WPC  2BJ Courier3|j9Xj\  P6G;XPTimes New RomanPCL) (Additional)HL4MPCAD.PRSx  @\;qX@26 ZF% 3|jHP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRS9s\ P\;qXPTimes New RomanTimes New Roman Bold2= KVDKX"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd I. A. 1. a.(1)(a) i) a) I. A. 1. a.(1)(a) i) a)X01Í ÍX0Í Í"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd)҄ X4-ԍ Section 17.47(a)(1).> Many of the commenters agreed.*y҄ X-ԍ See, for example, the comments of AFCCE (p. 4), Birch Bay (p. 3), Harris (p. 2), Moody Bible (p. 10), NAB (p. 12) and SBE (p. 7). Others favored  X-automated but noncontinuous tower monitoring.+҄ Xh -ԍ Comments of NAB (p. 12) which favored the use of either continuous or "on request" monitoring and KIOW (p. 4), which favored the latter approach. Apparently, some automated light monitoring systems currently in use can indicate a malfunction, but manual observation is  Xv-often needed to identify which light is out.L,v҄ X-ԍ Comments of Cap Cities/ABC (p. 4).L There was some discussion as to who should be notified in the event of a light failure the licensee, the FAA or both but no consensus emerged.  X -x 27. Section 17.47 requires that a licensee with an antenna tower check the lights once a day, either directly or via a monitor, or use an automatic alarm system to signal any light failures. The Commission believes that this rule adequately addresses the operation of automatic tower light monitoring systems and that no addition to or amendment of it is necessary in the face of expanded use of such devices likely to result from action taken in this proceeding. The comments indicate the present availability of several types of antenna tower light monitors. Some such devices are currently permitted as an alternative to inspection by individuals. No evidence has been presented that such devices have been unreliable.  XK-x 28. Currently, Section 17.48(a) requires that the licensee notify the Federal Aviation Administration ("FAA") of any extinguishment or improper functioning of any top steady burning light or any flashing obstruction light that cannot be repaired within 30 minutes of discovery. No sufficient justification was given for changing this rule. The Commission believes that licensees ought to be promptly notified of tower light failure by their monitoring equipment so as to be able to initiate prompt remedial action. However, equipment which notifies the licensee and the FAA simultaneously of tower lighting failures may be employed optionally.  X|-x 29. The Commission notes that Section 73.1213(c) permits broadcast licensees sharing a common antenna tower to select a "designated licensee" with primary responsibility for painting and lighting maintenance. By inference the same licensee may be charged with notifying the FAA about lighting problems. Should that person fail to notify the FAA in the event of a lighting failure, however, the responsibility falls upon each of the other licensees sharing the tower, just as it does with regard to complying with other applicable regulations"  ^ ,0*(([" contained in Part 17. The Commission notes that this responsibility may be subject to change  X-in the future, pending the outcome of WT Docket No. 955.-҄ Xb-ԍ "Streamlining the Commission's Antenna Structure Clearance Procedure and Revision of Part 17 of the Commission's Rules Concerning Construction, Marking and Lighting of Antenna Structures," 10 FCC Rcd 2771, 60 Fed. Reg. 8618, February 15, 1995.  X- Contact Person.  X-x 30. The Notice indicated that it might be useful for the Commission or other government agencies to be able to contact broadcast licensees promptly in the event of a station malfunction. It pointed out that a possible method of facilitating such a contact would be for each licensee to provide the Commission with the name and telephone number of a contact point, as is currently required by Section 74.734(a)(4) of our rules for unattended operation of low power TV and TV translator stations and by Section 74.1234(a)(4) of the rules for unattended operation of FM translator and FM booster stations. In considering this possibility, the Commission recognized that there are over 13,000 AM, FM and TV broadcast stations and expressed concern that attempting to maintain such a master list could be unwieldy. Therefore, another possible alternative was suggested, which emulated Sections 74.765 and 74.1265 of the rules, which require that the telephone number and address of the licensee or the licensee's local representative must be posted at the station's transmitter site on the structure supporting the transmitting antenna. Those rules, which apply to low power TV, TV translator, TV booster, FM translator and FM booster stations, require the display to be visible to a person standing on the ground and maintained in legible condition. Lastly, the Commission asked whether informal procedures existed which would obviate the need for these more regulatory approaches.  X-x 31. Several commenters supported the concept of the Commission's maintaining a  X-contact person database.s.K҄ X-ԍ Comments of AFCCE (p. 5), BEI (p. 7), Moody Bible (p. 9) and SBE (p. 8). s The suggestion was made that to avoid the need to frequently  X-update such a database, multiple contact persons might be listed.P/҄ Xn-ԍ Comments of NPR (p. 4) and SBE (p. 9).P Another suggestion was that the Commission issue an annual computergenerated questionnaire to each licensee asking  X-if the information on record was correct.A0҄ X!-ԍ Comments of BSL (p. 2).A The observation was made that if such a database was applied to FM translators (but the comment is applicable to other types of broadcast auxiliary stations), the onsite posting requirements currently applicable to such stations ought  XN-to be eliminated.J1N^ ҄ X]&-ԍ Comments of Moody Bible (p. 10).J "7 10*(("Ԍ X-x 32. However, other commenters were less enthusiastic about the proposal, considering  X-it an unnecessary expense and an undertaking that would be difficult to keep up to date.\2҄ Xb-ԍ Comments of StationWatch (p. 5) and Wagner (p. 7).\ Publication of station phone numbers in public telephone directories in conjunction with "voice mail" or simple telephone answering machines was seen as a possible substitute. These  X-could be linked to a paging service that could reach a responsible person during off hours.D3y҄ X-ԍ Comments of Wagner (p. 7).D A less formal means of contacting station personnel would be to publish the 24hour number  Xv-of the master control room or the emergency number of the chief operator.A4v*҄ XQ -ԍ Comments of BSL (p. 2).A Another commenter expressed security and practicality concerns about both the database proposal (which was seen as being possibly vulnerable to "hackers") and the idea of posting such information at the transmitter site (such sites are often not accessible without a means of  X -access, and when they are, such information could result in abuse or harassment).L5 ҄ X-ԍ Comments of Cap Cities/ABC (p. 4).L  X -x  33. The Commission concludes that the implementation of a contact person database is unnecessary and that no changes in the current rules appear warranted at this time. At the  X -time of the Notice, such an idea was thought to have some promise, in that it might have added structure to longstanding informal procedures. However, after considering the comments, the Commission shares the concern expressed about licensees' diligence in maintaining such a database and believes that effectively resolving security concerns could involve effort and procedures that are likely to be cumbersome both for it and for licensees. Instead, the Commission will continue to rely on informal procedures used by its enforcement personnel in their respective districts, where the names and telephone numbers of persons responsible for various stations are maintained in a reasonably comprehensive way and have generally proved to be sufficient.  X-x !34. The comments in this proceeding present a mixed message as to the value of posting requirements. In many cases, numerous transmitters comprising a multiradio service "antenna farm" are bounded by protective fences that would effectively preclude the public and FCC field personnel from getting close enough to read a sign displaying the desired information. There are cases, however, where transmitters are located in places somewhat separated from stations of other radio services and the posting requirement may assist in the identification of a transmission facility. Accordingly, in the absence of more definitive information, the Commission believes that no changes should be made in the current transmitter site posting requirements, which apply only to LPTV, TV translator and TV  X -booster stations.@6 ҄ XF'-ԍ See Section 74.765(c).@ " = 60*((y"Ԍ X-ԙ Transmitter and antenna system adjustment.  X-x "35. The Notice proposed that broadcast transmission system adjustments should only be done by the chief operator or by some other technically competent person designated by  X-the licensee. This proposal received some supportC7҄ X-ԍ Comments of AFCCE (p. 9).C but one commenter also questioned the  X-value of the chief operator.A8y҄ X-ԍ Comments of SBA (p. 8).A The commenter noted that the chief operator (like the duty operator) only need hold the RP and is not required to have any special training or skill, thus rendering the position meaningless. Reference was also made to the fact that the licensee has the primary responsibility for the operation of the station, not the chief operator. Another commenter noted having seen "broadcast transmitters adjusted by local TV repairmen because the bill was lower than employing a competent broadcast, or even a twoway, technician  X -versed in adjusting transmitters."C9 *҄ X-ԍ Comments of Flick (p. 4).C The need for a competent oncall operator in the event of a station malfunction was stressed.  X -x #36. While chief operators will no longer be required to hold any type of license or permit issued by the Commission, such personnel are responsible for the proper operation of broadcast stations and are expected to be technically competent for the task. Eliminating such a position would appear to go outside the scope of this proceeding, which has been oriented largely toward the roles of licensed duty operators. However, after reviewing the current and proposed regulations regarding technical personnel, the Commission has concluded that proposed Section 73.1350(b) is somewhat duplicative of Section 73.1870 (which requires the designation of a chief operator). Therefore, the proposed rule will not be adopted.  X- Permissible methods for remote transmitter control   X-x $37. Also emphasized in the Notice was the need for licensees to have prompt access to metering and control of their transmitters, particularly the ability to turn the transmitter off in the event of a malfunction. The Commission proposed to permit a three minute delay in achieving such control, regardless of the kind of control circuit utilized. This question was raised largely due to uncertainty in the past over the reliability of nondedicated, switched telephone circuits (such as those used for ordinary voice communication).  X -x %38. One commenter argued that permitting the use of the public switched telephone network ("PSTN") for transmitter control purposes was too lenient, as even when such a system is still functional after a disaster, it is likely to be clogged with calls made to verify  X-the safety of various relatives and friends.B:҄ Xg'-ԍ Comments of SBE (p. 11).B The Commission was said to be "naive to think":0*(("  X-that a vague requirement for an 'alternate method' will ensure failsafe control."-;҄ Xy-ԍ Id.-  X-x &39. Other commenters, however, disagreed.g<y҄ X-ԍ Comments of Burk (p. 4), Hallikainen (p. 15) and NAB (p. 15).g PSTN circuits were described as being "sufficient" to "extremely reliable" by others and it was argued that dedicated circuits were just as likely to fail as switched circuits and may not be restored as quickly as the latter by  X-the local telephone company.=*҄ Xh -ԍ Comments of CBA (p. 3). General support for the use of switched circuits was also indicated by AFCCE (p. 9), BEI (p. 8) and KIOW (p. 5). The Commission was encouraged to permit the use of nondedicated (switched) lines where the use does not exceed 10% during the nighttime hours  X_-from 6 PM to 6 AM.B>_҄ X-ԍ Comments of KIOW (p. 5).B The inclusion of a "full time ON/OFF" connection requirement was  XH-said to be an unnecessary burden not justified by experience.A?Hu҄ Xn-ԍ Comments of BEI (p. 8).A   X -x '40. The Commission agrees with those in favor of relying on the PSTN for transmitter control. There is no doubt that the reliability of the PSTN is very high, and evidence that dedicated leased lines receive higher priority from the local telephone companies has not been provided. Moreover, the Commission is not persuaded by the arguments that dedicated switched lines should be used for purposes other than transmitter control, even if such use is expected to be small. It is impossible to predict when ATS/AMC equipment may need to contact a responsible person, or to know when designated supervisory personnel may want to call the transmitter site to ascertain the status of the equipment. Therefore, the rules will be amended to permit the use of a dedicated, switched telephone line (or number) for transmitter control purposes, in lieu of a dedicated, continual use leased line.  X- Radiotelephone Operator Permit ("RP").   X-x (41. The Notice questioned whether in cases where licensees elect to continue attended station operation, duty operators should continue to be required to hold the RP. The comments were nearly unanimous in expressing the opinion that the RP serves no useful  X-purpose and represents an unnecessary expense.@& ҄ X#-ԍ Comments of AFCCE (p. 5), Anderson (p. 3), Burk (p. 1), Smith (p. 2), Flick (p. 2), Equity One (p. 3), Hallikainen (p. 9), Ham (p. 3), Moody Bible (p. 9), NAB (p. 8), NPR (p. 2), SBA (p. 7) and SBE (p. 78). Several commenters noted that the station licensee is the one responsible for a station's proper operation, not the holder of an RP. However, one commenter expressed the belief that requiring an operator license, even if only"| @0*((P" with the minimal requirements necessary to obtain the RP, would encourage a greater sense of responsibility, remove doubts that training for such duties is necessary and provide a means to  X-prevent recurrent violators from operating broadcast stations.A҄ XK-ԍ Comments of AMPERS (p. 1). AMPERS also expressed the belief that the $35 fee required to obtain the RP would screen out some who are not really serious about broadcasting. Another commenter reiterated the lastmentioned point, indicating that while the RP is a card that requires no knowledge to obtain, it does at least hold people accountable to the FCC for their actions. They can be  X-fined for their infractions and in cases of gross neglect, lose the permit.MBK҄ X -ԍ Comments of StationWatch (pp. 56).M  X_-x )42. The Commission is unpersuaded that the $35 cost of an RP and its potential for revocation constitute much of an incentive to operate a station responsibly. The vast majority of the commenters expressed the opinion that the RP is completely useless. While the fee covers processing costs, it is, in and of itself, no indicator of the value of the permit. As an incentive for responsible operation, possession of the RP would appear to be less effective than the damage to or severance of an employment relationship that should be expected in cases of negligent operation.  X -x *43. But the fact that broadcast licensees are held primarily responsible for the operation of their stations is the best argument for the elimination of the RP. We believe that most licensees do attempt to procure competent technical personnel and that having the RP is viewed as irrelevant to that process. Many advertisements for technical positions include the requirement that applicants hold the older and more meaningful General Radiotelephone Operator License and/or appropriate certification of competence from a broadcastrelated engineering society. The latter are particularly suitable for establishing the competency of applicants for broadcast technical and engineering positions. Therefore, the rules are being amended to delete the requirement that a station operator possess the RP.  X- Other rule changes recommended in the comments   X-x +44. Several commenters recommended changes to rules either not discussed in the  X|-Notice or not included in its Appendix. In some cases, the rules were not included in the Appendix due to oversight, but are logical outgrowths of this proceeding or are clerical in  XN-nature.'CN҄ X"-ԍ See comments of Osenkowsky (p. 3) concerning Section 73.757(b), which requires that a licensed operator be in control whenever auxiliary transmitters are placed in operation, and Section 73.1230(c), which concerns the posting of operator licenses.' Concern was expressed about the proposed elimination of Section 73.62(b), which relates to AM station operation during inclement weather. Still other rule changes were suggested that go beyond the scope of this proceeding. These included revision of Section 73.45 to eliminate the requirement of notifying the Commission about changes in antenna"  C0*((["  X-resistance, common point impedance and the use of direct reading power meters,HD҄ Xy-ԍ Comments of Osenkowsky (p. 4).H revision of Section 73.1560(a)(1) and (b) to increase the upper power limit of AM and FM stations from  X-5% to 10% of the value authorizedEy҄ X-ԍ Ibid. This change is recommended solely for the benefit of older transmitters without an automatic power control function. and deletion of Section 73.1570(a) which relates to  X-minimum modulation.EF҄ X -ԍ Comments of Harris (p. 1). E The recommendation also was made that the main studio rules be abolished so that stations could be operated as unattended "repeaters," provided that tollfree access to the station is provided by the licensee. The argument was made that maintaining and manning a main studio is a cost beyond the reach of some licensees, especially in the AM service. The flexibility to operate a network of local stations from a central location is seen as providing a community service not otherwise available, additional employment and tax  X1-revenue and enabling local advertisers affordable access to the community.HG1҄ X-ԍ Comments of Osenkowsky (p. 6).H  X -x ,45. Amendment of Sections 73.757 (which requires that a licensed operator be present when an auxiliary transmitter is placed in operation) and 73.1230 (which concerns the posting  X -of operator licenses) will be made as requested, as they were omitted in the Notice due to oversight, are editorial in nature and are clearly within the scope of this proceeding. Further, the Commission agrees that omission of the substance of current Section 73.62(b) in the proposed revision constitutes an omission that unnecessarily reduces current operational flexibility. Therefore, Section 73.62 as adopted herein will retain the former flexibility concerning operation during inclement weather.  X4-x -46. The suggested amendment of Section 73.45 may be worthwhile, but as no other parties commented on the proposal in reply comments, the Commission believes that the amendment should be deferred for the present. Furthermore, the subject is expected to be  X-discussed in another rulemaking proceeding.Hu҄ X-ԍ Notice of Proposed Rule Making in MM Docket No. 93177 (An Inquiry into Commission Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification) 8 FCC Rcd 4345, (1993). The recommended increase in power tolerance for AM and FM stations appears to be unnecessary, as the Commission has no complaints on record that the current tolerance is too stringent. Moreover, no reply comments supported the suggestion. The comment regarding main studio location is outside the scope of this proceeding, as more than simply technical factors would be at issue, and they would require further analysis in a more appropriate forum. Therefore, the Commission concludes that no revision to Sections 73.45, 73.1125, 73.1560 and 73.1570(a) will be made at this time. "N H0*(("Ԍ X-a ADMINISTRATIVE MATTERS ĐTPx  X-x .47. A Final Regulatory Flexibility Analysis is set forth in Appendix B.  X- ORDERING CLAUSE ă  Xv-x /48. Therefore, IT IS ORDERED THAT, pursuant to Sections 4(i) and 303(r) of the  X_-Communications Act of 1934, as amended, effective [30 days after publication in the  XH-Federal Register] , Parts 73 and 74 of the Commission' Rules and Regulations ARE AMENDED as set forth in Appendix A. IT IS FURTHER ORDERED THAT THIS PROCEEDING IS TERMINATED.  X -x 049. Further information on this matter may be obtained from James E. McNally, Jr., Engineering Policy Branch, (202) 7761671. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William F. Caton x` `  hh@Acting Secretary "H0*((7"  X-) APPENDIX A ă Parts 73 and 74 of Title 47 of the Code of Federal Regulations are amended as follows: Lrc   X- Lrc   Lrc PART 73 RADIO BROADCAST SERVICES Lrc   Lrc   Xv- I. A. 1. a.(1)(a) i) a)1 I. A. 1. a.(1)(a) i) a)x1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334.    X -x2. Section 73.53 is amended by revising paragraph (b)(9) to read as follows:  X - 73.53 Requirements for authorization of antenna monitors.  X -*x` ` * *hh@*hpp*  X-x(b)` ` * ** x(9) The monitor, if intended for use by stations operating directional antenna systems by remote control, shall be designed so that the switching functions required by paragraph (b)(7) of this section may be performed from a point external to the monitor, and phase and amplitude indications be provided by external meters. The indications of external meters furnished by the manufacturer shall meet the specifications for accuracy and repeatability of the monitor itself, and the connection of these meters to the monitor, or of other indicating instruments with electrical characteristics meeting the specifications of the monitor manufacturer shall not affect adversely the performance of the monitor in any respect.  X-*x` ` * *hh@*hpp*   x3. Section 73.57 is amended by revising paragraph (d) to read as follows:  X7- 73.57 Remote reading antenna and common point ammeters.  X -*x` ` * *hh@*hpp* x(d) Each remote reading ammeter shall be accurate to within 2 percent of the value read on its corresponding regular ammeter.  X"-*x` ` * *hh@*hpp*  "#H0*((G""Ԍx4. Section 73.62 is amended by revising paragraphs (b) and (c) to read as follows:  X- 73.62 Directional antenna system tolerances.  X-*x` ` * *hh@*hpp* x(b) Whenever the operating parameters of a directional antenna cannot be maintained within the tolerances specified in paragraph (a) of this section, the following procedures will apply: x(1) The licensee shall measure and log every monitoring point at least once for each mode of directional operation. Subsequent variations in operating parameters will require the remeasuring and logging of every monitoring point to assure that the authorized monitoring point limits are not being exceeded. x(2) Provided each monitoring point is within its specified limit, operation may continue for a period up to 30 days before a request for Special Temporary Authority (STA) must be filed, pursuant to paragraph (b)(4) of this section, to operate with parameters at variance from the provisions of paragraph (a) of this section. x(3) If any monitoring point exceeds its specified limit, the licensee must either terminate operation within 3 hours or reduce power in accordance with the applicable provisions of 73.1350(d), in order to eliminate any possibility of interference or excessive radiation in any direction. x(4) If operation pursuant to paragraph (b)(3) of this section is necessary, or before the 30 day period specified in paragraph (b)(2)  Lrc of this section Lrc  expires, the licensee must request a Special Temporary Authority (STA) in accordance with 73.1635 to continue operation with parameters at variance and/or with reduced power along with a statement certifying that all monitoring points will be continuously maintained within their specified limits. x(5) The licensee will be permitted 24 hours to accomplish the actions specified in  X -paragraph (b)(1) of this section; provided that, the date and time of the failure to maintain proper operating parameters has been recorded in the station log. x(c) In any other situation in which it might reasonably be anticipated that the operating parameters might vary out of tolerance (such as planned array repairs or adjustment  X!-and proofing procedures), the licensee shall, before such activity is undertaken, obtain an STA in accordance with 73.1635 in order to operate with parameters at variance and/or with reduced power as required to maintain all monitoring points within their specified limits. "h$H0*(((#"Ԍx5. Section 73.69 is amended by revising paragraphs (a)(1) and (a)(2) to read as follows:  X- 73.69 Antenna monitors.  X-x(a)` ` * ** x(1) Normally, the antenna monitor is to be installed immediately adjacent to the transmitter and antenna phasing equipment. However, the monitor may be located elsewhere provided that its environment is maintained at all times within those limits under which the monitor was typeapproved. x(2) The antenna monitor installed at a station operating a directional antenna by remote control or when the monitor is installed in the antenna field at a distance from the transmitter, must be designed and authorized for such use in accordance with the provisions of 73.53(b)(9).  Xy-*x` ` * *hh@*hpp*   x6. Section 73.691 is revised to read as follows:  X- 73.691 Visual modulation monitoring. x(a) Each TV station must have measuring equipment for determining that the transmitted visual signal conforms to the provisions of this subpart. The licensee shall decide the monitoring and measurement methods or procedures for indicating and controlling the visual signal. x(b) In the event technical problems make it impossible to operate in accordance with the timing and carrier level tolerance requirements of 73.682 (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and (a)(17), a TV broadcast station may operate at variance for a period of not more  X7-than 30 days without specific authority from the FCC; provided that, the date and time of the initial outoftolerance condition has been entered in the station log. If the operation at variance will exceed 10 consecutive days, a notification must be sent to the FCC in Washington, D.C., not later than the 10th day of such operation. In the event normal operation is resumed prior to the end of the 30 day period, the licensee must notify the FCC upon restoration of normal operation. If causes beyond the control of the licensee prevent restoration of normal operation within 30 days, a written request must be made to the FCC in Washington, D.C., no later than the 30th day for such additional time as may be necessary. x7. Section 73.757 is revised by removing and reserving paragraph (b). x8. Section 73.764 is removed. "#'H0*((%"Ԍx9. Section 73.1010 is revised by removing and reserving paragraph (c). x 10. Section 73.1230 is revised to read as follows:  X- 73.1230 Posting of station license. x(a) The station license and any other instrument of station authorization shall be posted in a conspicuous place and in such a manner that all terms are visible at the place the licensee considers to be the principal control point of the transmitter. x(b) Posting of the station license and any other instruments of authorization shall be done by affixing them to the wall at the posting location, or by enclosing them in a binder or folder which is retained at the posting location so that the documents will be readily available and easily accessible. x 11. A new Section 73.1300 is added to read as follows:  Xy- 73.1300 Unattended station operation. Broadcast stations may be operated as either attended (where a designated person is responsible for the proper operation of the transmitting apparatus either at the transmitter site, a remote control point or an ATS control point) or unattended (where highly stable equipment or automated monitoring of station operating parameters is employed). No prior FCC approval is required to operate a station in the unattended mode. Regardless of which method of station operation is employed, licensees must employ procedures which will ensure compliance with Part 11 of this  Lrc c Lrc hapter, the rules governing the Emergency Alert System (EAS). x 12. A new Section 73.1350 is added to read as follows:  XN- 73.1350 Transmission system operation. x(a) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this  Lrc p Lrc art and in accordance with the terms of the station authorization. x(b) The licensee must designate a chief operator in accordance with 73.1870. The licensee may designate one or more technically competent persons to adjust the transmitter operating parameters for compliance with the technical rules and the station authorization. x(1) Persons so authorized by the licensee may make such adjustments directly at the transmitter site or by using control equipment at an offsite location. x(2) The transmitter control personnel must have the capability to turn the transmitter"#'H0*((%" off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (d) of this section that operation be terminated within 3 minutes. x(c) The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with 73.1215. x(1) Monitoring procedures and schedules must enable the licensee to determine compliance with 73.1560 regarding operating power and AM station mode of operation, 73.1570 regarding modulation levels, and, where applicable, 73.1213 regarding antenna tower lighting, and 73.69 regarding the parameters of an AM directional antenna system. x(2) Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. Errors inherent in monitoring equipment and the calibration procedure must be taken into account when adjusting operating parameters to ensure that the limits imposed by the technical rules and the station authorization are not exceeded. x(d) In the event that a broadcast station is operating in a manner that is not in compliance with the technical rules set forth elsewhere in this Part or the terms of the station authorization, and the condition is not listed in paragraph (e) of this section, broadcast operation must be terminated within three hours. x(1) Examples of conditions that require termination of operation include excessive power or excessive modulation. x(2) Additional examples for AM stations are any mode of operation not specified by the station license for the pertinent time of day or hours of operation and any condition of antenna parameters or monitoring points out of the tolerances specified elsewhere in this part or by the station's instrument of authorization. For these conditions, operation must be terminated within three minutes unless antenna input power is reduced sufficiently to eliminate any excess radiation. x(3) For AM stations using directional arrays, additional procedures apply when array operating parameters are at variance, monitoring points exceed specified limits, or authorized directional mode capability is lost. See 73.62, Directional antenna system tolerances; 73.158, Directional antenna monitoring points; and 73.1680(b), Emergency antennas. x(e) If a broadcast station is operating in a manner that is not in compliance with one of the following technical rules, operation may continue if the station complies with relevant alternative provisions in the specified rule section.  X#'-x(1) AM directional antenna system tolerances, see 73.62;"#'H0*((%"Ԍ X-ԙx(2) AM directional antenna monitoring points, see 73.158;  X-x(3) TV visual waveform, see 73.691(b).  X-x(4) Reduced power operation, see 73.1560(d);  Xv-x(5) Reduced modulation level, see 73.1570(a);  XH-x(6) Emergency antennas, see 73.1680. x(f) The transmission system must be maintained and inspected in accordance with 73.1580. x(g) Whenever a transmission system control point is established at a location other than at the main studio or transmitter, notification of that location must be sent to the FCC in Washington, D.C. within 3 days of the initial use of that point. This notification is not required if responsible station personnel can be contacted at the transmitter or studio site during hours of operation. x(h) The licensee must ensure that the station is operated in compliance with Part 11 of this chapter, the rules governing the Emergency Alert System (EAS). x 13. Section 73.1400 is revised to read as follows:   X- 73.1400 Transmission system monitoring and control. The licensee of an AM, FM or TV station is responsible for assuring that at all times the station operates within tolerances specified by applicable technical rules contained in this Part and in accordance with the terms of the station authorization. Any method of complying with applicable tolerances is permissible. The following are typical methods of transmission system operation:  X -x(a) Attended Operation: Attended operation consists of ongoing supervision of the transmission facilities by a station employee or other person designated by the licensee. Such supervision may be accomplished by either: x(1) Direct supervision and control of transmission system parameters by a person at the transmitter site; or, x(2) Remote control of the transmission system by a person at the main studio or other location. The remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with 73.1350. x(3) A station may also be monitored and controlled by an automatic transmission"#'H0*((%" system (ATS) that is configured to contact a person designated by the licensee in the event of a technical malfunction. An automatic transmission system consists of monitoring devices, control and alarm circuitry, arranged so that they interact automatically to operate the station's transmitter and maintain technical parameters within licensed values. x(4) A hybrid system containing some remote control and some ATS features is also permissible. x(5) In the case of remote control or ATS operation, not every station parameter need be monitored or controlled if the licensee has good reason to believe that its stability is so great that its monitoring and control are unnecessary.  X -x(b) Unattended operation: Unattended operation is either the absence of human supervision or the substitution of automated supervision of a station's transmission system for human supervision. In the former case, equipment is employed which is expected to operate within assigned tolerances for extended periods of time. The latter consists of the use of a selfmonitoring or ATSmonitored and controlled transmission system that, in lieu of contacting a person designated by the licensee, automatically takes the station off the air within three hours of any technical malfunction which is capable of causing interference. x 14. Sections 73.1410, 73.1500 and 73.1550 are removed. x15. Section 73.1580 is revised to read as follows:  X- 73.1580 Transmission system inspections. xEach AM, FM, and TV station licensee or permittee must conduct periodic complete inspections of the transmitting system and all required monitors to ensure proper station operation. x16. Section 73.1635 is amended by revising paragraph (a)(5) to read as follows:  X - 73.1635 Special temporary authorizations (STA).  X-x(a)` ` * ** x(5) Certain rules specify special considerations and procedures in situations requiring an STA or permit temporary operation at variance without prior authorization from the FCC when notification is filed as prescribed in the particular rules. See 73.62, Directional antenna system tolerances; 73.157, Antenna testing during daytime; 73.158, Directional antenna monitoring points; 73.691, Visual modulation monitoring; 73.1250, Broadcasting emergency information; 73.1350, Transmission system operation; 73.1560, Operating power and mode tolerances; 73.1570, Modulation levels: AM, FM, and TV aural; 73.1615, Operation during modification of facilities; 73.1680, Emergency antennas; and 73.1740,"#'H0*((%" Minimum operating schedule.  X-*x` ` * *hh@*hpp*  x17. Section 73.1820 is amended by revising paragraphs (a) introductory text (a)(2)(iii), by removing paragraphs (b)(4), (b)(5) and (b)(6), redesignating paragraphs (b)(7) and (b)(8) as paragraphs (b)(4) and (b)(5), respectively and revising newly designatedLrc5ing paragraph (b)(4)  Lrc8as paragraph (b)(5) to read as follows:  X1- 73.1820 Station log. x(a) Entries must be made in the station log either manually by a person designated by the licensee who is in actual charge of the transmitting apparatus, or by automatic devices meeting the requirements of paragraph (b) of this section. Indications of operating parameters that are required to be logged must be logged prior to any adjustment of the equipment. Where adjustments are made to restore parameters to their proper operating values, the corrected indications must be logged and accompanied, if any parameter deviation was beyond a prescribed tolerance, by a notation describing the nature of the corrective action. Indications of all parameters whose values are affected by the modulation of the carrier must be read without modulation. The actual time of observation must be included in each log entry. The following information must be entered:  X-*x` ` * *hh@*hpp*   X-x(2)` ` * ** x(iii) Entries of the results of calibration of automatic logging devices (see paragraph (b) of this section) or indicating instruments (see 73.67), whenever performed.  Lrc:   XN-x(b)` ` * ** x(4) In the event of failure or malfunctioning of the automatic equipment, the person designated by the licensee as being responsible for the log shall make the required entries in the log manually at that time. Lrc;x(5) The indicating equipment conforms to the requirements of 73.1215 (Indicating instruments specifications) except that the scales need not exceed 5 cm (2 inches) in length. Arbitrary scales may not be used.   X!-*x` ` * *hh@*hpp* x18. Section 73.1860 is removed. x19. Section 73.1870 is amended by revising paragraphs (a) and (b)(3) to read as follows:  X#'-"#'H0*((%"Ԍ X- 73.1870 Chief operators. x(a) The licensee of each AM, FM, or TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or  X-unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis.  X_-x(b)` ` * **hh x(3) The designation of the chief operator must be in writing with a copy of the designation posted with the station license. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.  X -*x` ` * *hh@*hpp*  Lrc<   X - Lrc>   Lrc> PART 74 EXPERIMENTAL, AUXILIARY, AND SPECIAL BROADCAST AND  X-OTHER PROGRAM DISTRIBUTIONAL SERVICES Lrc>   Lrc>   Xb-x20. The authority citation for Part 74 continues to read as follows: Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as amended; 47 U.S.C. 154, 303, 554.    X-x21. Section 74.5 is amended by removing and reserving paragraph (c).  X-x22. Section 74.18 is revised to read as follows:  X- 74.18 Transmitter control and operation.  X|- Except where unattended operation is specifically permitted, the licensee of each station authorized under the provisions of this part shall designate a person or persons to activate and control its transmitter. At the discretion of the station licensee, persons so designated may be employed for other duties and for operation of other transmitting stations if such other duties will not interfere with the proper operation of the station transmission systems.  X-x23. Section 74.165 is revised to read as follows:  X!- 74.165 Posting of station license. The instrument of authorization or a clearly legible photocopy thereof shall be available at the transmitter site. x24. Section 74.432 is amended by revising paragraph (e)(1) to read as follows: "#'H0*((%"Ԍ X- 74.432 Licensing requirements and procedures.  X-*x` ` * *hh@*hpp*  X-x(e)` ` * ** x(1) The station must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee.  X1-*x` ` * *hh@*hpp* x25. Section 74.434 is amended by revising paragraph (b) to read as follows:  X - 74.434 Remote control operation.  X -*x` ` * *hh@*hpp* x(b) A remote control system must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee.  X4-*x` ` * *hh@*hpp* x26. Section 74.436 is amended by revising paragraph (a) to read as follows:  X- 74.436 Special requirements for automatic relay stations. x(a) An automatic relay station must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee.  Xe-*x` ` * *hh@*hpp* x27. Section 74.533 is amended by revising paragraph (a)(2) to read as follows:  X - 74.533 Remote control and unattended operation.  X-x(a)` ` * ** x(2) The remote control system must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee.  Xh$-*x` ` * *hh@*hpp* x28. Section 74.564 is amended by revising the heading and paragraph (a) to read as follows:"#'H0*((%"Ԍ X-ԙ 74.564 Posting of station license. x(a) The station license and any other instrument of authorization or individual order concerning the construction of the equipment or manner of operation of the station shall be posted in the room in which the transmitter is located, provided that if the station is operated by remote control pursuant to 74.533, the station license shall be posted at the operating position.  XH- Lrc@ *x` ` * *hh@*hpp* Lrc@  x29. Section 74.634 is amended by revising paragraph (a)(1) to read as follows:  X - 74.634 Remote control operation.  X -x(a)` ` * ** x(1) The remote control system must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee.  XK-*x` ` * *hh@*hpp* x30. Section 74.703 is amended by revising paragraph (c) to read as follows:  X- 74.703 Interference.  X-*x` ` * *hh@*hpp* x(c) It shall be the responsibility of the licensee of a low power TV, TV translator, or TV booster station to correct any condition of interference which results from the radiation of radio frequency energy outside its assigned channel. Upon notice by the Commission to the station licensee that such interference is caused by spurious emissions of the station, operation of the station shall be suspended within three minutes and not resumed until the interference has been eliminated. However, short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures.  X-*x` ` * *hh@*hpp* x31. Section 74.734 is amended by revising paragraph (a)  LrcC introductory text  LrcC and removing paragraph (a)(6) to read as follows:  Xh$- 74.734 Attended and Unattended operation. x(a) Low power TV, TV translator, and TV booster stations may be operated without a designated person in attendance if the following requirements are met:"#'H0*((%"Ԍ X-ԙ*x` ` * *hh@*hpp* x32. Section 74.750 is amended by revising paragraph (g) to read as follows:  X- 74.750 Transmission system facilities.  Xv-*x` ` * *hh@*hpp* x(g) Low power TV, TV translator, or TV booster stations installing new type accepted transmitting apparatus incorporating modulating equipment need not make equipment performance measurements and shall so indicate on the station license application. Stations adding new or replacing modulating equipment in existing low power TV, TV translator, or TV booster station transmitting apparatus must have a qualified person examine the transmitting system after installation. This person must certify in the application for the station license that the transmitting equipment meets the requirements of paragraph (d)(1) of this section. A report of the methods, measurements, and results must be kept in the station records. However, stations installing modulating equipment solely for the limited local origination of signals permitted by 74.731 need not comply with the requirements of this paragraph. x 33. Section 74.765 is amended by removing paragraph (b) and redesignating paragraph (c) as paragraph (b) LrcD , respectively LrcD . x!34. Section 74.769 is revised to read as follows:  X- 74.769 Copies of rules. The licensee or permittee of a station authorized under this subpart shall have a current copy of Volume I and Volume III of the Commission's Rules. Each such licensee or permittee shall be familiar with those rules relating to stations authorized under this subpart. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. x"35. Section 74.901 is amended by revising the definitions for attended operation, remote control and unattended operation to read as follows:  X - 74.901 Definitions.  X"-xAttended operation. Operation of a station by a designated person on duty at the place where the transmitting apparatus is located with the transmitter in the person's plain view.  XQ%-*x` ` * *hh@*hpp*  X#'-xRemote control. Operation of a station by a designated person at a control position"#' H0*((%" from which the transmitter is not visible but where suitable control and telemetering circuits are provided which allow the performance of the essential functions that could be performed at the transmitter.  X-*x` ` * *hh@*hpp*  Xv-xUnattended operation. Operation of a station by automatic means whereby the transmitter is turned on and off and performs its functions without attention by a designated person. x#36. Section 74.939 is amended by revising paragraph (i) to read as follows:  X - 74.939 Special rules governing ITFS response stations.  X -*x` ` * *hh@*hpp* x(i) The transmitter of an ITFS response station may be operated unattended. The overall performance of the ITFS response station transmitter shall be checked as often as necessary to ensure that it is functioning in accordance with the requirements of the Commission's rules. The licensee of an ITFS response station is responsible for the proper operation of the transmitter at all times. The transmitter shall be installed and protected in such manner as to prevent tampering or operation by unauthorized persons.  X-*x` ` * *hh@*hpp* x$37. Section 74.969 is revised to read as follows:  X- 74.969 Copies of rules. The licensee of an instructional television fixed station shall have a current copy of Parts 73 and 74 of the Commission's Rules. In cases where aeronautical hazard marking of antennas is required, such licensee shall also have a current copy of Part 17 of this chapter. Each licensee is expected to be familiar with the pertinent rules governing instructional television fixed stations. x%38. Section 74.1203 is amended by revising paragraph (e) to read as follows:  X!- 74.1203 Interference.  X#-*x` ` * *hh@*hpp* x(e) It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. Upon"#'!H0*((%" notice by the Commission to the station licensee that such interference is being caused, the"#'!H0*((%" operation of the FM translator or FM booster station shall be suspended within three minutes"#'!H0*((%" and shall not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions by the FM translator or FM booster  X-station; provided, however, that short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. x&39. Section 74.1234 is amended by revising paragraph (a) and removing paragraph (c) to read as follows:  XH- 74.1234 Unattended operation. x(a) A station authorized under this subpart may be operated without a designated person in attendance if the following requirements are met:  X -*x` ` * *hh@*hpp* " "H0*((N "  X-) APPENDIX B ă  X- Final Regulatory Flexibility Act Analysis  X-I. Reason for Action A revision in the Communications Act of 1934 has given the Commission authority to waive the requirement that broadcast stations be operated by licensed transmitter duty operators. A waiver of this requirement would permit such stations to be operated unattended for the first  X1-time. This Report and Order specifies the conditions relating to such operation.  X -II. Objectives The action taken herein is intended to update the rules to provide for unattended broadcast station operation and to clarify the technical responsibilities of broadcast licensees, particularly those operating unattended stations.  Xy-III. Legal Basis The action taken is authorized by Sections 4(i) and (j), 302, 303 and 403 of the Communications Act of 1934, as amended.  X-IV. Description, Potential Impact and Number of Small Entities Affected The action taken in this proceeding is expected to benefit smaller broadcast licensees by eliminating the need for a transmitter duty operator. This is expected to result in a significant operational cost savings. However, taking advantage of the flexibility provided by the proposed new rules is entirely optional. Licensees may continue to operate as they currently do if they so desire.  XN-V. Recording, Record Keeping and Other Compliance Requirements  X -Comments directed toward the Initial Regulatory Flexibility Analysis contained in the Notice  X -of Proposed Rule Making ("Notice") were filed by Ted Miller, who complained about new  X-recordkeeping and other requirements proposed in the Notice when the Initial Regulatory Flexibility Analysis indicated that there were none. Strictly speaking, Mr. Miller's assertions are correct. However, the Commission concludes that the new recordkeeping requirements  X!-proposed in the Notice were insignificant compared to the many other deregulatory aspects of this proceeding. However, all of Mr. Miller's complaints and recommendations have been  X#-accommodated and are addressed either in the text of the attached Report and Order or in the rule appendix, so that there is in fact no adverse regulatory impact whatsoever on smaller broadcast licensees. ":&#H0*(($"Ԍ X-VI. Federal Rules which Overlap, Duplicate or Conflict with this Rule None.  X-VII. Any Significant Alternative Minimizing Impact on Small Entities and Consistent with  X-the Stated Objectives None."_$H0*(('"  X-) APPENDIX C ă Parties filing comments in MM Docket No. 94130: Allison Associates (Allison) Association of Minnesota Public Educational Radio Stations (AMPERS) Anderson, Andy (Anderson) Association of Federal Communications Consulting Engineers (AFCCE) Baker, Vernon H. (Baker) Batesville Broadcasting Co. (Batesville) Bellingham Broadcasting (Bellingham) Birch Bay Broadcasting Co. (Birch Bay) Broadcast Electronics Inc. (BEI) Broadcast Signal Lab (BSL) Burk Technology Inc. (Burk) Burrow, R. Morgan (Burrow) Capital Cities/ABC Inc. (Cap Cities/ABC) Equity One Media Partners (Equity One) Flick, Curtis W. (Flick) Gentner Communications Co. (Gentner) Gray, James P. (Gray) Hallikainen and Friends (Hallikainen) Ham Broadcasting Co. (Ham) Harris Corporation (Harris) Herald Broadcasting (Herald) KM Communications (KMC) Liberty Temple Full Gospel Church Inc. (Liberty Temple) Miller, Randal J. (R. Miller) Miller, Theodore C. (T. Miller) Moody Bible Institute of Chicago (Moody Bible) National Association of Broadcasters (NAB) National Public Radio (NPR) Osenkowsky, Thomas Gary (Osenkowsky) Platinum Broadcasting Inc. (PBI) Reich, Raymond F. (StationWatch) Rio Grande Bible Institute & Language School (KRIOAM/KOIRFM) S&S Communications Group (S&S) Silver King Communications (Silver King) Society of Broadcast Engineers (SBE) Soucise, Joseph R. (Soucise) Smith, Thomas C. (Smith) State Broadcasters Associations (SBA) Taconite Broadcasting, Inc. (Taconite) Tidewater Broadcasting (Tidewater)"#'%H0*((%"ԌTradewater Broadcasting Co. (Tradewater) Wagner, James P. (Wagner) Wind River Communications (Wind River) KIOWFM KOLYAM/FM KSUE [93 JDX] KUGR/KYCS WATS/WAVR WGOG WHYLAM WJLRFM (Reising, Keith) WNPC Inc. (WNPC) WSWO WVOW Reply Comments were filed by: Capital Cities/ABC Inc. (Cap Cities/ABC) Community Broadcasters Association (CBA) National Association of Broadcasters (NAB)