Comment Sought on Processing Order for Applications Filed Pursuant to the Commission's New Local Broadcast Ownership Rules

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 91-221, 87-8; FCC 99-240]

Comment Sought on Processing Order for Applications Filed

Pursuant to the Commission's New Local Broadcast Ownership Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks comment on how to resolve conflicts

resulting from two or more applications being filed on the same day

relating to stations in the same market pursuant to new rules in the

local broadcast ownership proceeding. The intended effect is to

determine a sufficient and fair method in determining the order in

which applications filed on the same day will be processed.

DATES: Comments must be filed on or before October 4, 1999. Reply

comments must be filed on or before October 12, 1999.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW, Room

TW-A306, 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 Vicki Phillips, Chief, Legal

Branch, Policy and Rules Division, Mass Media Bureau. Alternatively,

comments may also be filed by using the Commission's Electronic Comment

Filing System (ECFS), via the Internet to http://www.fcc.gov.e-file/

ecfs.html.

FOR FURTHER INFORMATION CONTACT: Vicki Phillips, (202) 418-2120, Policy

and Rules Division, Mass Media Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public

Notice, FCC 99-240, adopted September 8, 1999 and released September 9,

1999. The full text of the Commission's Public Notice is available for

inspection and copying during normal business hours in the FCC Docket

Branch (Room TW-A306), 445 12 St. S.W., Washington, D.C. The complete

text of this Notice may also be purchased from the Commission's copy

contractor, International Transcription Services (202) 857-3800, 1231

20th St., N.W., Washington, D.C. 20036. It is also available on the

Commission's web page at www.fcc.gov/Bureaus/Mass__Media/

Public__Notices/fcc99240.txt. This Proposed Rule is being republished

because it was inadvertently published under the ``Notices'' rather

than the

[[Page 52757]]

``Proposed Rules'' section in the Federal Register, (64 FR 50668,

September 17, 1999). The dates for filing comments and replies have not

changed.

Synopsis of the Proposed Notice

1. By this Public Notice, the Commission requests supplemental

comment in MM Docket Numbers 91-221 and 87-8 on procedures for

processing applications filed pursuant to the Local Ownership Order

adopted in the local broadcast ownership proceeding on August 5, 1999

(64 FR 50651, September 17, 1999). In that Order, we stated that

``[a]applications filed pursuant to this Report and Order will not be

accepted by the Commission until the effective date'' of the Order,

which will be sixty days after publication in the Federal Register. We

also said: ``We realize that the rules adopted in this Report and Order

could result in two or more applications being filed on the same day

relating to stations in the same market and that due to the voice count

all applications might not be able to be granted. We will address how

to resolve such conflicts in a subsequent action.'' This Notice seeks

comment on how to resolve such conflicts.

2. Ordinarily, we would process these applications in the order in

which they are filed. Generally, however, we treat broadcast

applications filed on the same day as being filed simultaneously,

regardless of the time of filing. Under the commission's new local

ownership rules, as we noted in the Local Ownership Order, we

anticipate that applications for transfer or assignment might be filed

on the same day relating to stations in the same market that will not

all be able to be granted due to the voice counts that apply to the

local ownership rules. The order in which the applications are

processed would thus be determinative in these situations. Similar

issues could arise in the radio-television cross ownership rule

context, in situations in which grant of one application will bring the

voice count down to ten or twenty, such that certain other applications

relying on the minimum voice count for compliance with the rule could

not be granted.

3. We believe that the most prudent, easy to administer, and fair

method for determining the order in which applications filed on the

same day will be processed is by random selection. Under this

procedure, each potentially conflicting applicant in a market would be

assigned a random number which would be determined by use of one or

more forced-air blowers each containing numbered ping-pong balls. The

applications would then be processed in ascending order based upon

their randomly assigned numbers.

4. We thus seek comment on the use of random selection to determine

processing order, as well as on any alternatives, such as auctions or

first-come, first-served, that are both fair and easy to administer. We

also seek comment on when the lotteries, if they are implemented,

should be held relative to the filing of applications.

5. Because of timing concerns, we also anticipate that the rules

adopted will be made effective upon publication in the Federal Register

(see 5 U.S.C. 553(d)(3) (exception to 30-day effective date period for

good cause).

6. Filing of Comments and Reply Comments. Pursuant to Secs. 1.415

and 1.419 of the commission's rules, 47 CFR 1.415, 1.419, interested

parties may file comments on or before October 4, 1999. Reply comments

must be filed on or before October 12, 1999. Comments may be filed

using the Commission's Electronic Comment Filing System (ECFS) or by

filing paper copies. See Electronic Filing of Documents in Rulemaking

Proceedings, 63 FR 24121 (May 1, 1998).

7. Comments filed through the ECFS can be sent as an electronic

file via the Internet to http://www.fcc.gov/e-file/ecfs.html>. In

completing the transmittal screen, commenters should include their full

name, Postal Service mailing address, and the applicable docket or

rulemaking number. Parties may submit an electronic comment by Internet

e-mail. To get filing instructions for e-mail comments, commenters

should send an e-mail to [email protected], and should include the following

words in the body of the message, ``get form .'' A

sample form and directions will be sent in reply.

8. Parties who choose to file by paper must file an original and

four copies of each filing. All filings must be sent to the

Commission's Secretary, Magalie Roman Salas, Office of the Secretary

TW-A306, Federal Communications Commission, 445 12th Street, S.W.,

Washington, D.C. 20554. The Mass Media Bureau contact for this

proceeding is Vicki Phillips at (202) 418-2120.

9. Comments and reply comments will be available for public

inspection during regular business hours in the FCC Reference Center

(Room CY-A257) 445 12th Street, N.W., Washington, D.C. 20554.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 99-25450 Filed 9-29-99; 8:45 am]

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