47 CFR 73.860 - Cross-ownership.

In this document, the Commission modifies its rules in order to implement provisions of the Local Community Radio Act of 2010 (“LCRA”). It also proposes changes to its rules intended to promote the low power FM service's localism and diversity goals, reduce the potential for licensing abuses, and clarify certain rules.

The Audio Division, at the request of Appalachian Broadcasting Company, Inc., allots Channel 265A at Maysville, Georgia, as the community's second local service. A staff engineering analysis confirms that Channel 265A can be allotted to Maysville consistent with the minimum distance separation requirements of the Rules with a site restriction 13.4 kilometers (8.3 miles) northwest of the community. The reference coordinates for Channel 265A at Maysville are 34-20-16 NL and 83-39-52 WL.

This document grants the Petitions for Reconsideration filed separately by Modesto Peace/Life Center (“MPLC”) and Calvary Chapel of Turlock, Inc. (“CCT”), reinstates the applications, File Nos. BNPED-20100224ABX and BNPED-20100226AGO, respectively, nunc pro tunc, and re-reserves Channel 238A at Westley, California for noncommercial educational use.

The Audio Division, at the request of Georgia-Carolina Radiocasting Company, LLC, allots FM Channel 287A and deletes FM Channel 244A at Tignall, Georgia. The allotment change is part of a hybrid rule making and FM application proposal. Channel 287A can be allotted at Tignall, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 33-45-22 NL and 82-42-56 WL.

In this document, the Commission acts on six petitions for reconsideration of the Fourth Report and Order, challenging the per-market and/or the national caps adopted in the Fourth Report and Order in this proceeding. In response to the petitions for reconsideration, the Commission modifies the national cap to allow each applicant to pursue up to 70 applications, so long as no more than 50 of them are in the spectrum-limited radio markets identified in the Fourth Report and Order; increases the per-market cap for spectrum-limited markets to allow up to three applications per applicant for each market, subject to certain conditions; and clarifies the application of the per-market cap in “embedded” markets.

In this document, the Commission denied four of six Petitions for Reconsideration, Petitions for Partial Reconsideration, and Petitions for Clarification of the Second Report and Order (Second R&O) in this proceeding, granting in part and denying in part two of the petitions. The Commission clarified some of the methodology to be used in applying the new rules and procedures in the Second R&O, in particular the method of counting reception services in service gain and loss areas, to assist applicants and allotment proponents in accurately applying the new rules and procedures. The Commission also further restricted the categories of applicants and allotment proponents to whom the new rules and procedures apply, finding that equitable considerations supported such restrictions. In addition to restrictions set forth in the Second R&O, the new rules will not apply to applications and allotment proposals filed before the new rules were proposed, or to those applications and proposals that have already been subject to Commission decisions, but that remain pending due to subsequent legal challenges.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements (form revisions) associated with the Commission's rules contained in the Third Report and Order, FCC 11-190, pertaining to the policies to promote rural radio service and to streamline allotment and assignment procedures. This notice is consistent with the Third Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of these information collection requirements (form changes).

The Audio Division modified the FM Table of Allotments by substituting Channel 293A for vacant Channel 291A at Knox City, Texas; Channel 288C2 for vacant Channel 239C2 at Rule, Texas; Channel 255C3 for vacant Channel 293C3 at Crowell, Texas; and Channel 251C3 for vacant Channel 255C3 at Quanah, Texas. Channel 255C3 can be allotted to Crowell, Texas at reference coordinates 34-03-58 NL and 99-43-52 WL, at a site 9.2 km (5.7 miles) north of Crowell. Channel 293A can be allotted to Knox City, Texas at reference coordinates 33-25-55 NL and 99-47-43 WL, at a site 2.7 km (1.6 miles) northeast of Knox City. Channel 251C3 can be allotted at Quanah, Texas at reference coordinates 34-24-09 NL and 99-46-02 WL, at a site 11.9 km (7.4 miles) north of Quanah. Channel 288C2 can be allotted at Rule, Texas at reference coordinates 33-10-29 NL and 99-49-26 WL, at a site 6.6 km (4.1 miles) east of Rule. See SUPPLEMENTARY INFORMATION, supra.

The Audio Division, at the request of Sound Enterprises, substitutes Channel 275A for vacant Channel 271A at Randsburg, California to accommodate the hybrid contingent application for Station KSSI (FM), requesting to upgrade the facilities of the FM station from Channel 274A to Channel 271B1 at China Lake, California. A staff engineering analysis determines that Channel 275A can be allotted to Randsburg consistent with the minimum distance separation requirements of the Rules with a site restriction 0.04 kilometers (0.03 miles) southeast of the community. The reference coordinates for Channel 275A at Randsburg are 35-22-06 NL and 117-39-25 WL.

This document sets forth a proposal to amend the FM Table of Allotments, § 73.202(b) of the Commission's rules. The Commission requests comment on a petition filed by the Hualapai Tribe, proposing to amend the Table of Allotments by allotting Channel 265A at Peach Springs, Arizona, as a Tribal Allotment. Channel 265A would constitute a first tribal allotment and a second potential service at Peach Springs. Channel 265A can be allotted at Peach Springs, Arizona, in compliance with the Commission's minimum distance separation requirements at 35-33-17 NL and 113-23-41 WL. See Supplementary Information infra.

The Commission seeks comment on whether to collect information from holders of equity interests in a licensee that would be attributable but for the single majority shareholder exemption and from holders of interests that would be attributable but for the higher EDP thresholds adopted in the Diversity Order, published May 16, 2008, for purposes of determining attribution of certain interests in eligible entities.

In this document, the Commission modifies its rules in order to implement provisions of the Local Community Radio Act of 2010 (“LCRA”). It also proposes changes to its rules intended to promote the low power FM service's localism and diversity goals, reduce the potential for licensing abuses, and clarify certain rules.

The Audio Division, at the request of Appalachian Broadcasting Company, Inc., allots Channel 265A at Maysville, Georgia, as the community's second local service. A staff engineering analysis confirms that Channel 265A can be allotted to Maysville consistent with the minimum distance separation requirements of the Rules with a site restriction 13.4 kilometers (8.3 miles) northwest of the community. The reference coordinates for Channel 265A at Maysville are 34-20-16 NL and 83-39-52 WL.

This document grants the Petitions for Reconsideration filed separately by Modesto Peace/Life Center (“MPLC”) and Calvary Chapel of Turlock, Inc. (“CCT”), reinstates the applications, File Nos. BNPED-20100224ABX and BNPED-20100226AGO, respectively, nunc pro tunc, and re-reserves Channel 238A at Westley, California for noncommercial educational use.

The Audio Division, at the request of Georgia-Carolina Radiocasting Company, LLC, allots FM Channel 287A and deletes FM Channel 244A at Tignall, Georgia. The allotment change is part of a hybrid rule making and FM application proposal. Channel 287A can be allotted at Tignall, consistent with the minimum distance separation requirements of the Commission's rules, at coordinates 33-45-22 NL and 82-42-56 WL.

This document sets forth a proposal to amend the FM Table of Allotments, Section 73.202(b) of the Commission's rules. The Commission requests comment on a petition filed by Cochise Media Licenses, LLC, proposing to amend the Table of Allotments by allotting FM Channel 229C3 as a first local service at Dove Creek, Colorado. Channel 229C3 can be allotted at Dove Creek, Colorado, in compliance with the Commission's minimum distance separation requirements, at the proposed reference coordinates: 37-48-05 North Latitude and 108-59-33 West Longitude. See SUPPLEMENTARY INFORMATION infra.

The Media Bureau extends the deadline for filing comments and reply comments on the Notice of Proposed Rulemaking (“NPRM”) in this proceeding which was published in the Federal Register on November 21, 2012. The extension will provide commenters with sufficient time to prepare comments and reply comments in response to the NPRM.

In this document, the Commission acts on six petitions for reconsideration of the Fourth Report and Order, challenging the per-market and/or the national caps adopted in the Fourth Report and Order in this proceeding. In response to the petitions for reconsideration, the Commission modifies the national cap to allow each applicant to pursue up to 70 applications, so long as no more than 50 of them are in the spectrum-limited radio markets identified in the Fourth Report and Order; increases the per-market cap for spectrum-limited markets to allow up to three applications per applicant for each market, subject to certain conditions; and clarifies the application of the per-market cap in “embedded” markets.

In this document, the Commission denied four of six Petitions for Reconsideration, Petitions for Partial Reconsideration, and Petitions for Clarification of the Second Report and Order (Second R&O) in this proceeding, granting in part and denying in part two of the petitions. The Commission clarified some of the methodology to be used in applying the new rules and procedures in the Second R&O, in particular the method of counting reception services in service gain and loss areas, to assist applicants and allotment proponents in accurately applying the new rules and procedures. The Commission also further restricted the categories of applicants and allotment proponents to whom the new rules and procedures apply, finding that equitable considerations supported such restrictions. In addition to restrictions set forth in the Second R&O, the new rules will not apply to applications and allotment proposals filed before the new rules were proposed, or to those applications and proposals that have already been subject to Commission decisions, but that remain pending due to subsequent legal challenges.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection requirements (form revisions) associated with the Commission's rules contained in the Third Report and Order, FCC 11-190, pertaining to the policies to promote rural radio service and to streamline allotment and assignment procedures. This notice is consistent with the Third Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of these information collection requirements (form changes).

In the Notice of Proposed Rulemaking, “Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions” ( NPRM ), released October 2, 2012, the Commission considers matters related to the implementation of Congress's mandate to conduct an incentive auction of broadcast television spectrum as set forth in the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act).

The Audio Division modified the FM Table of Allotments by substituting Channel 293A for vacant Channel 291A at Knox City, Texas; Channel 288C2 for vacant Channel 239C2 at Rule, Texas; Channel 255C3 for vacant Channel 293C3 at Crowell, Texas; and Channel 251C3 for vacant Channel 255C3 at Quanah, Texas. Channel 255C3 can be allotted to Crowell, Texas at reference coordinates 34-03-58 NL and 99-43-52 WL, at a site 9.2 km (5.7 miles) north of Crowell. Channel 293A can be allotted to Knox City, Texas at reference coordinates 33-25-55 NL and 99-47-43 WL, at a site 2.7 km (1.6 miles) northeast of Knox City. Channel 251C3 can be allotted at Quanah, Texas at reference coordinates 34-24-09 NL and 99-46-02 WL, at a site 11.9 km (7.4 miles) north of Quanah. Channel 288C2 can be allotted at Rule, Texas at reference coordinates 33-10-29 NL and 99-49-26 WL, at a site 6.6 km (4.1 miles) east of Rule. See SUPPLEMENTARY INFORMATION, supra.

This document requests comments on a petition for rulemaking filed by Appalachian Broadcasting Company, Inc., proposing the allotment of Channel 265A at Maysville, Georgia, as the community's second local FM transmission service. A staff engineering analysis indicates that Channel 265A can be allotted to Maysville consistent with the minimum distance separation requirements of the Rules with a site restriction 13.4 kilometers (8.3 miles) northwest of the community. The reference coordinates are 34-20-16 NL and 83-39-52 WL.

This document sets forth a proposal to amend the FM Table of Allotments. The Commission requests comment on a petition filed by Navajo Technical College, proposing to amend the Table of Allotments by allotting Channel 297A at Crownpoint, New Mexico, as a Tribal Allotment. Channel 297A would constitute a first local service at Crownpoint. Channel 297A can be allotted at Crownpoint, New Mexico, in compliance with the Commission's minimum distance separation requirements with a site restriction of 0.9 km (0.58 miles) northeast of Crownpoint, at 35-41-07 North Latitude and 108-08-43 West Longitude. See Supplementary Information infra.