be deemed evidence of

discontinuation of operation and the license of the station may be

cancelled at the discretion of the FCC. Furthermore, the station's

license will expire as a matter of law, without regard to any causes

beyond control of the licensee, if the station fails to transmit

broadcast signals for any consecutive 12-month period, notwithstanding

any provision, term, or condition of the license to the contrary.

* * * * *

14. Section 74.1263 is amended by revising paragraph (e) to read as

follows:

Sec. 74.1263 Time of operation.

* * * * *

(e) Failure of an FM translator or booster station to operate for a

period of 30 or more consecutive days, except for causes beyond the

control of the licensee or authorized pursuant to paragraph (c) of this

section, shall be deemed evidence of discontinuation of operation and

the license of the station may be cancelled at the discretion of the

Commission. Furthermore, the station's license will expire as a matter

of law, without regard to any causes beyond control of the licensee or

to any authorization pursuant to paragraph (c) of this section, if the

station fails to transmit broadcast signals for any consecutive 12-

month period, notwithstanding any provision, term, or condition of the

license to the contrary.

[FR Doc. 96-14239 Filed 6-05-96; 8:45 am]

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