Call Sign Assignments for Broadcast Stations

FEDERAL COMMUNICATIONS COMMISSION

47 CFR PARTS 73 and 74

[MM Docket No. 98-98; FCC 98-130]

Call Sign Assignments for Broadcast Stations

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this Notice of Proposed Rulemaking (NPRM), the Federal

Communications Commission proposes to modify its practices and

procedures regarding the assignment of call signs for radio and

television broadcast stations. Pursuant to these proposals, the

Commission's existing manual procedures will be replaced by an on-line

system for the electronic preparation and submission of requests for

the reservation and authorization of new and modified call signs.

DATES: Comments are due on or before August 17, 1998, and reply

comments are due on or before August 31, 1998. Written comments by the

public on the proposed information collections are due August 17, 1998.

ADDRESSES: Comments and reply comments should be sent to the Office of

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

Washington, DC 20554. In addition to filing comments with the

Secretary, a copy of any comments on the information collections

contained herein should be submitted to Judy Boley, Federal

Communications Commission, Room 234, 1919 M Street, N.W., Washington,

DC 20554, or via the Internet to [email protected], and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725-17th Street, N.W., Washington DC

20503, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: James J. Brown or Jerianne Timmerman

at (202) 418-1600. For additional information concerning the

information collections contained in this NPRM contact Judy Boley at

(202) 418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:

Synopsis of Notice of Proposed Rulemaking

In this Notice of Proposed Rulemaking (NPRM), the Federal

Communications Commission is proposing to modify its practices and

procedures regarding the assignment of call signs to radio and

television broadcast stations. Pursuant to this proposal, the

Commission's existing manual procedures will be replaced by an on-line

system for the electronic preparation and submission of requests for

the reservation and authorization of new and modified call signs.

Because the Commission believes that the new electronic call sign

reservation and authorization system will significantly improve service

to all radio and television broadcast station licensees and permittees,

the NPRM requests

[[Page 38358]]

comment on whether licensees and permittees should be required to

utilize the system to make call sign requests. However, as the

Commission is sensitive to the possible inconveniences that mandatory

use of the new electronic system could impose on certain licensees and

permittees, the NPRM also seeks comment on whether use of the on-line

system should be permissive, rather than mandatory, for certain

licensees and permittees, or whether, if mandatory, the Commission

should phase in such a requirement. The complete text of this NPRM is

available for inspection and copying during normal business hours in

the Federal Communications Commission Reference Center (Room 239), 1919

M Street, N.W., Washington, D.C., and it may be purchased from the

Commission's copy contractor, International Transcription Service,

Inc., 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800.

Paperwork Reduction Act

This NPRM contains proposed information collections subject to the

Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. It has

been submitted to the Office of Management and Budget (OMB) for review

under section 3507(d) of the PRA. The Commission, as part of its

continuing effort to reduce paperwork burdens, invites OMB, the general

public and other Federal agencies to comment on the proposed

information collections contained in this NPRM, as required by the PRA.

Public and agency comments are due at the same time as other comments

on this NPRM; OMB comments are due 60 days from date of publication of

this NPRM in the Federal Register. Comments should address: (a) whether

the proposed collection of information is necessary for the proper

performance of the functions of the Commission, including whether the

information shall have practical utility; (b) the accuracy of the

Commission's burden estimates; (c) ways to enhance the quality,

utility, and clarity of the information collected; and (d) ways to

minimize the burden of the collection of information on the

respondents, including the use of automated collection techniques or

other forms of information technology.

OMB Approval Number: 3060-0188.

Title: Call Sign Reservation and Authorization System.

Form No.: FCC 380.

Type of Review: Revision of a currently approved collection.

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

institutions, state, local or tribal government.

Number of Respondents: 1,400.

Estimated Time Per Response: 0.166 hours-0.25 hours.

Frequency of Response: On occasion reporting requirement.

Cost to Respondents: $108,500 (attorney fees).

Total Annual Burden: 291.

Needs and Uses: With the adoption of this NPRM, the Commission is

proposing to modify its practices and procedures with regard to the

assignment of call signs to radio and television broadcast stations by

implementing an on-line call sign reservation and authorization system.

The call sign reservation and authorization system would be used by

permittees, licensees or persons acting on their behalf to determine

the availability of a call sign and to request an initial call sign or

change an existing call sign.

Initial Regulatory Flexibility Act Analysis

1. As required by the Regulatory Flexibility Act (RFA) (see 5

U.S.C. 603), the Commission has prepared this present Initial

Regulatory Flexibility Analysis (IRFA) of the possible significant

economic impact on small entities by the policies and rules proposed in

this NPRM. Written public comments are requested on this IRFA. Comments

must be identified as responses to the IRFA and must be filed by the

deadlines for comments of the NPRM. The Office of Public Affairs,

Reference Operations Division will send a copy of the NPRM, including

this IRFA, to the Chief Counsel for Advocacy of the Small Business

Administration. See 5 U.S.C. 603(a).

2. Need For and Objectives of the Proposed Rules. With this NPRM,

the Commission commences a proceeding to modify its procedures

regarding the assignment of call signs for radio and television

broadcast stations. By replacing its existing manual procedures with a

new on-line system for the electronic preparation and submission of

requests for new and modified call signs, the Commission will enhance

the speed and certitude of radio and television broadcast station call

sign assignments, while at the same time conserving Commission

resources. The proposed implementation of the on-line call sign system

will serve the Commission's goals of improving service to all broadcast

stations licensees and permittees and maximizing efficiency in the use

of Commission resources. This review is taken in conjunction with the

Commission's 1998 biennial regulatory review. Although Congress did not

mandate this area of review, the Commission nonetheless undertakes it

to assure that its rules and processes are no more regulatory than

necessary to achieve Commission goals.

3. Legal Basis. Authority for the actions proposed in this NPRM may

be found in sections 4(i), 4(j) and 303 of the Communications Act of

1934, as amended, 47 U.S.C. 154(i), 154(j) and 303.

4. Description and Estimate of the Number of Small Entities to

Which the Proposed Rules Will Apply. Under the RFA, small entities may

include small organizations, small businesses, and small governmental

jurisdictions. 5 U.S.C. 601(6). The RFA, 5 U.S.C. 601(3), generally

defines the term ``small business'' as having the same meaning as the

term ``small business concern'' under the Small Business Act, 15 U.S.C.

632. A small business concern is one which: (1) is independently owned

and operated; (2) is not dominant in its field of operation; and (3)

satisfies any additional criteria established by the Small Business

Administration (SBA). Pursuant to 5 U.S.C. 601(3), the statutory

definition of a small business applies ``unless an agency after

consultation with the Office of Advocacy of the SBA and after

opportunity for public comment, establishes one or more definitions of

such term which are appropriate to the activities of the agency and

publishes such definition(s) in the Federal Register.'' 1

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\1\ We tentatively believe that the SBA's definition of ``small

business'' greatly overstates the number of radio and television

broadcast stations that are small businesses and is not suitable for

purposes of determining the impact of the proposals in this NPRM on

small television and radio stations. For purposes of this NPRM,

however, we will utilize the SBA's definition in determining the

number of small businesses to which the proposed rules would apply.

We reserve the right to adopt a more suitable definition of ``small

business'' as applied to radio and television broadcast stations

subject to the proposed rules in this NPRM, and to consider further

in the future the issue of the number of radio and television

broadcasters that are small entities.

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5. The proposed rules and policies will apply to television

broadcasting licensees and permittees and radio broadcasting licensees

and permittees. The Small Business Administration defines a television

broadcasting station that has no more than $10.5 million in annual

receipts as a small business. Television broadcasting stations consist

of establishments primarily engaged in broadcasting visual programs by

television to the public, except cable and other pay television

services.

[[Page 38359]]

Included in this industry are commercial, religious, educational, and

other television stations. Also included are establishments primarily

engaged in television broadcasting and which produce taped television

program materials. Separate establishments primarily engaged in

producing taped television program materials are classified under

another SIC number. There were 1,509 television stations operating in

the nation in 1992. That number has remained fairly steady as indicated

by the approximately 1,569 operating television stations in the nation

as of January 31, 1998. For 1992, the number of television stations

that produced less than $10.0 million in revenue was 1,155

establishments.

6. Additionally, the Small Business Administration defines a radio

broadcasting station that has no more than $5 million in annual

receipts as a small business. A radio broadcasting station is an

establishment primarily engaged in broadcasting aural programs by radio

to the public. Included in this industry are commercial, religious,

educational, and other radio stations. Radio broadcasting stations that

primarily are engaged in radio broadcasting and that produce radio

program materials are similarly included. However, radio stations that

are separate establishments and are primarily engaged in producing

radio program material are classified under another SIC number. The

1992 Census indicates that 96% (5,861 of 6,127) radio station

establishments produced less than $5 million in revenue in 1992.

Official Commission records indicate that 11,334 individual radio

stations were operating in 1992. As of January 31, 1998, official

Commission records indicate that 12,241 radio stations were operating,

of which 7,488 were FM stations.

7. Thus, the proposed rules will affect many of the approximately

1,569 television stations, approximately 1,208 of which are considered

small businesses. Additionally, the proposed rules will affect some of

the 12,241 radio stations, approximately 11,751 of which are small

businesses. These estimates may overstate the number of small entities

since the revenue figures on which they are based do not include or

aggregate revenues from non-television or non-radio affiliated

companies.

8. Description of Projected Recording, Recordkeeping, and Other

Compliance Requirements. The measures proposed in the NPRM would reduce

the burdens on broadcast station licensees and permittees applying for

or requesting a change in their station call signs. The proposal to

replace the current manual call sign assignment process with an

entirely electronic system would reduce the overall administrative

burden upon both broadcast licensees and the Commission. Given the

expected benefits of the new electronic system, we seek comment on

whether to require all broadcast licensees and permittees to utilize

the system to make call sign requests, and also seek comment as to

whether to do so on a phased-in basis. We note that such a phased-in

procedure has been used elsewhere with regard to electronic filing of

applications so as to benefit small businesses. We believe that

utilization of the new on-line system will, among other things,

increase the speed and certitude of the call sign assignment process,

conserve Commission resources, and aid licensees and permittees by

informing them of errors in their call sign requests before they are

actually sent. The measures proposed in the NPRM do not alter the

Commission's current rules and policies regarding call signs (such as

what constitutes a valid call sign), but modify the procedures by which

call signs are assigned.

9. Steps Taken to Minimize Significant Economic Impact on Small

Entities and Significant Alternatives Considered. This NPRM solicits

comments regarding the implementation of the Mass Media Bureau's new

on-line call sign reservation system. Given the expected benefits of

the new electronic system for both broadcast station licensees and the

Commission, we seek comment on whether all broadcast licensees and

permittees should be required to utilize the system for reserving call

signs. We also ask for comment on other alternatives, including

exempting certain licensees and permittees (such as small entities)

from a requirement to use the electronic system or providing for a

phase-in period before mandating use of the new system. Any significant

alternatives presented in the comments will be considered.

10. Federal Rules that Overlap, Duplicate, or Conflict with the

Proposed Rules. The initiatives and proposed rules raised in this

proceeding do not overlap, duplicate or conflict with any other rules.

11. Comments and Reply Comments. Pursuant to applicable procedures

set forth in sections 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

August 17, 1998 and reply comments on or before August 31, 1998. To

file formally in this proceeding, you must file an original plus six

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 eleven copies. You should send comments and

reply comments to the Office of the Secretary, Federal Communications

Commission, 1919 M Street, N.W., Washington, DC 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,

Washington, DC 20554. In addition to filing comments with the

Secretary, a copy of any comments on the information collections

contained herein should be submitted to Judy Boley, Federal

Communications Commission, Room 234, 1919 M Street, N.W., Washington,

DC 20554, or via the Internet to [email protected], and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC

20503 or via the Internet to [email protected].

12. Ex parte Rules. This proceeding will be treated as a ``permit-

but-disclose'' proceeding subject to the ``permit-but-disclose''

requirements under section 1.1206(b) of the rules. See 47 CFR

1.1206(b), as revised. Ex parte presentations are permissible if

disclosed in accordance with the Commission's rules, except during the

Sunshine Agenda period when presentations, ex parte or otherwise, are

generally prohibited. Persons making oral ex parte presentations are

reminded that a memorandum summarizing a presentation must contain a

summary of the substance of the presentation and not merely a listing

of the subjects discussed. More than a one or two-sentence description

of the views and arguments presented is generally required. See 47 CFR

1.1206(b)(2), as revised. Additional rules pertaining to oral and

written presentations are set forth in section 1.1206(b).

13. Authority for issuance of this NPRM contained in sections 4(i),

4(j) and 303 of the Communications Act of 1934, as amended, 47 U.S.C.

154(i), 154(j) and 303.

List of Subjects in 47 CFR parts 73 and 74

Radio broadcasting, Reporting and recordkeeping requirements,

Television broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Proposed Rule Changes

For the reasons discussed in the preamble, parts 73 and 74 of Title

47 of

[[Page 38360]]

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, and 336.

2. Section 73.3550 is revised to read as follows:

Sec. 73.3550 Requests for new or modified call sign assignments.

(a) All requests for new or modified call sign assignments for

radio and television broadcast stations shall be made via the FCC's on-

line call sign reservation and authorization system accessible through

the Internet's World Wide Web by specifying http://www.fcc.gov.

Licensees and permittees may utilize this on-line system to determine

the availability and licensing status of any call sign; to select an

initial call sign for a new station; to change a station's currently

assigned call sign; to modify an existing call sign by adding or

deleting an ``-FM'' or ``-TV'' suffix; to exchange call signs with

another licensee or permittee in the same service; or to reserve a

different call sign for a station being transferred or assigned.

(b) No request for an initial call sign assignment will be accepted

from a permittee for a new radio or full-service television station

until the FCC has granted a construction permit. Each such permittee

shall request the assignment of its station's initial call sign

expeditiously following the grant of its construction permit. All

initial construction permits for low power TV stations will be issued

with a five-character low power TV call sign, in accordance with

Sec. 74.783(d).

(c) Following the filing of a transfer or assignment application,

the proposed assignee/transferee may request a new call sign for the

station whose license or construction permit is being transferred or

assigned. No change in call sign assignment will be effective until

such transfer or assignment application is granted by the FCC and

notification of consummation of the transaction is received by the FCC.

(d) Where an application is granted by the FCC for transfer or

assignment of the construction permit or license of a station whose

existing call sign conforms to that of a commonly-owned station not

part of the transaction, the new licensee of the transferred or

assigned station shall expeditiously request a different call sign,

unless consent to retain the conforming call sign has been obtained

from the primary holder and from the licensee of any other station that

may be using such conforming call sign.

(e) Call signs beginning with the letter ``K'' will not be assigned

to stations located east of the Mississippi River, nor will call signs

beginning with the letter ``W'' be assigned to stations located west of

the Mississippi River.

(f) Only four-letter call signs (plus an LP suffix or FM or TV

suffixes, if used) will be assigned.

However, subject to the other provisions of this section, a call

sign of a station may be conformed to a commonly owned station holding

a three-letter call sign assignment (plus FM, TV or LP suffixes, if

used).

(g) Subject to the foregoing limitations, applicants may request

call signs of their choice if the combination is available. Objections

to the assignment of requested call signs will not be entertained at

the FCC. However, this does not hamper any party from asserting such

rights as it may have under private law in some other forum. Should it

be determined by an appropriate forum that a station should not utilize

a particular call sign, the initial assignment of a call sign will not

serve as a bar to the making of a different assignment.

(h) Stations in different broadcast services (or operating jointly

in the 535-1605 kHz band and in the 1605-1705 kHz band) which are under

common control may request that their call signs be conformed by the

assignment of the same basic call sign if that call sign is not being

used by a non-commonly owned station. For the purposes of this

paragraph, 50% or greater common ownership shall constitute a prima

facie showing of common control.

(i) The provisions of this section shall not apply to International

broadcast stations or to stations authorized under Part 74 of the rules

(except as provided in Sec. 74.783 of this chapter).

(j) A change in call sign assignment will be made effective on the

date specified in the postcard acknowledging the assignment of the

requested new call sign and authorizing the change. Unless the

requested change in call sign assignment is subject to a pending

transfer or assignment application, the requester is required to

include in its on-line call sign request a specific effective date to

take place within 45 days of the submission of its electronic call sign

request. Postponement of the effective date will be granted only in

response to a timely request and for only the most compelling reasons.

(k) Four-letter combinations commencing with ``W'' or ``K'' which

are assigned as call signs to ships or to other radio services are not

available for assignment to broadcast stations, with or without the ``-

FM'' or ``-TV'' suffix.

(l) Users of nonlicensed, low-power devices operating under Part 15

of the FCC rules may use whatever identification is currently desired,

so long as propriety is observed and no confusion results with a

station for which the FCC issues a license.

(m) Where a requested call sign, without the ``-FM,'' ``-TV'' or

``-LP'' suffix, would conform to the call sign of any other non-

commonly owned station(s) operating in a different service, an

applicant utilizing the on-line reservation and authorization system

will be required to certify that consent to use the secondary call sign

has been obtained from the holder of the primary call sign.

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

PROGRAM DISTRIBUTIONAL SERVICES

3. The authority citation for part 74 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307, and 554.

4. Section 74.783 is amended by revising paragraph (e) to read as

follows:

Sec. 74.783 Station identification.

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(e) Low power TV permittees or licensees may request that they be

assigned four-letter call signs in lieu of the five-character alpha-

numeric call signs described in paragraph (d) of this section. Parties

requesting four-letter call signs are to follow the procedures

delineated in Sec. 73.3550. Such four-letter call signs shall begin

with K or W; stations west of the Mississippi River will be assigned an

initial letter K and stations east of the Mississippi River will be

assigned an initial letter W. The four-letter call sign will be

followed by the suffix ``-LP.''

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[FR Doc. 98-18887 Filed 7-15-98; 8:45 am]

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