[Federal Register: October 15, 2007 (Volume 72, Number 198)]
[Notices]
[Page 58299-58300]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc07-41]
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FEDERAL COMMUNICATIONS COMMISSION
[FCC 07-179; MM Docket No. 95-31]
FCC Adopts 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: In this document, the Commission adopts an application limit
in the noncommercial educational FM broadcast application filing window
scheduled for October 12-October 19, 2007. The purpose of the limit is
to permit the expeditious processing of applications filed in the
window and deter speculative filings. The Commission 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: October 12-October 19, 2007 Filing Window for Noncommercial
Educational New Station Applications.
ADDRESSES: Secretary, Federal Communications Commission, 445 12th
Street, SW., Washington, DC 20554. Internet address: http://www.fcc.gov
.
FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, 202-418-2785, Audio
Division, Media Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice adopted
on October 10, 2007, and released on October 10, 2007. The complete
text of this document is available for inspection and copying during
normal business hours in the FCC Reference Center (Room CY-A257), 445
12th Street, SW., Washington, DC. It is also available for inspection
and copying during regular business hours in the FCC Reference Center
(Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The full
text of this document also may be purchased from the Commission's
duplication contractor, Best Copy and Printing Inc., Portals II, 445
12th St., SW., Room CY-B402, Washington, DC 20554; telephone (202) 488-
5300; fax (202) 488-5563; e-mail FCC@BCPIWEB.COM. It is also available
on the Commission's Web site at http://www.fcc.gov.
Summary of Public Notice: In this document, released on October 10,
2007, the Commission adopts a ten-application limit on noncommercial
educational (``NCE'') FM new station and major change applications
filed by any party during the filing window opening on Friday, October
12, 2007 and closing on Friday, October 19, 2007 for FM reserved band
(channels 201-220).
On August 9, 2007, the Commission issued a Public Notice (the
``Notice'') seeking comment on this proposed ten-application limit
(published at 72 FR 47039 on August 22, 2007). More than 10,000
comments were filed in response to the Notice. The overwhelming
majority of the commenters supported the proposed limit of ten new
station applications filed by any party during the window. Accordingly,
the Commission concludes in this Public Notice that an application
limit is a lawful and appropriate procedural safeguard to permit the
expeditious processing of the window-filed applications with limited
Bureau resources and to deter speculation. Our examination of the
record confirms our concern that failure to establish a limit on the
number of NCE FM applications that a party may file in the window
[[Page 58300]]
would lead to a large number of speculative filings, creating the
potential for extraordinary procedural delays. The Commission finds
that a ten-application limit is consistent with the localism and
diversity goals reflected in the NCE FM point system and appropriately
balances our goals of deterring speculative filings, facilitating the
expeditious processing of window-filed applications with limited
Commission resources, and providing interested parties with a
meaningful opportunity to file for NCE FM new station licenses.
We acknowledge the concern expressed by some commenters about the
potential for attempts to circumvent the application limit. We note
that the Bureau retains the discretion to conduct investigations and,
where there is a substantial and material question of fact regarding
real parties in interest, the Commission will designate applications
for hearing to determine whether the applications comply with the
Commission's rules and policies.
Effective Date of Public Notice. The Commission finds that there is
good cause to make this Public Notice effective immediately. See 5
U.S.C. 553(d)(3). The Commission's experience with the 2003 FM
translator window demonstrates that there is a strong and unmet demand
for scarce FM spectrum and that applicants will aggressively pursue all
new radio station licensing opportunities. The Commission is concerned
that postponing the window will provide an opportunity for parties to
develop and implement filing strategies to circumvent the limit on
applications and to thwart the public interest benefits that the ten-
application cap is intended to achieve. Moreover, the Commission
announced this filing window more than six months ago. Applicants have
relied on this window closing on October 19, 2007, a date that will be
used to establish certain comparative qualifications among competing
applicants. Accordingly, the Commission is reluctant to modify this
well-publicized filing deadline. Finally, postponing the window would
require the Commission to extend the freeze on reserved band and
certain non-reserved band minor change application filings. The
Commission concludes that such an extension would impose unreasonable
burdens on many radio licensees.
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980,
as amended (``RFA''), requires that a regulatory flexibility analysis
be prepared for notice-and-comment rulemaking proceedings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' The RFA generally defines the term ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A ``small business
concern'' is one which: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(``SBA'').
Pursuant to Section 605(b) of the RFA, we certify that the
application limit adopted in this document imposes no significant
economic impact on a substantial number of small entities. The
application limit will benefit small entities seeking to establish a
new NCE FM service on a local or regional basis by expediting the
review and processing of applications filed during the filing window
opening on Friday, October 12, 2007. In the Commission's rulemaking
proceeding on comparative standards for NCE applicants, the Commission
reserved the right to establish by Public Notice a limit on the number
of NCE applications by a party in a filing window. In the Notice, the
Commission explained that numerous entities involved in NCE FM
operations urged the agency to establish an application limit for the
filing window to prevent mass filings of speculative applications. The
vast majority of comments filed in response to the Notice agreed with
the Commission's tentative conclusion that ten applications is an
appropriate limit to deter speculative applications and facilitate the
prompt processing of applications. Based on the record in this
proceeding, we have concluded that a lower limit would not effectively
meet the demand for new NCE FM channels, whereas a higher limit would
impose unacceptable processing delays on all applicants, overriding any
potential benefits to a few applicants interested in filing more than
ten applications in this window. The 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 limit involves no detriment to those
applicants. This document and final RFA certification will be sent to
the Chief Counsel for Advocacy of the SBA.
The Commission has authority to collect these applications under
OMB Control 3060-0034.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.
[FR Doc. E7-20300 Filed 10-12-07; 8:45 am]
BILLING CODE 6712-01-P