[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Rules and Regulations]
[Pages 19498-19503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9951]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 98-93; FCC 99-55]


1998 Biennial Regulatory Review--Streamlining of Radio Technical 
Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this Report and Order, the Commission modifies its rules to 
extend first come/first served processing to applications for minor 
changes to AM, reserved frequency noncommercial educational FM (``NCE 
FM'') and FM translator facilities. The Commission also expands the 
definition of ``minor change'' in these services to conform more 
closely to the commercial FM definition, which includes all changes 
except changes in community of license and certain changes in frequency 
and/or class. Finally, we amend the contingent application rule to 
permit the filing of up to four related and simultaneously-filed minor 
change FM station construction permit applications. These modifications 
were proposed as part of a broad-based initiative, undertaken in 
conjunction with the Commission's 1998 biennial regulatory review, to 
streamline Mass Media Bureau radio technical rules.

EFFECTIVE DATE: May 21, 1999.

FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Services 
Division, Mass Media Bureau (202) 418-2700 or William J. Scher, Audio 
Services Division, Mass Media Bureau, (202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First 
Report and Order in MM Docket 98-93, adopted March 23, 1999, and 
released March 30, 1999. The complete text of this Report and Order is 
available for

[[Page 19499]]

inspection and copying during normal business hours in the FCC 
Reference Center, and may also be purchased from the Commission's copy 
contractor, International Transcription Service (ITS), (202) 857-3800 
(phone), (202) 857-3805 (facsimile), 1231 20th Street, N.W., 
Washington, D.C. 20036.

Synopsis of Report and Order

I. Introduction

    1. With this Report and Order, we extend first come/first served 
processing to AM, NCE FM and FM translator minor change applications. 
Furthermore, we expand the definition of ``minor change'' for these 
services to conform more closely to the commercial FM definition. Under 
these modified rules, non-expanded band AM, NCE FM and FM translator 
licensees and permittees may propose frequency changes to adjacent 
channels, and, in addition, FM translators may propose such changes to 
intermediate frequencies (``IF''), by filing minor change applications. 
Proposed changes in power, antenna height and/or antenna location for 
stations in these services also are classified as minor changes, 
provided that NCE FM and FM translator stations proposing antenna 
location changes would continue to provide 1 mV/m service to some 
portion of their authorized 1 mV/m service areas. In addition, AM 
stations may propose changes in authorized hours of operation by filing 
minor change applications. Proposed AM and NCE FM facility changes that 
would result in station class changes are classified as minor changes 
provided that they meet the standards. Amendments to applications also 
will be classified as minor in accordance with these standards. The 
measures that we are adopting make the commercial FM application 
process simpler, faster and more efficient, without undermining the 
administration of any Commission rule or policy. We anticipate that 
they will prove to be similarly beneficial in the AM, NCE FM and FM 
translator services, thereby encouraging potential applicants to file 
for improved facilities and speeding the introduction of improved 
services to the public.

II. Discussion

A. Extending First Come/First Served Processing to AM, NCE FM and FM 
Translator Minor Change Applications; Revising the Definition of 
``Minor'' Change in These Services

Continuity of Service Requirement
    2. We believe it is necessary to impose a continuity of service 
requirement on both NCE FM and FM translator stations proposing 
facility modifications. Unlike commercial AM and FM stations, our rules 
have not required NCE FM and FM translator stations to provide any 
level of service to their communities of license. Our approach here 
provides NCE FM and FM translator stations with maximum flexibility in 
proposing facility changes, while preventing such stations from 
completely abandoning their present service areas. We note that our 
proposal in the 1998 Biennial Regulatory Review--Streamlining of Radio 
Technical Rules in Parts 73 and 74 of the Commission's Rules, Notice of 
Proposed Rule Making (``Notice'') to require NCE FM stations to 
maintain 1 mV/m contours over at least a portion of their communities 
of license would impose an additional restriction on NCE FM station 
antenna location changes. As an interim measure until the Commission 
acts on that proposal, we shall process proposed NCE FM antenna 
location changes as minor changes only if the proposed changes do not 
diminish the stations' present 1 mV/m service to their communities of 
license.
AM and NCE FM Community of License Changes
    3. We decline to adopt the suggestion of several commenters that we 
treat community of license changes in the AM and NCE FM services as 
minor changes. Unlike the proposed technical facility changes that we 
are reclassifying as minor changes, proposed AM or NCE FM community of 
license changes are not fundamentally technical in nature; rather, they 
raise important statutory and policy issues under Section 307(b) of the 
Communications Act, issues that require substantive legal analysis.
``Warehousing'' Concerns
    4. With regard to the spectrum ``warehousing'' concerns expressed 
by some commenters, we are not persuaded that additional safeguards are 
necessary. Mechanisms for preventing abuse will continue to exist under 
the new rules, in the form of careful staff review of applications, the 
opportunity to file informal objections and seek reconsideration and 
review of staff actions, and strict time limits on authorized 
construction periods. In addition, the enhancements that an applicant 
may request are necessarily limited by the operation of stations on 
adjacent and co-channel frequencies in neighboring communities and the 
applicant's city grade coverage requirements.

B. Agreements Involving Applications for Coordinated FM Station Changes

    5. Section 73.3517 of the Commission's rules prohibits the filing 
of contingent new station and modification applications in the 
broadcast services. The Commission first announced this policy in a 
1961 Public Notice and subsequently codified the restriction. It was 
adopted to bring greater administrative orderliness to the broadcast 
licensing process. The Commission found that it was frequently holding 
applications in pending status that were contingent on the grant of 
other applications involved in lengthy hearings. An application is 
``contingent'' when it cannot be granted unless and until a second 
application, also pending before the Commission, is granted. In the FM 
service, Section 73.208 requires an applicant to protect all 
outstanding construction permits and licenses. Thus, when an FM 
application is contingent on the effectuation of a second station's 
facility modification application, in most instances the first station 
must wait for the grant of the second station's covering license 
application before filing a construction permit application. This rule 
effectively requires stations to undertake ``coordinated'' facility 
improvements through a series of application and construction cycles, a 
risky, lengthy and sometimes infeasible procedure, particularly where a 
station downgrade or facility relocation is required to permit expanded 
service by a second station.
    6. Based on the record developed in this proceeding, we adopt rule 
changes to permit applicants to file up to four related, 
simultaneously-filed and cross-referenced minor change FM station 
construction permit applications. We believe that it is prudent to 
limit the scope of these new procedures, both to limit the potential 
for significant service losses and/or disruptions and to ensure that 
there is sufficient staff to complete review of interrelated proposals 
expeditiously. Thus, we exclude major change applications. Proposals 
may include one-step upgrade and downgrade applications. Applicants 
will be required to submit a copy of the agreement to undertake the 
coordinated facility changes with each application. Applications will 
be processed together and, if grantable, will be granted 
simultaneously. Granted applications will contain conditions, as 
necessary, to prevent interference during the construction period 
leading to full implementation of all related facility modifications. 
If one or more applications is unacceptable, all related

[[Page 19500]]

applications will be dismissed. Thus, the staff will dismiss an 
otherwise grantable non-contingent ``lead'' application if a related 
contingent application is found to be unacceptable.
    7. We believe a strict dismissal policy is warranted. The plain 
quid pro quo for creating this greater technical flexibility for 
broadcasters is that applicants bear sole responsibility for developing 
proposals that fully comply with the Commission's rules. However, we 
wish to correct a commenter's erroneous assumption that applicants 
would be prohibited from filing curative amendments. Our current 
commercial and NCE FM amendment procedures will apply to contingent 
applications. The one processing policy change is that the staff will 
dismiss all related applications if one application remains 
unacceptable after the opportunity for filing curative amendments has 
closed.
    8. Finally, with regard to contingent NCE FM applications, we 
permit proposals that include station cancellations except those that 
would create gray or white areas, i.e., areas that receive service from 
one or no NCE FM stations, respectively. Although we decline to 
establish other full-time NCE FM service floor guidelines, any proposal 
to cancel a community's sole NCE FM station license, i.e., its sole 
transmission service, will be treated as prima facie inconsistent with 
the public interest and must include a public interest justification. 
We will consider a commenter's proposal to permit alternative signal 
propagation methodologies to measure NCE FM service levels in a 
subsequent order in this proceeding in connection with our evaluation 
of the supplemental point-to-point (``PTP'') signal propagation model.

C. Procedural Matters

    9. In order to ensure a smooth transition to the new procedures, we 
wish to clarify our procedures for processing applications filed prior 
to the effective date that are subject to this Order. First, with 
regard to applications originally filed as minor changes, as of the 
effective date they will be accorded cut-off protection based on their 
actual filing dates, provided that they are not mutually exclusive with 
any other applications filed prior to the effective date. Mutually 
exclusive applications will be handled under our existing procedures. 
Second, with regard to major change applications subject to 
reclassification as minor changes, as of the effective date such 
applications will be reclassified automatically as minor changes, 
provided that: (1) They are not mutually exclusive with any other 
applications filed prior to the effective date; and (2) no petition to 
deny was filed against them in accordance with the requirements of 
Section 309(d) of the Communications Act prior to the effective date. 
Applications that fail to satisfy these two conditions will be handled 
under our existing application processing procedures. AM and FM 
translator applicants with major change applications on file that seek 
waiver of the Commission's interim policy concerning processing of such 
applications may request dismissal of their applications and resubmit 
minor change applications as of the effective date of the Order. 
Finally, applications pending as of the adoption date of the Order and 
seeking waivers of section 73.3517 will be considered on a case-by-case 
basis. Contingent applications filed between the adoption and effective 
dates of the Order shall be returned.

III. Administrative Matters

    10. The complete text of this Report and Order is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, and may also be purchased from the Commission's copy 
contractor, International Transcription Service (ITS), (202) 857-3800 
(phone), (202) 857-3805 (facsimile), 1231 20th Street, N.W., 
Washington, D.C. 20036.
    11. Paperwork Reduction Act of 1995 Analysis. The action contained 
herein has been analyzed with respect to the Paperwork Reduction Act of 
1995 and found to impose new or modified reporting and recordkeeping 
requirements or burdens on the public. Implementation of these new or 
modified reporting and recordkeeping requirements will be subject to 
approval by the Office of Management and Budget as prescribed by the 
Act. The new or modified paperwork requirements contained in this 
Report and Order (which are subject to approval by the Office of 
Management and Budget) will go into effect upon OMB approval.

Final Regulatory Flexibility Analysis (FRFA)

    12. As required by the Regulatory Flexibility Act (``RFA''), 5 
U.S.C 603, an Initial Regulatory Flexibility Analysis (``IRFA'') was 
incorporated in the Notice of Proposed Rulemaking for the docket in 
this proceeding. The Commission sought written public comments on the 
proposals set forth in the Notice, including comment on the IRFA. The 
Commission's Final Regulatory Flexibility Analysis (``FRFA'') in this 
Report and Order conforms to the RFA.

Need For and Objectives of Action

    13. Specifically, this Order (1) amends the Commission's rules to 
extend first come/first served processing to applications for minor 
changes to existing AM, NCE FM, and FM translator facilities; (2) 
expands the definition of minor change in these services to conform 
more closely to the commercial FM definition of ``minor change;'' and 
(3) amends the contingent application rule to permit the filing of up 
to four related and simultaneously-filed FM station construction permit 
applications. By this Order, the Commission eliminates the present 
inconsistent treatment of certain proposed facilities changes for AM, 
NCE FM and FM translator services, and provides greater flexibility for 
permittees and licensees to propose service improvements.

Significant Issues Raised by Public Comments in Response to the IRFAs

    14. No comments were received specifically in response to the IRFA 
in MM Docket No. 98-93. However, four commenters expressed concern 
about an issue that may affect, but is not limited to, small business 
issues. These commenters were concerned that the new procedures could 
facilitate abuses by applicants resulting in the warehousing of 
spectrum.

Description and Estimate of the Number of Small Entities to Which Rules 
Will Apply

    15. Under the RFA, small entities may include small organizations, 
small businesses, and small governmental jurisdictions. 5 U.S.C. 
601(6). The RFA, 5 U.S.C. 601(3), generally defines the term ``small 
business'' as having the same meaning as the term ``small business 
concern'' under the Small Business Act, 15 U.S.C. 632. 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 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency after consultation with the 
Office of Advocacy of the SBA and after opportunity for public comment, 
establishes one or more definitions of such term that are appropriate 
to the activities of the agency and publishes such definition(s) in the 
Federal Register. We received no comment in response to either IRFA on 
how to define radio and television broadcast ``small businesses.'' 
Therefore, we will

[[Page 19501]]

continue to utilize SBA's definitions for the purpose of this FRFA.
    16. The SBA defines a radio broadcasting station that has no more 
than $5 million in annual receipts as a small business. A radio 
broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. Included in this 
industry are commercial religious, educational, and other radio 
stations. Radio broadcasting stations that primarily are engaged in 
radio broadcasting and that produce radio program materials are 
similarly included. As of November 30, 1998, Commission records 
indicate that 12,458 radio stations were operating, of which 11,960 
were small businesses. The rules adopted herein are limited to AM, NCE 
FM and FM translator facilities. Thus, the measures adopted here will 
affect 9957 such entities, 9559 of which are considered small 
businesses.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    17. The measures adopted in the Order are anticipated to reduce the 
overall administrative burden of the Commission's application processes 
on applicants and the Commission. Extending first come/first served 
processing to AM, NCE FM and FM translator minor change applications 
will eliminate the uncertainty, delay and expense associated with the 
indefinite exposure to competing applications that occurs under the 
current processing system. Expansion of the minor change definition in 
these services to conform more closely to the commercial FM definition 
will eliminate unnecessarily burdensome administrative procedures, as 
well as minimizing the resources expended by applicants and the 
Commission in resolving conflicts between minor change applications. 
Permitting applications for coordinated FM station changes will 
eliminate the need to undertake coordinated improvements through a 
series of application and construction cycles, a risky, lengthy and 
sometimes infeasible procedure. No additional professional services are 
required by applicants filing minor change applications under these 
revised processing rules. Further, the cost of compliance will not vary 
between large and small entities.

Steps Taken to Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    18. This Order sets forth the Commission's new streamlined 
application processing changes that are intended to eliminate 
unnecessary administrative burdens and shorten processing time frames 
for certain applications. All significant alternatives presented in the 
comments were considered. As noted in the Order, we extend the 
application of first come/first served processing to AM, NCE FM, and FM 
translator stations. These processing changes will remedy the 
uncertainty and delay previously associated with AM, NCE FM and FM 
translator minor change applications. We also expand the definition of 
minor change for these services to conform more closely to the 
commercial FM ``minor change'' definition. This change will eliminate 
the inconsistent treatment of proposed facility increases for different 
radio services without undermining the administration of any Commission 
rule or policy. Finally, this Order adopts rule changes to permit 
applicants to file up to four related, simultaneously-filed and cross-
referenced minor change construction permit applications. This change 
will encourage licensees and permittees to propose service improvements 
by making the process more efficient.

Report to Congress

    19. The Commission will send a copy of the 1998 Biennial Regulatory 
Review--Streamlining of Radio Technical Rules in Parts 73 and 74 of the 
Commission's Rules, including this FRFA, in a report to be sent to 
Congress pursuant to the Small Business Regulatory Enforcement Fairness 
Act of 1996. See 5 U.S.C. 801(a)(1)(A). In addition, the Commission 
will send a copy of this Order, including this FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the Order, including this FRFA, (or summaries thereof) will also be 
published in the Federal Register. See 5 U.S.C. 604(b). In addition, 
the Commission's Office of Public Affairs, Reference Operations 
Division, shall send a copy of this Order, including FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    20. Authority for issuance of the Report and Order is contained in 
sections 4, 301, 303, 307, 308 and 309 of the Communications Act of 
1934, as amended, 47 U.S.C 154, 301, 303, 307, 308 and 309. Sections 
73.3517, 73.3571, 73.3573 and 74.1233.
    21. It is ordered that the proceeding in MM Docket 98-93 is 
terminated.

List of Subjects in 47 CFR Parts 73 and 74

    Auxiliary broadcasting, Radio broadcasting.

Federal Communications Commission.

Magalie Roman Salas,
Secretary.

Rule Changes

    Parts 73 and 74 of Chapter 1 of Title 47 of the Code of Federal 
Regulations are amended as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.

    2. Section 73.3517 is amended by adding paragraph (e) to read as 
follows:


Sec. 73.3517  Contingent applications.

* * * * *
    (e) The Commission will accept up to four contingently related 
applications filed by FM licensees and/or permittees for minor 
modification of facilities. Two applications are related if the grant 
of one is necessary to permit the grant of the second application. Each 
application must state that it is filed as part of a related group of 
applications to make changes in facilities, must cross-reference each 
of the related applications, and must include a copy of the agreement 
to undertake the coordinated facility modifications. All applications 
must be filed on the same date. Any coordinated facility modification 
filing that proposes the cancellation of a community's sole 
noncommercial educational FM station license also must include a public 
interest justification. Dismissal of any one of the related 
applications as unacceptable will result in the dismissal of all the 
related applications.
    3. Section 73.3571 is amended by revising paragraphs (a)(1) and (f) 
to read as follows:


Sec. 73.3571  Processing of AM broadcast station applications.

    (a) * * *
    (1) In the first group are applications for new stations or for 
major changes in the facilities of authorized stations. A major change 
for an AM station authorized under this part is any change in community 
of license or in frequency, except frequency changes to non-expanded 
band first, second or third adjacent channels. A major change in 
ownership is a situation where the original party or parties to the 
application do not retain more than

[[Page 19502]]

50% ownership interest in the application as originally filed. All 
other changes will be considered minor.
* * * * *
    (f) Applications for minor modifications for AM broadcast stations, 
as defined in paragraph (a)(2) of this section, may be filed at any 
time, unless restricted by the FCC, and will be processed on a ``first 
come/first served'' basis, with the first acceptable application 
cutting off the filing rights of subsequent, conflicting applicants. 
The FCC will periodically release a Public Notice listing those 
applications accepted for filing. Applications received on the same day 
will be treated as simultaneously filed and, if they are found to be 
mutually exclusive, must be resolved through settlement or technical 
amendment. Conflicting applications received after the filing of a 
first acceptable application will be grouped, according to filing date, 
behind the lead application in a queue. The priority rights of the lead 
applicant, against all other applicants, are determined by the date of 
filing, but the filing date for subsequent, conflicting applicants only 
reserves a place in the queue. The rights of an applicant in a queue 
ripen only upon a final determination that the lead applicant is 
unacceptable and if the queue member is reached and found acceptable. 
The queue will remain behind the lead applicant until a construction 
permit is finally granted, at which time the queue dissolves.
* * * * *
    4. Section 73.3573 is amended by revising paragraphs (a)(1) and (e) 
to read as follows:


Sec. 73.3573  Processing FM broadcast station applications.

    (a) * * *
    (1) In the first group are applications for new stations or for 
major changes in the facilities of authorized stations. A major change 
for an FM station authorized under this part is any change in frequency 
or community of license which is in accord with a present allotment 
contained in the Table of Allotments (Sec. 73.202(b)) of this part. A 
licensee or permittee may seek the higher or lower class adjacent 
channel, intermediate frequency or co-channel or the same class 
adjacent channel of its existing FM broadcast station authorization by 
filing a minor change application. Other requests for change in 
frequency or community of license for FM stations must first be 
submitted in the form of a petition for rule making to amend the Table 
of Allotments. Long-form applications submitted pursuant to 
Sec. 73.5005 of this part for a new FM broadcast service may propose a 
higher or lower class adjacent channel, intermediate frequency or co-
channel. For reserved frequency noncommercial educational and Class D 
FM stations, a major change is any change in community of license, any 
change in frequency except changes to first, second or third adjacent 
channels, and any change in antenna location where the station would 
not continue to provide 1 mV/m service to some portion of its 
previously authorized 1 mV/m service area. A major change in ownership 
is a situation where the original party or parties to the application 
do not retain more than 50% ownership interest in the application as 
originally filed.
* * * * *
    (e) Applications for new reserved frequency noncommercial 
educational FM stations and for major modifications in the facilities 
of authorized reserved frequency noncommercial educational and Class D 
FM broadcast stations will be processed as nearly as possible in the 
order in which they are filed. Such applications will be placed in the 
processing line in numerical sequence, and will be drawn by the staff 
for study, the lowest file number first. In order that those 
applications which are entitled to be grouped for processing may be 
fixed prior to the time processing of the earliest filed application is 
begun, the FCC will periodically release a Public Notice listing 
applications which have been accepted for filing and announcing a date 
(not less than 30 days after publication) on which the listed 
applications will be considered available and ready for processing and 
by which all mutually exclusive applications and/or petitions to deny 
the listed applications must be filed. Applications for minor 
modifications for reserved frequency noncommercial educational and 
Class D FM broadcast stations, as defined in paragraph (a)(2) of this 
section, may be filed at any time, unless restricted by the FCC, and 
will be processed on a ``first come/first served'' basis, with the 
first acceptable application cutting off the filing rights of 
subsequent, competing applicants. The FCC will periodically release a 
Public Notice listing those applications accepted for filing. 
Conflicting applications received on the same day will be treated as 
simultaneously filed and mutually exclusive. Conflicting applications 
received after the filing of a first acceptable application will be 
grouped, according to filing date, behind the lead application in a 
queue. The priority rights of the lead applicant, against all other 
applicants, are determined by the date of filing, but the filing date 
for subsequent, conflicting applicants only reserves a place in the 
queue. The rights of an applicant in a queue ripen only upon a final 
determination that the lead applicant is unacceptable and if the queue 
member is reached and found acceptable. The queue will remain behind 
the lead applicant until a construction permit is finally granted, at 
which time the queue dissolves.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTION SERVICES

    5. The authority citation for Part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307 and 554.

    6. Section 74.1233 is amended by revising paragraphs (a)(1), (b) 
and (d)(1) to read as follows:


Sec. 74.1233  Processing FM translator and booster station 
applications.

    (a) * * *
    (1) In the first group are applications for new stations or for 
major changes in the facilities of authorized stations. For FM 
translator stations, a major change is any change in frequency (output 
channel) except changes to first, second or third adjacent channels, or 
intermediate frequency channels, and any change in antenna location 
where the station would not continue to provide 1 mV/m service to some 
portion of its previously authorized 1 mV/m service area. All other 
changes will be considered minor. All major changes are subject to the 
provisions of Secs. 73.3580 and 1.1104 of this chapter pertaining to 
major changes.
* * * * *
    (b) Processing booster and reserved band FM translator 
applications.
    (1) Applications for minor modifications for reserved band FM 
translator stations, as defined in paragraph (a)(2) of this section, 
may be filed at any time, unless restricted by the FCC, and will be 
processed on a ``first come/first served'' basis, with the first 
acceptable application cutting off the filing rights of subsequent, 
conflicting applicants. The FCC will periodically release a Public 
Notice listing those applications accepted for filing. Conflicting 
applications received on the same day will be treated as simultaneously 
filed and mutually exclusive. Conflicting applications received after 
the filing of a first acceptable application will be grouped, according 
to filing date, behind the lead

[[Page 19503]]

application in a queue. The priority rights of the lead applicant, 
against all other applicants, are determined by the date of filing, but 
the filing date for subsequent, conflicting applicants only reserves a 
place in the queue. The rights of an applicant in a queue ripen only 
upon a final determination that the lead applicant is unacceptable and 
if the queue member is reached and found acceptable. The queue will 
remain behind the lead applicant until a construction permit is finally 
granted, at which time the queue dissolves.
    (2) All other applications for booster stations and reserved band 
FM translator stations will be processed as nearly as possible in the 
order in which they are filed. Such applications will be placed in the 
processing line in numerical sequence, and will be drawn by the staff 
for study, the lowest file number first. In order that those 
applications which are entitled to be grouped for processing may be 
fixed prior to the time processing of the earliest filed application is 
begun, the FCC will periodically release a Public Notice listing 
reserved band applications that have been accepted for filing and 
announcing a date (not less than 30 days after publication) on which 
the listed applications will be considered available and ready for 
processing and by which all mutually exclusive applications and/or 
petitions to deny the listed applications must be filed.
* * * * *
    (d) * * *
    (1) Applications for minor modifications for non-reserved band FM 
translator stations, as defined in paragraph (a)(2) of this section, 
may be filed at any time, unless restricted by the FCC, and will be 
processed on a ``first come/first served'' basis, with the first 
acceptable application cutting off the filing rights of subsequent, 
conflicting applicants. The FCC will periodically release a Public 
Notice listing those applications accepted for filing. Applications 
received on the same day will be treated as simultaneously filed and, 
if they are found to be mutually exclusive, must be resolved through 
settlement or technical amendment. Conflicting applications received 
after the filing of a first acceptable application will be grouped, 
according to filing date, behind the lead application in a queue. The 
priority rights of the lead applicant, against all other applicants, 
are determined by the date of filing, but the filing date for 
subsequent, conflicting applicants only reserves a place in the queue. 
The rights of an applicant in a queue ripen only upon a final 
determination that the lead applicant is unacceptable and if the queue 
member is reached and found acceptable. The queue will remain behind 
the lead applicant until a construction permit is finally granted, at 
which time the queue dissolves.
* * * * *
[FR Doc. 99-9951 Filed 4-20-99; 8:45 am]
BILLING CODE 6712-01-P