[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Notices]
[Pages 33091-33092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12984]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 13-618]
Limitations on the Filing and Processing of Full Power and Class
A Television Station Modification Applications and Reminder of the
Spectrum Act's Preservation Mandate
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: This document announces an immediate limitation on the filing
and processing of full power and class A television station
modification applications and also reminds television broadcast
stations of the Spectrum Act's Preservation Mandate. See Middle Class
Tax Relief and Job Creation Act of 2012, Public Law 112-96, Title VI,
125 Stat. 156 (2012) (``Spectrum Act''). This action will facilitate
Commission analysis of repacking methodologies and assure that the
objectives of the broadcast television incentive auction, as mandated
by the Spectrum Act, are not frustrated. See Spectrum Act at Section
6403(b)(2).
DATES: This filing and processing limitation become effective on April
5, 2013.
FOR FURTHER INFORMATION CONTACT: Barbara Kreisman, Chief, Video
Division, Media Bureau, Federal Communications Commission,
[email protected], (202) 418-1600.
SUPPLEMENTARY INFORMATION:
I. Limitations on the Filing and Processing of Modification
Applications: Beginning immediately, and until further notice, the
Media Bureau will not accept for filing modification applications (or
amendments to pending modification applications) by full power and
Class A television broadcast licensees and permittees for changes to
existing television service areas that would increase a full power
station's noise-limited contour or a Class A station's protected
contour in one or more directions beyond the area resulting from the
station's present parameters as represented in its authorizations
(license and/or construction permit).\1\ Similarly, the Media Bureau
will not accept Class A displacement applications that would increase
the station's protected contour. However, consistent with the
Commission's proposal in the Notice of Proposed Rulemaking, 77 FR 69933
(Nov. 21, 2012),\2\ Class A minor change applications to implement the
digital transition (flash cut and digital companion channel) may
continue to be filed and will be processed subject to the current
limitations in Sections 73.3572(a)(2) and 74.787(a)(2) of the
Commission's rules.
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\1\ See 47 CFR 73.622(e)(1) (defining ``service area'' of a full
power TV broadcast station). As to Class A stations, protected
contour is consistent with the proposed interpretation of the
statutory term ``coverage area'' in the NPRM. See Expanding the
Economic and Innovative Opportunities of Spectrum Through Incentive
Auctions, Docket No. 12-268, Notice of Proposed Rulemaking, 27 FCC
Rcd 12357, 12390, para. 99 (2012) (``NPRM'').
\2\ Id. at 12397, para. 115 (``We do propose to protect in the
repacking process certain digital Class A facilities that were not
licensed as of February 22, 2012.'').
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The Bureau will consider, on a case-by-case basis, requests for
waiver of the filing limitation imposed by this public notice when a
modification application is necessary or otherwise in the public
interest for technical or other reasons to maintain quality service to
the public, such as when zoning restrictions preclude tower
construction at a particular site or when unforeseen events, such as
extreme weather events or other extraordinary circumstances, require
relocation to a new tower site. As with any request for waiver of our
rules, such a request will be granted only on a showing of good cause
and when grant of the waiver will serve the public interest.
With respect to pending full power and Class A modification
applications, we will process those applications that do not increase
the full power station's noise-limited contour or the Class A station's
protected contour in one or more directions beyond the area resulting
from the station's present parameters as represented in its
authorizations (license and/or construction permit). Applicants at
variance with this limitation may amend their applications within 60
days of the Public Notice to comply with this limitation or request a
waiver. Pending applications that are not amended consistent with this
public notice will be processed after the Commission's release of a
Report and Order in the Incentive Auction rulemaking
[[Page 33092]]
proceeding, subject to the rules and policies adopted therein.\3\
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\3\ The decision to impose these limitations on the filing and
processing of modification applications is procedural in nature, and
therefore is not subject to the notice and comment and effective
date requirements of the Administrative Procedure Act. See 5 U.S.C.
553(b)(A), (d); see also Neighborhood TV Co. v. FCC, 742 F.2d 629,
637-38 (D.C. Cir. 1984) (holding that the Commission's filing freeze
is a procedural rule not subject to the notice and comment
requirements of the Administrative Procedure Act); Buckeye
Cablevision, Inc. v. United States, 438 F.2d 948, 952-53 (6th Cir.
1971); Kessler v. FCC, 326 F.2d 673, 680-82 (D.C. Cir. 1963).
Moreover, we find that there is good cause for not delaying the
effect of these procedures until 30 days after publication in the
Federal Register. Such a delay would be impractical, unnecessary,
and contrary to the public interest because it would undercut the
purposes of these procedures. See 5 U.S.C. 553(b)(B), (d)(3).
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II. Spectrum Act Preservation Mandate: We take this opportunity to
remind stations that, as provided in the Spectrum Act and the NPRM, the
extent to which a facility that is not covered by Section 6403(b)(2) (a
``non-covered facility'') will be preserved in the repacking process
will be decided by the Commission in the Incentive Auction rulemaking
proceeding.\4\
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\4\ See Spectrum Act at Sections 6403(b)(2), 6403(i)(1); NPRM,
27 FCC Rcd at 12390, 12397 paras. 98, 113.
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For stations with non-covered authorized facilities, we take this
opportunity to remind them, before additional investments are made in
these non-covered facilities, that the extent to which the non-covered
facility will be preserved in the repacking process will be decided by
the Commission in the Incentive Auction rulemaking proceeding.\5\
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\5\ Id.
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Accordingly, the Media Bureau will process applications from
permittees modifying their non-covered facilities to revert to the
service area resulting from the station's licensed facilities as of
February 22, 2012. If a permittee of a non-covered facility fails to
file for this modification, the extent of preservation of the non-
covered facility will be determined by the Commission in the Incentive
Auction rulemaking proceeding.
This action is taken by the Chief, Media Bureau pursuant to
authority delegated by 47 CFR 0.283 of the Commission's rules.
Federal Communications Commission.
Barbara Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. 2013-12984 Filed 5-31-13; 8:45 am]
BILLING CODE 6712-01-P