[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 47039-47040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-108]
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FEDERAL COMMUNICATIONS COMMISSION
[FCC 07-145; MM Docket No. 95-31]
FCC Seeks Comment on Proposed Application Limit for NCE FM New
Station Applications in October 12-October 19, 2007 Window
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Commission seeks comment on a proposed application limit
in the noncommercial educational FM broadcast application filing window
scheduled for October 12-October 19, 2007. The purpose of the proposed
limit is to deter speculation and permit the expeditious processing of
applications filed in the window. The Commission tentatively concludes
that an appropriate limit for any party is an attributable interest in
no more than ten applications for new noncommercial educational FM
broadcast stations filed in the window, excluding major modification
applications and pending applications.
DATES: Comments are due September 6, 2007. Reply comments are due
September 17, 2007. 47 CFR 1.4(b)(1) governs the calculation of such
filing dates.
ADDRESSES: Mail comments and reply comments to the Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554,
with a copy to the Commission's duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, 202-418-2785.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing Addresses. Comments may be filed
electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/
or the Federal eRulemaking
[[Page 47040]]
Portal: http://www.regulations.gov. For ECFS filers, in completing the
transmittal screen, filers should include their full name, U.S. Postal
service mailing address, and the applicable docket number: MM Docket
No. 95-31. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions, filers should send an e-mail to
ecfs@fcc.gov, and include the following words in the body of the
message: ``get form''. A sample form and instructions will be sent in
response.
Statement of Legal Authority. The Commission's legal authority for
limiting the number of applications a party may file during a broadcast
filing window is found in 47 U.S.C. 151, 152(a), 154(i) and (j), 301,
303(g) and (r), 308(b), and 309(j).
Ex Parte Restrictions. This proceeding has been designated ``permit
but disclose'' for purposes of the Commission's ex parte rules, 47 CFR
1.1200-1.1216. Ex parte presentations will be governed by the
procedures set forth in 47 CFR 1.1206 applicable to non-restricted
proceedings.
Regulatory Flexibility Act. Although we are not proposing a rule
change, we have prepared an Initial Regulatory Flexibility Analysis
(``IRFA'') which is set forth in the Appendix to the Public Notice.
Written public comments are requested on the IRFA. These comments must
be filed in accordance with the same filing procedures and deadlines
for comments on the proposed application limit, and should have a
separate and distinct heading designating them as responses to the
IRFA. The Commission will send a copy of the Public Notice, including
this IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (``SBA''). See 5 U.S.C. 603(a). In addition, the Public
Notice and the IRFA (or summaries thereof) [are here] published in the
Federal Register. See id.
A. Need for, and Objectives of, the Proposed Limit
The Commission has determined that, absent a limit on the number of
applications that a party may file in the filing window described in
the Public Notice, it is likely that some parties may file a large
number of speculative applications. Accordingly, the Commission has
tentatively determined that a limit of ten applications for new NCE FM
construction permits in the filing window is an appropriate procedural
safeguard to deter speculation and permit the expeditious processing of
the NCE FM applications filed in the window. The Commission believes
that the proposed limit will benefit small entities, as defined below.
B. Legal Basis
The Public Notice is released pursuant to sections 1, 2(a), 4(i)
and (j), 301, 303(g) and (r), 308(b), and 309(j) of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i) and (j), 301,
303(g) and (r), 308(b), and 309(j).
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3), The
Small Business Administration defines a radio broadcasting entity that
has $6.5 million or less in annual receipts as a small business. 13
CFR121.201, NAICS Code 515112. Business concerns included in this
industry are those ``primarily engaged in broadcasting aural programs
by radio to the public.'' See NAICS Code 515112. We estimate that 95%
or more of all NCE FM applicants will be small businesses according to
this definition. According to Commission staff review of the BIA
Financial Network, Inc., Media Access Radio Analyzer Database as of
July 10, 2007, about 10,520 (95 percent) of 11,055 commercial radio
stations have revenues of $6.5 million or less.
We note, however, that in assessing whether a business entity
qualifies as small under the above definition, business control
affiliations must be included. Our estimate, therefore, may slightly
overstate the number of small entities that might be affected by the
proposed application limit, because the revenue figures on which this
estimate is based do not include or aggregate revenues from affiliated
companies. In this context, the application of the statutory definition
to radio stations is of concern. An element of the definition of
``small business'' is that the entity not be dominant in its field of
operation. We are unable at this time and in this context to define or
quantify the criteria that would establish whether a specific radio
station is dominant in its field of operation. Accordingly, the
foregoing estimate of small businesses to which the application limit
may apply does not exclude any radio station from the definition of a
small business on this basis and is therefore over-inclusive to that
extent. An additional element of the definition of ``small business''
is that the entity must be independently owned and operated. We note
that it is difficult at times to assess these criteria in the context
of media entities, and our estimates of small businesses to which they
apply may be over-inclusive to this extent.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
We anticipate that none of the changes adopted as a result of the
Public Notice would result in an increase to the reporting and
recordkeeping requirements of broadcast stations or applicants for NCE
FM authorizations. As noted above, we invite small business entities to
comment in response to the Public Notice.
E. Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
The Public Notice describes and seeks comment on a proposed limit
on the number of new NCE FM applications that may be filed during the
filing window described in the Public Notice. The proposed limit is
intended to benefit all small NCE entities seeking to establish a new
NCE FM service on a local or regional basis by preventing mass filings
of speculative applications. The proposed limit excludes both pending
applications by NCE FM stations and applicants and new major change
applications by existing NCE FM stations seeking to modify their
existing authorizations, so the proposal involves no detriment to those
applicants. At the same time, the proposed limit should benefit such
applicants by expediting the review and processing of applications
filed during the window. The proposed limit does not impose any
significant compliance or reporting requirements because it would
merely set a limit on the number of applications for new NCE FM
authorizations that a party could file during the window. Accordingly,
we are not aware of any alternatives that would benefit small entities.
We encourage small entities to comment on the proposed limit described
in the Public Notice.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Limit
None.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E7-16457 Filed 8-21-07; 8:45 am]
BILLING CODE 6712-01-P