47 CFR Part 73 - RADIO BROADCAST SERVICES

This Notice of Proposed Rulemaking ( NPRM ) initiates a comprehensive review of the national television audience reach cap, including the UHF discount used by broadcasters to determine compliance with the cap. The national cap limits entities from owning or controlling television stations that, together, reach more than 39 percent of the television households in the country. The NPRM asks questions about whether a cap is still needed and what public interest goals it would promote, where the cap should be set if still needed, and how compliance with the cap should be calculated, including the question of whether the UHF discount should be eliminated. The Notice also invites comment on the Commission's legal authority to take such actions.

The Audio Division dismisses the petition for rulemaking filed by N Content Marketing, LLC (Petitioner), proposing to amend the FM Table of Allotments, by allotting Channel 246C2 at Gaylord, Michigan. Petitioner did not file comments expressing a continuing interest in the proposed Gaylord allotment. It is the Commission's policy to refrain from making an allotment to a community absent an expression of interest. Roy E. Henderson and Great Northern Broadcasting, Inc., jointly (Joint Counterpropsal), as well as Smile FM, separately, submitted counterproposals. The Joint Counterproposal is dismissed and Smile FM is given the opportunity to file its counterproposal as a petition for rulemaking within 60 days for consideration in a new proceeding. We will not allot Channel 246C2 at Gaylord, Michigan.

The Federal Communications Commission (FCC) is correcting an announcement of effective date for a final rule that appeared in the Federal Register on December 18, 2017. In the last sentence of the Supplementary Information section of that document, the stated effective date of January 8, 2017 should have been January 8, 2018.

In this document, we seek further comment on issues related to exceptions to and waivers of the local simulcasting requirement, whether we should let full power broadcasters use channels in the television broadcast band that are vacant to facilitate the transition to 3.0, and finally, we tentatively conclude that local simulcasting should not change the significantly viewed status of a Next Gen TV station.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved the non-substantive change request for the information collection requirements contained in FCC 17-137. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of these rules.

In this document, the Federal Communications Commission (FCC or Commission) eliminates the rule that requires each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license. The FCC also eliminates existing requirements associated with the rule, including the requirement that the main studio have full-time management and staff present during normal business hours, and that it have program origination capability.

The Federal Communications Commission published a document in the Federal Register of November 17, 2017, concerning the Commission's grant of the request by Gray Television License, LLC (Gray) to substitute channel 7 for channel 5 for station KYES-TV, Anchorage, Alaska. The document contained the incorrect effective date.

In this document, the Federal Communications Commission (Commission) seeks comment on how to modernize two provisions in Part 73 of its rules governing broadcast licensees: Section 73.624(g), which establishes certain reporting obligations relating to the provision of ancillary or supplementary services, and Section 73.3580, which sets forth requirements concerning public notice of the filing of broadcast applications.

The Commission grants the request by Gray Television License, LLC (Gray) to substitute channel 7 for channel 5 for station KYES-TV, Anchorage, Alaska. Gray filed comments reaffirming its interest in the proposed channel substitution and stating that if the proposal is granted, it will promptly file an application for the facilities specified in the rulemaking petition and construct the station. As Gray explained in its petition, the antenna currently used by KYES-TV is a repurposed analog antenna the previous station owner built which provides an inefficient signal. In addition, the current remote transmission site does not have a generator and KYES-TV goes silent when there is a power outage. By moving to sister station KTUU's location, and operating with an existing modern broadband antenna on a high-VHF channel, the station will be able to deliver an improved signal. Gray will also add the KYES-TV signal to the translator network used by KTUU, which will reduce most of the loss of service that would result from the proposed move, which will serve the public interest.

This document amends certain Commission rules applying to AM broadcast stations using directional antenna arrays. AM directional antenna arrays are multiple-tower installations designed to direct radio energy primarily in certain directions in order to avoid interfering with other AM broadcast stations. Approximately 40 percent of all AM broadcasters use directional arrays during some part of the broadcast day. These rule amendments are intended to decrease the burdens and expense of installing and maintaining directional arrays, especially for AM broadcasters using Method of Moments (MoM) modeling for proofs of performance of their directional arrays.

The Federal Communications Commission (Commission) amends its equipment authorization regulations, increasing the Commission's agility to respond to changes in technology and industry standards. This rule consolidates, simplifies, and streamlines certain procedures, and removes the requirement to file the import declaration FCC Form 740 under certain circumstances.

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 associated with the Commission's Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations Report and Order's third-party fundraising rules. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

This document amends the FM Table of Allotments, of the Commission's rules, by reinstating certain vacant FM allotments. These FM allotments are considered vacant because of the cancellation of the associated authorizations and licenses, or the dismissal of long-form auction applications. These vacant FM allotments have previously undergone notice and comment rule making. Reinstatement of the vacant allotments is merely a ministerial action to effectuate licensing procedures. Therefore, we find for good cause that further notice and comment are unnecessary.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, changes to FCC Form 303-S (Application for Renewal of Broadcast Station License) associated with the Commission's decision in Report and Order, Revisions to Public Inspection File Requirements—Broadcaster Correspondence File and Cable Principal Headend Location. Specifically, OMB has approved the Commission's decision to revise Form 303-S to eliminate those sections of the form that require commercial TV broadcasters to submit with their renewal application a summary of written communications received from the public regarding violent programming (See FCC Form 303-S at p. 5 and instructions at p. 25). This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of this change to FCC Form 303-S (See Public Inspection File R&O, 32 FCC Rcd at 1574-75, para 29).

The Federal Communications Commission (Commission) adopted a comprehensive reorganization of and update to the rules governing the Personal Radio Services (PRS). PRS provides for a wide variety of wireless devices that are used by the general public for personal communication uses, which include applications like walkie-talkies, radio controlled model toys, Personal Locator Beacons (PLBs), medical implant devices and other uses. In addition to the comprehensive review and update of the rules to reflect modern practices, the Commission enhanced the General Mobile Radio Service (GMRS) to allow new digital applications, allot additional interstitial channels and extend the license term from five to ten years. It also allotted additional channels to the Family Radio Service (FRS) and increased the power on certain FRS channels from 0.5 Watts to two Watts. It also updated the CB Radio Service to allow hands-free headsets, removed a restriction on communicating over long distances and removed other outdated requirements. These changes and others outlined below will update PRS rules to be more in line with current public demands for the services and will make the rules easier to read and find information, while also removing outdated requirements and removing unnecessary rules.

This document requests comments on a Petition for Rulemaking filed by Wind River Broadcasting, Inc., proposing to amend the FM Table of Allotments, of the Commission's rules, by allotting Channel 274C2 at Cora, Wyoming, as a first local service. A staff engineering analysis indicates that Channel 274C2 can be allotted to Cora, consistent with the minimum distance separation requirements of the Commission's rules without a site restriction. The reference coordinates are 43-03-24 NL and 110-08-07 WL.

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collections associated with the Commission's decision, in Report and Order, Channel Sharing by Full Power and Class A Stations Outside of the Broadcast Television Spectrum Incentive Auction Context. Specifically, OMB has approved the Commission's rules that require that sharing stations: file applications for construction permit and license to implement their channel sharing arrangement (CSA); that they include a copy of their CSA with their construction permit application; and that they provide notice of their CSA to multichannel video programming distributors (MVPDs). OMB also approved changes to the Commission's Form 2100 Schedules A, B, C, D, E and F to implement these changes. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of these rule changes.

The Commission has before it a petition for rulemaking filed by Gray Television Licensee, LLC (Gray), the licensee of KYES-TV, channel 5, Anchorage, Alaska, requesting the substitution of channel 7 for channel 5 at Anchorage. The Commission instituted a freeze on the acceptance of full power television rulemaking petitions requesting channel substitutions in May 2011, and a freeze on the filing of modification applications by full power and Class A television stations that would increase a station's noise-limited or protected contour beyond the station's currently licensed or authorized facility in April 2013. Gray asks that the Commission waive these freezes to permit KYES to relocate its transmitter and utilize upgraded equipment, thereby improving its over-the-air- signal to better serve viewers.

In the document released June 6, 2017, the Media Bureau and the Wireless Telecommunications Bureau released instructions for filing applications in a filing window to be open from July 26, 2017, through August 2, 2017, in which certain AM station licensees and proposed assignees may seek new FM translator construction permits to retransmit the signals of the primary AM stations. In addition, the Media Bureau announced that it will not accept low-power FM and FM translator minor change construction permit applications and FM booster construction permit applications between July 19 and August 2, 2017. In the document released July 13, 2017, Commission staff announced that an online tutorial would be available for this auction, which is designated as Auction 99, and addressed a petition for clarification on an issue of applicant eligibility for this filing window opportunity.

In this Order on Reconsideration, the Federal Communications Commission (Commission) dismisses a petition for reconsideration filed in this rulemaking proceeding by William J. Kirsch. This action was taken on delegated authority jointly by the Acting Chief, International Bureau, and the Chief, Media Bureau.

In this document, the Federal Communications Commission (Commission) describes the information that must be provided in periodic progress reports (FCC Form 2100—Schedule 387 (Transition Progress Report)) by full power and Class A television stations that are not eligible to receive payment of relocation expenses from the TV Broadcast Relocation Fund in connection with their being assigned to a new channel through the Incentive Auction.

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, some of the information collections associated with the Commission's decision, in Report and Order, Revisions to Public Inspection File Requirements—Broadcaster Correspondence File and Cable Principal Headend Location. Specifically, OMB has approved the Commission's decision to eliminate two public inspection file requirements: the requirement that commercial broadcast stations retain in their public inspection file copies of letters and emails from the public; and the requirement that cable operators maintain for public inspection the designation and location of the cable system's principal headend. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of these rule changes.

The Commission has before it a petition for rulemaking filed by Southern Media Holdings, Inc. (SMH), the former licensee of WFXG, Augusta, Georgia, requesting the substitution of channel 51 for channel 31 at Augusta. WFXG License Subsidiary, LLC (Licensee) is now the licensee of WFXG. Station WFXG was allotted channel 51 as its post-transition DTV channel and operated a licensed facility on that channel. In 2008, SMH filed a petition for rulemaking requesting that channel 31 be substituted for channel 51, and the Commission granted that request. SMH subsequently requested that the Commission change its channel back to channel 51 and we issued a Notice of Proposed Rulemaking, which was contested. On April 28, 2017, Licensee filed a letter withdrawing its pending request to substitute channel 51 for channel 31, explaining that it had licensed the channel 31 facility and that WFXG was reassigned to channel 36 in connection with the post-incentive auction repacking of the broadcast television spectrum.

In this document, the Commission proposes to eliminate its rule that requires each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license. The Commission tentatively finds that the main studio rule is now outdated and unnecessarily burdensome for broadcast stations. The Commission also proposes to eliminate existing requirements associated with the main studio rule, including the requirement that the main studio must have full-time management and staff present during normal business hours, and that it must have program origination capability.

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved the information collection requirements associated with the Commission's Second Report and Order, 2014 Quadrennial Regulatory Review, FCC 16-107. This document is consistent with the Second Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of changes to the forms.

In this document, the Commission expands the option to use Special Use FRNs on ownership reports for noncommercial educational broadcast stations (FCC Form 323-E). This action addresses several petitions for reconsideration of a prior Commission decision and properly balances the Commission's need to improve the integrity and usability of its broadcast ownership data with the concerns raised in the petitions for reconsideration.

A Petition for Reconsideration (Petition) has been filed in the Commission's rulemaking proceeding by Andrew Jay Schwartzman, on behalf of Prometheus Radio Project.

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, information collection requirements adopted in the Commission's Report and Order, FCC 16-128. This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the rules.

In this Report and Order, the Federal Communications Commission (Commission) adopted rules to allow full power and Class A stations with auction-related channel sharing agreements (CSAs) to become sharees outside of the incentive auction context so that they can continue to operate if their auction-related CSAs expire or otherwise terminate. The Commission also adopted rules to allow all low power television and TV translator stations (secondary stations) to share a channel with another secondary station or with a full power or Class A station. This action will assist secondary stations that are displaced by the incentive auction and the repacking process to continue to operate in the post-auction television bands. The rules adopted in this R&O will enhance the benefits of channel sharing for broadcasters without imposing significant burdens on multichannel video programming distributors (MVPDs).

A Petition for Reconsideration (Petition) has been filed in the Commission's rulemaking proceeding by Rick Kaplan, on behalf of NATIONAL ASSOCIATION OF BROADCASTERS.

At the request of Roy E. Henderson (Petitioner), licensee of FM Station KNUZ (FM), San Saba, Texas, the Audio Division amends the FM Table of Allotments by substituting Channel 277A for Channel 224A at Mullin, Texas. The purpose of this change is to facilitate and grant Petitioner's hybrid application that KNUZ (FM) be modified to operate on Channel 277A rather than Channel 224A at San Saba, Texas. A staff engineering analysis indicates that Channel 277A can be substituted for Channel 224A at Mullin, Texas, as proposed, consistent with the minimum distance separation requirements of the Commission's rules with a site restriction 3.1 km (1.9 miles) north of the community. The reference coordinates are 31-35-00 NL and 98-40-31 WL.

In this document, the Commission proposes to authorize television broadcasters to use the “Next Generation” broadcast television transmission standard associated with recent work of the Advanced Television Systems Committee on a voluntary, market-driven basis, while they continue to deliver current-generation digital television broadcast service, using the ATSC 1.0 standard, to their viewers. This new standard has the potential to greatly improve broadcast signal reception and will enable broadcasters to offer enhanced and innovative new features to consumers.

At the request of Red Lake Nation, the Audio Division amends the FM Table of Allotments by allotting FM Channel 287C1 at Red Lake, Minnesota, as a Tribal Allotment and a first local Tribal-owned service to the community. A staff engineering analysis indicates that Channel 287C1 can be allotted at Red Lake, Minnesota, as proposed, consistent with the minimum distance separation requirements of the Commission's rules with a site restriction 42.4 km (25.34 miles) northwest of the community. The reference coordinates are 47-59-00 NL and 95-33-33 WL.

In this document, the Federal Communications Commission (Commission) eliminates two public inspection file requirements: The requirement that commercial broadcast stations retain in their public inspection file copies of letters and emails from the public; and the requirement that cable operators maintain for public inspection the designation and location of the cable system's principal headend. Our actions will reduce regulatory burdens on commercial broadcasters and cable operators, advance regulatory parity with respect to our public file requirements among various program distributors, and improve security at local stations and principal headend locations.

In this document the Incentive Auction Task Force and the Media Bureau of the Federal Communications Commission (Commission) adopts: Updates to the categories of eligible equipment and services, as well as updated baseline costs, in the catalog of eligible reimbursement expenses (Catalog); an economic methodology for adjusting the Catalog's baseline costs annually such that they remain accurate, by using the Bureau of Labor Statistics' Producer Price Index, WPUFD4 series; and revisions to the online Reimbursement Form to incorporate the updates to the Catalog, which will be embedded in the Reimbursement Form, as well as other features, including checkboxes for entities to indicate if they are seeking upgrades or partial payment requests, which are designed to make it more user-friendly.

In this document, the Media Bureau, in consultation with the Incentive Auction Task Force, the Wireless Telecommunications Bureau, and the Office of Engineering and Technology, adopts a methodology to establish construction deadlines and transitions schedule for full power and Class A television stations that are transitioning to new channels following the incentive auction.

At the request of La Voz Latina (LVL) and Charles Crawford (Crawford), respectively, the Audio Division amends the FM Table of Allotments, by allotting Channel 278A at San Isidro, Texas, and deleting Channel 278A at Roma, Texas. Channel 278A at San Isidro, Texas, will be the community's second local service. The Audio Division, therefore, grants both LVL's counterproposal and Crawford's “Withdrawal of Expression of Interest.” A staff engineering analysis indicates Channel 278A can be allotted to San Isidro consistent with the minimum distance separation requirements of the Commission's rules with a site restriction 6 kilometers west of the community. The reference coordinates are 26-42-15 NL and 98-29-48 WL.

This document requests comments on a Petition for Rulemaking filed by Northwest Florida Media, LLC, proposing to amend the FM Table of Allotments, of the Commission's rules, by allotting Channel 295A at Fort Walton Beach, Florida, as a sixth local service. A staff engineering analysis indicates that Channel 295A can be allotted to Fort Walton Beach, consistent with the minimum distance separation requirements of the Commission's rules without a site restriction. The reference coordinates are 30-24-40 NL and 86-37-28 WL.

In this document, the Federal Communications Commission seeks comment on a proposed Transition Progress Report (FCC Form 2100—Schedule 387 (Transition Progress Report)) and proposed filing requirements for periodic progress reports by full power and Class A television stations that are not eligible to receive payment of relocation expenses from the TV Broadcast Relocation Fund in connection with their being assigned to a new channel through the Incentive Auction. The Commission tentatively concludes that this mechanism is needed to help the Commission, broadcasters, those involved in construction of broadcast facilities, other interested parties, and the public to monitor the construction of the stations that are not eligible for reimbursement.

In this document, the Federal Communications Commission (Commission) describes the information that must be provided in periodic progress reports (FCC Form 2100—Schedule 387 (Transition Progress Report)) by full power and Class A television stations that are eligible to receive payment of relocation expenses from the TV Broadcast Relocation Fund in connection with their being assigned to a new channel through the Incentive Auction. The Commission previously determined that reimbursable stations must file reports showing how the disbursed funds have been spent and what portion of the stations' construction in complete. These Transition Progress Reports will help the Commission, broadcasters, those involved in construction of broadcast facilities, other interested parties, and the public to assess how disbursed funds have been spent and to monitor the construction of stations.

A Petition for Reconsideration (Petition) has been filed in the Commission's rulemaking proceeding by William J. Kirsch.

The Federal Communications Commission (Commission) published a document in the Federal Register of December 30, 2016, concerning petitions for reconsideration filed in the Commission's rulemaking proceeding. The date for filing replies was incorrect. This document corrects the filing deadline date for replies to an opposition to the Petitions.