NEWS Report No. DC 96-26 ACTION IN DOCKET CASE    March 22, 1996

     COMMISSION INITIATES RULE MAKING PROCEEDING TO ALLOW 
     BROADCAST STATIONS TO IMPLEMENT CERTAIN TYPES OF
     MINOR MODIFICATIONS OF LICENSES WITHOUT 
     A CONSTRUCTION PERMIT
     (MM DOCKET NO. 96-58)

     The Commission has adopted a Notice of Proposed Rule Making
to modify portions of Section 73 and 74 of the rules to permit
broadcast stations to implement certain types of minor
modifications of their facilities without first obtaining a
construction permit authorizing the modifications.  The
Commission's Rules generally require that modifications of
broadcast licenses and permits may be accomplished only through a
two-step process:  first, the station files an application for a
construction permit, and second, after the facilities are
modified, the station files an application for a license for the
modified facilities.  However, because certain types of minor
modifications are unlikely to have any impact on other stations,
the requirement of prior review and authorization of the change
by the Commission staff often involves redundant analysis and
unnecessarily delays the implementation of such changes.  

     Pursuant to a request from the Commission, Congress included
in the Telecommunications Act of 1996 a specific provision
(Section 403(m)) that authorized the Commission to allow certain
types of minor modifications without the need for a construction
permit.  With this new authority, the Commission, in the Notice
of Proposed Rule Making, has proposed that the types of minor
license modifications discussed below be permitted without first
obtaining a construction permit.  In addition, in the Notice, the
Commission explicitly seek suggestions from the public and the
broadcast industry as to additional types of minor modifications
that could be effectuated through a one-step licensing process
without prior approval of the Commission.  The Notice also
proposes some additional changes to relevant rule sections to
make clarifications and to conform the rules to existing policy.

     The Notice proposes that the following types of minor
license and permit modifications would be permitted to be
implemented without the prior authorization of the Commission,
provided that the licensee or permittee file a modification of
license application, using FCC Form 302, within 10 days of
effectuating the change:

     1)   commercial FM stations would be permitted to increase
effective radiated power up to the maximum level for the class of
station;

     2)   FM and television stations would be permitted to
replace one directional antenna with another;

     3)   FM stations would be permitted to delete contour
protection status under Section 73.215 of the rules where the
stations they are providing contour protection move to fully
spaced locations;

     4)   FM stations would be permitted to use formerly licensed
main transmission facilities as auxiliary broadcast facilities;

     5)   FM and television stations would be permitted to change
vertically polarized effective radiated power (ERP); and

     6)   FM and television stations would be permitted to make
slight changes in antenna radiation center height.

     In addition, the Notice proposes that requests for waiver of
the main studio location rule be made by letter with supporting
documentation rather than by filing a construction permit
application;  and that commercial stations seeking to change to
noncommercial status file a one-step modification of license
application rather than a construction permit application
followed by a license application.  In both of these cases, prior
Commission approval would still be required before the proposed
change could be implemented.  In addition, the Notice proposes
that directional FM stations would be allowed to commence
automatic program tests at reduced power upon completion of
construction without the prior approval of the Commission.

     Comments on the proposed changes to the rules are required
to be filed by May 16, 1996.  Reply comments are due by June 17,
1996.

     Action by the Commission March 19, 1996, by Notice of
Proposed Rule Making (FCC 96-118).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

     -FCC-  

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contacts: Richard Waysdorf at (202)
418-2679, or Dale Bickel at (202) 418-2720.